decídalo Terms of Use

The operator of decídalo is Data Assessment Solutions GmbH (“DAS”). These Terms of Use apply to the use of decídalo, including related extensions such as the decídalo Office Add-in (together “decídalo”), and supplement the contract concluded between DAS and the Customer (order, quotation or framework agreement) as well as the data processing agreement (DPA).

The paid contractual relationship is established by way of a separate contract or order. Independently of this, decídalo may be used free of charge during a limited trial phase following prior registration; the special provisions in Sections 2, 7, 8 and 11 apply in this case. By using the Application, the Customer agrees to be bound by these Terms of Use.

The use of decídalo is permitted exclusively for business purposes by or on behalf of companies within the meaning of § 14 BGB. Any other use without the prior written consent of DAS is prohibited. Without prejudice to the assertion of other rights, DAS reserves the right to block access to decídalo at any time if these Terms of Use are violated.

In order to use the application, Users must have a user account in the form of a registered e-mail address. A user (hereinafter referred to as “User”) receives the user account either from his company or may initialize it by registering on the decídalo website (www.decidalo.com). After a company has registered for decídalo, a dedicated decídalo client is created for it, to which all other user accounts of the company are assigned. The scope of user rights within the application is decided by the account owner on the Customer’s side.

The trial phase is limited in time and free of charge. DAS reserves the right to delete trial accounts after the expiry of the trial phase.

With decídalo, employee and project profiles can be captured, structured and maintained. CV and reference documents can be generated, edited, customized, exported and downloaded from the existing profiles. The application further supports the search for profiles as well as internal resource and deployment planning, including the associated recording, billing and analysis functions. Access is via the web browser; in addition, integrations with Microsoft 365 and other cloud platforms are available. Which functions and user licenses are available to the Customer in detail is governed by the respective contract; during the trial phase the scope of functions may be restricted. DAS expressly reserves the right to decide at its own discretion on the provision of individual functionalities of decídalo, unless these have been expressly agreed contractually or designated as a property on the website www.decidalo.com.

decídalo contains AI-supported functions provided via Microsoft Azure OpenAI Services. They serve exclusively to provide support: the results are suggestions which the User can review, modify or discard and which are labeled in the user interface as AI-generated.

decídalo does not make decisions based solely on automated processing which produce legal effects or similarly significantly affect individuals within the meaning of Art. 22 GDPR, and is not intended to make or prepare decisions on employment relationships, on the selection of applicants, or on the assessment of individuals. DAS is the provider and the Customer the deployer within the meaning of Regulation (EU) 2024/1689 (AI Act); the Customer is responsible for use in accordance with the intended purpose.

Customer data is not used to train AI models. Details of the processing carried out within the AI functions are set out in our Privacy Notice at www.decidalo.com/en/privacy.

The data records collected with decídalo are stored in the Azure Cloud on server locations within the European Union. Only the account owner or users authorized by the account owner and DAS employees have access to the database. The data records of an account are irretrievably deleted after the end of the respective contractual relationship. It is the responsibility of each Contractual Partner to make regular data backups.

All copyright, trademark, design and other intellectual property rights are owned by DAS or its licensors. You may not reproduce, edit, distribute, publicly display or otherwise use any decídalo content or underlying software code, in whole or in part, without DAS’s prior written consent.

Defects of the application are only given if essential functionalities are not available as assured. Within the scope of free use of the application, in particular during the trial phase, DAS is not obligated to remedy defects. The contracting party is responsible for all damages and violations of rights that occur in the context of the use of decídalo and may also be liable to third parties; this applies in particular to the use of the results of AI-supported functions without prior review. DAS is only liable within the scope of the statutory provisions for damages that are based on an intentional or grossly negligent breach of duty or otherwise on intentional or grossly negligent conduct on the part of DAS or its legal representatives or vicarious agents.

The availability committed for the platform is governed by the individual contract. Insofar as the application is used free of charge, DAS is not obliged to maintain the platform and the servers on which the respective backend is operated with a certain availability.

For the trial phase, the Contractual Partner is provided with limited storage space on a server for the database, and AI requests and other API accesses are also limited to a certain number per month. If these limits are reached, access to the backend may be restricted at the sole discretion of DAS. By switching to a paid contractual relationship, which is possible at any time, the lock can be removed without loss of data. If you have any further questions, please do not hesitate to contact us using the contact details provided on the website www.decidalo.com.

In the context of the operation of decídalo, DAS collects and processes only those data that are absolutely necessary for the operation of the platform.

The contractual partner is the responsible party in the sense of Art. 4 No. 7 GDPR with regard to the collection, processing and use of data of its users as well as the collection, processing and use of personal data within the scope of the decídalo account for which it is responsible. It is the responsibility of the contractual partner to obtain any necessary declarations of consent from those affected and to inform them of their rights and obligations under data protection law.

To conclude a data processing agreement (DPA) with us pursuant to Art. 28 (3) GDPR, please contact our data protection officer or use the following link: https://www.decidalo.com/dpa.

Further information, in particular on the processing carried out within the AI functions, can be found in our Privacy Notice at https://www.decidalo.com/en/privacy.

DAS provides product support (“Support”) for decídalo only within the framework of a contractual relationship for which a fee is charged that expressly includes support services. The nature and scope of support services are governed by the individual contract. Outside of this, there is no claim for support services against DAS.

The paid contractual relationship begins on the date agreed in the contract and has a term of one year, unless otherwise agreed. It shall be automatically extended by a further 12 months unless terminated by one of the parties at the end of the respective term with one month’s notice. A trial phase ends automatically upon expiry of the agreed period without any need for termination. The right of each party to extraordinary termination for good cause remains unaffected. Upon termination of the contractual relationship, the data on the backend including the customer-related database will be irretrievably deleted. It is the responsibility of each contractual partner to undertake regular data backups.

We adapt the Terms of Use to changed functionalities or changed legal situations. Therefore, we recommend that you take note of the Terms of Use at regular intervals. In the event of any conflict between these Terms of Use and the individual contract, the provisions of the individual contract shall prevail.

Should any provision of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions of the Terms of Use. Instead of the invalid provision, a provision shall be deemed agreed which comes as close as possible to the economic purpose of the invalid provision. The validity of contracts in connection with these Terms of Use remains unaffected. These Terms of Use are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Hannover.