Terms and Conditions of Use

e³ GmbH hr software+consulting

As of: January 2025

e³ GmbH hr software + consulting (hereinafter also referred to as e³ GmbH) offers online-based software solutions for human resources management. Specifically, these include Online Assessments (assessments.ehochdrei-skillware.de), Employee Surveys (panel.ehochdreiskillware.de), 360-Degree Feedbacks (feedback.ehochdrei-skillware.de) and Virtual Assessments (vac.ehochdrei-skillware.de).

The offer is directed exclusively at business clients as contracting parties and not at consumers within the meaning of § 13 BGB (German Civil Code). The provision of services of any kind to private individuals (consumers) is excluded. By placing an order, the client confirms that they are acting as an entrepreneur within the meaning of these terms and conditions of use.

These terms of use apply exclusively: Conflicting or deviating conditions of the client are not recognised by e³ GmbH unless e³ GmbH has expressly agreed to their validity in writing.

1. Online Assessments

The client is provided with online assessments (hereinafter also referred to as psychological test procedures, test inventories, etc.) that have been developed on the basis of scientific criteria.

Online assessments can be used both for aptitude diagnostic purposes and for strengths/weaknesses analysis within the framework of personnel development.

e³ GmbH provides the client with psychological test procedures in various forms.

1. Target-specific, pre-configured test inventories
   Target-specific test inventories are pre-configured, non-modifiable compilations of tests with defined questions and areas of application. These include, for example, the sales test sales.skillware and the leadership test leadership.skillware.
2. User-specific, individually customisable test inventories Clients can compile their individual test inventories from a variety of individual tests, each assessing specific personal, social or methodological competencies (e.g. drive to perform, contact strength, etc.) (user-specific test inventories). Each of these individual tests is described both in terms of content and with regard to its scientific quality criteria. The user-specific test inventories must comprise at least one and can comprise a maximum of twenty tests¹. Each user-specific test battery is supplemented by a test to detect individual response distortion tendencies of test candidates.

1.1 Term, Standard Conditions, Invoicing

For the use of the online assessments on the internet, e³ GmbH provides the client via the internet on the website assessments.ehochdrei-skillware.de, after conclusion of the contract, with a password-protected administration portal through which, among other things, test applications can be activated for test candidates and test evaluations can be retrieved by the client.

1.1.1 Term

The use of the online assessments is agreed for one year at the conditions listed under 1.1.2. The annual term begins with the activation of the client by e³ GmbH hr software + consulting and ends 12 months thereafter. The term is automatically extended by one year if the client has not given notice of termination at least 3 months before the end of the term.

1.1.2 Standard Conditions

A monthly usage fee is charged for the use of the online assessments depending on the selected service package (see 1.1.2.1) and the maximum possible number of test completions (limit, see 1.1.2.2).

The usage fee is incurred regardless of the number of test completions; however, the number of maximum test completions is limited depending on the selected limit.

When switching to a different service package or increasing the maximum intended completions during a contract year, a new contract year begins on the date of the switch. An increase in the maximum intended uses during a contract year only results in a changed usage fee from the corresponding date.

A reduction in the maximum intended uses is only possible at the end of a contract year with at least 3 months' notice.

1.1.2.1 Service Packages

(1) Basic

The Basic service package includes the use of the following features:

• all online assessments pre-configured by e³ GmbH (currently education.skillware, health.skillware, leadership.skillware, management.skillware and sales.skillware)
• Multiple invitations
• Candidate management in project folders
• One-time Basic certification seminar

(2) Business

The Business service package includes, in addition to the Basic service package, the use of the following features:

• Modular building block system
• Interview guides
• Development tips
• Team results
• Unlimited number of users

(3) Pro

The Pro service package includes, in addition to the Business service package, the use of the following features:

• Define and match requirements
• Job Profiler - AI-powered creation of customized job profiles
• Option to map company-specific skills
• One-time Pro certification seminar
• Interface to applicant management systems
• All future features.

1.1.2.2 Maximum Number of Completions (Limits)

For each of the service packages listed under 1.1.2.1, any number of test completions up to a selectable maximum number (limit) per contract year is possible.

Available limits are 24 / 100 / 200 / 300 and enterprise (upon request) assessments (tests).

1.1.2.3 Usage Fees

Depending on the selected service package and completion limit, the following monthly usage fees (net) apply:

1.1.2.4 Additional Uses

(1) Use of online assessments beyond the annual limit

Clients may use additional online assessments beyond the agreed limits. For these, individual prices are charged per complete completion. The respective individual price is calculated as the usage fee times 12 divided by the limit.

Example:
Usage fee Business service package with limit 200: €799 x 12 = €9,588; divided by 200 = €47.94. Each additional assessment is therefore charged at €47.94 (net).

A test completion is considered complete when the test candidate has fully completed the test procedure and a test evaluation retrievable by the client has been generated. If a test candidate aborts or does not finish the test procedure, no test evaluation is generated.

1.1.2.5 Invoicing

The monthly usage fees listed under 1.1.2.3 are invoiced monthly in advance.

The billing of additionally conducted test procedures as listed under 1.1.2.4 is carried out monthly in arrears.

e³ GmbH is entitled, in accordance with the contractual provisions, particularly in the event of payment default, to revoke the client's access to the administration portal or to terminate the contract.

All prices are net and are subject to the applicable statutory value added tax.

Invoices from e³ GmbH are due immediately without deduction and must be paid no later than two weeks after the invoice date.

2. Surveys and 360-Degree Feedbacks

The client is provided with online software (hereinafter also referred to as survey software) that enables them to create, conduct and evaluate online surveys for their own company or client companies. In addition, there will be the future possibility of using predefined survey content within the software (e.g. on job satisfaction or leadership quality).

When using the survey software, clients can choose between three service packages:

• Online: Use of the survey software by the client
• Online plus: Use of the survey software by e³ GmbH according to the client's specifications. In this case, the complete survey from setup through execution to evaluation is carried out by e³ GmbH and the results are made available to the client
• Full Service: In addition to Online plus, the client is supported within the framework of consulting services from planning to implementation of measures in the service areas they desire. Prices for Full Service are offered individually.

2.1 Standard Conditions, Term, Invoicing

For the use of the survey software on the internet, e³ GmbH provides the client via the internet on the websites panel.ehochdrei-skillware.de and feedback.ehochdrei-skillware.de, after conclusion of the contract, with a password-protected administration portal through which, among other things, surveys can be created, conducted and evaluated.

A fee per participant is charged for the use of the survey software.

Participants are defined as all survey participants who have fully completed at least one questionnaire².

The number of participants is calculated across all surveys for all of the client's surveys during the entire usage period of the survey software. Billing is carried out monthly in arrears.

All prices are net and are subject to the applicable statutory value added tax.

Invoices from e³ skillware are due immediately without deduction and must be paid no later than two weeks after the invoice date.

The use of the survey software is not limited in time. Termination of use is possible by either contractual party at any time without notice period.

e³ GmbH is entitled, in accordance with the contractual provisions, particularly in the event of payment default, to revoke the client's access to the administration portal or to terminate the contract.

2.1.1 Conducting Employee Surveys under panel.ehochdrei-skillware.de

Depending on the number of participants, the following fees apply:

1) Online Service Package

2) Online plus Service Package

• Prices per participant according to Online service package
• plus a setup fee of 900€

2.1.2 Conducting 360° Feedbacks under feedback.ehochdrei-skillware.de

Depending on the number of participants, the following fees apply:

1) Online Service Package

2) Online plus and Full Service Packages

• Prices per participant according to Online service package
• plus setup fees, price on request.

3. Virtual Assessments

The client is provided with online software (hereinafter also referred to as virtual assessment or vac) that enables them to document, evaluate and analyse online behavioural observations within the framework of classic individual assessments by comparing them with requirement profiles, even when observers are not physically in the same location, such as during video conferences.

Naturally, the advantages of online entry of behavioural observations and evaluations as well as immediate result retrieval including graphical presentation can also be used when the moderator, observers and participants are together on-site.

In addition, there will be the future possibility of conducting group assessments and using exercises (e.g. role plays or written exercises) provided within the software.

3.1 Term, Standard Conditions, Invoicing

For the use of the vac on the internet, e³ GmbH provides the client via the internet on the website vac.ehochdrei-skillware.de, after conclusion of the contract, with a password-protected administration portal through which individual assessments can be configured and evaluated and through which observers and moderators can be invited to participate (e.g. exercise-specific behavioural evaluation forms can be created, test applications can be activated for test candidates and test evaluations can be retrieved by the client).

3.1.1 Term

The use of the virtual assessments is agreed for one year at the conditions listed under 3.1.2. The annual term begins with the activation of the client by e³ GmbH and ends 12 months thereafter. The term is automatically extended by one year if the client has not given notice of termination at least 3 months before the end of the term.

3.1.2 Standard Conditions

A monthly fee is charged for the use of the virtual assessments, dependent on the number of annual uses.

Clients may use additional virtual assessments beyond the agreed number. For these, the individual prices listed below are charged per complete completion.

A virtual assessment completion is considered complete in this sense when at least one observer has completed all behavioural evaluation forms of a virtual assessment.

The following prices apply for additional uses.

3.1.3 Invoicing

The monthly flat rates listed under 3.1.2 are invoiced monthly in advance.

The billing of additionally conducted virtual assessments as listed under 3.1.2 is carried out monthly in arrears.

e³ GmbH is entitled, in accordance with the contractual provisions, particularly in the event of payment default, to revoke the client's access to the administration portal or to terminate the contract.

All prices are net and are subject to the applicable statutory value added tax.

Invoices from e³ skillware are due immediately without deduction and must be paid no later than two weeks after the invoice date.

4. Conclusion of Contract and Contractual Conditions

Upon acceptance of the order by e³ GmbH and transmission of the access data for access to an administration portal, a contract is concluded between the client and e³ GmbH for the use of the software described above under sections 1. and/or 2. under the stated conditions and the following contractual conditions, which are acknowledged as binding by the client.

5. Subject of the Contract

The software described above under sections 1. and 2. is located on the server of e³ GmbH and is made available to the client for the duration of the contract for retrieval and intended use via the administration portals, not sold. The software is made accessible via the internet and is protected by copyright, as are all contents. The licence granted with this contract includes the non-transferable right to use the software and contents under the conditions set out below.

6. Scope of Use

For the use of the software, the client acquires, subject to payment of the fees listed under 1. and 2., the simple, non-exclusive, non-sublicensable, non-transferable to third parties and limited to the duration of this contract right of use of the software maintained on the internet including access via the administration portal. This does not involve the acquisition of rights to the software or contents themselves. All copyrights and other rights to the contents, the software and supplementary documentation are reserved; this also applies to the rights to the test and survey evaluations. The right of use permits access to the software via the administration portals and the printing of test or survey evaluations or their transfer into the documents of the client or other authorised users. Any use beyond this is excluded and requires the prior separate written consent of e³ GmbH. The client is not entitled to make their access data available to unauthorised third parties or otherwise enable the unauthorised use of e³ GmbH's services. Excluded from this are employees of the client or freelancers who have their own access as intended and within the framework of these terms of use. In this context, the client is advised that the unauthorised disclosure of access data enables the unlawful inspection of specially protected personal data and would constitute a data protection violation that may result in measures by the competent supervisory authority.

Without the written consent of e³ GmbH, no contents of the software – except for the test and survey evaluations retrieved as intended to the extent and insofar as this is necessary to present the client's significant conclusions in the customary manner – may be used in a compilation or in another database or within a networked computer environment.

The client acknowledges that the software maintained on the internet constitutes database works and databases produced by e³ GmbH within the meaning of §§ 4 para. 2, 87a para. 1 UrhG (German Copyright Act). Computer programs on the server of e³ GmbH required for the use of the software are subject to protection under § 69a ff. UrhG. Third-party rights to the provided contents remain unaffected. Unless expressly stated otherwise, nothing in these terms can be construed as a transfer of intellectual property.

7. Conditions of Use

In the context of using the software, it is prohibited to:

• jeopardise the security of the servers and/or the access website to the administration portals,
• "frame" or externally link contents of the software, unless permitted by these provisions;
• publish materials or contents in relation to the software that contain false or misleading information or are otherwise punishable or violate applicable law;
• forward or share login information for the client that enables access to the software with third parties;
• use services of e³ GmbH hr software+consulting for unlawful purposes.

The client is solely responsible for the use of their registration and access data to e³ GmbH's software. e³ GmbH reserves the right to remove or terminate software that violates the above conditions or applicable law, rules, guidelines or the terms of use; this does not entail any obligation to review. In the event of a violation of the terms of use by the client, e³ GmbH is entitled to terminate the contractual relationship without notice or to block access to the software.

8. Defect Claims

e³ GmbH warrants that the software is retrievable via the administration portals and is suitable at the time of provision within the meaning of the program description contained above under section 1 and 2. It is noted that it is not possible to develop computer programs that are always error-free for all application conditions.

If the software proves unsuitable for use within the meaning of the program description and e³ skillware does not succeed in establishing usability with reasonable effort and upon request within a reasonable period, the client has the right, at their option, to a reduction or termination of the contract.

No further warranty obligation exists with regard to programming. In particular, there is no warranty that the software meets individual requirements of the client. The client also bears sole responsibility for the use and the intended results thereof.

9. Liability

In the provision of services concerning the making available on the internet and the use of the software, e³ GmbH proceeds with the greatest possible care, whereby e³ GmbH relies on programming services and on the supply of scientific data from third parties.

When using the online assessments, e³ skillware relies on the test responses of the test candidates. e³ GmbH assumes no warranty for the accuracy of the content provided by the test candidates or other authorised users within the framework of contents made available by e³ GmbH and their selection.

The test inventories and tests used in the software are carefully developed psychological test procedures based on the current state of scientific research. Such test procedures provide supplementary information and probability statements. It is left to the client to accept or reject the criteria contained in the test procedures. The test results therefore in no case replace the decisions that actually need to be made in hiring and/or other personnel measures. In this respect, any liability of e³ GmbH for incorrect personnel decisions and their consequences is expressly excluded.

For injury to life, body or health, in cases of intent or gross negligence, and for damages covered by a guarantee or assurance, e³ GmbH is liable in accordance with the statutory provisions. Otherwise, e³ GmbH is only liable for compensation for typical and foreseeable contractual damage and only insofar as a main contractual obligation has been breached, to the extent permissible, up to the amount of the respective order value. In all other respects, liability is, to the extent permissible, excluded.

The setup of a functional hardware and software environment for the use of the services is the sole responsibility of the client, in particular its adequate dimensioning.

The client takes appropriate precautions in their own competence and responsibility for the event that the software or parts thereof used in their sphere of influence do not work properly and that the relevant data protection laws are complied with. Unless the client expressly indicates otherwise, e³ GmbH may assume that all data of the client with which e³ GmbH may come into contact is adequately secured and that data protection regulations are not violated, in particular that the data was lawfully collected by the client.

e³ GmbH is furthermore not liable for damages caused by disruptions to lines, servers and other facilities that are not within the area of responsibility of e³ GmbH.

10. Indemnification

The client hereby comprehensively indemnifies e³ GmbH upon first request against any claims by third parties that they assert against e³ GmbH and its bodies, employees and agents arising from an alleged violation of the terms of use by the client. e³ GmbH will inform the client without delay of any such claims.

11. Confidentiality

All information of the client that e³ GmbH becomes aware of in connection with the provision of the assumed services will be treated confidentially. Under no circumstances will e³ GmbH disclose this information to third parties without the client's consent or unless disclosure is required by law. The data collected in the course of using e³ skillware is used exclusively for the provision of the contractually assumed services and for the purpose of collecting empirical data according to scientific criteria for the further development of the software; the information is treated confidentially, any transmission to third parties is excluded. Excepted from this are service partners used by e³ GmbH for the provision and processing of the owed services and insofar as e³ GmbH is required to disclose data under legal requirements.

12. Data Protection

When using the software, e³ GmbH partially collects, stores and processes personal data that allow the identification of authorised users. The collection, storage and processing of data is carried out exclusively for the processing and provision of the contractually owed services. In addition, personal data is permanently stored to fulfil the retention obligations created by the legislator. After termination of the contract, personal data is initially blocked before being deleted upon expiry of the statutory retention obligations.

Without the client's consent, e³ GmbH will not use personal data for advertising purposes. Any consent given may be revoked at any time.

e³ GmbH does not under any circumstances disclose personal data. Excepted from this are service partners used by e³ GmbH for the provision and processing of the owed services. The transmission of data to service partners is carried out in accordance with the statutory provisions.

e³ GmbH is expressly authorised to store candidate data in anonymised form and to use it for the further development of e³ skillware. e³ GmbH is also expressly authorised to use the data collected within the framework of the survey software in anonymised form (with regard to participants and companies) for the further development of e³ skillware (e.g. with regard to industry comparisons).

e³ GmbH provides clients with a corresponding standard data processing agreement pursuant to Art. 28 EU-GDPR.

13. Final Provisions

The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods and legal norms that refer to another legal system shall not apply.

Side agreements, amendments or supplements must be in writing to be effective, as must the waiver of the written form requirement. The written form within the meaning of these provisions is also preserved by fax transmission.

The place of performance is Berlin. The place of jurisdiction for disputes arising from or in connection with the contractual relationship is Berlin, provided the client is a merchant, a legal entity under public law or a special fund under public law. In addition, each contractual party is free to sue the other at their general place of jurisdiction.

Should any provision of these terms be or become invalid, the validity of the remaining provisions shall remain unaffected. An invalid or unclear provision shall be interpreted, supplemented or, if necessary, corrected in such a way that the economic purpose intended by it is achieved. The same applies with regard to any gaps in the contract.

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¹ Depending on the scope of the test battery compiled by the user, skillware may present test candidates with additional test statements (not belonging to the tests selected by the user) for response, in order to increase the validity of the test battery. These test statements are not included in the test result.

² From how many missing answers of a participant a questionnaire is considered incomplete and thus does not flow into survey results can be determined by the clients themselves in the survey software.