Provider and scope
The LegendsLab, under the internet address mentioned in the heading, is used to place Freelancers and Micro-Companies at Companies and is offered by the Company that can be contacted at the following address:
ITK Engineering GmbH, Im Speyerer Tal 6, 76761 Rülzheim, Germany.
ITK operates LegendsLab exclusively for Freelancers and Micro-Companies as defined below and for commercial Users. Consumers within the meaning of § 13 BGB (Bürgerliches Gesetzbuch - German Civil Code) are not accepted as Users. The User, if a natural person, assures that he is able of lawfully entering into contracts (e.g. that he is not a minor).
Subject of the contract
LegendsLab is a web service to enable Companies to assign Freelancers or Micro-Companies directly or through ITK. In addition, LegendsLab provides Users with access to various functions as set forth in the following section 4, through which the User may, among other things, access information and search functions.
Insofar as the LegendsLab and its Services are provided free of charge, the User is not entitled to uninterrupted use of the LegendsLab and the Services. ITK does not warrant that access to the LegendsLab and use of the Services will not be affected by downtime, maintenance activities, further developments, updates and upgrades or disruptions. ITK shall make reasonable efforts to ensure that the LegendsLab and the Services are as user-friendly as possible. However, technical faults (such as power supply interruptions, hardware and software faults, technical problems in data lines) can lead to temporary limitations or interruptions.
Umbrella term for Freelancers and Micro-Companies that have registered on LegendsLab with the aim of finding new Projects.
Natural or legal person who has registered a trade or is self-employed within the meaning of Section 18 EStG (Einkommenssteuergesetz - German Income Tax Act ), and who is self-employed as a sole proprietor or as a Company.
means the electronic platform at the Internet addresses mentioned in the heading.
Smaller Company with a maximum of 100 employees, offering Projects in a specialized professional field (excluding recruitment agencies or similar).
Any User of the website, including Freelancers and employees of Micro-Companies and Companies.
Development project or other tasks e.g. from the areas of IT, engineering, marketing & design, management, sales & HR to be processed within ITK or within a Company or its Affiliated Companies.
means companies inside and outside the Bosch Group (Bosch Group means Affiliated Companies of Robert Bosch GmbH Germany).
means a Company that is affiliated with another Company within the meaning of Section 15 AktG (Aktiengesetz - German Stock Corporation Act).
are used to control access to a User account and consist of a User ID and password that are known only to the User.
The following exemplary services and functions are part of the online Service of the Internet address mentioned in the heading :
Service Provider Profile Page
In order to facilitate the placement of a Service Provider to Companies, the Service Provider can create a profile page. The Service Provider is obliged to fill in his profile page correctly and completely and to keep it up to date.
Companies can also register on the website and can describe Projects for which Service Providers are being sought on a Project Page.
Service Providers can view these Project Pages and express interest in a Project.
Insofar as the website offers registered Users the use of a message function for communication with other Users, only queries/inquiries with a Project reference may be communicated via the message function. The messages are only accessible to the sending and receiving User and the Provider.
The website offers all registered Users the possibility to use a search function for Projects.
Companies also have the option of using the search function to find Service Providers.
Placement operations outside the website
ITK will strive to bring together Service Providers and Companies seeking support for Projects on the basis of
- the information on the Service Provider Profile ,
- the information on the Project Page and
- if necessary, the other information provided by the Companies
in the best possible way through Placement.
ITK proposes Placement to the cCompany and the service provider at its sole discretion.
"Placement" means that a contract is concluded between the Company and the Service Provider (in the case of the Agency Model) or between ITK and the Service Provider and between ITK and the Company (Subcontracting Model) on the basis of a proposal from ITK to the Company and/or to the Service Provider.
At no time does the Service Provider have a right to be proposed or selected for a specific Project. Decisions within the framework of the proposal process are at the free discretion of ITK. The commissioning of a Service Provider is at the free discretion of the commissioning Company.
Processing of profile data
In order to be able to successfully carry out a mediation, it may be necessary to process profile data and the User's other details for the purposes of the mediation on other data carriers, to forward them by e-mail or in printed form within the Bosch Group or to commissioning Companies. The User expressly agrees to this use, but only for the period necessary for the mediation. Further information on the use of data can be found in our associated data protection declaration.
After completion of a Project, a Company has the opportunity to evaluate the Service Provider's performance. The rating is done by awarding "stars" as well as an optional written evaluation by free text. The rating is stored together with the other profile data and is accessible to all Users and the Provider. Users are obliged to provide objective and correct information in their ratings. The publication of ratings by a User for his/her own services outside the online platform is not permitted, nor is the submission of ratings in return for payment. Ratings are considered Third-Party Content. Such Third-Party Content is not reviewed by ITK and may be inaccurate or misleading. Any manipulation, e.g. attempting to artificially increase or decrease a rating metric, is prohibited. If the User detects manipulation of ratings, he must contact ITK and report the manipulation.
User account and messages
Access to LegendsLab requires a User account. The User must provide ITK with the information required by ITK to open a User account ("Registration").
The data requested by ITK during registration must be provided completely and correctly, e.g. name, current address, telephone number, valid e-mail address ("Registration Data"). Registration can only be carried out by a person of legal age. The registration of a legal entity can only be carried out by an authorized natural person, who must be named.
ITK may also offer Registration by using the existing access data of an external service, e.g. Linkedin ID or Google ID. In this case, the User has the data required for registration transferred from his account with the relevant service.
User accounts are not transferable.
If a User leaves the Company for which he is authorized, the Company shall ensure that the User can no longer use his access data.
ITK is entitled to send contractual declarations regarding the User relationship with binding effect for the User to the e-mail address provided during Registration in electronic form.
The User is responsible for all actions taken under his User account, insofar as he is responsible for them.
The content of LegendsLab and the Services originates partly from ITK and partly from Companies, other Users or other third parties. Content from Companies, Users and other third parties is hereinafter collectively referred to as "Third-Party Content". ITK does not check the completeness, correctness and legality of Third-Party Content and does not adopt it as its own. In particular, ITK does not review the security aspects of Third-Party Content. Therefore, ITK does not assume any responsibility or warranty for the completeness, correctness, legality and timeliness of Third-Party Content. This also applies with regard to the quality of the Third-Party Content and its suitability for a particular purpose, and also insofar as it concerns Third-Party Content on linked external websites that may be viewed by way of framing.
Access data and passwords
The User shall carry out all cooperation activities required for the execution of the contractual relationship on the User sideUser. In particular, Useris obliged to:
immediately change all passwords to passwords only known to User, keep the usage and access authorizations assigned to him secret, protect against access by third parties and not pass them to unauthorized users. Such data shall be protected by appropriete, effective measures. The User shall inform ITK immediately if there is any suspicion that the access data and/or passwords may have become known to unauthorized persons;
correct the information in the User account immediately if the data provided changes after Registration.
The User assumes full responsibility for all actions taken by third parties under his Access Data and/or passwords if the User is at fault.
Should the User provide access data and/or passwords to third parties, ITK is entitled to terminate the contractual relationship with the User with immediate effect, delete the User's Registration and exclude the User from further use.
Obligations of the User to cooperate
The User shall not be entitled to:
gain access to non-public areas of the LegendsLab and/or the services or their underlying technical systems;
use robots, spiders, scrapers or other similar data collection or extraction tools, programs, algorithms or methods to search, access, purchase, copy or control the LegendsLab and/or the services outside of the documented API endpoints;
knowingly transmit data containing viruses or worms, Trojans or other contaminated or harmful components, or otherwise interfere with the proper working of LegendsLab and/or the services;
decipher, decompile, disassemble, reconstruct or otherwise attempt to discover the source code, any software or proprietary algorithms used, except as permitted by mandatory non-essential regulations;
test, scan or investigate the vulnerability of the LegendsLab and/or the services and/or breach, compromise or circumvent the security or authentication measures of the LegendsLab and/or the services;
frame or mirror the LegendsLab and/or the Services; or
intentionally use devices, software, or routines to interfere with the applications, functions, or usability of LegendsLab and/or the services, or to intentionally destroy other data, systems and communication, generate excessive load, intervene harmful, fraudulently intercept, or take over.
The User is responsible for ensuring that access to LegendsLab and use of the services is in accordance with applicable laws, including copyright or trademark laws, antitrust and competition laws, export control laws, data protection laws or other laws in the applicable legal system, and do not conflict with any agreement signed by the User with a third party.
In the event that the User includes links to pages with illegal content, ITK expressly distances itself from this linked content. In particular, ITK points out that ITK has no obligation to check the links posted in relation to the User. However, should ITK become aware of links to illegal content, it will remove these links immediately, provided that this is technically possible and reasonable.
Furthermore, the User undertakes to check and ensure that the content uploaded by User is not prohibited by law, nor infringes the good morals, nor the rights of third parties (in particular, but not exclusively, rights to a name, personality rights, copyrights, data protection rights, trademark rights and other property rights). In particular, the User undertakes not to upload any content to the platform that
contains pornographic, violence-glorifying, inciting or youth-endangering content,
incite to commit criminal acts or provide instructions for such acts,
has a relation to political activities, in particular party meetings, demonstrations, leaflet or signature actions and content depicting political symbols,
insult, defame, harass or otherwise harm other Users or other persons or constitute an aggressive or provocative appearance towards them,
is otherwise unlawful, obscene, vulgar, disruptive to another's privacy, defamatory, or objectionable, or contains untrue statements of fact or defamatory statements,
contains software viruses or similar computer codes, files or programs designed to interrupt, destroy or restrict the functionality of computer software or hardware or telecommunications equipment,
is manipulated for the purpose of concealing its origin,
contains trade and business secrets of natural or legal persons or other content that the User is not entitled to pass on - for example due to confidentiality agreements,
includes advertising for the purchase or sale of products or the use or provision of services,
which, due to its type or nature (e.g. viruses), size or reproduction (e.g. spamming), is likely to endanger the existence or operation of the services and the data network,
contains links or other connections to content that is prohibited by above criteria, and/or
requests violations of the above mentioned prohibited content.
Costs and remuneration
ITK offers the Services included within LegendsLab free of charge. Placements outside the online platform are also free of charge for Service Providers.
If a mediation has been initiated between service provider and a cCompany via LegendsLab, Service Provider and cCompany undertake to make potential Project assignments exclusively via ITK.
The User undertakes not to place any advertising for him/herself or third parties on the website that goes beyond the creation of the service provider profile or the project page.
The User undertakes not to download, store or disseminate any content, in particular profile data, which is necessary beyond the usual use and for purposes of Project initiation. In particular, mass storage of profile data is not permitted.
Rights of use, intellectual property, open source
All rights to the LegendsLab and to the Services are the exclusive property of ITK or its licensors and are protected by copyright or other intellectual property rights. It is not permitted to remove notices or endorsements in the Services relating to confidentiality, copyright, trademark, patent or other intellectual property rights.
ITK grants the User the simple, non-exclusive, non-sublicensable, temporary and non-transferable right to use LegendsLab and the Services for the duration of the contractual relationship.
If ITK provides new versions, updates, upgrades, modifications or extensions of the LegendsLab and the Services or makes other changes with regard to them during the term of the contract, the provisions of this section 11 shall apply.
The User is only entitled to download content and to print content if a download or print option is available on LegendsLab as a functionality (e.g. by means of a download or print button).
If the User violates the provisions of Section 11, ITK may, after prior written notification of the User, block the User's access to LegendsLab and the Services in accordance with Section 12 if the violation can be remedied thereby. If the User continues to violate or repeatedly violates the provisions of this Section 11 despite a corresponding written warning from ITK, ITK may terminate the contractual relationship without notice unless the User is not responsible for such violations.
The Free and Open Source Software (FOSS) components used in the LegendsLab and the Services, including the applicable FOSS license terms, are displayed on the LegendsLab insofar as the provision requires fulfillment of FOSS license obligations.
ITK may block User's Access to LegendsLab and/or the services if ITK determines that
the use of LegendsLab and/or the use of the services (i) poses a security risk to LegendsLab and/or the services and/or a third party; (ii) adversely affects LegendsLab and/or the services or the systems or content of other Users; (iii) violates applicable law or third party rights; (iv) could make ITK, its affiliates or third parties liable for damages; or (v) is fraudulent.
ITK will inform the User about the blocking by sending a notification to the e-mail address associated with the User's account prior to the blocking, unless ITK has to act immediately due to urgency and is therefore unable to send a prior notification to the User.
The blocking shall be lifted as soon as the User has eliminated the problem that led to the blocking.
Liability of ITK
ITK shall be liable to the User without limitation for damages resulting from intentional or grossly negligent breach of contractual obligations by ITK, as well as for injury to life, limb and health.
In the event of damage to material and pecuniary damages caused by negligence in other ways, ITK and its vicarious agents shall only be liable in the event of a breach of essential contractual obligations (those whose performance characterizes the contract and on which the User may rely, hereinafter referred to as "cardinal obligations"), but limited to the amount of foreseeable and contract-typical damages at the time of conclusion of the contract.
Without prejudice to the provision in section 13.1, ITK's total liability in the event of a negligent breach of a cardinal obligation proven by the User for all damages in the same contractual year is limited to 100% of the fees paid by the User under his User Account in the year of the event giving rise to the damage, but at least 50,000.00 Euro per contractual year. A contractual year as used above is the first twelve months from the date of Registration and each subsequent twelve-month period.
Statutory limitations of liability which deviate from the above liability provisions in the benefit of ITK shall remain unaffected.
Liability for damages in accordance with section 536a of the German Civil Code (Bürgerliches Gesetzbuch BGB) for defects that were already present at the time of conclusion of the contract is excluded.
In all other respects, ITK's liability is excluded.
The above limitations of liability also apply in the event of fault on the part of a vicarious agent of ITK as well as for the personal liability of ITK's employees, representatives and bodies.
ITK's liability under the Product Liability Act (Produkthaftungsetz) remains unaffected by the above limitation of ITK's liability.
ITK shall be free to raise the objection of contributory negligence on the part of the User.
Disruption of operations due to force majeure or other unforseeable events beyond ITK's control and
which could not be averted with reasonable effort;
which could not have been foreseen even with reasonable care; and
The User is obliged to indemnify ITK against claims of third parties in the event of
claims based on the infringement of third party rights due to the infringement of their rights, in particular, but not exclusively, of copyright, trademark, competition, personal or other property rights;
claims relating to the use of FOSS by the User;
any violation by the User of any applicable export and re-export control laws and sanctions regulations;
unless the User is not responsible for the infringement.
Instead of the procedure described in section 14.2, ITK may decide at its own discretion to take over the defense against these claims itself. In this case the User undertakes to support ITK to the best of his ability in defending himself against the claims asserted by the third party. This shall includes in particular, but is not limited to, providing ITK with copies of all documents relating to the allegedly infringing content upon written request. The User undertakes to reimburse all necessary expenses incurred by ITK as a result of third parties taking justified action against ITK due to the violation of their rights by the content posted by the User. This includes in particular, but not be limited to, the necessary costs of aa appropriate legal defense. The User is not obliged to refund ITK if he is not at fault with regard to the violation of the rights of third parties.
Term and termination
Upon effective termination
the LegendsLab and the services shall no longer be accessible to the User;
the User remains responsible for paying all fees and expenses incurred up to the date of termination, including the costs that incurred for the tasks still to be completed by ITK after termination, for which the User is responsible; and
The parties shall keep all confidential information which has come to their knowledge in the context of this contractual relationship confidential and shall only share such information to third parties - for whatever purpose - with the prior written consent of the respective other party. Information to be treated as confidential shall include information expressly designated as confidential by the party providing the information and such information whose confidentiality results from the circumstances of the transfer.
In particular, the User undertakes to treat all information made available to him via the website, in particular regarding the Projects of the cCompanies, as strictly confidential.
If confidential information is requested by an authority from one party, the other party must be informed without immediately of the transmission of the information to be treated as confidential to the authority.
The obligations under sections 17.1 and 2 shall not apply to such information or parts thereof for which the receiving party demonstrates that
they were known or generally accessible to User before the date of receipt or become known by a third party lawfully and without an obligation of confidentiality after the date of receipt;
they were known or generally accesable to the public before the date of receipt; or
they became known or generally accesable to the public after the date of receipt without the responsibility of the party receiving the information; or
the notifying party has waived confidentiality by a written declaration to the receiving party.
Each party may disclose confidential information to its employees as well as to its affiliates if
the recipient of confidential information is bound to secrecy in accordance with this section 17.
Each of the parties undertakes to oblige employees and Affiliated Companies and third parties within the meaning of section 17.5, who are entitled to receive information to be treated confidentially, to maintain confidentiality in turn in accordance with the provisions pursuant to this section 17, to the extent as they are not already otherwise obliged to maintain confidentiality on the basis of legal transactions or statutory provisions to a degree that is at least equivalent to the level of protection resulting from this section 17.
The obligations under this section 17 shall continue to exist for an indefinite period of time after the end of the contract, and as long as no exception under section 17.4 is proven.
ITK reserves the right to rename LegendsLab, to change LegendsLab and Services provided free of charge, to make them available free of charge or against payment, and to discontinue the provision of Services provided free of charge. ITK shall take into account the legitimate interests of the User. ITK shall inform the User by e-mail at least six weeks before the planned effective date, before free Services become chargeable. If the User does not terminate the contract after notification of the price change, the price change shall become binding for the parties. In the notification of the change, the User will be informed separately of the consequences of the change and his right of termination.
Legally relevant declarations and notifications to be made by the User to ITK after conclusion of the contract (e.g. setting deadlines, notifications of defects) must be made in text form (letter, e-mail) to be effective.