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Terms of Use

Preamble

As a general contractor, White Label Advisory offers consulting services for companies ("Clients") and operates its own online platform www.wla.one ("Platform") to broker and invoice these consulting needs. Brokered consulting services are provided operationally by the respective consulting companies as sub-service providers ("advisors") of White Label Advisory.

For this purpose, clients report open consulting requirements to White Label Advisory. The advisor can view these consulting requirements on the platform and independently submit an offer at predefined daily rates ("rate card"). The client is free to decide whether and with which sub-service provider to work. Billing of the advisory services provided to the client is carried out by White Label Advisory. The advisor invoices White Label Advisory for its expenses.

Advisors can use the "Advisor Marketplace" to report support requirements to White Label Advisory in order to compensate for staff shortages for their own projects or to obtain specialist expertise from White Label Advisory's consulting portfolio. With the fee-based platform extension to "WLA.ONE | PRO", advisors also have the opportunity to offer their own resources to the White Label Advisory community, book individual benchmark and award insight appointments, use an AI-based assistant ("WLA.GPT") and participate in individual marketing formats. 

1. Scope of Application & Subject of the Contract

1.1 These Terms of Use govern the relationship between White Label Advisory GmbH, Shanghaiallee 9, 20457 Hamburg, ("White Label Advisory") as the operator of the website www.whitelabeladvisory.de and the registered users ("Users") of the WLA.ONE platform.

1.2 With the website www.whitelabeladvisory.de and wla.one, White Label Advisory provides an information and communication platform that gives users in their respective role as client or advisor the opportunity to acquire service providers and projects. In addition, the White Label Advisory platform also enables the exchange of electronic messages between user groups and between users and White Label Advisory.

1.3 The White Label Advisory service is aimed exclusively at employees of companies that purchase or provide consulting services.

1.4 The identity of new users is verified following registration and prior to activation by one or more personal discussions between the user and White Label Advisory.

1.5 The prerequisite for submitting an offer via the platform is a valid sub-service provider agreement between White Label Advisory and the company of the respective Advisor User. White Label Advisory reserves the right not to submit an offer to sign a sub-service provider agreement to all interested users who register on the White Label Advisory platform in the role of an advisor.

1.6 White Label Advisory assumes no liability for the accuracy, completeness or legality of tender or offer content published by Users as Clients or Advisors via the Platform. White Label Advisory also assumes no liability for the selection and quality of the consulting offers.

1.7 The use of the platform is generally free of charge for all users. Commercial regulations for the billing of brokered consulting services or the use of fee-based platform upgrades are agreed bilaterally between White Label Advisory and the company of the respective user.

1.8 White Label Advisory reserves the right to expand, change, reduce or partially discontinue the range of services offered on the platform for the purpose of ongoing further development, provided that the interests of the users are not unreasonably impaired and no rights or obligations arising from the respective contracts or assignments concluded are violated.

1.9 White Label Advisory guarantees the user the best possible availability of content and services within the scope of technical possibilities. White Label Advisory is entitled to temporarily interrupt access to the platform for necessary maintenance, security or updating work. No responsibility can be accepted for disruptions to availability that are beyond the control of White Label Advisory.

1.10 The user has no right of ownership or possession of the respective user account. White Label Advisory is not obliged to carry out backups or to archive user content. It is the sole responsibility of the user to make and store appropriate backup copies of their content. After termination of the user contract, White Label Advisory is entitled to delete the entire user account together with all of the user's publications. This also applies if the user has been inactive for a longer period of time - at least 12 months.

1.11 White Label Advisory can inform users about its own new offers, offers from partner companies and relevant tender and offer activities on the platform. For this purpose, White Label Advisory may contact the user by telephone, e-mail or internal platform notifications, taking into account the current data protection regulations. The current privacy policy is available at www.whitelabeladvisory.de/de/datenschutz.

2. Registration & Activation

2.1 The use of the services offered by White Label Advisory requires electronic registration and login as a user. There is no entitlement to participate as a user. White Label Advisory is entitled to reject registrations without giving reasons.

2.2 The user is only permitted to register and log in if he or she is of legal age and has unlimited legal capacity. In the case of a legal entity, registration and login must be carried out by a natural person with unlimited legal capacity who also has the right to publish consulting requirements or submit offers on behalf of the respective company.

2.3 With the consent of the person signing the contract, several users from the same company can use the services of White Label Advisory for each client or advisor. Identification takes place via the respective e-mail domain of the user.

2.4 By submitting the registration, the user submits an offer to conclude the user agreement with White Label Advisory and also expresses interest in a collaboration. After submitting the registration request, the user will receive an appointment booking link to book a personal (virtual) meeting with White Label Advisory in accordance with point 1.4. After positive identification (and, in the case of an Advisor, the signing of a sub-service provider agreement), the respective user account is activated. Only then does White Label Advisory accept the registration, the user receives a confirmation e-mail to activate the account and the contract of use is concluded.

2.5 Upon successful registration and activation, a user account is created for the user, which can be accessed using the e-mail address and password provided. The password can be changed by the user at any time via the password-protected user area. It must be kept secret by the user and protected from access by unauthorized third parties. If the user discovers or suspects that access data is being used by a third party without authorization, White Label Advisory must be informed immediately and the password must be changed without delay.

2.6 Each user may only register once for the respective commercial use of the services of White Label Advisory. User accounts are not transferable. In the event of infringements, White Label Advisory may block or delete individual or all user accounts of the user. In such a case, White Label Advisory also reserves the right to terminate individual or all accounts of the user concerned without notice. If the user's professional role has changed, e.g. due to a change of job or employer, and thus also the basis of the respective activation, White Label Advisory must be informed of this immediately. 

2.7 It is the user's responsibility to inform himself about the existing contractual content between White Label Advisory and his company. This applies in particular to the tendering and bidding process, the associated rights and obligations and daily rates.

3. Obligations of the User

3.1 The user is obliged to:

3.1.1 to provide only true and non-misleading information on the White Label Advisory platform and in communication with other users and not to use pseudonyms. In particular, the information in advertised requirements or submitted offers must be real and true. In case of doubt and at the request of White Label Advisory, the user must provide proof that the information provided is correct.

3.1.2 to only provide information in data fields for which the respective data field is intended according to its description and to comply with existing contractual regulations and agreements between White Label Advisory and the respective client or advisor.

3.1.3 to keep its information on the White Label Advisory platform up to date and complete. This applies in particular to profile and CV information of consultants to be offered. In the event of non-compliance, White Label Advisory may take appropriate measures, including in particular the deletion of obviously outdated or no longer existing content and information (profiles, projects).

3.1.4 to only publish content on the White Label Advisory platform that is relevant to the subject area of management consulting with high-quality consulting services. White Label Advisory reserves the right not to publish, block or delete content that does not fit the subject area of management consulting. The user may only send internal messages to other users that relate to the brokerage, invoicing and provision of consulting services. Non-substantive publications and internal messages (e.g. advertising) are not permitted, in particular internal messages that are not personalized (e.g. mass or chain mails) or do not clearly relate to the recipient's profile. This also applies to any form of publication of illegal content as well as content that is insulting, defamatory, pornographic, harmful to minors, tasteless, offensive, obscene, immoral, threatening, hurtful, racist, discriminatory or otherwise in breach of the law.

3.1.5 to use their account exclusively themselves or through an authorized representative and not to offer or provide platform access to third parties without the consent of White Label Advisory. It is also the responsibility of the user to ensure that platform access is exclusively by him or by the person authorized by him. If it is to be feared that unauthorized third parties have gained or will gain knowledge of the user's access data, White Label Advisory must be informed immediately. The user is liable in accordance with the statutory provisions for any use that is carried out using his access data.

3.1.6 to keep his access data (user name, password) secret and not to pass it on to third parties.

3.1.7 to treat all information and data that the user receives from other users in the context of using the White Label Advisory platform as confidential and not to pass it on or make it accessible to third parties and, moreover, to observe all contractual provisions on confidentiality and data protection.

3.1.8 to refrain from any action that could damage or impair the functionality of the technical infrastructure or stored data of the White Label Advisory Platform.

3.2 The user grants White Label Advisory a worldwide, non-exclusive and free-of-charge right to publish and process the content on and via the protected White Label Advisory platform by posting or uploading content as part of a request or submission of an offer. The right of use includes all uses for the presentation of the content on and via the White Label Advisory platform. This includes in particular the right to distribute the content to the technically required extent within the registered user group for the purpose of presentations and the provision of tender and offer content. The right of use ends immediately after termination of the user relationship. The user accepts that the content may still be technically accessible for a longer period of time.

3.3 It is not permitted to commercially process the data obtained via White Label Advisory, to trade with this data or to forward it to recruitment or project agencies without consulting White Label Advisory. In the event of a breach of these provisions, a contractual penalty to be determined by White Label Advisory at its reasonable discretion will be triggered. This can amount to up to 50,000 euros per violation. Any further claims by White Label Advisory remain unaffected.

3.4 The integration of the White Label Advisory platform in whole or in part into third-party websites, platforms or Internet offers is not permitted without the express consent of White Label Advisory. This also applies to links or integration by means of framing. 

4. Deletion & Blocking

4.1 White Label Advisory reserves the right to delete content published by users or not to publish certain content if it is unlawful, offends common decency or the rights of third parties, in particular if it is incorrect, if it contradicts these terms of use or if publication is unreasonable for other reasons. In addition, White Label Advisory reserves the right to make editorial corrections to content published by users (e.g. "typos" or "transposed figures").

4.2 If the user violates obligations that apply to him/her in accordance with the provisions of these Terms of Use, White Label Advisory is entitled to temporarily block the user account. If a user has been temporarily or permanently excluded from using the platform or the existing contract with the user has been terminated, it is prohibited to use the services offered by White Label Advisory with other accounts, including those created for third parties, or to register again for registration on White Label Advisory.

4.3 In the event of an infringement of third-party rights by the User's publications on the Platform, the User shall indemnify White Label Advisory against all third-party claims. The indemnification also includes the necessary legal costs, including all court and legal fees at the statutory rates. In the event of a claim by a third party, the user is also obliged to provide White Label Advisory immediately, truthfully and in full with all information and details required for the examination of the claims and any necessary defense against the claims.

4.4 White Label Advisory reserves the right to temporarily block data until a binding clarification has been reached if the accuracy of the data is in doubt or if third parties (in particular other users) have asserted their own rights or even an infringement of rights in this context in a comprehensible manner. 

5. Costs & Upgrade

5.1 The use of the White Label Advisory platform is free of charge for the respective user. Costs for any platform upgrades shall be borne by the user's company.

5.2 The Advisor has the option of upgrading to "WLA.ONE | PRO" to take advantage of additional White Label Advisory functions and services. These include, in particular, the option to publish their own offers on the "Advisor Marketplace", the implementation of joint sales and marketing formats, the booking of individual benchmark and award insights calls, and the use of an AI-based digital assistant ("WLA.GPT").

5.3 The joint sales and marketing measures primarily include the identification, approach and acquisition of leads for the respective Advisor. The Advisor is obliged to provide White Label Advisory with a marketing tool (e.g. white paper, webinar, etc.) relevant to the target group. There are no additional costs for the development of automated campaigns and the creation of landing pages. In addition, White Label Advisory offers advice on setting up and using digital sales channels on LinkedIn. The number of leads to be identified and addressed per year per advisor is limited to 500, whereby the actual number of the relevant target group may be lower depending on the specification. White Label Advisory does not guarantee the success of the sales efforts.

5.4 As part of the implementation of joint sales and marketing activities, participation as a guest in the Besser Beraten video podcast, which is broadcast weekly, is included. Participation is limited to one recording per year. This recording is conducted remotely using the cloud-based podcast software riverside.fm, provided by White Label Advisory. The advisor is responsible for the procurement and organization of the equipment required for the recording (microphone, webcam) as well as for the quality of the recording. White Label Advisory is responsible for determining the time of publication. The Advisor agrees that the image and sound recordings made in the course of the podcast production may be published on Spotify, Apple, YouTube and other established video and podcast platforms.

5.5 The costs for "WLA.ONE | PRO" amount to EUR 2,750.00 plus VAT per year. The upgrade starts with the signing of a separate agreement and, subject to a deviating individual contractual agreement, is considered a standing order, which as such is always extended by 12 months in each case, unless terminated with three months' notice to the end of the minimum contract term or a 12-month extension period.

5.6 In order to be able to use the integrated functions of "WLA.GPT", a plug-in function based on OpenAI, the Advisor and all users registered via the Advisor also agree to the following terms and conditions by accepting these Terms of Use:

5.6.1 Transmission of information: The Advisor agrees that our platform may transmit information to the OpenAI API. This transmission is necessary for the use of the "WLA.GPT" functions within our platform.

5.6.2 Responsibility for transmitted information: The Advisor acknowledges and agrees that it is responsible for what information is transmitted to "WLA.GPT". The Advisor undertakes not to transmit any sensitive, confidential or personal data unless this is permitted by law and express consent has been given.

5.6.3 Privacy and Data Security: The Advisor understands that the use of "WLA.GPT" is subject to OpenAI's Privacy Policy. The Advisor is responsible for complying with the data protection regulations in its country or region, including obtaining any necessary consents and authorizations. White Label Advisory has no control over how and where the data is processed by OpenAI. As a user, the Advisor and its users act at their own risk. White Label Advisory therefore expressly recommends that no personal information be transmitted or entered when using "WLA.GPT" and prohibits the disclosure of confidential information to OpenAI.

5.6.4 By upgrading to "WLA.ONE | PRO", accepting these Terms of Use and using "WLA.GPT" on our platform, the Advisor and each individual user with access to these functions confirms that they have read and understood the special notes on the use of OpenAI and agrees to them. Further information on the OpenAI API can be found in the OpenAI Privacy Policy: openai.com/policies/api-data-usage-policies

5.7 Daily rates for the services to be provided are agreed as part of the sub-service provider agreements with the affiliated consultancies and form part of the contract as "rate cards". Subject to project-specific regulations, the daily rates listed therein represent the billing basis and thus the costs for the commissioning clients.

5.8 All further regulations on the invoicing of services are described in the respective framework agreements or specific project call-offs.

6 Liability & Data Protection

6.1 White Label Advisory is not liable for the accuracy, completeness or legality of information published by users. White Label Advisory also does not guarantee the constant, uninterrupted technical availability of the platform. This may, for example, be completely or partially unavailable due to technical faults, force majeure or maintenance work.

6.2 In addition, the respective liability-specific regulations in the contracts between White Label Advisory and the User's company apply.

6.3 White Label Advisory collects, processes and uses user data in accordance with the applicable data protection laws and also processes personal data. Contract data processing agreements are in place with all sub-service providers of White Label Advisory. Details on data protection and the handling of personal data can be found in White Label Advisory's current privacy policy at www.whitelabeladvisory.de/de/datenschutz.de

7. Termination of the use of the Platform

7.1 Regulations on the termination of the contractual relationship between White Label Advisory and the user's company can be found in the respective contract.

7.2 The right to extraordinary termination of a user's use of the platform for good cause remains unaffected. Good cause shall be deemed to exist in particular if the user violates statutory provisions, breaches material obligations under this contract or significantly jeopardizes the good reputation of White Label Advisory.

7.3 Individual users can instruct the deletion or modification of their user account at any time and without stating reasons by sending an email to support@whitelabeladvisory.de, irrespective of their company's current contractual relationship. If the user to be deleted is the last or only active user of the respective client or advisor or if the requested changes are in conflict with existing contractual relationships, White Label Advisory reserves the right to refuse the deletion or change.

7.4 After termination of the contract, White Label Advisory is entitled to delete all content published by the user on the White Label Advisory platform. 

8. Final Provisions

8.1 No ancillary agreements have been made. Amendments or additions to this contract must be made in writing and approved by both parties in order to be effective. This also applies to the waiver of the written form requirement.

8.2 Should any provision of these Terms of Use be void, voidable or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Rather, the voidable provision shall be deemed to be replaced by a provision that comes closest to the economic intent and/or the ideal purpose in a legally permissible manner. The same shall apply if a gap requiring supplementation should arise during the implementation of the Terms of Use.

8.3 The User may not assign rights and obligations arising from these Terms of Use, either as a whole or individually.

8.4 The contractual relationship is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from these terms and conditions of use is - insofar as legally permissible - Hamburg. The law of the Federal Republic of Germany shall apply exclusively. 

As of: Januar 2024