— GTC —

The following general terms and conditions (GTC) apply to all products and services provided by x28 AG and to the use of all websites operated by x28 AG. By using our services as well as our websites, you accept the following terms and conditions unmodified and in full:

1. Scope of Application

1.1 Subject Matter of the Agreement

The subject matter of these GTC is the legal relationship between x28 AG and persons such as jobseekers, job advertisers and recruitment agencies using its platforms, websites and partner platforms (henceforth “user”) with regard to all products and services (henceforth “services”) offered by x28 AG. These GTC apply to every use of the services offered by x28 AG (particularly the publishing of job advertisements, retrieval of job advertisements as well as applications for job advertisements).

1.2 Conclusion of Contract

Consent to these GTC is given by signing a written cooperation agreement or a written offer, by explicit or conclusive acceptance of order confirmation, by payment of an invoice or use of the services offered by x28 AG. When using the websites of by x28 AG, the customer may be asked to give their consent to these GTC by activating a corresponding input field.

1.3 Integral Parts of the Contract

Integral parts of the contract are (if they exist in particular in a given case) (a) the written cooperation agreement between x28 AG and the user, (b) the user-specific written offer, (c) the written order confirmation, (d) these GTC and (e) the product description valid and published on the websites of x28 AG applicable at the time of the use of a product or a service. In the event of any ambiguity between the individual contract documents, the above ranking will take effect. The Privacy Policy published on all websites operated by x28 AG applies to all concerns regarding the privacy of data.

2. Range of Services

The user chooses services provided by x28 AG from the range of services available at the time of use. The current range of services is outlined on the websites of x28 AG.

2.1 Registration and activation of profiles

Jobseekers have the option of registering their profile via the services of x28 AG. If x28 AG determines or has strong suspicion that access to a service of x28 AG is being misused, x28 AG reserves the right to block access to the services without warning or justification. Furthermore, x28 AG reserves the right to block or exclude the user of the account in question from further x28 AG services.

Jobseekers who redeem a voucher code from a customer to use a service agree when registering with this code that the customer may view their job search activities. The customer can view the following data: last name, first name, email address, number of logins, date of last login, and saved job emails. The customer uses this data to discuss and optimize the jobseeker’s search activities.

3. Use of Range of Services

Jobseekers have the option of registering on the platforms offered by x28 AG and storing data. By entering their data, jobseekers agree that their respective profiles will be made available on the platforms of x28 AG and on the partner platforms for job providers and recruiters.

The non-appearance or incorrect appearance of a job advertisement or profile, or its placement in a location other than the agreed location, does not entitle the jobseeker to assert any claims against x28 AG.

4. Contract Term and Retention of Data

An early termination of a contract concluded for a fixed term or for a minimum term is excluded. In particular, even in the event of premature deletion of job advertisements, advertising material, profiles or data, the full remuneration is due, and the user has no claim to reimbursement of any remuneration already paid. The same applies, in the case of deletions or blocks which have been initiated by x28 AG based on these GTC or other contractual components.

After termination of a contract, x28 AG is not obligated to retain any data or documents submitted to it, or to return these to the user, unless a retention or return has expressly been agreed upon.

5. Payment Terms

The payment obligation of the user starts upon conclusion of the contract. Invoices from x28 AG are to be paid without deductions within 30 days of receipt of the invoice, unless other payment terms have explicitly been agreed. In case of default of payment, default interest at the rate of 5% is owed. Following the second reminder, an additional fee is invoiced to defray the costs of the default. If the user is in arrears with the payment of invoices, x28 AG is also entitled to suspend its services without prior notification and to block the user or their access to further services of x28 AG. Where staggered payment has been agreed, and the user is in arrears with payment of an installment, maturity of all remaining outstanding installments is rendered.

6. Offers of Third Parties

x28 AG also represents third-party offers and/or provides links to third-party offers or websites through its platforms. x28 AG cannot be held responsible for these third-party offers or the content of third-party websites and expressly excludes any liability in connection with third-party offers and content. x28 AG therefore requests the user to consult the the General Terms and Conditions of Business and Use and Privacy Policy of the respective providers prior to making use of such an offer.

7. Liability

7.1 Liability of x28 AG

x28 AG provides its services with due care and professional competence. x28 AG cannot guarantee the uninterrupted or flawless availability of its services. x28 AG is in particular not liable for any interruptions of operation and/or technical disruptions and their effects. The job advertisements, advertising materials and profiles accessible on the platforms of x28 AG originate from the respective users. Therefore, x28 AG assumes no responsibility for the accuracy or completeness of this data. The failure of a job advertisement or profile to appear, or its incorrect appearance, shall not give rise to any claims against x28 AG.

x28 AG strives to prevent any unauthorized use by third parties of the data published on its platforms. All liability of x28 AG is explicitly excluded in the case of unauthorized use by third parties. x28 AG assumes no responsibility for the success of job advertisements, advertising materials or the making accessible of profiles.

In all cases, the liability of x28 AG is limited to willful misconduct or gross negligence. x28 AG shall not be liable for damages resulting from slight negligence, regardless of the legal basis. Liability for indirect or consequential damages, loss of profit, damages resulting from contractual, unlawful, or improper use of the x28 AG services by the customer or third parties, or damages caused by force majeure, is excluded.

7.2 Liability of Users

The user stands for the lawfulness, accuracy, and completeness of the information they distributed on the platforms and partner platforms of x28 AG. The user is responsible for the careful and confidential safekeeping of their user information (in particular username and passwords) and for all activities carried out through their account. The user is liable towards x28 AG irrespective of any fault, for all damages and costs caused by breaches of these GTC or other integral parts of the contract. The user respectively indemnifies x28 AG against all claims by third parties arising out of the information provided by the user respectively. The damages to be compensated also include reasonable legal fees. x28 AG will immediately inform the user about any claims made by third parties.

In cases of improper use, x28 AG reserves the right to terminate the contract with immediate effect, without refund of any fees, and to deny the user further access to the contracted services.

7.3 Liability of x28 AG for Third-Party Services

In connection with the use of x28 AG’s services, customers may engage third-party services. In such cases, the customer shall contract directly with the third-party provider. x28 AG assumes no responsibility for the provision or performance of such third-party services.

8. Miscellaneous Provisions

8.1 Place of Performance

Place of performance for all services offered by x28 AG is the business premises of x28 AG.

8.2 Amendments to Contract Terms

x28 AG reserves the right to amend these GTC at any time. Between the user and x28 AG, the version of these GTC which is currently published on the websites of x28 AG is applicable. x28 AG will inform the user in time on its websites or by any other suitable means over any amendments to these GTC.

8.3 Changes to Range of Services

x28 AG reserves the right to change the range of services offered at any time without warning or justification, or to discontinue its range of services in whole or in part. Such a change or discontinuation of the range of services does not entitle users to assert any claims against x28 AG. However, in the event of a significant change or discontinuation of the range of services, x28 AG shall endeavor to provide the user with an equivalent offer.

8.4 Data Protection

x28 AG undertakes to process users’ personal data, in particular registration data, with due care and in compliance with the Swiss Data Protection Act. Data is processed in accordance with x28 AG’s Privacy Policy, which forms an integral part of these Terms and Conditions and the contract between x28 AG and the user.

8.5 Intellectual Property Rights

The software developed by x28 AG and all content within x28 AG’s services and platforms are protected by copyright and are the property of x28 AG or third parties. They may not be copied, modified, distributed, or otherwise altered without the prior consent of x28 AG or the relevant third party. This applies equally to word marks, images, and/or audio trademarks and logos displayed in x28 AG’s services or platforms.

For the duration of the contract, x28 AG grants the user a non-transferable, non-exclusive right to use the intellectual property rights provided as part of the x28 AG services. All rights to existing or newly created intellectual property during the performance of the contract shall remain with, or be created in favor of, x28 AG or the rightful third party. In the event that x28 AG is held liable by third parties due to an infringement of intellectual property rights for which the user is responsible, the user expressly agrees to fully indemnify and hold x28 AG harmless.

8.6 Assignment

Any transfer of the user’s rights or obligations under this contract requires the prior written consent of x28 AG.

8.7 Exclusion of Set-off

By entering into this contract, the user waives any right of set-off with respect to claims they may have or believe they may have against x28 AG.

8.8 Severability

Should any provision of these Terms and Conditions be or become invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the economic purpose of the invalid provision. The same shall apply if a contractual gap is identified or a provision proves impracticable.

8.9 Applicable Law and Place of Jurisdiction

These GTC and the other contract components as well as any disputes which may arise from or in connection with the contract relationship between x28 AG and the user are subject to Swiss Law. The ordinary courts at the place of registered office of x28 AG have exclusive jurisdiction, whereby x28 AG also has the right to bring an action against the user at the latter’s principal place of business.

9. Language Versions

In case of contradictions or inaccuracies between different versions of the present GTC, the German version shall prevail.

Thalwil, September 2025