Terms of Use

of

Traitwise GmbH
Mühlenstr. 8a
14167 Berlin, Germany

Welcome to Traitwise. We conduct psychometric assessments for our clients (companies and organizations that commission us). As a user, you can complete the tests provided by us, and we will make your results available to our clients. These results may then be used later in your assessment and recruitment process with our clients.

I. General Provisions

1. General Information and Scope

These Terms of Use apply to the services provided by Traitwise GmbH (hereinafter referred to as "we" or "Traitwise GmbH") to the user (hereinafter referred to as "user" or "you") within the scope of using our Traitwise platform.
These Terms of Use and all services provided through the Traitwise platform apply exclusively to you as a consumer. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity (§ 13 BGB).
Your general terms and conditions, if you have any, do not apply, whether or not they are expressly referenced or we do not explicitly object. Your general terms and conditions will only become part of this agreement if we explicitly agree to them. Individual agreements between us in offers, order confirmations, acceptance declarations, etc., shall take precedence over the provisions of these Terms of Use.

2. Subject of the Contract

We provide the Traitwise platform (hereinafter referred to as the "Platform") as a platform for conducting psychometric assessments. Clients commission us to carry out the relevant tests. The content of these tests relates to various aspects that are relevant for the position to be filled in the context of psychometric assessments. We make these tests available to you as a user for completion as part of your application process with our clients. The results of these tests are provided to our clients.
As an additional service, we provide you, as a user, with the opportunity to publish your candidate profile, consisting of your test results and contact details (for contact by our clients), in a candidate pool provided by us. In doing so, you have the opportunity to benefit from our support in matching you with relevant job offers from our clients that suit your profile.
All services provided to you through our platform and its technical capabilities are hereinafter referred to as "Services."
The technical functions provided to you as a user through our platform are developed by us and made available for you to access or use.
The subject of these Terms of Use is the free provision of the platform and your ability to use the platform via a free profile for conducting psychometric assessments.
For all contracts and legal relationships between you and our clients, particularly employment contracts, our clients are solely responsible. We will not be a party to such contracts or agreements.

3. Use of Our Services & Registration

To use our services, your free registration as a user is required. Only natural persons who are fully legally competent may register as users.
To register, the registration form provided on our platform must be completed in full and truthfully, including the submission of a username, and sent to us. Your username must not infringe upon the rights of third parties or violate public order or morals. We are entitled to request written evidence to verify the provided information.
By submitting the registration form, you make a binding offer to us to conclude a user agreement for the platform. The user agreement is concluded upon confirmation of the registration and activation of your user account by us. Each user may only register once.
The following minimum technical requirements are necessary to use our services:
- Internet connection
- Current internet browser

4. Contract Duration & Termination

The duration of the user agreement between us is based on the duration of the service you have subscribed to. The free user agreement in the basic version is generally valid for an indefinite period.
The free user agreement in the basic version can be terminated at any time without notice. You can send the termination in writing (via email) to contact@trait-wise.com or, if available, click the "Cancel Now" button in your user account. Additionally, the termination can be made by deleting your user account.
The right to extraordinary termination for good cause (§ 314 BGB) remains unaffected. A good cause exists for us in particular if (i) you materially breach these Terms of Use, (ii) you are in default of payment for paid services despite a reminder and a grace period of at least two calendar weeks, or (iii) if we decide to discontinue the platform and cease its operation.

5. Your Right to Use Our Services

You are granted a simple, non-exclusive, time-limited right to use our services for the duration of the respective agreement, with no geographical limitations.
You are not authorized to issue, publicly display, particularly to publicly make accessible, modify, alter, translate, decompile, or otherwise transform our services. Your rights under §§ 69d (3), 69e of the German Copyright Act (UrhG) remain unaffected.
You are independently responsible for ensuring that, in the process of creating and sharing posts, uploading files and images, and disseminating information while using our services (hereinafter collectively referred to as "Your Content"), you do not infringe upon the rights of third parties, particularly third-party copyrights, and that you grant us the rights of use for your content that we require to provide our services. Unless we request further rights for specific use cases, you grant us a simple, unlimited, and unrestricted right to use the content provided for the performance of our services, which is valid in all territories and for all types of use.
The content of our services (particularly on our platform) is exclusively owned by us or is under our exclusive rights ownership, or it is owned by and under the rights ownership of our service providers. All content is protected by national and international law, particularly copyright law. Unauthorized distribution, reproduction, exploitation, or any other infringement of our intellectual property rights and copyrights will be pursued under civil and/or criminal law.

6. Availability

For technical reasons, we cannot guarantee the permanent and complete availability of the servers on which our services are hosted. From time to time, the availability of our platform or individual services may be limited, particularly due to necessary maintenance or repair work, or for other technical reasons.
We would like to inform you that there may be limitations or impairments in using the platform that are outside our control. This includes, in particular, actions by third parties who are not acting on our behalf, technical failures beyond our control, as well as force majeure events.
We reserve the right to restrict access to the platform, in whole or in part, temporarily or permanently, due to maintenance work, capacity issues, and other events that are beyond our control.

7. Liability

Our liability under the contract concluded between us, regardless of the legal basis, for your damages is limited to those typically foreseeable at the time of contract conclusion and, in terms of scope, to essential contractual obligations, insofar as the damage was not caused by us or by a legal representative or an agent acting on our behalf either intentionally or through gross negligence. An essential contractual obligation is one whose fulfillment is necessary for the proper performance of the contract and on whose compliance you may regularly rely.
The above limitation of liability does not apply, and we shall be fully liable in cases of injury to life, body, or health, or in cases of willful, grossly negligent, or fraudulent conduct. The same applies if we have explicitly assumed a warranty for the quality or durability of a service to be provided by us.
Our liability under the Product Liability Act remains unaffected.
Should we be held liable by customers or third parties due to actions you have taken on our platform resulting in legal violations, and without any responsibility or fault on our part, you are, subject to applicable statutory liability and responsibility regulations, obliged to indemnify us from any claims related to this. This includes reimbursing us for the costs of reasonable legal defense and other costs incurred as a result of the claims.

8. Principles for the Provision of Our Services

We provide you with our platform and its functions solely as a technical foundation for the purposes to be represented by you within the scope of the services acquired. Subject to the applicability of statutory liability obligations and the provisions of these Terms of Use, we assume no responsibility for actions carried out using our platform or for the content processed on our platform. All actions you perform using our platform and all content processed are subject to the agreements and contracts you enter into with our clients or third parties with whom you use our platform, or to the law.
Your aforementioned obligation to comply with the laws applicable to you and your purposes applies particularly when you use our services for processes and actions carried out in the context of your work for a third-party organization, such as a company, authority, association, or public entity. In such cases, we explicitly point out that you are solely responsible for using our platform in accordance with the approval of your supervisor or the management of your organization and in compliance with the laws applicable to you and the processes to be performed with our platform.
Subject to statutory obligations, we cannot take responsibility for how our clients use the results obtained with our platform and its functions in the context of a selection process. Therefore, we have no influence over the outcome of a recruitment process.
The rental law provisions generally apply to the use of our services. Maintenance activities such as troubleshooting, updates, or further developments are part of our service. Additional support will be offered upon agreement. Beyond maintenance activities, the statutory warranty rights for rental defects apply.
Adjustments, changes, and additions to our services, as well as measures for the identification and resolution of malfunctions, will only result in a temporary interruption or impairment of accessibility if this is technically necessary.
You may not lease our services to third parties for commercial use.
Through links or functionalities in our services, you may be redirected to third-party websites and software that are not operated by us and for which we are not responsible. Such links or functionalities are either clearly marked or can be identified by a change in the browser's address bar or a modification of the user interface.
We reserve the right to modify, adjust, and expand our services and the related documents and attachments, taking your interests into account, provided that we do not violate our main contractual obligations to you.
We protect our systems against malware infections. However, a malware infection can never be completely ruled out. Additionally, it may occur that unauthorized third parties send messages using our name without our consent, which may contain malware or so-called spyware or link to web content containing malware or spyware. We have no control over this. Therefore, you should check all incoming messages sent in our name. This also applies to any messages from other users.
We are not responsible for any damage or data loss that may occur from the installation of software not provided by us on your devices.
You agree not to use the device, platform store account, or platform account, including another user's login name or password, without authorization under any circumstances. If a third party uses your account after gaining access to the login credentials because you have not adequately secured them against unauthorized access, you must treat this as if you had acted yourself.
In the event of a justified suspicion that login credentials have been made known to unauthorized third parties, we are entitled, but not obligated, to change the login credentials or suspend the use of the account at our discretion without prior notice for security reasons. We will promptly inform the authorized user and, upon request, provide them with the new login credentials within a reasonable period. You have no right to have the original login credentials reinstated.
You must immediately inform us as soon as you become aware that unauthorized third parties have gained access to the login credentials of your platform store account or are using your device. We advise that login credentials should be regularly changed for security reasons.
You are prohibited from the following while using our services:
- Infringing upon third-party intellectual property rights such as trademarks, copyrights, and name rights
- Harassing other users or third parties,
- Using measures, mechanisms, or software in connection with the platform that may disrupt the function and operation of the platform,
- Taking actions that could result in an unreasonable or excessive burden on the technical capacities of the platform,
- Blocking, overwriting, or modifying content,
- Adding elements to the platform or changing, deleting, or modifying elements of the platform in any other form,
- Copying, extracting, or otherwise using graphic elements, or attempting to decompile the platform's source code (subject to § 69e of the German Copyright Act - UrhG),
- Using tools that interfere with the operation of the platform (especially so-called "bots", "hacks", etc.),
- Gaining premium features or other advantages, such as the systematic or automatic control of the platform or individual platform features, through the use of third-party software or other applications, or exploiting bugs for personal benefit ("exploits"),
- Distributing commercial advertisements for third-party products or programs in connection with our services,
- Using malicious or virus-infected documents, files, third-party IT systems, and data in connection with our services,
- Implementing mechanisms, software, and scripts beyond the provided functionalities and interfaces, particularly when this results in blocking, modifying, copying, or overwriting our services,
- Impairing our services through data manipulation (§ 303a German Criminal Code - StGB), computer sabotage (§ 303b StGB), forgery of evidence (§ 269, 270 StGB), suppression of evidence (§ 274 StGB), computer fraud (§ 263a StGB), data espionage (§ 202a StGB), data interception (§ 202b StGB), or other criminal acts.
We are entitled, upon providing legitimate reasons, to refuse access to our platform and to suspend or exclude you as a user, or to terminate any contract between us with immediate effect, if we receive repeated complaints about you or if the terms of any contract entered into with us and these Terms of Use, other requirements communicated by us, or the compliance with legal regulations are repeatedly violated. We will promptly inform you of this and provide you with an opportunity to respond. Before a complete suspension or exclusion, we will notify you in advance with reasonable notice, stating the appropriate reasons. If you resolve the issue that led to the refusal, suspension, or exclusion, we will consider reactivating your access to the platform.

9. Applicable Law & Jurisdiction

For all rights and claims arising from or in connection with the contract, German law shall apply, unless mandatory statutory law takes precedence, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The statutory provisions regarding the competent court shall apply.

10. Consumer Dispute Resolution

Information on Online Dispute Resolution for Consumers: We would like to point out the possibility of online dispute resolution (so-called "ODR platform"). Consumers can use the ODR platform as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase or service contracts. The ODR platform can be accessed at the following link: http://ec.europa.eu/consumers/odr. We are not willing to participate in the resolution of disputes via this ODR platform.

11. Confidentiality

In the course of the collaboration, both parties will gain knowledge of business secrets of the other party or third parties. A business secret is information that is not generally known to persons who normally deal with this type of information, nor is it readily accessible, has economic value, and is therefore subject to reasonable confidentiality measures (see § 2 of the German Trade Secrets Act - GeschGehG). A business secret is also information that is designated as a business secret, is protected by intellectual property rights or copyright, falls under banking secrecy or data protection, and for which there is a legitimate interest in keeping it confidential. Information is not considered a business secret if it was known to the other party prior to disclosure, became publicly known after disclosure without the involvement of the disclosing party, was learned by the disclosing party from a legitimate third party, or was developed by the disclosing party independently.
The receiving party, as well as anyone who comes into contact with business secrets in the course of their duties, is obligated to treat the business secrets with strict confidentiality and to disclose them only when necessary for the business purpose, or to third parties and employees in connection with the business purpose. In all other cases, the receiving party will protect the business secrets from being accessed by third parties.
Items, files, or other intangible objects containing business secrets must be deleted or returned to the disclosing party upon request, or no later than upon termination of the contractual relationship.

12. Handling of Illegal Content

The following provisions apply if a feature is provided for interaction with other registered users. In this case, the requirements of the Digital Services Act (EU Regulation 2022/2065) apply.

The Digital Services Act aims to establish rules that create a safe, predictable, and trustworthy environment for individuals using platforms and websites (hereinafter referred to as "platforms") such as ours.

The Digital Services Act specifically regulates the handling of illegal content on our platform and obliges us to take specific actions, which we further outline in these "Regulations on the Digital Services Act".

a. Moderation & Justification for the Removal of Illegal Content

We delete, block, or restrict illegal content on our platform. "Content" in this context refers to any information, regardless of type. This information is considered "illegal" if it violates our Terms of Use, service descriptions, guidelines, or applicable law.
Illegal content can be reported by users, clients, partners, or third parties. For the procedure of such a reporting process, please see section b, "Reporting and Remediation Process."
If reported or self-identified content is found to be illegal and we have deleted, blocked, or restricted it, we will justify our decision to delete, block, or restrict this content, and any suspension or termination of the full or partial provision of our services, to the person who posted the illegal content, unless it concerns misleading or extensive commercial content. In this justification, we will specifically communicate the following points:
- Information about whether our decision concerns the removal of the information, the blocking of access to the information, the downgrading of the information, the restriction of the display of the information, or the suspension or termination of payments in connection with this information, or whether other measures related to the information are imposed with the decision, including the territorial scope of the decision and the duration of its validity;
- Facts and circumstances on which our decision is based, including, if applicable, whether our decision was made as a result of a report or voluntary investigations initiated by us, and, if absolutely necessary, the identity of the reporting person;
- Information about whether automated means were used for decision-making, including whether our decision was made regarding content identified or determined by automated means;
- If our decision concerns "allegedly" illegal content, a reference to the legal basis and explanations as to why the information is considered illegal content based on this legal foundation;
- If our decision is based on the presumed incompatibility of the information with our Terms of Use, a reference to the relevant contractual provision and explanations as to why the information is considered incompatible;
- Information about whether the affected person has legal remedies available against the measure, particularly – depending on the situation – internal complaint management procedures, out-of-court dispute resolution, and judicial remedies.
If a criminal offense has been committed through the publication of illegal content, or if the commission of a criminal offense is suspected as a result, we will promptly report our suspicion to the law enforcement or judicial authorities.

b. Reporting and Remediation Process

We review illegal content as soon as we become aware of the suspicion that such content has been published. Awareness occurs either through our own review or through a report of the relevant content to our central contact point (see section c below).
The reporting of illegal content can be done directly online. Reports must be directed exclusively to our central contact point (see section c below) and must contain at least the following information:
- A sufficiently reasoned explanation of why the reporting person or entity considers the content in question to be illegal;
- Clear indication of the exact location of the content, e.g., through a precise URL, as well as any additional relevant information to help identify the content, such as screenshots, notes, etc.;
- Name and email address of the reporting person/entity, unless the report concerns crimes related to sexual abuse, sexual exploitation, child pornography, contact with children for sexual purposes, including incitement, assistance in, or attempts of the aforementioned criminal offenses (see EU Directive 2011/93/EU, Articles 3 to 7);
- A statement that the reporting person or entity is, in good faith, convinced that the information and references contained in the report are accurate and complete.
We will promptly send an electronic acknowledgment of receipt of the report to the contact details provided by the reporting person/entity.
We will review the received reports promptly, carefully, impartially, and objectively, and decide whether the reported content is illegal without a detailed legal review, and act accordingly. If the reported content is found to be illegal, we will immediately delete, block, or restrict it, and may take further actions as outlined in section a, paragraph 3.

c. Central Contact Point for Communication

We have established a central contact point for communication. This is responsible for receiving electronic reports of suspected illegal content from reporting persons, as well as for inquiries from authorities or third parties regarding the handling of illegal content. Please refer to section b for the content requirements of reports.
All persons, authorities, or other parties (press, affected individuals, etc.) can report illegal content directly online via our process at: contact@trait-wise.com
We will then handle all reports within the process outlined in sections a-c.

13. Miscellaneous

If any provision of these Terms of Use is or becomes invalid or unenforceable, the remaining provisions of these Terms of Use shall remain unaffected, unless the removal of individual clauses would result in an unreasonable disadvantage to one party, such that it would no longer be reasonable for that party to remain bound by the contract.
Due to the free nature of our services, you waive any right of withdrawal upon the provision of our services.
Any changes or additions to these Terms of Use, as well as to the entire contract between us, must be made in writing in order to be valid, unless the following explanations provide specific formal or procedural requirements.
Changes and additions made by us due to altered legal or technical requirements for our service provision (that must be made) and that do not have a negative impact on the services you are entitled to will become effective if you do not object to the change within one (1) month after receiving a notice of change in writing, and if we have previously informed you about your right to object. If you object to the change, the contract will continue unchanged, and we have the right to terminate the contract with one (1) month's notice at the end of the next calendar month.
Changes and additions to the contract that we wish to make due to altered service, compensation, or other commercial or operational requirements, which have negative effects on our contractual relationship with you, will only become effective if you explicitly agree to them. This consent can be given by clicking an acceptance button in the change notification (via email or pop-up during the use of our services) or through any other simple and transparent method provided by us. In the absence of consent, the contract will continue unchanged, and we have the right to terminate the contract within the contractually agreed notice periods.
The written form requirement also applies to any modification of this form clause. The priority of individual side agreements remains unaffected.
The aforementioned deadlines do not apply, and there is only a right to be informed about changes to the contract, if the changes are necessary to prevent an unforeseen and imminent danger, such as to protect against fraud, malware, spam, privacy violations, or other cybersecurity risks.
Both parties are entitled to transfer the contract to an affiliated company, a legal successor, or a company assuming the respective services. They shall inform each other in writing prior to the planned transfer.

II. Provisions Regarding Paid Services

1. Conclusion of a Contract for the Use of Paid Services

A contract for the use of paid services is concluded as follows:

On our platform, you will find information about the content and costs of the paid services we offer. This information does not yet constitute an offer to conclude a contract for the use of our services.
Only by submitting the relevant booking form do you make a binding offer to us to conclude a contract for the corresponding services.
Before submitting the booking form, we will inform you about the costs associated with the booking and provide you with the opportunity to review these Terms of Use.
Furthermore, before submitting the booking form, we will give you the chance to review your entries and make corrections if necessary.
After submitting the booking form, you will receive an acknowledgment of receipt of your booking at the email address you provided. This acknowledgment of receipt generally also constitutes the acceptance of your offer to book the service.
In this email, or in a separate email, we will send you the contract text (consisting of the order, Terms of Use, order confirmation, and invoice) (contract confirmation).
Upon full payment for the acquired services, you will gain immediate access to the services.

2. Compensation & Payment Terms

The type and amount of compensation for the service you booked will be communicated to you during the booking process, in the booking summary, and in the booking confirmation, and unless otherwise expressly stated, includes the statutory value-added tax.
During the booking process, you will be informed about the available payment methods and can select the one that suits you.
If we involve third-party providers for processing the payment, their terms and conditions will also apply.
If you miss a statutory or agreed payment deadline, you will immediately be in default, and we are entitled to charge corresponding default interest.

January 2026