Definitions:

Client: is an independent economic entity registered as an authorised user and using the Website for its own business purposes to commission one or more contract partners (Contractors) to carry out project work.

Contractor: is an independent economic entity registered as an authorised User that uses the Website for its own business purposes to advertise its services to clients and to carry out project work on behalf of a client.

User account: is the area of the website in which registered and appropriately authorised users administer their user profile in order to advertise services or place orders.

User area: is the area of the website used by users to administer profiles and accept or place orders. eWallet: is an account held in trust by MangoPay for DevMatch, which is created for each user with a user account in order to carry out monetary transactions.

Project eWallet: is an account managed by MangoPay on a fiduciary basis for DevMatch, which is used in the course of a project work to store the funds relating to the order remuneration until the Client and Contractor confirm the completion of the project work or milestones defined in advance.

1. Scope of application

1.1 Scion e.U., Jutegasse 4/4/6, 1220 Vienna, Company Register Number: FN 495409, UID: ATU66706139 operates the online marketplace DevMatch at https://devmatch.biz/ (hereinafter "DevMatch"). For the business relationship between DevMatch on the online marketplace (hereinafter "Website") and the registered Contractor and Client (hereinafter "User"), the following General Terms and Conditions apply exclusively in their version valid at the time of conclusion of the business transaction.
1.2 Users reach DevMatch for questions, concerns or complaints by e-mail at team@devmatch.biz
1.3 DevMatch will not accept any deviating terms and conditions of users unless DevMatch expressly agrees to their validity.

2. Offers and descriptions of services

2.1 DevMatch operates the website as an online marketplace on which users can offer and purchase services in the areas of game development and which are provided by users as Contractors to users as Clients. In order to be able to offer or purchase services, users must set up a user account and register accordingly.
2.2 By registering, users simultaneously confirm that they are able to electronically receive, download and print the Terms of Use, billing orders/mandates and all other information provided by DevMatch as well as any changes or adaptations thereto. DevMatch then enables users to contact DevMatch online in order to acquire, realise and pay for project work in the aforementioned areas and to use the services offered by DevMatch and its partners.
2.3 DevMatch will not be a party to the agreements made between users regarding user services, but will exclusively provide the online marketplace including all services, applications and products accessible via the website, including all mobile applications that link to or refer to the website. Therefore, these provisions exclusively govern the use and sale of the website functions made available to users and the rights and obligations of all users of the website.
2.4 The services, applications and products offered are exclusively for the purpose of a Client advertising, acquiring and processing the assignment of a Contractor, as well as the provision of services for this client via the website, the creation and issuing of invoices in the name of and on behalf of users as Contractors and the provision of means for the electronic payment for services and payment of fees via MangoPay (the terms and conditions of MangoPay apply here).
2.5 In connection with these Terms of Use and the provision of the DevMatch Services, Users will receive certain records from DevMatch or DevMatch affiliates (e.g. invoices, Terms of Use and other related notices). In order to make it easier for users to use the Site and for the functionality of the Site, users therefore consent to DevMatch receiving such records electronically.
2.6 In order to ensure that DevMatch or DevMatch affiliates are able to provide records and communications to Users electronically, users agree to notify DevMatch immediately of any change of email address by updating their account information on the Website or by contacting DevMatch. Users also agree to notify DevMatch immediately of any change of postal address.
2.7 Users may revoke their consent to receive further records and communications electronically at any time by notifying DevMatch by post or email to team@devmatch.biz . If the user revokes the consent, the access to the offers of DevMatch is no longer possible. The processing of a revocation will take place within one month. The revocation of the consent does not affect the legality of the data processing, which took place due to the consent up to the revocation.

3. Registration on the website / requirements

3.1 Registration for the website is free of charge and takes place in just a few steps at https://devmatch.biz/ . After the user has set a password for logging in, a confirmation link will be sent to the user by e-mail. The user is responsible for the legitimate use of this link. Interested users can then take note of the website and its offers.
3.2 The registration for the user area also takes place free of charge in a few steps on https://devmatch.biz/. It is obligatory to state surname, first name, education, focus of work, previous activities and experience, company data, nationality, date of birth, address and e-mail address.
3.3 The minimum age for using the website is 18 years and is available exclusively for the business or entrepreneurial purposes of the user. In order to be able to use the website and its functions, the users must be entrepreneurs in the legal sense and declare with their registration that they fulfil the necessary (commercial) legal requirements or possess the relevant permits and that there are no other legal or actual restrictions with regard to the conduct of business.
3.4 Users who act as Contractors on the Website and are accordingly visible to other users are obliged to provide minimum information on their profile page and to keep it up to date at all times. This applies in particular to the provision and use of valid e-mail addresses. In addition, the user undertakes to give DevMatch a billing mandate to use the website features, to make the legally required documents available online and to comply with the laws and regulations applicable to the website and the website features (especially laws and regulations on the observance of transparency rules by the users (KYC - Know Your Customer) and on the prevention of undeclared work, fraud, money laundering and terrorist financing).
3.5 By registering and using the Website or its functions and by clicking to accept the Terms of Use, Users agree to be bound by these Terms of Use and their contents. Users further agree to be commercially (and in particular financially) responsible for the use of the Website and its functions and for the provision of services, and to perform all obligations under the contractual agreement they enter into with each other in an agreement, unless such obligations are prohibited by applicable law or these Terms of Use.
3.6 By registering and using the Site's functions, Users also declare that they are not subject to any territory in which access to or use of the Site is prohibited by any applicable law, regulation, contract or administrative act, or to any territory subject to sanctions or embargoes or other economic criminal laws of any sovereign State. Users further agree that if any of the aforementioned circumstances occur, they will immediately cease using the Site and its functions. All funds held in MangoPay user accounts will be refunded to the client in accordance with the applicable MangoPay terms and conditions.
3.7 DevMatch reserves the right, in its sole discretion, to refuse, suspend or revoke Users' access to the Website and its functions (or any portion thereof) if it is determined that any information provided or used by Users is untrue, inaccurate, incomplete or out of date, or that such information or User conduct otherwise violates these Terms of Use.

4. Netiquette

4.1 Users undertake to treat all tools made available to them conscientiously and respectfully. DevMatch has therefore established a number of basic rules of conduct for the common use of the tools, which DevMatch attaches great importance to compliance with and to which DevMatch refers within the framework of these Terms of Use: - Users should always be polite and respectful. - Users are responsible for their uploaded content and ensure its legality. - Content that is incendiary, sexist, violent, threatening, offensive or racist is an absolute taboo and will be deleted as soon as it is noticed. - When creating their content, users ensure that the rules of spelling and grammar are observed. - The use of capital letters is seen as inappropriate - in addition to being difficult to read.
4.2 DevMatch reserves the right to contact users in case of violations of the netiquette and to issue a warning. In case of serious violations, DevMatch reserves the right to immediately block the account and delete it if necessary.

5. Description of website functions and procedures

5.1 The functional scope of the Website includes: - Hosting and maintenance of the website - the online marketplace to facilitate the exchange and initiation of project work between users through the website - Provision of the infrastructure for the electronic payment of services and various platform fees via MangoPay to secure and handle the project work. - Administrative services for the preparation and issuing of invoices for project work carried out by users - Administrative services related to the collection and provision of documents required by Contractors to comply with applicable legal requirements.
5.2 Users who use the Website as Clients shall contact users who use the Website as Contractors via the Website. The Client and the Contractor shall exchange all information on the type and scope of the activity or project and submit corresponding contractual offers - irrespective of the terms of use laid down here - in accordance with the negotiated conditions. This can then be accepted by the client using the means of communication made available to him on the website. The communication processes can be checked by DevMatch in case of suspicion of violations of these terms of use.
5.3 Within the framework of placing the order, the Client shall subsequently transfer the agreed remuneration to his electronic wallet (e-wallet). e-Wallets are customer accounts managed by MangoPay (on a fiduciary basis) which DevMatch creates when creating a user account and which are subject to MangoPay's terms and conditions (see also point 8.). When a project is initiated, a specific project eWallet is created by DevMatch and held in trust by MangoPay. After notification about the payment of the credit note into the project eWallet, the Contractor starts the order work.
5.4 The use of General Terms and Conditions within the framework of the contractual relationship between the Client and the Contractor is recommended. DevMatch is not a party to this legal relationship, which is why no rights and obligations of DevMatch derive from contractual relationships.
5.5 After completion of the order or the project work, an invoice will be issued at the request of the user and sent to the Client by DevMatch in the name of the Contractor. The information provided by the Contractor will be used for this purpose. The freelancer is obliged to provide DevMatch with all information resulting from his contractual and legal obligations in order to enable DevMatch to issue the invoice. By accepting these terms of use, the Contractor undertakes to give DevMatch the mandate to invoice the order (see Billing Mandate), in which the respective obligations relating to the invoicing process are specified.
5.6 After acceptance and confirmation of a project work by the Client, payment to the service provider is automatically released in the amount of the respectively agreed remuneration, minus the DevMatch fees.

6. Availability of website functions

6.1 The full functionality of the website is exclusively available to registered users. In particular, the following points apply to the Client and Contractor.
6.2 Contractors are permitted access to the website and its functions if: - the required documents have been uploaded in the Contractor's profile, and the Contractor fulfils all obligations arising from the legal regulations applicable to it, and - In addition, all obligations regarding the observance of transparency rules by users (KYC) as well as the prevention of undeclared work, fraud, money laundering and terrorist financing were fulfilled at the latest at the time of payment - see also the General Terms and Conditions of MangoPay.
6.3 All users are obliged to comply with points 3.3 and 3.4.
6.4 The website is available to users 24/7. The users themselves are responsible for the functioning of their technical access requirements. The users shall bear all costs incurred by their service provider in relation to the connection to the website and the downloading of documents or applications.
6.5 DevMatch does not guarantee or warrant that the Website and the related functions will always be functional and available. In particular, but not limited to, DevMatch reserves the right, without prior notice, to temporarily or permanently close the Site or access to one or more of its Site features, or to update, modify or change operating methods, servers and access times, and expressly reserves the right, at its sole discretion, to make any changes or improvements that are necessary or useful to the Site and its features.

7. Cost of website services

7.1 Users using the Website and its features shall pay the applicable fees (MangoPay and DevMatch fees) exclusively.
7.2 Users who use the website and its functions as clients are only obligated to pay a compensatory fee according to point 10.5. in the case of a reversal of payments by DevMatch due to failed settlement of disputes in the project/order relationship between Contractor and Client.
7.3 If a Client pays a Contractor or if funds in connection with a project are released to a contractor, MangoPay will credit the Contractor account with the released amount less the DevMatch fee (see point 7.6.).
7.4 The Contractor undertakes to pay DevMatch the fees for the use of the website and its functions, including the billing system and the payment system offered via MangoPay.
7.5 The DevMatch fees are calculated on a percentage basis with reference to the amount paid by the client for the completion of a project assignment without deduction of VAT the DevMatch fees will be deducted directly from the amount to be paid to the Contractor as soon as a Client has accepted a project order.
7.6 The DevMatch fees amount to 10 percent of the price paid for the project work.

8. Payment and handling of project work and DevMatch fees through MangoPay services

8.1 MangoPay S.A. shall be responsible for the payment and execution of project work and DevMatch fees. MangoPay is a company registered as an electronic financial institution, registered in the Luxembourg Commercial Register under number B173459, with its registered office at 59 Boulevard Royal, L-2449, Luxembourg.
8.2 The payment of the agreed remuneration for a project assignment shall be made by the Client in advance via the eWallet which is made out to the Client and is made available by MangoPay in accordance with the terms of payment applicable there. The User must accept MangoPay's Terms of Use for the provision and use of the e-Wallet as escrow account, which is why the Users make a corresponding agreement with MangoPay regarding the payment system and declare that they accept MangoPay's General Terms and Conditions.
8.3 The MangoPay payment system is used by the Users to receive or initiate electronic payments for project work and to pay the DevMatch fees.
8.4 The payment system is intended exclusively for business use, private or other use is prohibited and leads directly to the termination and closure of the user account as well as to the termination and settlement of the billing mandate.
8.5 The advance payment by the client is made by credit card via a secure online payment service provided by MangoPay via the website or by bank transfer to MangoPay.
8.6 The transfer of funds within the scope of a payment and processing of project work into an e-Wallet does not constitute a bank deposit and is therefore not interest-bearing.
8.7 In the event of any discrepancy or dispute regarding the system for the payment and settlement of Project Work via escrow accounts as set out in these Terms of Use or MangoPay's General Terms and Conditions, MangoPay's General Terms and Conditions shall apply together with the applicable escrow regulations.

9. Reviews and recommendations in user profiles

After completion of project work, the users (Contractor and Client) can and should review each other. The review given by the Client is displayed in the profile of the Contractor and the evaluations given by the Contractors are displayed accordingly in the profile of the Client.

10. Regulations for the settlement of disputes

10.1 In the event of disputes concerning the execution of a project work, the users undertake to comply with existing and individually agreed provisions for the settlement of such disputes.
10.2 Every user has the right to terminate the project work within the scope of the individually agreed termination clause(s). Unless otherwise required by law, the Client shall remain obliged to pay the Contractor for all services and expenses incurred in relation to the Contractor's services. The Client shall not have the right to reclaim any payments already made to the Contractor.
10.3 Should the project work be cancelled by mutual agreement, DevMatch shall refund to the Client within 21 days the amount paid to the project eWallet into the eWallet of the Client.
10.4 In the event of a dispute between Client and Contractor as to the performance of project work in accordance with the contract, Client or Contractor or both shall inform DevMatch via Customer Service (Notification of Dispute) and Client and Contractor shall endeavour to find an amicable solution within 40 days from the date of receipt by DevMatch of the notification of the existing dispute.
10.5 In the event that costs are incurred by DevMatch to MangoPay in connection with a dispute, such costs shall be borne by the User.
10.6 Regardless of the above, the Client and the Contractor will then attempt to settle their disputes outside the marketplace provided by DevMatch.
10.7 In addition, and knowing that DevMatch is not a party to the contract between Users, Users shall indemnify DevMatch, its affiliates and their respective officers, directors, agents, subsidiaries, joint ventures and employees against any claims, demands and damages of any kind and nature, whether known or unknown, arising directly or indirectly out of any dispute between users.

11. Declaration of commitment and acknowledgement

11.1 Users undertake to always access the Website and its functions in accordance with these Terms of Use and the legal provisions applicable to them.
11.2 In this context, Users agree that DevMatch may review all content related to and made available for use on the Website and may adapt the content published by DevMatch if such content conflicts with these Terms of Use or applicable law.
11.3 The users undertake to make all the necessary declarations and formalities within the framework of their activities and to comply with all the legal, administrative, fiscal and contractual obligations concerning them.
11.4 Upon request, the users must immediately provide DevMatch with the documents concerning compliance with these obligations.
11.5 Users confirm that they are responsible for compliance with these Terms of Use and the resulting obligations. DevMatch assumes no liability towards users or third parties.
11.6 The users will use the website and its functions according to the terms of use, in particular the users may not bypass the website and its functions.
11.7 The users undertake to submit or make available only serious, comprehensive and sufficiently detailed information with regard to bid invitations, bid preparation, project work or the handling of project work.
11.8 Clients may not use the website or the website functions to advertise competing own or third party offers. In particular, users may not send advertising to other users.
11.9 The cancellation of a commission payment to the Contractor's bank is not permitted.
11.10. If there is no dispute about the project work (item 10.), the Client authorizes DevMatch to release the secured amounts after one month to the Contractor, if the Client does not give a contrary notification or message.
11.11. The users undertake to treat all messages and information exchanged as strictly confidential. This also applies to information which is not directly related to the project work but which nevertheless becomes known to the users (e.g. company internals etc.).
11.12. All project work must always be carried out in the user's own name and not for the benefit of third parties. A transfer or passing on of the execution of the project work to third parties may only take place in coordination with the client.

12. Liability in relation to the online offers

12.1 The users shall be liable for all direct and indirect damage caused by incorrect, incomplete or misleading information.
12.2 Users shall be liable for the entire content they make available on the Website. A preview by DevMatch in advance does not take place.
12.3 Users who use the website as Clients are liable for the description of the project work. In the event of an incorrect or incomplete description of the project work, the Client shall bear the risks and consequences of such a description and shall compensate the Contractor for any resulting damages.
12.4 The initiation, execution and completion of the project work between the Client and the Contractor shall be the sole responsibility and control of the latter.
12.5 The users shall be responsible for all legal and tax obligations arising in connection with the Project Work.
12.6 DevMatch cannot assume any liability for the relevance, correctness, completeness or quality of the information provided in the online offer. Therefore liability claims, which refer to damages of material or non-material kind, which were caused by the use or non-use of the information provided and/or by the use of incorrect and incomplete information are excluded, so long as DevMatch is not deliberately or grossly negligent.
12.7 DevMatch expressly reserves the right to change, supplement or delete parts of the online offer or the entire online offer without prior notice or to cease publication temporarily or permanently.
12.8 DevMatch is not a contractual partner with regard to the agreed project work. The users are therefore responsible for all claims and disputes that may arise in the course of the execution of the respective project work and exempt DevMatch from any responsibility in this regard.

13. Liability with regard to references and links

13.1 DevMatch assumes no liability for the content of external links. The operators of the linked websites are solely responsible for their content. DevMatch is not responsible for any contents linked or referred to from its pages - unless it has full knowledge of illegal contents and would be able to prevent the visitors of its site from viewing those pages.
13.2 In the case of links, the users expressly declare that at the time these links were set, no illegal content was discernible on the linked pages. For illegal, incorrect or incomplete contents and in particular for damages, which result from the use or misuse of such offered information, only the provider of the website, to which reference was made, is liable, not the one who merely refers to the respective publication via links.

14. granting of rights of use

14.1 In order to further develop and expand the service for the benefit of our users and interested third parties, DevMatch requires certain rights with regard to intellectual property rights to content (texts, images, etc.) created by the users.
14.2 The users therefore grant DevMatch the non-exclusive but unrestricted right, in terms of location, time and content, to use their created content for all types of use known today and in the future. This includes in particular, but not exclusively: - the right to reproduce and distribute the contents in printed form for all editions and editions in all formats - the right to reproduce and distribute the contents in any other way (in particular, but not exclusively, in electronic form) - the right to reproduce, distribute, transmit, publicly perform, or make available to the public, by wire or wireless means, the Content in an unmodified or edited form - the right to edit the contents while safeguarding the existing property rights of the users and to use edited versions of the contents as the contents themselves.
14.3 The users grant DevMatch the non-exclusive right to use their name for the reproduction of the contents.
14.4 DevMatch is also entitled to transfer the rights granted here in whole or in part to legal successors, third parties and partners associated with DevMatch.
14.5 Users warrant that they do not have the rights granted herein. Users further warrant that the content created by them does not violate any rights of third parties. In any case, the users undertake to indemnify and hold DevMatch without liability in the event of the assertion of property rights by third parties.

15. Copyright and trademark law

15.1 DevMatch makes every effort to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in the online offer, to use images, graphics, sound documents, video sequences and texts created by DevMatch and/or acquired by DevMatch in accordance with the applicable usage rights, or to use license-free graphics, sound documents, video sequences and texts.
15.2 All trademarks mentioned within the online offer and possibly protected by third parties are unrestrictedly subject to the provisions of the applicable trademark law and the rights of the registered rights holders. The mere fact that a trademark is mentioned shall not lead to the conclusion that it is not protected by the rights of third parties.
15.3 The copyright for published material for objects created and/or acquired by DevMatch remains exclusively with DevMatch. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without DevMatch's agreement.

16. Data protection

If we need personal data (e.g. address data, name etc.) for the use of the online offer, then their use takes place in agreement with our data security explanation, which represents an integral component of these terms of use.

17. Note on user-generated content

17.1 DevMatch is not able to check the content of users in advance. The users are always liable for their content themselves. The users guarantee DevMatch the observance of all legal regulations, the possession of all necessary rights and the observance of contractual obligations. A liability of DevMatch is excluded.
17.2 The contents distributed within the scope of this online offer do not necessarily reflect the opinion of DevMatch. DevMatch reserves the right to delete, change and/or block access to illegal content, content contrary to public decency or otherwise contrary to the reputation of DevMatch. DevMatch also reserves the right to change and/or delete content without cause at any time. In this case claims cannot be made against DevMatch. DevMatch expressly reserves the right to assert claims for damages and to report relevant facts to the police. The users have to hold DevMatch in each case indemnified and without liability.

18. Duration, deactivation, termination and their consequences

18.1 These Terms of Use shall enter into force on the first visit to the Website and shall remain in force for the duration of the use of the Website or its functions.
18.2 Unless expressly agreed otherwise in writing or stated otherwise in these Terms of Use, DevMatch or the User may terminate the application of these Terms of Use at any time in writing and will terminate the use of the Services provided through the Website and the billing order. Such notice should be sent to team@devmatch.biz .
18.3 If a User breaches these Terms of Use, in particular by failing to provide information necessary for the proper use of the Website and its functions and/or by failing to comply with applicable laws and regulations, and if the User fails to remedy the breach immediately upon notification by DevMatch of the breach, DevMatch may deactivate or terminate the User Account and refuse any future access to all or any part of the Services, without prejudice to any further claims (e.g. for damages). Unless legally excluded or further damage is to be feared, DevMatch will inform the user about the closure of the user account. Users agree that DevMatch reserves the right to inform others that the user account has been closed or suspended and to explain the reason for the suspension or suspension.
18.4 In the event that these Terms of Use are terminated, the user's access to the Website shall be revoked and his/her account closed immediately. Users with open orders or project work remain bound by the terms of the order and must conclude a separate agreement on the remuneration of the work. From the time of written notice, DevMatch will not be responsible for the continued performance of the Site's functions, including but not limited to the billing mandate, and will return the funds to the Client as soon as possible.
18.5 Termination of these Terms does not release the Contractor from obligation to pay DevMatch Fees. The provisions of the Terms of Use necessary for the performance of the foregoing provisions shall remain in force beyond the termination of the Terms of Use.
18.6 DevMatch does not assume any liability for the deletion of any content stored on an account.

19. Contact/customer service

For questions about the Website and its features, users may contact Customer Service by using the contact form on the Website or by sending an email to team@devmatch.biz

20. Revision and adaptation of the terms of use

20.1 DevMatch may, in its sole discretion, modify these Terms of Use and other Terms of Use provided by DevMatch at any time by posting a revised version on the Website and will give notice in advance of any modification that substantially modifies the Terms that restricts the rights of Users or extends their responsibilities (material modification) if such material modification increases DevMatch's fees for the functionality of the Website. DevMatch will give notice of the change at least 14 days in advance, but will not be required to give notice of changes that result in a reduction in DevMatch fees. All changes to the Terms of Use and other Terms of Use will take effect on the date specified or, if no date is specified, on posting on the Site at the latest.
20.2 The continued use of the Website or its functions by Users after the effective date of any revised version of these Terms of Use and/or other Terms of Use provided by DevMatch, including but not limited to the Billing Mandate, constitutes the acceptance and consent of Users. In the event of any conflict between this Agreement and any other DevMatch Terms of Service, these Terms of Service shall prevail unless expressly provided otherwise in the other agreements.
20.3 By accepting the Terms of Use in the name and on behalf of a company or in connection with the provision or receipt of services in the name and on behalf of a company or agency, Users represent and warrant that they have the authority to bind such company or agency to the Terms of Use.

21. Applicable law and place of jurisdiction These Terms of Use shall be governed exclusively by Austrian law, to the exclusion of any conflict of law provisions. The place of jurisdiction shall be the competent court in Vienna.

22. Financial statement provisions

22.1 Any agreement deviating from or supplementing the Terms of Use requires DevMatch's express consent and written confirmation.
22.2 These Terms of Use do not create any partnership or other economic or legal relationship between the parties, nor does any party, other than the billing mandate, represent the agent of any other party, nor authorise any party to enter into any obligation on behalf of or for the account of any other party. Each party acknowledges that it is acting in its own name and not in the interest of any third party.
22.3 The English version of the Terms of Use shall govern the legal assessment and shall apply in the event of inconsistencies or discrepancies with other language versions.
22.4 Should any provision of these Terms of Use be or become void or ineffective, the validity of the remaining provisions shall not be affected thereby. The void or ineffective provision shall be interpreted or supplemented in such a way that the purpose intended by the void or ineffective provision is achieved in the best possible way. This shall also apply to any loopholes.

Status: 25.07.2019