Terms of Service — Talents

WhyBrilliant GmbH | Version 2.0 | Effective: 15 September 2026 | Last updated: September 2026

Welcome to WhyBrilliant. These Terms of Service ('Terms') apply to your access and use of the WhyBrilliant platform as a job seeker, candidate, or talent ('you', 'your'). Please read them carefully before creating an account. You must actively accept these Terms by ticking the confirmation checkbox during registration. By doing so, you agree to be bound by these Terms.

1. Provider and Contracting Party

The contracting party under these Terms is the legal entity WhyBrilliant GmbH.

WhyBrilliant GmbH
c/o AI Campus Berlin, Max-Urich-Straße 3, 13355 Berlin, Germany
HRB: 285652 B, Amtsgericht Charlottenburg
E-mail: hq@whybrilliant.com

('WhyBrilliant', 'we', 'us', 'our')

2. Scope and Definitions

2.1 These Terms govern your use of the WhyBrilliant platform and all associated services provided to candidates and job seekers (collectively, the 'Services').

2.2 'Platform' means our website, web application, mobile application, and all related services, including AI-driven conversation features and candidate profile tools.

2.3 'AI' means the automated systems WhyBrilliant uses to generate text, speech, summaries, profile signals, and job match recommendations.

2.4 'Consumer' means a natural person acting predominantly for purposes outside their trade, business, or profession. Provisions of these Terms that refer to Consumers apply only if you are a Consumer. If you use the Platform to find freelance or contractor engagements in the course of your trade or profession, you are not a Consumer.

2.5 These Terms are governed by German law. Where you are a Consumer, the mandatory consumer protection provisions of German law apply in full and cannot be excluded by these Terms.

2.6 These Terms are concluded in English. Where we provide translations for convenience, the English version prevails.

3. Digital Services Contract (§§ 327 ff. BGB)

The Services are provided free of monetary charge. In exchange, you provide personal data, including your professional profile and career preferences, to receive the AI-driven matching service. If you are a Consumer, under German law (§§ 327 ff. BGB implementing EU Directive 2019/770), this constitutes a 'Vertrag über digitale Produkte', a contract for digital products.

As a result:

• You are entitled to a digital service that meets the agreed and objectively expected quality standards
• We are obliged to provide updates necessary to keep the service compliant and functional
• If the service is defective, you have the statutory rights under §§ 327i ff. BGB, in particular remediation, termination and damages
• We may process your data only for the purposes set out in these Terms and our Privacy Policy. You have the right to withdraw your data (delete your account) at any time, which terminates this contract

4. Eligibility and Registration

4.1 You must be at least 18 years old to use the Platform.

4.2 You must create an account with accurate and complete information and keep it up to date.

4.3 You must keep your login credentials secure. Notify us immediately at hq@whybrilliant.com if you suspect unauthorised access.

4.4 Each person may only register one account. Accounts created by automated means will be removed.

4.5 The Platform is intended for individuals seeking employment, primarily in Germany and the European Union.

4.6 Conclusion of contract: The contract between you and WhyBrilliant is concluded when you complete registration by ticking the confirmation checkbox and we confirm your account by email. Before submitting, you can review and correct your entries. We store the text of these Terms as accepted by you and send them to you with the confirmation email; you can also save or print them at any time from www.whybrilliant.com/terms.

4.7 Right of withdrawal: If you are a Consumer, you may withdraw from this contract within 14 days without giving reasons; details are set out in the Withdrawal Notice at the end of these Terms. Independently of this right, you may end the contract at any time by deleting your account (Section 10).

5. What WhyBrilliant Does (and What We Do Not Promise)

5.1 WhyBrilliant helps you:

• Have AI-driven conversations to understand your career preferences, experience, and goals
• Build and enrich a candidate profile, including AI-generated summaries and match signals
• Identify potentially relevant job opportunities
• Be visible to employers hiring for roles that match your profile, who can view your profile and CV as described in Section 7
• Be introduced to employers for a direct conversation — only with your explicit prior consent per employer ('Employer Opt-In')

5.2 WhyBrilliant does not guarantee interviews, job offers, employment outcomes, salary levels, or any specific career result. Use of the Platform is free of charge for Talents. WhyBrilliant is paid by employers when they hire a Talent we have introduced. You are free to use other job search channels at any time and are under no obligation to accept any introduction or offer.

5.3 WhyBrilliant acts as an intermediary. Any employment relationship is solely between you and the employer. WhyBrilliant is not a party to that relationship.

5.4 Match notifications via email are an optional feature of the matching service, available only where you have separately opted in. You can change how often you receive them, or withdraw your opt-in entirely, at any time (one-click from any such email, or in your account settings) without losing access to the rest of the Platform. Any marketing or promotional messages (such as our optional newsletter) are separate: we send them only where you have opted in to marketing specifically, and you can unsubscribe from them independently at any time.

5.5 AI: Our AI assistants are automated systems, not humans. Hiring decisions are made by employers, not by WhyBrilliant or its AI.

6. Voice Features, Transcription, and AI

6.1 Voice interactions are always user-initiated. You actively start sessions via a 'Start Call' button. We do not implement always-on or background listening.

6.2 Voice recording consent: Voice sessions are recorded and transcribed. We inform you of this before you start a session; by starting the session you agree to the recording. This includes:

• Real-time transcription of your spoken input
• Storage of the audio recording by our voice technology provider and of the transcript for the periods set out in our Privacy Policy, or until you request earlier deletion
• AI processing of the transcript to build your profile and generate match signals

You may decline to use voice features without losing access to other platform functionality. Details on the processing of recordings and transcripts, including retention periods and your rights, are set out in our Privacy Policy.

6.3 AI limitations: AI-generated output may be incomplete, inaccurate, or unsuitable. Verify important information independently. AI output is not legal, career, or professional advice.

6.4 No binding representations: AI interactions do not create legally binding commitments by WhyBrilliant or any employer.

7. Profile Visibility, CV Access, and Employer Introductions

7.1 When an employer is hiring for a role that matches your profile, that employer can view your profile inside the WhyBrilliant platform, before any Employer Opt-In: your name, headline, location, skills, availability and salary expectations, and our match rationale. They can also open the CV you uploaded and the professional links on your profile. Your CV is your own file, so it may contain your email address and phone number. Employers may use this information only to consider you for their roles and must keep it confidential (see 7.4).

7.2 We introduce you to an employer only with your explicit Employer Opt-In for that specific employer. An Introduction is where we connect you and the employer directly for a conversation about a role, for example in a shared email thread. An employer may request an Introduction through the Platform; you decide whether to accept. Before you opt in, we will inform you of: (a) the employer's identity; (b) the role context; and (c) the categories of data to be shared.

7.3 You may withdraw an Employer Opt-In at any time in your account settings or by writing to privacy@whybrilliant.com. We will not introduce you to that employer again, and we will stop contacting you about their roles.

7.4 Withdrawal cannot unsend what an employer already holds. Under our agreement with employers, they must keep your data confidential and delete it within 30 days of a written request from you or from us, subject to any legal retention obligation they have. Ask us and we will make that request on your behalf, or you may make it directly.

7.5 To stop being visible to employers altogether, you can switch to private mode in Settings or close your account at any time (see Section 10). While your profile is active and matches an employer's role, the visibility described in 7.1 applies.

7.6 WhyBrilliant does not charge Talents any fee for introductions or use of the Platform.

8. Your Content and Responsibilities

8.1 You may provide content including CVs, profile information, voice input, messages you exchange with us via chat, email or messaging apps, and links to external profiles ('User Content').

8.2 You confirm your User Content is accurate, not misleading, and does not infringe any third-party rights (including IP rights or confidentiality obligations).

8.3 You grant WhyBrilliant a non-exclusive, royalty-free licence to store, process, and use your User Content to provide, maintain and improve the Services, including sharing it with employers, as described in these Terms and our Privacy Policy.

8.4 You must not upload or distribute false, harmful, defamatory, obscene, or otherwise unlawful content.

9. Prohibited Conduct

Please treat the Platform, our team, and our AI assistants as you would an employer you are applying to. You must not:

• Use the Platform for any unlawful purpose or in violation of applicable German or EU law
• Abuse, insult, harass, threaten, or discriminate against our team or our AI assistants
• Attempt to access accounts, data, or systems you are not authorised to access
• Scrape, crawl, or systematically extract data from the Platform
• Transmit spam, malware, or other harmful code via the Platform
• Impersonate another person or entity
• Interfere with the operation or security of the Platform
• Use automated tools (bots, scripts) to interact with the Platform without prior written consent

10. Account Termination

10.1 You may delete your account and associated data at any time via your account dashboard or by contacting privacy@whybrilliant.com. Deletion terminates the digital services contract under §§ 327 ff. BGB.

10.2 We may suspend or terminate your account with reasonable notice if we have grounds (see Section 9). In cases of serious or urgent breach — such as illegal use, a security threat to other users, or serious or repeated abusive behaviour towards our team or our AI assistants — we may act without prior notice. We will state our reasons in writing.

10.3 We may terminate the contract at any time with at least four weeks' notice by email. We may also close accounts that have been inactive for more than 24 months after notifying you by email at least 30 days in advance.

10.4 Termination does not affect rights or obligations already accrued.

11. Intellectual Property

11.1 All intellectual property rights in the Platform (including software, design, text, graphics, and AI systems) belong to WhyBrilliant GmbH or our licensors.

11.2 You receive a limited, personal, non-transferable licence (revocable in accordance with Section 10) to use the Platform for the purposes described in these Terms.

11.3 You may not copy, reverse-engineer, decompile, or create derivative works from any part of the Platform without our prior written consent.

12. Disclaimer and Limitation of Liability

12.1 While we aim for high availability and quality, we do not guarantee uninterrupted or error-free operation. Your statutory rights under §§ 327 ff. BGB remain unaffected.

12.2 We are fully liable for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), and for damages resulting from injury to life, body, or health.

12.3 For minor negligence (leichte Fahrlässigkeit), our liability is limited to foreseeable, typical damages and only arises from breach of a material contractual obligation (Kardinalpflicht). Material contractual obligations are those whose fulfilment is essential to the proper performance of the contract and on whose compliance you regularly rely.

12.4 These limitations do not apply to claims under the German Product Liability Act (Produkthaftungsgesetz) or other mandatory statutory liability that cannot be excluded.

12.5 We are not liable for the conduct of employers or the outcome of any recruitment process facilitated via the Platform.

13. Force Majeure

We are not liable for any failure or delay in performance of the Services to the extent caused by circumstances beyond our reasonable control, including but not limited to natural disasters, pandemic, war, cyberattacks on third-party infrastructure, or acts of government (höhere Gewalt). We will notify you of any such event and resume performance as soon as reasonably practicable.

14. Changes to the Platform and Terms

14.1 We may modify the Platform where this is necessary to keep it compliant and functional, or for a valid reason such as adapting to technical developments, improving security or adding features, provided that changes are free of charge for you and we inform you clearly. If a change more than insignificantly affects your access to or use of the Platform, we will inform you by email in advance, and you may terminate the contract free of charge within 30 days of receiving the information or, if later, of the change (§ 327r BGB).

14.2 We may change these Terms where this is necessary to reflect changes in law or case law, new or changed features of the Platform, or to close gaps in these Terms, provided the change does not alter the core of our Services. We will notify you of such changes by email or in-platform notification at least 30 days before they take effect and point out your right to object. If you do not object before the effective date, the updated Terms apply; if you object, the contract ends on the effective date and you may delete your account at no cost. Any other changes require your express consent, which we will ask for in the Platform.

15. Governing Law and Jurisdiction

15.1 These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

15.2 If you are a Consumer, you benefit from any more favourable mandatory consumer protection provisions of the law of your country of habitual residence.

15.3 The courts of Berlin have non-exclusive jurisdiction. Consumers may also bring proceedings in the courts of their place of habitual residence.

16. Consumer Dispute Resolution

We do not participate in consumer dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) pursuant to §36 VSBG.

17. Miscellaneous

17.1 Severability (§ 306 BGB): If any provision is held invalid or unenforceable, the remaining provisions continue in full effect. In its place, the statutory provisions apply.

17.2 No waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.

17.3 Entire agreement: These Terms, together with the Privacy Policy and the Withdrawal Notice, constitute the entire agreement between you and WhyBrilliant GmbH regarding your use of the Platform as a Talent.

17.4 Individual agreements prevail (§ 305b BGB): Any individually negotiated agreements between WhyBrilliant GmbH and you take precedence over these Terms.

17.5 Transfer: We may transfer our rights and obligations under these Terms to an affiliated company or to a successor of our business. We will notify you in advance; if you are a Consumer, you may terminate the contract at no cost within 30 days of the notification.

Version 2.0 | Effective: 15 September 2026 | WhyBrilliant GmbH, Berlin

Withdrawal Notice (Consumers only)

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (WhyBrilliant GmbH, c/o AI Campus Berlin, Max-Urich-Straße 3, 13355 Berlin, Germany, e-mail: privacy@whybrilliant.com) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an e-mail). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will stop providing the Services to you and handle your personal data in accordance with the GDPR and our Privacy Policy. As the Services are free of charge, there are no payments to be reimbursed. If you asked us to begin providing the Services during the withdrawal period, this does not create any payment obligation for you.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To WhyBrilliant GmbH, c/o AI Campus Berlin, Max-Urich-Straße 3, 13355 Berlin, Germany, e-mail: privacy@whybrilliant.com: I hereby give notice that I withdraw from my contract for the use of the WhyBrilliant Platform. Registered on: [date]. Name of consumer: [name]. Address of consumer: [address]. Signature of consumer (only if this form is notified on paper): [signature]. Date: [date].