Terms of Service

These Terms of Service ("Terms") govern your use of the out of office employer portal at outofoffice.jobs and solutions.outofoffice.jobs (the "Service") and the publication of job listings on our network of job boards (the "Network Sites"). The Service is offered to businesses only. Please read these Terms carefully before placing an order.

1. Operator

The Service is operated by:

2. B2B only

The Service is offered exclusively to businesses, self-employed professionals, corporate bodies and legal entities acting within the scope of their commercial, self-employed or professional activity (Unternehmer within the meaning of § 14 BGB). By placing an order you represent and warrant that you are acting in such a capacity. The Service is not directed at consumers (Verbraucher, § 13 BGB).

3. The Service

Out of Office is a B2B platform through which you ("Customer") may purchase and publish job listings for remote or home-office roles on one or more of our Network Sites:

• remotely.de, Germany
• remoteo.es, Spain
• leremote.fr, France
• byebyeoffice.com, United States

We publish each purchased listing on the Network Site(s) selected at checkout for the duration purchased.

4. Contract formation

Product descriptions on the Site are invitations to treat and not binding offers. A binding offer is made by you when you submit a paid order. The contract comes into effect when we confirm the order by email or publish the listing, whichever happens first.

5. Account and credentials

To post listings you must register an account at solutions.outofoffice.jobs. You must provide truthful, current and complete information. You are responsible for keeping your credentials confidential and for all activity under your account. Notify us without delay if you suspect unauthorised access.

6. Content requirements

Each listing you submit must:

• describe an actual, open position that is remote or home-office eligible;
• be accurate about the role, employer, location and working model;
• comply with all applicable law, including anti-discrimination law (in Germany: AGG; corresponding laws in other Network markets);
• not be misleading or deceptive;
• include a working application channel (careers page URL, ATS link, or a monitored email address);
• not contain personal data of third parties without that third party's authorisation;
• respect the intellectual property rights of third parties.

We may review any listing before publication and may, in our reasonable discretion, reject, correct formatting of, or remove any listing that breaches these Terms or applicable law. Removal of a non-compliant listing does not give rise to a refund.

7. Prohibited content

You may not submit listings that:

• promote multi-level marketing, pyramid schemes, or pay-to-work arrangements;
• are discriminatory under applicable law;
• relate to adult services, gambling, weapons, illegal substances, or activities prohibited by applicable law;
• are for crypto mining, phishing, survey farming, or data-harvesting under false pretences;
• infringe any third-party right;
• describe on-site-only roles with no meaningful remote or home-office component.

8. Listing duration

Unless otherwise agreed in writing, each purchased listing runs for thirty (30) calendar days from publication on each selected Network Site. At the end of the term the listing is automatically de-published. There is no automatic renewal.

9. Prices, invoicing and payment

1. Prices are as displayed on the Site at the time of your order, in euros (EUR), plus applicable VAT.
2. Payment is due on order confirmation. Accepted payment methods are displayed at checkout.
3. We issue electronic invoices to the email address on your account.
4. If payment fails or is charged back, we may de-publish affected listings and recover the amount due plus reasonable costs.

10. No right of withdrawal

As this contract is concluded in your business capacity, the statutory right of withdrawal for consumers (§ 355 BGB) does not apply. Once the listing is published, fees are non-refundable. Where you request de-publication before publication has occurred, we may at our discretion refund the fee net of any processing costs already incurred.

11. Your representations

You represent and warrant that:

• you are authorised to post the listings you submit on behalf of the named employer;
• the position described exists and is open to applicants at the time of posting;
• your listing complies with these Terms, the content requirements and applicable law;
• you hold all rights necessary to any material you submit (company name, logos, images, text).

12. Indemnification

You will indemnify and hold harmless Remotely.de GmbH, its affiliates and its representatives from and against any third-party claim, liability, damage, loss or cost (including reasonable legal fees) arising from or related to (a) content you submit, (b) your breach of these Terms, or (c) your infringement of any third-party right through the Service.

13. Intellectual property

1. You retain ownership of the content you submit. You grant us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free licence to host, store, reproduce, adapt for format, communicate and publish that content on the Network Sites for the purpose of providing the Service, and to use it in aggregated, anonymised statistics about the Service.
2. All content on the Site that is not yours (including the "ooo." mark, the Network Site brands, page layouts, copy and software) is owned by Remotely.de GmbH or its licensors. You may not copy, modify or redistribute it without prior written consent.

14. Availability

We aim for high availability but do not guarantee uninterrupted operation. Scheduled maintenance, third-party outages (hosting, DNS, payment provider) and force-majeure events may cause temporary unavailability. Our liability for such unavailability is governed by Section 15.

15. Liability

1. We are liable without limitation for damages caused by intent or gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), and where we have expressly assumed a guarantee.
2. In cases of simple negligence we are liable only for breach of a material contractual obligation (an obligation the fulfilment of which is essential for the proper performance of the contract and on whose performance you typically rely). Such liability is limited to damages foreseeable and typical for this type of contract.
3. Any further liability is excluded.
4. The above limitations apply equally to our vicarious agents (Erfüllungsgehilfen) and employees.

16. Data protection

Our processing of personal data in connection with the Service is described in our Privacy Policy. Where we process personal data on your behalf as a processor within the meaning of Art. 28 GDPR, a data processing agreement (DPA) shall apply; the DPA template is available on request at hello@outofoffice.jobs.

17. Term and termination

1. These Terms apply for as long as you have any active listing or account with us.
2. You may stop using the Service at any time. Any paid listing runs for the remainder of its term unless you request early de-publication (§ 10).
3. We may suspend or terminate your account and remove listings with immediate effect for material breach of these Terms or applicable law. Fees paid for removed, non-compliant listings are not refundable.

18. Changes to these Terms

We may amend these Terms for valid reasons (legal or regulatory changes, security, or product changes requiring a contractual adjustment). We will notify you by email of material changes at least thirty (30) days before they take effect. For orders already confirmed, the Terms in force at order confirmation continue to apply.

19. Governing law and jurisdiction

1. These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Berlin, Germany, provided you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or you have no general place of jurisdiction in Germany.

20. Severability

If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain in full force. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the invalid one.