Terms of Use.

1.1 Provider

These Terms of Use govern the use of the cloud-based software solution nexo.AgenticLoop (“nexo.AgenticLoop” or the “Platform”), provided by:

NEXOMITE UG (haftungsbeschränkt) Registered office: Berlin Local Court of Berlin (Charlottenburg) HRB 291925

– hereinafter referred to as “NEXOMITE”.

1.2 Exclusive Use by Business Customers

nexo.AgenticLoop is intended exclusively for businesses within the meaning of Section 14 of the German Civil Code (BGB).

Contracts with consumers within the meaning of Section 13 BGB are not concluded.

By entering into the contract, the Customer confirms that it uses nexo.AgenticLoop exclusively in the course of its commercial or self-employed professional activities.

1.3 Applicability of these Terms of Use

These Terms of Use apply to all contracts concerning the use of nexo.AgenticLoop, unless individual agreements deviating from these Terms of Use have been concluded between NEXOMITE and the Customer.

Individual agreements take precedence over these Terms of Use.

The Customer’s general terms and conditions shall not apply unless NEXOMITE has expressly agreed to their applicability in text form.

2.1 SaaS Platform

NEXOMITE provides the Customer with nexo.AgenticLoop as a cloud-based Software-as-a-Service solution.

The Platform may include functions in the following areas in particular:

• AI-powered content creation,
• social media planning and management,
• social media publishing,
• social media analytics,
• Recruiting Intelligence,
• analysis of recruiting data,
• identification of recruiting opportunities,
• social recruiting,
• campaign planning and management,
• automated workflows,
• approval processes,
• tracking and analytics,
• integration with recruiting systems,
• integration with social media platforms,
• AI-powered recommendations and automations.

2.2 Individual Scope of Services

The functions available to the Customer depend on the selected plan, any additional services purchased and, where applicable, an individually agreed scope of services.

Not all functions are included in every plan.

2.3 Further Development

NEXOMITE continuously develops nexo.AgenticLoop.

Functions may therefore be extended, improved or technically modified.

This may be necessary in particular due to technological developments, security requirements, changes to third-party interfaces or legal requirements.

3.1 Offer

Product descriptions, pricing information and other information on the website generally do not constitute a binding offer to conclude a contract unless expressly designated as such.

3.2 Formation of the Contract

The contract is concluded in particular through:

• acceptance of an individual offer,
• subscription to a plan,
• registration followed by activation, or
• another express confirmation by NEXOMITE.

3.3 Authority to Represent

The Customer shall ensure that the person entering into the contract on behalf of the company is duly authorized to do so.

4.1 Customer Account

A customer account is generally required to use nexo.AgenticLoop.

4.2 Customer Information

The Customer undertakes to provide complete and accurate information during registration and to update such information promptly if it changes.

4.3 Access Credentials

Access credentials must be treated as confidential and protected against access by unauthorized third parties.

4.4 User Accounts

Depending on the selected plan, the Customer may create multiple user accounts.

The Customer is responsible for managing its users and their permissions.

4.5 Security Incidents

The Customer shall inform NEXOMITE without undue delay if it becomes aware of any unauthorized access or other security incident relating to its customer account.

nexo.AgenticLoop may provide different user roles and permission levels.

These may include, for example:

• Organization Owner,
• Organization Admin,
• Global HR Admin,
• Country Admin,
• Local HR,
• Recruiter,
• Marketing,
• Editor,
• Viewer.

The specific functionality and available roles depend on the applicable plan.

The Customer is responsible for granting its users only those permissions required for their respective tasks.

The Customer may use nexo.AgenticLoop only in accordance with applicable laws and these Terms of Use.

In particular, the following are prohibited:

• use for unlawful purposes,
• infringement of third-party rights,
• transmission of malware,
• circumvention or manipulation of technical security measures,
• unauthorized access to other customer accounts or tenants,
• unauthorized reading or extraction of data,
• misuse of API interfaces,
• automated access outside the interfaces provided by NEXOMITE,
• impairment or overloading of the technical infrastructure,
• use for creating or distributing unlawful content.

In the event of material violations, NEXOMITE may take appropriate measures, including temporarily restricting or blocking the affected access.

7.1 Customer Data

The Customer remains the owner of the data and content it enters into nexo.AgenticLoop, insofar as it holds the corresponding rights thereto.

7.2 Required Rights of Use

The Customer grants NEXOMITE the rights necessary to technically provide the contractually agreed services.

These rights are limited to the performance of the contract and exist only to the extent and for as long as necessary for this purpose.

7.3 Responsibility for Content

The Customer is responsible for ensuring that the data and content it provides may be lawfully processed and used.

This applies in particular to:

• texts,
• images,
• videos,
• logos,
• trademarks,
• job advertisements,
• company data,
• social media data,
• recruiting data, and
• other content.

nexo.AgenticLoop uses artificial intelligence technologies for certain functions.

8.1 AI-Generated Results

AI-generated content, analyses, recommendations and other results may be inaccurate, incomplete or unsuitable for a particular use case.

The Customer is therefore responsible for appropriately reviewing results before using or publishing them.

8.2 No Guarantee for AI Results

NEXOMITE does not guarantee that AI-generated results are:

• complete,
• error-free,
• up to date,
• legally permissible,
• free from factual or content-related errors, or
• suitable for a particular purpose.

8.3 Customer Responsibility

Responsibility for the final use, approval and publication of AI-generated content remains with the Customer.

This applies in particular to publicly published content and business-relevant decisions.

nexo.AgenticLoop may analyze recruiting data and derive recommendations, alerts and suggested actions from such data.

This may include, among other things:

• application volumes,
• development of application volumes,
• time since publication,
• historical benchmarks,
• job categories,
• location,
• recruiting priorities,
• campaign data, and
• social media performance.

9.1 Analysis Rather Than Decision-Making

The functions of nexo.AgenticLoop are intended to support and assist the Customer through analysis.

nexo.AgenticLoop does not independently make decisions regarding the hiring, rejection or other treatment of individual applicants.

9.2 Data Basis

The quality of analyses and recommendations depends, among other things, on the quality, completeness and currency of the available data.

9.3 No Guarantee of Recruiting Success

NEXOMITE does not guarantee any particular recruiting outcome.

In particular, no specific number of applications, qualified applications, hires or other results is guaranteed.

nexo.AgenticLoop may provide interfaces to external social media platforms.

These may include in particular:

• LinkedIn,
• Instagram,
• Facebook,
• YouTube,
• X,
• and other platforms.

10.1 Requirements

Use of an integration may require the Customer to maintain its own account with the relevant third-party provider and to grant the corresponding access permissions.

10.2 Third-Party Terms

The Customer is responsible for complying with the terms of use, policies and requirements of the respective third-party providers.

10.3 Changes by Third Parties

NEXOMITE has no control over changes to:

• APIs,
• API limits,
• platform policies,
• approval processes,
• technical functions,
• account restrictions, or
• other services provided by third parties.

Such changes may impair the availability or functionality of individual nexo.AgenticLoop features.

Where corresponding functions are available, nexo.AgenticLoop may prepare, schedule or automatically publish content.

The Customer decides which automations are activated.

The Customer is particularly responsible for:

• the content used,
• publication times,
• target audiences,
• social media accounts,
• approval processes, and
• automation rules.

NEXOMITE does not guarantee any particular reach, engagement or conversion.

nexo.AgenticLoop may provide interfaces to recruiting systems.

These may include, among others:

• SmartRecruiters,
• SAP SuccessFactors Recruiting,
• Workday,
• Greenhouse,
• Lever,
• iCIMS,
• Oracle Recruiting,

as well as other systems.

The integrations actually available are determined by the respective product offering.

The Customer shall provide the required technical access credentials and permissions.

NEXOMITE shall not be responsible for failures, changes or restrictions affecting external systems to the extent that NEXOMITE is not responsible for such circumstances.

nexo.AgenticLoop may collect data for the analysis of campaigns and user interactions.

This may include, for example:

• impressions,
• clicks,
• visits,
• campaign parameters,
• applications,
• qualified applications,
• conversion data, and
• other metrics.

The completeness and accuracy of the data may depend on external platforms, tracking settings, browsers, technical limitations and connected systems.

Complete recording of all user interactions is therefore not guaranteed.

14.1 Credits

Certain AI functions may be billed or limited through a credit system.

Credits do not constitute a means of payment, electronic money or any other financial instrument.

14.2 Credit Consumption

Credit consumption is based on the number of credits specified for the respective function.

NEXOMITE may adjust the number of credits required for individual functions where this is necessary due to technical or functional changes.

14.3 Included Credits

Credits included in the respective plan may generally only be used during the applicable billing period unless otherwise specified in the relevant plan.

14.4 Additional Credits

Where offered, additional credit packages may be purchased.

The applicable prices and conditions will be displayed before purchase.

15.1 Prices

The prices agreed upon at the time the contract is concluded shall apply.

All prices are exclusive of the applicable statutory value-added tax.

15.2 Billing Period

Billing takes place monthly or annually, depending on the selected plan.

15.3 Payment Processing

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides payment-related customer service inquiries and handles returns. Paddle’s Buyer Terms additionally govern payment, billing, tax, cancellation and refund mechanics.

15.4 Late Payment

The statutory provisions shall apply in the event of late payment.

After providing reasonable prior notice, NEXOMITE may restrict or suspend access to paid functions to the extent permitted by law.

The obligation to pay claims that have already arisen shall remain unaffected.

16.1 Contract Term

The contract term is determined by the selected plan or individual agreement.

16.2 Contract Renewal

Where agreed, the contractual relationship shall automatically renew for the agreed period unless terminated within the applicable notice period.

16.3 Termination

The contract may be terminated using the relevant function within nexo.AgenticLoop or in text form.

16.4 End of Contract

Upon expiry of the contract, the Customer's right to use the Platform shall end unless otherwise agreed.

16.5 Extraordinary Termination

The right to terminate the contract for good cause without notice remains unaffected.

NEXOMITE may temporarily suspend a customer account where necessary, in particular in the event of:

• significant security risks,
• unauthorized access,
• material breach of these Terms of Use,
• misuse,
• late payment following appropriate prior notice, or
• statutory obligations.

Where possible, NEXOMITE shall inform the Customer before suspension and provide an opportunity to remedy the issue.

NEXOMITE endeavors to ensure reliable and, to the extent possible, uninterrupted availability of nexo.AgenticLoop.

Continuous availability is not guaranteed unless expressly agreed in a Service Level Agreement.

Maintenance, updates and technical developments may result in temporary restrictions.

Planned material maintenance work will, where possible, be announced in advance.

The Customer may export its data using the export functions provided by NEXOMITE.

The Customer is responsible for securing any data relevant to it in good time before the end of the contract.

After termination, NEXOMITE may delete Customer data after a reasonable period, unless statutory retention obligations prevent such deletion.

NEXOMITE processes personal data in accordance with applicable data protection laws.

Further details are set out in NEXOMITE's Privacy Policy.

Where NEXOMITE processes personal data on behalf of the Customer and the statutory requirements are met, the parties shall enter into a Data Processing Agreement.

The Customer remains responsible for the lawfulness of the processing of personal data initiated by it, insofar as it is the data controller under applicable data protection law.

NEXOMITE implements appropriate technical and organizational measures to protect the Platform and the data processed.

The specific scope of security services may depend on the selected plan and, where applicable, individual agreements.

Additional security requirements may be agreed with Enterprise customers.

All rights to nexo.AgenticLoop and its components remain with NEXOMITE or the respective rights holders.

This includes in particular:

• software,
• source code,
• user interfaces,
• designs,
• technical concepts,
• database structures,
• trademarks,
• logos,
• documentation,
• non-customer-specific content, and
• technical developments.

For the duration of the contract, the Customer receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the Platform within the contractually agreed scope.

The Customer may provide NEXOMITE with feedback, suggestions for improvements and feature requests.

NEXOMITE may use such suggestions for the further development of nexo.AgenticLoop.

No claims for remuneration or participation shall arise from such suggestions.

Confidential information of the Customer remains unaffected.

24.1 Unlimited Liability

NEXOMITE shall be liable without limitation for damages:

• arising from injury to life, body or health, insofar as NEXOMITE is responsible for the breach of duty,
• in cases of intent,
• in cases of gross negligence, and
• in cases of mandatory statutory liability.

24.2 Material Contractual Obligations

In the event of a slightly negligent breach of material contractual obligations, NEXOMITE shall only be liable for the foreseeable damage typical for the contract.

Material contractual obligations are obligations whose fulfillment is essential for the performance of the contract and on compliance with which the Customer may regularly rely.

24.3 Other Liability

In all other respects, NEXOMITE's liability is excluded to the extent permitted by law.

24.4 Employees and Agents

The limitations of liability shall apply accordingly for the benefit of NEXOMITE's legal representatives, employees and vicarious agents.

nexo.AgenticLoop supports companies in planning, creating, automating and analyzing social media and recruiting activities.

NEXOMITE does not guarantee any particular commercial success.

In particular, no specific number of:

• applications,
• qualified applications,
• hires,
• leads,
• customers,
• clicks,
• impressions,
• reach,
• conversions, or
• revenue

is guaranteed.

The Customer shall indemnify and hold NEXOMITE harmless against justified third-party claims to the extent that such claims are based on unlawful use of nexo.AgenticLoop attributable to the Customer or on content provided by the Customer.

This applies in particular to claims arising from an infringement attributable to the Customer involving:

• copyrights,
• trademark rights,
• personality rights,
• data protection rights, or
• other third-party rights.

The indemnification shall also cover reasonable legal defense costs.

The indemnification shall not apply to the extent that NEXOMITE is itself responsible for the relevant infringement.

The parties undertake to treat confidential information of the respective other party as confidential.

This applies in particular to non-public business, technical and economic information.

This obligation does not apply to information that:

• is publicly known,
• becomes public without breach of a confidentiality obligation,
• was already lawfully known to the recipient, or
• must be disclosed due to statutory obligations.

Separate confidentiality agreements remain unaffected.

NEXOMITE is entitled to further develop and modify nexo.AgenticLoop technically.

This may be necessary in particular due to:

• technological developments,
• security requirements,
• changes to third-party interfaces,
• legal requirements,
• new technical standards, or
• improvements to the Platform.

The essential nature of the contractually agreed services shall remain unchanged unless expressly agreed otherwise.

NEXOMITE may amend these Terms of Use where there is a legitimate objective reason and the amendment is reasonable in consideration of the Customer's interests.

An objective reason may include, in particular:

• changes in the legal framework,
• technological developments,
• changes to the scope of services,
• changes to third-party services, or
• organizational changes.

NEXOMITE shall inform the Customer appropriately of material changes.

Where the Customer's consent is legally required, such consent shall be obtained before the amendment takes effect.

The Customer may only set off claims that are undisputed or have been finally adjudicated.

A right of retention may only be exercised insofar as it arises from the same contractual relationship.

Mandatory statutory rights remain unaffected.

The Customer may assign claims arising from the contractual relationship only with the prior consent of NEXOMITE, insofar as such consent is legally required.

This shall not apply to monetary claims unless otherwise provided by law.

The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

If the Customer is a registered merchant, a legal entity under public law or a special fund under public law, Berlin shall be the place of jurisdiction for all disputes arising from or in connection with the contractual relationship, to the extent legally permissible.

Should individual provisions of these Terms of Use be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

The statutory provisions shall apply in place of any invalid or unenforceable provision.

Individual agreements between NEXOMITE and the Customer shall take precedence over these Terms of Use.

NEXOMITE UG (haftungsbeschränkt) Registered office: Berlin Local Court of Berlin (Charlottenburg) HRB 291925

nexo.AgenticLoop A product of NEXOMITE UG (haftungsbeschränkt)

Version: September 2026