Terms of service for employers

General terms and conditions for the provision of the platform as software-as-a-service (main agreement, "Employer Self Service" package)

Version: 2026-09-12 (English courtesy translation of lizenzbedingungen-arbeitgeber.md, same version date; in the event of any discrepancy the German version prevails)

Provider: Tridion Benefits GmbH, Emil-Hoffmann-Straße 1a, 50996 Köln, Germany, Local Court of Cologne (Amtsgericht Köln) HRB 68751, VAT ID no. DE270674810, represented by its managing director Achim Trude — hereinafter the "Provider".

Licensee: the employer that books a package of the platform — hereinafter the "Employer" or "Licensee".

§ 1 Scope, conclusion of contract, group of companies

(1) These terms apply to contracts for the use of the platform "Tridion Pension Cloud" (hereinafter the "platform") by employers for the administration of the occupational pension scheme (bAV) and occupational health insurance (bKV) of their employees. They apply exclusively vis-à-vis entrepreneurs (Section 14 BGB), legal persons under public law and special funds under public law.

(2) The contract is concluded when the Employer books a package via the Provider's website, confirms these terms during the ordering process, and the Provider accepts the booking by activating access. Confirmation by the payment service provider does not yet constitute acceptance.

(3) Deviating terms and conditions of the Employer do not become part of the contract, even if the Provider does not expressly object to them. Negotiated contracts (Enterprise) take precedence over these terms.

(4) Group of companies. Where one company books for several affiliated companies (Sections 15 et seq. AktG), it names those companies to the Provider in text form. Each company named is itself the controller for the data of its own employees and concludes the data processing agreement itself or — under a power of attorney — through the booking company (§ 1 (5) DPA-Employer). The booking company is liable for the fees of all companies named.

(5) Constituent parts of the contract, in this order of precedence: the individual offer (where one exists), these licence terms, the service description (§ 3), the data processing agreement (av-arbeitgeber.md) with Annexes A to E and — for supervised licensees, on request — Annex F. For questions concerning the processing of personal data, the data processing agreement prevails.

§ 2 Requirements on the Employer's side

(1) The Employer names a natural person as administrator. Before first use, that person concludes the data processing agreement in the portal and takes note of the data protection information. Without that conclusion no access is activated. The Employer warrants that the person acting is authorised to do so.

(2) The Employer is the controller for the data of its employees. It ensures that a legal basis exists for the processing (regularly Section 26 BDSG), informs its employees pursuant to Article 13 GDPR (the Provider makes the data protection information available for this purpose) and observes the participation rights of the works council or staff council, in particular under Section 87 para. 1 no. 6 BetrVG. On request the Provider makes available the description of the logging and of the evaluation capabilities.

(3) Broker. The Employer may assign an insurance broker of its choice for advisory support in the platform, provided that broker is a licensee of the platform. The assignment, its scope and its revocation are effected by the Employer in the portal. The Provider is not a party to the relationship between the Employer and the broker and does not arrange a broker. Without an assignment, the Employer uses the platform without broker support.

§ 3 Subject matter of the service

(1) The Provider makes the platform available over the internet for the term of the contract: administration of the workforce and its pension contracts, payroll data feeds (reporting lists), processing of changes (joiners and leavers, contribution changes), and a portal for employees with access to their own pension arrangements and calculation aids. The scope per package is set out in the service description on the website at the time of booking.

(2) The "Fee-based tariffs" and "Commission-based tariffs" packages differ exclusively in the fee for the platform, not in their functional scope. Which tariffs the Employer offers its employees is decided by the Employer together with its adviser; the Provider does not arrange tariffs.

(3) The platform does not provide insurance mediation, no insurance, legal or tax advice, and does not replace pension plan rules (Versorgungsordnung). Calculations are based on the data entered and on the stored statutory calculation parameters for the respective year; they are a working aid. The structuring of the pension promise (Versorgungszusage), its implementation under employment law and the advising of employees remain with the Employer and its adviser.

(4) The platform is built for pension promises under German law (Company Pensions Act — Betriebsrentengesetz, German contribution assessment ceilings and social security rates). For employees whose employment relationship is governed by another legal system, the Employer may use the platform for administration; calculation results then do not apply.

(5) Functions that use language models (Annex D to the DPA) are not part of the service owed; they are available insofar as they are activated and may be changed or discontinued.

(6) Further development, change and discontinuation of functions: 30 days' announcement in text form; in the event of material impairment, a right of extraordinary termination as at the date the change takes effect.

§ 4 Availability, maintenance, support

(1) Availability at the handover point (router output of the data centre) 99.0 % as a monthly average; excluding announced maintenance windows, disruptions outside the Provider's area of responsibility and AI functions.

(2) Maintenance windows with 48 hours' advance notice in the portal, where possible outside Monday to Friday 07:00–20:00 hrs; security-related interventions without advance notice, explained afterwards.

(3) Support in German and English on working days (Cologne) 09:00–17:00 hrs; response time four hours within support hours where essential functions fail, otherwise one working day. Support for employees is provided via the Employer, not directly.

(4) Reduction of the fee where availability is missed, as follows: 5 % of the monthly fee for each percentage point or part thereof by which availability is missed, up to a maximum of 50 %.

§ 5 Rights of use, data

(1) For the term of the contract the Employer receives the non-exclusive, non-transferable right to use the platform for the administration of the pension arrangements of its employees (and of the companies named under § 1 (4)) and to grant access to its employees and to an assigned broker within the portals provided for that purpose.

(2) Not permitted: use for third parties, reverse engineering beyond Sections 69d, 69e UrhG, automated extraction outside documented interfaces, circumventing access restrictions.

(3) All rights in the platform remain with the Provider. The data of the Employer and its employees remains its data; the Provider does not use it for its own purposes and not for training models (§ 2 (5) DPA).

§ 6 Obligations of the Employer

(1) One account per natural person; no shared accounts; withdrawal of access on departure; use of two-factor authentication for accounts with write permissions as soon as it is made mandatory (Annex B, B.7).

(2) The Employer enters employee and remuneration data correctly and completely, or has it taken over from connected HR systems, and checks the results of such takeovers. The platform presents discrepancies as a case; the decision is taken by the Employer.

(3) The Employer instructs its users not to include in free-text fields any data going beyond the purpose of the entry (§ 8 DPA, Annex D).

(4) The Employer enters health-related information (bKV) only where a legal basis under Article 9(2) GDPR exists for doing so (§ 4 DPA).

§ 7 Fees, billing, payment

(1) Fee according to the package and the number of employees administered, in accordance with the price list applicable at the time of booking, net plus VAT.

(2) Billing via Stripe in advance for the billing period selected; the number of employees is measured at the start of each billing period against the actual stock of active employees holding a pension contract or entitlement; former employees holding a vested entitlement are not counted. Exceeding the volume leads to the next higher volume from the following billing period; reductions take effect at the end of the billing period.

(3) Trial period of 30 days without a fee; termination within the trial period ends the contract on its expiry.

(4) Price changes with 60 days' notice as at the start of a billing period; right of termination as at the date the change takes effect; where the price increases by more than 10 % within twelve months without an extension of the services, a right of extraordinary termination.

(5) Payment default: after a reminder setting a period of 14 days, restriction to read access and export. The employee portal remains open for access to employees' own pension arrangements — employees do not bear their employer's default.

§ 8 Term and termination

(1) Indefinite term; termination with 30 days' notice as at the end of a billing period in text form, in the case of annual billing three months as at the end of the billing year.

(2) Extraordinary termination for good cause remains unaffected.

(3) Where the Provider terminates by ordinary notice, its notice period is six months.

§ 9 End of contract, return of data, retention

(1) 30 days of read and export access after the end of the contract; export of all data in common, machine-readable formats (CSV/JSON per data class, documents as original files with an assignment list), in particular of the reporting lists and of each employee's pension history.

(2) No right of retention of the Provider over the data.

(3) Thereafter deletion in accordance with § 11 DPA and Annex E. Note: Claims under pension promises (Versorgungszusagen) may be asserted decades after an employee leaves. After the end of the contract the Employer bears the burden of proof itself; before exporting, it ensures that it takes over the history in full. On request the Provider offers restricted retention for evidentiary purposes for a separate fee.

§ 10 Suspension

The Provider may temporarily suspend access of individual users or of the organisation where there are specific indications that access credentials have been compromised, that the platform is being misused, or that the access poses a risk to data of other tenants. The Employer is informed without undue delay; the suspension is lifted as soon as the reason ceases to apply. Suspension on account of payment default is governed exclusively by § 7 (5).

§ 11 Warranty

Warranty under the rules of tenancy law with the exclusion of strict liability for initial defects (Section 536a para. 1 alt. 1 BGB); notification of defects without undue delay; workarounds permitted. Not defects: the consequences of erroneous input or third-party data, unsupported devices, results of AI functions.

§ 12 Liability

(1) Without limitation for intent, gross negligence, injury to life, body or health, product liability, guarantees assumed.

(2) In the event of slightly negligent breach of material contractual obligations, limited to the damage typical for this type of contract and foreseeable, at most the fee paid in the twelve months preceding the damaging event, but at least EUR 10,000 per event of damage; otherwise excluded.

(3) Loss of data: only to the extent that the loss would also have arisen had the Provider carried out proper backup.

(4) Article 82 GDPR and indemnification under § 12 (1) DPA.

(5) No liability for the structuring of the pension promise under employment and tax law, for advisory outcomes, or for decisions taken by the Employer or its employees on the basis of the platform (§ 3 (3)).

§ 13 Confidentiality, reference naming

Both parties shall treat as confidential information they receive about the other party under the contract that is marked as confidential or recognisably confidential; for the Provider this applies in particular to the Employer's portfolio and employee data, for the Employer to non-public information about the structure and security of the platform. The obligation continues for three years beyond the end of the contract. The Provider may name the Employer as a reference only with the Employer's prior consent in text form.

§ 14 Amendments to these terms, change of operator

(1) Amendments with 60 days' notice in text form, limited to reflecting changes in the legal position, in case law or in technical circumstances without unreasonable disadvantage; right of objection with a note on the consequence of silence; principal obligations and the fee excepted.

(2) Each version bears a version designation; the confirmed version is assigned to the booking transaction; earlier versions remain retrievable.

(3) Change of operator. Transfer of the contract including the data processing agreement and annexes to an affiliated company (Sections 15 et seq. AktG) that takes over operation of the platform, with 30 days' announcement naming the company name, registered office and register entry and confirming that the scope of services, the fee, the level of data protection, the processing locations and the sub-processors remain unchanged. Right of objection until the transfer takes effect; in the event of an objection, a right of extraordinary termination as at the date of the transfer with the export period extended to 90 days. Consents given continue to apply vis-à-vis the acquiring company.

§ 15 Final provisions

German law excluding the UN Convention on Contracts for the International Sale of Goods; exclusive place of jurisdiction Cologne vis-à-vis merchants (Kaufleute), legal persons under public law and special funds under public law; text form for amendments; severability clause with recourse to the statutory provision; the German version is binding.

Incorporation. These terms are displayed before conclusion during the booking process and linked with a version designation; the Employer confirms them by ticking a box. The payment service provider records the confirmation with a timestamp; the confirmed version is assigned to the transaction. The data processing agreement is concluded separately in the portal (§ 2 (1)).