Version 5 · 28 Apr 2026
1.1 These Terms of Service (the "Terms") govern the use of the web application accessible at app.fractionista.com, including its authentication subdomain auth.fractionista.com (together, the "Platform"), in the preview phase temporarily operated by GZE Advisory (Gregor Zehetner) ("Fractionista", "we", "us").
1.2 The marketing website at fractionista.com / www.fractionista.com is not covered by these Terms.
1.3 By creating an account, accessing, or otherwise using the Platform, you ("User", "you") agree to these Terms. If you are acting on behalf of a legal entity, you warrant that you are authorised to bind that entity, and "you" includes that entity.
2.1 The Platform is a two-sided business marketplace enabling:
(a) self-employed fractional and interim C-level executives ("CxO Candidates") to publish professional profiles; and
(b) companies ("Companies") to publish mandates ("Job Offers") and discover CxO Candidates.
2.2 Fractionista is a pure intermediary. We do not become a party to any engagement, mandate, employment, service or other agreement concluded between a CxO Candidate and a Company. We do not act as an employment agency, personnel leasing operator, recruiter of record, or paymaster. Any contract between User parties is concluded solely between them, on terms they negotiate between themselves, and outside the Platform.
2.3 Fractionista does not guarantee that any Job Offer will be filled, that any CxO Candidate will receive mandates, or that the Platform will generate any specific business outcome for any User.
3.1 The Platform is offered exclusively to entrepreneurs and businesses in the sense of § 1 UGB / § 1 KSchG (Austria) and comparable provisions of other jurisdictions. It is not directed at consumers.
3.2 By registering, you represent and warrant that you are either:
(a) a self-employed professional ("Selbstständige(r)", "Einzelunternehmer(in)", "Freiberufler(in)") acting within the scope of your independent professional activity; or
(b) a legal entity, or a natural person duly authorised to act for a legal entity, acting in the course of its trade, business, craft, or profession.
3.3 Consumers within the meaning of § 1 para 1 no. 2 KSchG are not permitted to register or use the Platform. Consumer-protection provisions, including in particular the right of withdrawal under the Fern- und Auswärtsgeschäfte-Gesetz (FAGG), do not apply.
3.4 Users must be at least eighteen (18) years old and have full legal capacity.
4.1 Registration requires a valid email address. Authentication is performed via magic-link or via Google OAuth. No passwords are stored by Fractionista.
4.2 You must provide accurate, complete, and up-to-date information and keep it current. You are responsible for maintaining the security of your email account and Google account used for sign-in. Any activity occurring under your account will be attributed to you.
4.3 Upon registration, each User selects one of the following roles: CxO Candidate or Company. The role determines the features available and cannot be switched without contacting us; we reserve the right to decline role changes.
4.4 The administrator role is assigned solely by Fractionista. It cannot be self-assigned, requested, or purchased.
4.5 Each natural person may hold only one account per role. Each legal entity may hold only one Company account. Fractionista may merge, suspend, or terminate duplicate accounts without prior notice.
5.1 Acceptance of these Terms and of the Privacy Policy is captured at registration and recorded with a timestamp and version string in your user record.
5.2 We may publish revised versions of these Terms. Material changes will be notified by email and/or in-app notice at least thirty (30) days before they take effect, together with a summary of the changes. If you continue to use the Platform after the effective date of the revised Terms, you are deemed to accept them. If you object, your sole remedy is to terminate your account in accordance with §17.
5.3 Technical or non-material changes (typo corrections, clarifications, changes required by law or by sub-processors) may take effect immediately.
6.1 A CxO Candidate profile may include only information the User is legally entitled to publish, in particular: professional biography, roles, industries, availability, location, LinkedIn URL, and profile photo.
6.2 You warrant that your profile information is accurate and not misleading, that you hold the rights to all content you publish (including photos), and that the publication does not violate any third-party rights, confidentiality obligations, or non-compete clauses from prior engagements.
6.3 You may set your profile to private at any time. Soft-deleting or deactivating the account will also remove the profile from discovery.
6.4 Publication of the profile triggers review by Fractionista (see §8). Activation is at Fractionista's discretion.
7.1 A Company profile requires true and accurate corporate information, including at minimum the legal name, registered address, commercial register number (where applicable), and VAT ID (where applicable).
7.2 Job Offers must describe a genuine mandate or engagement opportunity. Offers that are fictitious, speculative (e.g. "talent pipelining" without an actual mandate), for positions outside the scope of fractional/interim C-level work, or that misrepresent their nature, are prohibited.
7.3 Job Offers must comply with applicable anti-discrimination law, in particular the Gleichbehandlungsgesetz (AT) and, where relevant, the AGG (DE). Offers must not contain discriminatory requirements regarding gender, age, ethnicity, religion, disability, sexual orientation, or any other protected characteristic, except where objectively justified and legally permissible.
7.4 Compensation indications (hourly rate, fixed monthly, or flexible) are non-binding on Fractionista; the actual contract terms are a matter between the Company and the selected CxO Candidate.
8.1 Fractionista performs a best-effort review of CxO Candidate and Company submissions to maintain overall pool quality. This review is a plausibility check only. It is not a background check, credit check, reference check, identity verification in the legal sense, or a warranty of professional qualifications.
8.2 The "verified" badge displayed on certain profiles signals that Fractionista has, to a reasonable extent, cross-checked the name or company identifier against a publicly available source. It does not constitute a guarantee of the User's existence, truthfulness, qualifications, availability, integrity, or suitability for any specific mandate.
8.3 Users engaging with each other are solely responsible for their own due diligence. Fractionista accepts no liability for any reliance placed on the verified badge or on any other information displayed on the Platform.
8.4 Fractionista may refuse activation, remove, suspend, or un-verify any profile at its discretion, in particular where the plausibility check raises concerns.
9.1 Companies may subscribe to paid tiers (currently: Professional, Enterprise), as described on the pricing page at the time of purchase. CxO Candidates use the Platform free of charge.
9.2 Free Tier. Fractionista currently offers Companies a free tier that allows, among other things, publication of a limited number of Job Offers. The free tier is a revocable gratuitous service. Fractionista may, at any time and without prior notice, modify, restrict, or discontinue the free tier in whole or in part, introduce usage limits, or gate additional features behind paid tiers. Free-tier Users acquire no right, expectation, or claim to the continued availability of the free tier or of any specific free-tier feature.
9.3 Subscription term. Paid subscriptions run for the period selected at checkout (monthly or annual). They renew automatically for the same period unless cancelled before the end of the current period.
9.4 Cancellation. Companies may cancel a paid subscription at any time with effect at the end of the then-current billing period. No pro-rata refunds are granted for partial periods, except where mandatory law requires otherwise.
9.5 Price changes. We may change subscription prices. Any price increase will be notified at least sixty (60) days in advance by email. You may terminate the subscription with effect at the date the new price takes effect; if you do not terminate, the new price applies from the next renewal.
9.6 Payment processing. Payments are processed by Stripe Payments Europe, Ltd. Fractionista does not receive or store your full card data. You are bound by Stripe's terms with respect to the payment itself.
9.7 Taxes. All prices are stated excluding value added tax (VAT), which will be added where applicable.
9.8 Default. In the event of payment failure, we may suspend access to paid features after a reasonable grace period and, after a further reasonable period, terminate the subscription. Account data is preserved in accordance with §17 and the Privacy Policy.
10.1 You retain ownership of all content you submit (profile text, biography, photos, logos, Job Offer descriptions, etc.) ("User Content").
10.2 You grant Fractionista a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, adapt (to the extent necessary for the technical operation of the Platform), and display your User Content on the Platform for the purpose of operating the Service as described in these Terms, in accordance with your visibility settings and the tiered visibility model described in §11.
10.3 The licence terminates when the User Content is deleted, except to the extent continued retention is necessary to comply with legal obligations, to resolve disputes, or to enforce these Terms.
10.4 You warrant that you hold all rights necessary to grant the licence under §10.2, that your User Content does not infringe any third-party rights, and that it does not contain unlawful, defamatory, offensive, discriminatory, or misleading material.
11.1 The Platform implements a tiered visibility model for CxO Candidate profile data. Depending on the viewing User's role and subscription tier, different levels of detail are returned by the Platform (see Privacy Policy for details).
11.2 You acknowledge that this tiered visibility model is a feature, not a warranty. Once data has been disclosed at a given tier, Fractionista cannot retrieve or revoke copies that have already been viewed, cached, or stored by a recipient, notwithstanding the prohibitions in §12.
12.1 You may not:
(a) use the Platform in violation of applicable law or these Terms;
(b) impersonate any person or entity, or misrepresent your affiliation;
(c) upload malware, exploit vulnerabilities, or attempt to gain unauthorised access to any part of the Platform or any account;
(d) use the Platform to transmit unsolicited commercial communications to other Users;
(e) interfere with or disrupt the Platform, its servers, or its networks;
(f) circumvent, disable, or attempt to defeat any security feature, rate limit, visibility restriction, or access control (including the tiered visibility model in §11);
(g) use the Platform for any purpose competing with Fractionista, in particular building, populating, or enriching a competing database of fractional or interim executives.
12.2 Prohibited automated and extractive use. Without Fractionista's prior written consent, you may not, and may not permit any third party on your behalf to:
(a) access, crawl, scrape, index, download, reproduce, or store Platform content or User data by any automated means, including bots, crawlers, spiders, scrapers, headless browsers, AI agents, browser extensions, or any similar tool;
(b) extract, copy, or compile User Content, profile data, or Job Offer data into any dataset, file, database, index, training corpus, or derivative work;
(c) contact CxO Candidates or Companies outside the Platform in a bulk, automated, or systematic manner, including via mass messaging, mail merges, or similar techniques;
(d) use the Platform to identify candidates for the purpose of proposing them to third parties on a competing platform, staffing service, or executive-search database;
(e) aggregate profile, industry, or availability information from multiple Users for onward publication, resale, benchmarking, or any other commercial use.
12.3 Liquidated damages. Without prejudice to any further damages and injunctive relief, you agree to pay Fractionista a contractual penalty of EUR 10,000 per instance of breach of §12.2 (each scraped session, each bulk outreach campaign, or each extracted dataset counting as a separate instance). The reasonableness of the penalty shall not be subject to judicial moderation (richterliches Mäßigungsrecht) to the extent permitted between entrepreneurs under Austrian law. Fractionista may claim further damages in excess of the penalty.
12.4 Enforcement. Fractionista may suspend or terminate accounts in breach of this §12 without prior notice, preserve forensic evidence (including audit logs and IP records as described in the Privacy Policy), and pursue all available remedies, including injunctive relief.
13.1 Fractionista provides the Platform on a best-effort basis. We do not warrant that the Platform will be available uninterruptedly, error-free, at any particular performance level, or at any particular time.
13.2 Scheduled maintenance, emergency maintenance, incidents at sub-processors (Supabase, Vercel, Stripe, Resend, Google), force majeure events, and third-party network issues may result in temporary unavailability.
13.3 No liability for lost profits arising from temporary unavailability. Without prejudice to §14, Fractionista's liability for lost profits, lost savings, lost business opportunities, lost mandates, or lost revenue arising out of or in connection with any temporary unavailability of the Platform is excluded to the maximum extent permitted by law.
13.4 No service-level agreement, uptime commitment, or credit is granted unless expressly agreed in a separate written agreement signed by an authorised representative of Fractionista.
14.1 The Platform, all User Content displayed on it, and all information displayed on it are provided "as is" and "as available".
14.2 Fractionista makes no representation or warranty — express, implied, or statutory — regarding:
(a) the truthfulness, accuracy, completeness, or currency of any User Content, including any profile, Job Offer, or availability information;
(b) the identity, qualifications, integrity, or solvency of any User;
(c) the outcome of any interaction, negotiation, or contract concluded between Users;
(d) the suitability of the Platform for any particular purpose;
(e) the uninterrupted or error-free operation of the Platform.
14.3 All implied warranties are excluded to the maximum extent permitted by law.
15.1 Fractionista is liable without limitation for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), for damages arising from injury to life, body or health caused by a breach of duty attributable to Fractionista, and where liability is otherwise mandatory under applicable law (including, where applicable, the Produkthaftungsgesetz).
15.2 For slight negligence (leichte Fahrlässigkeit), liability is limited as follows:
(a) For paid-tier Users: Fractionista is liable only for the breach of material contractual obligations ("Kardinalpflichten", i.e. obligations whose fulfilment is essential to the proper performance of the contract and on whose fulfilment the User may reasonably rely). Liability is capped at the total fees paid by the User to Fractionista in the twelve (12) months preceding the event giving rise to the claim, or, if no fees have been paid in that period, at EUR 500.
(b) For free-tier Users and CxO Candidates: Liability for slight negligence is excluded to the maximum extent permitted by law. This exclusion reflects the gratuitous nature of the service provided to these Users.
15.3 In all cases, liability is limited to typical and foreseeable direct damages. Liability for lost profits, indirect, consequential, incidental, or punitive damages, lost savings, lost business opportunities, lost mandates, lost data (beyond the cost of restoration from backup), loss of goodwill or reputation is excluded to the maximum extent permitted by law.
15.4 The limitations in this §15 apply to all claims on any legal basis (contract, tort, unjust enrichment, culpa in contrahendo, or otherwise) and also benefit the employees, officers, contractors, and sub-processors of Fractionista.
15.5 Fractionista is not liable for the acts or omissions of any other User, in particular not for the content of any User's profile or Job Offer, or for the performance or non-performance of any engagement concluded between Users.
16.1 You will indemnify and hold harmless Fractionista from and against any third-party claim arising out of or in connection with (a) your User Content, (b) your use of the Platform in breach of these Terms or applicable law, (c) your interaction or contractual relationship with another User, or (d) your breach of any representation or warranty in these Terms. This includes reasonable legal fees and costs.
16.2 Fractionista will notify you promptly of any such claim, allow you, at your cost, to control the defence (subject to Fractionista's reasonable approval of counsel), and cooperate reasonably in the defence.
17.1 These Terms take effect upon acceptance and remain in force for as long as your account exists.
17.2 Termination by the User. You may terminate your account at any time through the Platform's account deletion flow (see §18) or by written notice to legal@fractionista.com. Termination of a paid subscription takes effect at the end of the then-current billing period (§9.4).
17.3 Ordinary termination by Fractionista. Fractionista may terminate your account for convenience with thirty (30) days' written notice by email. Any pre-paid unused subscription period will be refunded on a pro-rata basis.
17.4 Extraordinary termination / suspension. Fractionista may suspend or terminate your account without prior notice and without refund in case of:
(a) material breach of these Terms, including breach of §§3, 7.3, 10.4, or 12;
(b) reasonable suspicion of fraudulent, unlawful, or abusive use of the Platform;
(c) risk to the security, integrity, or reputation of the Platform or of other Users;
(d) payment default that is not cured within a reasonable period after notice;
(e) insolvency, liquidation, or comparable proceedings over the User.
17.5 Suspension is a lesser measure than termination and may be imposed pending investigation.
18.1 You may request account deletion from the Danger Zone in your account settings. Upon request, your account is marked for deletion, your profile is immediately hidden from discovery, and a 28-day grace period begins during which you may cancel the deletion.
18.2 After the grace period, Fractionista will delete your account and associated personal data in accordance with the Privacy Policy, subject to retention required by law (including tax and commercial record-keeping obligations under the BAO / UGB for billing and payment data).
18.3 Deleted data cannot be recovered.
19.1 Subject to §10, all rights in and to the Platform — including software, source code, databases (sui generis right within the meaning of §§ 76c ff UrhG), design, trademarks, and know-how — belong to Fractionista or its licensors. No rights are granted to you beyond the right to use the Platform as described in these Terms.
19.2 The "Fractionista" name and logo are protected. You may not use them without prior written consent, except for factual references permitted by law.
20.1 The Platform relies on sub-processors (including Supabase, Vercel, Stripe, Resend, Google) as described in the Privacy Policy. Your use of features involving those sub-processors (e.g. Google OAuth sign-in, Stripe-hosted checkout) is additionally governed by their respective terms. Fractionista is not responsible for the acts or omissions of those sub-processors beyond what is required by applicable data-protection law.
21.1 The processing of personal data in connection with the Platform is described in the [Privacy Policy] at app.fractionista.com/privacy. By using the Platform, you acknowledge that you have read and understood it.
21.2 Where you process personal data of others through the Platform (e.g. a Company employee publishing Job Offers), you do so as an independent controller and are responsible for your own compliance under the GDPR and applicable national law.
22.1 These Terms and any dispute arising out of or in connection with them, including non-contractual claims, are governed by the laws of Austria, excluding its conflict-of-laws rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
22.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Vienna, Austria, provided that the dispute is between entrepreneurs. Fractionista may, at its option, also sue at the User's general venue.
23.1 Written form. Amendments and side-agreements to these Terms require at least text form. A waiver of this clause also requires text form.
23.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force. The invalid provision is deemed replaced by a valid provision that comes closest to the economic purpose of the original.
23.3 Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. Fractionista may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
23.4 No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
23.5 Language. These Terms are drafted in English, which is the binding version. Any translation (including any German translation that may be offered for convenience) is for information only; in the event of any discrepancy, the English version prevails.
23.6 Entire agreement. These Terms, together with the Privacy Policy and any pricing terms presented at checkout, constitute the entire agreement between you and Fractionista regarding the Platform and supersede any prior arrangements.
23.7 Contact.
Fractionista — in the preview phase temporarily operated by GZE Advisory (Gregor Zehetner
Email: legal@fractionista.com
Data protection: privacy@fractionista.com
Security disclosures: security@fractionista.com