Terms and Conditions of Use and Sale
Terms and Conditions of Use and Sale
1. Identification of TalentFindr
TalentFindr is a registered trademark operated by Kaia, a simplified joint-stock company registered with the Evry Trade and Companies Register under number 932 089 659. Its headquarters are located at 1 square La Bruyère, 91000 Evry-Courcouronnes. TalentFindr can be contacted at the following email address: georges@talentfindr.ai
2. Services offered
TalentFindr publishes and operates a SaaS (Software as a Service) artificial intelligence solution (referred to as the "Platform") offering its clients seeking to recruit (referred to as the "Clients") a service allowing them to optimize the search for suitable profiles (referred to as the "Services").
3. Information on the General Terms and Conditions
The present general conditions (the “General Terms”) constitute the sole document governing the contractual relationships between TalentFindr and the Client and define the conditions of use of its Services and the respective obligations of the parties.
The Client can find them via a direct link at the bottom of the Platform’s page.
The Client accepts the General Terms by checking a box on the registration form. They may be supplemented by specific conditions which, in case of contradiction, take precedence over the general conditions.
4. Conditions for accessing the services
(i) The Client is a legal entity acting through an individual who has the power or authority to enter into a contract on its behalf.
(ii) The Client is a professional, defined as any natural or legal person acting for purposes related to its commercial, industrial, artisanal, liberal, or agricultural activity, including when acting on behalf of or for another professional.
5. How to access and subscribe to the services
To benefit from the Services, the Client can contact TalentFindr by any useful means, and in particular at the address mentioned in the article “Identification of TalentFindr” in order to discuss the Services the Client wishes to subscribe to. The Client will provide TalentFindr with all the information related to its needs. TalentFindr is free to refuse any subscription request for the Services made by the Client if it does not meet the conditions provided for in the article “Conditions for Accessing the Services” or for any other reason that is its own and discretionary.
Following these exchanges, TalentFindr will send the Client via email a link allowing them to subscribe directly to the Services online. To subscribe to the Services, the Client must fill out the form located on the link sent by TalentFindr or directly on the platform. Registration automatically leads to the opening of an account in the Client’s name (the “Account”) which allows them to access the Services using their username and password.
Once the Client's Account is created, the Client is free to create accesses for users (the “Users”) within the limit of the number indicated in the subscribed Services.
The Client is solely responsible for creating accesses for the Users, defining their access rights, and their personal use of the Platform.
6. Description of services
6.1. Services
Prior to any subscription, the Client acknowledges that they can become familiar with the characteristics of the Services and their constraints, particularly technical constraints, on the Platform.
The Client acknowledges that the implementation of the Services requires an Internet connection and that the quality of the Services depends on this connection, which TalentFindr is not responsible for. The Services that the Client has subscribed to are described on the Platform, and the Client has access to the following Services:
Target profiles of candidates that meet the search criteria set forth by the client
Through its Platform, TalentFindr enables the Client to target candidates' profiles that best meet the criteria set by the Client on the Platform as part of their recruiting search. The Client expressly acknowledges that the profiles offered by TalentFindr must have a profile on the LinkedIn social network. For each search, the Client must provide a job description for which they wish to recruit and any information they deem necessary for this recruitment.
Access to a dashboard
The Client has access to a dashboard (or Dashboard) allowing them to create candidate profile searches (the "Sourcing") and track the candidate profiles proposed by TalentFindr (the "Candidates") in relation to the criteria set forth by the Client in their Sourcing. The Client can create a Sourcing by copying and pasting a job description they are currently recruiting for. The content may be written in French or English.
Access to automated personalized messages for candidates
The Client can use personalized messages generated by TalentFindr to contact Candidates. The Client can contact Candidates directly via their LinkedIn account, which they can connect to the Platform. The Client can also create automated contact campaigns via LinkedIn, allowing them to send automated outreach through the Platform.
Access to enriched data
The Client can subscribe to additional options enabling them to obtain enriched data. The type and number of additional or enriched information are indicated on the Platform and are credited to the balance of credits subscribed by the Client (“Credits”). TalentFindr reserves the right to offer any other Service. Any request to modify the subscribed Services must be subject to a new subscription.
6.2. Complementary services
6.2.1. Maintenance
During the duration of the Services, the Client benefits from maintenance, including corrective and evolutionary maintenance. In this context, access to the Platform may be limited or suspended. Regarding corrective maintenance, TalentFindr makes its best efforts to provide the Client with corrective maintenance to correct any malfunction or bug noted on the Platform.
Regarding evolutionary maintenance, the Client benefits during the duration of the Services from evolutionary maintenance, which TalentFindr may carry out automatically and without notice, and which includes improvements to the Platform's features, the addition of new features and/or technical installations used within the framework of the Platform (aiming to introduce minor or major extensions).
Access to the Platform may also be limited or suspended for reasons of planned maintenance, which may include the above-mentioned corrective and evolutionary maintenance operations.
6.2.2. Hosting
TalentFindr ensures, on a best-effort basis, the hosting of the Platform, on its servers or through the service of a professional host, and on servers located in a territory of the European Union.
6.2.3 Technical assistance
In case of difficulty encountered while using the Services, the Client can contact TalentFindr via the chatbot available on the Platform.
The technical assistance service is available from Monday to Friday, excluding public holidays, from 9 a.m. to 6 p.m.
7. Duration of the subscription to the services
The Subscription begins on the day of subscription for an initial period of one month or one year, depending on the choice made by the Client on the Platform. It is renewed by tacit agreement, for successive periods of the same duration as the initial period (together with the initial period, the "Periods"), from date to date, unless the Subscription is terminated under the conditions of the article "Termination of Services".
8. Financial conditions of TalentFindr
8.1. Price of services
The price of the Subscription that the Client has subscribed to is indicated on the Platform.
Regarding Credits, they correspond to a number of additional or enriched information that the Client can access (included in the subscribed or purchased subscriptions in addition to a subscription). The balance of Credits is debited with each information request from the Client. The Client acknowledges that if they wish to subscribe to Credits within the framework of the Services, they must do so directly on the Platform.
The Client expressly acknowledges and agrees that unused Credits before the end of the current Period will not be carried over to the next Period nor refunded. Any Period commenced is due in full.
TalentFindr is free to offer promotional offers or discounts. TalentFindr's prices may be revised at any time under the conditions of the article "Modification of General Terms".
8.2 Billing and payment conditions of TalentFindr
TalentFindr will send the Client an invoice for each Period by any useful means, payable from the date of receipt.
The payment of the Subscription is made by direct debit upon subscription to the Subscription, then at each renewal.
The payment of Credits is made by credit card via the secure online payment service indicated on the TalentFindr Platform or by SEPA direct debit.
The Client guarantees to TalentFindr that they have the necessary authorizations to use this payment method.
8.3 Consequences of a late payment or non-payment
In case of non-payment or late payment, TalentFindr reserves the right, from the day following the due date appearing on the invoice, to:
immediately suspend the ongoing services until full payment,
charge the Client a late fee equal to 3 times the legal interest rate, calculated on the amount of sums due at maturity, and a flat fee of 40 euros for collection costs, without prejudice to additional compensation if the actual collection costs incurred exceed this amount.
9. Intellectual property rights
9.1. Intellectual property rights on the platform
The platform is the property of TalentFindr, as well as the software, infrastructures, databases, and any content (texts, images, visuals, music, logos, brands, etc.) that it uses. They are protected by all intellectual property rights or database producer rights in force. The license granted by TalentFindr to the Client does not imply any transfer of ownership. The Client and Users benefit from a non-exclusive and non-transferable SaaS license to use the Platform for the duration specified in the article "Duration of the subscription to the Services".
9.2. Intellectual property rights on the content
In the context of their use of the Services, the Client may create or disseminate content of any nature on the Platform as well as Sourcing (the "Content"). The Client agrees that TalentFindr may modify (notably framing, formatting, and colors) and/or adapt the Content and the Sourcing (notably to the technical constraints of the Platform (alterations or degradations of their quality)) for the needs of providing the Services.
10. Commercial references
The parties may use their respective names, brands, and logos and refer to their respective platforms as commercial references during the duration of their contractual relationship and for 3 years thereafter.
11. Obligations and liability of clients
11.1. Regarding the provision of information
The Client agrees to provide TalentFindr with all necessary information for the subscription and use of the Services.
11.2. Regarding the Client's account
The Client:
guarantees the accuracy of the information provided in the form and agrees to update it,
acknowledges that this information constitutes proof of their identity and is binding as soon as it has been validated,
is responsible for maintaining the confidentiality and security of their username and password. Any access to the Platform using these credentials is deemed to have been made by the Client.
The Client must immediately contact TalentFindr using the contact details mentioned in the article "Identification of TalentFindr" if they find that their Account has been used without their knowledge. The Client is solely responsible for creating accesses for the Users and for configuring their access rights.
11.3. The Client is solely responsible for defining the access rights of Users.
The Client is responsible for their use of the Services and any information they share in this context. They are also responsible for the use of the Services and any information shared by Users. The Client agrees that the Services are used exclusively by the Client and/or Users, who are subject to the same obligations as the Client in their use of the Services. The Client agrees not to misuse the Services for purposes other than those for which they were designed, and in particular to:
engage in illegal or fraudulent activity,
harm public order and morality,
harm third parties or their rights in any way,
violate any contractual, legal, or regulatory provision,
engage in any activity likely to interfere with the computer system of a third party, particularly for the purpose of harming its integrity or security,
conduct maneuvers to promote their services and/or sites or those of a third party,
assist or encourage a third party to commit one or more of the acts or activities listed above.
The Client also agrees not to:
copy, modify, or divert any element belonging to TalentFindr or any concept that it operates within the framework of the Services,
adopt behavior likely to interfere with TalentFindr's computer systems, divert them, or harm their computer security measures,
harm the financial, commercial, or moral rights and interests of TalentFindr,
market, transfer, or give access in any way to the Services, the information hosted on the Platform, or any element belonging to TalentFindr.
The Client is responsible for any Content of any kind that they disseminate within the framework of the Services.
The Client agrees that the Content disseminated on the Platform is by default made public and may be viewed by other users of the Platform.
The Client agrees not to disseminate Content (this list is not exhaustive) that:
harms public order and morals (pornographic, obscene, indecent, shocking, or inappropriate for a family audience, defamatory, insulting, violent, racist, xenophobic, or revisionist),
harms third-party rights (illegal content, personality rights, etc.) and more generally violates any contractual, legal, or regulatory provision,
is harmful to third parties in any way,
is misleading, false, or proposing or promoting illegal, fraudulent, or deceptive activities,
is harmful to third-party computer systems.
The Client acknowledges and agrees that within the framework of the Services, the Client can transmit their needs for Profile searches and information related to their Sourcings on the Platform and that this transmission must comply with the instructions indicated on the Platform insofar as the Services are only intended for:
Content written in French or English;
Computer-typed Content (i.e., not handwritten);
Data written in Latin alphabet and/or containing decimal numbering;
any other details specified by TalentFindr on the platform.
TalentFindr does not guarantee the exact extraction of data and information from content transmitted in systems and/or formats other than those mentioned above. Additionally, TalentFindr does not guarantee the accuracy of the data and information contained in the Content. The Client acknowledges and agrees that Content containing unreadable data may not be processed correctly.
The Client is responsible for the relationships they may establish with Candidates. They agree to act with discernment and to respect the usual rules of politeness and courtesy in their exchanges with other users.
The Client guarantees TalentFindr against any claim and/or action that may be brought against it due to the violation of any of the Client's obligations. The Client will indemnify TalentFindr for any damages suffered and reimburse TalentFindr for any amounts it has had to pay as a result.
12. Obligations and liability of TalentFindr
TalentFindr undertakes to provide the Services diligently, it being specified that it is held to a best-effort obligation. TalentFindr undertakes to comply with applicable regulations.
12.1 Regarding the quality of services
TalentFindr makes every effort to provide the Client with quality Services. To this end, TalentFindr conducts regular checks to verify the functioning and accessibility of its Services and may carry out maintenance operations under the conditions specified in the article “Maintenance”. However, TalentFindr is not responsible for temporary difficulties or impossibilities of accessing its Services due to:
circumstances outside its network (including partial or total failure of the Client's servers),
failure of equipment, cabling, services or networks not included in its services or for which it is not responsible,
interruption of services by telecommunications operators or internet service providers,
Client intervention, particularly through misconfiguration of the services,
force majeure.
TalentFindr is responsible for the operation of its servers, whose outer limits are constituted by the connection points. The Client expressly acknowledges that TalentFindr is not responsible for the data related to Candidates communicated to them on the Platform, as this data comes from third-party sites over which TalentFindr has no control. TalentFindr provides the Client with profiles of Candidates that meet the criteria set forth by the Client in the Sourcing, using advanced artificial intelligence technology.
The Client acknowledges that the Services offer an additional solution for easily and quickly finding candidates that meet the Client's search criteria and that this solution does not replace any other means that the Client may have to achieve the same objective.
12.2. Regarding the service level guarantee of the platform
TalentFindr makes its best efforts to maintain access to the Platform 24 hours a day, 7 days a week, except in the case of scheduled maintenance as defined in the article “Maintenance” or in the event of force majeure.
12.3 Regarding data backup on the platform
TalentFindr makes its best efforts to back up all data produced and/or entered by/on the Platform. Except in the event of proven fault by TalentFindr, TalentFindr is not responsible for data loss during maintenance operations.
12.4. Regarding the publication of content
TalentFindr acts as a host for the Content that the Client puts online. Consequently, TalentFindr is not responsible for this Content. If TalentFindr is informed of illicit Content, it will act promptly to remove it or make it inaccessible, and may take the measures described in the article "Sanctions in case of breach".
12.5. Concerning the relationship between users
TalentFindr acts as a broker in the relationship between the Client and Candidates. TalentFindr cannot therefore be held responsible for the relationship that the Client may establish with Candidates, nor be a party to any dispute.
TalentFindr does not guarantee the volume of recruitment that the Client can achieve through the use of the Services.
12.6. Advertising on the platform
TalentFindr may publish and/or send the Client any advertising or promotional message by directing the Client to third-party platforms.
However, TalentFindr is not responsible for the technical availability of the content, products, and/or services of these platforms, nor the Client's relationships with these platforms.
12.7. Regarding subcontracting and assignment
TalentFindr may use subcontractors for the execution of the Services, who are subject to the same obligations as TalentFindr. TalentFindr remains solely responsible to the Client for the proper execution of the Services.
TalentFindr may replace anyone who will be subrogated to all its rights and obligations under its contractual relationship with the Client. In this case, TalentFindr will inform the Client of this substitution by any written means.
13. Limitation of TalentFindr's liability
The liability of TalentFindr is limited to direct, proven damages suffered by the Client due to the use of the Services. Except for bodily injury, death, and gross negligence, and provided that a claim has been made by registered letter with acknowledgment of receipt within one month following the occurrence of the damage, TalentFindr's liability will not exceed the amounts it has received from the Client during the 12 months preceding the event giving rise to liability or the duration of provision of its Services if this period is shorter.
TalentFindr cannot be held liable for any error contained in the information of Candidates proposed by the Platform.
14. Acceptable means of proof
The Client is informed that messages exchanged via the Platform as well as the data collected on the Platform and TalentFindr's IT equipment constitute one of the admissible means of proof, including to demonstrate the reality of the Services provided and the calculation of their price.
15. Processing of personal data
15.1. General provisions
As part of the Client and Users’ access to the Services available on the Platform, TalentFindr may process personal data of the Client and Users. To learn more about the processing carried out by TalentFindr, the Client is invited to review the TalentFindr privacy policy available on the Platform.
15.2. Processing personal data of candidates
Each party agrees to comply with all legal and regulatory obligations it has regarding the protection of personal data, including Law 78-17 of January 6, 1978 in its latest amended version, known as the Data Protection Act, and the EU Regulation 2016/679 of the European Parliament and Council of April 27, 2016 (hereinafter collectively the “Applicable Regulations”). In this framework, TalentFindr and the Client are respectively responsible for the processing of personal data collected from Candidates within their respective scopes. In this context, TalentFindr is responsible for processing Candidate data until it is transmitted to the Client, who becomes responsible for processing the personal data of Candidates when they decide to contact them. It is up to each party, as the data controller, to ensure that data is processed correctly:
to define the applicable legal basis for processing relevant to its own scope;
to ensure prior information of the data subjects regarding the processing and transfers carried out and their purposes;
to ensure the implementation, under its sole responsibility, of appropriate technical and organizational measures to guarantee the security, confidentiality, and integrity of the personal data of the other party, notably against any risk of destruction, loss, corruption, diversion, or unauthorized disclosure;
to establish any appropriate procedure to receive and manage requests from data subjects regarding their rights over their personal data;
to establish any appropriate procedure for detecting, alerting, and notifying potential personal data breaches;
to deploy appropriate protection within its own subcontractors and tools;
to ensure monitoring of any cross-border flows in accordance with applicable regulations;
to cooperate with each other and provide any useful information or document to comply with the applicable regulations;
to undertake respectively (i) to conclude with their subcontractors, who are to collect and process personal data on their behalf, contracts compliant with the Applicable Regulations and (ii) to ensure that these subcontractors implement appropriate technical and organizational measures to ensure compliance of such processing with the Applicable Regulations.
More specifically, the client agrees to
obtain the prior, specific, informed, and voluntary consent of candidates whose application has not been retained for the purpose of establishing a reserve of CVs;
retain the data of unsuccessful candidates for a maximum period of two (2) years, subject to the prior consent defined above.
TalentFindr disclaims any responsibility regarding the processing carried out by the Client once it has received the personal data of Candidates.
16. Respective obligations of the parties regarding confidentiality
Unless otherwise agreed in writing by the other party, the parties agree to keep confidential, during the duration of their contractual relationship and for 3 years thereafter, all information relating to or held by the other party, of which they have become aware during the conclusion and execution of their contractual relationship:
of which the receiving party was already aware,
already public at the time of communication or that would become so without violating this clause,
which would have been received from a third party legally,
whose communication would be required by judicial authorities, under the laws and regulations, or to assert the rights of one party within the framework of the contractual relationship between the parties.
Confidential information may be transmitted to the employees, collaborators, interns, agents, and co-contractors of the respective parties, provided they are subject to the same confidentiality obligation.
17. Force majeure
The parties cannot be held responsible for failures or delays in the performance of their contractual obligations due to a case of force majeure occurring during the duration of their relationship, as defined in Article 1218 of the Civil Code.
If one party is prevented from performing its obligations due to a case of force majeure, it must inform the other party by registered letter with acknowledgment of receipt. The obligations are suspended upon receipt of the letter and must be resumed within a reasonable period of time once the force majeure case has ceased. The impeded party remains liable for the performance of those obligations unaffected by a case of force majeure and for any payment obligations.
18. Termination of services
The Subscription must be terminated no later than before the end of the current Period by:
The Client, directly and free of charge via the feature provided for this purpose on the Platform,
TalentFindr, by sending an email to the client.
Any period commenced is due in full.
19. Sanctions in case of non-compliance
The following elements constitute essential obligations toward the client (the "essential obligations").
the payment of the price,
not to provide incorrect or incomplete information to TalentFindr,
to respect the usual rules of politeness and courtesy in exchanges with TalentFindr,
not to use the services for a third party,
not to engage in illegal, fraudulent activities, or activities harming the rights or safety of third parties, public order, or laws and regulations in force.
In the event of a breach of any of these essential obligations, TalentFindr may:
suspend or revoke the client's access to the services,
remove any content related to the violation,
publish on the Platform any information message that TalentFindr deems useful,
notify any competent authority, cooperate with them, and provide any useful information for investigating and repressing illegal or illicit activities,
take legal action.
In case of a breach of an obligation other than an Essential Obligation, TalentFindr will ask the Client, by any useful written means, to remedy the breach within a maximum of 5 calendar days. The Services will end at the end of this period if the breach is not remedied.
20. The end of Services results in the deletion of the Client's Account.
TalentFindr may modify its General Terms at any time and will inform the Client by any written means (including email) at least 2 months before their effective date. The modified General Terms apply when the Client's Subscription is renewed.
If the Client does not accept these modifications, they must terminate their Subscription according to the provisions of the article "Termination of Services".
If the Client uses the Services after the entry into force of the modified General Terms, TalentFindr considers that the Client has accepted them.
21. Language
The French language prevails in the event of contradiction or dispute regarding the meaning of a term or provision.
22. Applicable law and competent jurisdictions
In case of dispute between the Client and TalentFindr, and failing an amicable agreement within 2 months following the first notification, it will be submitted to the exclusive jurisdiction of the courts of Paris (France), unless mandatory provisions to the contrary.
Last updated: September 1, 2024
1. Identification of TalentFindr
TalentFindr is a registered trademark operated by Kaia, a simplified joint-stock company registered with the Evry Trade and Companies Register under number 932 089 659. Its headquarters are located at 1 square La Bruyère, 91000 Evry-Courcouronnes. TalentFindr can be contacted at the following email address: georges@talentfindr.ai
2. Services offered
TalentFindr publishes and operates a SaaS (Software as a Service) artificial intelligence solution (referred to as the "Platform") offering its clients seeking to recruit (referred to as the "Clients") a service allowing them to optimize the search for suitable profiles (referred to as the "Services").
3. Information on the General Terms and Conditions
The present general conditions (the “General Terms”) constitute the sole document governing the contractual relationships between TalentFindr and the Client and define the conditions of use of its Services and the respective obligations of the parties.
The Client can find them via a direct link at the bottom of the Platform’s page.
The Client accepts the General Terms by checking a box on the registration form. They may be supplemented by specific conditions which, in case of contradiction, take precedence over the general conditions.
4. Conditions for accessing the services
(i) The Client is a legal entity acting through an individual who has the power or authority to enter into a contract on its behalf.
(ii) The Client is a professional, defined as any natural or legal person acting for purposes related to its commercial, industrial, artisanal, liberal, or agricultural activity, including when acting on behalf of or for another professional.
5. How to access and subscribe to the services
To benefit from the Services, the Client can contact TalentFindr by any useful means, and in particular at the address mentioned in the article “Identification of TalentFindr” in order to discuss the Services the Client wishes to subscribe to. The Client will provide TalentFindr with all the information related to its needs. TalentFindr is free to refuse any subscription request for the Services made by the Client if it does not meet the conditions provided for in the article “Conditions for Accessing the Services” or for any other reason that is its own and discretionary.
Following these exchanges, TalentFindr will send the Client via email a link allowing them to subscribe directly to the Services online. To subscribe to the Services, the Client must fill out the form located on the link sent by TalentFindr or directly on the platform. Registration automatically leads to the opening of an account in the Client’s name (the “Account”) which allows them to access the Services using their username and password.
Once the Client's Account is created, the Client is free to create accesses for users (the “Users”) within the limit of the number indicated in the subscribed Services.
The Client is solely responsible for creating accesses for the Users, defining their access rights, and their personal use of the Platform.
6. Description of services
6.1. Services
Prior to any subscription, the Client acknowledges that they can become familiar with the characteristics of the Services and their constraints, particularly technical constraints, on the Platform.
The Client acknowledges that the implementation of the Services requires an Internet connection and that the quality of the Services depends on this connection, which TalentFindr is not responsible for. The Services that the Client has subscribed to are described on the Platform, and the Client has access to the following Services:
Target profiles of candidates that meet the search criteria set forth by the client
Through its Platform, TalentFindr enables the Client to target candidates' profiles that best meet the criteria set by the Client on the Platform as part of their recruiting search. The Client expressly acknowledges that the profiles offered by TalentFindr must have a profile on the LinkedIn social network. For each search, the Client must provide a job description for which they wish to recruit and any information they deem necessary for this recruitment.
Access to a dashboard
The Client has access to a dashboard (or Dashboard) allowing them to create candidate profile searches (the "Sourcing") and track the candidate profiles proposed by TalentFindr (the "Candidates") in relation to the criteria set forth by the Client in their Sourcing. The Client can create a Sourcing by copying and pasting a job description they are currently recruiting for. The content may be written in French or English.
Access to automated personalized messages for candidates
The Client can use personalized messages generated by TalentFindr to contact Candidates. The Client can contact Candidates directly via their LinkedIn account, which they can connect to the Platform. The Client can also create automated contact campaigns via LinkedIn, allowing them to send automated outreach through the Platform.
Access to enriched data
The Client can subscribe to additional options enabling them to obtain enriched data. The type and number of additional or enriched information are indicated on the Platform and are credited to the balance of credits subscribed by the Client (“Credits”). TalentFindr reserves the right to offer any other Service. Any request to modify the subscribed Services must be subject to a new subscription.
6.2. Complementary services
6.2.1. Maintenance
During the duration of the Services, the Client benefits from maintenance, including corrective and evolutionary maintenance. In this context, access to the Platform may be limited or suspended. Regarding corrective maintenance, TalentFindr makes its best efforts to provide the Client with corrective maintenance to correct any malfunction or bug noted on the Platform.
Regarding evolutionary maintenance, the Client benefits during the duration of the Services from evolutionary maintenance, which TalentFindr may carry out automatically and without notice, and which includes improvements to the Platform's features, the addition of new features and/or technical installations used within the framework of the Platform (aiming to introduce minor or major extensions).
Access to the Platform may also be limited or suspended for reasons of planned maintenance, which may include the above-mentioned corrective and evolutionary maintenance operations.
6.2.2. Hosting
TalentFindr ensures, on a best-effort basis, the hosting of the Platform, on its servers or through the service of a professional host, and on servers located in a territory of the European Union.
6.2.3 Technical assistance
In case of difficulty encountered while using the Services, the Client can contact TalentFindr via the chatbot available on the Platform.
The technical assistance service is available from Monday to Friday, excluding public holidays, from 9 a.m. to 6 p.m.
7. Duration of the subscription to the services
The Subscription begins on the day of subscription for an initial period of one month or one year, depending on the choice made by the Client on the Platform. It is renewed by tacit agreement, for successive periods of the same duration as the initial period (together with the initial period, the "Periods"), from date to date, unless the Subscription is terminated under the conditions of the article "Termination of Services".
8. Financial conditions of TalentFindr
8.1. Price of services
The price of the Subscription that the Client has subscribed to is indicated on the Platform.
Regarding Credits, they correspond to a number of additional or enriched information that the Client can access (included in the subscribed or purchased subscriptions in addition to a subscription). The balance of Credits is debited with each information request from the Client. The Client acknowledges that if they wish to subscribe to Credits within the framework of the Services, they must do so directly on the Platform.
The Client expressly acknowledges and agrees that unused Credits before the end of the current Period will not be carried over to the next Period nor refunded. Any Period commenced is due in full.
TalentFindr is free to offer promotional offers or discounts. TalentFindr's prices may be revised at any time under the conditions of the article "Modification of General Terms".
8.2 Billing and payment conditions of TalentFindr
TalentFindr will send the Client an invoice for each Period by any useful means, payable from the date of receipt.
The payment of the Subscription is made by direct debit upon subscription to the Subscription, then at each renewal.
The payment of Credits is made by credit card via the secure online payment service indicated on the TalentFindr Platform or by SEPA direct debit.
The Client guarantees to TalentFindr that they have the necessary authorizations to use this payment method.
8.3 Consequences of a late payment or non-payment
In case of non-payment or late payment, TalentFindr reserves the right, from the day following the due date appearing on the invoice, to:
immediately suspend the ongoing services until full payment,
charge the Client a late fee equal to 3 times the legal interest rate, calculated on the amount of sums due at maturity, and a flat fee of 40 euros for collection costs, without prejudice to additional compensation if the actual collection costs incurred exceed this amount.
9. Intellectual property rights
9.1. Intellectual property rights on the platform
The platform is the property of TalentFindr, as well as the software, infrastructures, databases, and any content (texts, images, visuals, music, logos, brands, etc.) that it uses. They are protected by all intellectual property rights or database producer rights in force. The license granted by TalentFindr to the Client does not imply any transfer of ownership. The Client and Users benefit from a non-exclusive and non-transferable SaaS license to use the Platform for the duration specified in the article "Duration of the subscription to the Services".
9.2. Intellectual property rights on the content
In the context of their use of the Services, the Client may create or disseminate content of any nature on the Platform as well as Sourcing (the "Content"). The Client agrees that TalentFindr may modify (notably framing, formatting, and colors) and/or adapt the Content and the Sourcing (notably to the technical constraints of the Platform (alterations or degradations of their quality)) for the needs of providing the Services.
10. Commercial references
The parties may use their respective names, brands, and logos and refer to their respective platforms as commercial references during the duration of their contractual relationship and for 3 years thereafter.
11. Obligations and liability of clients
11.1. Regarding the provision of information
The Client agrees to provide TalentFindr with all necessary information for the subscription and use of the Services.
11.2. Regarding the Client's account
The Client:
guarantees the accuracy of the information provided in the form and agrees to update it,
acknowledges that this information constitutes proof of their identity and is binding as soon as it has been validated,
is responsible for maintaining the confidentiality and security of their username and password. Any access to the Platform using these credentials is deemed to have been made by the Client.
The Client must immediately contact TalentFindr using the contact details mentioned in the article "Identification of TalentFindr" if they find that their Account has been used without their knowledge. The Client is solely responsible for creating accesses for the Users and for configuring their access rights.
11.3. The Client is solely responsible for defining the access rights of Users.
The Client is responsible for their use of the Services and any information they share in this context. They are also responsible for the use of the Services and any information shared by Users. The Client agrees that the Services are used exclusively by the Client and/or Users, who are subject to the same obligations as the Client in their use of the Services. The Client agrees not to misuse the Services for purposes other than those for which they were designed, and in particular to:
engage in illegal or fraudulent activity,
harm public order and morality,
harm third parties or their rights in any way,
violate any contractual, legal, or regulatory provision,
engage in any activity likely to interfere with the computer system of a third party, particularly for the purpose of harming its integrity or security,
conduct maneuvers to promote their services and/or sites or those of a third party,
assist or encourage a third party to commit one or more of the acts or activities listed above.
The Client also agrees not to:
copy, modify, or divert any element belonging to TalentFindr or any concept that it operates within the framework of the Services,
adopt behavior likely to interfere with TalentFindr's computer systems, divert them, or harm their computer security measures,
harm the financial, commercial, or moral rights and interests of TalentFindr,
market, transfer, or give access in any way to the Services, the information hosted on the Platform, or any element belonging to TalentFindr.
The Client is responsible for any Content of any kind that they disseminate within the framework of the Services.
The Client agrees that the Content disseminated on the Platform is by default made public and may be viewed by other users of the Platform.
The Client agrees not to disseminate Content (this list is not exhaustive) that:
harms public order and morals (pornographic, obscene, indecent, shocking, or inappropriate for a family audience, defamatory, insulting, violent, racist, xenophobic, or revisionist),
harms third-party rights (illegal content, personality rights, etc.) and more generally violates any contractual, legal, or regulatory provision,
is harmful to third parties in any way,
is misleading, false, or proposing or promoting illegal, fraudulent, or deceptive activities,
is harmful to third-party computer systems.
The Client acknowledges and agrees that within the framework of the Services, the Client can transmit their needs for Profile searches and information related to their Sourcings on the Platform and that this transmission must comply with the instructions indicated on the Platform insofar as the Services are only intended for:
Content written in French or English;
Computer-typed Content (i.e., not handwritten);
Data written in Latin alphabet and/or containing decimal numbering;
any other details specified by TalentFindr on the platform.
TalentFindr does not guarantee the exact extraction of data and information from content transmitted in systems and/or formats other than those mentioned above. Additionally, TalentFindr does not guarantee the accuracy of the data and information contained in the Content. The Client acknowledges and agrees that Content containing unreadable data may not be processed correctly.
The Client is responsible for the relationships they may establish with Candidates. They agree to act with discernment and to respect the usual rules of politeness and courtesy in their exchanges with other users.
The Client guarantees TalentFindr against any claim and/or action that may be brought against it due to the violation of any of the Client's obligations. The Client will indemnify TalentFindr for any damages suffered and reimburse TalentFindr for any amounts it has had to pay as a result.
12. Obligations and liability of TalentFindr
TalentFindr undertakes to provide the Services diligently, it being specified that it is held to a best-effort obligation. TalentFindr undertakes to comply with applicable regulations.
12.1 Regarding the quality of services
TalentFindr makes every effort to provide the Client with quality Services. To this end, TalentFindr conducts regular checks to verify the functioning and accessibility of its Services and may carry out maintenance operations under the conditions specified in the article “Maintenance”. However, TalentFindr is not responsible for temporary difficulties or impossibilities of accessing its Services due to:
circumstances outside its network (including partial or total failure of the Client's servers),
failure of equipment, cabling, services or networks not included in its services or for which it is not responsible,
interruption of services by telecommunications operators or internet service providers,
Client intervention, particularly through misconfiguration of the services,
force majeure.
TalentFindr is responsible for the operation of its servers, whose outer limits are constituted by the connection points. The Client expressly acknowledges that TalentFindr is not responsible for the data related to Candidates communicated to them on the Platform, as this data comes from third-party sites over which TalentFindr has no control. TalentFindr provides the Client with profiles of Candidates that meet the criteria set forth by the Client in the Sourcing, using advanced artificial intelligence technology.
The Client acknowledges that the Services offer an additional solution for easily and quickly finding candidates that meet the Client's search criteria and that this solution does not replace any other means that the Client may have to achieve the same objective.
12.2. Regarding the service level guarantee of the platform
TalentFindr makes its best efforts to maintain access to the Platform 24 hours a day, 7 days a week, except in the case of scheduled maintenance as defined in the article “Maintenance” or in the event of force majeure.
12.3 Regarding data backup on the platform
TalentFindr makes its best efforts to back up all data produced and/or entered by/on the Platform. Except in the event of proven fault by TalentFindr, TalentFindr is not responsible for data loss during maintenance operations.
12.4. Regarding the publication of content
TalentFindr acts as a host for the Content that the Client puts online. Consequently, TalentFindr is not responsible for this Content. If TalentFindr is informed of illicit Content, it will act promptly to remove it or make it inaccessible, and may take the measures described in the article "Sanctions in case of breach".
12.5. Concerning the relationship between users
TalentFindr acts as a broker in the relationship between the Client and Candidates. TalentFindr cannot therefore be held responsible for the relationship that the Client may establish with Candidates, nor be a party to any dispute.
TalentFindr does not guarantee the volume of recruitment that the Client can achieve through the use of the Services.
12.6. Advertising on the platform
TalentFindr may publish and/or send the Client any advertising or promotional message by directing the Client to third-party platforms.
However, TalentFindr is not responsible for the technical availability of the content, products, and/or services of these platforms, nor the Client's relationships with these platforms.
12.7. Regarding subcontracting and assignment
TalentFindr may use subcontractors for the execution of the Services, who are subject to the same obligations as TalentFindr. TalentFindr remains solely responsible to the Client for the proper execution of the Services.
TalentFindr may replace anyone who will be subrogated to all its rights and obligations under its contractual relationship with the Client. In this case, TalentFindr will inform the Client of this substitution by any written means.
13. Limitation of TalentFindr's liability
The liability of TalentFindr is limited to direct, proven damages suffered by the Client due to the use of the Services. Except for bodily injury, death, and gross negligence, and provided that a claim has been made by registered letter with acknowledgment of receipt within one month following the occurrence of the damage, TalentFindr's liability will not exceed the amounts it has received from the Client during the 12 months preceding the event giving rise to liability or the duration of provision of its Services if this period is shorter.
TalentFindr cannot be held liable for any error contained in the information of Candidates proposed by the Platform.
14. Acceptable means of proof
The Client is informed that messages exchanged via the Platform as well as the data collected on the Platform and TalentFindr's IT equipment constitute one of the admissible means of proof, including to demonstrate the reality of the Services provided and the calculation of their price.
15. Processing of personal data
15.1. General provisions
As part of the Client and Users’ access to the Services available on the Platform, TalentFindr may process personal data of the Client and Users. To learn more about the processing carried out by TalentFindr, the Client is invited to review the TalentFindr privacy policy available on the Platform.
15.2. Processing personal data of candidates
Each party agrees to comply with all legal and regulatory obligations it has regarding the protection of personal data, including Law 78-17 of January 6, 1978 in its latest amended version, known as the Data Protection Act, and the EU Regulation 2016/679 of the European Parliament and Council of April 27, 2016 (hereinafter collectively the “Applicable Regulations”). In this framework, TalentFindr and the Client are respectively responsible for the processing of personal data collected from Candidates within their respective scopes. In this context, TalentFindr is responsible for processing Candidate data until it is transmitted to the Client, who becomes responsible for processing the personal data of Candidates when they decide to contact them. It is up to each party, as the data controller, to ensure that data is processed correctly:
to define the applicable legal basis for processing relevant to its own scope;
to ensure prior information of the data subjects regarding the processing and transfers carried out and their purposes;
to ensure the implementation, under its sole responsibility, of appropriate technical and organizational measures to guarantee the security, confidentiality, and integrity of the personal data of the other party, notably against any risk of destruction, loss, corruption, diversion, or unauthorized disclosure;
to establish any appropriate procedure to receive and manage requests from data subjects regarding their rights over their personal data;
to establish any appropriate procedure for detecting, alerting, and notifying potential personal data breaches;
to deploy appropriate protection within its own subcontractors and tools;
to ensure monitoring of any cross-border flows in accordance with applicable regulations;
to cooperate with each other and provide any useful information or document to comply with the applicable regulations;
to undertake respectively (i) to conclude with their subcontractors, who are to collect and process personal data on their behalf, contracts compliant with the Applicable Regulations and (ii) to ensure that these subcontractors implement appropriate technical and organizational measures to ensure compliance of such processing with the Applicable Regulations.
More specifically, the client agrees to
obtain the prior, specific, informed, and voluntary consent of candidates whose application has not been retained for the purpose of establishing a reserve of CVs;
retain the data of unsuccessful candidates for a maximum period of two (2) years, subject to the prior consent defined above.
TalentFindr disclaims any responsibility regarding the processing carried out by the Client once it has received the personal data of Candidates.
16. Respective obligations of the parties regarding confidentiality
Unless otherwise agreed in writing by the other party, the parties agree to keep confidential, during the duration of their contractual relationship and for 3 years thereafter, all information relating to or held by the other party, of which they have become aware during the conclusion and execution of their contractual relationship:
of which the receiving party was already aware,
already public at the time of communication or that would become so without violating this clause,
which would have been received from a third party legally,
whose communication would be required by judicial authorities, under the laws and regulations, or to assert the rights of one party within the framework of the contractual relationship between the parties.
Confidential information may be transmitted to the employees, collaborators, interns, agents, and co-contractors of the respective parties, provided they are subject to the same confidentiality obligation.
17. Force majeure
The parties cannot be held responsible for failures or delays in the performance of their contractual obligations due to a case of force majeure occurring during the duration of their relationship, as defined in Article 1218 of the Civil Code.
If one party is prevented from performing its obligations due to a case of force majeure, it must inform the other party by registered letter with acknowledgment of receipt. The obligations are suspended upon receipt of the letter and must be resumed within a reasonable period of time once the force majeure case has ceased. The impeded party remains liable for the performance of those obligations unaffected by a case of force majeure and for any payment obligations.
18. Termination of services
The Subscription must be terminated no later than before the end of the current Period by:
The Client, directly and free of charge via the feature provided for this purpose on the Platform,
TalentFindr, by sending an email to the client.
Any period commenced is due in full.
19. Sanctions in case of non-compliance
The following elements constitute essential obligations toward the client (the "essential obligations").
the payment of the price,
not to provide incorrect or incomplete information to TalentFindr,
to respect the usual rules of politeness and courtesy in exchanges with TalentFindr,
not to use the services for a third party,
not to engage in illegal, fraudulent activities, or activities harming the rights or safety of third parties, public order, or laws and regulations in force.
In the event of a breach of any of these essential obligations, TalentFindr may:
suspend or revoke the client's access to the services,
remove any content related to the violation,
publish on the Platform any information message that TalentFindr deems useful,
notify any competent authority, cooperate with them, and provide any useful information for investigating and repressing illegal or illicit activities,
take legal action.
In case of a breach of an obligation other than an Essential Obligation, TalentFindr will ask the Client, by any useful written means, to remedy the breach within a maximum of 5 calendar days. The Services will end at the end of this period if the breach is not remedied.
20. The end of Services results in the deletion of the Client's Account.
TalentFindr may modify its General Terms at any time and will inform the Client by any written means (including email) at least 2 months before their effective date. The modified General Terms apply when the Client's Subscription is renewed.
If the Client does not accept these modifications, they must terminate their Subscription according to the provisions of the article "Termination of Services".
If the Client uses the Services after the entry into force of the modified General Terms, TalentFindr considers that the Client has accepted them.
21. Language
The French language prevails in the event of contradiction or dispute regarding the meaning of a term or provision.
22. Applicable law and competent jurisdictions
In case of dispute between the Client and TalentFindr, and failing an amicable agreement within 2 months following the first notification, it will be submitted to the exclusive jurisdiction of the courts of Paris (France), unless mandatory provisions to the contrary.
Last updated: September 1, 2024
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© 2025 TalentFindr