The Recruitivity General Terms and Conditions (“GTC”) are effective as of the effective date of an applicable signed order form (such form an “Order Form”) including acceptation of the Data Processing Agreement attached, and is by and between Recruitivity*, a French Entreprise Individuelle, registered under the name “Bastien VELITCHKINE” and the SIRET number 903 670 339 00014, with a place of business at 21 Mail Pierre Potier, 91190, Gif-Sur-Yvette, FRANCE, and the customer set forth on the Order Form (“Customer”) (each a “Party” and together the “Parties”).*

Recruitivity provides its service (hereinafter referred to as “Recruitivity Services”) by any means required to the sharing of programs, the extension of these programs or the development of new ones. A non-exhaustive list of those means can be found below:

• Emails
• Pages hosted on Notion
• Virtual meetings on platforms such as Zoom or Google Meet
• Messages on WhatsApp
• Repositories hosted on GitHub

Recruitivity provides computer programs (hereinafter referred to as “Code”) and support on the development of new programs. The purposes of such programs is (but is not limited to) automation as well as prediction based on large amount of data (hereinafter referred to as “Machine Learning”).

The Customer acknowledges and declares to have the necessary skills to understand Recruitivity services and to ensure that the services offered by Recruitivity are relevant and appropriate to its IT needs and infrastructure, particularly with regard to its third-party apps connected to the Code developed by Recruitivity.

The Customer is generally a natural person, acting on behalf of his employer, his instructing party, his partner, his management company, his executive bodies. In order to avoid any misunderstanding, the Customer makes the following statement, as far as he is concerned, to Recruitivity:

(i) For Customer that are legal entities:

• That it is a legally constituted company, in good standing with regard to the legislation applicable to it and that its legal representative, or its management company, has all the powers and qualities to sign and implement this contract;
• That the signature of this contract has been validly authorized, if necessary, by the competent bodies;
• That the signature and execution of this contract does not and will not result in any breach, termination or modification of any contract or act to which it is a party and that this contract is not in conflict with any provision of such contract or act.

(ii) For Customer that are natural persons:

• That he has the full capacity to enter into and implement this contract on his own, in particular that he has been duly authorized by its employer, instructing party, partner, management company and executive bodies;
• That the signature and execution of this contract does not and will not result in any breach, termination or modification of any contract or act to which it is a party and that this contract is not in conflict with any provision of such contract or act.

Section 1. Services.

1.1. Definition.

“Services” means the product(s) and service(s) that are ordered by Customer from Customers online or through an Order Form referencing this GTC, whether on a free, trial, or paid basis, and to which Recruitivity thereby provides access to Customer. Services exclude any products or services provided by third parties, even if Customer has connected those products or services to the Services. Subject to the terms and conditions of this GTC, Recruitivity will make its best effort to make the Services available during the Term as set forth in an Order Form.