General Terms of Sale

LEGAL NOTICE

Company Identity

ODHCOM SAS

Legal form: Simplified Joint Stock Company (SAS)

Share capital: €29,400

Registered office: 99 avenue Achille Peretti, 92200 Neuilly-sur-Seine, France

Registration: RCS Nanterre 800 965 634

Intra-community VAT number: FR 13 800965634

Legal representative: Louvière Conseil registered with the RCS Versailles under number 822 295 549, represented by Mr. Robin Lepercq.

Contact:

By mail: ODHCOM SAS Customer Service 99 avenue Achille Peretti 92200 Neuilly-sur-Seine France

By phone: +33 1 84 20 22 34

By email: contact@jemmo.io

Publication Director

EURL GL CONSEIL, in its capacity as Managing Director, itself represented by Guillaume LEPERCQ, its Manager.

Website Host Identity

FLY.IO

2261 Market Street #4990 San Francisco, CA 94114

Server location: France

Website: https://fly.io

support@fly.io

PREAMBLE

Jemmo is a commercial brand operated by ODHCOM, a Simplified Joint Stock Company with a share capital of €29,400 whose registered office is located at 99 avenue Achille Peretti in Neuilly-sur-Seine, registered with the Trade and Companies Register of Nanterre under number 800 965 634, and represented by EURL GL CONSEIL, in its capacity as Managing Director, itself represented by Guillaume LEPERCQ, its Manager (hereinafter "Jemmo" or "ODHCOM").

These General Terms of Sale (hereinafter "GTS") are intended to govern the contractual and commercial relationships between Jemmo and any person acting as a Client for strictly professional purposes.

The creation of an account on the Platform and the use of the Services offered by Jemmo are conditional upon prior acceptance and unrestricted compliance with these GTS, without prejudice to the applicable legal provisions.

Article 1 - DEFINITIONS

For the purposes of these GTS, the following terms have the meanings given below:

ATS: refers to Applicant Tracking Systems integrated into the Platform.

API: "application programming interface", refers to a software interface that allows connecting software or a service to another software or service in order to exchange data and functionalities.

Account: refers to the Client's personal space on the Site.

Content: refers to all elements present on the Site (texts, images, videos, logos, etc.).

AI: refers to artificial intelligence.

Client: any legal or natural person acting for professional purposes, accessing and navigating the Platform, in any capacity, holding an account and using the Services.

TOU: Terms of Use of the Platform and the Site.

Services: refers to all services offered by Jemmo, including talent search, job description analysis, AI matching, talent pool management, and ATS integrations.

Site: refers to the website accessible at https://app.jemmo.io.

Platform: refers to the website accessible with an Account at https://app.jemmo.io and its functionalities.

Talent: refers to any candidate or professional whose data is hosted in the Client's talent pool.

Article 2 - PURPOSE OF SERVICES

Jemmo offers and manages a Platform, providing an AI solution available in SaaS (Software as a Service) mode. This Platform provides Services to Clients (companies seeking to recruit) in order to optimize their search for suitable profiles.

Jemmo offers an AI-powered talent search and matching solution, including:

Automatic analysis of job descriptions;
Semantic search of talents in existing pools;
AI matching with explainable justifications;
Candidate list management;
Integrations with third-party ATS (TeamTailor, etc.);
Candidate profile enrichment;
Generation of search criteria suggestions.

Article 3 - ACCESS AND REGISTRATION

Access to the Platform is open to any user with an Internet connection and an Account.

3.1 Access Conditions

Use of the Site is reserved for professionals. Any Client must have legal capacity and act for strictly professional purposes.

The Client must have an Internet connection to access the Platform.

3.2 Account Creation

Account creation is free.

The Client is considered a legal entity duly represented by a natural person with the required capacity and authority to bind it contractually.

The Client must provide accurate, complete and up-to-date information when registering. The Client undertakes to update their information in case of changes.

Access to the Account is secured by an email address and password chosen by the Client. The Client is solely responsible for the confidentiality of their credentials and any use of their Account.

The Client must have accepted these GTS as well as the TOU to create an account.

3.3 Free Trial

JEMMO offers a free trial period of one (1) month from the creation of the Account, allowing the Client to discover the Services without commitment.

At the end of the trial period, the Client will be invited to subscribe to a paid subscription to continue using the Services. In the absence of subscription, access to the Services will be automatically suspended.

As the Client acts exclusively for professional purposes, they do not benefit from any right of withdrawal in accordance with the provisions of the Consumer Code.

Article 4. CLIENT OBLIGATIONS

4.1 Compliant Use

The Client undertakes to use the Platform and Services in accordance with applicable laws and regulations, these GTS, and the TOU.

The Client is specifically prohibited from:

Using the Platform and Services for unlawful or fraudulent purposes;
Distributing unlawful, abusive, defamatory content or content contrary to public order;
Attempting to compromise the security of the Site and Services;
Extracting or reusing Site and Services data for commercial purposes;
Using the Services to circumvent legal recruitment rules.

4.2 Accuracy of Information

The Client guarantees the accuracy, sincerity and lawfulness of the information and data they enter on the Platform and in the Services, including job descriptions and talent data.

4.3 Personal Data and GDPR

The Client undertakes to comply with personal data protection regulations (GDPR) in their use of the Services, particularly for processing talent and candidate data.

The Client remains solely responsible for the lawfulness of their personal data processing via the Services.

4.4 Respect for Third Parties

The Client undertakes not to infringe the rights of third parties, particularly intellectual property rights, image rights, and the right to privacy.

Article 5. ARTIFICIAL INTELLIGENCE SERVICES

5.1 Nature of AI Services

The artificial intelligence services offered by Jemmo constitute decision-support tools. The matching results and justifications generated by AI are provided for informational purposes only and do not in any way bind Jemmo.

The Client retains full responsibility for their decisions regarding recruitment and candidate selection.

5.2 Accuracy Limitations

Jemmo's AI does not guarantee absolute accuracy of results. Proposed matchings may contain inaccuracies or omissions. Jemmo cannot be held responsible for decisions made by the Client based on these results.

5.3 Data Not Used for Training

Jemmo does not constitute, use, or integrate Client data into the training or improvement of its artificial intelligence models without explicit consent.

5.4 Transparency and Explainability

Jemmo undertakes to provide clear and understandable justifications for each matching proposed by AI, allowing the Client to understand the criteria that led to the selection.

Article 6. ATS INTEGRATIONS

6.1 Use of Integrations

The Platform allows the Client to connect to third-party ATS via native integrations (TeamTailor, etc.) or via custom API connections.

6.2 API Key Management

API keys provided by the Client for ATS integrations are stored in an encrypted and secure manner by Jemmo. The Client remains solely responsible for the validity and use of their API keys.

6.3 Data Synchronization

Data synchronization between the Platform and third-party ATS is automatic but does not guarantee real-time replication or the absence of data conflicts.

The Client is responsible for verifying data consistency between their different systems.

6.4 Liability

Jemmo cannot be held responsible for malfunctions, interruptions or limitations of third-party ATS or their APIs.

Article 7. SUBSCRIPTIONS AND PRICING

7.1 Offers

JEMMO offers a free trial period of one (1) month from the creation of the Account, allowing the Client to discover the Services without commitment.

Jemmo offers several subscription plans:

Standard Plan: access to basic features, without specific availability guarantee
Enterprise Plan: advanced features with Service Level Agreement (SLA) guarantees and dedicated support

7.2 Pricing

Subscription prices are indicated on the Site and in these terms. Jemmo reserves the right to modify its prices, with 30 days notice for existing Clients.

Any VAT modification or creation of a new tax will be automatically reflected on invoices.

7.3 Payment

Payment is made monthly by credit card via Stripe, a secure payment partner.

Invoices will be issued monthly by Stripe and sent by email to the Client.

Payment is automatically debited each month on the anniversary date of Account creation. For example, if the Client created their Account on June 26, payment will be automatically debited, after the free month, on August 26, then September 26, etc.

The Client guarantees they have the necessary authorizations to use the chosen payment method.

In case of non-payment or late payment, Jemmo reserves the right, from the following day

Any late payment of an installment will result, without prior notice, in the application of late payment interest at a rate equal to that provided for in Article L.441-10 II. of the Commercial Code, applying from the invoice due date, and payment of a flat-rate compensation of €40 for collection costs, for each invoice paid late.

Payments made are final and non-refundable, including in case of early termination of use of the Services.

7.5 Refund

Unless otherwise provided by law or explicit agreement from Jemmo, no refund is granted for months already invoiced, even in case of termination during the period.

Article 8. AVAILABILITY AND MAINTENANCE

8.1 Standard Plan

The Standard Plan is provided on a "best effort" basis by Jemmo. No specific availability guarantee is offered.

8.2 Enterprise Plan - SLA

The Enterprise Plan benefits from a monthly availability commitment of 99.5%, excluding planned maintenance and force majeure.

In case of non-compliance with this commitment, Jemmo will grant the Client service credits calculated according to the terms specified in the enterprise contract.

8.3 Planned Maintenance

Jemmo may perform planned maintenance operations that may temporarily interrupt access to the Platform. Such maintenance is notified at least 24 hours in advance, except in cases of emergency.

8.4 Force Majeure

Jemmo cannot be held responsible for interruptions or malfunctions resulting from force majeure as defined by French court jurisprudence, but also in case of power or telecommunications failures, cyber attacks, authority decisions, or strikes.

Article 9. LIABILITY AND WARRANTY

Use of the Platform and Services is at the Client's sole risk. Jemmo cannot be held responsible for any direct or indirect damage, including data or profit losses, resulting from access to or use of the Platform and Services.

The sources of information published on the Site and Platform are deemed reliable but the site does not guarantee that it is free from defects, errors or omissions.

The information provided is presented for informational and general purposes without contractual value. Despite regular updates, Jemmo cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, Jemmo cannot be held responsible for the use and interpretation of information contained in the Site and Platform.

Jemmo cannot be held responsible for any viruses that may infect the user's computer or any IT equipment, following use, access, or download from this site.

Jemmo is not responsible for the quality of the Client's internet connection which may affect the quality of Services.

The site's liability cannot be engaged in case of force majeure or unforeseeable and insurmountable act of a third party.

9.1 Service Provided "As Is"

The Services are provided "as is" and without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Exclusion of Warranties

Jemmo does not guarantee:

Continuous or error-free availability of the Platform;
Accuracy or relevance of AI matching results;
Availability, qualifications or sincerity of identified talents;
Absence of viruses or harmful elements on the Platform.

9.3 Limitation of Liability

Jemmo's total liability, on any basis whatsoever (contract, tort, quasi-tort, or other), is expressly limited to the amount of subscription fees paid by the Client for the current calendar year.

In no event shall Jemmo be liable for indirect, intangible or consequential damages, including: loss of profit, loss of customers, loss of business, or damage to reputation.

9.4 Indemnification

The Client undertakes to indemnify Jemmo, its directors, employees and partners, from any claim, demand or action resulting from the Client's use of the Services in violation of these GTS or applicable laws.

Article 10. INTELLECTUAL PROPERTY

10.1 Jemmo's Rights

Jemmo is the exclusive owner or holder of all intellectual property rights relating to the Platform, its content, its functionalities, and its software elements, including: source code, AI matching algorithms, user interface, texts, logos, and databases.

These GTS do not grant the Client any license or right of use, other than the right to access and use the Services in accordance with their intended purpose.

It is recalled in accordance with Article L 122-5 of the Intellectual Property Code that the Client who reproduces, copies or publishes protected content must cite the author and source.

10.2 Client Data

The Client remains the exclusive owner of the data they enter on the Platform, including job descriptions, search criteria, and talent data.

Jemmo does not claim any ownership rights to this data.

10.3 AI-Generated Content

The Client owns the content (matching justifications, criteria suggestions, etc.) generated by Jemmo's AI based on their own data and queries.

10.4 Prohibited Use

The Client is prohibited from:

Copying, modifying or reproducing the Platform's source code;
Extracting or reusing AI matching algorithms;
Scraping or automated data extraction;
Circumventing protection or security measures;
Using the Platform to create a competing service.

Article 11 - CONFIDENTIALITY

Each Party acknowledges that during the term of these terms, it may become aware of or receive confidential information, documents and/or data about the other Party. Therefore, each Party undertakes, both in its own name and on behalf of its employees for whom it stands surety, to maintain strict confidentiality of all confidential information, documents and/or data of any nature relating to the results, activity or clientele of the other Party, the content of these terms, or any information received or obtained from a Party in connection with these terms.

This confidentiality commitment of the Parties is valid both for the duration of the Client's subscription to the Services and for a period of two (2) years following its termination.

Notwithstanding the provisions of this article, a Party may disclose the aforementioned information, data and documents:

to its employees, directors, corporate officers, consultants, agents, affiliates, subcontractors, representatives or advisors, to the extent strictly necessary for the performance of its obligations under these terms, and provided that such persons are informed of the confidential nature of such information and documents and that the Party concerned stands surety that such persons do not disclose confidential information and documents;
to the extent that legal provisions require disclosure of such information or documents, provided that the other Party (if legal provisions permit) is informed in advance of the disclosure that will take place as soon as reasonably possible;
to the extent that such information, data and documents were legitimately in the possession of or already known to the receiving Party before its disclosure by the disclosing Party, and obtained on a non-confidential basis from sources other than the disclosing Party;
to the extent that such information, data and documents were in the public domain other than as a result of a breach of these GTS.

Notwithstanding the provisions of this article, it is specified that each Party may indicate the name of the other Party among its commercial references, in accordance with industry practice. In this regard and more generally, each Party refrains, in any way whatsoever, from harming the interests, image or reputation of the other Party.

Article 12. DATA PROTECTION

Jemmo ensures the Client that personal information is collected and processed in compliance with privacy in accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms.

Under the Data Protection Act, dated January 6, 1978, the Client has the right to access, rectify, delete and oppose their personal data.

The processing of personal data by Jemmo is subject to a specific policy available at the following address: https://jemmo.io/en/legal/privacy-policy

The Client acknowledges having read this policy and consents to the processing of their personal data in accordance with said policy.

Article 13. COOKIES AND TRACKERS

In order to allow optimal navigation on the Site as well as improved operation of the various interfaces and applications, Jemmo may install one or more cookie(s) on users' computers.

Cookies are small files temporarily stored on the User's or Client's computer hard drive by their browser and which are necessary for the use of the Site and Platform. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User's or Client's visit, others remain.

This/these cookie(s) should improve the operation of the Site, store navigation information on the Site (IP address, pages viewed, dates and times, etc.) and data entered by users during their connections to the Site (searches, login, email, password).

These cookies will be stored and installed by Jemmo for a period of up to one (1) year.

The User is informed that when visiting the site, a cookie may be automatically installed on their browsing software.

Upon arrival at the Site by the User, Jemmo offers Users to validate their consent regarding cookies via an Axeptio Popup accessible at any time on the Site.

The decision to accept or refuse cookies is recorded for a period of six (6) months.

The User may disable these cookies through the settings in their browsing software.

Each user is informed that their browsing software settings allow detection of the presence of cookies and that they may object to their recording. Each user may refer to their browsing software's help menu to modify their cookie settings.

For:

Microsoft Internet Explorer: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies

Google Chrome: http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647

Safari: http://docs.info.apple.com/article.html?path=Safari/3.0/en/9277.html

Firefox: http://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Opera: http://help.opera.com/Windows/10.20/en/cookies.html

The use of cookies and trackers on the Platform is governed by the cookie policy available at the following address: https://jemmo.io/en/legal/cookies

Article 14. MARKETING COMMUNICATIONS

14.1 Opt-in Consent

Jemmo may only send the Client commercial communications, newsletters or promotional offers if the Client has explicitly given their consent via the dedicated checkbox during registration.

The Client may withdraw their consent at any time by modifying their preferences in their Account or by unsubscribing via the link provided for this purpose in each email.

14.2 Double Opt-in

For newsletter subscription, Jemmo implements a double opt-in mechanism: a confirmation email is sent to the Client, who must click on the confirmation link to validate their subscription.

Article 15. DURATION AND TERMINATION

15.1 Duration

These GTS are concluded for an indefinite period from their acceptance by the Client.

15.2 Termination for Convenience

The Client may terminate their Account and these GTS at any time, without reason and without notice, by clicking the termination button in their Account or by contacting customer service.

Jemmo may terminate the Client's Account and these GTS at any time, without reason and without notice, subject to notifying the Client. The Client will be informed of the termination by email.

Termination takes effect at the end of the current billing period. The Client's data will be retained for a period of 30 days after termination, then deleted, unless legal retention obligations apply.

15.3 Termination for Breach

Jemmo reserves the right to terminate the Client's Account and interrupt access to the Services, without notice or compensation, subject to notifying the Client, in case of:

Violation of these GTS;
Fraudulent use of the Platform;
Non-payment of subscription fees;
Unlawful activity or activity contrary to public morals;

The Client will be informed of the termination by email.

Article 16. MODIFICATION OF GTS

Jemmo reserves the right to modify these GTS at any time. Modifications will be notified to the Client by email or via the Platform.

In case of substantial modification, the Client will have 30 days to refuse the new conditions by terminating their Account. After this period, continued use of the Services will constitute acceptance of the new GTS.

The Client undertakes to regularly consult this page to stay informed of modifications.

Article 17. APPLICABLE LAW AND JURISDICTION

These GTS are governed by French law.

In case of dispute relating to the interpretation, execution or termination of these GTS, the Parties undertake to attempt amicable resolution within 30 days.

Failing amicable resolution, any dispute shall fall under the exclusive jurisdiction of the competent courts of Paris, even in case of multiple defendants or third-party claims.

Article 18. GENERAL PROVISIONS

18.1 Entirety

These GTS constitute the entire agreement between the Client and Jemmo and replace all prior communications, proposals or agreements.

18.2 Severability

If any provision of these GTS is declared null or unenforceable by a competent court, the other provisions shall remain in force.

18.3 Non-Waiver

Jemmo's failure to invoke a provision of these GTS does not constitute a waiver to require its subsequent performance.

18.4 Assignment

The Client may not assign or transfer their rights and obligations under these GTS without Jemmo's prior written consent.