End-User License Agreement

1. Introduction and acceptance

This End-User License Agreement (the “EULA” or “Agreement”) is a legally binding agreement between you (the “User” or “you”) and Mirtillo Studio, a French single-member limited liability company with share capital of €100, registered with the Strasbourg Trade and Companies Register under number 918 382 979, whose registered office is located at 2 rue de la Hollau, 67540 Ostwald, represented by Mr Sylvain Dieterle (the “Publisher”, “we” or “us”).

This EULA governs your use of the WhileResume mobile and/or web application (the “Application”), a reverse-recruitment platform connecting candidates and recruiters.

By downloading, installing, accessing or using the Application, you acknowledge that you have read, understood and unconditionally accepted this EULA in its entirety. If you do not accept these terms, you must not install or use the Application.

The Application is distributed through Apple’s App Store and Google’s Google Play Store. Your use is also subject to the applicable terms of those distribution platforms.

2. Definitions

• Application: the WhileResume software, its updates, documentation and all content supplied by the Publisher.
• Candidate: a User who creates a profile and CV in order to be visible to recruiters.
• Recruiter: a professional User who uses the Application to view candidate profiles and publish job advertisements.
• Account: the personal area created by the User to access the Application’s features.
• User Content: any data, CV, profile, text, job advertisement or information submitted by the User through the Application.
• Subscription: a paid subscription providing access to premium features for a specified period.
• In-App Job Advertisement Purchase: the paid publication of one or more job advertisements, individually or as a bundle, through an in-app purchase.
• Distribution Platform: Apple’s App Store or Google’s Google Play Store.

3. Purpose and grant of licence

Subject to compliance with this EULA, the Publisher grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Application for strictly personal and lawful purposes, or for Recruiters’ internal business purposes.

This licence allows you to install and use the Application on any device that you own or control, in accordance with the Distribution Platforms’ usage rules.

The Publisher retains all rights not expressly granted. The Application is licensed, not sold.

4. Restrictions on use

You must not:

• copy, modify, translate or adapt the Application, or create derivative works from it;
• decompile, disassemble, reverse-engineer or attempt to extract the source code, except to the extent expressly permitted by mandatory law;
• rent, lend, resell, distribute or commercially exploit the Application without written permission;
• circumvent, disable or alter technical protection, security or payment measures;
• use the Application for fraudulent or unlawful purposes or in a manner that infringes third-party rights;
• automatically collect data from the Application, including through scraping or bots;
• transmit viruses, malicious code or any harmful content.

Any breach of these restrictions will result in automatic termination of the licence.

5. User Account

An Account is required to access the features. You agree to provide accurate, up-to-date information and to keep your login credentials confidential. You are solely responsible for all activity carried out through your Account.

You must be at least 18 years old, or have the consent of a legal representative, to use the Application.

The Publisher reserves the right to suspend or delete any Account in the event of a breach of the EULA or misuse.

6. User Content

You retain ownership of the User Content you publish, including CVs, profiles and job advertisements. You grant the Publisher a worldwide, non-exclusive, royalty-free licence to host, reproduce, display and distribute that Content solely for the purpose of providing the service and connecting candidates with recruiters.

You warrant that you hold all rights to the User Content you publish and that it does not infringe any third-party rights or applicable laws, particularly those concerning non-discrimination in recruitment and data protection.

The Publisher may remove any Content that is manifestly unlawful or contrary to the EULA.

7. Annual Subscription

7.1 Subscription

The Application is free for Candidates, including profile and CV creation and visibility to recruiters.

Paid features, including the Annual Subscription, are reserved exclusively for Recruiters acting in a professional capacity—companies and organisations conducting recruitment activities. By subscribing, the Recruiter declares that they are acting for business purposes and not as a consumer. Details of the features and duration are displayed in the Application before subscription.

The Subscription price is the price displayed in the Application at the time of subscription, in the currency of your App Store or Google Play account. The price is clearly and unambiguously disclosed before you confirm payment or enter into any commitment.

7.2 Payment

Payment is processed by the Distribution Platform (Apple or Google) and, where applicable, through the subscription-management provider RevenueCat and/or Stripe for the web version. The Publisher does not have access to your complete banking details.

7.3 Automatic renewal

The Subscription automatically renews for successive periods of one (1) year at the applicable rate unless cancelled before the end of the current period.

In accordance with the Distribution Platforms’ subscription-management procedures, the Recruiter is informed of the renewal terms and may disable automatic renewal at any time from their App Store or Google Play account before the renewal date. Because the Subscription is intended for business customers, the consumer-protection provisions concerning renewal under Articles L. 215-1 et seq. of the French Consumer Code do not apply. Renewal and cancellation are governed by this EULA and the terms of the Distribution Platform.

7.4 Management and cancellation

The Subscription must be managed and cancelled directly through your App Store or Google Play account settings, or through your billing area for the web version. Cancellation takes effect at the end of the current billing period, and access to premium features continues until that date.

8. In-App Job Advertisement Purchases

Recruiters acting exclusively in a professional capacity may purchase the publication of job advertisements through in-app purchases, individually or as bundles, at the prices displayed in the Application at the time of purchase. These purchases are reserved for professional Recruiters and are not offered to Candidates.

A job advertisement purchase is a service performed immediately: publication becomes available as soon as payment is confirmed. The publication period, limits and scope of each offer are specified in the Application.

In-app purchases are final, subject to mandatory legal provisions and the Distribution Platform’s refund policies.

9. No right of withdrawal for business customers

Because paid features, including the Annual Subscription and job advertisement purchases, are subscribed to exclusively by Recruiters acting for business purposes, the right of withdrawal under Articles L. 221-18 et seq. of the French Consumer Code does not apply to these subscriptions, as those provisions are reserved for consumers.

For the avoidance of doubt, when subscribing the Recruiter expressly acknowledges and agrees that performance of the service—including access to premium features and publication of job advertisements—begins immediately and that amounts paid are non-refundable, subject to mandatory legal provisions and the refund policies of the Distribution Platform (Apple or Google).

10. Intellectual property

The Application, its code, interfaces, databases, trademarks, logos and all its components are the exclusive property of the Publisher or its licensors and are protected by intellectual-property law.

This EULA does not grant you any ownership rights in the Application, but only a right of use within the defined limits.

11. Personal data

The processing of your personal data is governed by the Application’s Privacy Policy, available at https://whileresume.com/fr/mentions-legales, in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act.

You have rights of access, rectification, erasure, objection and portability, which may be exercised by contacting contact@whileresume.com.

12. Service availability and warranties

The Application is provided “as is” and “as available”. The Publisher strives to ensure continuous operation but does not warrant that the Application will be free from interruptions, errors or bugs.

The Publisher does not guarantee that a Candidate will find employment or that a Recruiter will find a candidate. The Application is a connection tool, not a recruitment-service provider.

To the extent permitted by law, the Publisher disclaims all implied warranties. Mandatory statutory warranties, including conformity warranties, remain applicable.

13. Limitation of liability

To the extent permitted by law, the Publisher will not be liable for indirect damage, loss of data, loss of opportunity or loss of prospects resulting from the use of, or inability to use, the Application.

In all circumstances, the Publisher’s total aggregate liability is limited to the amounts actually paid by the User during the twelve (12) months preceding the event giving rise to the claim.

Nothing in this EULA limits the Publisher’s liability in the event of gross negligence, wilful misconduct, death or personal injury.

14. Term and termination

The EULA takes effect when the Application is installed or first used and remains in force for as long as you use it.

You may terminate it at any time by uninstalling the Application and deleting your Account.

The Publisher may terminate or suspend the licence without notice if this EULA is breached. Upon termination, you must stop all use and uninstall the Application. The provisions concerning intellectual property, liability and governing law will survive termination.

15. App Store-specific provisions (Apple)

The following provisions apply when the Application is downloaded from the App Store:

• This EULA is entered into solely between you and the Publisher, not Apple. The Publisher alone is responsible for the Application and its content.
• Apple has no obligation to provide maintenance or support services for the Application.
• If the Application fails to conform to an applicable warranty, you may notify Apple, which may refund any purchase price. To the extent permitted by law, Apple has no other warranty obligation; any other claim is the Publisher’s responsibility.
• The Publisher, not Apple, is responsible for handling claims from Users or third parties concerning the Application, including product liability, legal compliance and intellectual-property infringement.
• If a third party claims that the Application infringes its intellectual-property rights, the Publisher will be solely responsible for that claim.
• You represent that you are not located in a country subject to a United States embargo or designated as supporting terrorism, and that you are not listed as a prohibited or restricted party.
• Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce its provisions against you.

16. Google Play Store-specific provisions

When the Application is downloaded from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to this EULA and accepts no liability in connection with the Application.

17. Changes to the EULA

The Publisher may amend this EULA at any time, particularly to reflect changes in the law or the Application’s features. You will be notified of material changes by any appropriate means. Continued use of the Application after the changes take effect constitutes acceptance.

18. Governing law and jurisdiction

This EULA is governed by French law, excluding its conflict-of-law rules.

In the event of a dispute concerning the formation, interpretation or performance of this EULA, the parties will endeavour to reach an amicable resolution. If no amicable agreement is reached within thirty (30) days after written notice of the dispute, the courts having jurisdiction over the Publisher’s registered office will have exclusive jurisdiction, including where there are multiple defendants, third-party proceedings or urgent proceedings, unless mandatory law provides otherwise.

Because paid features are reserved for professional Recruiters, consumer-mediation provisions do not apply to these contractual relationships. Candidates’ free use of the Application does not give rise to a contract of sale or paid service provision.

19. Contact

For any questions concerning this EULA or the Application:

By using WhileResume, you acknowledge that you have read this EULA and agree to all of its provisions.