End User License Agreement (EULA)

1. Preamble and acceptance

This End User License Agreement (hereinafter the "EULA" or the "Agreement") constitutes a legally binding agreement between you (hereinafter the "User" or "you") and Mirtillo Studio, an EURL with share capital of €100, registered with the Strasbourg Trade and Companies Register under number 918 382 979, with its registered office located at 2 rue de la Hollau, 67540 Ostwald, France, represented by Mr. Sylvain Dieterle (hereinafter the "Publisher" or "we").

The EULA governs your use of the mobile and/or web application WhileResume (hereinafter 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 accepted, without reservation, the entirety of this EULA. If you do not accept these terms, you must not install or use the Application.

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

2. Definitions

Application: the WhileResume software, its updates, documentation and all content provided by the Publisher.
Candidate: a User who creates a profile and a CV in order to make themselves visible to recruiters.
Recruiter: a professional User who uses the Application to view candidate profiles and post job offers.
Account: the personal space created by the User to access the features of the Application.
User Content: any data, CV, profile, text, job offer or information submitted by the User through the Application.
Subscription: the paid subscription granting access to premium features for a fixed period.
In-app job offer purchase: the individual or bundled publication of one or more job offers, payable via in-app purchase.
Distribution platform: the App Store (Apple) or the Google Play Store (Google).

3. Purpose and grant of license

Subject to your compliance with this EULA, the Publisher grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Application, for strictly personal and lawful purposes (or internal professional purposes for Recruiters).

This license authorizes you to install and use the Application on any device that you own or control, in compliance with the usage rules of the Distribution platforms.

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

4. Usage restrictions

You agree not to:

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

Any breach of these restrictions results in the automatic termination of the license.

5. User account

Access to the features requires the creation of an Account. You undertake to provide accurate and up-to-date information, and to maintain the confidentiality of your credentials. You are solely responsible for any activity carried out through your Account.

You must be at least 18 years old, or have the consent of a legal guardian, 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 abusive use.

6. User content

You retain ownership of the User Content you publish (CV, profile, job offers, etc.). You grant the Publisher a worldwide, non-exclusive and royalty-free license to host, reproduce, display and distribute this Content for the sole purpose of providing the service (connecting candidates and recruiters).

You warrant that you hold all rights to the User Content published and that it does not infringe the rights of third parties or applicable laws (in particular regarding non-discrimination in hiring and data protection).

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

7. Annual subscription

7.1 Subscription

Use of the Application is free for Candidates (creation of a profile, a CV and visibility to recruiters).

The paid features, including the annual Subscription, are exclusively reserved for Recruiters acting in a professional capacity (companies and organizations within the context of their recruitment activity). By subscribing, the Recruiter declares that they are acting for professional purposes and not as a consumer. The details of the features and the duration are indicated in the Application before any subscription.

The price of the Subscription is the one displayed in the Application at the time of subscription, in the currency of your App Store or Google Play account. This price is brought to your attention in a clear and unambiguous manner before any payment confirmation and any commitment on your part.

7.2 Payment

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

7.3 Automatic renewal

The Subscription is automatically renewed for successive periods of one (1) year, at the prevailing rate, unless terminated before the end of the current period.

In accordance with the subscription management terms of the Distribution platforms, the Recruiter is informed of the renewal conditions and retains the ability to disable automatic renewal at any time from their App Store or Google Play account before the due date. As the Subscription is intended for professional clients, the renewal provisions protecting consumers (Articles L.215-1 et seq. of the French Consumer Code) do not apply; the renewal and termination terms are governed by this EULA and by the terms of the Distribution platform.

7.4 Management and termination

The management and termination of the Subscription are carried out directly in the settings of your App Store or Google Play account (or via your billing area for the web version). Termination takes effect at the end of the current billing period; access to premium features is maintained until that date.

8. In-app job offer purchases

Recruiters, acting exclusively in a professional capacity, may purchase the publication of job offers via in-app purchases (individually or in bundles), according to the rates displayed in the Application at the time of purchase. These purchases are reserved for professional Recruiters and are not offered to Candidates.

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

In-app purchases are final, subject to mandatory legal provisions and the refund policies of the Distribution platform.

9. No right of withdrawal (professional clients)

As the paid features (annual Subscription, job offer purchases) are exclusively subscribed to by Recruiters acting for professional purposes, the right of withdrawal provided for in Articles L.221-18 et seq. of the French Consumer Code does not apply to these subscriptions, in accordance with the scope of these provisions, which are reserved for consumers.

For all useful purposes, the Recruiter expressly acknowledges and accepts, at the time of subscription, that the performance of the service (access to premium features, publication of job offers) begins immediately and that the amounts paid are non-refundable, subject to mandatory legal provisions and the refund policies of the Distribution platform (Apple / Google).

10. Intellectual property

The Application, its code, its interfaces, its databases, its trademarks, logos and all components thereof 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 right over 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 can be exercised by contacting contact@whileresume.com.

12. Service availability and warranties

The Application is provided "as is" and "as available". The Publisher endeavors to ensure continuous operation but does not guarantee the absence of interruptions, errors or bugs.

The Publisher does not guarantee that a Candidate will find a job or that a Recruiter will find a candidate; the Application is a connection tool and not a recruitment service provider.

To the extent permitted by law, the Publisher excludes all implied warranties. Statutory warranties (in particular of conformity) remain applicable where they are mandatory.

13. Limitation of liability

To the extent permitted by law, the Publisher shall not be held liable for indirect damages, loss of data, loss of chance or loss of opportunity resulting from the use of or inability to use the Application.

In any event, the Publisher's total liability, for all causes combined, is limited to the amounts actually paid by the User during the twelve (12) months preceding the triggering event.

No provision of this EULA limits the Publisher's liability in the event of gross negligence, willful misconduct, or harm to life or physical integrity.

14. Term and termination

The EULA takes effect upon installation or use of the Application 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 license in the event of a breach of this EULA, without notice. Upon termination, you must cease all use and uninstall the Application. The articles relating to intellectual property, liability and applicable law survive termination.

15. Provisions specific to the App Store (Apple)

These provisions apply when the Application is downloaded from the App Store:

This EULA is concluded between you and the Publisher only, and not with Apple. The Publisher is solely responsible for the Application and its content.
Apple has no obligation to provide maintenance or support services relating to the Application.
In the event of non-conformity of the Application with an applicable warranty, you may notify Apple, which may refund you any purchase price. To the extent permitted by law, Apple has no other warranty obligation; any other claim falls within the Publisher's responsibility.
The Publisher, and not Apple, is responsible for handling claims from the User or third parties relating to the Application (product liability, legal conformity, intellectual property infringement).
In the event of a third-party claim that the Application infringes its intellectual property rights, the Publisher alone assumes responsibility.
You represent that you are not located in a country subject to a U.S. embargo or designated as supporting terrorism, and that you are not listed on any prohibited or restricted party list.
Apple and its subsidiaries are third-party beneficiaries of this EULA and have the right to enforce its provisions against you.

16. Provisions specific to the Google Play Store

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 assumes no liability in respect of the Application.

17. Amendment of the EULA

The Publisher may amend this EULA at any time, in particular to comply with legal or feature developments. Substantial changes will be notified to you by any appropriate means. Continued use of the Application after the changes come into 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 relating to the formation, interpretation or performance of this EULA, the parties shall endeavor to reach an amicable resolution. Failing an amicable agreement within thirty (30) days of written notification of the dispute, the courts having jurisdiction over the location of the Publisher's registered office shall have sole jurisdiction, including in the event of multiple defendants, third-party proceedings or urgent proceedings, unless a mandatory legal provision provides otherwise.

As the paid features are reserved for professional Recruiters, the provisions relating to consumer mediation do not apply to these contractual relationships. The free use of the Application by Candidates does not give rise to any contract of sale or provision of services for consideration.

19. Contact

For any question relating to this EULA or the Application:

Mirtillo Studio (EURL)
2 rue de la Hollau, 67540 Ostwald, France
Email: contact@whileresume.com
Strasbourg Trade and Companies Register — SIREN 918 382 979

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