Terms of use
Updated on 08/04/2026
1. Identification of Kalent
Kalent is a simplified joint-stock company (société par actions simplifiée) registered with the Nantes Trade and Companies Register under number 953 550 597. Its registered office is located at 10B Quai Turenne, 44000 Nantes. Kalent can be contacted at the following email address: tech@kalent.ai
2. Services offered
Kalent publishes and operates an artificial intelligence solution in SaaS mode (Software as a Service) (the "Platform") offering its clients (the "Clients") seeking to recruit a service allowing them to optimise the search for suitable profiles (the "Services").
3. Information on the General Terms and Conditions
These general terms and conditions (the "General Terms and Conditions") constitute the single document governing the contractual relationship between Kalent and the Client and define: the conditions of use of its Services, the respective obligations of the parties. The Client can find them via a direct link at the bottom of the Platform page. The Client accepts the General Terms and Conditions by ticking a box on the registration form. They may be supplemented by specific conditions which, in the event of contradiction, take precedence over the general terms and conditions.
4. Conditions of access to the Services
(i) The client is a legal entity acting through a natural person who has the power or authority necessary to enter into a contract on its behalf and for its account.
(ii) The Client is a professional, defined as any natural or legal person acting for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including when acting on behalf of or for another professional.
5. How to access and benefit from the Services
To benefit from the Services, the Client may contact Kalent by any useful means, and in particular at the address mentioned in the "Identification of Kalent" article, in order to discuss the Services to which the Client wishes to subscribe. The Client will provide Kalent with all information relating to their needs. Kalent is free to refuse any request to subscribe to the Services made by the Client if it does not meet the conditions set out in the "Conditions of access to the Services" article or for any other reason at its sole and absolute discretion.
At the end of these exchanges, Kalent will send the Client an email containing a link allowing them to directly access the Services online. To subscribe to the Services, the Client must complete the form included in the link sent by Kalent. Registration automatically results in the opening of an account in the Client's name (the "Account") which allows them to access the Services using their login and password.
Once the Client's Account has been created, the Client is free to create access for users (the "Users") up to the number indicated in the subscribed Services. The Client is solely responsible for creating access for Users, defining their access rights and their personal use of the Platform.
6. Description of the Services
6.1. The Services
Prior to any subscription, the Client acknowledges that they may review the characteristics of the Services and their constraints, in particular technical ones, 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, for which Kalent is not responsible. The Services to which the Client has subscribed are described on the Platform and the Client has access to the following Services:
Targeting candidate profiles meeting the search criteria set by the Client
Through its Platform, Kalent enables the Client to target the candidate profiles that best meet the criteria set by the Client on the Platform as part of their recruitment search. The Client expressly acknowledges that the profiles proposed by Kalent must have a profile on the LinkedIn social network. For each search, the Client must provide a description of the position for which they wish to recruit and any information they deem necessary for that recruitment.
Access to a dashboard
The Client has access to a dashboard enabling them to create candidate profile searches ("Sourcing") and to monitor the candidate profiles proposed by Kalent ("Candidates") with regard to the criteria set by the Client in their Sourcing. The Client may create a Sourcing either by drafting it on the Platform in natural language in French or English, or by uploading a PDF file or entering an HTML link on the Platform whose content is written in French or English.
Access to automated personalised messages for candidates
The Client may use personalised messages generated by Kalent to contact Candidates. The Client may contact Candidates directly via their LinkedIn account, which they can connect to the Platform, or by email and WhatsApp.
Access to additional information or enriched data
The Client may subscribe to additional options allowing them to obtain an estimate of a Candidate's remuneration or to obtain enriched data. The type and number of additional or enriched items of information are indicated on the Platform and are credited to the balance of credits subscribed by the Client ("Credits"). Kalent reserves the right to offer any other Service. Any request to modify the subscribed Services must be the subject of a new subscription.
6.2. Additional Services
6.2.1. Maintenance
During the term 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, Kalent uses its best efforts to provide the Client with corrective maintenance in order to correct any malfunction or bug identified on the Platform. Regarding evolutionary maintenance, the Client benefits during the term of the Services from evolutionary maintenance, which Kalent may carry out automatically and without prior notice, and which includes improvements to Platform features, the addition of new features and/or technical installations used in connection with the Platform (aimed at introducing minor or major extensions). Access to the Platform may also be limited or suspended for planned maintenance reasons, which may include the aforementioned corrective and evolutionary maintenance operations.
6.2.2. Hosting
Kalent ensures, under a best-efforts obligation, the hosting of the Platform, on its own servers or through a professional hosting provider, on servers located within the territory of the European Union.
6.2.3. Technical support
In the event of difficulty encountered when using the Services, the Client may contact Kalent via the chatbot available on the Platform. The technical support service is available Monday to Friday, excluding public holidays, from 9am to 6pm.
7. Kalent's financial terms
7.1. Pricing of the Services
The price of the service is defined by Kalent in agreement with the Client. Regarding Credits, these correspond to a number of additional or enriched items of information to which the Client may have access. The Credits balance is debited with each information request made by the Client. The Client acknowledges that if they wish to subscribe to Credits as part of the Services, they must contact their account manager. The Client expressly acknowledges and accepts that Credits not used before the end of the current Period will not be carried over to the following Period nor refunded. Any Period commenced is due in full. Kalent is free to offer promotional offers or price reductions. Kalent's prices may be revised at any time in accordance with the conditions of the "Modification of the General Terms and Conditions" article.
7.2. Kalent's invoicing and payment terms
Kalent will send the Client an invoice for each Period by any useful means, payable within a maximum of 30 days from the date of issue. Payment for the service is made by SEPA bank transfer. The Client guarantees to Kalent that they have the necessary authorisations to use this payment method.
7.3. Consequences of late or non-payment
In the event of non-payment or late payment, Kalent reserves the right, from the day following the due date shown on the invoice, to:
- immediately suspend ongoing services until full payment is received,
- charge late payment interest equal to 3 times the legal interest rate, calculated on the amount of sums unpaid at the due date, and a fixed indemnity of €40 for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred exceed this amount.
8. Intellectual property rights
8.1. Intellectual property rights in the Platform
The Platform is the property of Kalent, as are the software, infrastructure, databases and content of any kind (texts, images, visuals, music, logos, trademarks, etc.) that it uses. They are protected by all intellectual property rights or database producer rights in force. The licence granted by Kalent to the Client does not involve any transfer of ownership. The Client and Users benefit from a non-exclusive, non-transferable SaaS licence to use the Platform for the duration specified in the "Duration of the Services subscription" article.
8.2. Intellectual property rights in content
As part of their use of the Services, the Client may create or distribute content of any kind on the Platform as well as Sourcing (the "Content"). The Client agrees that Kalent may modify (in particular the framing, format and colours) and/or adapt the Content and Sourcing (in particular to the technical constraints of the Platform, including alterations or degradations of their quality) for the purposes of providing the Services.
9. Commercial references
The parties may use their respective names, trademarks and logos and refer to their respective platforms as commercial references during the term of their contractual relationship and for 3 years thereafter.
10. Client obligations and liability
10.1. Regarding the provision of information
The Client undertakes to provide Kalent with all information necessary for subscribing to and using the Services.
10.2. Regarding the Client's account
The Client:
- guarantees the accuracy of the information submitted in the form and undertakes to keep it up to date,
- acknowledges that this information constitutes proof of their identity and is binding upon them once validated,
- is responsible for maintaining the confidentiality and security of their login and password. Any access to the Platform using these credentials is deemed to have been made by the Client.
The Client must immediately contact Kalent at the contact details mentioned in the "Identification of Kalent" article if they become aware that their Account has been used without their knowledge. The Client is solely responsible for creating access for Users and configuring their access rights.
10.3. Regarding the use of the Services
The Client is solely responsible for defining Users' access rights. 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 undertakes to ensure 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 undertakes not to misuse the Services for purposes other than those for which they were designed, and in particular not to:
- conduct any illegal or fraudulent activity,
- breach public order and morality,
- infringe the rights of third parties in any way,
- violate any contractual, legislative or regulatory provision,
- engage in any activity likely to interfere with a third party's computer system, in particular with the aim of undermining its integrity or security,
- carry out manoeuvres to promote their own or a third party's services and/or websites,
- assist or incite a third party to commit one or more of the acts or activities listed above.
The Client also undertakes not to:
- copy, modify or misappropriate any element belonging to Kalent or any concept it operates in connection with the Services,
- adopt any behaviour likely to interfere with, misappropriate or undermine the computer systems or IT security measures of Kalent,
- infringe the financial, commercial or moral rights and interests of Kalent,
- commercialise, transfer or grant access in any way to the Services, the information hosted on the Platform or any element belonging to Kalent.
The Client is responsible for Content of any kind that they distribute in connection with the Services. The Client accepts that Content distributed on the Platform is public by default and may be seen by other users of the Platform.
The Client undertakes not to distribute Content (this list being non-exhaustive) that:
- breaches public order and decency (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist),
- infringes the rights of third parties (unlawful content, personality rights, etc.) or more generally violates any contractual, legislative or regulatory provision,
- is harmful to third parties in any way,
- is misleading, false or promotes illegal, fraudulent or deceptive activities,
- is harmful to third-party computer systems.
The Client acknowledges and accepts that as part of the Services, the Client may transmit their profile search requirements and information relating 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,
- content produced by computer (i.e. not handwritten),
- data written in the Latin alphabet and/or containing decimal numbering,
- any other specification specified by Kalent on the Platform.
Kalent does not guarantee the accurate extraction of data and information from content transmitted through systems and/or formats other than those mentioned above. Furthermore, Kalent does not guarantee the accuracy of the data and information contained in the Content. The Client acknowledges and accepts that Content containing illegible data may not be processed correctly.
The Client is responsible for the relationships they may establish with Candidates. They undertake to act with discernment and to observe the usual rules of politeness and courtesy in their exchanges with other users. The Client indemnifies Kalent against any claim and/or action that may be brought against it as a result of the Client's breach of any of their obligations. The Client will indemnify Kalent for any loss suffered and reimburse Kalent for all sums it has had to pay as a result.
11. Kalent's obligations and liability
Kalent undertakes to provide the Services with diligence, it being specified that it is bound by a best-efforts obligation. Kalent undertakes to comply with applicable regulations.
11.1. Regarding the quality of the Services
Kalent does its utmost to provide the Client with quality Services. To this end, Kalent carries out regular checks to verify the operation and accessibility of its Services and may carry out maintenance operations under the conditions specified in the "Maintenance" article. However, Kalent is not responsible for temporary difficulties or impossibilities in accessing its Services attributable to:
- circumstances external to its network (and in particular the partial or total failure of the Client's servers),
- the failure of equipment, cabling, services or networks not included in its services or for which it is not responsible,
- the interruption of services by telecommunications operators or Internet access providers,
- the Client's intervention, in particular through incorrect configuration of the services,
- force majeure.
Kalent is responsible for the operation of its servers, the outer limits of which are constituted by the connection points. The Client expressly acknowledges that Kalent is not responsible for the data relating to Candidates communicated to it on the Platform, such data coming from third-party sites over which Kalent has no control. Kalent provides the Client with Candidate profiles meeting the criteria set by the Client in the Sourcing, using advanced artificial intelligence technology. The Client acknowledges that the Services offer an additional solution for finding candidates meeting the Client's search criteria more easily and quickly, and that this solution does not replace any other means the Client may have to achieve the same objective.
11.2. Regarding the Platform service level guarantee
Kalent uses its best efforts to maintain access to the Platform 24 hours a day, 7 days a week, except in the event of planned maintenance as defined in the "Maintenance" article or in the event of force majeure.
11.3. Regarding the backup of data on the Platform
Kalent uses its best efforts to back up all data produced and/or entered by/on the Platform. Except in the event of proven fault on the part of Kalent, Kalent is not responsible for data loss during maintenance operations.
11.4. Regarding the publication of content
Kalent acts as a host for the Content that the Client publishes online. Consequently, Kalent is not responsible for such Content. If Kalent is informed of any unlawful Content, it will act promptly to remove it or make it inaccessible, and may take the measures described in the "Sanctions for breach" article.
11.5. Regarding the relationship between users
Kalent acts as an intermediary in the relationship between the Client and Candidates. Kalent cannot therefore be held responsible for the relationship the Client may establish with Candidates, nor be party to any dispute whatsoever. Kalent does not guarantee the volume of recruitment that the Client may achieve through use of the Services.
11.6. Advertising on the Platform
Kalent may publish and/or send the Client any advertising or promotional message by redirecting the Client to third-party platforms. However, Kalent is not responsible for: the technical availability of the content, products and/or services of these platforms, or the Client's relations with these platforms.
11.7. Regarding subcontracting and assignment
Kalent may use subcontractors for the performance of the Services, who are subject to the same obligations as Kalent. Kalent remains solely responsible to the Client for the proper performance of the Services. Kalent may substitute any person who will be subrogated to all of its rights and obligations under its contractual relationship with the Client. In such case, Kalent will inform the Client of this substitution by any written means.
12. Limitation of Kalent's liability
Kalent's liability is limited to proven direct damages suffered by the Client as a result of using the Services. Except in the case of personal injury, death and gross negligence, and subject to having filed a claim by registered letter with acknowledgement of receipt within one month of the occurrence of the damage, Kalent's liability shall not exceed the sums received by it during the 12 months preceding the event giving rise to liability, or the duration of provision of its Services if that duration is shorter. Kalent cannot be held liable for any error contained in the information on Candidates proposed by the Platform.
MCP Usage
Kalent shall not be held liable for the use made by the Client of its data, in particular through processing, filtering, reprocessing, by any means whatsoever, and notably through the use of artificial intelligence solutions.
13. Acceptable means of proof
The Client is informed that messages exchanged via the Platform as well as data collected on the Platform and Kalent's computer equipment constitute one of the admissible means of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.
14. Processing of personal data
14.1. General provisions
In connection with the access by the Client and Users to the Services available on the Platform, Kalent may process personal data relating to the Client and Users. To find out more about the processing carried out by Kalent, the Client is invited to read Kalent's privacy policy available on the Platform.
14.2. Processing of candidates' personal data
Each party undertakes to comply with all legal and regulatory obligations incumbent upon it with regard to the protection of personal data, in particular Law 78-17 of 6 January 1978 in its latest amended version, known as the Data Protection Act, and EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter together the "Applicable Regulations").
In the context hereof, Kalent and the Client are respectively data controllers for the personal data collected from Candidates within their respective scopes. In this context, Kalent is responsible for processing Candidates' data up to the point of transmission to the Client, who becomes responsible for processing Candidates' personal data when they decide to contact them. It is the responsibility of each party, as data controller, to ensure that data is properly processed:
- to define the legal basis or bases applicable to the processing within its own scope,
- to ensure that data subjects are informed in advance of the processing and transfers carried out and their purposes,
- to ensure the implementation, under its sole responsibility, of appropriate technical and organisational measures designed to guarantee the security, confidentiality and integrity of the other party's personal data, in particular against any risk of destruction, loss, corruption, misappropriation or unauthorised disclosure,
- to implement appropriate procedures for receiving and managing data subjects' requests relating to their rights over their personal data,
- to implement appropriate procedures for detecting, alerting and notifying potential personal data breaches,
- to deploy appropriate protection within its own subcontractors and tools,
- to monitor any cross-border flows in accordance with the applicable regulations,
- to cooperate with each other and provide any useful information or document to comply with the applicable regulations,
- to each undertake (i) to enter into contracts with their subcontractors who collect and process personal data on their behalf that comply with the applicable Regulations and (ii) to ensure that these subcontractors implement the appropriate technical and organisational measures to guarantee the compliance of such processing with the applicable Regulations.
More specifically, the Client undertakes to:
- obtain the prior, specific, informed and free consent of candidates whose application has not been successful for the purposes of establishing a CV reserve,
- retain the data of unsuccessful candidates for a maximum period of two (2) years, subject to the prior consent defined above.
Kalent disclaims all liability for the processing carried out by the Client once it has received the Candidates' personal data.
15. Respective confidentiality obligations of the parties
Unless otherwise agreed in writing by the other party, the parties each undertake to keep confidential, during the term of their contractual relationship and for 3 years beyond, all information relating to or held by the other party, of which they become aware in connection with the conclusion and performance of their contractual relationship, except for information:
- that the receiving party was already aware of,
- that was already in the public domain at the time of its communication or that becomes so without breach of this clause,
- that was received from a third party in a lawful manner,
- the communication of which is required by judicial authorities, pursuant to laws and regulations or in order to assert the rights of a party within the framework of the contractual relationship between the parties.
Confidential information may be transmitted to the respective employees, collaborators, interns, agents and co-contractors of the parties, provided they are subject to the same confidentiality obligation.
16. Force majeure
The parties cannot be held liable for failures or delays in the performance of their contractual obligations that originate from a force majeure event occurring during the term of their relationship, as defined in Article 1218 of the French Civil Code. If one of the parties is prevented from performing its obligations due to a force majeure event, it must inform the other party by registered letter with acknowledgement of receipt. The obligations are suspended upon receipt of the letter and must resume within a reasonable period once the force majeure event has ended. The party prevented from performing nonetheless remains bound by the performance of obligations not affected by the force majeure event and by any payment obligation.
17. End of the Services
The duration of our annual licences is specified in the contract clauses.
18. Sanctions for non-compliance
The following constitute essential obligations with respect to the Client (the "Essential Obligations"):
- payment of the price,
- not providing incorrect or incomplete information to Kalent,
- observing the usual rules of politeness and courtesy in exchanges with Kalent,
- not using the services on behalf of a third party,
- not engaging in illegal or fraudulent activities or activities that infringe the rights or security of third parties, public order or applicable laws and regulations.
In the event of a breach of any of these Essential Obligations, Kalent may:
- suspend or delete the Client's access to the services,
- delete any content related to the breach,
- publish on the Platform any informational message that Kalent deems useful,
- notify any competent authority, cooperate with it and provide it with any useful information for the investigation and prosecution of illegal or unlawful activities,
- initiate legal proceedings.
In the event of a breach of an obligation other than an Essential Obligation, Kalent will ask the Client, by any useful written means, to remedy the breach within a maximum period of 5 calendar days. The Services will terminate at the end of this period if the breach has not been remedied.
19. Modification of the General Terms and Conditions
The termination of the Services results in the deletion of the Client's Account. Kalent may modify its General Terms and Conditions at any time and will inform the Client thereof by any written means (and in particular by email) at least 2 months before they come into force. The modified General Terms and Conditions shall apply upon renewal of the Client's Subscription. If the Client does not accept these modifications, they must terminate their Subscription in accordance with the conditions set out in the "End of Services" article. If the Client uses the Services after the modified General Terms and Conditions have come into force, Kalent considers that the Client has accepted them.
20. Language
The French language shall prevail in the event of any contradiction or dispute as to the meaning of a term or provision.
21. Applicable law and competent courts
In the event of a dispute between the Client and Kalent, and in the absence of an amicable agreement within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), unless there are mandatory contrary provisions.
1. Identification of Kalent
Kalent is a simplified joint-stock company (société par actions simplifiée) registered with the Nantes Trade and Companies Register under number 953 550 597. Its registered office is located at 10B Quai Turenne, 44000 Nantes. Kalent can be contacted at the following email address: tech@kalent.ai
2. Services offered
Kalent publishes and operates an artificial intelligence solution in SaaS mode (Software as a Service) (the "Platform") offering its clients (the "Clients") seeking to recruit a service allowing them to optimise the search for suitable profiles (the "Services").
3. Information on the General Terms and Conditions
These general terms and conditions (the "General Terms and Conditions") constitute the single document governing the contractual relationship between Kalent and the Client and define: the conditions of use of its Services, the respective obligations of the parties. The Client can find them via a direct link at the bottom of the Platform page. The Client accepts the General Terms and Conditions by ticking a box on the registration form. They may be supplemented by specific conditions which, in the event of contradiction, take precedence over the general terms and conditions.
4. Conditions of access to the Services
(i) The client is a legal entity acting through a natural person who has the power or authority necessary to enter into a contract on its behalf and for its account.
(ii) The Client is a professional, defined as any natural or legal person acting for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including when acting on behalf of or for another professional.
5. How to access and benefit from the Services
To benefit from the Services, the Client may contact Kalent by any useful means, and in particular at the address mentioned in the "Identification of Kalent" article, in order to discuss the Services to which the Client wishes to subscribe. The Client will provide Kalent with all information relating to their needs. Kalent is free to refuse any request to subscribe to the Services made by the Client if it does not meet the conditions set out in the "Conditions of access to the Services" article or for any other reason at its sole and absolute discretion.
At the end of these exchanges, Kalent will send the Client an email containing a link allowing them to directly access the Services online. To subscribe to the Services, the Client must complete the form included in the link sent by Kalent. Registration automatically results in the opening of an account in the Client's name (the "Account") which allows them to access the Services using their login and password.
Once the Client's Account has been created, the Client is free to create access for users (the "Users") up to the number indicated in the subscribed Services. The Client is solely responsible for creating access for Users, defining their access rights and their personal use of the Platform.
6. Description of the Services
6.1. The Services
Prior to any subscription, the Client acknowledges that they may review the characteristics of the Services and their constraints, in particular technical ones, 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, for which Kalent is not responsible. The Services to which the Client has subscribed are described on the Platform and the Client has access to the following Services:
Targeting candidate profiles meeting the search criteria set by the Client
Through its Platform, Kalent enables the Client to target the candidate profiles that best meet the criteria set by the Client on the Platform as part of their recruitment search. The Client expressly acknowledges that the profiles proposed by Kalent must have a profile on the LinkedIn social network. For each search, the Client must provide a description of the position for which they wish to recruit and any information they deem necessary for that recruitment.
Access to a dashboard
The Client has access to a dashboard enabling them to create candidate profile searches ("Sourcing") and to monitor the candidate profiles proposed by Kalent ("Candidates") with regard to the criteria set by the Client in their Sourcing. The Client may create a Sourcing either by drafting it on the Platform in natural language in French or English, or by uploading a PDF file or entering an HTML link on the Platform whose content is written in French or English.
Access to automated personalised messages for candidates
The Client may use personalised messages generated by Kalent to contact Candidates. The Client may contact Candidates directly via their LinkedIn account, which they can connect to the Platform, or by email and WhatsApp.
Access to additional information or enriched data
The Client may subscribe to additional options allowing them to obtain an estimate of a Candidate's remuneration or to obtain enriched data. The type and number of additional or enriched items of information are indicated on the Platform and are credited to the balance of credits subscribed by the Client ("Credits"). Kalent reserves the right to offer any other Service. Any request to modify the subscribed Services must be the subject of a new subscription.
6.2. Additional Services
6.2.1. Maintenance
During the term 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, Kalent uses its best efforts to provide the Client with corrective maintenance in order to correct any malfunction or bug identified on the Platform. Regarding evolutionary maintenance, the Client benefits during the term of the Services from evolutionary maintenance, which Kalent may carry out automatically and without prior notice, and which includes improvements to Platform features, the addition of new features and/or technical installations used in connection with the Platform (aimed at introducing minor or major extensions). Access to the Platform may also be limited or suspended for planned maintenance reasons, which may include the aforementioned corrective and evolutionary maintenance operations.
6.2.2. Hosting
Kalent ensures, under a best-efforts obligation, the hosting of the Platform, on its own servers or through a professional hosting provider, on servers located within the territory of the European Union.
6.2.3. Technical support
In the event of difficulty encountered when using the Services, the Client may contact Kalent via the chatbot available on the Platform. The technical support service is available Monday to Friday, excluding public holidays, from 9am to 6pm.
7. Kalent's financial terms
7.1. Pricing of the Services
The price of the service is defined by Kalent in agreement with the Client. Regarding Credits, these correspond to a number of additional or enriched items of information to which the Client may have access. The Credits balance is debited with each information request made by the Client. The Client acknowledges that if they wish to subscribe to Credits as part of the Services, they must contact their account manager. The Client expressly acknowledges and accepts that Credits not used before the end of the current Period will not be carried over to the following Period nor refunded. Any Period commenced is due in full. Kalent is free to offer promotional offers or price reductions. Kalent's prices may be revised at any time in accordance with the conditions of the "Modification of the General Terms and Conditions" article.
7.2. Kalent's invoicing and payment terms
Kalent will send the Client an invoice for each Period by any useful means, payable within a maximum of 30 days from the date of issue. Payment for the service is made by SEPA bank transfer. The Client guarantees to Kalent that they have the necessary authorisations to use this payment method.
7.3. Consequences of late or non-payment
In the event of non-payment or late payment, Kalent reserves the right, from the day following the due date shown on the invoice, to:
- immediately suspend ongoing services until full payment is received,
- charge late payment interest equal to 3 times the legal interest rate, calculated on the amount of sums unpaid at the due date, and a fixed indemnity of €40 for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred exceed this amount.
8. Intellectual property rights
8.1. Intellectual property rights in the Platform
The Platform is the property of Kalent, as are the software, infrastructure, databases and content of any kind (texts, images, visuals, music, logos, trademarks, etc.) that it uses. They are protected by all intellectual property rights or database producer rights in force. The licence granted by Kalent to the Client does not involve any transfer of ownership. The Client and Users benefit from a non-exclusive, non-transferable SaaS licence to use the Platform for the duration specified in the "Duration of the Services subscription" article.
8.2. Intellectual property rights in content
As part of their use of the Services, the Client may create or distribute content of any kind on the Platform as well as Sourcing (the "Content"). The Client agrees that Kalent may modify (in particular the framing, format and colours) and/or adapt the Content and Sourcing (in particular to the technical constraints of the Platform, including alterations or degradations of their quality) for the purposes of providing the Services.
9. Commercial references
The parties may use their respective names, trademarks and logos and refer to their respective platforms as commercial references during the term of their contractual relationship and for 3 years thereafter.
10. Client obligations and liability
10.1. Regarding the provision of information
The Client undertakes to provide Kalent with all information necessary for subscribing to and using the Services.
10.2. Regarding the Client's account
The Client:
- guarantees the accuracy of the information submitted in the form and undertakes to keep it up to date,
- acknowledges that this information constitutes proof of their identity and is binding upon them once validated,
- is responsible for maintaining the confidentiality and security of their login and password. Any access to the Platform using these credentials is deemed to have been made by the Client.
The Client must immediately contact Kalent at the contact details mentioned in the "Identification of Kalent" article if they become aware that their Account has been used without their knowledge. The Client is solely responsible for creating access for Users and configuring their access rights.
10.3. Regarding the use of the Services
The Client is solely responsible for defining Users' access rights. 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 undertakes to ensure 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 undertakes not to misuse the Services for purposes other than those for which they were designed, and in particular not to:
- conduct any illegal or fraudulent activity,
- breach public order and morality,
- infringe the rights of third parties in any way,
- violate any contractual, legislative or regulatory provision,
- engage in any activity likely to interfere with a third party's computer system, in particular with the aim of undermining its integrity or security,
- carry out manoeuvres to promote their own or a third party's services and/or websites,
- assist or incite a third party to commit one or more of the acts or activities listed above.
The Client also undertakes not to:
- copy, modify or misappropriate any element belonging to Kalent or any concept it operates in connection with the Services,
- adopt any behaviour likely to interfere with, misappropriate or undermine the computer systems or IT security measures of Kalent,
- infringe the financial, commercial or moral rights and interests of Kalent,
- commercialise, transfer or grant access in any way to the Services, the information hosted on the Platform or any element belonging to Kalent.
The Client is responsible for Content of any kind that they distribute in connection with the Services. The Client accepts that Content distributed on the Platform is public by default and may be seen by other users of the Platform.
The Client undertakes not to distribute Content (this list being non-exhaustive) that:
- breaches public order and decency (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist),
- infringes the rights of third parties (unlawful content, personality rights, etc.) or more generally violates any contractual, legislative or regulatory provision,
- is harmful to third parties in any way,
- is misleading, false or promotes illegal, fraudulent or deceptive activities,
- is harmful to third-party computer systems.
The Client acknowledges and accepts that as part of the Services, the Client may transmit their profile search requirements and information relating 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,
- content produced by computer (i.e. not handwritten),
- data written in the Latin alphabet and/or containing decimal numbering,
- any other specification specified by Kalent on the Platform.
Kalent does not guarantee the accurate extraction of data and information from content transmitted through systems and/or formats other than those mentioned above. Furthermore, Kalent does not guarantee the accuracy of the data and information contained in the Content. The Client acknowledges and accepts that Content containing illegible data may not be processed correctly.
The Client is responsible for the relationships they may establish with Candidates. They undertake to act with discernment and to observe the usual rules of politeness and courtesy in their exchanges with other users. The Client indemnifies Kalent against any claim and/or action that may be brought against it as a result of the Client's breach of any of their obligations. The Client will indemnify Kalent for any loss suffered and reimburse Kalent for all sums it has had to pay as a result.
11. Kalent's obligations and liability
Kalent undertakes to provide the Services with diligence, it being specified that it is bound by a best-efforts obligation. Kalent undertakes to comply with applicable regulations.
11.1. Regarding the quality of the Services
Kalent does its utmost to provide the Client with quality Services. To this end, Kalent carries out regular checks to verify the operation and accessibility of its Services and may carry out maintenance operations under the conditions specified in the "Maintenance" article. However, Kalent is not responsible for temporary difficulties or impossibilities in accessing its Services attributable to:
- circumstances external to its network (and in particular the partial or total failure of the Client's servers),
- the failure of equipment, cabling, services or networks not included in its services or for which it is not responsible,
- the interruption of services by telecommunications operators or Internet access providers,
- the Client's intervention, in particular through incorrect configuration of the services,
- force majeure.
Kalent is responsible for the operation of its servers, the outer limits of which are constituted by the connection points. The Client expressly acknowledges that Kalent is not responsible for the data relating to Candidates communicated to it on the Platform, such data coming from third-party sites over which Kalent has no control. Kalent provides the Client with Candidate profiles meeting the criteria set by the Client in the Sourcing, using advanced artificial intelligence technology. The Client acknowledges that the Services offer an additional solution for finding candidates meeting the Client's search criteria more easily and quickly, and that this solution does not replace any other means the Client may have to achieve the same objective.
11.2. Regarding the Platform service level guarantee
Kalent uses its best efforts to maintain access to the Platform 24 hours a day, 7 days a week, except in the event of planned maintenance as defined in the "Maintenance" article or in the event of force majeure.
11.3. Regarding the backup of data on the Platform
Kalent uses its best efforts to back up all data produced and/or entered by/on the Platform. Except in the event of proven fault on the part of Kalent, Kalent is not responsible for data loss during maintenance operations.
11.4. Regarding the publication of content
Kalent acts as a host for the Content that the Client publishes online. Consequently, Kalent is not responsible for such Content. If Kalent is informed of any unlawful Content, it will act promptly to remove it or make it inaccessible, and may take the measures described in the "Sanctions for breach" article.
11.5. Regarding the relationship between users
Kalent acts as an intermediary in the relationship between the Client and Candidates. Kalent cannot therefore be held responsible for the relationship the Client may establish with Candidates, nor be party to any dispute whatsoever. Kalent does not guarantee the volume of recruitment that the Client may achieve through use of the Services.
11.6. Advertising on the Platform
Kalent may publish and/or send the Client any advertising or promotional message by redirecting the Client to third-party platforms. However, Kalent is not responsible for: the technical availability of the content, products and/or services of these platforms, or the Client's relations with these platforms.
11.7. Regarding subcontracting and assignment
Kalent may use subcontractors for the performance of the Services, who are subject to the same obligations as Kalent. Kalent remains solely responsible to the Client for the proper performance of the Services. Kalent may substitute any person who will be subrogated to all of its rights and obligations under its contractual relationship with the Client. In such case, Kalent will inform the Client of this substitution by any written means.
12. Limitation of Kalent's liability
Kalent's liability is limited to proven direct damages suffered by the Client as a result of using the Services. Except in the case of personal injury, death and gross negligence, and subject to having filed a claim by registered letter with acknowledgement of receipt within one month of the occurrence of the damage, Kalent's liability shall not exceed the sums received by it during the 12 months preceding the event giving rise to liability, or the duration of provision of its Services if that duration is shorter. Kalent cannot be held liable for any error contained in the information on Candidates proposed by the Platform.
MCP Usage
Kalent shall not be held liable for the use made by the Client of its data, in particular through processing, filtering, reprocessing, by any means whatsoever, and notably through the use of artificial intelligence solutions.
13. Acceptable means of proof
The Client is informed that messages exchanged via the Platform as well as data collected on the Platform and Kalent's computer equipment constitute one of the admissible means of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.
14. Processing of personal data
14.1. General provisions
In connection with the access by the Client and Users to the Services available on the Platform, Kalent may process personal data relating to the Client and Users. To find out more about the processing carried out by Kalent, the Client is invited to read Kalent's privacy policy available on the Platform.
14.2. Processing of candidates' personal data
Each party undertakes to comply with all legal and regulatory obligations incumbent upon it with regard to the protection of personal data, in particular Law 78-17 of 6 January 1978 in its latest amended version, known as the Data Protection Act, and EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter together the "Applicable Regulations").
In the context hereof, Kalent and the Client are respectively data controllers for the personal data collected from Candidates within their respective scopes. In this context, Kalent is responsible for processing Candidates' data up to the point of transmission to the Client, who becomes responsible for processing Candidates' personal data when they decide to contact them. It is the responsibility of each party, as data controller, to ensure that data is properly processed:
- to define the legal basis or bases applicable to the processing within its own scope,
- to ensure that data subjects are informed in advance of the processing and transfers carried out and their purposes,
- to ensure the implementation, under its sole responsibility, of appropriate technical and organisational measures designed to guarantee the security, confidentiality and integrity of the other party's personal data, in particular against any risk of destruction, loss, corruption, misappropriation or unauthorised disclosure,
- to implement appropriate procedures for receiving and managing data subjects' requests relating to their rights over their personal data,
- to implement appropriate procedures for detecting, alerting and notifying potential personal data breaches,
- to deploy appropriate protection within its own subcontractors and tools,
- to monitor any cross-border flows in accordance with the applicable regulations,
- to cooperate with each other and provide any useful information or document to comply with the applicable regulations,
- to each undertake (i) to enter into contracts with their subcontractors who collect and process personal data on their behalf that comply with the applicable Regulations and (ii) to ensure that these subcontractors implement the appropriate technical and organisational measures to guarantee the compliance of such processing with the applicable Regulations.
More specifically, the Client undertakes to:
- obtain the prior, specific, informed and free consent of candidates whose application has not been successful for the purposes of establishing a CV reserve,
- retain the data of unsuccessful candidates for a maximum period of two (2) years, subject to the prior consent defined above.
Kalent disclaims all liability for the processing carried out by the Client once it has received the Candidates' personal data.
15. Respective confidentiality obligations of the parties
Unless otherwise agreed in writing by the other party, the parties each undertake to keep confidential, during the term of their contractual relationship and for 3 years beyond, all information relating to or held by the other party, of which they become aware in connection with the conclusion and performance of their contractual relationship, except for information:
- that the receiving party was already aware of,
- that was already in the public domain at the time of its communication or that becomes so without breach of this clause,
- that was received from a third party in a lawful manner,
- the communication of which is required by judicial authorities, pursuant to laws and regulations or in order to assert the rights of a party within the framework of the contractual relationship between the parties.
Confidential information may be transmitted to the respective employees, collaborators, interns, agents and co-contractors of the parties, provided they are subject to the same confidentiality obligation.
16. Force majeure
The parties cannot be held liable for failures or delays in the performance of their contractual obligations that originate from a force majeure event occurring during the term of their relationship, as defined in Article 1218 of the French Civil Code. If one of the parties is prevented from performing its obligations due to a force majeure event, it must inform the other party by registered letter with acknowledgement of receipt. The obligations are suspended upon receipt of the letter and must resume within a reasonable period once the force majeure event has ended. The party prevented from performing nonetheless remains bound by the performance of obligations not affected by the force majeure event and by any payment obligation.
17. End of the Services
The duration of our annual licences is specified in the contract clauses.
18. Sanctions for non-compliance
The following constitute essential obligations with respect to the Client (the "Essential Obligations"):
- payment of the price,
- not providing incorrect or incomplete information to Kalent,
- observing the usual rules of politeness and courtesy in exchanges with Kalent,
- not using the services on behalf of a third party,
- not engaging in illegal or fraudulent activities or activities that infringe the rights or security of third parties, public order or applicable laws and regulations.
In the event of a breach of any of these Essential Obligations, Kalent may:
- suspend or delete the Client's access to the services,
- delete any content related to the breach,
- publish on the Platform any informational message that Kalent deems useful,
- notify any competent authority, cooperate with it and provide it with any useful information for the investigation and prosecution of illegal or unlawful activities,
- initiate legal proceedings.
In the event of a breach of an obligation other than an Essential Obligation, Kalent will ask the Client, by any useful written means, to remedy the breach within a maximum period of 5 calendar days. The Services will terminate at the end of this period if the breach has not been remedied.
19. Modification of the General Terms and Conditions
The termination of the Services results in the deletion of the Client's Account. Kalent may modify its General Terms and Conditions at any time and will inform the Client thereof by any written means (and in particular by email) at least 2 months before they come into force. The modified General Terms and Conditions shall apply upon renewal of the Client's Subscription. If the Client does not accept these modifications, they must terminate their Subscription in accordance with the conditions set out in the "End of Services" article. If the Client uses the Services after the modified General Terms and Conditions have come into force, Kalent considers that the Client has accepted them.
20. Language
The French language shall prevail in the event of any contradiction or dispute as to the meaning of a term or provision.
21. Applicable law and competent courts
In the event of a dispute between the Client and Kalent, and in the absence of an amicable agreement within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), unless there are mandatory contrary provisions.
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