These General Terms and Conditions of Sale are current as of May 13, 2025.
Between: MARVIN or "the Company"
MARVIN, a simplified joint-stock company with capital of 1,856 euros, registered in the Trade and Companies Register of PARIS under number 907 981 237, with registered office at 126 rue Saint Maur, 75011 Paris, France.
And: the Client
Collectively referred to as "the Parties" and separately "a Party".
MARVIN's activity is the creation, development and commercialization of software falling under SaaS.
Definitions
"Client" means any person, legal or natural, having subscribed to Marvin's service and having the status of professional under the Consumer Code.
"Third Party" means any natural or legal person not party to these General Terms and Conditions of Sale (GTCS).
"Service" or "Software" means the provision by Marvin of licenses to its recruitment software to the Client.
These GTCS replace any previous document, any other written or verbal agreement relating to the same subject, and prevail over any contrary provision that may be contained in the Client's documents.
Article 1 — Purpose
These general terms and conditions (hereinafter "GTCS") aim to define the terms and conditions under which Marvin (hereinafter "the Company") provides the client (hereinafter "the Client") with licenses for the use of its recruitment software (hereinafter "the Software").
These GTCS are systematically addressed or provided to each Client before subscription. Consequently, signing the quote implies the Client's complete and unreserved acceptance of these GTCS, to the exclusion of all other documents in their possession such as catalogs or advertising materials issued by MARVIN, which shall have only indicative and non-contractual value.
Article 2 — Description of Service
Subject to particular conditions agreed between the Client and MARVIN, the service consists of providing software accessible in SaaS mode allowing users to:
- Create, store and manage information on companies and candidates
- Monitor and manage recruitment activity and candidate processes
- Distribute offers on employment sites
The Company grants the Client a non-exclusive and non-transferable right to use the Software in accordance with these terms. This right is strictly limited to the number of licenses subscribed by the Client.
Before using the Site and service, the Client must ensure they have the technical and computer means to use the Site and order services on the Site and that their browser allows secure access to the Site. The Client must also ensure that their hardware/equipment computer configuration is in good working order and does not contain viruses.
The service is accessible online. It provides access to functionalities detailed when subscribing to the service. The Company expressly reserves the right, without compensation, to modify, for improvement purposes, without notice and at any time, all or part of the service or its access methods and, where applicable, the presentation and/or content of functionalities.
Any request for additional functionality will be subject to an exceptional order between the Client and Marvin, not included in the price of the initial license, and a quote will be established.
Multi-posting Offer
- MARVIN provides the client with a multi-posting offer allowing them to distribute a job advertisement on different jobboards, included in the price of their Marvin subscription.
- The Client can send a job advertisement to all jobboards that MARVIN makes available.
- The client must subscribe, if necessary, to an account with the partner (jobboard) on which they wish to distribute their advertisements, unless the distribution is free.
- The multi-posting offer allows distribution on jobboards but in no way covers fees incurred by the jobboards themselves if any (example: jobboard subscription price), which remain the Client's responsibility.
Article 3 — Service Access and Maintenance
The Client accesses the service online via the Internet, through the Site, using an identifier and password communicated to them when their account is created.
The Client will have access to the service in SaaS mode 24/7 except during maintenance operations, possible failures or force majeure affecting MARVIN.
The Client is responsible for subscribing, with an Internet Service Provider, to a subscription allowing them to access the Site and service. The Client ensures the compatibility of their technical environment required for access and/or use of the service.
The Client undertakes to transmit its data within a reasonable timeframe and in a compatible format so that Marvin's technical teams can integrate it into the tool. No DATA import work can be performed by Marvin if the client has not paid their first invoice according to the terms of their contract.
The subscription to the service subscribed by the Client is only valid for their representatives and employees according to the number of effective users of the subscription chosen and cannot in any way be used by a Third Party. The Client recognizes that service access codes are strictly personal, confidential and non-transferable. The Client undertakes to maintain confidentiality of their service access codes and to take any necessary measures to prevent communication of these codes that would allow Third Parties to illegally access the service.
The Client undertakes not to resell the services included in the service to their clients or Third Parties. In case of breach of this obligation, MARVIN may proceed to immediately suspend the execution of its services, without having to justify this to the Client.
The service is subject to regular updates by MARVIN. MARVIN undertakes to do its best to ensure that maintenance operations do not disrupt the Client's use. When maintenance or update operations result in service suspension, MARVIN undertakes to notify the Client as soon as possible.
The client has the option to file a complaint at support@marvinrecruiter.com.
Article 4 — Term and Renewal
The license is granted for an initial term of twelve (12) months or more subject to particular conditions agreed between the Client and the Company, from the activation date.
The activation date is effective when the client has access to the tool.
At the end of the initial term, it is automatically renewed by tacit renewal for a term identical to the initial commitment term, unless terminated in accordance with Article 6 or negotiated particular conditions.
The Client may at any time add additional licenses to their subscription. These additions will be subject to a quote and additional billing. The validity of the supplemental licenses granted begins on the activation date and the engagement end date will be the engagement end date of the initial contract so as to have an equal commitment term for all licenses combined.
Article 5 — Price and Payment Terms
The price of the license usage is indicated per user, in euros and excluding taxes in the quote attached hereto.
Usage licenses are billed annually and payable in advance subject to particular conditions agreed between the Client and the Company.
The Client will receive, upon signing the quote and GTCS, an invoice equal to the amount agreed in the quote, and payable by credit card, direct debit or bank transfer upon invoice receipt. Payment must occur before the user onboarding date. Any month begun is owed in its entirety by the Client.
For renewal invoices, these are payable upon receipt by credit card, direct debit or bank transfer.
When adding supplemental licenses in the first year only, the client benefits from the same pricing and commitment conditions as their initial contract. Beyond the first year of commitment, prices in effect at Marvin will be applied. These supplemental licenses will be billed annually and payable in advance upon invoice receipt, subject to particular conditions agreed between the Client and the Company.
MARVIN may modify the service remuneration amount provided it informs the Client by any means at least thirty (30) days before this tariff modification takes effect. The new service remuneration only applies to service renewal. The Client is free to oppose the tariff change by sending a request to support@marvinrecruiter.com within ten (10) days of notification to the Client. Absent a termination request within this timeframe, the Client is deemed to have accepted the new service remuneration.
The Company reserves the right to suspend or cancel any service execution in case of non-payment or partial payment of any amount owed by the Client to the Company.
Any payment occurring after the set deadlines in this contract will incur late penalties at an interest rate of 15%. Late penalties due, owed for at least one full year, will be added to the initial capital of the debt and will earn interest under the same conditions as this, at the aforementioned interest rate of 15%.
Any payment delay automatically triggers application, at the client's expense, of a flat fee indemnity of 40 euros for recovery costs. In accordance with Article L. 441-10 of the French Commercial Code, if recovery costs actually incurred by the company exceed this flat fee amount, the company may request payment of additional compensation.
Article 6 — Termination
The client has the option to terminate their subscription at the end of their commitment period, respecting a one-month notice sent by registered letter with acknowledgment of receipt or by email.
In case of early contract termination and whatever the cause, all sums remaining owed by the Client for their commitment will be immediately due without prejudice to damages that could be owed to the Company. For any partial or complete use of the service, no refund can be offered.
The Company reserves the right to immediately terminate the license in case of non-payment or serious breach of these GTCS.
The Client's data will be returned by Marvin in a compatible format (CSV, SQL, JSON). Return will be completed within ten (10) business days following the contract termination request.
Article 7 — Warranty and Responsibilities
The Client is solely responsible for the use they make of the service, particularly regarding the use and interpretation of information provided by MARVIN, as well as actions and advice they derive in their professional practice. MARVIN is bound only by legal warranties applicable to its service if any, to the exclusion of any other warranty. MARVIN's responsibility, for direct and proven damages caused to the Client, is strictly limited to the amount of the order in question. In no case can MARVIN be held responsible for indirect, incidental or special damages, as defined by French court jurisprudence.
MARVIN cannot in any case be held responsible for: (i) damages due to non-performance by the Client of its obligations; (ii) any financial or business loss such as, for example, loss of profit, loss of clientele, loss of data, any business disruption, loss of orders, which constitute unpredictable and indirect damages and consequently do not warrant compensation.
MARVIN cannot be held responsible for contract non-performance in case of force majeure, as defined by Article 1218 of the French Civil Code and French jurisprudence, nor in case of damages resulting from a third party or attributable to misuse or non-compliant use by the Client of services, in violation of MARVIN's prescriptions or rules of the art.
The Client is also informed that MARVIN software may include interface functionalities with third-party services, such as LinkedIn or other platforms, via technical extensions. These third-party services being independent of MARVIN, their access, availability and terms of use may change without notice. MARVIN cannot be held responsible in case of restriction, suspension, modification or access prohibition to all or part of these third-party services, including when this affects software functionalities. It is the Client's responsibility to ensure they comply with the terms of use of these third-party services and, if applicable, to subscribe to necessary access rights.
Article 8 — Intellectual Property
The service, as well as all data on the Site, is protected by copyright and database rights in accordance with the French intellectual property code. These elements cannot in any way be subject, even partially, to reproduction, representation, lending, exchange, sale, distribution or transmission except in cases expressly authorized by law or provided in the contract. The service functionalities cannot be used for purposes of violating or circumventing these intellectual property rights.
The Client prohibits itself from using the service for purposes other than those expressly provided in the contract, just as it prohibits itself from publishing, distributing, selling or exchanging in any way the contents it accesses and more generally from harming, directly or indirectly, in any way MARVIN's rights.
The Client undertakes not to reconstruct or attempt to reconstruct, from the data and/or by means of the service, a database intended to offer, directly or indirectly, free of charge or for a fee, the same service or comparable service, to all persons third to their company for the purpose of circumventing the personalized service access of which they benefit.
The Client generally undertakes not to harm intellectual property rights held by MARVIN on the service or any other element on the Site protected by intellectual property rights, including marks and logos.
Article 9 — Confidentiality of Client Data
Provisions concerning personal data protection as issued from the Computer and Freedoms Law dated January 6, 1978 modified by the Law of June 20, 2018 relating to personal data protection and the European Regulation on personal data protection ("GDPR") are located in a separate document titled "Privacy Policy" accessible at: https://marvinrecruiter.com/en/privacy
Article 10 — Insurance
Each Party undertakes to maintain in force, during the entire duration of contract performance, with a notably solvent insurance company, an insurance policy covering damages that may occur to its property and personnel, as well as a policy covering its professional liability, so as to cover the financial consequences of bodily, material and immaterial damages for which it would be liable, caused by any event and which would be the fact of its collaborators and/or possible partner companies during contract execution.
Article 11 — General Provisions
The contract is interpreted and governed by French law without regard to conflict of law principles.
If any provision of these GTCS or its application to any person or circumstance is judged null, this nullity will not concern other provisions or applications of these GTCS, which will remain in force, separately from the provision judged null. To this end, the provisions of these GTCS are declared autonomous.
The Paris Commercial Court will be solely competent to hear disputes of all kinds, on the merits or in summary proceedings, or disputes relating to the interpretation or performance of these GTCS, notwithstanding multiple defendants, incidental claims or third-party claims.
The Parties agree that all written communications, particularly electronic writing, exchanged between them as well as all data, particularly technical data, serve as proof and validly prove the content of their exchanges and commitments.
MARVIN can be contacted at any time by email at: support@marvinrecruiter.com or via the chatbot present at https://www.marvinrecruiter.com/