GENERAL TERMS AND CONDITIONS OF SALE - SAAS
MARVIN, a simplified joint stock company with a capital of 1,000 euros, registered with thecity of Evry Trade and Companies Register under the registry number 907981237, and whoseregistered office is located 4 Rue Raie Tortue, 91240 Saint-Michel-sur-Orge, France.
Together referred to as "the Parties" and separately as "a Party".
MARVIN's business is creating, developing, and marketing software under the SaaS businessmodel.
ARTICLE 1 - General Provisions
1. The term "Client" refers to any person, legal or physical, having subscribed to the Marvinsubscription offer and having the legal status of a professional business entity as defined inthe French Consumer Code.
2. The term "Usage" refers to any actions performed by the Customer that constitute using thesubscription, including but not limited to asking a question to a support representative ormanaging the Customer's database.
3. The term "Third Party" refers to any natural or legal person who is not a contracting partyto these General Terms and Conditions of Sale (GTCS).
4. These GTCS define the contractual relationship between both Parties. The GTCS apply toprofessionals only, with the exception of consumers. As such, the Customer acknowledgesbeing a professional, in accordance with the relevant provisions of the Consumer Code. TheCustomer acknowledges having the authority to legally bind the company.
5. These GTCS supersede any previous document, or any other written or verbal agreementrelating to the same subject matter, and override any contrary provision that may becontained in documents issued by the Customer.
6. If any one provision of these GTC or its application to any person or circumstance is heldto be invalid, then such invalidity shall not affect the remaining provisions or applicationsof these GTCS, which shall remain in full force and effect, separate from the provision heldto be invalid. The provisions of these GTCS are hereby declared to be self-standing.
7. These GTCS have originally been drafted in French language.
ARTICLE 2 - Technical support - Service Characteristics
1. Prior to using the Site and service, the Customer must ensure that he/she has the technicaland technological means to use the Site and to order services from the Site and that his/herbrowser allows secure access to the Site. The Customer must also ensure that the computerconfiguration of his hardware/equipment is in good working order and does not contain anyviruses.
2. The service is accessible online. It provides access to the features listed when you subscribeto the service.
3. Some of Marvin's features are computationally demanding and therefore limited. Theresume analysis functionality is limited to 50 resumes per user per month. Beyond this limit,the user will have to subscribe to an additional pack to be shared by a team under theconditions and rates defined in paragraph 8.5 of article 8
ARTICLE 3 - Purpose
1. The purpose of these GTCS is to determine the conditions under which MARVIN grants theCustomer, upon his acceptance, the non-transferable, non-exclusive and personal right touse the service specified in the previous article.
2. MARVIN expressly reserves the right, without compensation, to modify, for improvementpurposes, without prior notice, all or part of the service or its accessibility and, if applicable, the layout and/or content of its features.
3. The GTCS are systematically sent or given to each Customer before subscribing to the service. Consequently, the act of ticking the box acknowledging acceptance of the GTC before registering payment details with the payment service provider implies the Customer's full and unreserved acceptance of these GTC, excluding all other documents in his possession such as catalogs or advertising brochures issued by MARVIN, which will only have an indicative and non-contractual value.
ARTICLE 4 - Access to the service
1. The Customer can access the online service via the Internet, through the Site, using ausername and a password which are provided to him or her at the time their account iscreated.
2. The Customer will have access to the service on a SaaS basis 24 hours a day, 7 days a week,except in case of maintenance operations, possible outages or any Force Majeure affectingMARVIN.
3. The Customer is responsible for subscribing to an Internet service provider to access theSite and the service. The Customer shall ensure that his technical equipment is compatibleenough to access and/or use the service.
4. The subscription to the service selected by the Customer is only valid for his or herrepresentatives and employees depending on the number of actual users and may not underany circumstances be used by a Third Party. The Customer acknowledges that the serviceaccess codes are strictly personal, confidential and non-transferable. The Customer agreesto maintain the confidential nature of their access codes and to take all necessary measuresto prevent these codes from being disclosed to third parties for unauthorized access to theservice.
5. The Customer agrees not to resell any of the services included in the service to its customersor third parties. In the event that the Customer failsto comply with this obligation, MARVINmay immediately suspend its services, without having to justify this to the Customer.
ARTICLE 5 - Updates - Maintenance
1. MARVIN regularly updates the service provided through the Site.
2. MARVIN will do its utmost to ensure that maintenance operations do not disrupt theCustomer's use of services. If maintenance or upgrades result in services being suspended,MARVIN will promptly notify the Customer.
ARTICLE 6 - Duration
The Contract will become effective as of the acceptance of the Order by the Company and forthe term stipulated in the Order. At the end of the stipulated term, the Agreement shall be tacitlyrenewed for a term identical to the first contract period unless terminated by either Party underthe conditions set forth in the "Termination" section of these terms and conditions.
ARTICLE 7 - Termination
1. Under public policy, MARVIN and the Customer may terminate the Contract in case ofserious misconduct, failing to resolve it within fifteen (15) days of formal notice, subject tonotifying the other Party of their decision by registered letter with confirmation of receipt.
It shall constitute a material breach (i) for a Party to fail to cure a material breach of contractwithin fifteen (15) days after receipt of written notice by certified mail, return receipt requested,(ii) for the Customer to fail to pay in full or in part a invoice on its due date.
2. It shall constitute a material breach, as defined in the preceding article:
- The failure to pay an invoice
- The Client's violation of the scope of rights granted to them under the contract
- An attempt by the Client to intrude or compromise the integrity of the Site
3. In the event of early termination of the contract due to the fault of the Client, for any reason,all amounts remaining due by the Client shall become immediately payable without prejudiceto damages and interest that may be owed to MARVIN.
ARTICLE 8 – Orders - Pricing - Payment
1. In exchange for access to the service under the conditions provided by this agreement, the Client agrees to pay MARVIN a usage fee for the service. In the event of early termination of the Contract for any reason, the Client agrees to pay MARVIN the full amount of any unpaid usage fees for theService.
2. The amount of the usage fee for the service is indicated on the Site, per user, in euros and exclusive of taxes. The prices listed on the Site are those in effect at the time of contract signing.
3. The amount of the usage fee for the service is payable upon contract signing. Payment for the usage fee for the service will be made through automatic withdrawal/transfer/credit card on a monthly or annual basis, depending on the plan chosen. The amounts due to MARVIN do not include the cost of an internet connection, which remains the Client’s responsibility.
4. MARVIN may modify the amount of the usage fee for the service, provided that it informs the Client by any means at least fifteen (15) days before the new pricing takes effect. The new usage fee will only apply to the renewal of the service: the month following the notification to the Client for monthly payment plans, the year following the notification to the Client for annual payment plans.The Client is free to object to the rate change by sending a request for termination to email@example.com within fifteen (15) days of the notification to the Client. If no termination request is made within this time period, the Client is deemed to have accepted the new usage fee.
5. In exchange for providing an additional pack of 200 CV analysis units, the client will pay MARVIN the sum of 100 euros per month. The amount of the additional usage fee is payable before the service is activated by bank transfer or credit card, as soon as the estimate is signed by the client.
1. The Client has the ability to modify their Order and correct any errors before proceeding to accepttheir order.
2. The Service is provided subject to the Client accepting these GTCS. The Client is deemed to haveaccepted the GTCS and the Data Protection Policy through a clickable "subscribe" button whenordering the Service
3. These GTCS govern the contractual relationships between the Company and the Client who acceptthem without reservation.
4. After acceptance of the quote (if applicable for business subscriptions), these GTCS andvalidation of the order, the contract is validly concluded between MARVIN and the Clientand binds them irrevocably. An email confirming the order request will be sent to the Client.
5. MARVIN recommends that the Client keep the information contained in the orderconfirmation request established in their name by MARVIN, on paper or on a computer.
6. Once the client places an order, they cannot change or cancel it and must follow the termsand conditions of the contract.
7. MARVIN reserves the right to cancel or refuse any order that would come from a Clientwith whom there would be a dispute relating to the payment of a previous order.
1. Service prices are listed on the website in euros and are inclusive of taxes.
2. The total amount will be indicated in the order summary before the Client accepts the T&Cs,confirms their order for the service, provides and confirms their billing information, and proceeds tomake payment. The total amount is shown without and with all taxes.
3. The service order placed on the website must be paid for in euros. The full payment must be made bythe Client at the time of the order, either through bank transfer or credit card on MARVIN's account.
4. The Client shall not, under any circumstances, make any deductions between any amounts thatMARVIN may owe them and any amounts that they owe to MARVIN, unless MARVIN hasexplicitly agreed to it. Where applicable, VAT will be added by MARVIN to the amounts invoiced.
5. MARVIN retains the right to halt or terminate the provision of the service if the Client fails to payany outstanding amount owed to MARVIN, in full or in part. In case of non-payment of an invoiceon its due date, an interest at the legal rate in force plus four (4) points will automatically be appliedby MARVIN until full payment is made, without any prior notice.
6. As per articles L.441-6 of the French Commercial Code and D.441-5 of the French CommercialCode, any failure to pay on time will automatically result in, in addition to late payment penalties,the Client being required to pay a flat fee of forty (40) euros for recovery expenses. If the recoveryexpenses incurred are greater than the amount of this flat fee, MARVIN can demand additionalcompensation with justification.
ARTICLE 9 - Complaints
1. The Company commits to addressing any complaints within a maximum of thirty (30)working days from the receipt of a written request sent to firstname.lastname@example.org
2. For any annual payment package orders with 30 calendar days or less, the Company, afterreviewing the customer's complaint, commits to offering a full or partial refund, minus acancellation fee of 150€ excl. VAT.
3. For any annual payment package orders with 31 calendar days or more, no refund will beoffered.
4. As an exception to the above, for any annual payment package order that has been partiallyor fully consumed, no refund will be offered.
5. For any monthly payment package orders, no refund will be offered
ARTICLE 10 - Warranty and Liability
1. The Client is solely responsible for the use of the service, including the use andinterpretation of information provided by MARVIN and any actions or advice taken as aresult in the course of their professional practice. MARVIN shall only be liable for anylegally applicable warranties for its service, to the exclusion of any other warranties.
2. MARVIN's liability for any direct and proven damages caused to the Client is limited to theamount of the order in question. Under no circumstances shall MARVIN be liable for anyindirect, consequential or special damages as defined by French court jurisprudence.
3. MARVIN shall not be liable in any case for: (i) damages resulting from the Client's failureto fulfill their obligations; (ii) any financial or commercial harm, such as loss of profits,loss of customers, loss of data, any commercial disruptions, loss of orders, which constituteunforeseeable and indirect damages and therefore do not entitle the Client to compensation.
4. MARVIN shall not be held liable for non-performance of the contract in the event of forcemajeure as defined by article 1218 of the French Civil Code and French courts, and in theevent of damages caused by a third party or resulting from the Client's improper or noncompliant use of the services, in violation of MARVIN's instructions or industry standards
ARTICLE 11 - Use and Rights of Reproduction
1. The service and all data on the Website are protected by copyright and database rights underthe Intellectual Property Code. These elements may not be copied, represented, loaned,exchanged, sold, distributed, or transmitted in any way, except as expressly allowed by lawor specified in the contract. The service's features may not be used for the purpose ofviolating or circumventing these intellectual property rights.
2. The Client shall not use the service for any purpose other than those outlined in the contractand shall not distribute, publish, sell, or exchange any of the content they have access to inany way. Furthermore, the Client shall not directly or indirectly infringe upon the rights ofMARVIN in any way.
3. The Client shall not rebuild or recreate, from data and/or using the service, a database thatoffers, directly or indirectly, the same service or a similar service to third parties outside oftheir company, in an effort to bypass the personalization of access to the service.
4. The Client shall also not infringe upon any intellectual property rights held by MARVINon the service or any other element on the Website protected by intellectual property rights,including trademarks and logos.
ARTICLE 12 - Confidentiality of Client Data
ARTICLE 13 – Insurance
Each Party shall maintain, throughout the duration of the contract, a policy with a reputable insurance company that covers damages that may occur to its property and personnel, as well as a policy covering its professional liability. This is to ensure that any financial consequences of bodily, material, and non-material damages caused by any event that are the result of its employees and/or potential partners during the execution of the contract are covered.
ARTICLE 14 – General Provisions
1. Applicable Law: This contract shall be interpreted and governed in accordance with French law without regard to principles of conflicts of laws.
2. Jurisdiction: Any disputes or controversies arising from the interpretation or execution of these terms and conditions shall be solely within the jurisdiction of the courts of the appellate district of EVRY, regardless of the number of defendants, incidental claim or referral or appeals, unless MARVIN chooses to take legal action in any other competent jurisdiction.
3. Assignment: MARVIN may decide to assign or transfer the rights or obligations conferred by these terms and conditions provided that the Client benefits from the same obligations as MARVIN and under the same conditions.
4. Proof Agreement: The Parties agree that all written documents, including electronicwriting, exchanged between them, as well as all data, including technical data, shall bebinding and shall validly prove the content of their exchanges and commitments.
5. Contact: MARVIN may be contacted at any time by email at the following address : email@example.com.
You can contact Marvin:
- by email at this address: firstname.lastname@example.org or,
- by mail at the address indicated above.
Marvin takes personal data protection seriously and is committed to handling users’ personal information who visit its website in accordance with EU Regulation 2016/679 on data protection and the consolidated version of Law No. 78-17 of January 6, 1978, on information technology, files, and freedoms (collectively, the "Regulation"). The company follows strict guidelines to ensure that users’ personal data is handled and protected in an appropriate manner.
Article 1 - Collected Data and Purposes
When you visit our website, we may gather the following information:
- Details about your device when you use our website through cookies (refer to Article 7 for more information);
- Your email address when you ask for a demo from Marvin, your name, the name of your company, your current job, your contact information, your phone number, if you already have a solution, the number of people who will use the Marvin solution, the type of profile you are looking for, and any other information you provide in your message when requesting a demo.We collect this information to contact you for a demo of our products.
- When you request a demo, we may offer to record the session, but only if you agree. In this case, we will gather information about your voice, image, and our conversation. These recordings are for Marvin's use only and will be used to improve our marketing efforts.
- Any information you choose to share in the chatbot (provided by Livechat),
- Information marked with an asterisk (*) is required when requesting a demo. If you do not provide this information, your request may not be processed.
Gmail integration :
By using the Gmail integration with the Subscription Service you will grant Marvin Recruiter access to information associated with your account, including contacts, emails, subject lines and attachment. In addition, Marvin Recruiter will be able to read emails from your connected Gmail account. Marvin Recruiter will store replies, outgoing mail, email headers, subject line, distribution lists, aliases, time sent, and email bodies. Your email may contain sensitive information, such as names of your contacts, your private communications, or financial or medical information. You understand that the correspondences you track will be visible to other users on your Subscription team.
When we use and share information received from Google APIs with other parties, we will follow theGoogle API services' user data policy, including any requirements for limited use.
Article 2 - Legal Basis for Data Processing
The information referred to above is collected on the following legal grounds:
- Your consent to having your data disclosed when requesting a demo, by checking the appropriate box;
- Your consent to the recording of our conversations during demos, by clicking on the button when prompted.
- If after giving your consent, you change your mind and no longer consent to us contacting you, collecting your information or disclosing it, you can notify us by contacting Marvin:
- at the following email address: email@example.com,
- or by mail to the address: Marvin, 4 rue Raie Tortue, 91240 Saint-Michel-sur-Orge.
Article 3 - Recipients of Your Data
We share your data with:
Marvin's internal teams (such as sales, operations, and legal), and our subcontractors:
- For hosting services: Amazon Web Services (38 avenue John F. Kennedy, L-1855 Luxembourg)
- Cookies: please refer to Article 7
- Chatbot: Livechat (101 Arch Street, 8th Floor, Boston, MA 02110, United States of America) https://www.livechat.com/legal/privacy-policy/
- Demos: Google Meet https://policies.google.com/privacy?hl=enLoom (3338 17TH St 100 San Francisco, CA, 94110-7213 United States)
Demonstration videos are used internally at Marvin to improve our marketing efforts.
We want to let you know that, when we request demos or record demos, your data may be transferred to the United States via our subcontractors Loom and Google (for demos and cookies). We have taken steps to ensure that these transfers comply with regulations and that our subcontractors provide the necessary guarantees. These transfers are made according to the standard terms of Hubspot and Google, which can be found on their websites.
Article 4 - Data Retention Period
The information gathered by Marvin in relation to these terms will be kept for as long as it is needed for the intended purpose of processing or to meet legal or regulatory requirements, while also following the current laws and regulations. These include:
- Information gathered while you were browsing the website (cookies) will be removed after a
- Data collected while you were using Marvin will be kept for a period of 2 years. Marvin Recruiter
will notify you of the expiration of your data within 60 days before it expires.
- If you request for your account to be deleted, your data will be removed within 30 days.
- Information gathered during demo requests will be kept for a maximum of 30 days from the date o the demo request.
- Data collected in relation to managing your rights will be deleted within 1 year if you exercise your right of access and rectification from the date of receipt of your request, and within 3 years if you exercise your right of opposition from the date of receipt of your request.
Article 5 - Marvin’s Obligations
As a company that handles the information outlined in these terms, Marvin promises to:
- Keep your information secure by using appropriate technical and organizational measures while you use our website and make sure your rights are protected, following the rules and regulations that apply.
- Only give authorized people access to your information.
- Train and educate our employees on how to handle your information and the rules and regulations that apply.
- Not share your information with other parties without informing you first.
- Respect your rights to know what information we have, access it, transfer it, delete it, correct it,
- Inform the National Commission on Informatics and Liberties or CNIL and yourself if there is a
security breach that could affect your rights and freedoms within 72 hours if required by the laws and regulations.
- Delete your information as outlined in Article 4 of these terms.
Article 6 - Your Data Rights
We would like to make you aware that you have important rights when it comes to your data, including:
- The right to be informed;
- The right of access;
- The right to rectification;
- The right to erasure;
- The right to restrict processing;
- The right to object;
- The right to data portability;
in regards to your personal data.
You can exercise these rights by sending an email to firstname.lastname@example.org or by mail to the following address: MARVIN - 4, rue raie tortue, 91240 SAINT-MICHEL-SUR-ORGE. In this case,
Marvin may ask for verifiable proof of your identity to prevent identity fraud. Marvin will have a
period of one (1) month to respond to the request starting from the date of receipt, unless it is a
particularly complex request.
Additionally, if you believe that your rights are not being upheld, you can file a complaint with the
appropriate regulatory authority. In France, this is the National Commission on Informatics and
Liberties or "CNIL", 3 Place de Fontenoy, 75007 Paris - Tel: 01 53 73 22 22. You can find more
information at the following link: https://www.cnil.fr/
Article 7 - Cookies
Cookie Retention Period Purpose
Google analytics 26 months Audience measurements
Social media and marketing cookies
Livechat 90 days
Hotjar 1 year Continued improvement
Google analytics 26 months Advertising
Essential cookies can be collected without your consent.
You can give your consent for cookies by clicking on the appropriate "ok, accept all" tab on the
It is important to note that essential cookies do not require your consent. Additionally, you can configure your cookies through the settings of your browser. However, please be aware that refusing cookies may prevent you from accessing certain features or navigating the website effectively.
Internet Explorer :
● Click on the settings menu, then on "Internet Options";
● Under the "General" tab, at the top left, scroll down the list to "Browsing History";
● Check the boxes for "Temporary Internet Files and Website Files", "Cookies and Website Data", "History" and "Download History";
● Click on "Delete";
● Close Internet Explorer and open it again for the changes to take effect.
● Click on your toolbar;
● Click "Preferences";
● In the right-hand menu, select "Privacy";
● Under the "history" option, there's a shortcut labeled "clear recent history", click on it;
● Select only the first four options and click on "Clear Now."
● Click "Safari" in the top left corner of the menu bar
● Click "Preferences"
● Click the "Privacy" tab
● Click "Manage Website Data"
● Click "Remove All"
● Click "Remove Now"
Google Chrome :
● Click on the Tools menu
● Click on "More tools"
● Clear browsing data
● At the top, choose a time range. To delete everything, select "Always"
● Next to "Cookies and other site data" and "Cached images and files", check the boxes
● Click on "Clear data"
regulations shall not be implemented without your explicit consent. We will announce any modifications to the privacy regulations on this webpage, and in the event of significant revisions, we will publish a conspicuous notice (including, for specific services, an email notification).
If Marvin is acquired by or merges with another company, we pledge to preserve the confidentiality of your personal information and inform you prior to it being transferred or subject to new privacy
Article 9 - Inquiries and Contact Information
To have your rights exercised or if you simply are seeking more information, please contact us at
email@example.com or by mail at: MARVIN, 4 Rue Raie Tortue, 91 240 Saint-Michel-surOrge.