Terms of Service

Article 1 – Definitions

• API: Any Application Programming Interface made available by Leonar on the Platform, developed by either Leonar or Developers.
• Force Majeure: Events external to the Parties that are unpredictable and unstoppable, as defined by French case law, including: war (declared or not), terrorist acts, invasion, rebellion, blockade, sabotage, vandalism, strikes or social disputes, bad weather, natural disasters, fire, epidemics, transport or supply blockades, failures of electrical energy or telecommunications networks, and satellite failures.
• Intrusion Test: Software tools designed to automatically emulate human actions for data entry, migration, load tests, performance tests, and stress tests.
• Recruiter: A User who wishes to use APIs to collect data on the Internet.
• Robots: Automatic or semi-automatic software agents that are part of the APIs and interact with third-party computer servers.
• Services: Automatic hosting and operation services of the API offered to Recruiters.

Article 2 – Subscription – Access to the Platform

2.1 Subscription

To register on the Platform, the User must complete every field of the registration form with full and accurate information. Mandatory fields are identified during registration.

The User represents and warrants that they will use the Platform in their professional activity and are not considered a consumer under applicable law.

Incomplete or erroneous declarations may result in account deactivation without notice. Leonar bears no liability for consequences arising from such declarations.

Registration is completed using an email address and chosen password or through a third-party connection module. Users may update personal details through their account.

Login names and passwords are personal and confidential. All Platform uses via the User's credentials are deemed performed by that User.

2.2 Access to the Platform

Users are responsible for their own IT and telecommunications resources for Platform access. Leonar exercises reasonable efforts to ensure 24/7 accessibility.

Leonar reserves the right, without notice or compensation, to temporarily or permanently close the Platform in order to perform maintenance operations.

Leonar may make any changes and improvements to the Platform deemed relevant.

Article 3 – Description of Services

3.1 Services offered to Recruiters

The Services allow Recruiters to: (i) execute and operate APIs via Leonar's servers, (ii) host collected data, and (iii) automatically format data into desired file formats.

Leonar is a software-as-a-service (SaaS) platform providing tools and resources for recruitment management. Services include data management capabilities, automation of recruitment-related tasks, and analytical tools to assist in the recruitment process. Leonar is committed to maintaining confidentiality and integrity of user data. The platform integrates with existing recruitment workflows, offering a supportive role in enhancing recruitment processes.

Article 4 – Price Conditions - Duration

4.1 Fees

Leonar will invoice and charge You upfront for using the Services. Your access to or use of the Services will be contingent upon Your payment of all fees for the entire Service Term.

Unless specifically stated otherwise, Fees are non-refundable.

For online self-signup Services, Users may be required to provide valid credit/debit card information to Leonar's third-party payment service.

For other Services, Users pay applicable Fees itemized in the Service Order provided by Leonar through third-party payment services, ACH, or Wire transfer.

4.2 Fee Obligations

Customer understands the Services are purchased and provided as software-as-a-service for the entire Service Term, disregarding the actual usage activities.

Customers remain liable for Fees regardless of explicit usage. Fee obligations are not contingent on delivery of future functionality or oral/written comments regarding future features.

Failure to make a payment under these Terms is considered a material breach and Leonar may in its sole discretion suspend or terminate Customer's access to the Services.

4.3 Fee Changes

Unless otherwise specifically agreed to by Leonar in writing, Leonar reserves the right to revise its Fees for a Renewal Service Term on a thirty (30) calendar day notice before the expiration of Your current Services.

Continued use after the 30-day notice period constitutes acceptance of revised Fees.

4.4 Taxes

Users remain solely responsible for domestic or foreign transactional taxes. If required by law, Leonar may separately state taxes on invoices. Tax-exempt Users must provide proof of exemption prior to payment.

4.5 Payment Services

Leonar uses third-party payment services to accept and process payment information. Leonar does not store bank account or card information. Each third-party payment service follows the Payment Card Industry Data Security Standard (PCI DSS) with procedures ensuring secure payment processing.

However, Leonar does not warrant or guarantee that any services offered through the third-party payment service will meet Leonar Customers' requirements or expectations, and Leonar is not responsible for any consequences arising out of Your use of the third-party payment services.

Article 5 – Users Obligations

5.1 Recruiters undertakings

Recruiters undertake to:

• Have necessary authorizations to access websites via APIs
• Comply with terms and conditions of websites visited through APIs
• Not extract substantial parts (in quality and/or quantity) of a database
• Not access confidential information without permission
• Not infringe third-party rights, including copyright, patents, trademarks, trade secrets, or intellectual property rights
• Not violate any law, statute, ordinance, or regulation, including personal data protection laws

The Recruiters acknowledge that Leonar shall in no event be held liable in the event that the Recruiters fail to comply with the provisions of this Article 5.1.

5.2 Users undertakings

Without prior written Leonar authorization, it is prohibited to:

• Publish or transmit illegal, threatening, humiliating, defamatory, obscene, hateful, or blasphemous content, or any message constituting a crime or offense
• Use the Platform in ways negatively impacting Platform performance, functionalities, other systems, networks, or User experience
• Download or transmit hardware, software, or routines containing viruses, Trojan horses, worms, time bombs, or programs damaging the Platform

Users are reminded that French Penal Code articles 323-1 et seq. provide sentences up to five (5) years imprisonment and fines up to 150,000 Euros for fraudulently accessing automated data processing systems, deleting or modifying system data, or obstructing such systems.

Article 6 – Licence to use the Platform

6.1 Right to use the Platform

Leonar grants to the User a personal, non-exclusive, non-transferable, without right to sub-license, right to use the Platform in the entire World, as long as the User's account is active on the Platform.

6.2 Limitations

Without prior express written Leonar consent, Users shall refrain from:

• Decompiling, disassembling, reverse engineering the Platform to create derived products or discover source code
• Fixing Platform defects without Leonar's authorization
• Suppressing or deleting intellectual property right references or labels
• Transferring, using, or exporting the Platform violating applicable legislation
• Integrating or associating the Platform with other software to create composite or derivative works
• Performing Platform use other than allowed under these Terms and Conditions

Article 7 – Intellectual property

The Platform is the exclusive property of Leonar, in particular as regards the APIs developed by Leonar, as well as all associated documentation even when made available to Developers.

All non-User content, including data, functionality, text, names, designations, images, photographs, graphics, trademarks, and sounds, is exclusive Leonar property or that of its licensees. These Terms and Conditions do not transfer any Leonar rights.

These elements may not be downloaded, copied, modified, deleted, distributed, transmitted, broadcast, sold, hired, granted, or used in any way without prior written express Leonar or licensee agreement.

Article 8 – Warranty – Liability

The Parties expressly agree that Leonar is acting as a hosting provider for the contents and, as such, it has no general obligation to monitor the contents that is made available and/or broadcasted from its Platform.

To the full extent permitted by applicable law, Leonar expressly waives all warranties towards the Users. Leonar does not guarantee that there will be no bugs and, as a consequence, does not guarantee that use of the Platform will be uninterrupted and error-free.

Users acknowledge that Internet transmissions are unsecured and may be delayed, lost, intercepted, or corrupted, and confidential information transmitted over the Internet is at the User's own risk.

To the full extent permitted by applicable law, the User acknowledges that the Platform is provided "as is" and as such Leonar shall not be liable for any damage, direct or indirect, whatever the grounds, which may have been suffered by fact of using the Platform.

If ordered to pay a financial penalty, the Parties agree the amount shall not exceed sums actually paid by the User during the last six (6) months of subscription.

Within the limits permitted by applicable statute, the User may only hold Leonar liable for breach of these Terms and Conditions for a period of one (1) year from the date at which the breach in question arose.

Article 9 – Termination

Users may terminate subscriptions by emailing contact@leonar.app at least thirty (30) days before the current term's end. Termination is effective upon ongoing Subscription period expiry.

Users may request Leonar delete their accounts.

Leonar reserves the right to suspend access to the Platform or terminate the account of the User without notice and without indemnity in the following cases:

• The User used the Platform in ways contrary to public order and decency
• The User breached Leonar's or third-party intellectual property rights
• Username and password loss, misappropriation, unauthorized, or fraudulent use
• Unlawful content conception, use, or Platform provision breaching these Terms and Conditions

Leonar reserves the right to interrupt, temporarily or permanently, Platform access at any time.

Leonar shall under no circumstances be held liable to the User or to any third party for the termination and/or suspension of the User's account under the conditions set out in this article.

Article 10 – Miscellaneous

Intrusion tests

Users are authorized to use Robots related to the Platform, provided such use (i) does not create one or more Platform user accounts and/or (ii) cannot be considered an Intrusion Test.

The User guarantees Leonar from any harm, loss, actions, outlay, decisions or costs associated with the non-availability, a production incident or any other technical difficulty that may arise at a time when the User was conducting an Intrusion Test.

Notification of unlawful content

Per French law n° 2004-575 Article 6, I, 7° (June 21, 2004), Leonar has no general obligation to monitor hosted information on the Platform.

If Users find Platform content breaching statutory or regulatory provisions, they may notify Leonar via the contact form on the Platform.

Modification of these Terms and Conditions

Leonar reserves the right, at any time, to modify these Terms and Conditions of use and sale as it may deem to be necessary and useful.

Users access modified Terms through personal accounts and the Platform.

Force Majeure

Neither Party shall be held liable if the performance of its obligations should be delayed, restricted or made impossible by virtue of a case of force majeure.

If Force Majeure lasts over one (1) month, the Agreement may terminate at the most diligent Party's request, with neither Party liable.

Waiver

Party failure to exercise rights shall not constitute waiver; waiver only occurs when expressly declared.

Convention of Proof

Computerized records shall be kept in the systems of Leonar under reasonable security conditions and shall be deemed to be proof of exchanges, actions, orders and payments that have arisen on the Platform or via email.

Relationship between the Parties

Unless expressly stated otherwise, Parties remain independent contractors. No Terms and Conditions provision creates partnership, company, agent, or commercial agent relationships.

Partial Invalidity

If competent courts hold one or more Terms and Conditions provisions invalid, remaining provisions retain scope and effect.

Article 11 – Applicable law – Competent jurisdiction

These Terms and Conditions are governed by French law.

Any dispute related to the conclusion, the interpretation, the enforcement and/or the termination of these Terms and Conditions is submitted to the exclusive competence of the Paris Courts, notwithstanding plurality of defendants.