Terms of Sale

Version 1.6 — updated 8 September 2026

Courtesy English translation. The French version is legally binding.

1. Publisher, customer and contract

These terms govern the aiKip SaaS ATS supplied by Axel Gilbert, sole trader, SIREN 923 027 155 (the Publisher) to a legal entity or sole trader acting for professional purposes (the Customer). Identification and contact details appear in the legal notice.

Before ordering, the Customer reviews the selected plan, billing interval, price and immediate charges, can correct errors, and explicitly accepts these terms and the DPA. Versioned timestamps linked to the authenticated user form evidence of acceptance. Contractual documents apply in this order: any signed special conditions, DPA for personal-data matters, order/checkout summary, these Terms of Sale, then the Terms of Use.

The service is offered for professional use, not to consumers. Statutory rights are preserved: article L221-3 of the French Consumer Code may apply to an off-premises contract outside the principal activity of a professional employing no more than five employees. Eligibility depends on the actual circumstances, not simply the professional purpose of the purchase. Applicable information, withdrawal and early-performance requirements must then be met; contacting support is not a condition for exercising a statutory right.

2. Service, features and plans

Included active capacity for paid plans is:

• Starter: 3 active jobs and 150 active candidates;
• Pro: 10 active jobs, 300 active candidates and custom career domain;
• Max: 50 active jobs and 2,000 active candidates included, removal of aiKip branding and priority handling of support requests;
• Scale: tailored capacity, pricing and contractual support on quote above Max volumes.

An active job is a published, unexpired job. An active candidate is a unique candidate with at least one application in an open pipeline stage (New, Reviewing, Shortlisted, Interview or Offer); Hired, Rejected and Withdrawn applications do not count. AI analysis is included for legitimate recruiting use and is not licensed for resale as an AI-processing service.

Max thresholds are included capacity, not an abrupt technical cutoff. When they are reached, service continues while the Publisher proposes Scale terms suited to actual volume. Abusive, unlawful, resale or mass-collection use may be suspended under article 8 after notice where possible.

3. Trial, prices and taxes

Signup opens a 30-day no-card trial on the selected plan. No payment is taken automatically at its end. Applicable prices are displayed before confirmation and stated excluding tax. VAT is currently not applicable under article 293 B of the French Tax Code; if the tax regime changes, VAT at the legal rate is added to later invoices while the price excluding tax remains unchanged.

During the launch offer, the displayed 40% discount applies to monthly and annual subscriptions; annual service is charged as one twelve-month installment at twelve times the discounted monthly price. The launch price is guaranteed for 12 months from first activation, then the catalog price applies after at least 30 days’ notice. Outside the launch regime, annual catalog billing charges ten months for twelve. Discounts do not stack.

Other price increases are notified at least 30 days before applying to an existing subscription. The Customer may cancel before the effective date.

4. Billing, plan changes and late payment

The subscription is paid in advance by card or SEPA debit through Mollie B.V. Monthly billing has an indefinite term with monthly periods. Annual billing commits the Customer for the prepaid twelve-month period and renews for successive annual periods unless canceled before renewal. The next date and amount are displayed in the billing area.

A plan change takes effect immediately. For an upgrade, the positive price difference for the remaining paid period is charged immediately on a time prorata and separately invoiced. A downgrade generates no refund or immediate charge; its lower recurring price applies from the next cycle. Switching monthly/annual billing takes effect at the next paid-period boundary.

On payment failure: reminder around D+3, suspension/read-only at D+7 and cancellation at D+14. Late-payment penalties are due automatically at the ECB refinancing rate plus ten points, not below three times the legal interest rate, together with the €40 fixed recovery indemnity under articles L441-10 and D441-5 of the French Commercial Code.

5. Cancellation and reversibility

The Customer may cancel from the billing area at any time. Cancellation takes effect at the end of the paid monthly or annual period, without pro-rata refund; until then it may be withdrawn. At contract end, the workspace becomes read-only for 30 days: authorized users can consult data, export structured company and recruitment records and download candidate documents individually. Public jobs and new applications are paused. Reactivation during that period restores operation.

After the applicable retrieval period, subject to mandatory switching rights described in article 14, operational data and copies are deleted or irreversibly anonymized. Accounting invoices are isolated before deletion and retained for ten years solely for the Publisher’s legal obligations. Minimal proof of acceptance (company, user email, document version and timestamp) is isolated for five years to establish or defend contractual rights. Details appear in the privacy policy and DPA.

6. Availability, support and changes

The Publisher has an obligation of means. Planned maintenance is performed outside French business hours where practicable. Support is provided in French and English on business days at aikip.fr/contact. Priority support means queue priority, not a contractual response-time SLA. Material service reductions are notified reasonably in advance.

7. Personal data and AI

For candidate data, the Customer is controller and the Publisher processor. The Data Processing Agreement version 1.1 is incorporated into the contract and sets out Article 28 GDPR obligations, processing details, subprocessors, assistance, security, breach procedure, audits and deletion. The Customer remains responsible for lawful basis, candidate information, minimization, retention, rights requests, any required DPIA and access rights.

AI scoring is decision support. The Customer must ensure meaningful human review and must never make a hiring or rejection decision solely from a score. See AI Transparency.

8. Customer obligations and suspension

The Customer keeps credentials secure, manages authorized users, provides lawful content and uses the service only for genuine professional recruitment. It must not circumvent quotas, probe security, collect irrelevant or discriminatory data, publish fictitious jobs or infringe third-party rights. A serious breach may lead to proportionate suspension; except for urgent security or legal risk, termination follows written notice left uncured for 15 days.

9. Intellectual property and liability

The Customer receives a non-exclusive, non-transferable right to use aiKip during the subscription. Customer content remains theirs; they grant only the technical license required to operate the service. Each party is liable for its own breaches. To the extent permitted by law, the Publisher’s aggregate liability is capped at amounts paid during the preceding 12 months and excludes indirect loss. The cap does not apply to bodily injury, fraud, wilful misconduct, gross negligence or liability that cannot lawfully be limited.

10. General provisions and disputes

Force majeure is governed by article 1218 of the French Civil Code. Invalidity of one clause does not invalidate the rest. Failure to enforce a right is not a waiver. The Publisher may amend these terms with at least 30 days’ notice for a material change; the Customer may cancel before it takes effect.

French law applies. The parties first seek an amicable solution by writing to aikip.fr/contact. Only where both parties contracted as merchants and article 48 of the French Code of Civil Procedure permits it, the courts of Toulouse have exclusive jurisdiction; otherwise the legally competent court applies.

11. Service boundaries and commitments

The features detailed in the Terms of Use form the contractual usage scope, within the subscribed plan. The order summary identifies capacity, billing period and price; higher-plan options are not included in lower plans. Demonstration visuals illustrate the product and do not promise results on Customer data.

Unless expressly agreed in writing, the price excludes recruiting on the Customer’s behalf, legal or HR advice, auditing its compliance, bespoke development, manual legacy-system migration, registrar configuration, writing its content or third-party software integration. Future features have no binding delivery date without a written commitment.

The Publisher supplies the service diligently, corrects attributable defects and performs its security and processing obligations under the DPA. No guarantee of hiring results, absolute AI accuracy or search visibility does not remove these obligations.

12. Capacity, consumption and scope changes

Capacity applies across the Customer’s workspace and all its users. Product counters and controls measure usage under article 2 definitions. A downgrade is neither immediate data deletion nor permission to indefinitely exceed the new plan; the Customer adjusts usage or selects suitable capacity.

Included or unlimited use remains recruitment-only, without resale or abusive automation. It does not guarantee unlimited concurrent operations, instant processing or absence of size and rate constraints. Technical protections must be justified and proportionate; no overage or option is charged without prior information and Customer agreement.

Exceeding Max included capacity leads to a Scale proposal, not an unspecified automatic charge. Additional services require an accepted quote describing price, scope and any deadlines.

13. Incidents, maintenance and continuity

The Customer reports defects, circumstances and impact to support while minimizing attached personal data. The Publisher diagnoses issues and communicates useful measures according to severity. Priority support is queue priority, not a quantified response or recovery commitment. No uptime percentage, RTO, RPO or service credit is agreed without express terms.

Urgent maintenance may occur without notice to protect the service. Customer network, equipment, configuration, DNS and independent-service problems are attributable to the Publisher only within its own obligations and contribution to loss. Use of a subcontractor does not itself release the Publisher from responsibility.

For a sufficiently serious Publisher breach, the Customer retains statutory remedies, including performance, price reduction or termination where their conditions are met. If the contract ends for Publisher breach, prepaid amounts for remaining unprovided services are returned under applicable rules.

14. Reversibility: practical methods and limitations

Administrators can export structured data from company settings; candidate documents are downloaded individually. The existing export is JSON and contains the categories actually returned by the tool: company, team, jobs, candidates, applications, analyses, notes, messages, experience, education, skills, interviews, answers and included logs. It is neither a complete database copy nor a directly importable format for every ATS.

The Customer organizes retrieval, checks file integrity and transfers data securely to its new provider. Authentication secrets, other customers’ data, source code and protected internal assets are excluded. Customer data cannot be excluded merely to obstruct switching. Supplementary requests may be made to support.

Mandatory switching provisions of Regulation (EU) 2023/2854 prevail where applicable. A switching request differs from cancellation of renewal; it is sent to aikip.fr/contact with the destination and required data. The 30-day retrieval window in article 5 does not reduce mandatory transition, extension or additional restitution rights.

Standard exports are included. Optional separate assistance requires an accepted quote and must not condition exercise of mandatory switching rights. No non-refund term overrides a legally required repayment.

15. Suspension, early termination and consequences

Before non-urgent suspension, the Publisher explains the reason and required corrective action. Urgent suspension is limited to preventing harm or meeting legal duties; the Customer is informed as soon as possible. It does not authorize immediate deletion of all data. Reversibility remains available insofar as compatible with security and legal obligations.

Either party may terminate for the other’s serious breach left uncured after the notice in article 8, without prejudice to lawful immediate termination. A defaulting party cannot rely on contractual limits to evade mandatory duties.

Termination ends the usage right subject to the retrieval period. Confidentiality, payment of sums due, legal retention and provisions needed to resolve disputes survive according to their purpose. Domain and DNS operations remain the registrant’s responsibility, without transfer of ownership to aiKip.

16. Liability and claims: further provisions

The Customer documents claimed loss and its connection to the alleged breach; each party takes reasonable measures to limit incident consequences. The same loss cannot be compensated twice. Lost hires, opportunities, revenue or reputation are not automatically classified as indirect: classification depends on circumstances and applicable rules.

The article 9 cap does not apply where it would deprive an essential obligation of substance or create an imbalance prohibited by mandatory law. It limits neither regulatory powers nor data subjects’ own rights, including GDPR article 82. During an unpaid trial, the absence of fees does not mean total exclusion of liability.

The Publisher is not responsible for unlawful Customer content or instructions insofar as loss results exclusively from them. Conversely, Customer duties do not release the Publisher from its own faults. Third-party claims are promptly shared and the parties cooperate without admitting liability or settling for the other without authority.

17. Evidence, versions and contract amendments

Timestamped records and acceptances may serve as evidence subject to integrity, retention and the right to contrary evidence. A link alone is not conclusive proof of acceptance. The Customer may retain a copy of the terms and request the version corresponding to its subscription.

A new version does not retrospectively change accrued rights. Material amendments to ongoing contracts follow applicable notice and acceptance requirements; legally necessary changes may follow statutory timing. Silence alone is not waiver of a dispute, termination request or statutory remedy.

Expressly negotiated special terms prevail for their subject matter; the DPA prevails for personal data. No document hierarchy overrides mandatory law or legally binding precontractual information.