General terms of use of xTramile platform

1. Definitions

Email Address: Contact email address of Xtramile: contact@myxtramile.com.

Candidate”: Any person using the Services offered by the Xtramile Platform to search for a job, to check out job offers, to apply or to look at Employers' "Careers" pages.

Terms of Use“: Those terms of use of Xtramile.

Employer Account”: Account created by the Employer when he/she registered on the Platform, allowing him/her to access the Services of Xtramile.

Personal Data” :Any information related to an identified or identifiable natural person, directly or indirectly, by reference to an identification number or to one or more factors specific to that natural person. To determine whether a person is identifiable, all means allowing his/her identification in the hands of or available to the controller or any other person should be considered.

User's Data”: Any data (information, details, texts, software, music, sounds, photographs, charts, videos, etc.) collected from the Xtramile Services User that are necessary or useful for his/her request or job offer.

Employer”: Person or entity, registered on the Platform and using the Website or Services offered by Xtramile to post jobs offers.

Form”: The form allowing the candidate to apply for a job offer.

Search Engine”: The tool integrated to the Website, property of Xtramile, that makes it easier for the Users of Xtramile Services to access sources of information related to job offers and job applications, whether the User is a Candidate or an Employer.

Candidate Profile”: All information the Candidate provides online on the Platform that are related to him/her or that are linked to his/her profile or job search.

Point of Contact”: A person designated by the Employer within its structure as responsible for the use of the password allowing access to the Employer Account on the Platform together with the Employer.

Services”: All services offered by Xtramile to Users especially such as sourcing products and systems of applications screening like Xjobs or Xranking or Xparsing.

Company” or “Xtramile”: refers to the French company Xtramile SAS (Société par Actions Simplifiée or simplified joint-stock company) with a capital of 156 100 euros, with registered office at 11 Rempart Saint Thiébault, 57000 Metz (France), registered with the Trade and Companies Register (RCS) of Metz under the number 808 982 037.

Employer Website”: refers to the Website of the Employer on which Xtramile Services may be integrated.

Website”: refers to the website www.xtramile.io

Platform”: refers to all applications developed by Xtramile described on the Website www.xtramile.io, operated by Xtramile and offering the Services (sourcing products and systems of applications screening like Xjobs or Xranking or Xparsing).

User”: any legal or natural person using the Platform, as Candidates or as Employers.

2. Purpose and presentation of these Terms of Use

These Terms of Use are intended to define the terms and conditions of use under which Xtramile offers its Services to Users of its Platform.

Xtramile offers Services, accessible through the Platform, allowing Employers to publish job offers (on social networks, recruitment websites, Employers Websites or any other website).

The Platform also allows Candidates to apply for job offers published by Employers according to the conditions laid down by Xtramile.

3. Acceptance and amendments of these Terms of Use

3.1. Acceptance

These Terms of Use are published online by Xtramile on the Website.

They are accessible and printable at any time through a direct link at the bottom of the page of the Website.

They may be completed when necessary by specific terms of use completing these Terms of Use. In the event of any inconsistency between the two, the specific terms of use will prevail over the Terms of Use.

For every use of the Platform, each User have to tick off a box to show his/her respect and acceptance of these Terms of Use.

When accepting of these Terms of Use, the User acknowledges to have read, fully understood and accepted such Terms of Use. These Terms of Use shall replace any of the terms and potential general conditions of any User.

Acceptance of these Terms of Use shall only be full and complete. Any subscription subject to conditions shall be deemed null and void. The User who does not accept to be bound by these Terms of Use shall not have access the Platform or Services.

These Terms of Use are completed by Xtramiles's Terms of sale for Employers that shall be accepted by the Employers according to the same conditions as these Terms of Use.

3.2. Amendments

Xtramile reserves the right to amend, at any time and within a two-months prior notice, these Terms of Use to adapt them to the evolution of the Platform and its Services. It is the User's responsibility to frequently consult the latest versions and updates of these Terms of Use.

The User who does not accept such amendments shall not use the Services.

Any User browsing the Website or Services after publication of the new amended Terms of Use is deemed to have accepted these amendments.

3.3. Nullity of a clause and non-waiver

Nullity or unenforceability of one of the provisions of these Terms of Use shall not invalidate the other provisions that will remain in full force and scope.

Absence or waiver, by Xtramile, to exercise or enforce any right given by the Terms of Use shall in no way be regarded as a waiver of that right for the future. This waiver will only produce its effect regarding the given event.

4. Platform and Website availability

Xtramile undertakes to organize regular controls to check the functioning and availability of the Platform and Website. As such, Xtramile reserves the right to temporarily suspend the possibility to access the Platform or Website for operation maintenance purposes. Also, Xtramile shall not be held responsible for temporary difficulties or impossibilities to access the Platform and Website caused by external circumstances, force majeure or due to disturbance of telecommunications networks.

5. Conditions of access and use of the Platform

5.1 Legal capacity

The platform is accessible:

- To any natural person having legal capacity to be bound by these Terms of Use. The natural person having no legal capacity shall not access the Platform without the consent of his/her legal representative.

- To any legal person acting through a natural person having legal capacity to contract in the name and on behalf of the legal person.

5.2 Means to access the Platform

To access the Platform, you need suitable, effective and secure computer equipment, software and Internet connection.

Accessing the Platform and its optimal use require the following minimum technical requirements:

• The Platform is optimized for 1024 x 768-pixel screen resolution,

• For the following browsers: Internet Explorer and higher, Chrome 32 and higher, Firefox 26 and higher and Safari 5 and higher,

• Internet connection (allowing to access the Platform)

Therefore, Users are personally responsible for their equipment and Internet connection choices and in no case Xtramile shall be held responsible for the consequences resulting from the installation and use of the User's computer equipment or browser.

5.3 Candidate's minimum age

Candidates must be at least 16 years old to use the Xtramile Platform.

If the Candidate is a minor, he/she must use the Platform under the supervision of a parent, a legal guardian or another responsible adult, except in the case of emancipation.

5.4. Creation of Employer Account and Candidate Form

5.4.1. To benefit from the Services offered by Xtramile, it is necessary that:

- The Employer creates and opens an Employer Account on the Website. To do this, it is particularly required to provide some information on the registration form, including a valid email address where the Employer will receive a request confirmation of his/her registration. Once the registration is confirmed by Xtramile, the Employer will be able to access his/her Employer Account on the Website. He/She may access his/her Employer Account at any time after identification by entering his/her login and password. An Employer may, at any moment, request deletion of his/her Employer Account. In that case, such Employer Account will no longer be accessible and the Employer shall no longer use the Services.

- The Candidate completes the Form to apply for a job offer.

5.4.2. The User of Services offered by Xtramile:

- Ensures that all information provided in the Form is accurate, up to date and sincere and is not of a deceitful nature.

- Undertakes to update this information in the event of modifications, for it to continue to match the previous requirements.

- Shall only create one Employer Account for one profile or only complete one Form by job offer and make personal use of the Services.

- Acknowledges and agrees that information entered for registration or update of his/her Employer Account or in the Form are proof of his/her identity. The User is bound by the information he/she provided as soon as it is validated.

- Undertakes to make personal use of the Services and not to allow any third party to use the Services instead of him/her or on his/her behalf.

5.4.3. The Employer shall not (including but not limited to) communicate, distribute, share, or make his/her password and/or login accessible in any way to third parties. He/she is responsible for maintaining his/her login and password confidential and secure, anyone accessing the Platform using these password and login is considered to be the Employer. He/she shall immediately contact Xtramile at the contact details mentioned in Article 3 of these Terms of Use if he/she notices that his/her Employer Account was used without his/her knowledge. The Employer acknowledges that, in such cases, Xtramile has the right to take all appropriate measures.

6. Unsubscribe

Employers desiring to deactivate or delete their Employer Account shall send their request by email to: contact@myxtramile.com indicating the email address used to register. Once deactivated or deleted, depending on the case, the Employer Account will be deleted in due time and related Personal Data of the Employer will be deleted from the Website under the conditions provided for in our Privacy Statement.

The User will receive confirmation from Xtramile by email. Such User may register again later with the same email address if he/she wishes to do so.

7. Platform Description

7.1. Data base

Xtramile provides Candidates with content, information and data, including information about the companies of the Employers.

Xtramile provides Employers with access to a database of Candidates, including the Candidates' profiles.

The User is also informed that only Employers shall have access to the profile of the Candidates.

7.2. Search Engine

The Platform mainly consists of the Search Engine allowing the User to freely access specific personalized online information and data, whether he/she is a Candidate or an Employer.

This Search Engine is based on details and information provided or requested by Users.

The User is informed that this tool by no means relies on criteria based on the origin, political convictions, religion, belief, trade union membership, health, age, sex, etc. of the Users of the Website.

8. Intellectual Property

8.1. Intellectual property rights of Xtramile

The Platform is the exclusive property of Xtramile. The brand "Xtramile" is a registered trademark of Xtramile. Any partial or total representation, reproduction or use of this trademark, if any kind, is strictly forbidden. The domain name "myxtramile.com" is also the exclusive property of Xtramile and cannot be used by anyone without prior written express authorization of Xtramile.

The general structure of the Website is also the exclusive property of Xtramile. In addition, unless otherwise agreed or specified, the texts, graphs, pictures, sounds, data and video components are the property of Xtramile or its partners. Any disassembly, decompilation, decryption, extraction, reuse, copy and, more generally, any act of reproduction, representation, broadcast and use of one of these elements, in all or in part of the Services provided by the Platform, Website and Search Engine in any form, without prior written authorization of Xtramile (and its partners when necessary) is strictly forbidden and would be considered as an intellectual property infringement under relevant applicable laws.

The Search Engine, information, database and all contents published or distributed by Xtramile are protected by copyright. Any authorization given by Xtramile to use the Search Engine or the data shall not be interpreted as a license for exploitation, sale, transfer of intellectual property rights in any form whatsoever.

It is strictly forbidden for all Users to make one or more copies of any or all of the elements composing the database or the contents for any commercial use.

8.2. Contents provided by Users

Each User takes full responsibility of the elements and information he/she communicated to Xtramile and/or published on the Platform. Therefore, he/she shall ensure that such User Data and information he/she publishes fully respect property rights (including especially intellectual property rights) of third parties.

Each User grants Xtramile with a limited license to use the intellectual property rights related to the contents he/she provides via the Services. This limited license includes the right for Xtramile to reproduce, adapt, translate, scan, use, publish these contents to promote and develop the Services offered by Xtramile or the Platform.

The User agrees not to copy, reproduce or use the contents relating to the other Users other than for the strict needs of using the Services and for its intended purposes, unless these contents are listed on a public accessible part of the Platform or Website.

If Xtramile hears about the illegal nature of a content provided by a User, and after notifying the relevant User, this content may be deleted without delay.

9. Hyperlinks

The Platform may content hyperlinks towards other websites on the Internet, especially the Employer Website. Hyperlinks towards these other websites may cause the User to leave the Website.

Xtramile shall in no way be held responsible for the technical availability of the websites or mobile applications operated by third parties (including its potential partners) the User may access through the Website.

Xtramile shall not be held responsible for the contents, advertising, products and/or services available on such websites and third parties’ mobile applications which are governed by their own terms of use.

Xtramile shall not be held responsible for transactions between the User and any advertiser, professional or retailer (including its potential partners) after the User was sent to them through the Platform and Xtramile shall under no circumstances be party to any potential disputes with these third parties especially regarding the delivery of products and/or services, warranties, statements and any other obligations they are required to comply with.

The Employer may include a link to the Website in his/her Employer Data. No prior authorization or information request will be required by Xtramile. The Website shall be displayed in a new browser window. Xtramile reserves the right to request deletion of a link that it considers incompatible with its Services or its image.

10. Protection, Personal data processing and privacy

Personal data provided by Employers, as well as those of the Candidates using the Services are processed according to conditions described in the Data protection statement.

11. Liability and warranty

11.1. Liability of Users

The User agrees that an Internet connection is necessary to use the Services.

Under these conditions, Xtramile is not responsible for possible non-functioning, inability to access the Website or Services, or incorrect conditions of use of the Website, especially due to inadequate equipment, internal malfunctions of the User's access provider, Internet network congestion and for any other reasons beyond Xtramile’s control.

Information given by Xtramile Users must be accurate and conform to reality. The consequences of the disclosure of such information are the sole responsibility of the relevant User. The User decides to disclose and share his/her Personal Data through the Platform. Therefore, he/she waive all complaints, requests, actions or proceedings against Xtramile, especially regarding any possible infringement on his/her image rights, honor or reputation as a result of the sharing or disclosure of this information, provided that the User previously freely and explicitly consented to such a disclosure.

Users are solely responsible for the use they make of the Services and the Platform.

It is strictly forbidden to use for Services for the following purposes:

- to carry on activities that are illegal, fraudulent or infringing on rights or security of others,

- to breach public order or applicable laws and regulations,

- to intrude in the computer system of a third party or any activity likely to harm, control, interfere or intercept all or part of the computer system of a third party, to breach its integrity or security,

- to send unrequested and/or marketing or commercial emails,

- to manipulate in order to enhance the referencing of a third-party website,

- to help or to encourage, in any form or any way whatsoever, the performance of one or more of the acts and activities described above,

- and more generally, any practice misusing the Services for purposes other than the one they were created.

The User especially undertakes:

- Not to use in a commercial way the elements, data and information published on the Website;

- Not to post, indicate or share, in any form whatsoever, information or content that does not reflect reality;

- Not to comment or distribute, in any form whatsoever, the contents, profiles, job offers or job requests undermining the rights of others or that are defamatory, insulting, obscene, offensive, violent or encouraging violence, political, racists or xenophobes, and more generally any content contrary to laws and regulations, persons’ rights and good moral standards. In particular, photographs and all information, data or files provided by Users must be decent and exclusively relate to the User or, if they relate to a third party, with the User's express authorization and under the sole responsibility of the User involved;

-Not to post, disseminate or share, in any form whatsoever, the information or contents reducing, disrupting or preventing the normal use of the Services, interrupting or slowing down the normal communication flow between Users through the Services, such as software, viruses, mass mailing, etc. Xtramile reserves the right to delete mass messages sent by a User, to preserve normal quality of use of the Services for the other Users;

- Not to pull together, copy or reproduce in any way whatsoever any content or information available on the Website, including expired job offers, unless authorized by these Terms of Use;

- To use the Services in accordance with their purposes as described in these Terms of Conditions.

The breach by a User of his/her obligations entitles Xtramile to, after informing the User, temporarily suspend his/her access to the Platform or to permanently terminate his/her access to the Platform. In the event of a breach of these Terms of Use, Xtramile reserves the right to initiate lawsuits, proceedings, or complaints against the responsible Users.

The User acknowledges that Xtramile does not exercises prior control over the contents and data, and that there is no general obligation to monitor data and content stored by Users and shared through the Platform.

Users are solely responsible with respect to Xtramile and, where appropriate, with respect to any third party, regarding all damages, direct or indirect, of any nature whatsoever, caused by information or other content element published, transmitted or shared when using the Services, and regarding any failure to one of these Terms of Use.

11.2. Liability of Xtramile Company

Xtramile undertakes to provide the Services in accordance with these Terms of Use.

Xtramile does not check the accuracy of the information given by the Users and is not responsible for inaccuracy, inadequacy or illegality of such information.

Xtramile shall not, under any circumstances, be held responsible for data, information or content provided by a User, accessible or not to the public, for the lack of accuracy of these data, information or contents, for errors or omissions they could include, as well as damages that could result from the use of any content provided by a User, made available online or transmitted by email or any other way, through the Platform.

Xtramile has no general obligation to check or monitor data and content provided by its Users, neither is it required to delete a content that does not clearly seems illegal, notwithstanding its description.

Xtramile shall by no means be held responsible for the consequences that may arise during or after a meeting or initial contact between several Users and non-users following the use of the Platform and more generally the Services. Xtramile has no obligation regarding the result of a job offer.

Xtramile reserves the right, at any moment with no prior notice, to amend the information contained on the Website via its update or errors or inaccuracies fixing.

Xtramile shall not be held responsible for the content of the websites of the third parties linked from the Platform.

Xtramile shall only be held responsible for direct injuries suffered by the User.

In any case, the responsibility of Xtramile shall be limited to the amount of the performance regarding the Employers and to the amount of 250 (two hundred fifty) euros per damage regarding the Candidates.

12. Applicable law and dispute resolution

These Terms of Use and the relationship between the Users and Xtramile are exclusively governed by French law.

In the event of a dispute regarding interpretation, performance or implementation of a provision of these Terms of Use, and after failure of all attempts to reach an amicable solution, the French courts located in Metz (France) will have exclusive jurisdiction to hear the case under the jurisdiction of attribution rules applicable in the matter.

13. Contact details

For any question regarding these Terms of Use or regarding the use of the Website, the Users may send an email to the Email Address "contact@myxtramile.com" or a paper mail to the following address:

Xtramile

11 Rempart Saint Thiébault,

57000 Metz (FRANCE)