Terms of Use

Last update:

September 20, 2023

The website www.makipeople.com (hereinafter together the “Platform”) is published by LLC Technologies , a French simplified joint stock company having its head office in the 5, Rue d’Assas in Paris, 75006 and being registered at the Trade Register of the Chamber of Commerce of Paris under n° 899 882 989 (hereinafter the “Company” or “Maki”).

Its goal is to help businesses improve their hiring process thanks to assessing tools and questionnaires, as well as help every user assess and improve their learning skills and abilities. Hence, Maki offers services enabling any physical persons or legal entities who wish to recruit, or who wish to evaluate the skills of candidates, or evaluate the skills of current member of personnel within the context of its entity careers and skill set management (hereinafter “Employer”). The "Service" refers to the service offered by the Company that can be accessed online on the Platform.

Article 1 - Purpose

These Terms of Use (hereinafter “ToU”) define the conditions according to which users can access and use the Platform.

This document is a contract concluded between the user of the Platform (the “User” or “You”) and the Company (hereinafter referred as the “Party” and together the “Parties”).

Access to the Platform is conditional upon the respect of the ToU by the User. Thus, by solely navigating the Platform, the User is deemed to have accepted the Terms of Use.

When the User ticks the box reading “I have read and accepted the Terms of Use and the Privacy Policy of the Platform”, s.he confirms her/his acceptance without restrictions or reserves of the ToU.

We reserve our right to modify at any time the ToU. In this case, we will publish the new version of the Terms of Use on the Platform and we will alert you at least 15 days before their entry into force through a pop-up that will appear when connecting to the Platform.

Article 2 - Definitions

The terms listed hereunder and herein written with a capital letter shall have the following meaning:

Assessment: refers to any kind of tests, questionnaires, exercises, published on the Platform and intended to assess the personality, knowledge and skills of any Users registered on the Platform either for hiring ends or for personal assessing purposes in the frame of a job research.

User: refers to individual using the Platform, including employees and person commissioned by an Employer to perform recruiting activities and Invited or Self-Registered Users.

Invited User or Candidate: refers to a natural person invited by an Employer to take an Assessment on the Platform.

Self-Registered User: refers to a User who was not invited to register on the Platform by an Employer and/or to an Invited User wishing to use Maki’s Services after having taken an Employer’s Assessment. 

Article 3 - Services

Through the Platform, the Company provides Users with the following services:

- Pre-employment questionnaires, assessments and tests for a specific company
- Process Users’ answers to provide them with job opportunities
- Provide companies with relevant profiles for their jobopenings
- Suggest training programs, material and content for Users

Article 4 - Registration and services' description

When using the Platform, the User acknowledges that the access to the service is restricted to Users with a login (email address) and a password or, depending on the way the User registered on the Platform, a token generating a unique and personal link to access the Platform. The User is solely responsible for protecting their credentials and keeping them confidential. The User can register to the Platform either following an invitation to take an Assessment sent by an Employer (Invited User) or directly by himself or herself (Self-registered User).

(i) Invited User

Invited Users receive an email with a link leading to an Assessment. Before taking the Assessment, the Invited User is required to create an account on the Platform. After the registration, the Invited User will be able to take the  Assessment.

(ii) Self-registered User

The Platform will also become accessible for any physical person who would like to register. After they created an Account, Self-registered Users can access the Platform and benefit from the Assessment Services developed by Maki for the purpose of helping Employers to meet Candidates. 

In that matter, the Company creates various type of assessments and reports in relation to Candidates by using their answers to the online Assessments. This information is then sent to prospective Employers who might be interested in the Candidate’s Profile.

Such reports shall only be created and delivered to the prospective Employer once a Candidate has fully finished its online Assessments.

Article 5 - User's obligations

When using the Platform, the User commits:

- To comply with the provisions described in the Terms of Use and to the applicable law, and to respect third-parties’ rights;
- To only submit truthful, honest and loyal information and files;
- Not to publish advertisement nor resume aimed at promoting products or services;
- Not to disclose through the Platform personal information (texts, photos, and videos) of third-party without their consent;
- Not to import nor diffuse through the Platform illegal content, notably any content that is infringing rights, defamatory, insulting, obscene, offensive, discriminatory, hateful, violent, xenophobic or urging racial hatred, or any other content that contravenes with morality and decency rules;
- Not to import from nor publish on the Platform content that would go against the purpose of our services;
- Not to communicate or send, through the Platform, any content that would point to Platforms that are illegal, offending or that go against the purpose of the Platform;
- Not to use the Platform to send massively non-requested messages (such as advertisements).

Furthermore, the Candidates expressly guarantees the truthfulness and the reality of the information contained in its application (profile, education, career, etc.).

In case of breach of one or more of these obligations, the Company reserves its right to ban the User of the Platform.

6 - Intellectual property

The content of the Platform, particularly its structure, design, interfaces, data basis, texts, digital content, brands, images, videos, music, any graphic elements, as well as the referencing of its HTML code (meta-tags) excluding the content belonging to third users, are the sole property of the Company. This content is protected by the French Code of intellectual property and by any national or international applicable text.

Users are only authorized to represent on your screen the Platform pages for a personal and temporary browsing according to the purpose of the Platform, as defined in the Terms of Use.

Similarly, you shall refrain from:
- Temporarily or permanently extract, scrap, transfer or use part or totality of our Platform and any other data basis on our Platform, for commercial or any other end;
- Extract or use repetitively and systematically totality or part of the information available on our Platform, when such an operation clearly exceeds a normal and private use of the Platform;
- Exploit, market or distribute any constitutive element of the Platform, particularly information available on the Platform and any other data basis, including database that can benefit from the protection of sui generis regulation ;
- Use of software or manual processes to copy our web pages and to record and collect information on these pages without the express, prior and written consent of the Company;
- Use of device or software in order to disturb or attempt to disturb the normal functioning of the Platform; or implement actions that would impose a disproportionate charge upon our infrastructures.

The User integrates and publishes contents through the Platform (for instance answers to online Assessments and tests, application file, including a resume, a cover letter, texts, images, etc., hereafter the “User Content”). The User declares to be duly informed and allows the Company, which accepts, a non-exclusive and free license to use the User Content. This license covers the right to use the said content and to concede sub-license for the purposes of the performance of the contract. This User license will remain in force during the entire duration of this agreement and fifty years after the end of this agreement. 

Article 7 - Platform accessibility

All available means to offer to the Platform Users a high-quality service are implemented. However, we do not guarantee that the Platform will not be interrupted. From a general perspective, we do not guarantee the comprehensiveness nor the accuracy of the content and of the information proposed through the Platform. We do not guarantee that the Platform will be conforming to the needs of the Users. The Users shall ensure that they actually have access to the technical and appropriate means for using our services. We reserve our right to suspend the access to the Platform from time to time in order to realize maintenance operations and updates of the Platform. We will endeavor to realize these maintenance operations non-working hours and to limit their length.

Article 8 - Liabilities

The Company shall not be held liable for the use you will have of the Platform and Service. Our liability shall not be question for simple mistakes or omissions that could subsist despite all the precautions taken. We shall not be held liable of any damage resulting from the use of the Platform. The use of the Platform is your sole liability.

By no means shall the Company be held liable of any consequences that could intervene in the course or after, meetings or initial contact between the User and the Employer, following the use of the Platform and Service. The sole purpose of the Company is to process answers to Assessments and tests, publish Users’ resume and the associated content, to research a position and to create a profile allowing them to benefit of a large visibility alongside the Employers. Thus, the Company shall not be assimilated to an employer, a professional organism.

We do not exercise any control upon:

- The Users Contents imported or published through the Platform (their legality, nature, accuracy, relevance nor topicality). The opinions eventually issued through the published content only bind their authors.
- The capacity or quality of the Employers or the Candidates.
- We shall not be held liable of the Users Content imported. The User is solely liable for the said Contents, the Company solely being a technical host of the said Contents.
- The Company has no general duty to monitor data and Users Contents, nor obligations to suppress a content that would not be clearly illegal, even if reported.

The Platform can integrate hyperlinks redirecting to third-party Platforms, including trade partners’ Platforms.

We shall not be held liable for any direct or indirect damages that could result from the use of the contents, data or information of any nature, accessible from the said hyperlinks. You must control that the information available on these Platforms are accurate, complete and that they respect the applicable law. These Terms of Use apply to third-parties Platforms.

You acknowledge and agree that the web-based network and more generally all telematics networks use to transfer data can entail risks due to the absence of protection of certain data against hijacking and viruses. Thus we shall not be held liable of any loss, data alteration, loss of profit, revenues, opportunity, time or any indirect damage, no matter if the damage or loss is due to negligence or any other cause, related to the performance or the non-performance of the Terms of Use.

Article 9 - Duration

The contract is entered for an indefinite period of time from the User acceptance of the Terms of Use.

The Company may suspend the access to the Platform and Service if the User contravene to the Terms of Use. In this hypothesis, the Company will notify this suspension to the User by email and will require the violation of the Terms to cease.

After a period of ten (10) days from a notification left without effects, the Company may block access to the Platform to the guilty User, without any formality and without prejudice to the rights to damages to which the Company could ask for.

Article 10 - Miscellaneous

If one or more provisions of these Terms of Use were to be considered as illegal or unenforceable by a court decision, the other provisions of the Terms of Use would remain, if the general economy of the contract is maintained.

If a Party does not require the strict application of one of the Terms of Use provision, in any occasion, it will not be considered as a general waiver to one of the rights mentioned above and it will not deprive this Party of the right to demand the strict respect of this or any provision of the Terms of Use at any time.

Upon termination, the following articles will remain: Intellectual property, Liabilities, Miscellaneous, Applicable laws.

Article 11 - Applicable law

These Terms of Use are governed by French law. In case of a conflict, the Parties decide, first, to attempt to resolve through an amicable settlement.

In case of a failure of the amicable settlement, all the conflicts likely to occur between the Parties concerning, inter alia, the signature, the interpretation, the validity, the performance and the termination of these Terms of Use, shall be subject to the exclusive jurisdiction to the French courts, even in case of a plurality of defendant, in any proceedings whatsoever.