General Terms of Use of the Peetchr Solution

This Schedule 2 forms an integral part of the Terms and Conditions of Sale of the PEETCHR Solution entered into between PEETCHR SAS (“PEETCHR”) and the legal entity that has subscribed to a Subscription (“the Client”).

Its purpose is to define the conditions under which any natural person authorised by the Client (“User”) accesses and uses the PEETCHR Solution. It supplements, without replacing, the General Terms of Service and their other schedules (Schedule 1 - Data Protection; Schedule 3 - Privacy Policy).

1. Definitions

In addition to the definitions set out in the General Terms, the following terms have the meaning set out below:

“Solution” means the PEETCHR software platform, provided in SaaS mode, including its AI-assisted talent assessment, candidate search, scorecard generation and integration features with the Client’s ATS/HRIS systems.

“User” means any natural person - employee, service provider, agent - authorised by the Client to access the Solution by means of an individual login. Users typically include: recruiters, hiring managers, HR administrators, talent acquisition managers, HR executives.

“Credentials” means the personal identification elements (email address, password, authentication tokens, two-factor authentication factor) enabling the User to log in to the Solution.

“Talent” or “Candidate” means any natural person assessed via the Solution, whether a candidate for a position published by the Client, sourced from the Client’s ATS talent pool, or an employee of the Client assessed as part of an internal mobility or skills mapping process.

“Scorecard” means the summary document generated by the Solution providing an explainable assessment of a Talent’s skills and suitability against defined criteria.

“Human oversight” means the User’s obligation to exercise effective control over the Solution’s outputs, within the meaning of Article 14 of Regulation (EU) 2024/1689 on artificial intelligence (the “AI Act”) and Article 26 of that same text.

2. Acceptance of the Terms of Use

Access to the Solution is subject to the User’s prior and unreserved acceptance of these General Terms of Use. Such acceptance is evidenced by logging in to the Solution using the Credentials assigned to the User.

The Client is responsible for distributing these Terms of Use to all of its Users and for obtaining their acceptance. PEETCHR may technically condition access to the Solution on explicit acceptance by means of a checkbox or equivalent mechanism upon first login.

PEETCHR may amend these Terms of Use at any time. Any substantial amendment will be brought to the Users’ attention by any appropriate means at least thirty (30) days before it comes into force. Continued use of the Solution after that deadline shall constitute acceptance of the amended Terms of Use.

3. Creation and management of the User account

3.1 Account creation

User accounts are created by a Client administrator or, where applicable, via the Single Sign-On mechanism (SSO SAML 2.0) configured by the Client. PEETCHR does not create User accounts on behalf of the Client.

Each User account is strictly individual and personal. Sharing Credentials between several natural persons is strictly prohibited.

3.2 Confidentiality of Credentials

The User is solely responsible for the confidentiality of their Credentials. They undertake to:

Not disclose their Credentials to any third party, regardless of that third party’s capacity;
Enable two-factor authentication (MFA) where it is offered;
Use strong and unique passwords (minimum twelve characters, combining uppercase, lowercase, digits and special characters) where password-based login is used;
Lock their device when inactive;
Report without delay to PEETCHR and to the Client administrator any suspicious or unauthorised use of their account.

Any action performed on the Solution from a User’s account is deemed to have been carried out by that User, unless proven otherwise.

3.3 Termination of User status

The Client is responsible for revoking a User’s access as soon as that User ceases to be authorised to use the Solution (departure from the company, change of role, end of assignment). PEETCHR provides the administrative tools necessary for this management.

4. Functional description of the Solution

The Solution enables, subject to the features actually subscribed to by the Client in the Quote:

Conversational candidate search within the Client’s talent pool;
The generation of explainable scorecards assessing a Talent’s suitability against defined criteria;
Profile enrichment from publicly accessible professional data, under the conditions defined in Schedule 1;
Integration with the Client’s ATS and HRIS systems via the Kombo connector;
Skills mapping and the assessment of employees as part of internal mobility and workforce planning (GPEC);
The generation of application qualification questionnaires;
The export of data and assessments in open formats.

This description is non-contractual. The features actually available depend on the scope subscribed to by the Client and may evolve over time. PEETCHR does not guarantee that minor features will be maintained identically, provided that no change substantially degrades the subscribed Service.

5. Acceptable use of the Solution

5.1 General undertakings

The User undertakes to use the Solution in accordance with its purpose, in compliance with the laws and regulations in force, the rights of third parties and these Terms of Use. In particular, they undertake to:

Use the Solution only for legitimate professional purposes related to recruitment, talent assessment, internal mobility or skills management;
Respect the confidentiality of information relating to Talents and other Users;
Not use the Solution for discriminatory purposes or purposes contrary to human dignity.

5.2 Prohibited conduct

The User is expressly prohibited from:

Attempting to access features, data or accounts they are not authorised to access;
Circumventing, disabling or attempting to neutralise the Solution’s security measures (encryption, access control, logging, AI safeguards);
Engaging in scraping, automated harvesting or mass data extraction beyond the export features provided;
Engaging in reverse engineering, decompiling or disassembling all or part of the Solution;
Using the Solution to train another artificial intelligence system or to build a competing product;
Injecting malicious content into the Solution (executable code, scripts, injection prompts intended to manipulate the AI model, etc.);
Importing into the Solution sensitive data within the meaning of Article 9 of the GDPR for assessment purposes, beyond legitimate professional data;
Entering manifestly false or misleading data with the aim of influencing the Solution’s outputs;
Using the Solution to monitor employees beyond the lawful and legitimate cases of skills assessment;
Disclosing or making public Scorecards and other Solution outputs to unauthorised third parties;
Entering, on their own initiative, information relating to health, political, religious or philosophical opinions, trade union membership, sexual orientation, ethnic origin or any other sensitive data of a Talent.

Any breach of these prohibitions may result in the immediate suspension of the User’s access to the Solution, without prejudice to other legal remedies.

6. Responsible use of artificial intelligence

6.1 Classification of the Solution under the AI Act

The Solution is classified as a high-risk artificial intelligence system under Annex III, point 4(a) of Regulation (EU) 2024/1689 (AI Act), insofar as it is used in recruitment, assessment and talent management processes.

The User acknowledges having been informed of this and agrees to implement the human oversight and responsible use measures described below.

6.2 Obligation of effective human oversight

In accordance with Article 14 and Article 26 of the AI Act, the User undertakes to exercise effective human oversight over the Solution’s outputs. To this end, they undertake to:

Never treat a Scorecard or a ranking generated by the Solution as an automated decision;
Personally review the recommendations produced and exercise their own professional judgement;
Retain the ability to depart, without having to justify it to the Solution, from the recommendations produced;
Not apply an automatic rejection threshold based solely on a score produced by the Solution;
Pay particular attention to any situation that appears inconsistent, biased or contrary to expected professional practice, and report such situations to the Client administrator or to PEETCHR.

6.3 Information of Talents

The User undertakes not to conceal from Talents the use of the Solution in their regard. It is for the Client, in its capacity as Data Controller and Deployer, to ensure that Talents are informed in advance in accordance with Articles 13, 14 and 22 of the GDPR and Articles 26(11) and 50 of the AI Act. The User ensures that this information is relayed in the communications they personally address to Talents.

6.4 Training in the use of the Solution

In accordance with Article 4 of the AI Act, the Client ensures that its Users have a sufficient level of AI literacy. PEETCHR provides user documentation, training materials and, on request, organises onboarding and upskilling sessions.

The User undertakes to familiarise themselves with the available user documentation and to attend the training sessions offered by PEETCHR or by their Client administrator.

6.5 Talents’ opt-out option

The User acknowledges that any Talent may, at any time, request not to be assessed by the Solution, without prejudice to their application. The User undertakes to strictly respect this opt-out option and, in such a case, to conduct the Talent’s assessment in an entirely human manner.

7. Intellectual property

7.1 PEETCHR’s rights

PEETCHR remains the holder of all intellectual property rights relating to the Solution, including the source code, graphical interfaces, algorithms, proprietary skills databases (developed from the public ROME and ESCO reference frameworks), assessment methods, documentation, trademarks and logos.

Nothing in these Terms shall be construed as an assignment or as granting the User or the Client a licence over these elements, beyond the right of use strictly necessary to use the Solution under the subscribed conditions.

7.2 Client data

The Client remains the holder of the data it imports or generates via the Solution, as well as the Scorecards produced on its behalf. PEETCHR claims no rights over this data beyond the right of use strictly necessary to provide the Service.

7.3 No use of data for training

PEETCHR refrains, and contractually requires its downstream AI sub-processors to refrain, from any use of the Client’s or Talents’ data for the purpose of training artificial intelligence models, unless otherwise instructed in writing by the Client.

7.4 User feedback

Where the User submits to PEETCHR suggestions, feedback, bug reports or improvement proposals (“Feedback”), they grant PEETCHR, free of charge, on a non-exclusive basis and for the legal duration of the rights, the right to use, reproduce and incorporate this Feedback into the Solution. This assignment does not cover any personal data that may be contained in the Feedback.

8. Availability and maintenance

8.1 Availability commitment

PEETCHR implements reasonable means to ensure a monthly availability rate of the Solution greater than or equal to 99.5%, excluding scheduled maintenance periods and cases of force majeure.

8.2 Scheduled maintenance

Scheduled maintenance operations are announced to the Client administrator at least forty-eight (48) hours in advance by any appropriate means. PEETCHR endeavours to schedule these operations outside business hours.

8.3 Corrective maintenance

In the event of an incident, PEETCHR implements reasonable means to restore the Solution as soon as possible in accordance with the P0 / P1 / P2 / P3 criticality matrix defined in the DPA.

9. User support

The support terms are set out in the Quote subscribed to by the Client. In the absence of any specific provision, support is available to the Client administrator, on business days, through the channels made available by PEETCHR. Users are invited to submit their requests through the Client administrator.

10. User’s liability

The User is solely responsible for:

The actions carried out from their account;
The relevance of the information entered into the Solution;
The interpretation and use they make of the Scorecards and other Solution outputs;
Compliance with their own professional, legal and ethical obligations in matters of recruitment and talent management;
The confidentiality of the information they access via the Solution.

The User undertakes to indemnify PEETCHR for any damage it may suffer as a result of a breach by the User of these Terms of Use, in particular in the event of claims brought by a Talent or a third party on the basis of such a breach.

11. Suspension and termination of the User account

11.1 Suspension

PEETCHR may suspend, without notice, a User’s access to the Solution in the event of:

A substantial or repeated breach of these Terms of Use;
Suspicious activity or behaviour posing a risk to the security of the Solution, the data or other Users;
A reasoned request from the Client;
A legal or regulatory obligation.

The suspension is notified to the Client administrator by any appropriate means and, where possible, to the User concerned, with an indication of the reasons.

11.2 Termination

User status ceases automatically:

Upon expiry of the contract between PEETCHR and the Client;
Following the revocation of access by the Client;
In the event of a serious and unremedied breach of these Terms of Use.

12. Personal data

The processing of personal data relating to the User, in the context of their use of the Solution, is governed:

By Schedule 1 of the General Terms where PEETCHR acts as a processor for the Client (Data Controller);
By the Privacy Policy set out in Schedule 3 where PEETCHR acts as a data controller (management of the B2B relationship, security of the Solution, technical logs).

The User acknowledges having read these documents and the rights they may exercise with the PEETCHR data protection point of contact at the address sg@ghemam-avocat.com.

Where the Client itself acts as a processor on behalf of a third-party data controller, international data transfers between the Client and PEETCHR are governed by the applicable Standard Contractual Clauses under Module 3, as specified in the DPA and its Schedules.

13. Limitation of PEETCHR’s liability

To the extent permitted by applicable law, PEETCHR’s liability towards the User is limited to direct damage resulting from a characterised breach by PEETCHR of its contractual obligations.

PEETCHR cannot be held liable for:

Decisions made by the Client or its Users on the basis of the results, analyses, recommendations, ratings, rankings or content generated by the Solution, in particular decisions to recruit, not to recruit, promote, sanction or terminate an employment relationship, which fall under their sole responsibility;
Damage resulting from a breach by the User or the Client of their own legal obligations (GDPR, AI Act as Deployer, labour law, non-discrimination law, etc.);
Damage resulting from the quality, accuracy or relevance of the data, information, documents or content provided, imported or entered into the Solution by the Client, its Users and/or any third party;
Indirect, intangible or consequential damage (loss of opportunity, loss of chance, damage to image), subject to the mandatory provisions of applicable law;
Damage resulting from unauthorised access to the accounts of the Client or its Users where this results from a failure to keep the credentials, passwords or authentication means in their custody confidential;
Damage resulting from a fraudulent, malicious or unlawful act committed by a third party, including in the event of computer intrusion, except where a serious failure of the security measures implemented by PEETCHR is demonstrated;
Interruptions, slowdowns, unavailability, data loss, performance degradation or malfunctions attributable to telecommunications networks, the Internet, access providers, hosts, cloud service providers or third-party artificial intelligence technology providers;
Modifications, interruptions, unavailability, removal of features, errors, biases, hallucinations or degradations affecting the services, models or technologies provided by integrated third-party providers or used in connection with the Solution.

Given the probabilistic nature of artificial intelligence technologies, the Client acknowledges that any decision-making requires human validation.

These limitations do not apply in the event of gross or wilful misconduct by PEETCHR, nor in cases where applicable law would preclude them.

14. Force majeure

Neither party may be held liable for the non-performance of its obligations in the event of a force majeure event within the meaning of Article 1218 of the French Civil Code, or any event reasonably beyond the parties’ control, including in particular general failures of telecommunications networks, large-scale cyberattacks targeting the infrastructure underlying the Solution, and decisions of administrative or judicial authorities.

15. Term and survival

These Terms of Use apply throughout the User’s use of the Solution. The provisions relating to intellectual property, confidentiality, liability, data protection and applicable law survive the termination of User status.

16. Applicable law and competent jurisdiction

These Terms of Use are governed by French law.

Any dispute relating to their interpretation, performance or termination that cannot be settled amicably shall be submitted to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, notwithstanding multiple defendants or third-party proceedings.

17. Severability - Tolerance - Entirety

If any provision of these Terms of Use is declared null or unenforceable, such nullity or unenforceability shall not affect the validity of the other provisions, which shall remain fully applicable.

The fact that PEETCHR does not avail itself of a provision of these Terms of Use shall not be construed as a waiver of its right to do so subsequently.

These Terms of Use, together with the Terms and Conditions of Sale, their other schedules and the subscribed Quote, constitute the entire agreement between the parties in relation to their subject matter.

18. Contact

Any question relating to these Terms of Use may be addressed:

For general questions: support@peetchr.com
For questions relating to data protection: sg@ghemam-avocat.com
By post: PEETCHR SAS, 38 rue des Mathurins, 75008 Paris, France