CrossPath General Terms & Conditions of Use

THESE GENERAL TERMS OF SERVICE (the “Terms”) are a legal and binding agreement between CrossPath (the “Service Provider”, “we”, “us”) and you, or if you represent an employer or client, then that employer or client (“you” or the “Client”), governing your use of CrossPath’s website (https://www.becrosspath.com), the tools and services for talent acquisition, marketplace and recruitment operations, and all other related services that CrossPath provides (collectively the “Services”).

CrossPath reserves the right to change or update these Terms at any time, at its sole discretion, by posting an update on the website or by providing notice, if possible at least 30 days before the effective date. Your rights under these Terms will be subject to the most current version posted on the website.

PLEASE CAREFULLY READ THESE TERMS. BY SUBSCRIBING OR BY ACCESSING OR USING THE WEBSITE OR THE SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE, WITHOUT RESERVATIONS, TO BE BOUND BY THE LATEST VERSION OF THE AGREEMENT, BEING THE FOLLOWING DOCUMENTS (LISTED BY ORDER OF PRIORITY): (1) any Specific Terms (defined below in Article 1), if any; (2) these Terms; (3) the Operating Policies (including our Privacy Policy and Acceptable Use Policy). The Services are exclusively reserved for a professional use and are not available to minors under the age of 18.

Article 1. Definitions

• Assistance Services: any consulting, configuration, onboarding, training, and implementation services provided by the Service Provider to enable Client’s access to and use of the Services, including API integrations and data imports. Assistance Services include consulting services, onboarding and training, as well as related services.
• Data: Client’s electronic data, whether or not personal data, that is collected, managed, processed, and/or shared by Client and the Service Provider, and which may be intended for third parties, through the Service.
• Service: the CrossPath hosted application and platform made available by the Service Provider and remotely executed by the Client, including features related to candidate sourcing, workflow management, communications, marketplace interactions, analytics, and integrations. The Service Provider may adapt, arrange, and/or modify components of the Service and associated documentation provided maintenance and support commitments are upheld.
• Intellectual Property Right: all industrial property and copyrights including patents, trademarks, designs and models, copyrights (including audiovisual effects, graphical interfaces, preparatory design material, software and source code), specifications, and documentation.
• Operating Policies: the operational rules, guidelines, and processes followed by the Service Provider in the operation of the Services, with which Client’s compliance may be required. The Operating Policies include the Privacy Policy and Acceptable Use Policy, as updated from time to time, and are incorporated herein.
• Specific Terms: all specific terms and conditions mutually agreed with the Client stating in particular the financial and technical elements specified in an order form, quotation, or statement of work.
• Website: the web pages associated with the technological features of the Service described in the documentation and accessible by Client (including administrative interfaces) in accordance with the Agreement.

Article 2. Support and Service Levels

2.1

We shall use reasonable efforts, consistent with industry standards, to provide reliable platform availability and routing of communications within the Service. We may offer optional services intended to improve usage or outcomes. Such additional services are invoiced separately and provided after your acceptance of a quotation, as referenced in the Specific Terms.

2.2 Support and Service Levels

You shall designate an administrator (the “Administrator”) to collect information and support requests from your users and to attempt initial resolution. We provide second‑level support to the Administrator, which consists of: (i) responding to the Administrator’s requests for information and support related to use of the Service; and (ii) resolving anomalies the Administrator could not fix despite reasonable first‑level efforts. The Administrator may contact support atteam@becrosspath.com with sufficient detail to enable diagnosis.

Article 3. Use of the Services

3.1 Use of the Services

You shall comply with these Terms and the Operating Policies and ensure your users do the same. You shall not interfere with or disrupt operation of the Service. If you use any APIs, you are responsible for reasonable usage and rate limits. You subscribe to the Services in your own name and on your own behalf and may not assign or resell the Services unless expressly permitted in the Specific Terms (e.g., via authorized sub‑accounts).

3.2 Credentials

When creating an account, you agree to provide accurate information and keep it up to date. You are responsible for maintaining the confidentiality of all credentials, user IDs, and passwords, and for promptly notifying us of any unauthorized use or loss. Each account is personal to you or your authorized users. We may request proof of identity or authority before restoring access.

3.3 Content

You are solely responsible for any data, information, or content processed via the Service (“Content”), including content provided by third parties or through integrations, and for compliance with applicable laws and these Terms. Content must not: (i) infringe third‑party rights; (ii) contain malware; (iii) be unlawful, harassing, defamatory, obscene, deceptive, or otherwise objectionable; (iv) include sensitive personal data unless expressly permitted and adequately protected; or (v) violate the Operating Policies. We may take reasonable actions (including removal or suspension) to prevent unlawful activity. You are responsible for maintaining appropriate backups of your Content.

3.4 Acceptable Use

You undertake to comply with our Acceptable Use Policy. In case of breach or unusual complaint rates, we may limit usage, suspend, or terminate accounts. Fees remain payable during any temporary limitation period.

Article 4. Compliance with the Law

You shall comply with all laws and regulations applicable in each jurisdiction from which you access the Website and/or use the Service and in each jurisdiction to which you send communications or process data, and you shall indemnify us from losses arising from your non‑compliance. We shall: (i) obtain and maintain necessary licenses and consents; (ii) comply with reasonable rules and security procedures; (iii) use best efforts to make the Services available per any service level commitments set out in the Specific Terms, excluding planned downtime notified in advance; (iv) maintain appropriate technical, administrative, and physical safeguards to protect your data; (v) promptly notify you of any actual or suspected security breach involving your data; (vi) reasonably cooperate with you in related investigations or remediation; and (vii) comply with applicable data protection laws (e.g., GDPR, CCPA) and implement industry‑standard security controls. We will provide evidence upon reasonable request.

Article 5. Plans – Financial Terms

We may offer free and paid plans, with or without fixed commitment periods. Applicable pricing is shown on our website or in the Specific Terms and is displayed in the currency corresponding to your billing address. Free plans are subject to usage limits as published. You may upgrade or terminate a free plan at any time.

For paid plans, financial conditions (fees, schedule, and payment terms) are set forth in the Specific Terms. Unless stated otherwise, minimum fees are non‑cancelable and non‑refundable. Subscriptions are due in advance and may renew automatically on the same basis. You may terminate at any time; however, prepaid amounts are not refunded. You remain responsible for amounts due until the effective termination date. Plan fees exclude equipment and internet access costs. We may change fees with prior notice; for fixed‑term plans, new fees apply upon renewal if mutually agreed.

Any payment delay may result in late interest, collection costs, suspension of access, and/or termination after notice. All amounts are exclusive of taxes; you are responsible for applicable taxes.

Article 6. Termination

Either party may terminate the Agreement for a material breach not cured within thirty (30) days after written notice. We may immediately suspend or terminate for unlawful activity, policy violations, security breaches or attempts, fraud, or payment failures. For free plans, we may terminate at any time upon reasonable notice.

Consequences of termination

Upon expiration or termination, all amounts owed become immediately due. We do not refund prepaid fees. As of the effective termination date, your access ends. We will use commercially reasonable efforts to delete or return your data consistent with our data retention and deletion policies and applicable law, subject to any archival backups retained under standard retention practices.

Article 7. Intellectual Property – Access and Use Rights

7.1 Trademarks

The service name “CrossPath” and related marks are trademarks of the Service Provider. You may not use any such trademarks without our prior written consent. Other trademarks on the Website are the property of their respective owners.

7.2 Copyrights

Site elements (e.g., graphical interface, logos, headers, icons, service names, text, and software) are protected by copyright and remain the property of their authors. You may not use, copy, modify, create derivative works, or distribute such content without authorization, nor reverse engineer or decompile software except as permitted by law.

7.3 Right of Access and Use

Subject to full payment of applicable fees, we grant you a limited, non‑exclusive, non‑transferable, personal and temporary right to access and use the Service. No intellectual property rights are assigned to you.

7.4 Exclusive rights

We retain the exclusive right to modify and correct the Service. We remain the owner of all intellectual property rights protecting the works and services performed in connection with the Services, associated documentation, and all copies, derivatives, modifications, and enhancements thereof.

7.5 Intellectual property related to the Data

If the Data (excluding personal data) is protected by intellectual property rights, you grant CrossPath, free of charge, for the duration of this Agreement and thereafter to the extent permitted by law, a right to use such Data as necessary to provide, maintain, and improve the Services.

7.6 Your rights

You remain the sole owner of your materials and data. We have no rights to your materials except as necessary to provide the Services during the term and as otherwise permitted by these Terms.

Article 8. Warranties

We use reasonable efforts to deliver a functional Service substantially in accordance with its documentation, but do not warrant an error‑free service. If you notice non‑compliance, notify us and we will use reasonable efforts to remedy it; this is your sole and exclusive remedy. You warrant that you have the right and authority to subscribe to and use the Services and that the data and content you provide are accurate and up to date.

Article 9. Limitation of Liability

The Website may include links to other websites. We do not control these sites and are not responsible for their availability or content. We may temporarily suspend access for maintenance and will endeavor to keep interruptions to a minimum. Neither party (including its third‑party suppliers, employees, or representatives) shall be liable for indirect or consequential damages (including loss of revenue, profits, business, or data). In all cases, each party’s total liability is limited to the amount paid by you for the Services during the twelve (12) months preceding the event giving rise to liability, except for damages that cannot be limited under applicable law.

Article 10. Confidentiality

Each party agrees to treat as confidential, and not reproduce or disclose except as necessary to perform the Agreement, the information and documents exchanged between them. Each party shall ensure that its personnel and contractors adhere to the same confidentiality obligations. Breach may cause irreparable harm; equitable relief may be sought in addition to other remedies. Public information and legally required disclosures are excluded.

Article 11. Miscellaneous

11.1 Transfer – Change of Control

Your right to access and use the Service is personal, temporary, non‑transferable, and non‑exclusive. You may not transfer the Agreement or any rights to a third party without our prior written consent.

11.2 Subcontracting

We may use subcontractors to provide services in connection with the Services and remain responsible for their performance in accordance with these Terms.

11.3 Entire Agreement

These Terms, together with the Operating Policies and any Specific Terms, constitute the entire agreement between you and us and supersede prior commitments regarding the subject matter. Modifications require a written amendment signed by both parties.

11.4 Severability

If any provision is deemed invalid, the remaining provisions remain in full force and effect.

11.5 Force Majeure

Neither party is responsible for any failure or delay due to events beyond its reasonable control (Force Majeure). If a Force Majeure event continues for more than sixty (60) days and materially affects obligations, either party may terminate upon written notice.

11.6 Governing Law – Jurisdiction

These Terms are governed by French law. Failing amicable settlement, disputes are subject to the exclusive jurisdiction of the courts of Paris, France, notwithstanding multiple defendants or third‑party claims.

Article 12. Your Data

“Your Data” means any data and content stored or transmitted via the Services by or on behalf of you or your end‑users (which may include data imported from third‑party services). You retain full ownership of Your Data; we do not claim ownership.

You grant us the rights necessary to transmit, store, copy, display, index, and back up Your Data solely to provide the Services and comply with law. This permission includes use of third‑party service providers (e.g., cloud infrastructure) to the extent necessary to operate the Services.

You are responsible for your conduct, Your Data, and communications with others while using the Services, including obtaining required rights and permissions and preventing unauthorized access or use. You will notify us promptly of any such unauthorized access or use.

CrossPath processes personal data on your behalf as a processor where applicable. These Terms incorporate any applicable Data Processing Agreement (DPA). By accepting these Terms, you accept the DPA. You can request a countersigned copy or contact us atteam@becrosspath.com.