Subscribing to the Assess Manager service and/or completing the Assess Manager online questionnaire implies unconditional acceptance of these “general terms and conditions of service”, which apply regardless of the options subscribed to.
1. Purpose
The assess-manager.com website (hereinafter: the “Website”) offers services enabling employers and recruitment and training and coaching professionals (hereinafter: the “Clients”) who wish to recruit or assess, by means of assessment questionnaires (hereinafter: the “Questionnaires”), the skills of candidates for recruitment or of existing employees as part of their development within the company (hereinafter collectively referred to as the “Candidates”).
The purpose of these general terms and conditions is to define the terms and conditions for the implementation of the Website’s services (hereinafter: the “Services”), as well as the rights and obligations of the parties in this context.
They can be accessed and printed at any time via a direct link at the bottom of the Website.
They may be supplemented, where applicable, by specific terms and conditions of use for certain Services, which supplement these general terms and conditions and, in the event of any contradiction, take precedence over the latter.
2. Company identity and contact details
The Website and Services are operated by ASSESS MANAGER SAS, whose registered office is located at 26 rue Kervégan – 44 000 NANTES (hereinafter: the “Company”).
The Company can be contacted at the following address:
Postal address: 26 rue Kervégan – 44 000 NANTES – France
Email address: the contact form is accessible on all assess-manager.com pages by clicking on the “contact” link at the top right of your screen.
3. Access to Services
The Website and Services are intended exclusively for “Clients”, understood as any natural or legal person wishing to support or hire staff and/or assess the skills of their Candidates, but also for human resources professionals, understood as any natural or legal person engaged in recruitment, training and professional support activities.
4. Acceptance of the terms and conditions
Acceptance of these terms and conditions is specified during registration (when opening an account). This acceptance must be full and complete. Any membership subject to conditions is considered null and void. Customers who do not agree to be bound by these terms and conditions must not access the Website or use the Services.
5. Registration on the Website
5.1. Registration process
In order to use the Services, the Customer must register on the Website by completing the form provided for this purpose. This registration may be carried out by any natural person with the legal capacity to enter into contracts on behalf of and for the account of the Customer, or with a special mandate provided for this purpose.
The Customer must provide all information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically results in the opening of an account in the Customer’s name (hereinafter: the “Account”), giving them access to a personal space (hereinafter: “My.Assess-Manager”) that allows them to manage their use of the Services in a form and by technical means that the Company deems most appropriate for providing said Services.
The Customer guarantees that the information they provide in the registration form is accurate, up to date and truthful and is not misleading in any way.
They undertake to update this information in their My.Assess-Manager account in the event of any changes, so that it always meets the above criteria.
The Customer is informed and accepts that the information entered for the purpose of creating or updating their Account constitutes proof of their identity. The information entered by the Customer is binding upon validation.
5.2. Creation of My.Assess-Manager Accounts for companies
The Account created when the Customer (hereinafter: the “Main Customer“) registers is an administrator Account.
From their My.Assess-Manager Account, the main customer can create accounts for members of their staff who are responsible for assessments for various reasons (hereinafter: the “Sub-admin Accounts“).
Sub-admin accounts can be deleted independently from the main client’s account.
The Main Client is responsible for the creation and use of My.Assess-Manager services for the users they have created.
The main client may create another main client. In this case, they create access for a new Main Client who will have the same rights and responsibilities as the first main client, as an Admin. No “Main Client” may be deleted if there is no other. Every My.Assess-Manager account must always have at least one main client.
Users of Company Accounts will be considered Clients and are automatically subject to these terms and conditions.
The number of users of company accounts may have an impact on the price of the services offered by Assess Manager SAS; the main administrator is therefore informed of the applicable rates.
The number of Company Accounts is limited under the conditions indicated on the Website.
5.3. Strictly personal use
The Customer may access their My.Assess-Manager account at any time after logging in with their username and password.
The Customer undertakes to use the Services personally and not to allow any third party to use them in their place or on their behalf, except in the cases provided for in Article 5.2 above, unless they accept full responsibility for doing so.
The Customer is also responsible for maintaining the confidentiality of their username and password. They must immediately contact the Company at the contact details mentioned in Article 2 of these Terms and Conditions if they notice that their Account has been used without their knowledge. The Customer acknowledges the Company’s right to take all appropriate measures in such cases.
6. Description of Services
The Customer has access to the following Services, in the form and according to the functionalities and technical means that the Company deems most appropriate.
6.1. Selection of a Questionnaire
The Company offers Clients an online Questionnaire to assess a Candidate’s skills. By selecting a Questionnaire, the Client provides the Company with the Candidate’s email address.
The Company then sends an email to the Candidate inviting them to register on the Website by completing the form provided for this purpose and to respond to the Questionnaire. The Candidate may already be registered on the Website, having previously responded to one or more Questionnaires as part of a request made by another Customer. Any Candidate who is not registered on the Website cannot access the Questionnaires and therefore cannot validly respond to them.
6.2. Preparation and Consultation of Reports
- For client candidates:
Client candidates receive a report containing summary information. By default, once the candidate has completed the questionnaire, they automatically and immediately receive an initial report, which is a summary version of the additional ZOOM-ER report.
To access additional reports, the client must click on the envelope provided for this purpose in their consultation area. This click automatically generates an electronic message (e-mail) explaining to the candidate how to access the additional report for which they have been authorised to consult.
It is the client’s responsibility to send this message no later than 10 days after the interview in which the test report was used, whether conducted remotely or in person.
The decision to consult additional reports is at the client’s discretion, depending on the objectives of the assessment.
The client purchases reports according to their needs and the objectives associated with the report consultation section.
The website provides IT tools to facilitate the communication of additional reports.
6.3. Responsibility
Additional reports cannot be sent to candidates automatically, as the report must correspond to the assessment objectives.
It is therefore the client’s responsibility to send any additional reports to the candidate from their account within a reasonable time frame, which is estimated to be a maximum of 10 days after the interview with the candidate.
6.4. Additional Reports
The Company produces various types of reports assessing the Candidate’s skills (hereinafter: the “Additional Reports“), which include a transcript of their answers.
Additional reports can be viewed from the client’s account at their discretion and are either individual or collective:
- The MANAG-ER Report is an individual report detailing the Candidate’s management skills.
- The complete ZOOM-ER Report is an individual report detailing the Candidate’s personality.
- Management training tools in the form of training booklets are also available.
The MANAG-ER and ZOOM-ER reports have different formats depending on whether they are addressed to the client or the candidate. MANAG-ER and ZOOM-ER reports are also edited so that a version for the client’s partners can be adapted and made available. Partners are the stakeholders with whom the client shares the results. For example, a recruitment firm has a partner, its client, for whom it is recruiting. It can share a version of MANAG-ER with its client. This will be an additional version of the MANAG-ER report that is shorter than the one provided to Assess Manager’s direct client. The test report formats are adapted to the professional practices of users.
If a recruitment agency wants to provide its client with a summary of the results, it has a dedicated report at its disposal and can send it to the client. The client is responsible for the destruction and confidentiality of the data provided, which is sent by email to the address provided for transmission.
6.5. Submission of Reports
Reports can only be prepared and delivered to the Client once the Candidate has completed the Questionnaire in full.
Reports are delivered via a link generated by the client via their My.Assess-Manager account.
The deadlines for submitting Reports are indicated on the Website. These deadlines are purely indicative. The Company offers no guarantee regarding the deadlines for submitting Reports, as this depends on the Candidate’s willingness and the Company has no control over the completion of the Questionnaire by the Candidate.
Prices are available online at any time, as are descriptions of the offers. The delivery of additional reports depends on the Client’s choice of reports to purchase.
When exercising their right of access, each Candidate may obtain information concerning them, including a summary. This summary is provided free of charge and automatically. In the event of a technical failure of the service, the candidate may write to the Company to request a free report relating to their status.
If the client has not purchased additional reports on the candidate, these cannot be provided to the client as they have not been published.
The company is not authorised to provide a client’s candidate with additional reports that the client has not purchased.
6.6. Other Services
The Company reserves the right to offer any other Services it deems useful, in the form and according to the functionalities and technical means it deems most appropriate for providing said Services.
7. Subscription
Some Services are provided to the Customer free of charge, others for a fee, according to the terms and conditions set out below.
When the “Customer” opens an account for the first time, the opening of the account is free of charge. The Customer may create access for sub-administrators and prepare the account for use.
Regular use of the Company’s services requires the customer to purchase a subscription from the company.
7.1. Subscribing to a subscription
The site’s offer is in the form of subscriptions. Consultation of questionnaire reports and other Assess Manager services requires the prior purchase of a subscription.
There are different subscriptions, each with a certain number of credits. The customer’s account displays the number of credits available, which decreases as the customer edits and consults questionnaire reports and other products or services offered by the site.
Each additional report has a specific value.
Editing a report triggers the consumption of credits equal to the value of the specific report, whether it is sent to the candidate or viewed by the customer.
The different subscriptions are listed and can be viewed on this page: https://assess-manager.com/tarifs-produits-et-prestations/, along with the unit price of credits according to the subscription package chosen.
7.2. Subscription duration
The default subscription period is one year, or 12 months, and may begin at any time during the calendar year. The Subscription begins on the day it is taken out, subject to payment of the price, for the period subscribed to by the Customer (hereinafter: the “Initial Period”), from date to date.
By default, it is one year, 365 days.
Credits are valid for 12 months. Any credit not used during the subscription period is lost, and the subscription counter resets to its full subscription level upon renewal.
7.3. Subscription renewal
It is then tacitly renewed for successive periods of the same duration as the Initial Period (hereinafter referred to, together with the Initial Period, as the “Periods”), from date to date.
A subscription has a term of 1 year, or 365 days, unless otherwise specified. It is tacitly renewed on the 366th day, and payment of the price is then due by the customer.
The customer receives an email at the address of the administrator registered on the account, i.e. the main customer, reminding them of this renewal, so that they can cancel, increase or decrease it if necessary. The subscription renewal date is visible to the customer, who remains solely responsible for adjusting it to their needs within the specified time frame.
At the end of the 12 months, the subscription is tacitly renewed, and the number of credits returns to its initial balance corresponding to the last order placed. If there were any credits remaining in the balance before the initial renewal date, these are not carried over to the new subscription.
For example, if you have a Blue subscription with 300 credits at the start of the subscription and you have used 270 credits during the period, the credit balance counter will automatically reset to 300 credits on the subscription renewal date.
The main customer assesses their needs over a year in order to choose the subscription that best suits them.
7.4. Subscription price changes
Subscription rates are subject to change at the company’s discretion. Rate updates are automatically applied in full when subscriptions are renewed. Prices are always available on the pricing page of the website (https://assess-manager.com/tarifs-produits-et-prestations/), and any changes will be communicated to the customer’s administrator contact by email or any other appropriate means.
Furthermore, the rates can also be viewed directly in the customer’s account.
7.5. Termination of the subscription
The renewal of the subscription must be cancelled by the Company or the Customer at the latest 1 (one) month before the end of the current Subscription Period, using the contact details mentioned in Article 2 of these Terms and Conditions.
If the customer wishes to reduce the size of their subscription (subscription with a lower number of credits), they must notify the Company before the subscription renewal cancellation period.
If the Customer cancels their subscription renewal in accordance with the conditions provided for this purpose, their credit counter will be reset to 0 credits on the subscription expiry date.
The Customer acknowledges that they will not be entitled to any refund of all or part of the price corresponding to the current Period.
Any Subscription Period that has begun is payable in full. In the event of cancellation, any Credits not used during the Subscription Period are not transferable and will be lost to the Customer, which the Customer expressly acknowledges and accepts.
7.6. Renewal of the subscription before the subscription expiry date
If the Customer uses all the credits in their subscription before the subscription expires, they will be offered early renewal of their subscription for a further 12 months. In this case, the anniversary date of the subscription becomes the new early renewal date and the new invoice date for the subscription.
If the customer uses all of their credits within less than half of the subscription period and wishes to renew their subscription early, they should choose a subscription level that is at least one level higher in order to better meet their annual needs.
Renewal of a subscription requires payment of the previous subscription in full.
7.7. Value of additional reports and other credit products
Each additional report or other product offered in the Assess Manager package is valued in the form of credits, which define their price.
The total number of initial credits will decrease as the customer uses the products and services offered by the customer during the year of their subscription.
Consulting or sending a report has a value expressed in credits, as clearly stated below:
- Invitation sent to a candidate to complete their questionnaire: 0 credits
This first computer transaction is free of charge. If a candidate does not complete their questionnaire, no credits will be deducted from your subscription counter.
- ZOOM-ER: 1 credit is debited for viewing or sending a candidate’s Zoom-ER report. The client will only be debited once, whether they view or send the report. They can change the viewing language freely.
- Manag-ER (including Zoom-ER summary): 10 credits are debited for viewing or sending a candidate’s Manag-ER report.
- TRAIN-ER: 1 credit is debited per training tool.
New products may be made available with a specific credit value in this section, including training tools.
* An activated report is a report for which the corresponding number of credits has been debited in advance as mentioned above.
7.8. Credit value
The credit value is determined by your subscription as indicated here: https://assess-manager.com/tarifs-produits-et-prestations/
Unless otherwise stated, they are expressed in Euro and exclude French taxes.
The credit value may be revised upwards at any time, and the company reserves the right to apply a price change. The price adjustment is indicated in the online shop mentioned above.
Subscription prices may be revised by the Company at any time, at its sole discretion. The Customer will be informed of these changes by the Company by any appropriate written means (including email) at least one (1) month before the new prices come into effect.
- The new prices shall apply upon renewal of the Subscription following their entry into force if the price change concerns the price of the subscription.
- The new prices shall apply on the effective date if the price change concerns the price of a product expressed in credits.
The Company reserves the right, at its sole discretion and on terms it shall determine, to offer promotional offers or price reductions.
The purchase of subscriptions in the form of Credit Packs and the subscription to Subscriptions are subject to invoices that are communicated to the Customer by any appropriate means.
In the event of cancellation, for any reason whatsoever, the Customer will no longer be able to use the Credits they hold and will not be able to resell them, which they expressly acknowledge and accept.
7.9. Subscription payment terms
Subscriptions may be purchased online or through a formalised purchase process as follows: transmission of an order form that can be edited online and completed by the Customer, transmission of an invoice for payment. Upon receipt of payment, the account will be activated in accordance with the order transcribed and validated on the invoice.
Payment for the subscription can be made online, by credit card, through a secure online payment service, by cheque, by bank transfer, by direct debit, or by any other means offered on the Website at the time of purchase.
Payment by credit card is processed by a payment service provider, which alone retains the Customer’s bank details.
In the case of payment by credit card, Credits are immediately available.
In the case of payment by cheque or bank transfer, Credits are only available after the price of the Credit Packs has been received. The Customer guarantees the Company that they have the necessary authorisations to use the chosen payment method. The subscription date is specified on the invoice. Failing this, the invoice date shall prevail. It is the Customer’s responsibility to make payment on the correct date in order to take full advantage of their subscription.
- Late payments and payment incidents
The Customer is informed and expressly accepts that any delay in payment of all or part of a sum due on its due date will automatically result, without prejudice to the provisions of Articles 15 (penalties for breaches) and without prior notice, in:
- The forfeiture of the term of all sums owed by the Customer and their immediate enforceability;
- The immediate suspension of the Services in progress until full payment of all sums owed by the Customer;
- The invoicing to the Company of late payment interest at a rate of 1.5 times (one and a half times) the legal interest rate, based on the total amount owed by the Customer and a minimum flat rate of 60 Euros excluding VAT.
8. Number of users, user training and certificate of participation
8.1 Number of users created by a customer
Professional uses and needs vary depending on the users’ occupations. A recruitment agency will have different needs from a training company, for example.
As a result, the number of users is not limited but should be in line with “normal” practices and the size of the subscription chosen.
A subscription with 100 credits should normally have 1 to 3 users, while a subscription with 1,000 credits will more reasonably and logically allow for up to 20 users.
The site does not impact the number of users to ensure that all users of additional reports are declared and trained in the use of the products in order to promote proper use.
8.2 Initial user training
Regular users of the site generally have adequate initial training, such as a master’s degree in human resources, a master’s degree in training, a master’s degree in psychology or certified coaching training. These are the standard initial training requirements or equivalent for the proper use of the additional reports offered by the company.
Important note: it is the customer’s responsibility to ensure that these prerequisites are met before granting access to the site as an administrator or sub-administrator. The customer assumes full responsibility for ensuring that these prerequisites are met.
8.3 Training users in the use of the site’s additional reports
- Use of the subscription requires proper use of the products and services offered by the site. To this end, and in addition to the initial training required, any user with access to the customer’s account (other than the candidate) must participate in the training provided by the site.
- This training is provided online and offered on a regular basis so that users have the opportunity to learn throughout the year how to use the site’s products and services appropriately.
- The training is included in the subscription and allows all professional users to participate in order to make good use of it.
- Anyone benefiting from the training must first complete the questionnaire in order to experience what they will be offering to a third party in the course of their work. The only cost of the training is therefore the consumption of credits corresponding to the product on which the person will be trained.
- A certificate of participation is then issued to users who are present and have met the prerequisite of passing a preliminary test, thereby optimising the educational benefits of the training.
The site provides this additional training service at no extra cost, and in return requires the client to make the site’s tools available to people who meet these training requirements, so that they can be used in a manner that is respectful to the candidates. As such, the customer is responsible for ensuring proper use in accordance with the standard codes of ethics for human resources professionals, including respect for confidentiality and a natural benevolence towards those who have completed the questionnaire.
9. Referral Programme
9.1. Purpose of the programme
The referral programme offered by the site allows any customer to recommend the solution to third parties (companies or professionals) and to receive a reward in the form of credits.
9.2. Referrer eligibility conditions
Any legal or natural person with a valid subscription to My.Assess Manager may be considered a “sponsor”.
To benefit from the referral programme, the referrer must explicitly communicate the identity of one or more referrals to the website via the website’s contact form, or by email to their designated contact person.
The referred person must mention the identity of the referrer no later than 7 days after taking out their first subscription.
The referral is only valid if the referees have never subscribed to My.Assess-Manager before.
Referrals are valid only within clearly distinct legal entities.
9.3. Conditions for validating referrals
A referral is considered valid if the following conditions are met:
- The referred friend subscribes to a My.Assess-Manager subscription within six (6) months of the referrer’s referral.
- The referral’s subscription is confirmed by the effective payment of the first invoice.
- The referral link is clearly established by one of the following means:
- the referrer sends an email tocontact@assess-manager.com with the referral’s contact details (with the referral’s consent),
- or the referred person provides the referrer’s surname, first name or email address when they first make contact or when they subscribe.
My.Assess-Manager reserves the right to verify the legitimacy of the information provided and to reject any request in the event of suspected fraud, conflict of interest or misuse of the programme.
9.4. Referrer’s reward
For each validated referral, the referrer receives 20 credits to be credited to their My.Assess Manager account. These credits are non-refundable, non-convertible into cash and can only be used for services offered by My.Assess Manager.
Credits are awarded within 10 working days of the referral’s subscription being validated.
9.5. Limits and exclusions
The programme is limited to a maximum of 10 referrals per referrer per calendar year, unless expressly agreed otherwise by My.Assess Manager.
The following are not eligible:
- self-referrals (e.g. registration of a company owned by the referrer),
- referees who were already in advanced commercial contact with My.Assess Manager before the referrer’s intervention,
- referrals that do not comply with the rules on consent or confidentiality of personal data.
9.6. Modification or cancellation of the programme
My.Assess-Manager reserves the right to modify, suspend or delete the referral programme at any time without notice. Referrals that have already been validated will remain valid, except in the event of a breach of these terms and conditions.
10. Duration of Services
Registration on the Site is for an indefinite period.
Termination of the Subscription does not result in deregistration from the Site.
The Customer may take out a new subscription after cancellation.
11. Deletion of the Company account
The Customer may request the deletion of their My.Assess-Manager account at any time by sending a request to this effect to the Company by email, using the contact details mentioned in Article 2, or by any other means indicated on the Website.
If there is only one main contact, the deletion will take effect within a maximum of 7 (seven) days of the request. This will result in the automatic deletion of the Customer’s Account.
If there are several main contacts, the deletion of the account will be limited to the deletion of the main contact, and not the company account.
12. Customer obligations and guarantees
Without prejudice to the other obligations set out herein, the Customer undertakes to comply with the following obligations.
- The Customer undertakes, in its use of the Website and Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
- The Client acknowledges having read and understood the characteristics and constraints, particularly technical ones, of all Services on the Website. The Client is solely responsible for their use of the Services.
- The Client undertakes, in particular, to comply with the Labour Code and, in particular, the provisions of Articles L1221-6 et seq. thereof, relating to the recruitment and assessment of Candidates.
12.1. Obligations to the CNIL
The Customer undertakes to comply with its reporting obligations to the French Data Protection Authority (CNIL) with regard to files relating to recruitment and personnel management.
It also undertakes to use the Services and the data extracted from them solely for the purposes of assessing the skills of Candidates, with a view to their recruitment or as part of their internal development.
- However, the Company reserves the right to retain, anonymously, all or part of the data collected, in particular for statistical purposes or to improve the Services. This data may be transferred, leased or exchanged by the Company to third parties, which the Client expressly accepts.
- The Client undertakes to make strictly personal use of the Services. Consequently, the Client shall refrain from assigning, conceding or transferring to a third party all or part of its rights or obligations hereunder, as well as from transferring to it, free of charge or for a fee, the use or ownership of the Questionnaires and Reports and, more generally, any information communicated by the Company in connection with the Services.
12.2. The Customer undertakes not to obscure the Company’s trademark appearing on the Questionnaires, Reports and any other document communicated by the Company.
12.3. The Client undertakes not to modify or distort the Questionnaires and Reports in any way whatsoever.
12.4. The Customer shall refrain from reproducing and using the structure, logical sequence, sequence of questions and the questions themselves appearing in the Questionnaires and from reusing all or part of them without the Company’s prior written authorisation.
12.5. The Customer shall refrain from monetising, selling, granting or exchanging with third parties the Credits purchased on the Website.
12.6. The Customer undertakes to provide the Company with all the information necessary for the proper performance of the Services. More generally, the Customer undertakes to cooperate actively with the Company for the proper performance of this Agreement.
- The Customer undertakes to keep confidential, with regard to third parties, the information communicated by the Company, including in particular the Questionnaires, Reports and, in general, any information concerning the Candidate and collected in the course of the Services.
This prohibition does not apply to the Client’s own business needs, in compliance with the law and regulations or agreements in force, as well as these general terms and conditions.
- The Client is also solely responsible for any relationships it may establish with Candidates and for the information it communicates to them in connection with the Services. It is the Client’s responsibility to exercise appropriate caution and discernment in these relationships and communications. The Client also undertakes to observe the usual rules of politeness and courtesy in its exchanges with Candidates.
- The Client acknowledges that the Services offer an additional, not alternative, solution for assessing the skills and performance of future and current employees and that this solution cannot replace other means available to the Client for achieving the same objective.
- The Client must take the necessary measures to safeguard, by its own means, the information in its Personal Space that it deems necessary, as no copy of this information will be provided to it.
- The Client is informed and accepts that the implementation of the Services requires them to be connected to the internet and that the quality of the Services depends directly on this connection, for which they are solely responsible.
- The Customer indemnifies the Company against any complaints, claims, actions and/or demands that the Company may suffer as a result of the Customer’s breach of any of its obligations or warranties under these terms and conditions.
- The Customer undertakes to compensate the Company for any damage it may suffer and to pay it all costs, charges and/or penalties it may have to bear as a result.
13. Liability and warranty of the Company
- The Company undertakes to provide the Services with diligence and in accordance with best practice, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Clients expressly acknowledge and accept.
As such, the Company does not provide the Customer with any guarantee as to the suitability of the Services to its specific or particular needs, expectations or constraints.
- The Questionnaires and Reports offered by the Company are subject to continuous improvement and cannot be considered perfect or exhaustive.
The decision to hire or promote internally is the sole responsibility of the Client.
The Services offered on the Website are only tools to assist the Client and should not be considered otherwise.
The Company declines all responsibility for the Client’s decisions, particularly in the case of hiring or internal promotion.
- Furthermore, the Company is in no way responsible for any exchanges or relations between Clients and Candidates that may take place outside the Site or the Services.
The Company is not a party to any employment contracts that may be concluded between Clients and Candidates and cannot under any circumstances be held liable for any difficulties that may arise during the conclusion or execution of such contracts, nor can it be a party to any dispute between Clients and Candidates.
Clients are solely responsible for the proper completion of all formalities, in particular administrative, tax and/or social formalities, which may be incumbent upon them.
- The Company undertakes to keep the information contained in the Questionnaires and Reports confidential and to communicate it only to the Client who placed the order or to the Candidate in the event that they exercise their right of access, as set out in Article 6.3.
- The Company declines all responsibility in the event of any loss of information accessible in the Customer’s Personal Area, as the Customer is responsible for saving a copy and cannot claim any compensation in this respect.
- The Company undertakes to carry out regular checks to verify the functioning and accessibility of the Website. In this respect, the Company reserves the right to temporarily interrupt access to the Website for maintenance reasons. Similarly, the Company cannot be held liable for any temporary difficulties or impossibility of accessing the Website due to circumstances beyond its control, force majeure, or disruptions to telecommunications networks.
- The Company does not guarantee to Customers (i) that the Services, which are subject to constant research to improve their performance and progress, will be completely free of errors, faults or defects, (ii) that the Services, being standard and not offered solely for the purposes of a given Customer based on their own personal constraints, will specifically meet their needs and expectations.
In order to constantly improve the quality of the Services, the Company invites Customers to provide it with any comments and information they may wish to bring to its attention concerning the quality of transactions carried out through the Services.
- In any event, the Company shall not be liable to Clients for the payment of damages of any kind, whether direct, material, commercial, financial or moral, resulting from the use of the Services by Clients, for an amount greater than the amounts invoiced by the Company in remuneration for the Services giving rise to its liability at the time the alleged damage occurred. The Company shall only be held liable if the Clients have submitted a complaint by registered letter with acknowledgement of receipt within one month of the occurrence.
14. Prohibited behaviour
- The following are strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the proper functioning of the Website, (ii) any intrusion or attempted intrusion into the Company’s systems, (iii) any misappropriation of the Website’s system resources, (iv) any action likely to impose a disproportionate load on the Website’s infrastructure, (v) any breaches of security and authentication measures, (vi) any acts likely to infringe upon the financial, commercial or moral rights and interests of the Company or users of its Website, (vii) any practice diverting the Website for purposes other than those for which it was designed, and finally, more generally, (viii) any breach of these general terms and conditions or the laws and regulations in force.
- In the event of a breach of any of the provisions of this article or, more generally, of any violation of laws and regulations, the Company reserves the right to take all appropriate measures and to initiate legal proceedings.
15. Penalties for breaches
In the event of a breach of any of the provisions of these general terms and conditions or, more generally, a violation of the laws and regulations in force by a Customer, the Company reserves the right to take any appropriate measures, including:
- suspend, remove or prevent access to the Services by the Customer who committed the breach or violation, or who participated in it,
- deleting any content posted on the Website,
- publish on the Website any information message that the Company deems useful,
- notify any relevant authority,
- take legal action.
16. Intellectual property and protection of the Company’s content
16.1. Ownership of rights
The systems, software, structures, infrastructure, databases and content of any kind (text, images, visuals, music, logos, trademarks, databases, etc.), in particular the Questionnaires and Reports, used by the Company on the Website are protected by all intellectual property rights or database producer rights in force.
No property rights are transferred to the Client or Partner under this contract. Any reproduction, representation, distribution, modification, extraction or reuse, in whole or in part, of the aforementioned elements without express authorisation constitutes an infringement and may be prosecuted.
16.2. Prohibition of reverse engineering, imitation and unlawful exploitation
The Customer and the Partner expressly undertake, directly or indirectly, by themselves or through third parties, not to:
- attempting to reconstruct, analyse, understand or reproduce the logic, functioning, architecture or results of the tools, models or methods provided by the Site,
- engage in any form of reverse engineering, disassembly, decompilation, extraction, indexing or automatic processing of the Protected Elements,
- create or cause to be created any product, service, system, model, database or algorithm that is competitive with, derived from or inspired by, in whole or in part, the Protected Elements.
This prohibition applies to any attempt at reconstruction or imitation, including if it is:
- manual (direct human creation, with or without documentation),
- software-assisted (algorithmic or computer processing),
- automated or hybrid, in particular through the use of artificial intelligence, machine learning or generative model technologies (including, but not limited to: ChatGPT, Claude, Gemini, Copilot, Mistral, LLaMA, or any equivalent present or future system).
It is strictly prohibited to submit, reproduce, or transmit any content from the Site to a public or private artificial intelligence system for the purposes of analysis, training, reproduction, optimisation, or development of similar products.
16.3. Protection of know-how and trade secrets
The analysis models, evaluation methods, question sequences, reporting methods and methodological combinations designed by the Site are part of the Company’s confidential know-how. As such, they are protected by trade secrets (Law No. 2018-670 of 30 July 2018), in addition to intellectual property rights.
The Client undertakes never to disclose, use or reproduce, in whole or in part, the aforementioned elements, except where strictly necessary for the performance of this contract.
16.4. Penalties
Any violation of the articles relating to intellectual property, the prohibition of reverse engineering, imitation or exploitation by human or automated means (in particular by artificial intelligence) shall expose the offender to penalties, including in particular:
- The payment of a minimum lump sum compensation of two hundred and fifty thousand (250,000) euros, without prejudice to any additional damages that may be claimed,
- The immediate prohibition of any exploitation, distribution, marketing or communication of the copied, derived or extracted elements,
- The immediate destruction of all copies, data, reproductions or tools obtained illegally,
- Full reimbursement of the legal, expert and procedural costs incurred by the Website in asserting its rights.
In addition, any breach of the Company’s trade secrets, within the meaning of Law No. 2018-670 of 30 July 2018, shall render the offender civilly liable and expose them to:
- Full compensation for the damage suffered, including operating losses, undue gains, and any moral damage or damage to reputation,
- Or, at the Company’s sole discretion, the payment of a minimum lump sum compensation of one million (1,000,000) euros, without prejudice to any additional legal action.
The Website reserves the right to pursue all civil or criminal remedies available under the law, including on the grounds of counterfeiting, parasitism, unfair competition or breach of business confidentiality.
17. Personal data
The Company has a personal data protection policy, the details of which are set out in the document entitled “Personal Data Protection Charter” (https://assess-manager.com/vie-privee/), which the Customer is expressly invited to read.
18. Advertising
The Company reserves the right to insert advertising or promotional messages on any page of the Website and in any communication to Customers in a form and under conditions to be determined solely by the Company.
19. Links and third-party websites
The Company shall in no event be held liable for the technical availability of websites or mobile applications operated by third parties (including any partners) that the Customer may access via the Website.
The Company accepts no responsibility for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.
The Company is also not responsible for transactions between the Customer and any advertiser, professional or merchant (including any partners) to whom the Customer may be directed via the Website and shall in no event be a party to any disputes with such third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and other obligations to which these third parties are bound.
20. Commercial references
The Customer expressly authorises the Company to cite them and, where applicable, to reproduce their brand or logo as commercial references for the duration of the contract and for a period of 5 (five) years after its termination, in particular at trade fairs or events, in its commercial documents and on its website, in any form whatsoever.
21. Modifications
The Company reserves the right to modify these general terms and conditions at any time.
The Customer shall be informed of such amendments by any appropriate means.
Customers who do not accept the amended terms and conditions must unsubscribe from the Services in accordance with the terms set out in Article 10.
Any Customer who uses the Services after the amended terms and conditions have come into force shall be deemed to have accepted these amendments.
22. Language
In the event that these general terms and conditions are translated into one or more languages, the language of interpretation shall be French in the event of any contradiction or dispute over the meaning of a term or provision.
23. Applicable law and jurisdiction
These terms and conditions are governed by French law.
In the event of a dispute over the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Nantes shall have exclusive jurisdiction to rule on the matter, unless otherwise required by mandatory procedural rules.
24. Entry into force
These general terms and conditions came into force on 02/06/2025.