Metz Trade and Companies Register no. 808 982 037

11 Rempart Saint Thiébault, 57000 Metz (France)

[email protected]



1.      About us


We are XTRAMILE, a simplified joint-stock company listed on the Metz Trade and Companies Register under the number 808 982 037.


You can email us at: [email protected].



2.      Our proposal?


We specialise in supporting employers with the creation and circulation of job offers thanks to artificial intelligence.


To this end, we have developed a “One click Job 360” platform based on OpenAI technology allowing any professional with a recruitment need to automatically and easily generate their job offers, distribute them and therefore increase their performance (the “Platform”).

The Platform therefore makes it possible to exploit the full potential of generative AI to help you create automatic job offers just by entering keywords, to distribute them via external recruitment channels, to convert them into employer-brand banners where applicable, and also to receive scoring and performance analyses on the job applications obtained (the “Services”).[A1]


These terms and conditions of use apply without restriction or reservation to any use of the Platform by you (the “Customer(s)”).


3.      What do you need to know about our General Terms and Conditions?


What are our General Terms and Conditions used for?


Our general terms and conditions (the “General Terms and Conditions”) constitute the sole document governing our contractual relationship and define:

-         the terms of use of our Services,

-         our obligations and yours.

Where can you find our General Terms and Conditions?

You can find them via a direct link on this page of the Platform and on our website [A2] (the “Website”).[A3]

How can you agree to our General Terms and Conditions?

You agree to the General Terms and Conditions by ticking a box when confirming your subscription to the Services. If you do not accept all of the General Terms and Conditions, you cannot access the Services.

They may be supplemented by special terms and conditions, which, in the event of a contradiction, shall prevail over the Terms and Conditions.


4.      What are the conditions for accessing our Services?


(i)    You must be:

-          a natural person with full legal capacity,

-          or a legal entity acting through a natural person who has the power or authority to contract in your name and on your behalf.


(ii)   You are a professional, which is to be understood as any natural person or legal entity acting for purposes relating to their/its commercial, industrial, craft, professional or agricultural activity, including when acting in the name or on behalf of another professional.


5.      How can you subscribe to our Services?


To subscribe to the Services, the Customer must complete the form provided for this purpose on the Platform or

The Customer must provide the Company with all information marked as mandatory[A4] .


On registering, an account will automatically be opened in the name of the Customer (the “Account”) which will enable him/her to access our Services using his/her username and password.



6.      What other terms and conditions do you need to agree to in order to use our Services?


All payments made through the Platform are managed by the payment service provider indicated (the “Payment Services Provider”).


You therefore enter into a contract directly with the Payment Services Provider for the implementation of the associated payments, by accepting its general terms and conditions, when completing the subscription or purchase via a checkbox on the Platform.


If the Payment Services Providers were to refuse or terminate your subscription, you will not/no longer be able to use our Services.


Conversely, the ending of our contractual relationship will result in the termination of your contract with the Payment Service Providers for the use of our Services.


In the event of a contradiction between the general terms and conditions of the Service Provider and our own, the latter shall prevail.[A5]



7.      What are our services?


7.1.          Our Services


Before using our Services, you acknowledge:


-          that you have familiarised yourself with the characteristics and constraints, in particular technical, of our Services;


-          that the implementation of the Services requires being connected to the internet and that the quality of the Services depends on that connection, for which we are not responsible.


Our Platform allows you to create automatic job offers based on OpenAI & Xtramile technology, and to distribute them easily.


Our Services are described on the Platform.


We reserve the right to offer any other Service.


7.2.          Our additional services


During the term of the Services, you will benefit from corrective and scalable maintenance.


Access to the Platform may be limited or suspended for planned maintenance. We undertake to give you at least 24 hours’ advance notice, via any written means, and to make our best efforts to ensure that these operations do not exceed 8 hours and are carried out outside working hours, i.e. Monday to Friday from 8 a.m. to 6 p.m., Paris time, France.[A6]



During the term of the Services, you will benefit from scalable maintenance, namely:


-         improvements to the functionalities of the Platform and/or technical facilities used in connection with the Platform to introduce minor extensions (the “Updates”). We will be able to carry out these Updates automatically and without informing you in advance.


-         Additions of new features of the Platform and/or technical facilities used in connection with the Platform (the “New Versions”). We will notify you of any New Version at least 5 business days before it is installed.



We will make our best efforts to provide you with any corrective maintenance to correct any malfunctions or bugs found on the Platform.


These malfunctions or bugs (the “Errors”) fall into 3 categories:


-              Critical Error”: renders any use of the Services impossible;

-              Major Error”:   decreases the use of the Services by preventing the use of certain essential features;

-              Minor Error”: renders it impossible for you to use one or more non-essential features of the Services.


You can report any Error to us using the contact details referred to in the section “About Us” and will ask you to provide as much information as possible.


We will then inform you by email of where the Error came from.


If the Platform did not cause the Error, no maintenance will be carried out.


If the Platform did cause of the Error, we will make our best efforts to correct the Error within a timeframe that we will estimate based on the corrections that need to be made.


We will inform you by email when our work is complete.


You hereby acknowledge and agree that we are not under any obligation to provide any maintenance in the following cases:


-          error resulting from Windows and/or its services;

-          if you unsubscribe from Windows 360 services or the Services;

-          if you refuse to work with us in resolving any Errors and, in particular, replying to any questions and requests for information;

-          using the Platform in a manner that is not in keeping with its intended purpose or the documentation;

-          any unauthorised modification of the Platform by you, under your control, or by any other third party;

-          failure to comply with your obligations under the Contract;

-          installing any software packages, software or operating system not compatible with the Platform;

-          failure of electronic and electrical communication networks;

-          intentional damage, malicious damage, sabotage;

-          deterioration due to a force majeure event, as defined herein, or misuse of the Platform.


·        Hosting:


Pursuant to a duty of care, we host the Platform, as well as any data entered on the Platform, on its servers or through Windows[A7] , a professional hosting provider, and on servers located within the territory of the European Union.


·        Technical support:


If you encounter any difficulties when using our Services, you can contact us using the contact details referred to in the section “About Us ”.


We will reply as soon as possible depending on the nature of the request, but pleased note that technical support is open Monday to Friday from 9 a.m. to 12 noon and from 1 p.m. to 6 p.m.[A8] , Paris time, France, excluding public holidays in France.



8.      How long do you subscribe to our Services for?


You subscribe to our Services in the form of a subscription (the “Subscription”).


The Subscription begins on the date it is signed up to, for an initial period indicated on the Platform.


It is renewed automatically for successive periods of the same duration as the initial period (together with the initial period, the “Periods”), from date to date, unless the Subscription is terminated in accordance with conditions set out in the section “How to end the Services ”.[A9]



9.      What are our financial conditions?


9.1   How much do our Services cost?


The prices of the Services you have subscribed to are indicated on the Platform.[A10]


Any Period commenced must be paid for in full.


We are free to make promotional offers or offer price reductions.


9.2   What are our invoicing and payment terms?


We will send you one invoice per Period by any appropriate means.


The Subscription is paid for by credit card through the secure online payment service detailed on the Platform.


You guarantee that you have the authorisations necessary in order to use this method of payment.


9.3   What are the consequences of a delay in paying or failure to pay?


In the event of a default or delay in paying, we reserve the right, within the month following the due date indicated on the invoice, to:


-           declare that all sums you owe us have become payable in full and must be paid immediately,

-           immediately suspend the Services in progress until such time as all sums due are paid,

-           charge late payment interest equal to 3 times the statutory interest rate, based on the amount of sums not paid at the due date and fixed compensation of 40 euros for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred exceed this amount.



10.   Is there a cooling-off period?


As a consumer Customer, you have a cooling-off period. This cooling-off period ends 14 calendar days from acceptance of the General Terms and Conditions.


You may exercise this right free of charge by sending the Company, before the end of the period, using the contact details referred to in the clause “Identification of the Company”:

-         the withdrawal form attached as Schedule 1 or 2, duly completed,[A11]

-         or any other unambiguous statement expressing your desire to withdraw.


If you exercise your right of withdrawal, we will reimburse you for all payments received, using the means of payment used by you, without undue delay and not later than 14 calendar days from the date on which we were informed of your desire to withdraw.


If you ask for the Services to start before the end of the cooling-off period by checking the relevant box in the form, you will only be liable for the price of the Services calculated in direct proportion to the Services provided up to the day on which we are informed of your wish to cancel.


The Customer does not have a right of withdrawal where he/she has expressly agreed to the Services being provided thereto upon his/her acceptance of the General Terms and Conditions and where he/she waives his/her right of withdrawal when the Services have been performed in full by the Company.[A12]



11.   What are our respective intellectual property rights and what are we allowed to do in this regard?


The Platform is our property, as are the software, infrastructure, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.) that we operate. They are protected by any intellectual property rights or rights of the database producers in force. The licence we grant you does not entail any transfer of ownership.


You, as well as any potential users of the Platform placed under your responsibility (the “Users”), benefit from a non-exclusive and non-transferable SaaS licence to use the Platform for the period provided for in the section “How long do you subscribe to our Services for? ”.



12.   What are your obligations and what are you responsible for?


12.1 Regarding the provision of information


You undertake to provide us with all information necessary for the subscription and use of the Services.



-              assure us that the information conveyed in the form is accurate and you undertake to keep it up-to-date;

-              acknowledge that this information constitutes proof of your identity and commits you as soon as it is validated;

-              are responsible for all log-ins to the Platform, which are deemed to be made by you.


You must contact us immediately using the contact details referred to in the section “About Us” if you discover that the Services have been used without your knowledge. You acknowledge that we will have the right to take all appropriate actions in such a case.


12.2 Regarding use of the Services


You are responsible for your use of the Services and any information you share in connection with them. You are also responsible for the use of the Services and any information shared by Users. You agree that the Services will be used exclusively by you and/or the Users, who are subject to the same obligations as you in their use of the Services.


You agree not to divert the Services for purposes other than those for which they were designed, and in particular, not to:


-              engage in illegal or fraudulent activity;

-              endanger public order and morality;

-              harm third parties or their rights in any way;

-              breach a contractual, legislative or regulatory provision;

-              engage in any activity which may interfere with a third party's computer system, in particular for the purpose of breaching its integrity or security;

-              engage in activities that are aimed at promoting your services and/or sites or those of a third party;

-              assist a third party in committing or induce a third party to commit one or more of the acts or activities listed above.


You also agree not to:


-              copy, modify or misappropriate any element which belongs to us or any concept that we operate in connection with the Services;

-              adopt any behaviour which may interfere with or hijack our IT systems or undermine our IT security measures;

-              harm our financial, commercial or moral rights and interests; and

-              market, transfer or otherwise provide access to the Services, the information hosted on the Platform or any element belonging to us.


You are responsible for the content (the “Content”) of any nature that you distribute as part of the Services and in particular the job offers you distribute on partner channels.


You agree that the Content circulated is made public by default via the distribution channels you select on the Platform.


You agree not to distribute any Content (this list is not exhaustive):


-              which infringes public order and morality (it is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist);

-              which infringes the rights of third parties (infringement of content, infringement of personality rights, etc.) and, more generally, which breaches a contractual, legislative or regulatory provision;

-              which is harmful to third parties in any way;

-              which is misleading, deceptive or which proposes or promotes illegal, fraudulent or misleading activities;

-              which is harmful to third-party computer systems.


You are responsible for any relationships you may establish with the distribution channels. You undertake to act with discernment and to respect the usual rules of politeness and courtesy in your exchanges with the distribution channels.


You will hold us harmless from any claim and/or action that may be brought against us as a result of a breach of any of your obligations. You will compensate us for any harm suffered and reimburse us for any sums we may have to bear as a result.



13.   What are our obligations and what are we responsible for?


We undertake to provide the Services diligently, it being specified that we are bound by a duty of care. The Service Provider agrees to comply with all regulations in force.


13.1 Regarding the quality of our Services


We freely choose the practical and organisational terms according to which we perform the Services, provided that they are performed in accordance with professional standards.


In particular, we alone are the judges of any material resources we may decide to allocate to the performance of those Services. We are fully and exclusively responsible for the means and, more generally, the practical terms of their performance, of which we are in complete control. For the purposes of performing the Services, we may have to use specific material means, the use of which will be decided by mutual agreement between the Parties.


We will make our best efforts to provide you with quality Services. To that end, we regularly carry out checks to verify that our Services are operational and accessible and can thus carry out planned maintenance under the conditions specified in the section “Maintenance”.


However, we are not responsible for any temporary difficulties or impossibilities in accessing our Services that may arise from:

-           circumstances specific to Windows and its services;

-           circumstances outside our network (and, in particular, the partial or total failure of your servers);

-           failure of equipment, cabling, services or networks not included in our Services or not under our responsibility;

-           the interruption of the Services caused by telecom operators or internet service providers;

-           your intervention, in particular via a configuration of the Services;

-           a force majeure event.


We are responsible for the operation of our servers, the outer limits of which are the connection points.


In addition, we do not guarantee that the Services, which are subject to constant research to improve their performance and progress, will be completely free from errors, malfunctions or defects.


You hereby acknowledge and agree that the Services provided are suitable solely for:


-         computer-generated content (i.e. not handwritten);

-         data written in the Latin alphabet and/or containing decimal numbering;

-         any other details specified by XTRAMILE on the Platform.[A13]


We do not guarantee that data and information from the Content conveyed via other systems and/or in formats other than those referred to above will be extracted perfectly. Furthermore, we do not guarantee the accuracy of the marking or the entry of the data and information included in the Content. The Customer acknowledges and agrees that Content which includes illegible data may not be processed properly.


13.2 Regarding the Platform’s service level guarantee


We will make our best efforts to ensure that the Platform is accessible 24 hours a day, 7 days a week, except in the case of planned maintenance under the conditions defined in the clause “Maintenance” or an event of force majeure.


13.3 Regarding the backup of data via the Platform


We will make our best efforts to back up any data produced and/or entered via/on the Platform.


Except in the case of proven errors on our part, we are not responsible for any loss of data during maintenance operations.


13.4 Regarding data storage and security


We will provide you with sufficient storage capacity to operate the Services.


We will make our best efforts to ensure data security by implementing measures to protect infrastructure and the Platform, detect and prevent malicious acts and recover data. [A14]


13.5 Regarding the distribution of Content


We are not involved in the distribution of ads and in the recruitment process. We cannot therefore be held liable in the context of your relations with the distribution channels, nor can we be a party to any potential disputes whatsoever.



14.   To what extent can you hold us liable?


Our liability is limited only to proven direct damage you suffer as a result of using our Services. In any event, our XTRAMILE liability will be limited to a total amount which may not exceed 20% of the price of the total term of the Subscription, capped at one (1) year. [A15]



15.   What are the eligible methods of proof between us?


Proof may be provided by any means.


You are hereby informed that messages exchanged via our Platform as well as the data collected on the Platform and our IT equipment are the main methods of proof accepted, in particular to demonstrate the reality of the Services performed and the calculation of their price.



16.   How is personal data processed in the context of the Services?


We undertake to comply with the regulations applicable to personal data and, in particular, the General Data Protection Regulation (Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016) and the French Data Protection Act of 6 January 1978 in its latest version in force (hereinafter referred to together as the “Applicable Regulations”).


a.      When we collect your personal data for commercial management purposes in our capacity as data controller


We will act as data controller as defined in the Applicable Regulations in the context of processing relating to commercial management. In this context, your personal data will be kept for the period strictly necessary for the management of our contractual relations with you. Our staff, audit services (including statutory auditors) and processors may have access to the personal data collected.


This processing is necessary for the proper performance of this Contract. It may give rise to exercise by the data subjects of their right (i) to obtain the communication and, where applicable, to rectify or delete their personal data, (ii) to request deletion of the data or for its processing to be limited, (iii) to oppose processing for legitimate reasons, (iv) to request the portability of their personal data, in order to recover and retain it, and (v) to lodge a complaint with a competent supervisory authority.


b.      When we collect Users' personal data on your behalf in our capacity as processor


The purpose of this clause is to define the conditions under which we undertake, on your behalf, to process the personal data described below.


Ø  Description of subcontracted processing


As part of the Services, we are required to process personal data in the capacity of a processor, as defined in the Applicable Regulations, in your name and on your behalf. You act in the capacity of data controller, as defined in the Applicable Regulations. The processing characteristics are defined in Schedule 1 of these General Terms and Conditions.


Ø  Our obligations towards you


-         Data processing:

We undertake only to process the personal data for the purposes listed in Schedule 1 and as per your documented instructions, including with regard to the transfer of the data outside the European Union. We undertake to inform you if, in our opinion, an instruction is in breach of the Applicable Regulations. In addition, if we are required to transfer Personal Data to a third country or international organisation, by virtue of the law applicable to these General Terms and Conditions, we will inform you of this legal obligation before any processing, unless the relevant legal system prohibits such disclosure on the grounds of public interest.


-         Security and confidentiality of data:

We undertake to implement the appropriate technical and organisational measures to ensure the security and integrity of the personal data, its backup and restoration of its availability in the event of a physical or technical incident. We shall also ensure that the persons authorised to process the personal data are under obligation to keep the data confidential.


-         Other processors:

We are authorised to use the subcontractors (hereinafter the "Subsequent Subcontractor") listed in Schedule 1 to the General Terms and Conditions to carry out specific processing activities. In the event of a change in the list of authorised Sub-processors, we will inform you in writing in advance. This information must clearly indicate the processing activities outsourced, the identity and the contact details of the Subsequent subcontractor. You have 15 (fifteen) days from the date of receipt of such information to submit any written objections. If no objection is received after this period, you will be deemed to have accepted the use of the Subsequent subcontractor.


The Subsequent subcontractor is required to comply with the obligations of these General Terms and Conditions on your behalf and in accordance with your instructions. It is our role to ensure that the Subsequent subcontractor provides the same adequate guarantees for implementing appropriate technical and organisational measures such that the processing meets the requirements of the Applicable Regulations. If the Subsequent subcontractor fails to fulfil its data protection obligations, we will remain fully liable with regard to you for the performance by the Subsequent subcontractor of its obligations.


-         Transfers of personal data outside the European Union

We are authorised, under these General Terms and Conditions, to transfer personal data to countries outside the European Union, provided that appropriate safeguards are established, as defined in Chapter V of the aforementioned regulation.


-         Assistance and Provision of Information:

We undertake to assist you and respond as soon as possible to any request for information sent to us by you, whether in the context of a request for the exercise of their rights by the data subjects, an impact assessment or a request submitted by the data protection authorities or by your data protection officer.


-         Notification of personal data breaches

We undertake to notify you of any personal data breaches and to provide you with any relevant information and documentation to enable you, if necessary, to notify the competent supervisory authority of this breach, as soon as possible after becoming aware of it.


-         What happens to the data?

We undertake, at our discretion, to delete the personal data when your use of the Services comes to an end or to return it to you and not to keep a copy of it, unless required by the Applicable Regulations.


-         Documentation:

We will make available to you, at your request, any and all information and documents necessary to demonstrate compliance with our obligations and to enable audits to be performed. You therefore have the option of having audits carried out once a year, at your expense, to verify that we are compliant with the obligations provided for in this section on personal data. You will need to inform us that the audit is being performed with a minimum of two (2) weeks' notice. We reserve the right to reject the auditor selected if it is a competitor company. The audit must be carried out during our office hours and in such a way that it causes as little disruption as possible to our activity. The audit may not in any way affect (i) the technical and organisational security measures we have deployed (ii) the security and confidentiality of our other customers' data, (iii) the smooth running and organisation of our production. As far as possible, we will agree on the scope of the audit in advance. The audit report must be sent to us so that we are able to make any comments or remarks in writing, which will be appended to the final version of the audit report. Every audit report will be treated as confidential information.


-         Your obligations towards us:


You undertake to:


(a)      provide us with the personal data referred to in Schedule 1, to the exclusion of any irrelevant, disproportionate or unnecessary personal data, and to the exclusion of any “specific” data as defined in the Applicable Regulations, unless the processing justifies it, it is up to you to establish these justifications and to take all appropriate measures, including informing us in advance, obtaining consent for and ensuring the security of such specific data;

(b)     collect, under your responsibility, in a lawful, fair and transparent manner, the personal data you provide to us, for the performance of the Services, and in particular, provide you with the legal basis for this collection and the information to be supplied to the data subjects;

(c)      keep a record of processing operations and, more generally, comply with the principles set out in the Applicable Regulations;

(d)     ensure, in advance and throughout the duration of the processing, that the obligations provided for in the Applicable Regulations are complied with.



17.   Force majeure


We cannot be held liable for failures or delays in the performance of our respective contractual obligations which are due to a force majeure event occurring during our relationship.


Force majeure shall include:

-          any event which meets the conditions of Article 1218 of the French Civil Code and recognised by case law,

-          strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or defects attributable to a third-party telecommunications provider.


If either of us is prevented from performing our obligations due to a force majeure event, we must inform the other party by registered letter with acknowledgement of receipt. The obligations are suspended upon receipt of the letter and must be resumed within a reasonable period of time upon cessation of the force majeure event.


Nevertheless, we remain bound to perform those of our respective obligations which are unaffected by a force majeure event and any payment obligations.



18.   How do I end the Services?


The Subscription must be terminated by no later than one (1) month [A16]  before the end of the current Period, directly and free of charge through the functionality provided for this purpose on the Platform.


You will no longer have access to the Services.


The termination of the General Terms and Conditions also has no impact on the provisions set out herein which are intended to survive this, in particular, the “Intellectual Property” clause and this clause.


Any Period commenced must be paid for in full.


You hereby acknowledge and agree that in the event that the Subscription is terminated, all settings you have made on the Platform will be lost.



19.   What are the penalties in the event that you breach your obligations?


Payment of the price of the Services, as well as the obligations provided for in the section “What are your obligations and what are you responsible for?” constitute material obligations.


In the event that these obligations are breached, we may:


-          suspend or remove your access to the Services;

-          remove any Content connected to the breach;

-          send you an email [A17] or publish on the Platform any information message we deem useful:

o   terminating our contractual relations, such termination taking effect on the date on which this letter is received or first produced; or

o   asking you to remedy the breach within a maximum of 15 calendar days. Should the breach not be remedied, termination will take effect at the end of this period.[A18]


-          notifying any competent authority, cooperate with it and provide it with any and all information pertaining to the investigation and suppression of illegal or unlawful activities;

-          taking any legal action.


These penalties shall be without prejudice to any damages we may claim from you.



20.   How can we amend our General Terms and Conditions?


We may amend our General Terms and Conditions at any time and will notify you in writing (via a message on the Platform or by email[A19] ) at least 2 months before these amendments come into force.,


The amended General Terms and Conditions are applicable once your Subscription has renewed or upon their entry into force once the Contract has been renewed.


If you do not accept these amendments, you must terminate your Subscription in accordance with the terms and conditions set out under the heading “How do I end the Services? ”.


If you use our Services after our amended General Terms and Conditions come into force, we will deem you as having accepted them.



21.   Governing law and jurisdiction


The General Terms and Conditions are governed by French law.


In the event of any dispute between us, and in the absence of an amicable agreement within 2 months of the first notification, exclusive jurisdiction will be granted to the courts in Paris (France), unless otherwise stipulated.







1.      Description of the data processing carried out by us on your behalf


Purposes of processing personal data

Provision of the Services described in the General Terms and Conditions

Nature of processing operations

Collection, organisation, structuring, retention, use and disclosure by transmission and dissemination.


Types of personal data processed

Depending on your choice:

-                      Name

-                      Given name:

-                      Email

-                      Position

-                      Telephone number

Categories of data subjects

Users, candidates.

Duration of processing

Validity of the General Terms and Conditions


2.      List of authorised Sub-processors


Authorised Sub-processors

Processing activities outsourced

Processing location

Appropriate safeguards put in place in the event of data transfer outside the EU


Data hosting