back Terms of service

These Terms of Service (hereafter referred to as the “Terms of Service”) for the provision to the Client of the services described on the websites www.candydate.io or www.candydate.app (hereafter referred to simply as the “Website”) or in the Purchase, as described below (hereafter referred to as the “Services”) apply to the company ForeMinds Limited (hereafter referred simply by the brand name “Candydate”). Their purpose is to define the terms and conditions under which the Services will be supplied to the Client and to describe the parties’ related rights and obligations.

Where applicable, they may be supplemented by a Purchase (hereafter referred to as the “Purchase”) or special terms of use for certain Services, which will be considered supplementary to these Terms of Service and, in the event of contradiction, will take precedence over the latter. By accepting these Terms of Service during the registration process, you hereby confirm that you are authorised to commit the Client by means of such a procedure.

The Services are intended exclusively for professionals, this being understood as referring to any natural or artificial persons performing a non-occasional paid activity in all branches of industry and business.

  1. The Services



The Services refer at all times to the latest up-to-date version of the Web services, the associated software, apps and other related services supplied to the Client by Candydate pursuant to these Terms of Service and to the Purchase where applicable. The Services are proposed on a SaaS basis (Software as a Service), with the various characteristics and functions described on candydate.io and/or candydate.app (hereafter referred to as the “Solution”). The Services may also include supplementary services and modules, including third-party professional services, software and services, as agreed between the Client and Candydate. If third-party services are ordered via the Services, the Client may be obliged to accept these third parties’ general terms and conditions in order to access the services. The supplementary professional services are defined in the Purchase. Candydate is constantly working to develop and improve the Services. Candydate reserves the right to introduce new versions, updates and packages for the Services, including but not limited to modifications affecting the design, operating methods, technical specifications, systems and other functions, etc. of the Services at any time without notice.

  1. Accessing the Services



Candydate protects the Services and it is important that these may be used under fully secure conditions. The Client must ensure that the usernames and passwords of the users with access to the Solution are stored and used in a secure manner and may not be consulted or used by unauthorised third parties. The Client is responsible for any unauthorised use of the usernames and login information of the Client’s users to access the Services. Candydate reserves the right to terminate the Client’s access to the Services at any time if Candydate considers that the Client is failing to comply with the Terms of Service or that there is a security risk.

  1. Use of the Services



The Services may be used by the Clients as legally constituted entities and organisations, pursuant to these Terms of Service, to the Purchase where applicable, and to the administrative and security instructions sent to the Client by Candydate such as information via the Services, direct messages to the Client or via the Website. The Client will be responsible for the activities performed by its users, including its employees, consultants, managers, directors, agents or staff within the Services and will use the Services in accordance with all laws applicable to them. Any content uploaded, transferred, displayed publicly, processed or entered in the Services by the Client (hereafter referred to as the “Client Content”) will be considered the sole responsibility and liability of the latter.



The Client must only use Services for internal business purposes and must not: (i) grant licenses or sub-licenses, sell, resell, rent, lease, transfer, assign, distribute, time-share or otherwise exploit the Services or make them available to a third-party; (ii) send spam or other unsolicited messages in violation of the applicable laws; (iii) knowingly send or store material containing computer viruses, worms, Trojan horses or any other malicious IT code, files, scripts, agents or malware, or enable a “bot” or other non-approved automated process to interact with the Services; (iv) interfere with or adversely affect the integrity or performance of the Services or the data they contain; (v) attempt to obtain unauthorised access to the Services or to the related systems or networks. The Client guarantees Candydate that it possesses all necessary rights and authorisations to circulate this Client Content. It undertakes that the said Client Content is legal, does not infringe public order, public policy, public decency or the rights of third parties, does not infringe any legal or regulatory provision and more generally is in no way likely to result in Candydate incurring any civil or criminal liability.

  1. Content



During the use of the Services, Candydate supplies the Client with content (hereafter referred to as the “Candydate Content”).



This Candydate Content results from the aggregation of data by Candydate itself or from third parties. This Candydate Content may be subject to copyright or other legal protection provided for under the terms of the applicable regulations, preventing the use of the said Candydate Content outside the scope of the Services supplied by Candydate.



The Client acknowledges and accepts that the any Content may only be used within the scope of the Services supplied by Candydate. Any use by the Client outside the scope of the Services of Candydate Content supplied as part of the Services is prohibited.

  1. Client Content



It is extremely important that the rights of third parties are respected when using the Services. Any Client Content uploaded, captured, transferred, circulated, published, processed or entered in the Solution or within the scope of the Services by the Client will be considered the latter’s sole and exclusive liability. This also applies, in all aspects, to the Candydate Content produced by Candydate as part of the agreed Services supplied to the Client. The Client will be responsible and liable for monitoring its Client Content and will be considered liable vis-à-vis Candydate for ensuring that the Client Content does not in any way affect third parties and does not violate these Terms of Service or the applicable law in any manner and that the Client Content is appropriate. The Client must ensure that via the Client Content it:



Does not infringe the Terms of Use of any other third-party service which Client accesses when using the Services;



Does not commit any criminal acts, defame, libel, persecute, slander, discriminate against (on the grounds of race, colour, nationality or ethnic origin, religious convictions or sexual orientation, disability or illness for example), threaten or otherwise harm any other person or their rights, by any means;



Does not distribute inappropriate, vulgar, offensive, dishonest, unsuitable, racist, pornographic or sexist material via the Client Content;



Does not send out or allow to be sent out any unsolicited advertising such as spam, or use the Services in any other manner to transfer or publish Client Content which chiefly comprises concrete business offers and proposals;



Does not copy, sell, circulate, publish or use the Candydate Content or any other content or material belonging to Candydate or other clients or users (if you have not obtained express consent to do so);



Does not claim to be someone else or to give a false description of the Client’s connection with another person or organisation in any manner;



Does not contravene any applicable data protection legislation; and have received all required consent from the third parties concerned, or have ensured that another legal basis exists for the processing, in order that the processing, including the Client Content via the Services, does not infringe the rights of any person or organisation;



The Client holds Candydate harmless against any legal action resulting from any Client Content used in violation of these Terms of Service.



At its sole discretion, Candydate may delete all or part of the Client Content without notice at any time, if Candydate considers that it violates these Terms of Service.

  1. Use of the Client Content by Candydate



In order for Candydate to be able to supply the Client with the Services, the Client grants Candydate a non-exclusive, free, global and otherwise unlimited right to process, use, publish and copy the Client Content and to make it available, whether directly or indirectly, for the purpose of providing the Services to the Client.

  1. Processing of personal data



As part of their contractual relations, each Party shall undertake to comply with the applicable regulations on personal data processing. Personal data are retained during the duration strictly necessary for the purposes of managing the business relationship between Parties.



As part of the Services, Candydate processes personal data in the name and on behalf of the Client as a data processor, while the Client acts as a data controller within the meaning of the Applicable Regulation.

  1. Access and security



At its sole discretion, Candydate agrees to adopt reasonable measures to ensure that the Services are available on the Internet 24 hours a day, 7 days a week. Candydate is entitled to take measures affecting access when Candydate considers this necessary for technical, maintenance, operational or security reasons. The Client acknowledges and accepts that maintenance, updates, bugs and other causes or circumstances, whether planned or unplanned, may result in interruptions to or breakdowns affecting the Services.



The Client understands and acknowledges that its access to the Internet cannot be guaranteed and that Candydate may under no circumstances be considered liable for any issues with the Client’s Internet-related connections or equipment.


  1. Assistance services



Candydate will provide the Client with assistance services if it has any questions concerning the use of the Services.

  1. Contractual term and termination



The Services are provided in the form of a subscription (hereafter referred to as the “Subscription”).



The Subscription begins on the date on which the Client supplies its bank details, for a period of 1 (one) month or 1 (one) year according to the subscription period selected by the Client, from date to date, (hereafter referred to as the “Subscription Period”).



If the Subscription is made in the form of a Purchase, the Subscription is taken out for the period mentioned in the said Purchase. The Subscription automatically renewed for successive periods of a duration identical to the Subscription Period, from date to date, unless canceled by Candydate or by the Client.



The cancellation of the Subscription will take effect at the end of the last day of the Subscription.



Candydate reserves the right to terminate the Subscription with immediate effect at any time and for any reason, without the need to justify or disclose to the Client.

  1. Guarantee limitations and claims



Candydate guarantees the Client that the Services will operate in a substantial and material manner in compliance with what is presented on the Candydate Website, under normal conditions and circumstances of use, for the intended purposes and for the sole use of the Candydate Content as part of the Services. This guarantee does not apply to the trial period for Subscriptions or to the free Subscription. With the exception of the above-mentioned guarantees and in as far as allowed by law, Candydate rejects any other guarantee or warranty concerning the Services, whether express or implicit, including but not limited to their adaptation to a particular use, the accuracy or reliability of the results obtained from using the Services, that the Services meet specific requirements, that the Services will not be interrupted, or that they are fully protected or free of computer errors.

  1. Liability limitations



With the exception of any legal liability which Candydate is legally prevented from declining, Candydate may not be considered liable for any loss of income, profits or savings, contracts, production, clients, data or other information, and for complaints or claims from third parties, indirect losses and any other consequential losses.



Candydate is not responsible or liable for ensuring the permanent and uninterrupted availability of the Services or for any other losses or circumstances, including a lack of access and security, interruptions, risks and faults. Candydate performs no verification of the data issued to the Client via its technology. Consequently, regarding the Candydate Content, the third-party services or material, Candydate does not guarantee that any Candydate Content or any material or service supplied by third parties is totally correct, reliable, complete or accessible, and Candydate is not liable for any losses or damage arising from problems with this Candydate Content, material or service. The parties are reminded that the Client is only authorised to use the Candydate Content for consultation purposes as part of the Services and that any other use of the Candydate Content is at the Client’s risk, with no guarantees from Candydate.

  1. Prices and payment



In return for the provision of the Solution and the Services, the Client will pay the price stated on the Website according to the offer selected at the time it subscribed to the Services or stated in the Purchase. Candydate reserves the right to increase its price at each renewal period.



Without prejudice to its other rights, Candydate may temporarily deactivate the Client’s access to the Services in the case of lack of payment. Additionally, Candydate may terminate the Subscription and delete and destroy the Client Content in such case.

  1. Intellectual property rights



All intellectual property rights concerning Candydate, the Candydate Solution, the Candydate Services, the Website and all other related services, such as patents, design patents, design rights, copyrights, moral rights, business secrets and know-how, rights concerning databases, trademarks, company names, rights relating to business legislation and any other intellectual property right, in all cases, whether registered or registrable, and all applications for registration of any of the above-mentioned rights in addition to the right to apply for registration and all rights and forms of protection of the same nature or having similar effects worldwide are and will remain the property of Candydate or its license providers. Under no circumstances does the use of Services represent a transfer or assignment of these intellectual property rights to the Client.

  1. Privacy & confidentiality



Both parties agree to treat information which may be considered as the other party’s professional or business secrets as private and confidential, unless the party supplying the said information expressly gives its written consent to the contrary.

  1. The transfer of services



These Terms of Service are valid between the parties and cannot be transferred or disposed of without written authorisation. However, Candydate may wholly or partially transfer the provision of the Services to another company belonging to the same group as Candydate.

  1. Applicable law and dispute resolution

Unless other provisions apply concerning the mandatory applicable law, these Terms of Service and the relationship between the Client, you and Candydate will be interpreted and applied pursuant to English law.