SECTION A – GENERAL PROVISIONS
1. PRELIMINARY PROVISIONS
1.1 These general terms and conditions (the "Terms & Conditions") apply to the use of the platform called "Nexthire.AI" (the "Platform") developed by MAFG S.r.l., with registered office in Milan (MI) Via Caio Secondo Plinio, n. 11, share capital of € 10,000.00, fully paid-up, registered in the Milan Register of Companies under the no. REA MI - 2734110, VAT number and Tax Code. 13612180961 (the "Company") in favour of users (the "Users") who access the Platform via link sent by the organisation interested in interacting with the User (the "Organisation") for the conduct of an interview conducted by an avatar that will be recorded in audio and video format (the latter only if activated by the User) and transcribed to develop an assessment of the User's soft skills ("InterviewInterview“).
1.2 By using the Platform, the User is required to unconditionally accept to be bound by the terms set out in these Terms & Conditions, as well as by the conditions indicated in the Privacy Policy and the Cookie Policy relating to the Site as defined in Article 2.1 and respectively available at the following links: https://nexthire-ai.com/informativa-privacy/ and https://nexthire-ai.com/cookie-policy/ as well as the Privacy Policy relating to users of the Platform available at the following link: https://nexthire-ai.com/informativa-candidati/. It is understood that access to the Platform is allowed only to Users over 18 (eighteen) years of age.
1.3 Access to the Platform, the conduct of the Interview and/or the use of all content and information that may be made available from time to time by the Company through the Platform or in relation to the Platform require compliance with the terms of these Terms & Conditions, as well as any further addendum, contractual integration, communication or notification that may be requested, transmitted or made available by the Company at its discretion.
1.4 These Terms & Conditions are structured as follows: (i) in this Section A there are some general provisions concerning the same Terms & Conditions; (ii) Section B regulates the profiles concerning the use of the Platform; (iii) Section C contains some final provisions concerning the contractual relationship between the Company and the User.
2. DEFINITIONS AND INTERPRETATIVE CONVENTIONS
2.1 For the purposes of these Terms & Conditions, terms used with a capital letter have the meaning given to them by the definitions below:
"Terms & Conditions" means these general terms and conditions, as defined in Article 1.1;
"Cookie Policy" means the Company's cookie policy made available on the Site;
"Interview" has the meaning set out in Article 1.1;
"Applicable Law" means all provisions of laws, codes, decrees, regulations, circulars that have binding effect and any measure or sentence of an Authority having similar effect;
"Organization" has the meaning set forth in Article 1.1;
"Platform" means the platform developed by the Company defined in this Article 2.1 and referred to as "Nexthire.AI";
"Privacy Policy" means the Company's privacy policy made available on the Site;
"User Privacy Policy" means the privacy policy relating to the Users defined in this Article 2.1 made available on the Site and on the Platform;
"Site" means the Company's website, accessible at the following link www.nexthire-ai.com;
"Company" means MAFG S.r.l., as defined in Article 1.1;
"Users" means users who access the Platform through the Site, as defined pursuant to this Article, or users who access the Platform through the link sent by email by the Organization;
2.2 Terms defined in the singular have the same meaning when used in the plural and vice versa. Terms defined in one genre have the same meaning when used in another genre. References to any agreement, document or act shall be understood as extended to the relevant annexes and include any subsequent act modifying, supplementing, novating or replacing the same. References to any legal entity shall be understood as extending to its successors or assigns in a particular or universal capacity, provided that such succession is permitted under these Terms & Conditions. References to any provision of law or regulation shall be understood as referring to such provision of law or regulation as amended, supplemented, replaced, amended, in whole or in part, from time to time in the version in force from time to time and including any communication, regulation, circular or implementing provision adopted pursuant thereto.
SECTION B – GENERAL CONDITIONS OF USE OF THE PLATFORM
3. SERVICES OFFERED
3.1 Through the Platform, the Company provides a tool through which Users – at the invitation of the Organization – can carry out the Interview in order to receive and allow the Organization through the Platform to carry out an assessment according to the "STAR process" method (Situation, Task, Action, Result), based on 11 categories of soft skills (emotional stability; communication; people management; potential; relationship - collaboration, pleasantness, accessibility; conscientiousness - organization, structuring; leadership; analytical and strategic thinking; flexibility; customer orientation; innovation and creativity). It is understood that in no case does the Company offer through the Platform services of "brokerage agency", "employment agency" or "temporary agency" in the context of the labour market or any other reserved activity pursuant to Italian Legislative Decree 276/2003. The Company in no case does it carry out brokerage, personnel selection or professional outplacement support activities.
3.2 The Company is totally extraneous to any contract and/or to any existing and/or future relationship of any nature that may be established between the Organization and the User.
4. ACCESS TO THE PLATFORM AND CONDUCT OF THE INTERVIEW
4.1 Access for the User to the Platform is permitted, unless otherwise indicated on the Platform itself or duly communicated by the Company to the User, free of charge.
4.2 To carry out the Interview, the User – once he has received an email from the Organization and clicked on the appropriate link in the aforementioned communication – will be able to access a section of the Platform through which he can book a slot for the Interview. The User will receive by email the link for the Interview to be conducted by the Organization, unless otherwise agreed with the Company. It is understood that the User is given the possibility to reschedule the Interview by accessing the Platform or to cancel it if the User is no longer interested in carrying out the Interview.
4.3 The methods of use of the Platform are specified from time to time in the documentation and information made available by the Company within the Platform itself, which each User hereby undertakes to comply with. The User acknowledges and expressly accepts that the Company may assume that each User is aware of these documents and information and therefore complies with the provisions of them in the use of the Platform. Any non-compliant use of the Platform will constitute a breach of the obligations assumed by the User under these Terms & Conditions.
4.4 The connection to the Platform and the use of the functions and the conduct of the Interview connected to it take place through the internet. The User must independently equip himself, at his own care and expense, with suitable technological infrastructures (hardware and software) and the computer connections necessary to be able to use these functions and to carry out the Interview efficiently and without interruption through the internet. The infrastructures and connections necessary to allow this access must constantly comply with any technical specifications indicated in the instructions provided by the Company, including through the Platform itself, and must in any case comply with the security standards available on the market. The User hereby waives any claim or exercise any action against the Company in the event of interruption or malfunctioning, total or partial, of the Platform and/or the functions made available by the Company that is attributable to the failure to adopt the IT infrastructures and connections referred to in this Article 4.4, defects or malfunctions of the same, or any other cause that is not attributable to the Company's conduct, including the User's failure to adopt adequate security standards.
4.5 The User expressly acknowledges and acknowledges that the Company does not have the ability to control the communications made via the internet or other telecommunications services used by the User to access the Platform, nor can it exclude that such communications may be intercepted or tampered with, including as a result of a cyber attack by third parties. The Company therefore remains exempt from any liability for damage caused by third parties as a result of abuses perpetrated by circumventing the security systems adopted, except in cases of wilful misconduct or gross negligence on the part of the Company.
4.6 The User declares that he/she is aware of the risks associated with the use of the technologies made available to the Company through the Platform and that he/she is in possession of adequate knowledge and experience for the use of the Platform and the functionalities offered through it.
4.7 The Company will endeavour to constantly allow access to the Platform as well as the use of the Interview, 24 hours a day, 365 days a year. The Company does not guarantee that there will be no interruptions, suspensions, inefficiencies, malfunctions in the use of the Platform and related services, possibly because of virus or computer bugs, or that such interruptions, suspensions, disservices or malfunctions will be remedied in a timely manner. In addition, access to the Platform may also be suspended or restricted from time to time to allow for repairs, maintenance or the introduction of new activities or services. The Company will attempt to limit the frequency and duration of such suspensions and limitations. In such cases, the Company cannot be held liable in any way for any damage or loss, direct or indirect, suffered by the User and/or third parties.
4.8 The Platform is provided as-is, in the versions in force from time to time, without the Company providing any representation or warranty, implicit or explicit, in this regard and without the Company assuming any commitment to the User to develop, integrate or modify its functions or features.
4.9 You acknowledge and agree that circumstances beyond our control may occur that may cause temporary interruptions or disruptions to the Platform, including but not limited to technical malfunctions, connectivity issues, or cyberattacks. In these cases, the Company cannot in any way be held liable for any damage or loss, direct or indirect, suffered by the User and/or third parties.
5. ADDITIONAL OBLIGATIONS OF THE USER IN RELATION TO THE USE OF THE PLATFORM
5.1 You agree to indemnify, defend and hold harmless the Company and its directors, officers, employees and contractors from and against any and all claims, damages, suits, actions, costs (including reasonable attorneys' fees) and other expenses arising directly or indirectly from: (i) your actual or alleged breach of these Terms & Conditions; (ii) any dispute relating to any content or other material sent or transmitted to the Platform that may infringe, misappropriate the rights of third parties, including trademarks, trade secrets or other intellectual property rights; and/or (iii) your activities or omissions in connection with your use of the Platform.
5.2 The User undertakes, by way of example but not limited to:
(a) prevent any other visitor from using the Platform, including, without limitation, by hacking or defacing any portion of the Platform;
(b) not engage in web scraping, understood as the use of software, automated tools or manual techniques to access, acquire, copy or monitor any part of the Platform or its contents. The prohibition of web scraping activities involves, inter alia, the collection of data, the extraction of information and the copying of content, in any form and by any means, without the prior written consent of the Company.
(c) not to use the Platform or the contents contained therein for illegal purposes;
(d) not to submit any data or information or otherwise transmit material through the Platform that is (i) protected by copyright, trade secret, or otherwise subject to any third party rights or intellectual property rights, including privacy and marketing rights, unless the User is the rightful owner of such rights or has the rightful owner's permission to send or transmit such data or information; (ii) is unlawful, fraudulent, abusive, or constitutes or encourages conduct that would be considered a criminal offense, or causes or may give rise to civil liability or violates any law, rule or regulation;
(e) not engage in spamming, flooding, phishing, or other activities intended to collect information illegally;
(f) not to transmit any software or other material that contains malicious code, including, but not limited to, virus, worms, trojan horses, etc.;
(g) not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any part of the Platform;
(h) not to use the Platform in any way and/or for any purpose that may adversely affect the interests of the Company;
(i) not to engage in any other conduct that limits or inhibits the use or enjoyment of the Platform by anyone or that may harm the Company or its customers and/or expose them to liability, or that in any case does not comply with the purposes for which the Platform is made available.
SECTION C – FINAL PROVISIONS
6. SUSPENSION OR LIMITATION OF USE OF THE PLATFORM
6.1 Without prejudice in any case to the specific provisions of these Terms & Conditions regarding the interruption and suspension of the Platform, the Company reserves the right to suspend or limit, temporarily or permanently, at any time the use of the Interview service and/or the Platform, of the related functions made available to Users, at any time, for any reason and without any obligation to give reasons or notice to the User.
6.2 The right referred to in Article 6.1 may be exercised, by way of example but not limited to, in the event that there is a suspicion of fraud or misuse, a reason related to the security and proper functioning of the computer systems used by the Company, as well as in the event that the Company has reason to believe that the User does not comply with the conditions and obligations provided for under these Terms & Conditions in order to take advantage of the Platform.
6.3 The User hereby waives the right to raise any objection or claim, including for damages, in relation to the decisions taken by the Company pursuant to this Article 6. 6.
7. REPRESENTATIONS AND WARRANTIES. ADDITIONAL OBLIGATIONS AND RESPONSIBILITIES OF THE USER
7.1 The User declares and warrants to the Company:
(a) to be aware of the characteristics of the Platform, which is provided by the Company as-is, in the version in force from time to time, without the Company providing any representation or warranty, implicit or explicit, in this regard;
(b) to accept all risks associated with the use of the Platform;
(c) that the stipulation of Terms & Conditions does not conflict with any provision of Applicable Law referring to the User.
8. LIMITATIONS OF LIABILITY. INDEMNITY CLAUSE
8.1 Except in cases of wilful misconduct or gross negligence, in no case may the Company be held liable for any damage, of a direct or indirect nature, suffered by the User in relation to the services provided pursuant to these Terms & Conditions.
8.2 Without prejudice to the provisions of Article 8.1 and the other provisions of these Terms & Conditions, the User hereby waives the right to make any complaint or claim, including for damages, against the Company, thus exempting the Company from any liability for losses, damages or expenses of any kind and keeping it indemnified and indemnified from any damage, expense, cost, loss, action, claim or other detrimental consequence, in connection with:
(a) errors, fraud or negligent conduct attributable, directly or indirectly, to the User or third party other than the Company; or
(b) any unauthorised use of the Platform attributable, directly or indirectly, to active or omissive conduct by the User or third parties other than the Company.
8.3 The User undertakes to indemnify and hold the Company harmless from any damage, cost, expense, claim, action or other detrimental consequence deriving from the failure to comply with the provisions of these Terms & Conditions, except in cases where such failure by the User is attributable to wilful misconduct or gross negligence on the part of the Company.
8.4 The Parties shall not be liable in any case for any conduct undertaken in order to comply with the laws and regulations in force from time to time, orders or measures of the authorities as well as in the event of unforeseeable circumstances or force majeure.
9. PROTECTION OF PERSONAL DATA
9.1 The Company will process the personal data provided by the User in compliance with the provisions of current legislation on the protection of personal data, and in particular EU Regulation 2016/679 ("GDPR") and Italian Legislative Decree 196/2003, as subsequently amended by Italian Legislative Decree 101/2018, in compliance with the provisions of the User Privacy Policy available at the following link: https://nexthire-ai.com/informativa-candidati/.
9.2 It is understood that in order to carry out certain activities, as better detailed in the privacy policy available at the following link https://nexthire-ai.com/informativa-candidati/, the Company will collect and process a series of personal data of the User on behalf of the Organization and on the basis of the instructions given by the same. With respect to such personal data, the Company acts as a data processor pursuant to Article 28 of the GDPR. The user is invited to read the Organization's privacy policy for more information on the processing of personal data.
10. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
10.1 The software, content, features and functionality (including but not limited to all information, text, display, images, video and audio, design, selection and related arrangements) of the Platform, such as text, graphics, logos, button icons, images, audio clips, video clips, are owned by or licensed to the Company and may be protected by copyright, trademark laws, patents, trade secrets, and other intellectual property or proprietary rights laws.
10.2 The Company's name, as well as the trade names, logos, service marks, trademarks, and trade dress on the Platform, content, and products are registered and unregistered trademarks of the Company.
10.3 The User acknowledges the exclusive ownership of all industrial and intellectual property rights relating to the Platform as well as any other graphic, audio and video content made available through the latter, know-how, trademarks and distinctive signs. It is therefore understood that the Company will also have the right to make changes to the Platform.
10.4 The User is prohibited from making modifications, reverse engineering, decoding, reproducing, republishing, downloading and copying, in whole or in part, the elements of the Platform. You may not use the Platform to develop and market, directly or indirectly, similar products or provide support for the development and marketing of similar products and/or services.
10.5 The compilation (i.e., collection, arrangement, and assembly) of all content on the Platform is the exclusive property of the Company and is protected by applicable copyright laws.
11. COMMUNICATIONS
11.1 Communications relating to these Terms & Conditions must be sent to the following addresses:
MAFG S.r.l.
Via Caio Secondo Plinio 11
PEC: mafgsrl@pec.it
E-mail: info@nexthire-ai.com
11.2 The Company may change its contact details for sending communications by giving specific notice to the User through the Platform.
12. UNILATERAL MODIFICATION OF CONTRACTUAL PROVISIONS AND ECONOMIC CONDITIONS
12.1 The Company reserves the right to unilaterally modify the provisions of these Terms & Conditions and/or the applicable economic conditions by giving notice through an alert on the Platform, with at least 30 (thirty) days’ notice from the date on which such changes come into force. This right may be exercised, by way of example but not limited to, where such unilateral changes are appropriate or necessary in consideration, among other things, of any changes in the functionality or operating methods of the Platform and/or the Services, the costs incurred by the Company for the management of the Platform and/or the Services and the performance of other related activities.
13. MISCELLANEOUS PROVISIONS
13.1 If one or more provisions of these Terms & Conditions are or become invalid or ineffective in any respect under Applicable Law, such invalidity or ineffectiveness will not render the remaining provisions of the Terms & Conditions invalid or ineffective. To the extent possible and to the fullest extent permitted by Applicable Law, provisions held to be invalid or unenforceable shall be interpreted or replaced in such a manner as to reflect as closely as possible the contractual intent of the Parties.
13.2 Any advertising, links or other promotional documents on the Platform are purely indicative and cannot be considered in any way an integral and/or substantial part of these Terms & Conditions, nor derogate from them.
13.3 Any failure or delay by either Party in exercising any right or faculty arising from these Terms & Conditions shall not in any case result in the loss of such rights or powers. Any partial exercise of these rights or faculties will not preclude the further exercise of them.
13.4 The Company does not provide any guarantee to the User with reference to the regularity and continuity of the provision of the services provided through the Platform, which may be suspended, delayed or interrupted for reasons beyond the Company's control, not attributable to activities carried out by the latter and/or its employees, collaborators, by way of example but not limited to, (i) disaster, fire, explosion, flood, adverse weather conditions; (ii) breakdown, failure, or damage to any computer, communication, service, or system; (iii) political agitation, hostility, or terrorist act; (iv) government action, strike, boycott, embargo, riot; (v) the act of omission or intervention by a competent judicial, governmental, or regulatory authority (including, without limitation, the imposition of restrictions on investment, repatriation, or exchange control by any governmental authority); (vi) viruses, bombs, storms, or other harmful events; (vii) fraud or counterfeiting (by parties other than the Parties); (viii) the malfunction or interruption of communication systems; or (ix) any other cause, event or circumstance of any nature beyond the reasonable control of the Parties (collectively, the "Force Majeure Events"). No compensation for direct or indirect damages, no payment of penalties and no compensation will be due by the Company to the User for delays, suspensions or interruptions in the provision of the services provided through the Platform, if such events are determined by Force Majeure Events.
13.5 The Company shall have the right to use third-party providers at any time for the provision, in whole or in part, of the Services, including, but not limited to, for the purposes of managing, maintaining and offering the Platform, without any obligation or obligation to inform, obtain consent or provide reasons to the User.
14. APPLICABLE LAW AND JURISDICTION
14.1 These Terms & Conditions are subject to Italian law and must be interpreted in accordance with it. For anything not provided for in these Terms & Conditions, the Italian laws in force will be applicable.
14.2 It is in the Company's interest to resolve amicably any dispute that may arise during the use of the Platform. For this reason, we ask you, as a first step, to bring any issue to our attention by sending a complaint in writing to mafgsrl@pec.it.
14.3 If it is not possible to resolve the dispute amicably, the latter will be referred to the jurisdiction of the court of residence or domicile of the User.
14.4 If the User resides in a Member State of the European Union other than Italy, he/she may also access, for any dispute relating to the application, execution and interpretation of these General Terms & Conditions, the European Small Claims Procedure, pursuant to Regulation (EC) No. 861/2007 of the European Parliament and of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00.
14.5 The Company also informs the User that a European platform for online dispute resolution for consumers has been established (the "ODR Platform"). The ODR Platform can be consulted at the following address ec.europa.eu/consumers/odr. Through the ODR Platform, the User will be able to consult the list of ADR bodies and initiate an online dispute resolution procedure for the dispute in which he is involved.
