1. Purpose and Acceptance of the Terms
These General Terms of Use (hereinafter, the “Terms”) govern access to and use of the Mainder platform (hereinafter, the “Platform”), owned by Mainder. By signing the corresponding service agreement or by using the Platform, the Client fully acknowledges and accepts these Terms. Use of the Platform by the Client implies acceptance of all the clauses set forth below, so it is recommended to read them carefully before starting to use it.
2. User Registration and Access to the Platform
To access the Platform, Mainder will provide the Client with login credentials (username and password). These credentials are personal, confidential, and non-transferable, and the Client must ensure their security. Except in the case of a technical failure attributable to Mainder, the Client shall be responsible for any use of their credentials by third parties or for any activities carried out from their account. In case of suspected unauthorized access or use of the account, the Client must immediately notify Mainder so that the appropriate measures can be taken.
The Client is solely responsible for the security and confidentiality of their access credentials to the Mainder Platform, and Mainder shall be exempt from any liability for unauthorized access to the Platform or services arising from the Client’s failure to comply with this obligation. This obligation includes adopting necessary security measures to protect the credentials (e.g., not sharing them and using secure passwords). Mainder may, for security reasons, periodically require a password change or implement additional verification.
3. Proper Use of the Platform – Client Obligations
The Client agrees to use the Platform for its intended professional purpose (management of recruitment processes) and in accordance with applicable law and these Terms. In particular, the Client undertakes the following obligations and shall refrain from the following prohibited actions:
Provide truthful and lawful information:
Ensure that all data, content, and documentation uploaded to the Platform (e.g., job descriptions, candidate data, comments, etc.) are real, accurate, up to date, and that the Client has the right to use and share them. The Client shall not upload false, misleading information, or data that infringe the rights of third parties.
Confidentiality of data and privacy:
Process all personal data accessed through the Platform in accordance with data protection regulations. If the Client uploads personal data of candidates or other individuals, they represent that they have the consent of the data subjects for such processing and for its transfer to Mainder within the scope of the service.
Lawful and ethical use of the Platform:
Do not use the Platform for unlawful, illegal, or unauthorized purposes. In particular, it is prohibited to use the Platform to transmit, upload, or store content that is defamatory, offensive, violent, discriminatory, obscene, or that in any way violates the law, third-party rights, public order, or good morals.
Prohibition of spam and malicious activities:
The Client shall not use the Platform to send mass unsolicited communications (spam) or for unauthorized commercial prospecting. Likewise, the Client shall not attempt to access without authorization the functionalities, accounts, or systems of the Platform.
4. Intellectual and Industrial Property Rights
Mainder holds all intellectual and industrial property rights over the Platform and its components, including but not limited to: software, source code, interface design, database architecture, functionalities, trademarks, logos, trade names, domains, technical documentation, and proprietary content.
The Client is granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform during the term of their contract with Mainder, exclusively for carrying out their recruitment processes.
5. Confidentiality
Both parties agree to maintain the confidentiality of all non-public information to which they have access in the context of using the Platform. Confidential information includes all business-related, operational, personal data, trade secrets, know-how, candidate lists, client lists, strategies, or other content disclosed by one party to the other that is not publicly available.
6. Service Availability and Support
Mainder strives to ensure that the Platform is continuously available and operates in a stable and secure manner. However, the Client acknowledges that uninterrupted or error-free operation cannot be guaranteed at all times. Mainder may carry out scheduled maintenance work requiring temporary service suspension, making reasonable efforts to perform such tasks during low-usage hours and with prior notice to the Client whenever possible.
7. Limitation of Warranties and Liability of Mainder
The use of the Mainder Platform is at the Client’s own risk. While Mainder applies high standards of quality, security, and accuracy to its Platform, it is provided “as is” and “as available,” without any express or implied warranties of any kind regarding its performance or suitability for the Client’s specific objectives.
8. Service Suspension and Termination
Mainder reserves the right to temporarily suspend the Client’s access to the Platform or certain functionalities in case of misuse, security breaches, or violations of these Terms. Whenever possible, such suspension will be notified to the Client, indicating the reasons and estimated duration, and giving the opportunity to correct the situation if feasible.
9. Modifications to the Terms of Use
Mainder may modify or update these Terms in the future, for example, to adapt them to legislative changes, service improvements, or the incorporation of new functionalities. Any modification of the Terms will be communicated to the Client electronically (for example, via notification within the Platform, registered email, or a prominent notice on the website).
10. Final ProvisionsEntire Agreement:
These General Terms of Use, together with the specific commercial terms agreed with the Client and Mainder’s Privacy Policy, constitute the entire agreement between the parties regarding the use of the Platform.
Governing Law:
The relationship between Mainder and the Client shall be governed by the laws of Spain, unless mandatory consumer protection rules or other applicable laws provide otherwise.
Jurisdiction:
For the resolution of any dispute, controversy, or claim arising from the interpretation or execution of these Terms or from the use of the Platform, the parties expressly submit, waiving any other jurisdiction that may apply, to the Courts and Tribunals of the city of Barcelona (Spain).
