Terms and Conditions of Use and Sale

1. Definitions

• "Cobalt" or "Service" : the SaaS platform accessible at www.cobalt-ia.com, including all its features (enrichment, AI agents, projects, sequences, conversations, meetings, document generation)
• "We", "Our" : SKILLFORGE APP, SAS with capital of 1,000 euros, SIREN 993 554 203, whose registered office is located at 2 Rue des Commères, 78310 Coignières, France
• "You", "User", "Client" : any natural or legal person who creates an account and uses the Service
• "Account" : the personal space created by the User to access the Service
• "Subscription" : the pricing plan subscribed to by the Client to access the Service
• "Credits" : consumption units used for certain Service features (enrichment, AI, etc.)
• "User Content" : all data, information and content that you import, create or store via the Service

2. Service Overview

2.1 Description

Cobalt is an AI-first ATS (Applicant Tracking System) and CRM designed for recruitment professionals. The Service notably allows you to:

• Enrichment : retrieve professional contact details (email, phone) of prospects and candidates
• AI Agents : search and identify relevant candidates via artificial intelligence
• Projects : organize client and candidate contacts by assignment
• Sequences : launch automated multi-channel prospecting campaigns
• Conversations : manage responses and schedule interviews
• Meetings and Calls : automatically transcribe and extract key information
• Document Generation : create professional candidate files

2.2 Target Audience

The Service is intended exclusively for professionals (B2B): IT consulting firms, recruitment agencies, internal HR departments. By using the Service, you declare that you are acting in the course of your professional activity.

2.3 Service Evolution

We reserve the right to evolve the Service features at any time. Major changes that would significantly reduce the features of your Subscription will be notified to you with reasonable notice.

3. Account Creation and Access

3.1 Registration

To use the Service, you must create an Account by providing accurate and complete information. You agree to keep this information up to date.

3.2 Account Security

You are responsible for the confidentiality of your login credentials and all activities performed from your Account. You agree to immediately notify us of any unauthorized use of your Account at: security@cobalt-ia.com

3.3 One Account Per Person

Each Account is personal. Sharing credentials between multiple people is prohibited, except in the context of a multi-user Subscription.

4. Subscriptions and Pricing

4.1 Subscription Plans

The prices below are indicated per user, per month:

4.2 Enrichment Credits

Contact enrichment consumes Credits depending on the data type:

Additional credit packs (per organization, rolling 3 months):

• Pack S: 1,000 credits for €49 (€0.049/credit)
• Pack M: 3,000 credits for €99 (€0.033/credit)
• Pack L: 8,000 credits for €199 (€0.025/credit)
• Pack XL: 25,000 credits for €499 (€0.020/credit)

4.3 Add-ons

Certain features are available as add-ons (per user, per month):

• VoIP Calling: €20/user/month (included in Copilot and Enterprise plans)
• AI Screening: €49/user/month (included in Copilot and Enterprise plans)

4.4 Plan Changes and Additional Licenses

The Client may upgrade their Subscription at any time. The change takes effect immediately and the price is adjusted pro rata for the remaining period. Downgrades take effect at the end of the current billing period. Any additional user license is billed at the current unit rate, pro rata for the remaining period. Adding licenses does not require an amendment to the Specific Conditions.

4.5 Prices and Taxes

All prices are indicated in euros, excluding taxes. Applicable VAT will be added in accordance with current regulations.

5. Payment and Billing

5.1 Payment Methods

Payments are processed securely by our provider Stripe. We accept credit cards (Visa, Mastercard, American Express) and SEPA direct debit.

5.2 Recurring Billing

The Subscription is billed on a recurring basis (monthly or annual according to your choice) on the anniversary date of your subscription. By subscribing to a Subscription, you authorize Cobalt to automatically charge the amounts due.

5.3 Invoices

An invoice is issued and sent by email for each payment. Your invoices are also accessible from your client area.

5.4 Late Payment

In case of payment failure, we will notify you and you will have a period of 7 days to regularize the situation. After this period, we reserve the right to suspend your access to the Service until regularization. In accordance with Articles L441-10 et seq. of the French Commercial Code, any late payment automatically incurs late payment penalties calculated at the interest rate applied by the European Central Bank (ECB) to its most recent refinancing operation, plus 10 percentage points, as well as a fixed indemnity of €40 for recovery costs.

5.5 Dispute

Any invoice dispute must be notified in writing within 30 days of the invoice date.

5.6 Price Indexation

Prices are subject to annual indexation on January 1st, according to the Syntec index: P = P0 × (S/S0). The first revision may not take place until after twelve (12) full months of Contract performance. If the Syntec index is no longer published, the Parties shall agree on a replacement index. Failing agreement, jurisdiction is given to the President of the Commercial Court of Versailles.

6. Termination

6.1 Termination by Client

You may terminate your Subscription at any time from your client area or by contacting us at billing@cobalt-ia.com. The Specific Conditions may provide for specific termination conditions (commitment period, notice period) that prevail over these Terms and Conditions.

• Termination takes effect at the end of the current billing period
• You retain access to the Service until that date
• No refund is made for the remaining period, except for legal provisions to the contrary

6.2 Termination by Cobalt

We may terminate or suspend your access to the Service, with or without notice, in the following cases: • Violation of these Terms and Conditions • Fraudulent or abusive use of the Service • Non-payment after unsuccessful formal notice • Behavior harmful to Cobalt, its users or third parties

6.3 Effects of Termination

Upon termination of your Subscription:

• Your access to paid features is immediately suspended
• You have a period of 30 days to export your data via the features provided for this purpose
• After this period, your data may be deleted in accordance with our Privacy Policy

7. Refund Policy

7.1 Paid Subscriptions

Given the nature of the Service (immediate access to a digital platform), Subscriptions are not refundable once the billing period has started, except: • Manifest billing error on our part • Major Service malfunction making its use impossible for more than 72 consecutive hours • Exercise of the right of withdrawal under legal conditions (if applicable)

7.2 Right of Withdrawal

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply to contracts for the supply of digital content not provided on a material medium whose execution has begun with the consumer's consent. By creating an account and starting to use the Service, you acknowledge that the execution of the Service has begun and you expressly waive your right of withdrawal.

8. Acceptable Use

8.1 User Commitments

By using the Service, you agree to:

• Comply with all applicable laws and regulations, including GDPR
• Use the Service only in a legitimate professional context
• Not use the Service to send unsolicited communications (spam)
• Respect the rights of third parties, particularly regarding personal data
• Not attempt to circumvent security measures or Service limitations

8.2 Prohibited Uses

It is strictly prohibited to: • Use the Service for illegal or fraudulent purposes • Collect personal data in a manner non-compliant with GDPR • Harass, threaten or harm third parties via the Service • Resell, sublicense or make the Service available to third parties without authorization • Attempt to access Cobalt's or other users' systems or data • Use robots, scrapers or other automated means to extract data from the Service (except via our official APIs) • Introduce viruses, malware or any malicious code • Intentionally overload the Service infrastructure

8.3 Usage Limits

Certain features may be subject to usage limits (number of contacts, email volume, API calls, etc.). These limits are defined according to your Subscription and indicated in your client area.

8.4 GDPR Compliance

You are responsible for GDPR compliance of your own data processing performed via the Service. In particular, you must:

• Have a legal basis for processing candidate and prospect data
• Inform data subjects in accordance with GDPR requirements
• Respect data subject rights (access, rectification, erasure, etc.)
• Not use the Service to process sensitive data within the meaning of Article 9 of the GDPR without appropriate safeguards

9. Intellectual Property

9.1 Cobalt Rights

The Service, including its source code, design, features, trademarks and logos, is the exclusive property of SKILLFORGE APP or its licensors. No provision of these Terms and Conditions transfers to you any intellectual property rights over the Service.

9.2 License of Use

You only benefit from a personal, non-exclusive and non-transferable right to use the Service, within the framework and for the duration of your Subscription.

9.3 Your Content

You retain all rights to the User Content that you import or create via the Service. You grant us a limited license to host, store, display and process this content solely for the purpose of providing you with the Service.

9.4 Feedback

If you provide us with suggestions, improvement ideas or feedback on the Service, you grant us the right to use these elements freely, without compensation or obligation.

10. Data and Confidentiality

10.1 Personal Data

The processing of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms and Conditions.

10.2 Processor Role

When you use Cobalt to process candidate or prospect data, we act as a processor within the meaning of Article 28 of the GDPR. You remain the data controller of this data.

10.3 Data Processing Agreement (DPA)

A Data Processing Agreement (DPA) is available upon request at: privacy@cobalt-ia.com

10.4 Security

We implement appropriate technical and organizational measures to protect your data against any unauthorized access, loss or alteration. These measures are detailed in our Privacy Policy.

10.5 Portability and Export

You can export your data at any time via the features provided in the Service. In case of termination, you have a period of 30 days to proceed with this export.

11. Availability and Support

11.1 Availability

We strive to ensure 24/7 Service availability, with a target availability of 99.5% on a monthly basis (excluding planned maintenance). Planned maintenance that may impact the Service will be announced with reasonable notice. However, we do not guarantee uninterrupted availability and cannot be held responsible in case of temporary unavailability due to:

• Maintenance operations (planned or emergency)
• Failures of our technical providers
• Force majeure events

11.2 Support

Customer support is accessible by email at: support@cobalt-ia.com Support response times and levels may vary according to your Subscription.

12. Limitation of Liability

12.1 Warranty Exclusion

The Service is provided "as is" and "as available". Within the limits permitted by law, we exclude all warranties, express or implied, in particular concerning:

• The suitability of the Service for your specific needs
• The accuracy or completeness of data obtained via enrichment
• The absence of interruption or errors

12.2 Limitation of Liability

Within the limits permitted by applicable law, Cobalt's total liability under these Terms and Conditions is limited to the total amount you have paid us during the 12 months preceding the event giving rise to liability.

12.3 Enrichment Data

In no event shall Cobalt be liable for:

• Indirect, incidental, special or consequential damages
• Loss of profits, revenue, data or business opportunities
• Damages resulting from the use or inability to use the Service
• Damages resulting from third-party actions

Contact data provided by our enrichment services comes from third-party sources. Although we strive to provide accurate data, we cannot guarantee 100% accuracy. You are responsible for verifying data before use.

13. Indemnification

You agree to defend, indemnify and hold Cobalt harmless from any claim, damage, cost and expense (including reasonable attorney fees) resulting from:

• Your violation of these Terms and Conditions
• Your use of the Service
• Your violation of a third party's rights
• Your violation of any applicable law or regulation

14. Modifications to Terms and Conditions

We may modify these Terms and Conditions at any time. In case of substantial modification:

• We will inform you by email or via a notification in the Service at least 30 days before they take effect
• If you do not accept the new terms, you may terminate your Subscription before they take effect

Your continued use of the Service after the modifications take effect constitutes acceptance of the new Terms and Conditions.

15. General Provisions

15.1 Entire Agreement

These Terms and Conditions, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and Cobalt regarding the Service.

15.2 Severability

If a provision of these Terms and Conditions is found to be invalid or unenforceable, the other provisions will remain in full force and effect.

15.3 Waiver

Cobalt's failure to exercise a right provided for in these Terms and Conditions does not constitute a waiver of that right.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent. We may freely assign our rights and obligations.

15.5 Force Majeure

No party will be responsible for a failure to perform its obligations caused by a force majeure event (natural disaster, war, pandemic, strike, major technical failure, etc.).

15.6 Contractual Document Hierarchy

The contractual relationship is governed, in decreasing order of priority: (i) the Specific Conditions and their annexes, (ii) these Terms and Conditions, (iii) the Privacy Policy. In case of contradiction between documents of the same rank, the most recent shall prevail.

15.7 Electronic Signature

Contractual documents may be signed electronically in accordance with Articles 1366 et seq. of the French Civil Code, using the YouSign provider. The electronic signature has the same legal value as a handwritten signature.

16. Applicable Law and Jurisdiction

These Terms and Conditions are governed by French law.

Any dispute relating to the interpretation or execution of these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Versailles, except for mandatory legal provisions to the contrary.

Before any legal action, the parties undertake to seek an amicable solution. Any claim must be addressed in writing to: legal@cobalt-ia.com

17. Contact

For any questions regarding these Terms and Conditions:

SKILLFORGE APP 2 Rue des Commères 78310 Coignières, France

• Email : legal@cobalt-ia.com
• Support : support@cobalt-ia.com
• Billing : billing@cobalt-ia.com

By using Cobalt, you acknowledge that you have read, understood and accepted these Terms and Conditions of Use and Sale.