Terms of sale

Folynx service — “Recruiter Pro” subscription · Version 1.1 (draft) · 8 October 2026

1. Definitions

• “Folynx”, “we”: the operator of the Service identified above.
• “Service”: the Folynx online platform, which allows users to search, compare, save and contact creative professionals (design, video editing, motion design, illustration and digital art, and the sectors that will be added).
• “Customer”: the individual or legal entity, acting in a professional capacity, that subscribes to a Subscription.
• “User”: the individual authorized by the Customer to sign in to the Service.
• “Listed Professional”: a person whose profile appears in the Service.
• “Profile”: a Listed Professional's page (specialty, location, work, score, any public contact details).
• “Score”: the indicator automatically computed by Folynx to rank Profiles.
• “Subscription”: the paid “Recruiter Pro” plan described in article 5.

2. Purpose and scope

2.1. These terms of sale (the “Terms”) govern access to and use of the Service by Customers.

2.2. The Service is intended exclusively for professionals acting for the purposes of their business (recruitment, sourcing, finding contractors or collaborators). The Customer declares that it acts in that capacity. The Service is not intended for consumers.

2.3. The Customer accepts the Terms by creating its account or subscribing. This electronic acceptance is equivalent to a signature. Folynx's computer records are evidence between the parties.

2.4. The Terms prevail over any other terms of the Customer, including its general purchasing conditions. For personal data, the Privacy policy also applies.

3. Description of the Service

3.1. Features. The Service lets users choose a sector and then a specialty, view a ranking of Profiles, refine it (country, availability, displayed rate, badge, minimum score, verified profiles, contact email available), save Profiles to a personal list, and access, where available, links to portfolios and contact details made public by Listed Professionals.

3.2. Access without a Subscription. A visitor can run a search and get the number of matching Profiles and an anonymized preview (names and contact details masked). Access to full Profiles is reserved for subscribed Customers.

3.3. Changes. Folynx may change the Service: adding sectors, features or ranking criteria, or changing how they are presented. No particular feature is guaranteed over time.

3.4. Nature of the information. Profiles are built from publicly accessible information and, where applicable, confirmed or completed by Listed Professionals themselves. This information is provided for guidance: Folynx does not guarantee that it is complete, accurate or up to date, or that Listed Professionals are available. Some Profiles have no contact details.

3.5. The Score. The Score is an automated indicator, computed by fixed rules from public elements (peer recognition, awards given by professional juries, portfolio content, confirmation of the profile by the professional). It is neither a professional assessment, nor a recommendation, nor a certification of skills. The Customer remains solely responsible for its hiring or collaboration decisions and agrees not to base any decision on the Score alone.

3.6. “Verified” badge. This badge indicates that the Listed Professional confirmed their profile using a link sent to the address they made public. It is neither an identity check nor a check of degrees, references or skills.

3.7. Third-party content and services. Some images and videos shown are provided by Listed Professionals' websites or by official third-party video players. They remain the property of their owners. Folynx has no partnership with these third parties, does not claim their endorsement, and their own terms of use apply to their content.

3.8. Not a recruitment service. Folynx is neither a recruitment agency, nor an employer, nor a platform that forms contracts between parties. Folynx does not intervene in the relationship between the Customer and Listed Professionals and does not guarantee any reply or the conclusion of any contract.

4. Account

4.1. The Customer signs in with an email address and a password, or with a Google account, and confirms its email address. The Customer provides accurate, up-to-date information (professional email address) and keeps it up to date. Folynx may ask for any evidence of the professional nature of the use.

4.2. The account is personal [To confirm: one Subscription = one User]. Sharing credentials is prohibited. The Customer protects its credentials and informs Folynx without delay of any unauthorized use.

4.3. The Customer is responsible for any activity carried out from its account.

5. Subscription, price and payment

5.1. Offer. The “Recruiter Pro” Subscription gives access to all Profiles, available public contact details, the filterable ranking, verified profiles and the list of saved Profiles, at a price of 99 US dollars (USD) per month.

5.2. Taxes. Prices are exclusive of taxes. VAT, sales tax or any equivalent tax applicable depending on the country or State and the Customer's status is added where the law requires it. For business Customers established in the European Union, the United Kingdom or another country applying a reverse-charge mechanism, it applies upon communication of a valid VAT number. [To be validated: the company's tax obligations (sales tax, VAT)]

5.3. Payment. Payment is made by card through a secure payment provider [To confirm: provider]. Folynx does not keep any card number. The price is charged at subscription, then every month on the same date.

5.4. Failed payment. If a payment fails, Folynx reminds the Customer. If it is not corrected within seven (7) days, access to full Profiles is suspended, without prejudice to the sums due.

5.5. Invoices. Invoices are issued electronically and sent to the account's email address.

5.6. Price changes. Folynx may change the price of the Subscription with thirty (30) days' notice sent by email. The new price applies from the next renewal. A Customer who refuses it may cancel before it takes effect.

6. Term, renewal and cancellation

6.1. The Subscription is monthly, with no minimum commitment, and renews automatically every month.

6.2. The Customer may cancel at any time, from its account area [To complete: feature to be built before launch] or by email. Cancellation takes effect at the end of the current monthly period; access remains open until then.

6.3. Any monthly period that has started is due. No pro rata refund is made [To confirm].

6.4. Folynx may terminate the Subscription: (a) if the Customer breaches its obligations and does not remedy it eight (8) days after notice by email; (b) immediately and without notice in case of breach of article 8 or unlawful use of the Service.

6.5. At the end of the Subscription, access to full Profiles is closed. The Profiles saved by the Customer are kept for ninety (90) days and then deleted. The Customer complies with article 8.5.

7. No right of withdrawal

The Service is intended for professionals and the contract is directly related to their business activity: the Customer acknowledges that it is not a consumer and that no right of withdrawal or other consumer-protection rule applies. The Service is performed upon subscription. [Point to be validated: very small businesses]

8. Rules of use

8.1. Permitted use. The Customer uses the Service exclusively for its own recruitment, sourcing or collaboration needs with creative professionals.

8.2. Prohibitions. The Customer and its Users must not:

• extract, copy, harvest or collect the Service's data on a massive or automated basis (robot, script, harvesting, “scraping”), or reuse a substantial part of it;
• resell, sublicense, share or make available to third parties access to the Service or its data, or build a competing database;
• circumvent the masking of information, the technical limits or the access control of the Service;
• use the data for commercial solicitation unrelated to a job or project offer (advertising, selling products or services, mass messaging), for profiling for other purposes, or to resell it;
• use the data or Scores to train or improve artificial-intelligence systems;
• use the Service for discriminatory purposes or contrary to labor law;
• harass a Listed Professional, impersonate anyone, or infringe third-party rights;
• disrupt the Service or perform intrusion tests without prior written authorization.

8.3. Contacting Listed Professionals. The Customer only contacts a Listed Professional to offer them a project, collaboration or job related to their activity. It identifies itself clearly, states the purpose of its message, complies with applicable laws (electronic marketing, data protection, labor law) and obtains, where the law requires it, the necessary consents. It immediately stops any contact with a professional who asks it to.

8.4. Personal data obtained through the Service. Folynx is the controller of its database. As soon as the Customer saves or uses contact details or information from the Service in its own tools (recruitment software, CRM, mailbox), it becomes the controller of the processing it carries out. It is notably up to it to have a legal basis, to inform the people concerned within the legal deadlines, to respect their rights, to keep this data only as long as needed for its project, and to delete that of a professional who asks for it.

8.5. At the end of the Subscription, the Customer stops using the data extracted from the Service and deletes it from its tools, except for that of the professionals with whom it is actually in contact.

8.6. Folynx may immediately suspend an account in case of breach of this article, without prejudice to any other action.

8.7. Sanctions and export controls. The Customer declares that it is not subject to any economic or trade sanctions (including those administered by the U.S. Office of Foreign Assets Control (OFAC), the European Union or the United Nations), is not established in a country or territory subject to a comprehensive embargo, and undertakes not to use the Service in breach of these rules. Folynx may refuse or suspend access to comply with them.

9. Removal and availability of profiles

9.1. Any Listed Professional may ask at any time for the removal of their Profile and associated data. Folynx does so without delay, and keeps only the technical fingerprints needed to stop listing them. As a result, Profiles may disappear from the Service without notice. This gives no right to compensation or refund.

9.2. When a Profile is deleted, it automatically disappears from the lists of saved Profiles of all Customers.

10. Intellectual property

10.1. Folynx owns all rights in the Service: software, design, texts, trademarks (the “Folynx” name and logo), structure and content of the database (protected by copyright and, where applicable, by the database right recognized in the European Union), Scores and rankings.

10.2. Folynx grants the Customer, for the duration of the Subscription, a personal, non-exclusive, non-assignable and non-transferable right to use the Service in accordance with the Terms.

10.3. Works, images, videos, names and trademarks of third parties belong to their owners. Folynx does not copy them: they are displayed by link or through official players. The Customer must not reproduce or reuse them without their owner's permission.

10.4. Any rights holder who believes that content infringes their rights may report it to the address given in article 18. Folynx reviews the request and removes the content if necessary. This includes copyright infringement notices, including under the Digital Millennium Copyright Act (“DMCA”), which identify the work concerned, the page, the rights holder's contact details and a good-faith statement.

11. Availability and support

Folynx strives to keep the Service accessible continuously, with no guarantee of uninterrupted operation. Maintenance operations or incidents may temporarily suspend it. Support is provided by email [To complete: response time].

12. Warranties and liability

12.1. Folynx has an obligation of best efforts (a duty to use reasonable care).

12.2. Public data is provided as is, without warranty (article 3.4). Apart from the warranties expressly set out in the Terms, the Service is provided “as is” and “as available”, and Folynx excludes, to the extent permitted by law, any implied warranty, including of merchantability, fitness for a particular purpose and non-infringement.

12.3. Folynx is not liable for the Customer's decisions, for the content or behavior of Listed Professionals, for the unavailability of third-party services, or for indirect damages (loss of revenue, opportunity or customers, damage to reputation).

12.4. Folynx's total liability under the contract is limited to the sums actually paid by the Customer during the twelve (12) months preceding the event giving rise to liability [To be validated].

12.5. These limitations do not apply in case of fraud, willful misconduct or gross negligence, death or personal injury, or where applicable law prohibits them.

12.6. The Customer indemnifies Folynx against any third-party claim resulting from its breach of the Terms or of the law, in particular of article 8.

13. Personal data

The processing of personal data of Customers, Users and Listed Professionals is described in the Privacy policy. Each party complies with the applicable data-protection rules (in particular Regulation (EU) 2016/679, “GDPR”, and, where they apply, US state laws).

14. Force majeure

Neither party is liable for a failure caused by an event beyond its reasonable control (natural disaster, network or hosting failure, cyberattack, decision of an authority, labor dispute, etc.). If the event lasts more than thirty (30) days, either party may terminate the contract without compensation.

15. Changes to these terms

Folynx may change the Terms. For existing Customers, changes are notified by email at least thirty (30) days before they take effect. A Customer who refuses them may cancel before that date; otherwise, continued use means acceptance.

16. General provisions

• Entire agreement: the Terms and the Privacy policy are the entire agreement between the parties.
• Severability: if a clause is invalid, the others remain applicable.
• No waiver: failing to exercise a right is not a waiver.
• Assignment: Folynx may assign the contract to any entity that takes over its business. The Customer may not assign it without Folynx's written consent.
• Language: the Terms are drafted in English, which is the only authentic version. Any translation (for example by your browser) is provided for convenience only.

17. Governing law and disputes

The Terms are governed by the law of the State of Wyoming (United States), excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. Mandatory rules from which a Customer may benefit under the law of its country, to the extent they cannot be excluded by contract, remain applicable.

In case of dispute, the parties first seek an amicable solution for thirty (30) days from notification of the dispute. Failing that, the courts of the State of Wyoming and the federal courts sitting in Cheyenne (Laramie County) have exclusive jurisdiction. [To be validated: choice of law and court; arbitration is a possible alternative]

18. Contact

For any question about the Terms, to cancel, or to report content: [To complete: email address].