Malt Community Terms and Conditions

These Terms and Conditions (the "T&Cs") come into force as of April 16, 2026, and apply:

(i) to any new User who has created an Account on the Marketplace from April 16, 2026, (ii) to any User already registered on the Marketplace and benefiting from the "UP" services offered by Malt.

The relationship between Malt and Users already registered on the Marketplace as of April 16, 2026, and benefiting from "Direct" services continues to be governed by the previous Malt general terms and conditions dated July 31, 2025.

These T&Cs  govern the relationship between:

Malt Community, a public limited company, registered with the Paris Trade and Companies Register under number 791 354 871, with its registered office at 18 rue Godot de Mauroy, 75009 Paris, or any company within the Malt Group in accordance with the provisions of Appendix 1 (“Malt”).

And

Any natural or legal person wishing to access the Marketplace and benefit from the Services offered by Malt (the “User”).

1. PREAMBLE 

Malt operates a website accessible at the address specified in Appendix 1 (the “Marketplace”), dedicated to connecting Freelancers and Clients, the use of which is governed by these Terms of Use.

2. DEFINITIONS

Review: the mutual assessment provided by a User (Client or Freelancer) at the end of the Project, expressed as a rating of 1 to 5 stars and a comment, if any.

T&Cs or Terms of Use: these terms and conditions of use, including links to other documents or contracts, which form an integral part of these terms.

Client: any natural or legal person using the Marketplace to commission a Freelancer to carry out a Project. 

Account: the account created on the Marketplace by the User upon registration on the Marketplace.

Activity Report: the document, accessible on the Marketplace, which the Freelancer is required to complete at the end of or during a Project, in order to report on the progress of the services they are providing for the Client. 

Project Conditions (“PCs”): the general terms and conditions governing the conditions under which Malt provides the Services to Users, which Users accept upon acceptance of the Quote. 

Content: any comments, messages or information of any kind (text, images, videos, photographs, comments, trademarks, company names, etc.), stored on the Marketplace at a User’s request.

Quote: the commercial offer drawn up by the Freelancer on the Marketplace in response to a Project.

Service Fees: the amount payable by the User in return for the provision of the Services. Unless otherwise provided, the PCs expressly set out the methods for calculating Client Service Fees and Freelancer Service Fees, namely the amount of commission payable by Freelancers to Malt, subject to the exceptions provided for in Appendix 5  

Freelancer: any natural or legal person offering to carry out a Project via the Marketplace, in accordance with the definitions set out in Appendix 3. 

Applicable Legislation: all legislative and regulatory provisions in force, including any text, decision or recommendation that may clarify the terms of application of these provisions, which the User is required to comply with in the context of the performance of these Terms of Use and for the completion of the Project.

Invoicing Agreement: the invoicing agreement entered into between the Freelancer and Malt.

Marketplace: the website operated by Malt, the address of which is set out in Appendix 1.

Financial Partner: the companies through which invoices relating to Projects may benefit from a financing solution, subject to eligibility.

Project Price: the pre-tax amount agreed in the Quote for the completion of the Project. 

Project: the service described in the Quote and carried out by a Freelancer. 

Recommendation: a testimonial from another User attesting to the Freelancer’s professional qualities and skills.

Service(s): the services provided by Malt to a User.

User(s): the Freelancers and Clients registered on the Marketplace.

Validation: the Client confirming the accuracy of the content of an Activity Report. 

3. PURPOSE OF THE T&Cs AND ACCEPTANCE BY THE USER

Purpose. The purpose of the T&Cs is to define (i) the conditions under which Malt provides Users with access to the Marketplace, as well as (ii) the terms and conditions governing access to, consultation of and use of the Marketplace. 

Acceptance and enforceability. When creating an Account, the User expressly and unreservedly accepts these T&Cs by ticking the relevant box. In doing so, they confirm that they have read these T&Cs and the links to documents or contracts that form an integral part of these T&Cs. 

More generally, any person who accesses, views or uses the Marketplace expressly acknowledges that they are bound by these T&Cs. 

4. CREATING A USER ACCOUNT

   4.1 Creating a Freelancer Account

To create an Account and thereby access the Services, the Freelancer must: 

• Be of legal age and, more generally, have the capacity to carry out the desired professional activity, in accordance with the rules applicable in the country in which they are registered.

• Provide at least the following information: (i) surname, first name, email address, telephone number and, where applicable, details of the business name; (ii) their education and professional experience; (iii) their average daily rate; (iv) their key skills. 

• Accept the Terms of Use in accordance with the provisions of Article 1, as well as Malt’s Privacy Policy.

Malt refers Freelancers to Malt’s Privacy Policy for further information regarding the data that may be collected when creating an Account. 

In accordance with applicable regulations, Malt may make the registration or maintenance of the Freelancer’s Account subject to an identity verification procedure. 

Once the Account is created, the information provided and the Freelancer's profile are publicly visible, including to non-Users outside the Platform.

4.2 Creating a Client Account

To create an Account and thereby access the Services, the Client must: 

• Have the legal capacity, or where applicable the legal age for a natural person, to carry out the desired professional activity, in accordance with the rules applicable in the country in which they are registered. 

• Provide the following information: (i) company name or personal details if a natural person, company size, team category (sales, HR, IT, etc.); (ii) where applicable, a link to the Client’s website, sector of activity, line of business; (iii) registration number, intra-Community VAT number; (iv) surname, first name and email address of the Account administrator; (v) where applicable, their date of birth and gender; (vi) telephone number.

• Accept the Terms of Use in accordance with the provisions of Article 1, as well as Malt’s.

Malt refers Clients to Malt’s Privacy Policy for further information regarding the data that may be collected in connection with the creation of an Account. 

5. DESCRIPTION OF THE MARKETPLACE’S FEATURES 

   5.1 Features accessible to all Users 

From their Accounts, Users have access to the entire Marketplace, where they can, in particular: 

• Carry out searches. 

• View Freelancers’ profiles. 

• Track all their activity on the Marketplace. 

• Post Reviews and Recommendations about other Users. 

5.2 Features available to Freelancers 

Freelancers have access to dedicated features, which allow them to: 

• Create, complete and update their profile. 

• Submit documents proving that they are in compliance with their reporting and registration obligations (access to this feature varies depending on the Freelancer’s country of residence). 

• View and respond to project proposals. 

• Access the secure messaging system to communicate with Clients or Malt. 

• Edit and issue Quotes. 

• Track and update the progress of the Projects entrusted to them. 

• Complete their Activity Report. 

• Automatically generate invoices via the invoicing mandate entrusted to Malt, in accordance with the Terms of Use or any other contract that takes precedence over the Terms of Use .

• Access a dashboard to track their payments and, where applicable, their funding from a Financial Partner. 

• Receive payment for completed Projects.

• Configure the Account to link a legal entity Freelancer with several individual Freelancers. 

• Access a resource centre.

• Access a help centre. 

• Contact Malt’s support team, whose contact details are provided in Appendix 4. 

.3 Features available to Clients 

Clients have access to dedicated features, which allow them to: 

• Create, complete and update their profile.

• Configure Account access rights to authorise the use of the Account by the Client’s employees by entering their work email addresses and defining the relevant permissions, for example, regarding the approval of Quotes.

• Set their preferred currency.

• Submit documents certifying that they are in compliance with their reporting and registration obligations (access to this feature varies depending on the Client’s country of establishment). 

• Access tools for searching for Freelancers.

• Propose a Project to one or more Freelancers. 

• Post a Project to be contacted by Freelancers. 

• Access the secure messaging system to communicate with Freelancers. 

• View and accept Quotes.

• Import and configure their own contractual documents. 

• Track the progress of Projects they have assigned to Freelancers.

• Configure the features of the Activity Reports for each Project, choosing between a simple report (indicating Project completion) or a detailed report (a detailed breakdown of hours or days worked by Freelancers, by day and over a calendar month). 

• Approve Activity Reports. 

• Make an interim payment for Projects, where applicable via Malt’s payment providers. 

• Proceed with the settlement of Projects, where applicable via Malt’s payment providers. 

• Centralise all invoices sent via the Marketplace and track their payments. 

• Set up alerts and implement internal management rules. 

• Access a resource centre.

• Access a help centre. 

• Contact Malt’s support team, whose contact details are provided in Appendix 4. 

5.4 Artificial intelligence-based features 

The User is informed and agrees that, in order to improve the performance, accuracy and relevance of the Services, the data they generate or submit (including, where applicable, non-personal usage data and pseudonymised or anonymised data) may be used for the training, validation and improvement of Malt’s internal machine learning models. 

5.5 Level of service

Malt shall use all reasonable efforts to ensure access to and the proper functioning of the Marketplace and the Services 24 hours a day, 7 days a week.

Malt reserves the right, without prior notice or compensation, to temporarily or permanently close the Marketplace and/or access to one or more features or Services in order, in particular, to carry out updates, modifications or changes to operational methods, servers and hours of availability.

Malt reserves the right to make any modifications, improvements and maintenance to the Marketplace and the accessible features that it deems necessary or useful. 

Malt undertakes to use its best endeavours to minimise any interruptions for which it is responsible.

6. USE OF PAYMENT AND PRE-FINANCING SYSTEMS 

   6.1 Payment system

   6.1.1 Payment service provider 

The management of financial flows on the Marketplace may be handled by service providers, including Mangopay S.A. (an electronic money institution authorised in Luxembourg, RCS No. B173459). 

In this context, the Users concerned enter into a contract directly with Mangopay and accept its terms and conditions of use (available here). 

For any questions regarding data processed by Mangopay: [email protected].

6.1.2 Default payment method

Funding requirement: Upon validation of the Quote, the Client must fund the Project Price and Client Service Fees into their Account with the payment service provider.

Start of the Project: The Freelancer must not commence their Project until they have received notification confirming that the funds have been deposited. 

Any early commencement is at the Freelancer’s own risk, and the Freelancer waives any right of recourse against Malt in the event of non-payment by the Client.

Irrevocability: The Client shall not request the cancellation or refund of funds deposited during the execution of the Project.

6.1.3 Special payment terms 

Notwithstanding the foregoing, Clients meeting eligibility criteria, in particular following an assessment of their creditworthiness and financial situation by the Financial Partners, are exempt from funding the Project Price and Service Fees and are authorised to settle invoices in accordance with the agreed alternative payment terms. This exceptional arrangement is also subject to there being no ongoing disputes between the Clients, Malt and the Freelancers, as well as compliance with the applicable payment deadlines.  

6.2 Advance payment system

In the context of Projects, the Freelancer may, subject to their level of services, eligibility criteria and funding by the Financial Partners, benefit from advance payment of their invoices, the terms of which depend on the Financial Partner. 

Access to financing is subject, at the time of registration, Project Validation, and each time a new Quote or invoice is issued, to the fulfilment of the following cumulative conditions: 

• For the Freelancer: all legal documents provided must be up to date, and there must be no ongoing dispute between the Freelancer and the Client and/or Malt. 

• For the Client: assessment of their creditworthiness and financial situation by the Financial Partners; no ongoing disputes between the Client and a Freelancer and/or Malt; assessment of compliance with applicable payment terms and the completeness of the information provided in the Account.

Eligible Users may lose access to the advance payment service in the event of late payment of invoices or prolonged inactivity on their Account.

By accepting these Terms of Use, the User wishing to benefit from advance financing expressly acknowledges and accepts the applicable Financial Partner’s terms and conditions set out in Appendix 6, which specify, in particular, the financing method selected based on the Freelancer’s country of registration, and which are binding on the User. 

Users wishing to benefit from a Project invoice financing service undertake to sign any necessary documents enabling invoices to be submitted to the Financial Partners for the purposes of financing. In this context, the User acknowledges and accepts that Malt reserves the right to charge for access to the Project invoice financing service. 

Financial Partners may request additional documents from Users, such as documents required to carry out their customer verification procedures, to which Users consent by using the financing service.

Furthermore, as part of their business, Financial Partners may contact Users in the event of difficulties relating to the financing of the invoice, as described in their respective privacy policies. 

7. USERS’ OBLIGATIONS 

   7.1 Framework applicable to all Users

When creating their Account, and throughout their use of the Marketplace, Users undertake to: 

• Professional context. Use the Marketplace strictly for professional purposes and, in this capacity, provide accurate,  up to date and truthful information. 

• Formalities. Complete all declarations and formalities necessary for their business, as well as fulfil all their tax, social security and administrative obligations (including professional body obligations) and all specific obligations incumbent upon them under the legislation to which they are subject. 

• Updates. To update their legal or financial information on the Marketplace immediately in the event of any changes.

• Fairness. To use the Marketplace fairly and to act at all times in good faith towards Malt and other Users. 

• Use of the Account. Use of an Account is exclusively reserved for persons authorised by the Users, whether such authorisation stems from settings configured on the Account or from business practice. Users therefore undertake to ensure that all natural persons using the Account have the necessary powers to bind it contractually and financially. Consequently, any login or transaction carried out using the User’s login details is deemed to have been performed by a duly authorised person. 

• Contractual obligations. To comply with the T&Cs, the Project Conditions and, more generally, all obligations that may be imposed on them under the agreements entered into, including with Financial Partners. 

• Legal obligations. To comply with Applicable Legislation and, in particular, the rules relating to regulated professions. In this regard, each User must verify that (i) the publication of a Project or (ii) the Content of a User Account complies with the requirements of regulated activities. Furthermore, each User must ensure, prior to the execution of a Project, that the services envisaged are not such as to infringe any legislation in force.

• Illegal Content. Ensure the User  does not store or publish any illegal or unlawful Content of any kind. 

• Third-party rights. Ensure that the User  does not infringe the rights of third parties, in particular by ensuring compliance with intellectual property rights, image rights and the privacy of any third party, including those of other Users.

• IT security. Ensure compliance with best practice and the highest standards applicable to their field of expertise, as well as those of a knowledgeable professional, regarding the conduct to be adopted in order to safeguard the IT security of each User and of Malt, in particular to prevent the introduction of malicious software and/or security breaches, thereby helping to combat fraud or cyber-fraud. For example: 

• Password and Account access. Access to the User’s Account is protected by a username and a strong password (sufficiently long, complex and random) of at least 8 characters, containing lower-case letters, upper-case letters and special characters, chosen by the User when creating the Account. This password must be different from that used for other accounts, and must be changed regularly and stored securely. The User is solely responsible for the safekeeping and confidentiality of their login details. They undertake to take appropriate measures to protect the data stored in the Marketplace from any misuse and/or unauthorised access by any means whatsoever, including unauthorised access using login details or passwords. 

• Secure messaging. The User must never click on a link and/or attachment that appears suspicious; in the event of suspicion, the User must carry out preliminary and further checks on the address to which the link leads in order to assess its legitimacy, and notify Malt in case of doubt.

• Security incident. Notify Malt of any security incident affecting their information system as soon as possible and no later than within forty-eight (48) hours, and take all necessary measures to rectify the identified vulnerabilities and prevent any further damage that may result. 

• Ethics and Compliance. The provision of the Services and the use of the Marketplace are based on a set of values and principles as set out in the Code of Conduct, which the User accepts and undertakes to comply with. 

In this regard, the User undertakes to comply with the Applicable Legislation relating to their activities and, in particular, in connection with the use of the Marketplace and the Services:

• Applicable Legislation on combating corruption and influence peddling, including in particular the French Criminal Code, Law No. 2016-1691 of 9 December 2016 on transparency, the fight against corruption and the modernisation of economic life (known as the ‘Sapin 2 Law’), the US Foreign Corrupt Practices Act, the UK Bribery Act, and any other anti-corruption legislation or regulations applicable in connection with the use of the Marketplace and the Services;

• Applicable Legislation relating to international economic sanctions (hereinafter “Economic Sanctions”), including in particular embargoes, programmes and measures involving prohibitions and/or restrictions against certain countries, individuals or entities, where applicable, enacted notably by the United Nations, the European Union, its Member States or the United States.

The User further represents and warrants that neither they nor their beneficial owners are subject to Economic Sanctions or asset freezing measures. They are acting for their own benefit and have not facilitated the false justification of the origin of property or income derived from an offence. 

Furthermore, by creating an Account, the User expressly authorises Malt to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display such public Content on the Marketplace, social media platforms, blogs operated by Malt and/or on any other media (including physical and digital media, press kits, commercial materials, promotional and/or advertising materials) by any means, for the purposes of operating, improving, promoting, marketing and advertising the Services and the Marketplace, or for the purposes of establishing partnerships. This authorisation is valid worldwide and for the entire duration of the User’s registration.

The User acknowledges that any use of their Content by Malt prior to their unsubscription, deletion or termination of their Account cannot be challenged.

Any User who publishes Content on the Marketplace retains full ownership of that Content. 

7.2 Obligations applicable to Freelancers

In addition to the above obligations, Freelancers undertake not to subcontract the performance of a Project unless expressly authorised to do so.

7.3 Obligations applicable to Clients 

In addition to the above obligations, Clients undertake not to use the Marketplace to promote, directly or indirectly, their own business or that of a third party and, in particular, not to send advertising messages to Users or to solicit them.

Furthermore, the Clients grant Malt a non-exclusive and revocable license to use their logo and screenshots of their website for the sole purpose of promoting Malt's services and highlighting the success of the collaboration between Malt and the Clients, for a period of 5 years from the end of the last Project entrusted to a Freelancer through the Marketplace. Before any use of the Clients' logo or screenshots, Malt must submit the intended use (including visual elements and accompanying text) for the Clients' prior written approval.

The Clients agree to testify, at their sole discretion and upon Malt's request, regarding their experience using Malt. The Clients reserve the right to refuse to provide such testimony. If a testimony is provided, Malt must obtain the Clients' prior written approval regarding the final content before any use, including editing or paraphrasing. The Clients reserve the right to withdraw their testimony at any time, subject to written notice to Malt.

The Clients agree to collaborate in good faith with Malt to create a case study highlighting the Clients' use of Malt and its achievements. The scope of the collaboration, including the level of detail, the information to be shared, and the interview process, will be subject to a mutual written agreement between the Parties.

In the context of executing this clause, the Clients shall not unreasonably withhold or delay their consent. Malt may, in good faith, consider that the absence of a written objection from the Clients within 5 (five) business days following Malt's written request for agreement constitutes agreement.

8. MARKETPLACE MATCHING PROCEDURES

The Marketplace is a networking platform whose algorithm aims to establish the most relevant match between a Freelancer’s skills and a Client’s specific needs.

The display of Freelancers’ profiles on the Marketplace depends on several factors. The following criteria are taken into account by Malt’s algorithm: (i) the completeness of the Freelancer’s profile; (ii) the Project criteria defined by a Client; (iii) the Freelancer’s activity on the Marketplace. You will find further information on the factors taken into account by our algorithm in the listing and moderation policy.

Users are invited to contact Malt at the following address: [email protected], for any questions regarding this Article. 

9. MODERATION AND REPORTING OF CONTENT ON THE MARKETPLACE 

Users can find further information regarding the Marketplace moderation policy in the listing and moderation policy.

9.1 Users’ editorial responsibility for Content

Users acknowledge and agree that they are solely responsible for the Content they transmit, store and publish on the Marketplace, over which they assume exclusive editorial responsibility. As such, Users undertake in particular not to store or publish, on the Marketplace, any Content that: 

• Is illegal or unlawful.

• Infringes or is likely to infringe the rights of a third party.

• Is incompatible with or contrary to the Terms of Use or any other contractual document governing access to the Marketplace and the Services. 

9.2 Monitoring of Content published on the Marketplace

Malt does not monitor Content prior to its publication by Users. 

Malt may review Content after it has been posted, particularly if Malt receives a report regarding the Content. 

9.3 Reporting Content 

Any person may report Content to Malt that they consider to be in breach of Article 9.1 of the T&Cs. 

The report may be sent by email to: [email protected], or directly via the secure messaging system for Users. 

To facilitate the processing of the report, the person making the report is asked to provide: 

• Their name and email address. 

• A clear indication of the electronic location, in particular its URL, as well as any additional information enabling the Content to be identified.

• A sufficiently substantiated explanation of the reasons why they consider the Content to be likely to be illegal or unlawful, to infringe the rights of a third party, or to be incompatible with the Terms of Use or any other contractual condition governing the use of the Marketplace or the Services.

Any person submitting a report to Malt undertakes to act in good faith and to provide complete and accurate information. 

9.4 Moderation measures that may be implemented by Malt 

Malt may take various measures depending on the behaviour detected and its severity, including:

• Sending a warning informing the Freelancer of the breach and reminding them of the applicable rules.  

• Sending a second warning (known as a “Report”) reminding the Freelancer of the breach and the applicable rules. The Report restricts the visibility of the profile and makes the profile ineligible for certain Services. 

• Requesting that the disputed Content be amended.

• Restriction of access to the Account. 

• Suspension of the Account. 

• Removal of the unlawful Content or the Account. 

The User may address any request, question or complaint regarding these measures to Malt. 

10. PROTECTION OF MARKETPLACE ASSETS

    10.1 Intellectual property rights relating to the Marketplace

The Marketplace and each of its constituent elements, including text, images, videos, photographs, trademarks, logos, company names and domain names, are the exclusive property of Malt or its partners.

These elements are protected in particular by intellectual property law, database producer rights and copyright.

Any reproduction, representation, use or transmission, in whole or in part, of the Marketplace or any of its constituent elements without Malt’s authorisation is prohibited. 

10.2 Prohibition on scraping 

It is strictly prohibited to extract, collect, transfer or reuse information from web pages hosted by Malt, whether automatically or otherwise, using dedicated software, bots or any other device designed, in particular, to scrape user data available on the Marketplace.

10.3 Integrity of the Marketplace  

It is strictly prohibited to take any action likely to compromise the integrity of the Marketplace, in particular reverse engineering or any process aimed at decompiling the source code or circumventing the security measures implemented by Malt.

10.4 Guidelines on the use of Application Programming Interfaces (‘APIs’)

Malt provides Users with APIs, i.e. application programming interfaces designed to enable access to and interoperability of their data. 

This access is secured by the issuance of personal authentication tokens, enabling technical communication between the Marketplace and third-party systems under the User’s sole control.

This token may be transmitted to third-party applications in order to use information derived from the application of the Marketplace’s Services and features.

The User’s decision to use these APIs and the resulting data sharing remains exclusively at their own initiative and responsibility.

Malt undertakes to take all necessary technical and organisational measures to ensure the security of this data. 

Malt therefore reserves the right to initiate any proceedings necessary to put an end to fraudulent practices before the civil, criminal or administrative courts and will seek compensation for the damage suffered. 

11. FREELANCER INSURANCE

    11.1 Purpose and scope of insurance cover

Malt has taken out professional indemnity insurance with Hiscox S.A., under which Freelancers are insured for their professional liability where such liability arises exclusively in connection with Projects carried out by them via the Marketplace, subject to the terms of the policy.

This insurance covers the Freelancer from the moment the Quote is accepted and solely in respect of Projects carried out by the Freelancer via the Marketplace.

11.2 Terms of cover and excess

Details of the cover provided (including the nature, limits, excesses, etc.) and the specific terms and conditions of the Hiscox policy taken out by Malt are available here. The general terms and conditions of the Hiscox policy, which are also applicable, are also available here.

The Freelancer declares that they have read and fully understood these terms by accepting these Terms of Use .

The Freelancer acknowledges and accepts that, in the event of a claim covered by the Hiscox policy taken out in their name and on their behalf by Malt, they shall remain liable to Malt and third parties for the amount of the excess specified in the special conditions. The Freelancer hereby authorises Malt to deduct this amount from any sum owed to them by Clients in respect of a Project carried out via the Marketplace.

11.3 Freelancer’s autonomy and limits of cover

Malt shall not be held liable in the event that the Hiscox policy does not apply to any damage or loss whatsoever and for any reason whatsoever.

The Freelancer further acknowledges that they are free to take out professional indemnity insurance themselves in their own name and on their own behalf, in particular to extend the scope and/or geographical and/or temporal coverage of the guarantees provided by the Hiscox policy taken out by Malt, or to reduce the amount of the excesses provided for. 

11.4 Duty to inform and follow-up on claims

The Freelancer must strictly inform Malt of any claim notification and the action taken in response, and must copy Malt into all correspondence with Hiscox S.A.

12. LIABILITIES

    12.1 Users’ liability

The User is solely responsible for the information and Content they choose to store and publish on the Marketplace, including any communication relating to a Project with another User. They alone bear the consequences of any incomplete, inaccurate or misleading information, as well as any unlawful Content for which they are responsible. 

12.2 Malt’s Liability

Malt shall under no circumstances be held liable more than eighteen (18) months after the occurrence of the event giving rise to its liability. Furthermore, Malt shall in no event be liable, on any grounds whatsoever, for an amount exceeding the fixed sum of two hundred thousand (200,000) euros including VAT.

In any event, Malt shall not be held liable for any direct or indirect damages suffered under the conditions described below: 

12.3 Access to the Marketplace and the Services

Where access to and the operation of the Marketplace and/or the provision of the Services are suspended, in particular in the event of force majeure, but also due to malfunctioning of the User’s equipment, malfunctions of Malt’s or the User’s internet network, or maintenance operations intended to correct or improve the Marketplace and the Services, regardless of the cause of the suspension.

12.4 Content

Where Content published or stored by Users, in whatever format, proves to be unlawful or infringes the interests of a third party, given that Malt does not edit, monitor or manage the Content published or stored on the Marketplace by its Users. 

12.5 Business partners and third-party websites

Where a User or, more generally, any person visiting the Marketplace accesses a third-party website or the services and/or products of a Malt business partner, it is expressly acknowledged that Malt exercises no control over third-party websites or, more generally, over its business partners. Consequently, Malt accepts no liability for any direct or indirect damage resulting from access to or use of such third-party websites, in particular with regard to the availability of third-party websites, the content published or stored on them, and/or the services or products available on or via such third-party websites or offered by its business partners. This clause applies regardless of the organisational or technical means by which the connection was established, including, but not limited to, hyperlinks, redirection, technical integration, or the use of authentication tokens or API access.

More generally, no act, event or breach committed by a Financial or Commercial Partner of Malt may be attributed, directly or indirectly, to Malt.

12.6 Abnormal or unlawful use 

Where a User or, more generally, any person visiting the Marketplace makes abnormal use of, or engages in unlawful or fraudulent exploitation of, the Marketplace or the Services, including any conduct that would constitute a breach of these Terms of Use. 

12.7 Cybersecurity 

Where Malt suffers a cyberattack, or an attempted intrusion, hacking, cyberfraud, compromise of IT systems, malware, ransomware or any other cybersecurity incident, as well as in the event of deprivation, suspension, interruption, alteration, deletion or prohibition — whether temporary or permanent, total or partial — of access to telecommunications networks and/or the internet, for whatever reason.

12.8 Artificial intelligence 

Whilst Malt implements a range of technical and organisational measures to integrate artificial intelligence into the Marketplace and the Services, it is unable to guarantee, in accordance with the current state of the art, the accuracy, completeness, impartiality or relevance of the results generated by the integrated tools, a fact which Users expressly acknowledge.

13. PERSONAL DATA

    13.1 Terms and conditions for the processing of personal data on the Marketplace

The terms and conditions for the processing of data relating to the use of the Marketplace and any other interaction with Malt are set out in the Privacy Policy. This data protection policy also sets out the rights of access, rectification, erasure, portability and restriction available to data subjects in relation to the processing of personal data carried out by Malt. The terms and conditions governing the processing of personal data exchanged during the Project are set out in the Project Conditions . 

13.2 Data Protection Officer

Malt has appointed a Data Protection Officer who is available to any User to answer any questions regarding the protection of personal data at Malt by email to [email protected] and by post to:
DPO, Malt Community, 18 rue Godot de Mauroy, 75009 Paris.

14. TERM, TERMINATION, SUSPENSION AND CLOSURE OF AN ACCOUNT 

    14.1 Term

These Terms of Use and any updates thereto apply from the moment Users log in to the Marketplace. They remain in force until the User’s Account is closed. 

14.2 Suspension and closure of the Account

Any use of the Marketplace and the Services that contravenes these Terms of Use and/or Applicable Law entitles Malt to suspend or close, without notice, the User’s Account or to refuse the User future access to all or part of the Marketplace, without any compensation being due on any grounds whatsoever and without prejudice to any damages that Malt may be entitled to claim.

The closure of the User’s Account by Malt automatically results in the termination of these Terms of Use.

14.3 Inactive Accounts

Malt reserves the right to deactivate or delete any Account that has remained inactive for a continuous period of twelve (12) months. The User will be notified by email thirty (30) calendar days prior to the effective deletion.

15. MISCELLANEOUS PROVISIONS 

    15.1 Independence

Malt and the User are independent parties, each acting in their own name and on their own behalf.

The User expressly acknowledges that the execution of Projects and the contractual relationships arising therefrom shall not be deemed to create any relationship of subordination or dependency, in particular of an economic nature, between the User and Malt.

15.2 Notifications and contact

The User acknowledges and agrees that any notification under these Terms of Use may be sent to them via the contact email address provided when creating their Account on the Marketplace.

15.3 Electronic signature

The User acknowledges and accepts that the acceptance of a Quote or any other legal document on the Marketplace shall be deemed to have been formalised by means of an electronic signature in accordance with the provisions of Article 1367(2) of the Civil Code. 

The electronic transmission of such documents, once signed and made available to the User, shall constitute proof between the various parties of the existence, origin, receipt and integrity of said document. 

It is expressly agreed that the requirement for multiple originals under Article 1375 of the Civil Code is satisfied provided that the document is drawn up and retained in accordance with Articles 1366 and 1367 of the Civil Code and that the process enables each party to have a copy on a durable medium or to access it.

Consequently, the parties acknowledge and agree that legal documents signed or accepted via the Marketplace shall come into force on the date of their signature or acceptance by the last of the signatory parties.

15.4 Invalidity – Non-waiver

In the event that any provision of these Terms of Use is declared null and void or rendered ineffective, in particular due to a change in legislation or a court ruling, this shall in no way affect the validity and enforceability of the other provisions.

The fact that Malt does not immediately exercise any of the rights provided for herein shall not constitute a waiver of the future exercise of that right.

15.5 Amendments to the Terms and Conditions

Malt reserves the right to amend, at any time and at its sole discretion, all or part of these Terms of Use as well as the Services offered.

A User who continues to use the Marketplace after such amendments have been made is deemed to have accepted them, it being understood that they will receive a copy of the Terms of Use addressed to them personally in accordance with the provisions of the “Notification” section of the Terms of Use, and that it is their responsibility to read and familiarise themselves with them, which they expressly acknowledge. 

15.6 Applicable law, arbitration and competent jurisdiction

These T&Cs are subject to the applicable law as specified in Appendix 1. 

Users and Malt undertake to enter into a 30-day period of amicable conciliation before initiating any legal proceedings on the basis of these Terms of Use. 

Any dispute relating to their formation, conclusion, interpretation and/or performance falls within the exclusive jurisdiction of the courts within the jurisdiction of the Court as specified in Appendix 1. 

Appendix 1 – Identification of the contracting Malt entity, the applicable law and the competent court

The determination of the contracting Malt Group entity, the law applicable to these Terms of Use, and the competent jurisdiction in the event of a dispute depends on the domain name used by the User to access the Marketplace, in accordance with the list below. Where applicable, Malt Community, a public limited company, registered with the Paris Trade and Companies Register under no. 791 354 871, with its registered office at 18 rue Godot de Mauroy - 75009 Paris, shall be deemed to be the contracting entity, French law shall apply and the Paris Commercial Court shall have exclusive jurisdiction in the event of a dispute. 

Appendix 2 – Legal notices

1.1 Marketplace

https://www.malt.com or any address listed in Appendix 1 from which the User connects to the Marketplace is a publication of Malt Community SA (791 354 871 RCS Paris).

18 rue de Godot de Mauroy – 75009 Paris (France)| [email protected]

Intra-Community VAT number: FR04791354871

1.2 Editorial Director 

Mr Vincent Huguet, founder and CEO.

1.3 Host 

The Marketplace is hosted by Google Cloud Platform (881 721 583 RCS Paris)

Gordon House, Barrow Street, Dublin 4, Ireland | 8 Rue de Londres, 75009 | https://cloud.google.com/support 

Appendix 3 – Definition of a Freelancer

Appendix 4 – Malt support service contact details

Appendix 5 – Derogations

Appendix 6 – General terms and conditions and provisions applicable by financial partners

• ARIA: A finance company registered with ORIAS under number 20001254:

• Aria: Aria offers an advance payment service enabling the Freelancer to receive the amount of their invoices immediately, through the purchase of the debt owed by the Client. This purchase is carried out in accordance with the terms set out in Aria’s General Terms and Conditions for the Assignment of Debts (the “Freelancer T&Cs”), available at the following addresses: 

  • Freelancers registered in France, Germany, Belgium, Luxembourg and the Netherlands: at this address

  • Freelancers registered in the United Kingdom: at this address

  • Freelancers registered in any other country: at this address   

By accepting these Terms of Use, the Freelancer expressly acknowledges and accepts the applicable Freelance Terms of Use, which are binding upon them. The Freelance Terms of Use specify, in particular, the chosen method of financing (directly by Aria or via a securitisation vehicle), depending on the country in which the Freelancer is registered.

The Client is informed that, as part of the advance payment service offered by Aria, the debt held in respect of the Project may be assigned to Aria or to a securitisation vehicle. Consequently, the Client shall be required to settle the invoice amount in accordance with the payment instructions provided to them. Aria, acting in its own name or, where applicable, on behalf of the securitisation vehicle, shall be responsible for the recovery of the assigned receivable, it being understood that it may delegate all or part of this task.

• DEFACTO: a finance company authorised by the ACPR under number 17768.
  The applicable terms and conditions are available:

  • In French at this address.

  • In English at this address. 

  • In German at this address.

  • In Spanish at this address. 

  • In Dutch at this address.