Terms of Use – Freelancers

Glossary of definitions

This glossary clarifies the terms used in these ToU and avoids confusion (in particular between the freelancer account and the Client’s “enterprise” accounts).

“ToU”: these Terms of Use.

“Client”: the enterprise customer of Folkyn that invited the freelancer to the platform and has an active subscription. Refers to the entity holding the enterprise account unless otherwise stated in the invitation or account settings.

“Activity report”: the document or entry by which the freelancer reports activity over a given period.

“Personal data”: any information relating to an identified or identifiable natural person, within the meaning of Regulation (EU) 2016/679 (the “GDPR”).

“Folkyn”: Folkyn SAS, publisher of the platform.

“Freelancer”: the contractor invited by the Client who uses the platform on the terms of these ToU. The freelancer is not a “User” of the Client within the meaning of the enterprise TCS.

“Mission”: the mission record or folder to which the freelancer is assigned in the platform once it has been created by the Client or its collaborators; the status of signatures or activity reports between the Client and the freelancer does not by itself remove the record from the product unless it is deleted in the platform.

“Commercial partners”: third-party companies with which Folkyn offers offers, integrations, or commercial programmes (for example: Orus, Indy, and Alan), where the Client, a Client collaborator with access to the enterprise account, or the freelancer consents to or activates an associated service, as further described in the privacy policy.

“Platform”: the Folkyn online service (web application and, where applicable, APIs or integrations enabled for the Client), enabling in particular document management, missions, contracts, activity reports, and invoicing.

“Electronic signature provider”: notably Yousign, where signing is performed through the features provided on the platform.

“User”: the freelancer when accessing the platform with personal credentials attached to their freelancer profile (within the meaning of these ToU, and not in the sense of a Client “enterprise” collaborator account).

1. Purpose

These Terms of Use (hereinafter the "ToU") set out the terms of access to and use of the Folkyn platform published by Folkyn SAS ("Folkyn") by freelancers invited by an enterprise customer of Folkyn (hereinafter the "Client").

The platform notably enables:

submission and verification of administrative and legal documents;
management of missions and contracts;
electronic signing of documents;
entry of activity reports;
generation and tracking of invoices or expense reports;
tracking of access and equipment provided in the context of missions;
reporting and administrative tracking of services performed.

2. Access to the platform

Access to the platform is reserved for freelancers invited by a Client with an active subscription with Folkyn.

The freelancer is responsible for the confidentiality of their login credentials and undertakes not to allow third-party access to their account.

Folkyn reserves the right to suspend or restrict access to the platform in the event of:

breach of these ToU;
fraudulent conduct;
submission of non-compliant documents;
identified risks relating to security or compliance.

3. Data and documents provided by the freelancer

The freelancer may be required to provide via the platform:

personal and professional information (name, address, company registration number (SIREN), VAT number, legal status, bank details, etc.);
administrative and legal documents (identity document, company registration extract (Kbis), URSSAF certificate, insurance certificate, certifications, administrative authorizations, etc.);
activity reports;
expense reports and related supporting documents;
invoices.

The freelancer warrants the accuracy, authenticity, validity, and currency of the information and documents transmitted via the platform.

The freelancer undertakes to submit only lawful, usable documents that comply with applicable regulations.

4. Document verification

Folkyn collects, reviews, validates, and tracks documents submitted by freelancers in connection with compliance obligations applicable to Clients using the platform.

Folkyn may in particular:

check validity and expiry dates of documents;
request additional documents;
flag incomplete, expired, or non-compliant documents;
temporarily suspend access to certain features or missions pending remediation.

The freelancer acknowledges that document validation carried out via the platform conditions access to certain missions or features.

5. Missions and contracts

Contracts, amendments, and mission documents may be generated, transmitted, and signed electronically via the Folkyn platform.

The freelancer acknowledges the legal validity of electronic signatures carried out via the platform in accordance with applicable regulations.

Folkyn acts solely as a technology platform provider and administrative management tool.

Folkyn is not a party to contracts concluded between the freelancer and the Client and cannot be held liable for performance of services, commercial terms agreed between the parties, or any disputes that may arise.

6. Freelancer liability

The freelancer remains solely responsible for:

information and documents transmitted via the platform;
compliance of their activity with applicable legal, tax, social, and regulatory obligations;
services performed for the Client;
invoices and declarations issued in the course of their activity.

The freelancer undertakes to use the platform in accordance with applicable laws and regulations and not to harm its proper functioning, security, or integrity.

7. Folkyn liability

Folkyn implements reasonably necessary means to ensure accessibility, security, and proper operation of the platform.

Folkyn does not guarantee continuous, uninterrupted, or error-free availability of the platform.

Folkyn cannot be held liable for:

contractual relations between the freelancer and the Client;
decisions made by the Client regarding missions;
late payment or commercial disputes between the freelancer and the Client;
indirect damages or loss of business;
false, inaccurate, incomplete, or fraudulent information or documents submitted by the freelancer or by third parties.

Folkyn’s liability to the freelancer is in any event limited to proven direct damages and shall not exceed, for all claims and losses combined, a fixed aggregate cap of ten thousand euros (€10,000) during any rolling twelve (12) month period, irrespective of any amounts paid by the Client to Folkyn. The limitations and cap above do not apply in the event of wilful misconduct or gross negligence on the part of Folkyn, in the event of personal injury, or where applicable law prohibits any limitation (including in respect of liability under the GDPR or personal data protection, within the limits set by mandatory law). The other limitations and exclusions in this section apply without prejudice to any mandatory provisions of law that cannot be contractually waived.

8. Personal data

In the context of using the platform, the freelancer's personal data may be collected and processed by Folkyn on behalf of the Client or for Folkyn's own operational, security, and compliance needs.

Processing is carried out in accordance with applicable personal data protection regulations, in particular the General Data Protection Regulation (GDPR).

Certain platform features may, where consent or activation is required, provide access to offers, integrations, or programmes from commercial partners within the meaning of this glossary; how data is processed, each party’s responsibilities, and the applicable legal bases in that context are set out in the applicable privacy policy.

The freelancer has the rights of access, rectification, erasure, and objection provided for by applicable regulations.

9. Hosting and security

Data is hosted on Amazon Web Services (AWS) infrastructure located within the European Union.

Folkyn implements technical and organizational measures intended to ensure security, confidentiality, and integrity of data processed via the platform.

10. Termination and access removal

The freelancer's access to the platform may be suspended or removed:

at Folkyn's initiative;
in the event of breach of these ToU;
in the event of documentary or regulatory non-compliance.

Folkyn is solely responsible for the technical administration of freelancer accounts created on the platform and may suspend or delete them in the cases provided for in these ToU.

Without prejudice to the freelancer’s rights under the GDPR (including the right to erasure, the right to object, and the right to restriction of processing where applicable), exercise of those rights may coexist with legal retention obligations or processing necessary to settle relations with the Client, as provided for by applicable regulations and the privacy policy.

Information, documents, and data submitted by the freelancer in the context of using the platform are centralized and retained by Folkyn in accordance with its legal, regulatory, and contractual obligations.

If access is removed, certain administrative documents, invoices, or activity reports may be sent to the freelancer on request, in PDF format, subject to applicable legal retention obligations.

11. Intellectual property

The Folkyn platform, its features, interfaces, content, software, and documentation are protected by intellectual property rights and remain the exclusive property of Folkyn SAS.

No property rights are transferred to the freelancer under these ToU.

12. Amendment of the ToU

Folkyn reserves the right to amend these ToU at any time.

Substantial amendments: any substantial amendment to the ToU will be notified to the freelancer (i) by email to the address linked to the freelancer account and (ii) by notification within the platform (freelancer account interface), at least thirty (30) days before the new ToU take effect.

During that period, the freelancer may stop using the platform free of charge and without penalty if they refuse the new ToU, in particular by requesting closure of their account using the process indicated in the notification or, failing that, by email to Folkyn’s contact address.

Failing a request for account closure or express refusal within that period, the new ToU are deemed accepted upon expiry of the period; continued use of the platform thereafter applies the version in force.

Non-substantial changes (formal corrections, contact updates, or clarifications without material impact on the freelancer’s rights and obligations) may be brought to the freelancer’s attention by any appropriate means (including notification in the platform), without prejudice to applicable legal requirements.

13. Applicable law and jurisdiction

These ToU are governed by French law.

In the event of a dispute, the parties will endeavour to seek an amicable solution before any court action.

Failing an amicable settlement, the courts of Bordeaux shall have exclusive jurisdiction.