TERMS AND CONDITIONS FOR PROFESSIONALS

Welcome to Mirantes!

1. Preamble

Mirantes Technologies - Service Provision, Lda., is the owner of the 'Mirantes' platform. It is an integrated platform for Human Capital and Career Management services, for companies and professionals, which we believe is a valuable solution to optimize and boost your company’s growth. Our platform is a comprehensive and integrated solution that allows companies to efficiently manage their teams and develop each employee's potential, as well as simplify and automate recruitment, hiring, training, payments, taxation, dismissals, etc.

In its mission to connect candidates to opportunities and employers to professionals worldwide, our services aim to facilitate the recruitment process for both employers and workers, especially regarding matching suitable candidates and simplifying the job application process. Workers, job seekers, and applicants (hereinafter referred to as 'Users') can create a career profile on our platform https://mirantes.io (hereinafter referred to as 'platform'), enabling users to apply for job postings by companies and manage all their applications and necessary documents in one place. It also allows recruiters to directly contact professionals.

By creating a user account, the user agrees that the Terms and Conditions for Professionals (hereinafter referred to as 'TCP') will exclusively apply.

2. General Provisions

These Terms and Conditions (TCCP) apply to all services provided by Mirantes to users of its platform. These TCCP apply exclusively to professionals. Any divergent, conflicting, or additional terms and conditions from the user only become part of the Contract if and to the extent that Mirantes has expressly agreed to their validity. Mirantes expressly reserves the right to make changes to these TCCP. Changes to these TCCP become effective if the user does not object in writing within one month of receiving notification of the change and if Mirantes has informed the user of this right to object and the applicable deadline in the notification of the change. If the user objects in writing to the change, the previous TCCP will continue to apply. In this case, Mirantes has the right to terminate the contractual relationship with the respective user within 2 (two) weeks from receiving the objection. Changes related to an obligation of one of the parties, whose fulfillment is essential for access to Mirantes services and upon which the other party relies or can regularly rely ('essential contractual obligation'), are excluded from this right to make changes.

3. Purpose of the Contract and Scope

The main obligation of Mirantes is to provide the platform. Mirantes provides the platform as it was available at the time of the user registration. Users can create their profile, give a glimpse of their career through the user account, which can be viewed by the companies the user has applied to, and by recruiters within the platform. Additionally, users can manage the content and documents necessary for applying to job openings through the platform, as well as search for new opportunities, track their applications, upskill with training, manage their professional portfolio, and benefit from mentoring. The data provided by the user is used to improve their experience, present the most suitable content to them, and optimize the weighting of selection criteria in order to suggest the user's profile to potential employers for open vacancies. This makes the professional profile visible to all companies registered on the platform but does not grant the user the right to claim that their application is presented to specific employers. Mirantes reserves the right to update the platform at any time and to add or remove features during this process, as well as modify it in whole or in part. Mirantes strives to ensure that the platform is used as much as possible without interruptions, although the platform is not available during maintenance work. Additionally, the right to use the content available on the platform is subject to the technical and operational capabilities of Mirantes. The job postings and other employer content that can be viewed on the platform are considered third-party content by Mirantes, unless they are clearly provided with a reference by Mirantes. Mirantes does not verify the completeness, accuracy, or legality of third-party content and, therefore, does not assume any responsibility or warranty regarding the completeness, accuracy, legality, and timeliness of third-party content. The same applies to the quality of third-party content and its suitability for a particular purpose, as well as third-party content on external linked websites. Users are free to send an email to geral@mirantes.io to notify Mirantes of content or job postings that appear to violate legal provisions or the platform's terms of use.

4. Opening a User Account

It is necessary for the professional to register on the platform in order to apply for job openings and enjoy various features. The minimum age for users is 18 years old. There is no absolute right to enter into a user agreement. With the platform's authorization, users under the age of 18 may be registered. To open an account, the user must provide their correct personal data, which may be verified. Therefore, opening a user account with incorrect personal data constitutes a violation of our T&Cs. This also includes user accounts opened in the name of third parties. In such cases, we reserve the right to terminate the user agreement immediately. The user confirms that the contact details and other information requested by Mirantes during registration are complete and accurate and is responsible for keeping them updated. The use of pseudonyms, abbreviations, or stage names is not allowed.

5. Use of the Platform and Prohibited Activities

Mirantes offers users the opportunity to create a detailed career profile by answering specific questions about themselves and their professional career, as well as questions about their job search needs and access to training for professional development. The answers are necessary to optimize the user's experience, as additional information allows Mirantes to offer the best career opportunities through its suggestion feature. Here, the user's professional profile is compared with the job listing requirements. If the comparison shows that the user meets the requirements or if a job listing matches the user's profile, the job listing or corresponding employer is suggested to the user, or the user's career profile is suggested to the employer. This does not grant the user the right to claim that Mirantes will suggest job offers, training, mentorship, or that the user's professional profile will be suggested to employers. The user is responsible for any content they publish and is required to comply with all applicable laws and other legal provisions, as well as the provisions of these T&Cs when applying for jobs and creating or maintaining their professional profile. In particular, the user is prohibited from publishing any data or content, such as text, images, logos, etc., that violate the applicable laws, intellectual property rights, copyright, or other third-party rights. Files containing violent, pornographic, discriminatory, insulting, racist, defamatory, or other illegal content or representations are also prohibited and cannot be uploaded and/or made publicly accessible or part of the content disseminated through the platform. It is also prohibited to upload files containing, in whole or in part, third-party company names, trademarks, other commercial symbols, or other protected logos unless the user has the corresponding usage rights and/or authorization. Similarly, users are prohibited from taking any actions that could harm the proper functioning of the platform, including overloading Mirantes' systems. If there is reasonable suspicion of a breach of the contract or illegal activity, Mirantes has the right to check the user's activities and, if necessary, take appropriate legal action without prior notice. These may include blocking and deleting content, deactivating the user's account or career profile, terminating the contractual relationship, permanently removing the platform access, or reporting the facts to the public prosecutor. If Mirantes terminates the contractual relationship with a user due to reasonable suspicion of a breach of contract or illegal activity, the user does not have the right or authorization to open a new user account in their name or on behalf of another, or to use another user's account to access the platform. In the case of a willful violation of the above obligations, the user is required to immediately indemnify Mirantes upon the first request for any claims by third parties arising from such violations.

6. Usage Rights

The user agrees to only upload data and content to the platform if they have the necessary authorization to do so and to publish it. In cases where third-party rights are associated with the data or content, the user confirms that they have legally acquired or licensed the usage rights required to upload and publish such data and content. By publishing data or content, the user grants Mirantes a free, transferable, regionally, and temporally unlimited usage right to fulfill Mirantes' contractual obligations to the users or to comply with Mirantes' legal obligations regarding the respective content, particularly to store the content on Mirantes' servers and to publish it, namely to make it publicly accessible (e.g., through the presentation of the content on the platform), as well as for processing and duplication, to the extent necessary for the provision or publication of the respective content. Whenever the user deletes the published content or exercises their right to deletion under Article 28 of Law No. 22/11 of June 17 – Data Protection Law, the usage right granted to Mirantes in relation to the referred content expires. However, Mirantes has a period of 60 (sixty) days to proceed with the deletion of the data.

7. Duration and Termination

The platform usage agreement begins upon the completion of registration. The user has the right to terminate the usage agreement at any time, without prior notice, simply by closing their account via the platform or requesting the closure of the user account by sending an email to Mirantes at geral@mirantes.io from the email address registered with the user account. Mirantes will then deactivate the user account and career profile and irrevocably delete all data stored by the user on the platform and any submitted applications from its servers. This does not affect further processing based on legal retention obligations. Mirantes has the right to terminate the user agreement at any time, in writing (email), with a two-week notice period. The right to terminate for just cause remains unaffected. Just cause that entitles Mirantes to terminate includes, in particular, cases where the user culpably violates the provisions of these TCCP, especially by behaving improperly or unlawfully in the contractual relationship.

8. Liability

Unless otherwise specified in these TCCP, Mirantes is liable within the framework of the use of the platform in accordance with the following provisions. If the user suffers damages as a result of using the platform provided free of charge, Mirantes is only liable if the damages occurred despite contractual use, if the user did not act culpably, and only in cases of intent (including fraudulent intent) and gross negligence on the part of Mirantes. The following provisions apply to the liability of paid content: Mirantes has unlimited liability for damages caused intentionally or through gross negligence by Mirantes or its legal representatives, employees, or indirect agents. Mirantes is not liable for cases of slight negligence in the breach of insignificant contractual obligations. Furthermore, Mirantes' liability for damages caused by slight negligence is limited to the damages that can typically be expected within the framework of the respective contractual relationship (damages that are typically foreseeable under the contract). This also applies to breaches of duty due to slight negligence by its legal representatives, employees, or indirect agents. The above limitation of liability does not apply in cases of fraudulent intent, bodily or personal injury, breach of guarantees, or claims arising from product liability. The user is solely responsible for non-compliance with their obligations, particularly for violations of third-party trademarks, copyrights, and naming rights. This does not apply if the user is not responsible for the breach of obligation. The user must indemnify Mirantes against all claims for payment from other users and third parties, upon prior request, that are brought against Mirantes due to a violation of rights or the contract by a third-party user.

9. Data Protection

Mirantes Technologies - Prestação de Serviços, Lda., is aware, attentive, and constantly analyzing and improving the measures implemented to protect your personal data against unauthorized access, accidental loss, disclosure, or destruction. To prevent loss, disclosure, unauthorized use, or access and to ensure appropriate use of your information, we have implemented appropriate and reasonable physical, technical, and administrative security measures to safeguard your personal data. We retain data as required or permitted by law. Whenever we collect, transfer, or store sensitive information, we use a variety of additional security technologies and procedures to help protect your personal data from unauthorized access, use, or disclosure.

10. Governing Law and Jurisdiction

Angolan law applies exclusively. These Terms and Conditions for Professionals are governed by the applicable Angolan legislation and the Service Provision Agreement, which is considered an integral part thereof for all purposes. Disputes arising therefrom, after all possibilities of amicable settlement have been exhausted, shall be resolved by the court of the district of Luanda, with the express exclusion of any other jurisdiction.

11. Contacts

If you have any questions or issues, you can contact our team at geral@mirantes.io