1. Identification of Blify

BLIFY (hereinafter referred to as “Blify”) is a société par actions simplifiée (simplified joint stock company) registered with the Trade and Companies Register (RCS) of Nanterre under number 941 613 739, having its registered office at 32 rue de Paris, 92100 Boulogne-Billancourt, France.

2. Definitions

The following terms, when beginning with a capital letter, shall have the meaning set forth below:

Administrator(s): Means the individual(s), being an employee, contractor, or agent of the Contracting Party, duly authorized and appointed by the latter to be responsible for administering the Platform.

Learner(s): Means the individuals, being employees, contractors, clients, or agents of the Contracting Party, duly authorized by the latter to access the Services and benefit from the Training Content provided through the Platform and accessible via Third-Party Tools.

Contracting Party: Means the entity subscribing to the Services and having entered into an agreement with Blify for such purpose, in order to allow its Users to access the Services.

Terms of Use: Means the present document.

Training Content: Means all educational content of any nature made available to the Users on the Platform and through the Third-Party Tools.

User Content: Means any content of any nature disseminated by the User in connection with the Services.

Workspace: Means the digital environment made available to the Contracting Party and its Users, enabling access to, use of, and management of the functionalities provided by Blify. Each Workspace is attached to one Contracting Party and may group together one or several authorized Users. The Workspace constitutes the reference unit for the organization and configuration of the Services.

Third-Party Tools: Means third-party messaging tools such as Slack, Microsoft Teams, and WhatsApp, used by the Contracting Party in the course of its professional communications with its personnel. These Third-Party Tools are used by Blify to interact with Learners and are integrated at the Administrator’s discretion.

Platform: Means the software operated by Blify in SaaS mode, enabling Users to access the Services.

Applicable Regulation: Means Law No. 78-17 of January 6, 1978, as amended (known as the “French Data Protection Act”), and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (the “GDPR”).

Services: Means access to the Training Content and to the administration console via the Platform or the Third-Party Tools.

User(s): Means any natural person, being an employee, contractor, client, or agent of the Contracting Party, covered by the Services subscribed to by the Contracting Party. Administrators and Learners are Users.

3. Information on the Terms of Use

The User accesses the Platform under the agreement entered into with the Contracting Party of which the User is an employee, contractor, client, or agent, so that the latter may benefit from the Services.

These Terms of Use grant the User a personal license to access the Services. They define the conditions governing the use of the Services.

The User may access the Terms of Use through a direct link at the bottom of the page of the website at https://www.blify.co/terms.

The User accepts the Terms of Use by validating the account activation form. If the User does not accept the Terms of Use in their entirety, the User shall not be permitted to access the Services.

4. Conditions of Access to the Services

To access the Services, the User must:

Hold an account with a Third-Party Tool compatible with the Platform, as indicated on the website https://www.blify.co;
Access their account directly on the website https://app.blify.co when the account has been created by the Contracting Party, via the link transmitted by email;
Validate the account activation form provided for this purpose directly on the Platform using the link transmitted by email.

The User must provide all information marked as mandatory.

The User accesses the Services and their account using their professional email address and password and/or through OAuth.

5. Description of the Services

The User may review the features of the Services on the website https://www.blify.co.

The User accesses the Services directly through the Third-Party Tool and the Platform.

The Learner shall have access to the following Services:

Receive, via the Third-Party Tool, training summary sheets, questions in various formats, media (e.g., video, hyperlinks, podcasts), or any other contextualized content that Blify may make available, of any nature whatsoever;
Receive, via the Third-Party Tool, and then launch on app.blify.co personalized role-play simulations;
Submit personalized questions relating to the training program;
Receive newsletters, where applicable.

The Administrator shall in particular be able to:

Configure the Workspace of the Contracting Party;
Invite other Users to join (whether granted Administrator, Learner, or any other role to be introduced in the future);
Launch a training campaign addressed to Users;
Create and configure a training program;
Monitor the progress of Learners in connection with training campaigns.

Blify reserves the right to provide any other Service it deems useful, in such form, with such functionalities, and through such technical means as Blify considers most appropriate for the provision of the said Services.

6. Term of Subscription to the Services

The User shall have access to the Services for the subscription period agreed by the Contracting Party.

The User acknowledges and agrees that if the Contracting Party terminates its agreement with Blify, the User’s Account shall be automatically deactivated and the User shall no longer have access to the Services.

7. Intellectual Property Rights

The Platform, together with the software, infrastructure, databases, Training Content, and content of any kind (texts, images, visuals, music, logos, trademarks, etc.) operated by Blify, is the property of Blify. Such elements are protected under all applicable intellectual property rights and database producer rights. The license granted by Blify to the User does not entail any transfer of ownership.

The User is granted a non-exclusive, personal, and non-transferable SaaS license to use the Platform for the duration specified in the section “Term of Subscription to the Services.”

8. Obligations and Liability of the User

8.1. Provision of Information

The User undertakes to provide Blify with all information necessary for the subscription to and use of the Services.

8.2. User Account

The User:

represents and warrants that the information provided in the form, where applicable, is accurate and undertakes to keep it up to date;
acknowledges that such information constitutes proof of their identity and shall be binding upon validation;
is responsible for maintaining the confidentiality and security of their login credentials and password, any access to the Platform using such credentials being deemed to have been carried out by the User.

The User shall immediately contact Blify at the address specified in the section “Identification of Blify” if they become aware that their Account has been used without authorization. The User acknowledges that Blify shall have the right to take any appropriate measures in such circumstances.

8.3. Use of the Services

The User shall not misuse the Services for purposes other than those for which they were designed, including but not limited to:

engaging in illegal or fraudulent activities;
infringing public order or public decency;
harming third parties or their rights in any manner whatsoever;
violating any contractual, statutory, or regulatory provision;
engaging in activities likely to interfere with a third party’s information system, in particular with the aim of compromising its integrity or security;
conducting activities intended to promote their own services and/or websites or those of a third party;
assisting or encouraging a third party to commit one or more of the activities listed above.

The User shall further refrain from:

copying, modifying, or misappropriating any element belonging to Blify or any concept operated by Blify in connection with the Services;
adopting any behavior likely to interfere with or misappropriate Blify’s information systems or compromise its IT security measures;
infringing Blify’s financial, commercial, or moral rights and interests;
commercializing, transferring, or granting access in any manner whatsoever to the Services, the information hosted on the Platform, or any element belonging to Blify;
using the Services outside the scope of the contractual relationship between the Contracting Party and Blify.

The User is responsible for the User Content.

The User shall not disseminate any User Content (including but not limited to):

infringing public order or public decency (pornographic, obscene, indecent, offensive or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic, or revisionist);
infringing third-party rights (counterfeit content, violation of personality rights, etc.), or more generally violating any contractual, statutory, or regulatory provision;
harmful to third parties in any way;
subject to confidentiality obligations;
false, misleading, or promoting or offering illegal, fraudulent, or deceptive activities;
harmful to third-party IT systems.

The User undertakes to make reasonable use of the Services. In order to guarantee optimal quality of service for all Users and to prevent abuse, the use of the Services is subject to a quantitative limit.

Each User may initiate up to 300 messages per month to Blify via the Platform.

In the event that this threshold is exceeded, Blify may, without notice to the User, suspend access to the Account and the Services for a period of thirty (30) days. None of these measures shall give rise to any compensation to the User or the Contracting Party.

Blify acts solely as a hosting service provider for User Content exchanged via the Platform. Consequently, Blify shall not be held liable for such User Content.

The User shall indemnify and hold Blify harmless against any claim and/or action that may be brought against Blify as a result of a breach by the User of any of its obligations hereunder.

9. Obligations and Liability of Blify

Blify undertakes to provide the Services with due care and diligence, it being specified that Blify is bound by an obligation of means.

Blify undertakes to comply with the Applicable Regulation.

Blify shall use its best efforts to provide high-quality Services. To this end, Blify regularly carries out checks to verify the operation and accessibility of its Services and may perform maintenance under the conditions set forth in the section “Maintenance.”

However, Blify shall not be held liable for any temporary difficulties or impossibility of accessing the Services resulting from:

circumstances external to its network (including, without limitation, partial or total failure of the servers of the Contracting Party, the User, or the Third-Party Tool);
failure of equipment, cabling, services, or networks not included in the Services or not under Blify’s responsibility;
interruption of the Services caused by telecommunications operators or internet service providers;
intervention by the Contracting Party or the User, in particular through misconfiguration applied to the Services;
a case of Force Majeure.

Blify shall be responsible for the operation of its servers, the external limits of which are defined by the connection points.

Furthermore, Blify does not warrant that the Services—subject to continuous improvement efforts, including performance enhancements and updates—will be entirely free from errors, defects, or faults.

The User acknowledges that the Training Content made available under the Services is provided for educational and informational purposes only. The Platform does not guarantee any specific outcome resulting from the use of the Services.

The training materials and tools offered as part of the Services are intended to support the User in developing their skills but shall not substitute for the User’s professional judgment, personal analysis, or decision-making. The User remains solely and exclusively responsible for the manner in which they interpret and use the Training Content, as well as for the decisions made and actions undertaken in the course of their professional duties.

Blify shall use its best efforts to back up all data produced and/or entered on the Platform. However, except in cases of proven fault attributable to Blify, Blify shall not be held liable for any data loss occurring during maintenance operations.

As part of the Services, Blify may publish content redirecting the User to third-party platforms. Blify shall not be responsible for the technical availability or the content, products, and/or services of such platforms, nor for any relationships established by the User through such platforms.

10. Maintenance

The User shall benefit, for the duration of the Services, from maintenance services, including corrective and upgrade maintenance. In this context, access to the Platform may be limited or suspended.

With respect to corrective maintenance, Blify shall use its best efforts to provide corrective maintenance in order to remedy any malfunction or bug identified on the Platform.

With respect to upgrade maintenance, the User shall benefit, for the duration of the Services, from upgrade maintenance, which Blify may perform automatically and without prior notice. Such maintenance may include improvements to the Platform’s functionalities, the addition of new functionalities, and/or technical installations used within the Platform (aimed at introducing minor or major extensions).

11. Technical Support

In the event of difficulties encountered while using the Services, the User may contact Blify at the following email address: support@blify.co.

Technical support shall be available Monday through Friday, excluding public holidays, from 9:00 a.m. to 6:00 p.m. Depending on the issue identified, Blify shall estimate the response time and inform the User accordingly.

12. Limitation of Liability of Blify

Blify’s liability shall be limited solely to proven direct damages suffered by the User as a result of the use of the Services.

Blify shall not assume any responsibility with respect to the accessibility and technical availability of the Third-Party Tool, which is governed by its own terms of use.

In any event, except in cases of bodily injury, death, or gross negligence, and subject to a claim being made by registered letter with acknowledgment of receipt within one (1) month of the occurrence of the damage, Blify’s liability shall not exceed the amounts received by Blify under the Contract with the Contracting Party during the twelve (12) months preceding the event giving rise to liability.

13. Admissible Evidence

Evidence may be established by any means.

The User is hereby informed that the messages exchanged via the Platform as well as the data collected on the Platform and Blify’s IT equipment shall constitute admissible evidence, in particular to demonstrate the performance of the Services.

14. Processing of Personal Data

Blify maintains a personal data protection policy accessible here, which the User is invited to review.

As part of the Services, Blify may process personal data on behalf of and for the account of the Contracting Party, acting as a processor, while the Contracting Party acts as the controller within the meaning of the Applicable Regulation on personal data protection.

For any questions regarding the processing of personal data, the User is invited to contact their employer, who is Blify’s Contracting Party.

15. Force Majeure

Blify shall not be held liable for any failure or delay in the performance of its contractual obligations due to a case of Force Majeure occurring during the term of its relationship with the User, as defined in Article 1218 of the French Civil Code.

If Blify is prevented from performing its obligations due to a case of Force Majeure, it shall inform the User by any appropriate means, including by email or a message on the Platform. The obligations shall be suspended as from the notification and shall resume within a reasonable time once the case of Force Majeure has ceased.

Blify shall, however, remain bound to perform those obligations not affected by the case of Force Majeure.

16. Notifications and Reports

For any questions, comments, suggestions for improvement, or to report a malfunction of the Service or an error in the Training Content, the User is invited to contact Blify at the following email address: support@blify.co.

17. Termination of the Services

At the request of the Contracting Party, Blify may unsubscribe the User at any time. The User shall then no longer have access to their Account or to the Services.

The User may cease using the Services directly and at no cost through the functionality provided for this purpose in their Account. The User shall then no longer have access to their Account or to the Services.

Blify may delete any Account that has remained inactive for a continuous period of more than twenty-four (24) months.

18. Sanctions in Case of Breach

In the event of a breach by the User of its obligations, Blify may:

suspend or terminate the User’s access to the Services;
delete any Content related to the breach;
publish on the Platform any information notice Blify deems appropriate;
notify any competent authority, cooperate with such authority, and provide it with any information useful for the investigation and prosecution of illegal or unlawful activities;
initiate legal proceedings.

These sanctions are without prejudice to any damages that Blify may claim from the User.

The termination of the Services shall result in the deletion of the User’s Account.

19. Severability

The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

20. Amendments to the Terms of Use

Blify may amend these Terms of Use at any time. The amended Terms of Use shall apply as from their entry into force. The User is therefore invited to regularly consult Blify’s website to review the latest version of the Terms of Use in force.

21. Governing Law and Jurisdiction

These Terms of Use shall be governed by French law.

In the event of a dispute between the User and Blify, and failing an amicable settlement within two (2) months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), unless otherwise required by mandatory provisions of law.