Terms & conditions

1. Identification of Blify

The company BLIFY ("Blify") is a simplified joint-stock company (société par actions simplifiée) registered with the Nanterre Trade and Companies Register under no. 941 613 739, having its registered office located at 32 rue de Paris, 92100 Boulogne-Billancourt, France.

2. Definitions

Capitalized terms shall have the following meanings:

Administrators (Administrateurs): Means the natural person(s), acting as an employee, service provider, or authorized agent of the Contracting Party, authorized and appointed by the latter to be in charge of administering the Platform.

Learners (Apprenants): Means the natural persons, acting as an employee, service provider, client, or authorized agent of the Contracting Party, authorized by the latter to access the Services and benefit from the Training Content provided by the Platform and accessible via Third-Party Tools.

Contracting Party (Cocontractant): Means the entity that subscribes to the Services and has entered into an agreement to this effect with Blify in order to allow Users to access the Services.

Terms of Use (Conditions Générales d’Utilisation): Means this document.

Training Content (Contenu de Formation): Means all educational content of any kind made available to Users on the Platform and through Third-Party Tools.

User Content (Contenu Utilisateur): Means content of any kind published or distributed by the User in connection with the Services.

Workspace (Espace de travail): Means the digital environment made available to the Contracting Party and its Users, enabling access to, use of, and management of the features offered by Blify. Each Workspace is linked to one Contracting Party and may include one or more authorized Users. The Workspace constitutes the reference unit for organization and configuration within the scope of the Services.

AI (IA): Means the artificial intelligence systems integrated into the Platform to provide the Services.

Third-Party Tools (Outils tiers): Means third-party messaging tools such as Slack, Microsoft Teams, and WhatsApp used by the Contracting Party as part of its professional communication with its staff. These Third-Party Tools are used by Blify to interact with Learners and are integrated according to the Administrator's choice.

Platform (Plateforme): Means the software tool operated in SaaS mode by Blify, allowing Users to access the Services, which operate in part using AI.

Applicable Regulations (Réglementation applicable): Means Law No. 78-17 of January 6, 1978, in its latest amended version, known as the "French Data Protection Act" (Loi Informatique et Libertés), and EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 (GDPR).

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

User (Utilisateur): Means any natural person with legal capacity acting as an employee, service provider, client, or authorized agent of the Contracting Party and covered by the Services subscribed to by the Contracting Party. Administrators and Learners are Users.

3. Information on the Terms of Use

The User is granted access to the Platform within the framework of the agreement concluded with the Contracting Party, of whom the User is a staff member, enabling the latter to benefit from the Services.

These Terms of Use grant the User a personal license allowing them to access the Services. They define the terms and conditions for using the Services.

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

The User accepts the Terms of Use by validating their account activation form. If they do not accept the Terms of Use in their entirety, they may not access the Services.

4. Conditions of Access to the Services

To access the Services, the User must:

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

The User must provide all the information marked as mandatory.

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

5. Description of the Services

The User can review the characteristics of the Services on the website https://www.blify.co.

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

The Learner has access to the following Services:

Based on the Learner's exchanges with a conversational AI system integrated into the Third-Party Tool and the context, the AI may provide the Learner with training environments tailored to their needs.
The Training Content generated using AI, to which the Learner may have access via the Third-Party Tool or on the WebApp published by Blify, includes but is not limited to: theoretical content, questions, explanations for incorrect answers, practical scenarios (role-playing), or any other contextualized content of any nature whatsoever that Blify may make available to them.
For role-playing exercises, a fictional conversational AI system (voice or text) simulates a real-time exchange with the Learner, while a second AI system analyzes the Learner's performance to provide constructive feedback and personalized recommendations for improvement.
Ask personalized questions related to the theme of the learning path.
Receive newsletters, if applicable.

The Administrator may notably:

Configure the Contracting Party's Workspace.
Invite other Users to join it (whether they have rights and permissions as an Administrator, a Learner, or any other future role).
Launch a training campaign for Users.
Create and configure a learning path. To design the Training Content, the Administrator will be assisted by a conversational AI system that takes into account the messages exchanged with the Administrator and the documents provided by the latter to create said Training Content.
Track the Learners' progress in training campaigns.

Blify reserves the right to offer any other Service deemed useful, in a form and according to the functionalities and technical means that Blify considers most appropriate for providing said Services.

6. Duration of Subscription to the Services

The User has access to the Services for the duration subscribed to by the Contracting Party.

The User acknowledges and agrees that if the Contracting Party terminates its agreement concluded with Blify, the User's account will be automatically deactivated and the User will no longer be able to access the Services.

7. Intellectual Property Rights

The Platform is the property of Blify, as are the software, infrastructures, databases, Training Content, and content of any kind (texts, images, visuals, music, logos, trademarks, etc.) that it operates. They are protected by all applicable intellectual property rights or database producers' rights. The license that Blify grants to the User does not entail any transfer of ownership.

The User is granted a non-exclusive, personal, and non-transferable SaaS mode license to use the Platform for the duration set out in the article "Duration of Subscription to the Services".

8. Obligations and Responsibilities of the User

8.1. Regarding the provision of information

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

8.2. Regarding the User's Account

The User:

guarantees that the information provided in the form, where applicable, is accurate and undertakes to update it;
acknowledges that this information serves as proof of their identity and is binding upon them as soon as it is validated;
is responsible for maintaining the confidentiality and security of their login credentials and password. Any access to the Platform using the latter shall be deemed to have been made by them.

The User must immediately contact Blify using the contact details mentioned in the "Identification of Blify" article if they notice that their Account has been used without their knowledge. They acknowledge that Blify shall have the right to take all appropriate measures in such a case.

8.3. Regarding the use of the Services

The User refrains from misusing the Services for purposes other than those for which they were designed, and in particular from:

carrying out any illegal or fraudulent activity;
breaching public order and good morals;
infringing upon third parties or their rights in any way whatsoever;
violating any contractual, legislative, or regulatory provision;
carrying out any activity likely to interfere with a third party's IT system, in particular for the purpose of violating its integrity or security;
carrying out actions aimed at promoting their own services and/or websites or those of a third party;
assisting or inciting a third party to commit one or more of the acts or activities listed above.

The User also refrains from:

copying, modifying, or misappropriating any element belonging to Blify or any concept it operates within the framework of the Services;
adopting any behavior likely to interfere with or misappropriate Blify's IT systems or breach its IT security measures;
infringing upon Blify's financial, commercial, or moral rights and interests;
marketing, transferring, or granting access in any way whatsoever to the Services, to the information hosted on the Platform, or to any element belonging to Blify;
using the Services outside the scope of the intended use defined by the contractual relationship between the Contracting Party and Blify.

The User is responsible for User Content. The User refrains from publishing or distributing any User Content (this list is not exhaustive) that is:

contrary to public order and good morals (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic, or revisionist);
infringing upon the rights of third parties (counterfeit content, infringement of personality rights, etc.) and more generally violating any contractual, legislative, or regulatory provision;
harmful to third parties in any way whatsoever;
covered by confidentiality;
false, misleading, or proposing or promoting illicit, 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 service quality 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 this threshold is exceeded, Blify may, without notifying the User, suspend access to the Account and the Services for a period of 30 days. None of these measures shall give rise to any compensation for the User or the Client.

Blify acts as a hosting provider for the User Content exchanged via the Platform. Consequently, Blify is not liable for such User Content.

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

8.4. Regarding the use of AI

Blify does not wish for the AI systems integrated into the Platform to be used for high-risk purposes and does not wish to be a provider of high-risk AI systems. Consequently:

the User shall refrain from modifying the Services for high-risk purposes;
the User shall refrain from using the Services for any purposes considered high-risk under applicable artificial intelligence regulations, and in particular Regulation (EU) 2024/1689 of June 13, 2024, on artificial intelligence.

If the User is an Administrator, they expressly acknowledge that the Platform is not intended to enable the making of any HR (Human Resources) decisions; it must solely serve as a tool for creating and deploying Training Content (questions, simulations, and other educational content) to Learners.

Consequently, the Administrator expressly undertakes not to use the Platform, and in particular the statistical data aggregated on the dashboard (Learners' completion and progression rates in training courses, time spent, results to questions), to:

make a decision regarding the conditions of the employment relationship with the latter;
determine whether the Learner deserves a promotion or deserves to be dismissed;
determine whether specific tasks should be assigned to them;
monitor and evaluate the Learner's performance and behavior at work.

Furthermore, it is the Users' responsibility to exercise critical judgment and discretion in the interpretation and use of the information generated by the AI systems.

The User acknowledges that AI systems may be subject to biases and that this can potentially affect the results, recommendations, or decisions generated by the AI systems.

9. Obligations and Liability of Blify

Blify undertakes to provide the Services with due diligence, it being specified that it is bound by an obligation of means (obligation de moyens).

Blify undertakes to comply with applicable regulations, and more specifically the regulations relating to artificial intelligence in force, and in particular Regulation (EU) 2024/1689 of June 13, 2024, on artificial intelligence.

Blify uses its best efforts to provide high-quality Services.

To this end, it regularly carries out checks to verify the functioning and accessibility of its Services and may thus perform maintenance under the conditions specified in the "Maintenance" article.

Blify is nevertheless not liable for any temporary difficulties or impossibilities in accessing its Services arising from:

circumstances external to its network (and in particular the partial or total failure of the servers of the Contracting Party or the User or those of the Third-Party Tool);
the failure of equipment, cabling, services, or networks not included in its Services or which are not under its responsibility;
the interruption of the Services caused by telecom operators or internet service providers;
intervention by the Contracting Party or the User, in particular via a misconfiguration applied to the Services;
a case of force majeure.

Blify is responsible for the functioning of its servers, the outer limits of which are constituted by the connection points.

Furthermore, it does not guarantee that the Services, which are subject to constant research to improve their performance and progress in particular, will be completely free of errors, bugs, or defects.

The User acknowledges that the Training Content made available to them as part of the Services is provided for purely educational and informational purposes. The Platform does not guarantee any specific result following the use of the Services.

The training and tools offered as part of the Services aim to support the User in developing their skills, but cannot substitute for their professional judgment, personal analysis, or decision-making.

The User remains solely and exclusively responsible for the way they interpret and use the Training Content, as well as for the decisions they make and the actions they implement within the scope of their professional duties.

Blify uses its best efforts to back up all data produced and/or entered by/on the Platform.

However, except in the event of proven fault on the part of Blify, it is not liable for any loss of data during maintenance operations.

As part of the Services, Blify may publish content directing the User to third-party platforms. Blify is not responsible for the technical availability and the content, products, and/or services of these platforms, nor for the relationships established by Users through these platforms.

The quality of the Training Content produced by the Platform depends directly on the clarity of the input data (messages and documents) added by the Administrator.

Consequently, Blify cannot be held liable for the quality of the Training Content produced when the latter is affected by inadequate, poor quality, or erroneous input data provided by the Administrator.

Blify makes every effort to correct the biases inherent in the design of the AI systems upon which the operation of the Services relies.

Blify undertakes not to train its AI systems using data provided by the Users on the Platform.

10. Maintenance

The User benefits from maintenance, notably corrective and evolutionary, during the term of the Services. In this context, access to the Platform may be limited or suspended.

Regarding corrective maintenance, Blify uses its best efforts to provide the User with corrective maintenance in order to fix any malfunction or bug identified on the Platform.

Regarding evolutionary maintenance, the User benefits, during the term of the Services, from evolutionary maintenance, which Blify may carry out automatically and without prior notice, and which includes improvements to the Platform's functionalities, the addition of new functionalities and/or technical installations used within the framework of the Platform (aimed at introducing minor or major extensions).

11. Technical Support

In the event of a difficulty encountered while using the Services, the User may contact Blify at support@blify.co.

The technical support service is accessible from Monday to Friday, excluding non-working days or public holidays, from 9:00 a.m. to 6:00 p.m. Depending on the identified need, Blify will estimate the response time and keep the User informed.

12. Limitation of Blify's Liability

Blify's liability is limited solely to proven direct damages suffered by the User as a result of using the Services.

Blify assumes no liability regarding the accessibility and technical availability of the Third-Party Tool, which, it is recalled, is governed by its own terms of use.

In any event, with the exception of bodily injury, death, and gross negligence, and provided a claim has been made by registered letter with acknowledgment of receipt within one month following the occurrence of the damage, Blify's liability shall not exceed the amounts it received during the 12 months preceding the event giving rise to liability under the Agreement with the Contracting Party.

The User acknowledges that the AI systems associated with the Services do not constitute high-risk AI systems within the meaning of applicable artificial intelligence regulations, and in particular Regulation (EU) 2024/1689 of June 13, 2024, on artificial intelligence.

Blify does not wish for its AI systems to be used for high-risk purposes and does not wish to be a high-risk AI provider. Consequently, the User undertakes not to modify the Service and/or use it in high-risk contexts. Blify cannot be held liable in the event of the User's breach of this obligation.

13. Admissible Methods of Proof

Proof may be established by any means.

The User is informed that the messages exchanged through the Platform, as well as the data collected on the Platform and Blify's IT equipment, constitute an admissible method of proof, in particular to demonstrate the reality of the Services performed.

14. Personal Data Processing Terms

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

Within the framework of the Services, Blify is required to process the User's personal data on behalf of and for its Contracting Party, acting as a data processor (sous-traitant), while the Contracting Party acts as a data controller (responsable de traitement) within the meaning of the Applicable Regulations regarding personal data protection.

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

15. Force Majeure

Blify cannot be held liable for breaches or delays 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 must inform the User by any appropriate means, in particular by email or by a message on the Platform. The obligations are suspended as from the notification and must be resumed within a reasonable time as soon as the event of force majeure ceases.

Blify nevertheless remains bound to perform the obligations that are not affected by a case of force majeure.

16. Reporting

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

17. Termination of the Services

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

The User may stop using the Services directly and free of charge via the functionality provided for this purpose through their Account. The User will then no longer have access to their Account and the Services.

Blify may delete any Account if it has remained inactive for a continuous period of more than 24 months.

18. Sanctions in Case of Breach

In the event of a breach of the User's 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 informational message that Blify deems useful;
notify any competent authority, cooperate with them, and provide them with all information useful for the investigation and prosecution of illegal or illicit activities;
initiate any legal action.

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

The termination of the Services results in the deletion of the User's Account.

19. Severability

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

20. Modification of the Terms of Use

Blify may modify its Terms of Use at any time. The modified Terms of Use are applicable as soon as they come into effect. The User is therefore invited to regularly consult the latest applicable version of the Terms of Use on Blify's website.

21. Governing Law and Jurisdiction

The Terms of Use are governed by French law.

In the event of a dispute between the User and Blify, and failing an amicable agreement within 2 months following the first notification, such dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), unless mandatory statutory provisions dictate otherwise.