General terms and conditions
SAS Effency – RCS Paris 822320172
Head office : 78 avenue de Flandre – 75019 Paris
Date d’entrée en vigueur : 22/09/2021
- The term User refers to the following persons:
- Legal entities that are signatories to the Agreement with EFFENCY (hereinafter “Customers”);
- Legal entities that, where applicable, make TeamGether and content created by Customers or developed by EFFENCY available to individual Users (hereinafter “End Users”); and
- Individuals using EFFENCY Services, namely individuals using TeamGether, regardless of the content offered and/or performing Tests as defined in section 3.3, Team Leaders and Team Members.
- These general terms and conditions,
- Any special conditions,
- Any Quotations.
Acceptance of the general conditions
- Acceptance of Terms and Conditions when using the Services on the Site
When a User uses Effency’s Services, performs the Test as defined in article 3.3 or places an order on the Site, acceptance of the Terms and Conditions is evidenced by a checkbox on the registration form or order form.
- Acceptance of the general terms and conditions in case of order of Services on Quotation
Unless otherwise stated, any Quotation issued by Effency is valid for one month from the date of issue. If the User does not validate the Quotation within this period, the Quotation will lapse. Validation is carried out by the User’s signature on the Quotation and by sending it to Effency by any useful means, including by email.
Any validation of the Quotation implies unreserved acceptance of these terms and conditions, in their version in force at the date of validation of the Quotation.
- Common provisions
The acceptance of the present general conditions can only be full and complete. Any conditional acceptance is considered null and void. The User who does not agree to be bound by the present general conditions must not use the Services.
Description of the Services
- Purpose of the Services
The Services are intended for professional use, in that they provide tools and advice to (i) create personalized training paths based on content using the JetPack and/or (ii) promote the complementarity and collaboration of individuals in the context of teamwork. To this end, Effency offers the following Services to Users in a form and with the features and means, including technical means, that it deems most appropriate.
- TeamGether and its JetPack
EFFENCY has developed and makes available to customers a tool for creating, distributing and managing content called JetPack (hereinafter: “JetPack”).
This Service aims to allow Clients to create, using JetPack, training courses tailored to their corporate culture and customized through the multitude of formats offered (text, image, video, external links, activities, quizzes, open questions or MCQs, etc.). They also benefit from EFFENCY’s assistance, through a support during the JetPack learning process, then through tutorials and FAQs.
In this context, EFFENCY grants to customers who subscribe to this Service access to its licenses editor, manager and provides them with technical and functional support, for the purpose of installing TeamGether, its chatbot designed for this purpose (hereinafter: “TeamGether”), on Slack, Teams, Citadel and Google Suite for each of the Members of the Team concerned.
The training courses thus created by the Customer are then disseminated to End Customers or Team Members by TeamGether, on Slack, Teams, Citadel or the Google suite, according to the modalities defined by the Customer (automated or not, to groups of people or individually, etc.).
Finally, the JetPack allows the Customer to store and manage all his training courses within his own library, whose content is made available to the Final Customer or to all Team Members. The Customer also has access, if he decides to opt for the corresponding package, in French and English, to the 2,700 courses and recommendations developed by EFFENCY on collective effectiveness and made available in a common library.
The details of these Services are provided on quotation, depending on the subscription subscribed by the Customer.
If necessary, the training courses can be aimed at collective effectiveness, in which case they integrate the Services below, including a personality test and a team analysis.
- Personality tests
Effency offers a short personality test (accessible on its website https://test.effency.fr/le-test-individuel/ and in a demo version) and a long personality test accessible in the client’s collaborative workspace, on Slack, Teams, Citadel or the Google suite (hereinafter: the “Short Test” and “Long Test”) designed to analyze the personality traits of individuals in the context of teamwork.
The completion of the Short Test does not require the User to register on the Site, but does require the User’s acceptance of these terms and conditions.
The Long Test is conducted in the Customer’s collaborative workspace, on Slack, Teams, Citadel or Google Suite.
The results of the Long Test are sent to the User concerned by email, to the address provided by the User in Slack, Teams, Citadel or Google Suite and collected by EFFENCY. They are sent only to the User himself and in no case to a third party. When the Long Test is conducted as part of a Team Analysis, they are not sent to the Team Leader or other Team Members, as defined below.
- Team Analysis
The purpose of the “Team Analysis” Service is to analyze the personality traits of all individuals composing a given team (hereinafter a “Team”), in order to assess their potential for collaboration within this Team.
This Service must be ordered by the Client either from EFFENCY or from one of its accredited team coaching partners and piloted by the Team Manager concerned (hereinafter: the “Team Manager”).
Once the payment of the order is made, the Team Leader contacts Effency (email@example.com) or his contact at one of EFFENCY’s partners, which will trigger the installation of the EFFENCY digital coach in the Team Leader’s workspace.
Automatically, the members of his Team will be invited to perform the Long Test in their collaborative workspace.
The results of the Test are sent, for each Team Member, only to him/her and in no case to the other Team Members or the Team Leader.
Once all Team Members have completed the Test, Effency has access to a team analysis map based on the summary of individual responses to the Long Test (which therefore maintains the anonymity and confidentiality of individual results). This mapping will be debriefed to the Team during a session organized with a certified team coach partner of EFFENCY.
This mapping and its restitution during an ad hoc meeting, in person or by video, deals only with the Team as a whole and not with its individual members.
- Digital Coaching
Based on the results of the team mapping debrief, and in agreement with the partner who conducted the team analysis mapping, Effency provides the Team Manager and Team Members with personalized recommendations that are disseminated via Slack, Teams, Citadel or the Google suite. These recommendations are personalized according to the individual profile of each Team Member and the collaborative profile of the Team. The individual results of each member remain confidential.
- Assessment of the coaching process
During and at the end of the digital coaching, Effency provides information to the Team Manager on the effectiveness of the actions implemented during the digital coaching and on the assiduity of the Team Members in following the paths proposed in the tool.
- Other Services
In addition to the Services defined above, the Customer can choose to add team coaching options provided by Effency’s partners, the provision of a coaching hotline or access to face-to-face training or MOOCs to increase the skills in the appropriation of collective efficiency tools offered by Effency and its partners.
These Services are provided on a Quotation basis, indicating the precise purpose and terms of the Services (e.g. number of people in the team, the tool used by the team i.e. Slack, Teams, Citadel or the Google suite, the options chosen by the Team Manager (team mapping debrief and name of the coach chosen, duration of digital coaching chosen, number of face-to-face coaching sessions if applicable and name of coaches chosen, purpose of the coaching).
Effency may offer any other Service that it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate, which will be the subject of an estimate presented to the Customer.
Price and payment terms
- TeamGether: the price of the Service provided by TeamGether and its JetPack is calculated by reference to the rates indicated on the Quotation on the day of the order, and paid according to the conditions set out in the Quotation.
- Short Test: the results of the Test are provided free of charge.
- Long Test and Team Analysis: the price of the Long Test and Team Analysis Service is calculated by reference to the rates indicated on the Quotation on the day of the order.
This price is due and payable at the time of acceptance of the quote, by any means of payment.
- Digital Coaching: the price of Digital Coaching is calculated by reference to the rates indicated on the Quotation on the day of the order, and paid according to the conditions set out in the Quotation.
- Services on Quotation: the price of these Services operated by EFFENCY or its partners, as well as the amount of any costs to be paid by the User (eg travel or accommodation) is indicated in the Quotation, and paid according to the conditions set in the quote.
The Services are subject to invoices that are communicated to the Customer by any useful means. They are payable by any useful means and in particular by bank transfer, upon receipt of the invoice.
- Delays and incidents of payment
The User is hereby informed and expressly accepts that any delay in payment of all or part of an amount due on its due date will automatically lead, without prejudice to the provisions of Article 15 and from the day following the due date of the invoice
- the immediate suspension of the Services in progress until full payment of all sums due by the User ;
- the forfeiture of the term in case of payment by installments of the Services;
- the billing to Effency of late interest at a rate of 3 times (three) the legal interest rate, based on the amount of the full amount due by the User and a flat fee of 40 (forty) € for collection costs, without prejudice to additional compensation if the collection costs actually incurred are greater than this amount.
The User acknowledges and expressly accepts :
- that the data collected on the Site and Effency’s computer equipment are proof of the reality of the operations carried out under this agreement,
- that these data constitute the main mode of proof accepted between the parties, in particular for the calculation of sums due to Effency.
The parties further agree that in the event of a dispute, the electronic documents exchanged between them (emails, text messages or i-messages) will be admissible in court and will constitute proof of the data and facts they contain.
Obligations of the User
Without prejudice to the other obligations set forth herein, the User agrees to comply with the following obligations.
- The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
The User is solely responsible for fulfilling all administrative, tax, social and personal data formalities that may be required in connection with the use of the Services. The User is also solely responsible for the content that he/she posts on his/her collaborative workspace on Slack, Teams, Citadel or the Google suite. Effency will not be held responsible for this content.
- Users who take the Test must answer all questions asked. If they fail to do so, the Test will not be completed and no results will be generated.
They must answer the questions truthfully, accurately and completely.
- Only the User concerned has access to the results of his Test. He/she is free to decide whether or not to publish these results and is solely responsible for any such publication.
- It is the responsibility of the Team Leader to have the Test taken by the Members of the Team he/she wishes to have analyzed.
- All Team Members and the Team Leader have access to the results of the Team Analysis during the Team Analysis Debriefing conducted by an Effency Partner Coach.
- The User agrees to make strictly personal use of the Services. The User shall not assign, license or transfer any or all of his/her rights or obligations under this Agreement to any third party in any manner whatsoever.
The User agrees to provide Effency with all information necessary for the proper performance of the Services.
- User agrees to actively cooperate with Effency in the performance of this Agreement.
The User shall not
- divert the Site or Services from their purpose as described in Article 3.1,
- Copy and/or misappropriate the concept, technologies, tests and more generally all or part of the data or any other element of Effency’s Services for your own purposes or those of third parties.
- monetize, sell or license all or part of the access to the Services or the Site and the information hosted and/or shared therein,
- Seek to disrupt, slow down or interfere with the operation of the Site, divert system resources or otherwise intrude upon or damage Effency’s equipment.
- The User acknowledges that the Services provide an additional, non-alternative means of testing and improving collaboration between individuals in a team environment and are not a substitute for any other means the User may have to achieve the same goal.
Responsibility and guarantee of the User
The User indemnifies Effency against any and all claims, demands, actions and/or demands that Effency may suffer as a result of the User’s breach of any of its obligations under the Agreement. The User agrees to indemnify Effency for any and all damages, costs, charges and/or judgments it may incur as a result.
The use of the Service provided by TeamGether and its JetPack requires that the collaborative work tools of the Users, including Slack, Teams, Citadel or the Google suite, are specifically configured by the Customer or the End User. To this end, EFFENCY has established and provides Users with a technical configuration guide for each of the collaborative work tools supporting TeamGether and its JetPack (hereinafter: “Technical Configuration Guide“), which is included in Annex 7.2 of these terms and conditions. The technical configuration and security are the responsibility of the Customer or the End User, if any, who must comply with the instructions contained in the Technical Configuration Guide to ensure the proper functioning of the application developed by EFFENCY, so that the latter can not be held responsible for the non-functioning of TeamGether and / or its JetPack in case of non-compliance by the User of the instructions provided.
Finally, the User is solely responsible for the content created and shared via TeamGether and its JetPack. The tool provided by EFFENCY is intended to facilitate the creation and simplify the dissemination of such content, without allowing EFFENCY to control such content, so EFFENCY can not be held responsible for the content of training courses created by its Users and Clients, stored in their digital library and disseminated to their Team Members and End Users, if any.
Effency's liability and warranty
- Effency undertakes to provide the Services diligently and in accordance with the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
- The Test is part of the purpose described in article 3.1 and constitute in this respect an element of appreciation among others.
The User is furthermore expressly informed and accepts that :
- The Test is oriented exclusively towards teamwork or collaboration. It does not focus on the individual as such or as a whole, but only on the way in which he or she collaborates with other people in a Team.
- The results of the Test are punctual and linked to the moment in which they were carried out. The same Test may therefore produce different results if it is repeated by the same User at a different time.
- Effency undertakes to maintain the confidentiality of the data collected during the Tests and to communicate the results of the Tests only to the persons designated in article 3 for each of the Services concerned.
With regard to the Team Analysis Service, it undertakes to ensure that the Analysis report deals with the Team as a whole and not with its members individually. However, Users are expressly informed and agree that it is possible in some cases for the results of the Team Analysis to indirectly identify personality traits of one or more members of the Team, especially when the Team is small. Effency does not guarantee that the Team results will not identify individual Team members.
- Effency undertakes to carry out regular checks to ensure that the Site is functioning and accessible. Effency reserves the right to temporarily interrupt access to the Site for maintenance purposes. Similarly, Effency shall not be held responsible for any difficulties or temporary impossibility of accessing the Site due to circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks.
- Effency does not guarantee Users that the Test Services, being standard and in no way offered solely to a given User according to his or her own personal constraints, will specifically meet his or her needs and expectations. It thus does not guarantee the relevance of the Tests for a given User.
- The Personalized Support Services are intended to provide keys and general operating principles to improve the efficiency of the collaboration between the different members of a Team or the collective efficiency of a team. They do not, however, constitute coaching services for the members of the Team, either individually or collectively.
- In any event, Effency’s liability under this agreement is expressly limited to direct damages incurred by the User.
The training courses, tests, systems, software, structures, infrastructures, databases and content of any kind (text, images, visuals, music, logos, brands, databases, etc.) used by Effency are protected by all intellectual property rights or rights of producers of databases in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Effency are strictly prohibited and may be subject to legal action.
However, the User will be the sole owner of all intellectual property rights related to the content and training courses created by the User using the TeamGether tool and its JetPack.
- Personal Data
Effency has a policy of protecting personal data, the characteristics of which are set out in the document entitled “Personal Data Protection Policy”, which the User is expressly invited to read.
- Use of data from the Tests for research and statistical purposes
The User is informed and agrees that Effency reserves the right to use anonymized Test data for research and statistical purposes.
Effency reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions to be determined by Effency.
Links and third party sites
Effency shall in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any of its partners including Teams, Slack, Citadel or the Google suite) which the User would access through the Site or as part of the services offered by EFFENCY on request.
Effency is not responsible for any transactions between the User and any advertiser, professional or merchant (including any of its partners such as Teams, Slack, Citadel or Google Suite) to which the User is directed through the Site and shall not be party to any disputes with such third parties regarding the delivery of products and/or services, warranties, representations or other obligations of such third parties.
The Customer expressly authorizes Effency to quote the Customer and to use the reproduction of its brand or logo as a commercial reference, in particular at events, in its commercial documents and on its website, in any form whatsoever.
Duration of the Contract
The Contract takes effect on the date of acceptance of the general terms and conditions defined in Article 2, for the duration necessary for the performance of the Services concerned.
Resolution for default
In the event of a breach by either party of any of its obligations under the Contract, the Contract shall be automatically terminated 15 (fifteen) days after receipt by the defaulting party of a formal notice, which has remained without effect, by registered letter with acknowledgement of receipt, mentioning the intention to apply the present clause, without prejudice to any damages that may be claimed from the defaulting party.
Applicable law and jurisdiction
- Rights required for the installation of the TeamGether application
- Receive messages and data provided by the user
- Send messages and notifications
- Access profile information, such as name, email address, company name and preferred language.
- Receive messages and data provided by team members in a channel
- Send messages and notifications in a channel.
- Access and use information about that team, such as its name, channel list and members (including their names and email addresses) to contact them.
- Access to External Web Pages For the proper operation of TeamGether, EFFENCY requires that access to websites whose URLs begin with the prefixes below be permitted: