Terms of Use

SAS Effency – RCS Paris 822320172

Siège social : 78 avenue de Flandre – 75019 Paris

Effective date: 22 September 2021

1. Purpose

These General Terms and Conditions (‘Terms and Conditions’) govern the supply of the services (‘Services’) offered by Effency (‘Effency’, ‘We’ or ‘Us’) and set out the parties’ rights and obligations in relation to the Services.

The Services are offered on the website test.effency.fr (the ‘Website’), on quotation (a ‘Quote’) or via the client’s collaborative workspace on Slack, Teams, Citadel or Google Workspace. Users of the Services are referred to as the ‘User’ or ‘You’.

The term ‘User’ or ‘You’ refers to the following persons:

– legal entities that have signed a Contract with Effency (‘Clients’);
– legal entities that provide individual Users with access to TeamGether as well as the content created by Clients or developed by Effency (‘End Clients’); and
– individuals who use the Services provided by Effency, namely individuals who use TeamGether – irrespective of the content proposed – and/or who take the Tests defined in Clause 3.3, Team Managers and Team Members.

A direct link at the bottom of the web page can be used to access and print these Terms and Conditions, which may apply in addition to special terms and conditions applicable to certain Services.

These Terms and Conditions, together with any Quote, special terms and conditions and annexes, form an inseverable contract (the ‘Contract’). In the event of conflict, the provisions of the higher-ranking document will prevail, in the following increasing order of priority:
– these Terms and Conditions;
– any special terms and conditions;
– any Quotes.

The Contract prevails over any other general or special terms and conditions not specifically approved by Us.

2. Acceptance

2.1 Acceptance of Terms and Conditions in order to use Services on the Website

In order to use the Services offered by Effency, take the Test defined in Clause 3.3 or place an order on the Website, You must accept these Terms and Conditions, by ticking a box on your registration or order form.

2.2 Acceptance of Terms and Conditions to place an order for Services according to a Quote

Unless stated otherwise, Quotes issued by Effency are valid for one month from the issue date. Any Quote that is not accepted by You within this timeframe will lapse. You may accept a Quote by signing it and sending it to Us by any appropriate means, including by e-mail.

By accepting a Quote, You will be deemed to have unreservedly accepted the version of these Terms and Conditions applicable on the date of acceptance.

2.3 General

These Terms and Conditions must be accepted in full; any qualified acceptance will be deemed null and void. You must agree to be bound by these Terms and Conditions in order to be able to use the Services.

3. Services

3.1 Purpose

The Services are intended for business use, as the tools and advice We offer (i) enable our Clients to create a personalised training program via JetPack and/or (ii) help ensure that team members complement each other and can work together. We therefore offer the following Services, in a form and according to the functionalities and resources (particularly technical) which We believe to be the most appropriate.

3.2 TeamGether and JetPack

We have developed and offer our Clients JetPack, a tool that can be used to create, distribute and manage content (‘JetPack’).

The Service enables Clients to use a variety of formats (text, images, videos, external links, activities, quizzes, multiple choice questions, etc.) to create personalised training programs tailored to their corporate culture. After helping You get started with JetPack, we will offer You tutorials and FAQs.

If You register for the Service, We will grant You access to our publisher and management licences and provide You with ongoing technical and operational support to help you install TeamGether and the TeamGether chatbot (‘TeamGether’) for each Team Member on Slack, Teams, Citadel or Google Workspace.

The training programs You create will then be distributed to End Clients or Team Members via TeamGether, on Slack, Teams, Citadel or Google Workspace, as determined by You (via an automated or non-automated system, to groups of people or to individuals, etc.).

You may also use JetPack to store and manage all of your training programs in your own library, which will be made available to the End Client or all Team Members. You may also opt to have access, in French and English, to a shared library of 2,700 collective efficiency programs and recommendations developed by Effency.

Details of the Services will be provided in a Quote, according to the package You decide to purchase.

Collective efficiency training programs include the Services below, including a personality test and team analysis.

3.3 Personality tests

We offer a short personality test (the test and a demonstration version are accessible via our website at https://test.effency.fr/le-test-individuel/) and a long personality test, which You may access via your collaborative workspace, on Slack, Teams, Citadel or Google Workspace (the ‘Short Test’ and the ‘Long Test’) in order to analyse the personality traits of individuals who work as a team.

In order to take a short Test, You do not need to register on the Website, but You must accept these Terms and Conditions.
The long Test is accessible via your collaborative workspace, on Slack, Teams, Citadel or Google Workspace.

The results of the long Test will be e-mailed to You at the address You provided on Slack, Teams, Citadel or Google Workspace. They will be sent solely to You, not to any third party. If a long Test is taken as part of a Team Analysis, the results will not be sent to the Team Manager or other Team Members, as defined below.

3.4 Team Analysis

A ‘Team Analysis’ can be used to analyse the personality traits of all members of a particular team (a ‘Team’), in order to assess how they might work together on that Team.

This Service must be ordered from Us or one of our accredited team coaching partners and managed by the relevant Team Manager (‘Team Manager’).

Once your order has been paid for, the Team Manager must contact Effency (team@effency.fr) or our relevant partner. This will trigger the installation of the Effency digital coach on the Team Manager’s workspace.

Team Members will then automatically be invited to take the long Test in their collaborative workspace.

The Test results for each Team Member will be sent exclusively to that Team Member, not to any other Team Member or the Team Manager.

When all Team Members have taken the Test, We will have access to a diagnosis of the team’s collaborative profile created on the basis of a summary of individual responses to the long Test (thus ensuring that individual results remain anonymous and confidential). The Team will then be given a debrief on this diagnosis during a session arranged with an Effency certified team coach.

The diagnosis, which will be presented at a special meeting held in person or by videocall, will solely concern the Team as a whole, not individual members.

3.5 Digital coaching

According to the results of the diagnosis debrief, and in agreement with the partner that created the diagnosis, We will make personal recommendations to the Team Manager and Team Members via Slack, Teams, Citadel or Google Workspace. These recommendations will be personalised according to the individual profile of each Team Member and the collaborative profile of the Team as a whole. The personal results of each Team Member will remain confidential.

3.6 Assistance review

During and after providing You with digital assistance, We will provide the Team Manager with information on the effectiveness of the measures put in place during the digital coaching sessions and on how many Team Members took part in the proposed programs.

3.7 Other Services

In addition to the above Services, You may choose to receive team coaching services provided by our partners or to have access to a coaching hotline or training in-person or via MOOCs in order to learn more about the collective efficiency tools offered by Effency and our partners.

You will be sent a Quote for these Services, containing information on the Services and the applicable terms (such as the number of Team Members, the tool used by the team, e.g., Slack, Teams, Citadel or Google Workspace, the options selected by the Team Manager (debrief on the diagnosis of the team’s collaborative profile and name of selected coach, period over which digital assistance will be provided, number of in-person coaching sessions (if applicable), name of selected coaches and the ongoing assistance that will be provided).

We may offer any other Service which We consider to be appropriate, in a form and according to the functionalities and resources (particularly technical) which We believe to be the most appropriate, in which case We will send You a Quote.

4. Financial terms

4.1 Price and payment terms

• TeamGether: the price of the Service provided by TeamGether and JetPack is calculated with reference to the prices included on the Quote on the day the order is placed and must be paid as stated on the Quote.

• Short test: Test results are provided free of charge.

• Long Test and Team Analysis: the price of the Long Test and Team Analysis Service is calculated with reference to the prices included on the Quote on the day the order is placed.
The price is payable on acceptance of the Quote, by any method of payment.

• Digital coaching: the price of the Digital Coaching Service is calculated with reference to the prices included on the Quote on the day the order is placed and must be paid as stated on the Quote.

• Services provided on quotation: Quotes include the price of the Services provided on quotation by Effency or our partners, any expenses (such as travel or accommodation) for which You are liable and the applicable payment terms.

4.2 Invoicing

Our Services are invoiced and are payable by any appropriate means – including by bank transfer – upon receipt.

4.3 Payment defaults and incidents

You are hereby informed and expressly accept that any failure to pay an amount owing to Us in full or in part on the due date will automatically result in the following, without prejudice to the provisions of Clause 15, from the day after the payment due date stated on the invoice:

i. immediate suspension of the Services in progress until You have paid the full amount due;

ii. if payment is due in instalments, all instalments will fall due immediately; and

iii. You will be charged default interest at three (3) times the statutory rate on the full amount owed by You as well as a debt collection fee of €40 (forty euros), without prejudice to any additional compensation that may be sought if the debt collection fee exceeds this amount.

5. Agreement on proof

You expressly acknowledge and accept that:

(i) the data collected on our Website and hardware will constitute proof of the transactions entered into in accordance with these Terms and Conditions; and

(ii) these data will constitute the main method of proof between You and Effency, particularly for the purpose of calculating the amounts owing to Us.

Furthermore, it is hereby agreed that in the event of a dispute, the electronic documents exchanged between You and Effency (e-mails, text messages or i-messages) will be admissible in court and will constitute proof of the data and facts they contain.

6. Your obligations

Without prejudice to the other obligations imposed under these Terms and Conditions, You agree to fulfil the obligations set out below.

6.1 You agree to use the Services in accordance with the laws and regulations in force and not to infringe any third-party rights or public policy provisions.

You are solely responsible for completing the administrative, tax, employment, social security and personal data formalities (if any) required in connection with your use of the Services and for the content You add to your collaborative workspace on Slack, Teams, Citadel or Google Workspace. We disclaim all liability and responsibility for the foregoing.

6.2 Users who take a Test must answer all questions. Otherwise, the Test will be incomplete and no results will be generated.

Users must answer the questions truthfully and exhaustively.

6.3 Test results will be sent exclusively to the relevant User, who may decide at their discretion whether or not to circulate them, on the understanding that they will be solely liable should they choose to do so.

6.4 The Team Manager must have the Team Members they wish to take part in the analysis take a Test.

6.5 All Team Members and the Team Manager may access the results of the Team Analysis during the team analysis debrief provided by an Effency partner coach.

6.6 You agree to use the Services solely for your own personal use. Consequently, You must not assign, grant or transfer some or all of your rights or obligations hereunder to a third party by any means.

6.7 You agree to provide Effency with the information needed to provide the Services. Generally, You agree to actively co-operate with Effency to ensure the smooth performance of the Services hereunder.

6.8 You must refrain from:

– using the Website or Services other than for the purpose described in Clause 3.1;
– copying the concept, technologies, Tests, data or other elements of the Services We provide and/or misusing them for your own personal gain or that of a third party;
– profiting from, selling or granting access to the Services, the Website or the information hosted and/or shared via the Services or on the Website; and
– attempting to suspend, slow down or prevent the smooth operation of the Website, misusing the system resources and hacking into or harming any Effency hardware.

6.9 You acknowledge that the Services offer an additional – not an alternative – solution to test and improve collaboration between individuals in the context of teamwork and that they are not a replacement for the other resources You may use in order to achieve the same objective.

7. Your liability and warranty

7.1 You must hold Effency harmless from and against any complaint, objection, action and/or claim made or taken against Us on account of a breach of any of your obligations under the Contract. You agree to compensate Effency for any damage or loss We may suffer and to pay Us any and all fees, costs, expenses and/or penalties that may be incurred by or imposed upon Us as a result.

7.2 The Client or End Client must specifically configure the collaborative tools – including Slack, Teams, Citadel or Google Workspace – used in order to access the Service provided by TeamGether and JetPack. We can therefore provide You with a technical configuration guide (‘Technical Configuration Guide’) drafted by Us for each collaborative tool that supports TeamGether and JetPack (see Annex 7.2). The Client or End Client is responsible for configuring and protecting their hardware in accordance with the Technical Configuration Guide to ensure that the application developed by Effency operates effectively. As a result, We disclaim all liability and responsibility for any issue affecting TeamGether and/or JetPack if You did not follow the instructions provided.

7.3 Lastly, You are solely responsible and liable for the content created and shared via TeamGether and JetPack. The tool provided by Effency is designed to facilitate the creation and simplify the distribution of such content, but it does enable Us to control such content. Accordingly, We disclaim all liability and responsibility for the content of the training programs created by Users and Clients that are stored in their digital library and distributed to their Team Members and End Clients.

8. Effency’s liability and warranty

8.1 We will provide the Services diligently and in accordance with industry standards, on the understanding that We are bound by a best endeavours obligation, not an absolute obligation, which You expressly acknowledge and accept.

8.2 The Test has been designed for the purpose stated in Clause 3.1 and is therefore intended for assessment purposes in particular.

You are also expressly informed of and accept that:
– the Test focusses exclusively on teamwork or collaborative work. It does not relate to a person as such or as a whole; only to the manner in which a person collaborates with other Team Members.

– Test results are limited and apply solely at the point in time at which the Test is taken. The same Test is therefore likely to produce different results if retaken by the same User at a later date.

8.3 We agree to keep all data collected through Tests confidential and not to disclose Test results other than to the persons stated in Clause 3 for each Service.

As regards the Team Analysis Service, We will ensure that the Analysis report concerns the Team as a whole, not its individual members. Users are however expressly informed and accept that, in certain circumstances, a Team’s results may indirectly identify the personality traits of one or more members of that Team, particularly if the Team is small. Therefore, We cannot guarantee that it will not be possible to identify members of the Team through Test results.

8.4 We will regularly check that the Website is operating effectively and is accessible. We therefore reserve the right to temporarily suspend access to the Website for maintenance purposes. Similarly, We disclaim all liability and responsibility should it be temporarily difficult or impossible to access the Website due to circumstances beyond our control, force majeure or a disruption affecting a telecommunications network.

8.5 We cannot guarantee that the Test Services, which are standard Services that are by no means offered solely for a specific User according to their own personal constraints, will fulfil a User’s needs and expectations. Therefore, We cannot guarantee that the Tests will be relevant for a particular User.

8.6 The personalised ongoing assistance Services are intended to provide the key points and general principles of the Services, in order to improve effective collaboration between Team Members or the overall effectiveness of a Team. However, they are not coaching services for individual Team Members or the Team as a whole.

8.7 Our liability under these Terms and Conditions is expressly limited strictly to any direct damage or loss suffered by You.

9. Intellectual property

9.1 The training programs, Tests, systems, software, structures, hardware, databases and content (text, images, visuals, music, logos, trade marks, databases, etc.) operated and provided by Effency are protected by the intellectual property rights and database developer rights in force. It is strictly prohibited to disassemble, decompile, decode, extract, re-use, copy or generally reproduce, publicly display, distribute and use the whole or part of any of these elements without Effency’s prior consent, failing which legal proceedings may be issued.

9.2 However, You will be the exclusive owner of all intellectual property rights relating to the content and training programs You create via TeamGether and JetPack.

10. Data

10.1 Personal data

We have implemented a privacy policy, details of which are contained in our ‘Privacy Charter’, which We invite You to read.

10.2 Use of Test data for research and statistical purposes

You are hereby informed and accept that We reserve the right to use anonymised Test data for research and statistical purposes.

11. Advertising

We reserve the right to include advertising and promotional messages on any page of the Website and in all communications with You, in a form and on terms chosen at our sole discretion.

12. Links and third-party websites

We disclaim all liability and responsibility for the technical availability of websites and mobile applications operated by third parties (including our partners, particularly Teams, Slack, Citadel and Google Workspace) which You access via the Website or when using the Services offered by Us.

We disclaim all liability and responsibility for the content, adverts, products and/or services available on such third-party websites and mobile applications, which are governed by the relevant terms of service.

We also disclaim liability and responsibility for transactions entered into between Users and any advertiser, whether a professional or a trader (including our partners, particularly Teams, Slack, Citadel and Google Workspace) to which Users are directed via the Website and will not be party to any dispute with such third parties concerning the delivery of products and/or services or the representations, warranties and other obligations by which such third parties are bound.

13. Business references

The Client expressly authorises Effency to quote the Client’s name and, if appropriate, to use the Client’s brand or logo in any form whatsoever as a business reference, particularly during events, in our sales and marketing literature and on our website.

14. Term

The Contract will take effect on the date of acceptance of these Terms and Conditions, as stated in Clause 2, for the period of time required to provide the relevant Services.

15. Rescission for breach of contract

In the event that either party breaches any of its obligations under the Contract, the Contract will be automatically terminated if formal notice sent to the defaulting party by registered letter (with acknowledgement of receipt), stating the intention to enforce this clause, remains without effect for 15 (fifteen) days following receipt thereof, without prejudice to any damages that may be claimed from the defaulting party.

16. Governing law and jurisdiction

These Terms and Conditions are governed by French law.

In the event of a dispute concerning the validity, interpretation and/or performance of these Terms and Conditions, the parties agree that, unless mandatory rules of procedure state otherwise, the courts of Paris will have exclusive jurisdiction to hear and decide the dispute.

Annex 7.2

Technical Configuration Guide (on Teams)

I. Introduction

TeamGether is a chatbot application developed by Effency that is interfaced with Microsoft Teams, as defined by Microsoft in their bot builder documentation

Accredited by Microsoft, TeamGether is available on the Microsoft Teams store in accordance with ‘Microsoft365 Security and Compliance’ standards. Effency is a Microsoft ‘approved publisher’.

II. Rights needed to install TeamGether

If users are prohibited from installing applications, Effency will need to call on an IT service provider that has the required installation and configuration rights to operate the application in collaboration with Effency.

III. Rights needed to use TeamGether on Teams

The client’s IT department must grant users the rights needed to operate TeamGether, i.e., the right to:
• receive messages and data provided by the user;
• send messages and notifications;
• access profile details (name, e-mail address, company name and preferred language);
• receive messages and data provided by team members via a channel;
• send messages and notifications via a channel; and
• access information concerning the team (team name, list of channels and members, including their name and e-mail address) and use that information to contact them.

By using TeamGether, users are accepting the Privacy Policy and Terms of Service.

IV. Access to external web pages

In order for TeamGether to operate effectively, permission must be given to access the websites whose URL begins with the following prefixes:
• https://service-test.effency.fr/
• http://www.effency.eu/
• https://survey.effency.fr/
• https://admin.effency.fr