Terms of use and service

Preamble

Care And Fly, a French simplified joint-stock company (société par actions simplifiée) with share capital of €1,000, registered with the Paris Trade and Companies Register under number 995 223 443, whose registered office is at 30 boulevard de Sébastopol, 75004 Paris, France (“Care & Fly”) designs and operates Bernadette, a digital awareness and micro-learning service focusing in particular on psychosocial-risk prevention, mental health at work, and quality of working life and conditions.

These terms govern access to and use of the services by professional customers, their administrators and users. Bernadette is an educational tool. Unless a separate service is expressly agreed, it is not a medical act, diagnosis, treatment, psychotherapy, medical device or emergency service.

Article 1 — Definitions

Administrator, Order Form, Customer, Care & Fly Content, Customer Content, Aggregated Data, Documentation, Customer Environment, AI Feature, Services and User have the meanings set out in the relevant order form, documentation and these terms.

Care & Fly Content includes Bernadette, the Preventive Dialogue® method, learning paths, scenarios, illustrations, characters, questionnaires, interfaces, software and documentation. Aggregated Data is grouped under rules intended to prevent reasonable attribution to a user; pseudonymised data is not anonymous merely because it is pseudonymised.

Article 2 — Purpose, acceptance and contract documents

The contract governs the ordering, deployment and use of the services. The customer accepts it by signing or approving an order form, ordering online or, failing that, authorising first access. The accepting person represents that they have authority to bind the customer.

The contract consists of the order form, data processing agreement, expressly accepted service or security schedules, these terms and the documentation. The data processing agreement prevails for data-protection matters, followed by the order form and the remaining documents in that order.

Article 3 — Eligible customers and users

The services are for professional customers only. Unless otherwise agreed in writing, users must be adults. The authorised territory is stated in the order form; deployment in another country requires prior review of language, employment, health, regulatory and data-protection requirements.

Article 4 — Orders, deployment and trials

Each order identifies the offer, scope, users, duration, price and expected availability date. Timelines depend on the customer’s timely cooperation, including the information, approvals, integrations and internal procedures required for deployment.

Trials, pilots and free access are limited to the agreed scope and period. Unless specified, they may be discontinued at any time and must not contain sensitive data or support a critical activity.

Article 5 — Subscription, term and renewal

The contract starts on the date stated in the order form or its acceptance. If no term is specified, the initial term is twelve months. Unless otherwise agreed, it renews for successive periods of the same length, capped at twelve months, unless either party gives written notice at least thirty days before expiry.

A licence is assigned to a named user and may not be shared or repeatedly reassigned to circumvent the subscribed scope. Excess use may lead to regularisation, additional charges or limits on new access after reasonable notice.

Article 6 — Price, invoicing and payment

Prices are stated in euros excluding tax. Unless otherwise agreed, subscriptions are invoiced in advance and invoices are payable within thirty days. Late payment gives rise to the penalties required by Article L. 441-10 of the French Commercial Code and the statutory €40 recovery-cost indemnity, without prejudice to evidenced additional recovery costs.

Invoice disputes must be reasoned and raised within fifteen days; undisputed amounts remain payable. Renewal price changes are notified at least sixty days before expiry.

Article 7 — Description and provision of the services

Care & Fly provides the services in accordance with the order form and documentation, exercising the skill and care reasonably expected from a digital and learning-design professional. Learning paths may use Preventive Dialogue®, scenarios, micro-content, questions, quizzes, reminders and signposting resources.

Customer-specific content is included only after customer approval. The services qualify as regulated vocational training with related evidence only where the order form expressly provides for it.

Article 8 — Accounts, administrators and access

The customer provides accurate information, invites only authorised persons, protects access and promptly removes obsolete rights. Accounts are personal. Administrators are appointed under the customer’s responsibility and should receive least-privilege access.

By default, the customer cannot access individual dialogue content or answers that may reveal a user’s health or distress. Exceptional support access must be necessary, authorised, logged and time-limited.

Article 9 — Integrations and customer environment

The customer authorises the interactions needed with enabled third-party services and warrants that it holds the necessary rights. Those services remain governed by their own terms. The customer configures channels, groups, permissions, retention and security in line with the expected confidentiality level.

Article 10 — Permitted and prohibited use

Subject to payment and compliance, the customer receives a limited, non-exclusive, non-assignable and non-transferable right to allow users to access the services for internal professional purposes.

• Do not use Bernadette as an emergency channel, mandatory reporting mechanism, medical consultation or basis for a high-impact professional decision.
• Do not harass, threaten, discriminate, impersonate or introduce unlawful content or content infringing another person’s rights.
• Do not bypass access controls, access another person’s data, disrupt the service, introduce malware or run unauthorised security tests.
• Do not scrape content, reverse engineer, reveal internal instructions or use the service to develop a competing product.
• Do not intentionally submit health data or other highly sensitive data outside an expressly authorised and governed configuration.

Article 11 — Mental health, psychosocial risks and emergencies

Bernadette is not a medical or emergency service and exchanges are not continuously monitored by a professional. In an immediate emergency in France, call 15 or 112. For distress or suicidal thoughts, call 3114 free of charge, 24/7. Outside France, use local emergency services and resources.

The service complements but does not replace the customer’s duties concerning prevention, work organisation, risk assessment, information, training, occupational health and alert handling. Participation, answers or inferences must not be used to make an adverse decision about an individual.

Article 12 — Artificial-intelligence features

The version of Bernadette covered by these terms does not use AI to generate content based on user answers, analyse answers or assess mental health. The interface relies on predetermined content, scenarios and learning rules.

Any future AI feature affecting this scope will be notified in advance and, where it changes agreed processing or risk, will require the customer’s express approval before activation.

Article 13 — Workforce deployment duties

Before deployment, the customer clearly informs users about purposes, whether participation is mandatory or optional, data, recipients, retention, rights and what the employer can and cannot see. It determines the legal basis, completes applicable workforce procedures and ensures proportionality.

The customer must not conduct permanent surveillance, conceal use, correlate data with individual performance, or retaliate because of participation, answers, requests for help or the exercise of rights.

Article 14 — Customer content, usage data and feedback

The customer and users retain their rights in submitted content. The customer grants Care & Fly the technical permission strictly necessary to host, transmit, adapt and process that content to provide, secure and support the services.

Care & Fly may process logs, security events and usage data required for operation and may use irreversibly anonymised data to improve learning paths and produce global statistics. Feedback may be used without disclosing confidential information or identifying the customer without consent.

Article 15 — Intellectual property

Care & Fly and its licensors retain all rights in the services, Care & Fly Content, Preventive Dialogue®, software, interfaces, trademarks, visual assets and improvements. Access does not grant a right to reproduce, adapt, translate, distribute, publish or commercially exploit them unless expressly agreed.

Neither party may use the other’s name, logo or trademark externally without prior written approval, except where strictly necessary or required by law.

Article 16 — Confidentiality

Each party protects the other’s non-public information, uses it solely to perform the contract and discloses it only to persons who need to know and are bound by appropriate duties. Standard exclusions apply to information already public, legitimately known, lawfully received from a third party or independently developed.

Confidentiality survives for five years after the contract and for as long as necessary for trade secrets, personal data or information whose disclosure would remain unlawful or harmful.

Article 17 — Personal data

Each party complies with Regulation (EU) 2016/679 and the French Data Protection Act. The customer generally acts as controller and Care & Fly as processor for processing performed on customer instructions to provide the services. Care & Fly acts as controller for its own prospect, contract, billing, security and legal-claim processing.

The services are configured to minimise data. Standard paths do not require sensitive data, and Care & Fly neither sells user data nor uses it for third-party behavioural advertising. Further information is provided in the data protection policy and applicable data processing agreement.

Article 18 — Security

Care & Fly applies technical and organisational measures appropriate to risk and subscribed scope without claiming certifications it does not hold. The customer secures its environment, manages rights and leavers, protects devices and follows documented recommendations.

Each party informs the other without undue delay of an incident that may affect services or data. No system can be guaranteed vulnerability-free; this does not reduce duties of care, remediation and notification.

Article 19 — Availability, maintenance and support

Care & Fly uses reasonable efforts to keep the services available. Quantified availability or service credits apply only if expressly agreed. Planned maintenance is notified where reasonably possible; urgent maintenance may occur without notice to protect security or integrity.

Article 20 — Service changes

Care & Fly may change interfaces, content, architecture and features to improve experience, security, accessibility, compliance or performance. During a fixed term, an essential feature will not be removed without a reasonably equivalent replacement, customer agreement or a right to terminate the affected part with a pro-rata refund.

Article 21 — Warranties and functional limitations

Care & Fly warrants substantial conformity with the documentation for compliant use and will use reasonable efforts to correct reproducible non-conformities properly reported. If a material non-conformity is not remedied within a reasonable period, the customer may terminate the affected part and receive a pro-rata refund.

Care & Fly does not guarantee adoption, individual learning outcomes, elimination of psychosocial risk, reduced absence or the customer’s overall legal compliance.

Article 22 — Third-party services, content and links

Third-party resources, websites, content and services remain governed by their own terms. Their inclusion is not a general endorsement. Care & Fly may remove a resource that becomes unlawful, dangerous, obsolete or incompatible.

Article 23 — Third-party claims

Subject to prompt notice, control of the defence and reasonable cooperation, Care & Fly will defend a claim that compliant use of the services in the EEA infringes third-party intellectual property. It may secure continued use, modify or replace the item, or terminate the affected part with a pro-rata refund.

The customer is responsible for claims resulting from its content, unlawful instructions or deployment, prohibited workforce surveillance or decisions, or information duties for which it is responsible.

Article 24 — Liability

Each party is liable for direct, certain and foreseeable loss caused by a proven breach. Subject to liabilities that cannot be limited, aggregate liability in any twelve-month period is capped at the net amount paid or payable for affected services in the twelve months before the first event. The cap is doubled for confidentiality, data-protection or security breaches and Care & Fly’s intellectual-property indemnity.

Caps do not apply to customer payment obligations, fraud, gross negligence, death or personal injury, or liability that may not legally be limited.

Article 25 — Suspension

Care & Fly may suspend access to the extent necessary to prevent serious risk, stop clearly unlawful use, comply with law, address compromise or persistent non-payment following formal notice. Suspension is proportionate, time-limited and lifted when its cause ends.

Article 26 — Termination and expiry

Either party may terminate for a material breach not remedied within thirty days after formal notice, reduced to fifteen days for non-payment. No cure period is required where cure is impossible, use is clearly unlawful or serious and immediate risk requires action.

On termination, access ends and accrued charges remain due. For thirty days, the customer may request an export of data it is entitled to receive in a reasonably available format; data is then deleted or anonymised in accordance with the processing agreement and backup cycles.

Article 27 — Force majeure

Neither party is liable for failure caused by an event meeting Article 1218 of the French Civil Code, provided it promptly informs the other and reasonably mitigates the effects. If the event lasts more than sixty days and substantially deprives a party of the contract’s benefit, either may terminate the affected part.

Article 28 — Changes to the terms

Care & Fly may amend the terms to reflect service, legal, security or organisational changes. A material change is notified at least thirty days in advance. A materially adverse change generally applies at renewal unless a legal requirement or serious risk justifies earlier application.

Article 29 — Communications, evidence and electronic signature

Operational notices may be sent to designated contacts. Formal notices of breach, termination or non-renewal must use a method evidencing receipt. Logs, timestamps, online approvals, emails and electronic records kept under reasonable conditions may serve as evidence. Electronic signatures have the effect recognised by applicable law.

Article 30 — Assignment and subcontracting

Neither party assigns the contract without written consent, except in a restructuring or transfer of the relevant business subject to assumption of obligations. Care & Fly may subcontract while remaining responsible to the customer; data processors are governed by the data processing agreement.

Article 31 — General provisions

Invalidity of one term does not affect the remainder. Forbearance is not waiver. The contract creates no partnership, general agency, employment relationship or exclusivity. Each party complies with laws applicable to its activities.

The French version prevails. Any translation is provided for convenience unless expressly agreed otherwise.

Article 32 — Governing law and disputes

The contract is governed by French law. Before proceedings, the parties will attempt in good faith to resolve a dispute for thirty days following detailed notice, without preventing urgent or protective relief.

For customers qualifying as traders under French law, disputes fall within the exclusive jurisdiction of the Paris Economic Activities Court, subject to mandatory rules. Ordinary jurisdiction rules apply to other customers and public bodies.

Article 33 — Contact details

Registered office: Care & Fly, 30 boulevard de Sébastopol, 75004 Paris, France. Business, support and data-protection contact: contact@careandfly.eu. Online terms: https://www.careandfly.fr/en/terms. Data protection policy: https://www.careandfly.fr/en/privacy.

Schedule — Personal data processing

Where Care & Fly processes data for the customer, it acts only on documented instructions, limits purposes, binds authorised staff to confidentiality, applies appropriate measures, governs subprocessors, assists with rights, impact assessments and breaches, and returns or deletes data at the end of processing.

The customer remains responsible for lawful purposes, notice, legal basis, minimisation, accurate user lists, administrator rights and governance of sensitive data. Details of processing, retention, locations, subprocessors and deployment-specific measures are set out in the signed order form and processing agreement.

Schedule — Bernadette user charter

Bernadette provides short educational exchanges and exercises. Users may follow paths, ask for explanations, use signposting resources, exercise their rights and leave the exchange to seek human help.

• Do not submit an emergency, immediate threat or report requiring human intervention.
• Do not unnecessarily identify a colleague or third party, or disclose medical data, passwords, trade secrets or confidential documents.
• Do not access another person’s data, bypass safeguards or use Bernadette to harass or distribute unlawful content.
• In France, call 15 or 112 in an emergency and 3114 for distress or suicidal thoughts. Outside France, use local emergency services and resources.