Terms of Use and Sale

Rules for access to and use of the Services.

The Services enable the creation of behavioural assessments, inviting individuals to respond, and generating analysis reports. The Services are intended exclusively for professional customers (companies, recruiters, firms, consultants, training or career-guidance organisations) acting in the course of their business. They are not intended for consumers.

Access requires creating an account. The customer warrants the accuracy of the information provided and the confidentiality of their credentials.

The Services rely on a multi-tenant architecture: each account only has access to its own data. An account may include differentiated roles:

• an account administrator, who manages users, folders and settings;
• restricted users, limited to the folders assigned to them.

The customer is responsible for managing authorisations within their account and for use by their users.

The customer undertakes to use the Services fairly. To preserve platform security and availability, usage limits apply, including:

• 500 emails per day per account;
• 300 PDF report generations per day;
• 20 assessment creations per day per IP address on the public portal.

These thresholds may be adjusted by the Publisher for technical or security reasons. Any circumvention, unauthorised automated use, attempt to compromise service integrity or fraudulent use may result in account suspension.

A public API (v1) is made available, authenticated by key (Bearer token) and subject to rate limiting. The integrator is responsible for:

• the confidentiality and proper use of their API key;
• the compliance of their integration and of processing carried out via the API;
• compliance with quotas and these terms.

The Publisher may revoke a key in case of abusive use, persistent quota overrun or breach of these terms.

The “Lead Portal” option provides a public link through which any person may start an assessment. When the customer activates this portal, they are the data controller for the data thus collected and undertake to provide data subjects with the required information (purpose, legal basis, rights) and, where applicable, to obtain their consent. The Publisher acts as a processor under the conditions of Annex 1.

All Services, report content, methods, texts, visuals, databases and code remain the exclusive property of the Publisher. The analytical content of the reports (hundreds of thousands of characters per language, available in several languages) is an asset protected by copyright and database rights.

The customer is granted a personal, non-exclusive and non-transferable right to use the generated reports for their internal professional needs and for sharing with assessed individuals. Except with written authorisation, the following are prohibited: resale, redistribution to unrelated third parties, substantial extraction, reproduction or reuse of the content to build a competing service.

The notices “T8® certified report” and the trademarks DISCpro® and T8® may not be removed or altered, subject to the White label option below.

The “Partner” option allows the customer to place their own logo on reports. This is a display customisation only and does not transfer any rights in the content, method or trademarks of the Publisher. The customer warrants that they hold the rights in the elements (logo) they integrate.

The Services are provided “as is” under an obligation of means. No service level (SLA) is guaranteed unless otherwise agreed in writing. The Publisher shall not be liable for unavailability, interruptions or losses resulting from causes beyond its control (host, network, force majeure).

To the extent permitted by law, the Publisher’s aggregate liability for all claims is limited to the amounts actually paid by the customer in the twelve (12) months preceding the event giving rise to liability. The Publisher is not liable for indirect damages.

The customer remains solely responsible for their use of the reports and the decisions they take; reports are only a decision-support tool (see Privacy Policy, §5).

The Publisher may suspend or terminate access in case of breach of these terms, abusive use or non-payment. The financial terms of termination are set out in Part B.

Commercial terms for paid plans.

Prices are stated exclusive of tax (excl. VAT), in euros. Current plans are:

API credit cost: create assessment = 1 · retrieve profile = 1 · generate PDF report = 4.

The Publisher may change its prices; new prices apply to orders and renewals after they take effect.

Payment is made exclusively online by card via Stripe Checkout. The order becomes firm upon payment validation. Subscriptions renew automatically at term, unless terminated under the conditions below.

Adding users (Team): adding an additional user is billed pro rata via Stripe Checkout. When the pro rata amount is under €0.50, the addition is made free of charge until the next billing cycle.

• Customers established in France: French VAT at 20%.
• Professional customers established in the EU with a valid intra-EU VAT number (checked via VIES): reverse charge (Art. 196 of Directive 2006/112/EC); VAT is due by the recipient.
• Customers established outside the EU: exemption under Article 259-1 of the French Tax Code, where applicable.

Corresponding mentions appear on invoices.

Invoices are issued by the Publisher under sequential numbering (format FA-xxxxx) and made available to the customer. They are denominated in euros.

Purchased credits are valid for 12 months from the acquisition date. After that period, unused credits expire and are neither refundable nor transferable.

As the Services are provided to professional customers in the course of their business, and concern digital content whose performance begins upon order, the consumer right of withdrawal under the French Consumer Code does not apply. The professional customer expressly waives any such right, should they claim to be entitled to it.

Amounts paid are not refundable, except where required by law or as a discretionary commercial gesture by the Publisher. Where applicable, a Stripe refund gives rise to a credit note.

The customer may terminate their subscription from their workspace or by written request; termination takes effect at the end of the current period already paid and not refunded.

If switching from a subscription plan to credit-based use, or upon subscription termination, the credit balance associated with the subscription is reset to zero. This consequence is brought to the customer’s attention at the time of the operation.

In case of non-payment, the Publisher may suspend access after a formal notice remains unanswered.

Neither party may be held liable for a failure resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code.

These terms are governed by French law. The French version prevails. Any dispute falls under the exclusive jurisdiction of the Commercial Court of Valenciennes, notwithstanding multiple defendants or third-party claims.

This annex frames the processing, by the Publisher (processor), of personal data on behalf of the customer (controller), in connection with the Services. It prevails over any conflicting CGU/CGV clause regarding data protection.

The customer determines the purposes and means of processing data of assessed individuals collected via the Services; they are the controller. The Publisher processes these data only on the customer’s documented instructions and for performing the Services.

The Publisher remains an independent controller for user account data and billing (see Privacy Policy).

• Nature and purpose: collecting answers, computing and generating behavioural profiles and reports, making reports available and sharing them.
• Categories of individuals: candidates, employees, assessed individuals invited by the customer.
• Categories of data: identity (first name, last name, email, phone), professional context (job title, company), questionnaire answers and behavioural profile (up to 50 facets, DISC profile). No special-category data (Art. 9) are required.
• Duration: duration of the contractual relationship and applicable retention period (24 months by default, unless otherwise instructed by the customer — see §6).

The Publisher undertakes to:

• process data only on the customer’s documented instructions;
• ensure confidentiality (authorised staff bound by confidentiality);
• implement appropriate security measures (Art. 32): secret encryption, multi-tenant segregation, role-based access control, logging, rate limiting;
• assist the customer, insofar as possible, in responding to data-subject requests;
• assist the customer with security, breach notifications and, where applicable, DPIAs (Arts. 32 to 36);
• notify the customer of any personal data breach without undue delay after becoming aware of it;
• at the customer’s choice, delete or return data at the end of the Services, and delete existing copies unless a legal retention obligation applies.

The customer authorises the Publisher to use the sub-processors listed in the Privacy Policy (§7: OVH, Cloudflare, Stripe, ElasticEmail, Google/LinkedIn, VIES). The Publisher informs the customer of any intended addition or replacement of a sub-processor, allowing the customer to object. The Publisher imposes equivalent protection obligations on sub-processors.

Any transfer outside the EU is framed by appropriate safeguards (European Commission Standard Contractual Clauses and/or Data Privacy Framework), a copy of which may be provided on request.

Unless otherwise instructed by the customer for their own GDPR compliance, assessed individuals’ data are retained for 24 months from completion of the assessment, then deleted or anonymised. The customer may request a different period, or early return or deletion of data concerning them.

The Publisher provides the customer with reasonable means to respond to access, rectification, erasure, restriction, objection and portability requests from assessed individuals. When an assessed individual contacts the Publisher directly, the Publisher informs the customer and relays the request.

The Publisher makes available to the customer the information necessary to demonstrate compliance with Article 28 and allows reasonable audits, under conditions that preserve the security and confidentiality of other customers (multi-tenant architecture).