Our solutions
Updated on October 13, 2022
Welcome to the general terms and conditions of sale (the "GTC") of LearnyBox SARL, a company registered in the Nîmes Trade and Companies Register under number 815 310 131, with its registered office at 34000 Montpellier (France), 1025 Rue Henri Becquerel, Bat 16, represented by Mr. Marc-Antoine Serfaty, its legal representative (hereinafter referred to as "LearnyBox").
ARTICLE 1. Definitions
The GTC govern the terms and conditions of sale and use of the dematerialized services offered through the training creation, hosting, and sales software, which is a SaaS solution developed by LearnyBox in the form of an "all-in-one" LMS platform that allows users to transmit, deliver, and sell their knowledge, experience, and passions on the internet (the "Solution").
This Solution, called LearnyBox, is accessible via the website accessible from the URL "https://learnybox.com/" (the "Website") from the "log in" tab, and LearnyBox also provides a login link to its customers.
The "Customer(s)" refers to any natural or legal person, whether a professional, non-professional, or consumer within the meaning of consumer law, who accepts the GTC in order to subscribe to the Solution and create an account on the Site (a "Subscription").
The Subscription can be taken out according to different packages offering varying degrees of access to the Solution's features, which are tailored to the possible profiles of customers (the "Packages"). The exact content of each of the Packages and their respective prices are detailed on the Site (https://learnybox.com/tarifs/).
The Subscription allows the Customer to grant access to its content and training materials to its own prospects and customers (its "Members").
These Packages are offered in the form of monthly subscriptions with no commitment or time limit, or in the form of annual subscriptions (commitment for a fixed period of one year) to the Solution. These subscriptions are renewable by tacit agreement for the period for which they were taken out, i.e. each month or each year.
For more information about the Solution, you can also consult our help pages (https://learnybox.com/help/). Any questions or complaints can be sent by email to: contact@learnybox.com.
ARTICLE 2. Scope
The Customer's confirmation of the order on the Website implies acceptance of the GTC, which must be read and accepted before confirming the order. The Customer checks a box indicating that they unreservedly accept the GTC before paying for their Subscription.
The GTC are dated, accessible, and printable at any time on the Website at https://learnybox.com/terms-conditions/. The GTC in force on the Website at the time of the Customer's order prevail over any other version or any other contradictory document.
The Customer declares that they are capable of entering into a contract under French law or any other law to which they are subject. Any person taking out a Subscription for a legal entity guarantees that they are validly representing the person for whom they are committing.
Any minor who is not emancipated or any person who for any other reason lacks the capacity to enter into contracts guarantees to LearnyBox that their purchase is made under the supervision of a parent or legal guardian and with their prior express authorization.
The Professional Customer guarantees compliance with these GTC for all of its employees, representatives, and agents.
The data provided or generated by the Customer and recorded by LearnyBox on the Website and the Solution constitute proof of the transactions and terms governing the relationship between LearnyBox and the Customer.
Upon request, LearnyBox shall provide Customers with a durable copy of the T&Cs in force at the time of their order, if they have been modified on the Website in the meantime.
Headings, non-waiver, and partial invalidity
The headings of the articles, sub-articles, or paragraphs of the GTC are for convenience only and do not affect the meaning of the provisions to which they refer.
The fact that LearnyBox or the Customer does not invoke a commitment by the other party to any of the obligations referred to in these GTC shall not be interpreted in the future as a waiver of the obligation in question.
At the end of the Customer's Subscription, all legal obligations or clauses which, by their nature, survive the contract shall not be affected by said termination.
If any provision of the GTC is found to be invalid by virtue of a law, regulation, or court decision, it shall be deemed unwritten. However, the other provisions of the GTC shall remain in force and unchanged.
Applicable law and language
The Site and the Solution are provided in French.
The GTC are governed by French law and LearnyBox does not guarantee compliance with regulations applicable outside France.
The GTC are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 3. Pricing conditions
Subscription Price
The various Plans are provided at the prices listed on the Website when the order is registered by LearnyBox. Prices are expressed in euros, excluding taxes (HT), and are subject to value added tax (VAT) at the rate in effect at the time of the order.
The subscription price including all taxes is indicated in the "Total" line on the order page.
The price and duration of the Plans may vary depending on the type of Subscription selected by the Customer (monthly, annual).
LearnyBox reserves the right to offer promotional offers or price reductions on the Solution and to revise its offers and prices under the conditions provided for in the GTC.
Payment methods
Unless otherwise stated, orders can be paid for by credit card, PayPal, or direct debit using the GoCardLess system, which are secure online payment services provided by third parties to LearnyBox.
Payment is made by direct debit from the credit card number provided or by SEPA direct debit, depending on the payment method chosen.
The Customer guarantees that they have the necessary funds and authorizations to use the payment method they select and undertakes to take the necessary measures to ensure that the Subscription price can be debited in the absence of termination before the end of the current period.
If necessary, the Customer shall inform LearnyBox in good time of any changes to the information provided when placing their order so that the Subscription fee can be paid correctly after the order (or after the trial period, if applicable) and at the start of the renewed period.
Payments made by the Customer shall only be considered final after LearnyBox has actually received the amounts due - any billing period that has begun is due.
Order
After selecting the Package and type of Subscription they wish to subscribe to, the Customer shall provide LearnyBox with the information necessary to supply the Solution at the time of ordering, and shall be solely responsible for ensuring that this information is accurate (surname, first name, address, email, telephone number).
Business Customers must provide their company name and intra-community VAT number. The Customer guarantees LearnyBox against any false identity.
The Customer chooses the name of the website they wish to create using the Solution, and may change this setting at a later date.
The content of the Package and the type of Subscription (monthly, annual) selected by the Customer, as well as the price and any free trial period they are entitled to, are summarized on the order page, and the Customer may modify their choices by returning to the Website.
The Customer acknowledges that, prior to confirming their order, they have received sufficient information and advice from LearnyBox to ensure that the Package and Subscription type they have selected are appropriate for their needs.
The Customer selects the payment method they wish to use to pay for the order. The Customer must accept the GTC to confirm this first order page by clicking once on "confirm order."
The Customer then enters their bank details and confirms their intention to pay by validating their payment information. The Customer's second click (or last click, depending on the payment method selected) finalizes the Subscription order.
Immediately after placing the order and within 48 hours at the latest, the Customer receives (i) an email confirming receipt of their order with the information required by law and (ii) a login and password to access the Solution at the email address they provided.
Payment for the order
In the absence of a free trial period when the account is created or any other special offer that would defer the payment date, the price is paid at the time of ordering and then at the beginning of each new renewal period of the Subscription.
Important: By providing payment information (billing details, bank details, or credit card number) at the time of ordering, the Customer agrees to be charged at the beginning of the initial or renewed Subscription period (annual or monthly) in order to access the Solution.
The day and month of the first payment date is retained for the payment of subsequent installments (monthly or annual).
If LearnyBox offers to pay the total Subscription price in several installments, this is not a non-binding payment, but a payment schedule for the price of the Solution during the Subscription period.
The Customer guarantees the validity of the bank details during this Subscription period, which is stated in the order summary.
The Customer may request invoices from LearnyBox.
It is not possible to create multiple accounts with the same credit card, unless prior agreement has been obtained from LearnyBox.
Any request to cancel a direct debit in the absence of termination of the Subscription may result in LearnyBox taking legal action to recover the sums owed by the Customer under their Subscription.
For business Customers, any amount not paid within thirty days will be increased by a rate equal to three times the legal interest rate in force plus ten percentage points, and a fixed compensation fee of €40 for recovery costs will be due in accordance with the conditions provided for in the Commercial Code.
Right of withdrawal
The Customer has a period of fourteen clear days, starting from the first hour of the first day following the date of conclusion of the contract, to exercise their right of withdrawal without having to justify their reasons or pay any penalties.
When the fourteen-day period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day.
In the event of withdrawal by the Customer, LearnyBox will refund all payments received in respect of their Subscription to the Solution no later than fourteen days after LearnyBox receives the Customer's decision to withdraw.
LearnyBox will make the refund using the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means; except in the following case, this refund will not incur any costs for the Customer.
Customers who exercise their right of withdrawal for a Subscription whose performance has begun, at their express request, before the end of the withdrawal period shall pay LearnyBox an amount corresponding to the service provided until the communication of their decision to withdraw; this amount shall be proportionate to the total price of the service agreed in the Customer's Subscription.
If the total price is excessive, the appropriate amount shall be calculated on the basis of the market value of what has been provided.
The Customer may request a refund by registered letter with acknowledgment of receipt only, to the following address: LearnyBox SARL - 1025 Rue Henri Becquerel, Bat 16, 34000 Montpellier – France. The date of dispatch of the registered letter shall be taken as the date of exercise of the right of withdrawal.
In their letter, the Customer may use the form below, but this is not mandatory. Refund requests received by email will not be processed.
MODEL WITHDRAWAL FORM:
For the attention of LearnyBox SARL - 1025 Rue Henri Becquerel, Bat 16, 34000 Montpellier – France
I hereby notify you of my withdrawal from the contract for the provision of services below:
Selected subscription plan:
Subscription type (monthly/annual):
Ordered on (see date of order confirmation email):
Date of the payment for which a refund is requested:
Consumer name:
Consumer's address:
Date:
Signature:
Free trial period
As a welcome offer, LearnyBox reserves the right to offer a free subscription period, but this is not mandatory. This offer is valid for a period determined at the time of order, starting from its validation by LearnyBox.
Failure to use the access codes for the Solution does not delay the start of the trial period.
The Customer must have previously entered their bank details and accepted the Terms and Conditions.
Important: The Customer will not be billed for the Solution trial offer, but their registration on the Site will automatically be converted to a paid Subscription at the end of the trial period. The trial period begins on the day the order is validated and is calendar-based (every day counts).
Any payment due after the end of the free trial period will not be refunded, even if the Customer has not logged into their account since the end of the trial period.
During the trial offer and before any payment is taken, the Customer may terminate their Subscription by unsubscribing from their dedicated space on the Solution before the end of their trial period. Their Subscription will then be automatically canceled and their card will not be debited.
The Customer is reminded that they may also exercise their right of withdrawal during the trial period, and beyond if the legal withdrawal period is longer, under the conditions provided for in the GTC.
The Customer is advised that requests to cancel a Subscription by email or ticket will not be processed, even during the free trial period.
Customers who have already taken advantage of a free trial period for the Solution are not eligible for another trial period, even for a new Package, unless otherwise specified on the Website.
LearnyBox takes into account the registration history linked to an email address, banking information, or a training platform URL created on the Solution to determine eligibility for the trial offer.
Any change of Plan during the trial period does not affect the duration of this period, which continues to run. In the event of a change to a higher Plan, the Customer is notified that they will be charged the rate in effect on the Site at the end of the trial period.
Special offers
Other special offers may be offered on an exceptional and temporary basis by LearnyBox on the Site or in partnership with a third party. Special Subscription offers are valid only for the duration of the promotion as specified on the Site and under the specific conditions provided on the Site.
The conditions applicable to special offers (special payment terms, price reductions, commercial guarantees, etc.) are summarized on the order page.
LearnyBox reserves the right to subject special offers to specific conditions that must be read and accepted by the Customer at the time of ordering, which supplement or replace the GTC.
The Customer is advised that LearnyBox reserves the right to make special offers reserved for new customers that cannot be combined with offers for people who have already benefited from a promotion or free trial period in the past, or that cannot be used by Customers with a current Subscription.
The "Learny Discovery" package is exclusively reserved for new LearnyBox customers. As such, customers who registered with LearnyBox before October 14, 2019, are not eligible for the "Learny Discovery" package.
"Done for You" and "Coaching" support
The Plans/offers may include support in addition to access to the Solution, which may include online training and personalized consulting services ("Coaching") and personalized implementation services ("Done for You" Support).
The Customer is informed of the duration of the "Coaching" or Support offered/paid for at the time of ordering, depending on the Package selected. The applicable duration is that provided on the day of the Customer's initial order, and the Customer may not take advantage of any other offer.
Unless otherwise stated, changing the Package or type of Subscription does not entitle the Customer to new support services, without prejudice to those offered when the Customer initially placed their order.
Appointments for "Coaching" and "Done for You" support can be booked directly on the Solution. This offer is strictly personal to the Customer, who may not share it with a Member or any other third party. Coaching and support are provided remotely.
"Done for You" support and "Coaching" credits purchased by the customer are not eligible for a refund.
In all cases, this offer is valid for a limited period of three months, which means that payment for "Done for You" support or "Coaching" must be made by the Customer within three (3) months of the validation of their initial order, regardless of the type of Subscription taken out (monthly, annual) and the Package/offer/purchase in which the "Done for You" and "Coaching" support services are included.
After the three-month period, the "Coaching" and "Done for You" support credits will expire and the Customer will no longer be able to request the "Done for You" support or "Coaching" subscribed to.
As an exception, for orders placed before October 13, 2022, including "Done for You" support, the starting point for this period is set at October 17, 2022, i.e., until January 18, 2023.
After the three-month period, any Done for You or Coaching support offer will expire and the Customer will no longer be able to request Done for You or Coaching support.
ARTICLE 4. Access - Use of the Solution
To access the Solution, the Customer must have a sufficient ADSL or fiber internet connection and a computer equipped with a keyboard and audio output, or a tablet, the costs of which are the Customer's sole responsibility.
Scope of personal use rights
Except in the case of special conditions expressly accepted by LearnyBox, particularly in the case of affiliated companies within a group of companies, the rights to use the Solution are granted solely to the Customer who holds the Subscription and who is the signatory of the order.
The username and password, delivered electronically to the Customer, are sensitive, strictly personal, and confidential information, placed under the sole responsibility of the Customer. As such, they may not be transferred, resold, or shared.
The Customer guarantees this clause and will be liable for any fraudulent or abusive use of their access codes. The Customer will immediately inform LearnyBox of the loss or theft of access keys.
In the event of a breach of the clause of inalienability or sharing of access keys by the Customer, LearnyBox reserves the right to suspend the service without compensation, reimbursement, prior notice, or prior information.
Non-use of the Solution on behalf of third parties
The Customer has the right to use the Solution exclusively for personal use and is strictly prohibited from using their access to the Solution on behalf of third parties.
For all intents and purposes, it is specified that the term "third party" in the context of this clause covers any subsidiaries of the Customer, companies in the same group as the Customer, or any other entity of any kind that is not the natural or legal person who subscribed to the service and accepted the GTC.
As such, the Customer who has subscribed to a Package allowing the creation of multiple sales funnels shall refrain from:
Any practice identical or similar to the above cases will be considered as a case of use that does not comply with the intended purpose of the Solution.
The Customer guarantees compliance with this clause by any employee or Member and shall be liable for any fraudulent or abusive use of its access codes in violation of this clause.
The Customer shall immediately inform LearnyBox of the loss or theft of access keys that could lead to the misuse of these codes for the purpose of exploiting the Solution on behalf of third parties.
If the Customer wishes to use its Subscription on behalf of third parties (its customers, prospects, a subsidiary, a business partner, another of its companies, etc.), it may submit a reasoned request by email or post to LearnyBox, which will have 15 days from receipt of the request to provide a response. If LearnyBox does not respond within the aforementioned 15-day period, the request will be deemed to have been refused.
Any authorization must be express and subject to a written agreement setting out the limits of such authorization and the financial terms and conditions. LearnyBox reserves the right, at its discretion, to refuse the Customer, depending on the latter's project, the use of its rights on behalf of third parties.
In the event of a breach of this clause that can be verified by LearnyBox by any useful means of proof (analysis of sales funnels created, training courses distributed, comparison with information provided by the Customer, etc.), LearnyBox reserves the right to suspend the service without compensation, notice, or prior information.
Storage space – Hosting – Traffic volume
The storage capacity on the Solution specified at the time of ordering according to the Package selected by the customer is the capacity available to the customer for storing their videos, images, and files on the Solution for the entire duration of their Subscription.
The storage space made available by LearnyBox to the Customer is exclusively reserved for content dedicated to the animation of training courses on LearnyBox. The hosting of any other content intended to be distributed or integrated on media other than LearnyBox pages is not authorized.
The Customer is responsible for complying with the traffic volume and storage space authorized under their Plan. The Customer is advised that non-compliant use of the Solution according to the specifications of their Plan may result in temporary suspension of access to the Customer's training and marketing space.
The Customer will be asked to return to a threshold that complies with their Plan or to opt for a higher subscription offer. In this regard, the bandwidth used may not exceed 1 GB/month or significantly exceed the average bandwidth used by other customers (determined solely by LearnyBox).
In the event of termination, discontinuation, or suspension of the Solution, LearnyBox reserves the right to delete the Customer's content, of which the Customer is notified. LearnyBox undertakes to proceed with the deletion at the Customer's first express request.
It is the Customer's responsibility to back up their content during and at the end of the subscription, as LearnyBox does not guarantee the hosting of content. LearnyBox cannot be held liable for the loss, destruction, or violation of content.
LearnyBox guarantees
LearnyBox will take all measures to ensure that the Solution functions reliably and continuously. However, the Customer acknowledges that no one can guarantee the proper functioning of the Internet.
As such, LearnyBox undertakes to make every effort to allow access to the Solution within the limits of reasonable use of the Solution, 24 hours a day, 7 days a week, for the duration of the rights to use the training course(s), except in the event of a breakdown or technical constraints related to the specific characteristics of the Internet network.
The Customer undertakes to inform LearnyBox within 24 hours of discovering a technical malfunction. LearnyBox will then intervene with the Customer within the maximum time frame provided for in the support section of their current Package.
In the event of a service interruption by LearnyBox due to corrective maintenance, LearnyBox will make every effort to remedy the malfunction within 24 business hours.
After this period, LearnyBox will grant the Customer an extension of access to its training course(s) for the benefit of Members for a period corresponding to the period of unavailability.
In the event of ongoing maintenance of the Solution or the Site, LearnyBox may also temporarily interrupt access for the Customer and Members. LearnyBox will then endeavor to limit the interruption time and will endeavor to notify the Customer in advance. The Customer undertakes not to claim compensation or damages from LearnyBox. LearnyBox will extend access to the training course(s) for the benefit of Users for a period corresponding to the period of unavailability.
It is the responsibility of each Customer to notify its Members that a temporary interruption may occur under the above conditions.
In the event of a failure due to the Site host lasting at least eight days, the duration of access will be extended for a period corresponding to the period of unavailability. LearnyBox shall not be liable for any damages or interest as a result, as the inability to access the Site must be remedied as soon as possible by the Site hosting company.
Any warranty provided by LearnyBox to Customers is expressly excluded in the event of misuse, negligence, or equipment failure on the part of the Customer, accident, or force majeure as provided for in the GTC, and LearnyBox's warranty is limited to the subscription of a new access.
The Solution and the Website comply with the regulations in force in France. LearnyBox cannot be held liable in the event of non-conformity with the legislation of the country in which the Solution is available, which it is the Customer's responsibility to verify.
The photographs and illustrations on the Site have no contractual value and LearnyBox cannot be held liable for them.
On the Site and the Solution, the Customer may access other sites (partners or others) designed and managed under the responsibility of third parties. LearnyBox has no control over the content of these sites and declines all responsibility for their content and the use made by one or more third parties of the information contained therein.
Non-conformity/Anomaly in a training course
"Non-conformity" means a discrepancy between the Solution subscription taken out and the purchase order signed by the Customer.
"Anomaly" refers to any breakdown, incident, blockage, performance degradation, or failure to comply with the features defined in the documentation made available to the Customer and Users on the Site, preventing the normal use of all or part of the Solution.
LearnyBox does not guarantee the uninterrupted and error-free operation of the Solution.
Any complaint regarding a non-conformity or anomaly in the Solution in relation to the documentation provided on the Website must be made in writing within 8 (eight) days of delivery of the access keys to the training course(s).
It is the Customer's responsibility to provide any justification for the reality of the anomalies or non-conformities observed. Only LearnyBox may intervene on the Solution. The Customer shall refrain from intervening themselves or involving a third party for this purpose.
The warranty shall not apply if the anomaly is due to circumstances beyond LearnyBox's control and/or not attributable to LearnyBox, including, but not limited to:
The technical requirements have been modified without the prior consent of LearnyBox;
The anomalies observed relate to computer programs not provided by LearnyBox;
The anomalies are related to improper handling or handling that does not comply with the Solution documentation available on the Site.
ARTICLE 5. Terms of use of LearnyPay
With the Solution, the Customer can charge its Members for access to its content using the MANGOPAY "e-wallet" system. By using LearnyPay, the Customer and the Members of its training course must accept the MANGOPAY terms and conditions, which can be found here: MangoPay Terms and Conditions PDF.
The Member of the Customer's training course makes the payment for access set by the Customer at the time of the reservation request via the LearnyBox payment system called LearnyPay by credit card (Carte Bleue, Visa, MasterCard) or any other means that LearnyBox will make available on its Site.
For all credit card payments, LearnyBox has implemented a secure payment system for LearnyBox provided by MANGOPAY (www.mangopay.com). This payment protocol is recognized worldwide for the protection of data transmitted over the Internet.
Payments are deposited into an escrow account with MANGOPAY.
The sums thus deposited are allocated to the payment of the Customer's training, less the LearnyPay service fees attributable to them, corresponding to a commission of 2.6% including tax of the training amount.
The Customer may, at any time, unless unavailable, consult their account status and LearnyBox service fee invoicing via LearnyPay and proceed with a transfer order.
Transfer orders given by Members of the Customer's training course in accordance with these terms and conditions are irrevocable and will be executed for LearnyBox by MANGOPAY.
Members and the Customer authorize LearnyBox to offset at any time, including after the account has been closed, any certain, liquid, and enforceable debt that remains payable, for any reason whatsoever, with the sums available in the LearnyPay accounts.
Customers undertake to respond favorably to any request from LearnyBox or MANGOPAY and, more generally, from any competent administrative or judicial authority in relation to the prevention or fight against money laundering and, in particular, they agree to provide any useful proof of address or identity.
In the absence of an immediate response to these requests, LearnyBox and/or MANGOPAY may take any appropriate measures, including freezing the sums paid and/or suspending the service. Specific
conditions for LearnyPay Payment
terms governed by the MANGOPAY e-wallet
system The Trainer may grant Users access to training courses in exchange for a sum of money.
The User makes the payment for access set by the Trainer at the time of the reservation request via the LearnyBox payment system called LearnyPay by credit card (Carte Bleue, Visa, MasterCard) or any other means that LearnyBox makes available on its Site.
For all credit card payments, LearnyBox has implemented a secure payment system for LearnyBox provided by MANGOPAY (www.mangopay.com ). This payment protocol is recognized worldwide for the protection of data transmitted over the Internet.
By using LearnyPay, the Trainer and the User unreservedly accept MANGOPAY's terms and conditions, which can be found here: MangoPay Terms and Conditions PDF, as well as their Pricing Terms and Conditions and Terms and Conditions of Use for Payment Service Providers, which can be found here: Pricing Terms and Conditions and Terms and Conditions of Use MangoPay PDF.
Learnybox draws your attention to certain activities prohibited by Mangopay: mangopay.com/fr/activites-prohibees/ . In this regard, these activities are strictly prohibited on Learnypay, and Mangopay reserves the right to close the E-Wallet in the event of a prohibited activity.
Payments are deposited into an escrow account with MANGOPAY. The sums thus deposited are allocated to the payment of the Trainer's training, less the LearnyPay service fees attributable to them, corresponding to a commission of 2.6% including tax of the training amount. Transfer
orders given by Users in accordance with these terms and conditions are irrevocable and will be executed for LearnyBox by MANGOPAY.
The User and the Trainer authorize LearnyBox to offset at any time, including after the account has been closed, any certain, liquid, and payable debt that remains outstanding, for any reason whatsoever, with the sums available in the LearnyPay accounts.
Users and Trainers undertake to respond favorably to any request from LearnyBox or MANGOPAY and, more generally, from any competent administrative or judicial authority in relation to the prevention or fight against money laundering and, in particular, they agree to provide any useful proof of address or identity.
In the absence of an immediate response to these requests, LearnyBox and/or MANGOPAY may take any appropriate measures, including freezing the sums paid and/or suspending the service.
ARTICLE 6. Terms of use for conferences via YouTube
With the Solution, the Customer may use YouTube to hold conferences. To do so, the Customer understands and agrees to be bound by YouTube's terms of use, as set out here: YouTube Terms of Use
In addition, our privacy policy specifies the relationship between YouTube/Google, the Customer, and Learnybox in terms of operations and data.
ARTICLE 7. LearnyBox's liability
LearnyBox cannot be held liable for any technical failure of the equipment, any misuse of the software by the Customer and/or Members, or any cause unrelated to LearnyBox, such as internet congestion or failure of an internet service provider.
Given that the Customer's username and password are strictly personal and confidential, the Customer undertakes not to disclose them and to take all necessary measures to preserve this confidentiality, such that the Customer is solely responsible for any activity on the Solution within the framework of their Subscription.
LearnyBox cannot be held liable for any disputes between Customers and its Members, or any prospect, customer, partner, or third party related in any way to the Customer.
With regard to professional Customers, LearnyBox's liability is limited to the amount paid by the Customer for their Subscription and, under no circumstances, shall LearnyBox be held liable for indirect damages such as, but not limited to, loss of data, files, business interruption, commercial damage, loss of earnings, damage to image and reputation.
As the host of content posted online by Customers, LearnyBox cannot be held liable for content published by a Customer or Member via the Solution or any of the websites published or managed by a Customer or Member.
LearnyBox cannot be held liable to the Customer in the event of non-performance of its obligations resulting from a force majeure event.
In addition to those usually recognized by the jurisprudence of French courts and tribunals, the following are considered cases of force majeure or unforeseeable circumstances, without this list being exhaustive: strikes or social conflicts internal or external to LearnyBox, natural disasters, fires, interruption of telecommunications, interruption of energy supply, interruption of communications or transportation of any kind, or any other circumstance beyond the reasonable control of LearnyBox.
ARTICLE 8. Customer Responsibility
It is the sole responsibility of the Customer to comply with the legal and/or administrative obligations resulting from the collection of a sum of money via the LearnyPay service or any other means of collection provided for in the Solution, and in particular any declaration of income thus received, which the Customer is legally required to make.
In the event that the Customer is acting in a professional capacity, they undertake to comply with additional obligations. In this case, the execution of training sales made via the Solution will be subject to all applicable provisions, in particular consumer law (prohibition of misleading commercial practices, clarity of the offer made to the consumer, consumer information, consumer right of withdrawal, invoicing and distance selling, guarantees, insurance, etc.), as well as any regulations applicable to the Customer's professional activity or sector of activity (taxation, VAT liability, collection of personal data, social law, etc.), which they declare to be aware of.
It is up to each Customer to determine whether or not they are acting in a professional capacity. In any event, Customers who have an intra-community VAT number are presumed by LearnyBox to be professionals within the meaning of consumer law. The information provided by LearnyBox is for information purposes only and LearnyBox cannot be held liable in this regard.
The Customer undertakes to respond to any request for withdrawal from a Member in accordance with the provisions of consumer law. In the event that the right of withdrawal applies, the Customer must refund the full amount paid by the User, including any service fees paid.
In order to effectively exercise the right of withdrawal and the right of access, the Customer must have provided their contact details on a page easily accessible to the Member for the exercise of these rights. They guarantee LearnyBox against any disputes arising in this context, it being specified that it is never LearnyBox's responsibility to reimburse the Customer's Members.
The Customer is reminded that the law prohibits the unauthorized use of a title attached to a profession regulated by public authority or an official diploma or qualification whose conditions of award are set by public authority. Violation of this rule is punishable by one year's imprisonment and a fine of €15,000 (Article 433-17 of the Penal Code).
The Customer acting in a professional capacity guarantees LearnyBox that they will comply with all their obligations as a professional and will indemnify LearnyBox for any consequences related to the breach of any of their obligations as a professional.
The professional Customer therefore undertakes to pay directly all sums, including any convictions, legal costs, lawyers' fees, and other amounts that may be due in this respect (or to reimburse LearnyBox on first request).
In addition, the Professional Customer must have all the necessary insurance, particularly professional insurance, to offer its products and services via the Solution, whatever they may be.
The Professional Customer shall check and verify on its own behalf that the insurance policies it has in place cover all situations that it may encounter when using the Solution.
Content under the Customer's responsibility
The Customer is solely responsible for the content of the training courses they post online via the Solution and for their use, as well as for the content published by their Members (media, comments, etc.), which they are responsible for moderating in accordance with their own rules of use. This content is not controlled by LearnyBox.
In particular, the Customer must ensure that all content posted online via the Solution complies with applicable laws and regulations, public order, morality, the rules laid down by the Professional Advertising Regulatory Authority and, where applicable, the ethical rules of its profession.
The Customer must have the intellectual property rights, image and/ or copyrights, and rights to use said content before posting it online via the Solution.
LearnyBox shall in no event be held liable for any breach of its obligations resulting from the use by the Customer or the Customer's Members.
LearnyBox reserves the right to remove any clearly illegal content published by the Customer or one of its Members, in particular content that is reported to it in the event of notification of illegal content in accordance with the provisions of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy.
ARTICLE 9. Modification or termination of the Subscription
Change of Plan
The Customer may change their Plan on the Solution, either to upgrade or downgrade.
The change to a lower Plan shall take effect at the end of the current Subscription period.
If the Customer reaches the limits of their Plan, they can no longer create new objects. In this case, they must either delete some objects or upgrade to a higher Plan.
Changing the Plan during the Subscription period does not entitle the Customer to a new free trial period.
Changing the type of Subscription
The Customer may switch from a monthly Subscription to an annual Subscription directly via their dedicated account without having to cancel their current Subscription.
Changing the Plan during the Subscription period does not entitle the Customer to a new free trial period.
Option to pause the Subscription
The Customer may temporarily suspend their Subscription via their dedicated space on the Solution. In this case, their websites, blogs, training spaces, sales funnels, affiliate space, etc. are deactivated by LearnyBox and are no longer accessible on the Internet to either the Customer or Members.
The price excluding tax applied for this option is always the price in effect on the "Pause my subscription" page of the Customer's dedicated space on the Solution at the time they exercise this option.
The payment method used is the same as that selected at the time of ordering the Customer's monthly Subscription that is being paused.
Pausing the subscription suspends payments for the subscription, but does not entitle the Customer to a refund.
The Customer will be charged the price of the pause immediately after validating their password and definitively confirming their wish to pause, and will then be charged on a rolling monthly basis.
The Customer may reactivate their Subscription at any time by logging into the Solution. Reactivation will result in the resumption of payments for the Subscription.
Termination by the Customer
The Subscription may be terminated directly via the Customer's dedicated area on the Solution before the end of the current subscription period.
Termination of the Subscription results in the deactivation of the Customer's access codes to the Solution at the end of the monthly or annual period last paid by the Customer.
Termination of the Subscription will result in the deletion of the Customer's content and data on the Solution (training courses, sales funnels, conferences, members, etc.). It is therefore the Customer's sole responsibility to save their content and member lists by downloading or any other means before the end of their current Subscription period (monthly or annual payment) and the deactivation of their access.
Termination by the Customer is effective for the future and precludes the tacit renewal of their Subscription. Any monthly or annual payments already made for a defined Subscription period remain due and will not be refunded.
Applicable provisions of the Consumer Code:
ARTICLE 10. Data Protection
Any processing of personal data within the scope of this agreement is subject to the provisions of LearnyBox's privacy policy.
In accordance with Law No. 78-17 of January 6, 1978, amended in 2004 (known as the "Data Protection Act") and applicable European regulations, Customers are informed that their personal data is subject to automated processing for the purposes of commercial prospecting and management of the Solution and customer relations.
Customers are informed that this data may be subject to statistical analysis by LearnyBox. It may be transferred to third parties and partners if the Customer has expressly consented to this.
Registration on the Site at the time of ordering implies the Customer's subscription to the LearnyBox newsletter, from which they may unsubscribe at any time via the unsubscribe link provided for this purpose.
The information requested in the forms available on the Website marked with an asterisk is mandatory and necessary for the management of Customer requests. Failure to respond to a mandatory field will make it impossible for LearnyBox to process Customer requests.
Personal data will not be kept beyond the period strictly necessary for the purposes indicated.
Certain data used to establish proof of a right or contract may be subject to an intermediate archiving policy for a period not exceeding the time necessary for the purposes for which it is stored, in accordance with the provisions in force.
In accordance with the French Data Protection Act and the GDPR, the Customer or any person concerned by the processing has, subject to the conditions and limits set by applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability, erasure, and a right not to be subject to an automated decision, including profiling.
The data subject also has the right to withdraw their consent at any time if this is the legal basis for the processing.
To exercise these rights, please contact contact@learnybox.com, who will forward the request to their data protection officer if necessary.
Any person concerned by the processing of their data also has the right to lodge a complaint with the French Data Protection Authority (CNIL).
More information on your rights is available on the CNIL website: Your rights regarding the control of your personal data
The Customer is responsible for processing the personal data of Internet users browsing the websites, blogs, and web pages created using the Solution, as well as that of its Members, while LearnyBox is its subcontractor.
LearnyBox does not use Members' personal data for its own purposes, except to compile non-nominative statistics if this is in the legitimate interest and compatible with the purpose for which the data was originally collected.
The Solution is designed to enable Customers to comply with their obligations as data controllers.
By using the Solution and the tools provided, the Customer undertakes, in particular, to inform each data subject about the processing of personal data that it carries out via the Solution, and to inform them about the conditions for exercising their rights with the Customer, in accordance with applicable law.
The Customer is solely responsible for the storage and confidentiality of all data concerning data subjects to which it has had access via the Solution.
ARTICLE 11. Intellectual property
The content of the Site is the property of LearnyBox and its partners and is protected by French and international intellectual property laws.
LearnyBox is the sole owner of the intellectual property rights to the Solution it offers to its Customers.
To this end, all content and educational materials in any form (paper, electronic, digital, oral) used by LearnyBox to provide training in the use of the software remain the exclusive property of LearnyBox.
As such, they may not be used, transformed, reproduced, or exploited in any way that is not expressly authorized within or outside the Customer's organization without the express consent of LearnyBox.
In particular, the Customer shall refrain from using the content of the training courses that may be offered by LearnyBox to train persons other than its own staff and shall be liable under Articles L.122-4 and L.335-2 et seq. of the Intellectual Property Code in the event of unauthorized transfer or communication of the content.
Any reproduction, representation, modification, publication, transmission, or distortion, in whole or in part, of the content of the services and training courses available on the Solution and provided to the Customer as part of their Subscription, as well as any databases appearing on the Solution, are strictly prohibited, regardless of the process and medium used.
In return for payment of the Subscription price, the software attached to the Solution is subject to a personal, non-transferable, and non-exclusive right of use for a limited period, the duration of which varies depending on the Customer's Subscription offer.
In any event, LearnyBox remains the owner of its tools, methods, and know-how developed previously or during the course of its services for and/or at the Customer's premises as part of its Subscription.
Any total or partial reproduction of the Site or the Solution is strictly prohibited and may result in legal action.
ARTICLE 12. Communication - References
The Customer agrees to be cited by LearnyBox as a customer of its services. LearnyBox is thus authorized to mention the Customer's name and an objective description of the nature of the services provided, which are the subject of the contract, in its lists of references and proposals to its prospects and customers, in particular on the Website, in discussions with third parties, in communications to its staff, in internal management planning documents, and in the event of legal, regulatory, or accounting requirements.
Customers who do not wish to be mentioned shall inform LearnyBox in writing.
As part of their Subscription, the Customer may be invited to LearnyBox events.
By accepting the GTC, the Customer authorizes the reproduction and representation of photographs and videos taken during such events. The Customer authorizes LearnyBox to distribute the images taken during these events.
The images may be exploited and used directly in all forms and media known and unknown to date without any time limitation (press, brochures, posters, internet, etc.) for the promotion of LearnyBox's activities.
The Customer acknowledges that they have fully exercised their rights and may not claim any remuneration for the use of the rights referred to in this paragraph. The same conditions as those described in the previous paragraph apply to image and/or copyright on videos and photographs sent by the customer to LearnyBox to give their opinion and/or testify about LearnyBox's products and services.
ARTICLE 13. Affiliate Program
By joining the LearnyBox affiliate program via the Solution, the Customer declares and guarantees:
• that they are 18 years of age;
• that they are a professional with legal status;
• that they are the owner of or authorized to use the accepted sites;
• that their sites do not violate applicable laws;
• that their sites respect copyrights, trademarks, and intellectual property rights;
• that they will not send spam to promote the Solution, Packages, and/or any special offers.
These conditions are cumulative.
The following are not permitted and are considered fraud: (i) attempts at fraud by repeated automatic or manual clicks for the sole purpose of generating commissions or obtaining affiliates; (ii) purchasing LearnyBox products using your own affiliate links or banners; (iii) promotion via paid communication in search engines, and (iv) inducing prospects to mix up or confuse the LearnyBox brand with their own affiliate link. (v) It is strictly prohibited for an existing LearnyBox customer, or any person acting on their behalf or on behalf of their company (including employees, subcontractors, partners, or service providers), to create an affiliate link in order to refer a new LearnyBox account linked to another entity of the same company or group. In particular, any subscription made by a subsidiary, sister company, related entity, or other account linked to the same economic beneficiary will not give rise to commission if the recommendation comes directly or indirectly from a member of the initial customer's team. Any attempt to capture commissions of this nature will be considered fraud, resulting in the immediate cancellation of the commissions concerned, the suspension of the offending affiliate account, and the possibility of additional penalties, including the reimbursement of commissions already received.
Any fraud detected will result in the deletion of the affiliate account and the cancellation of commissions without notice.
LearnyBox reserves the right (i) to accept, refuse, or suspend registration for the affiliate program at any time, (ii) to modify the terms and conditions of the affiliate program at any time, and (iii) to suspend the affiliate program at any time.
LearnyBox reserves the right to subject a Customer's membership in the affiliate program to special conditions not provided for in the Terms and Conditions.
In order to be paid, the affiliate must upload their invoice(s) to their LearnyBox affiliate area and enter or provide their bank details.
The affiliate can only be paid upon presentation of invoices and insofar as they are acting in a professional capacity, with an appropriate status that they must justify.
In all cases, it is the sole responsibility of the affiliate to comply with the legal, social, and tax obligations resulting from the collection of commissions, in particular by declaring the income thus received.
Affiliate commission invoices must be sent to Learny Box solely via the affiliate's dedicated affiliate area, strictly within three (3) months of the date of the affiliate sales.
If these invoices are not submitted within the required period of three (3) months, the affiliate will permanently lose their right to commission for the period in question, which they expressly accept.
Their account will then be continuously updated to include only commissions earned during the last three months, and LearnyBox will not be liable for any payments in respect of sums claimed late.
The date of receipt of the invoice in the affiliate area shall take precedence over the date indicated on the invoice. Any invoice received after the deadline will be considered null and void.
As an exception, for all affiliate sales concluded before March 15, 2020 (inclusive), the starting point for this three-month period is set at March 16, 2020, so that any invoice for affiliate sales must be sent no later than June 15, 2020, to
Learny Box at the above address compta@learnybox.com.
Any invoice received after this deadline will be considered null and void, and the affiliate who has consequently lost their right to commission will not be entitled to claim payment of any amount whatsoever.
All invoices must be sufficiently detailed to enable LearnyBox to verify the accuracy of the amounts invoiced. LearnyBox reserves the right to dispute the amount invoiced in light of the data provided or generated via the affiliate link and recorded by LearnyBox on the Website and the Solution and/or in the event of any breach by the affiliate of the terms and conditions of the affiliate program.
Affiliate invoices are paid by LearnyBox within thirty (30) business days of receipt.
ARTICLE 14. Mediation - Disputes
In the event of a dispute arising from this agreement, the consumer Customer may seek the assistance of a consumer mediator, who can be identified on the Consumer Mediation website. The consumer or non-professional Customer may also refer the matter to the Online Dispute Resolution Platform.
The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
IN THE EVENT OF A DISPUTE BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY, THE COMMERCIAL COURT OF NIMES SHALL HAVE EXCLUSIVE JURISDICTION OVER ALL DISPUTES TO WHICH THIS CONTRACT MAY GIVE RISE, CONCERNING ITS VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES, AND FOLLOW-UP.
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