Terms of Use (ToU)

Preamble

The provider is BLOCKCHAIN CERTIFIED DATA, a simplified joint-stock company (SAS – Société par Actions Simplifiée) with a share capital of €66,461.50, registered with the Trade and Companies Register of Nanterre, France, under number 833 138 951, whose registered office is located at 104 avenue Albert 1er, 92500 Rueil-Malmaison, France, and represented by Mr. Luc Jarry-Lacombe, in his capacity as President.
The provider has developed a solution, accessible in SaaS mode, allowing its clients to publish online certificates containing information defined by the client (for example: surname, first name, date of birth, certification reference, etc.).
The provider has provided the client with all the information and associated advice allowing them to assess all the services offered. Consequently, the client has been able to ensure that these are aligned with their needs.
Where applicable, all references to "BCdiploma" in the following articles shall apply pari passu to "ƎvidenZ".
The purpose of these Terms of Use (“ToU”) is to define the conditions under which the provider makes the BCdiploma services available to the client. When the client has subscribed to a subscription or signed a quote, these ToU supplement the Terms of Service (“ToS”). In the event of contradiction, the ToS prevail according to the defined contractual priority order.

Definitions

The terms defined below shall have the following meaning between the parties:

"anomaly": refers to the situation observed when a functionality does not produce the result described in the documentation.
"BCdiploma application" or "BCdiploma": refers to the application whose main functionalities are to generate, manage, and transmit online certificates ("certificates") to concerned persons ("beneficiaries"), for example: diplomas, attestations, micro-certifications, or any other content. Beneficiaries have access to a personal, secure, and verifiable URL that they can share as they choose, under their responsibility. The application uses the patented process US20200099511A1.
"beneficiary": refers to the natural or legal person (also referred to as the “recipient”) who benefits from or accesses the certificate containing information about them and who may use it in accordance with these ToU.
"client": refers to any legal entity with access to the BCdiploma services, under the conditions defined herein, including within the framework of a free trial.
"documentation": refers to all documents relating to the BCdiploma services, including these ToU and any document relating to the technical, regulatory, and functional information necessary or useful for their use, made available at https://docs.bcdiploma.com by the provider;
"login credentials": refers to the personal credentials assigned to each user of the client, allowing access to the BCdiploma application via the internet, as well as, where applicable, the authentication token associated with the client’s API.
"incident": refers to any malfunction preventing access to the BCdiploma services as described in the documentation.
"internet": refers to all interconnected networks, which are located in all regions of the world;
"URL link" or "URL": refers to the unique hyperlink allowing consultation of each certificate on a web page;
"third-party software": refers to any software owned by the client and not provided by the provider;
"parties": refers collectively to the provider and the client;
"BCdiploma services": refers to remote access and use, in SaaS mode, of the BCdiploma application, directly from the internet;
"user": refers to the person placed under the client’s responsibility (employee, agent, representative, network and system administrator, etc.).

Opposability of the Terms of Use (ToU)

Upon first connection to the platform, each user must read and accept these Terms of Use (ToU) in order to access the service. This acceptance is formalized by checking a box.
The provider reserves the right to modify the ToU at any time. The client is informed of any modification by email sent to the address they have provided. Unless otherwise stated, the modified ToU come into force within thirty (30) days from this notification. The current version of the ToU is accessible at all times at the following address: https://docs.bcdiploma.com/legal/. If the client does not agree with the amended ToU, they must cease using the services before the effective date of the amendment. Continued use of the service after this period constitutes acceptance of the modified ToU.
In the event of disagreement with the modifications made to the ToU, the client may notify their refusal in writing within thirty (30) days from the notification. This refusal will result in the automatic termination of the contract at the end of its current subscription period, without penalty, subject to the payment of any service already engaged. In this case, and until the end of said period, the last version of the ToU accepted by the client will remain applicable.

General Description of Services

For the client and its users, the BCdiploma application allows the administration of certificate templates, the generation of certificates by uploading data, and their transmission to beneficiaries under its responsibility. The certificates are available in the form of URL links that can be viewed directly online and verified. This link requires no user account on the BCdiploma application and can be read from any computer or connected device.

Access to the Service

The use of the BCdiploma application is strictly reserved for professional use. It is limited to legal entities (public or private—such as associations, companies, institutions, foundations, educational establishments, etc.) and their authorized users acting within the scope of their functions. End beneficiaries of the certificates (such as students, graduates, alumni, or final clients of the client entities) are expressly excluded from direct access and use of the application. The BCdiploma services are intended for professional use worldwide, subject to compliance with applicable local regulations. It is the client’s responsibility to ensure that the use of the services is authorized in its jurisdiction. The provider reserves the right to restrict access in certain areas subject to embargo or regulatory prohibition.
Access to the BCdiploma application is possible through three distinct methods:

The free trial, time-limited, accessible from the website www.bcdiploma.com to any natural person acting on behalf of a legal entity wishing to use BCdiploma and holding a professional email address from that institution. Certain limitations are associated with the use of an account during a free trial.
Online subscription, accessible via the BCdiploma application during a free trial period, requiring online payment.
The signing of a quote.

The proposed subscriptions, their options, and the details of associated functionalities are available at the following address: https://www.bcdiploma.com/pricing, and, where applicable, detailed on the quote.
In the event of non-compliance by the client with these ToU during the free trial period, the provider reserves the right to immediately suspend the client’s access to the BCdiploma application. It may also proceed with the deletion of issued certificates and associated configurations, without giving rise to any compensation. Furthermore, for the entire duration of the use of BCdiploma, the Provider may, at any time and without prior notice, refuse, restrict, or terminate access, without compensation, if the Client (or any affiliated entity/UBO/officers/authorized representatives/partners) appears on an official list (register/list issued by a national or supranational public authority or by a body acting under a legal mandate) relating to sanctions, embargoes, or export controls applicable to either Party, to fraud/AML-CFT, or identifying unrecognized institutions (e.g., “degree mills”) or illegal or deceptive service providers. The Client represents and warrants that it does not appear on any such lists and agrees to reasonable verifications (including the provision by the Client of useful information), subject to data protection laws. The Provider has no obligation to disclose its sources or screening methods. No refund is due for periods already commenced and the Provider’s liability is excluded for the consequences of such measures, subject to mandatory legal provisions.

Hosting and Data Backup

The BCdiploma application is hosted by a third party designated by the provider and offering the necessary levels of guarantee and security.
The certificate data is uploaded by the client into the BCdiploma application, which signs, encrypts, and stores this encrypted data on a blockchain, ultimately making it available as a certificate accessible via a URL link whose address contains a unique identifier (patented process US20200099511A1).
The history of the data from issued certificates is made available to the client in the BCdiploma application. The client is informed that the provider hosts the client’s certificate data on the servers it deploys in its hosting provider’s cloud.
The client may, at any time, delete all or part of the certificate data history via the BCdiploma application, without affecting the proper functioning of the certificates already generated, except for the “Parcours” functionality. In case of data deletion by the client, the provider will not be able to restore these data afterwards, and the client will be solely responsible for retaining the data it deems necessary for the proper administration of the issued certificates. In this case, the provider specifies that it does not perform any backup of certificate data deleted by the client. The client must therefore make its own backups and electronic archiving.
In the absence of online subscription within thirty (30) days following the end of the free trial, the provider reserves the right to delete, without notice, the issued certificates as well as all configurations made by the client within the BCdiploma application.

Use of the Service

The client may access the BCdiploma application 7 days a week and 24 hours a day, directly from the internet.
However, the provider may need to intervene on the BCdiploma application for scheduled maintenance of its IT configuration and the infrastructures implemented for the provision of services.

Maintenance and Support

The provider undertakes to carry out corrective maintenance operations for anomalies and to make its best efforts to correct the anomaly as soon as possible.
It is the client's responsibility to consult the documentation before contacting the provider, in order to be able to describe the encountered anomaly precisely and exhaustively.
When an incident occurs in the context of service execution, it must be reported to the provider by the client in an exhaustive and detailed manner so that it can be resolved as quickly as possible.
Support requests must be submitted using the dedicated form, accessible in the “Help” section of the BCdiploma application. An acknowledgment of receipt containing a ticket number is sent for each request submitted. BCdiploma support is open from 9:00 a.m. to 6:00 p.m. CET on working days in France.
Any anomaly reported via an online ticket must be identified and reported to the provider with sufficient detail to allow the latter to intervene.
An incomplete or unfounded notification shall release the provider from its corrective maintenance obligation and the incomplete or erroneous ticket will be archived without it being possible to reproach the provider for not having processed it.
Updates to the BCdiploma application may be installed by the provider on its server as they become available.
These updates, unless otherwise stated, which are decided unilaterally by the provider, will be made available to the client at no additional cost.
The client may not oppose the updates proposed by the provider.
The provider will not provide the maintenance service or will do so upon payment by the client according to an additional quote, as with optional services, in the following cases:

refusal by the client to describe the context in which the anomaly or incident occurred and, more generally, to answer the provider's questions and information requests;
use of the BCdiploma application in a manner not compliant with its purpose or documentation;
unauthorized modification of the BCdiploma application by the client or by a third party;
installation of any applications, software, or operating systems not compatible with the BCdiploma application for which the client has not received prior authorization from the provider;
failure of electronic communication networks or data transmission infrastructures external to the solution, including, but not limited to, the internet;
voluntary act of degradation, malicious intent, sabotage on the part of the client;
deterioration due to a case of force majeure or improper use of the BCdiploma application;
refusal by the client to accept an update proposed by the provider;
unauthorized intervention by the client or a third party;
anomaly generated by the client’s hardware or its access equipment.

In these cases, the client may not claim any compensation or reimbursement of amounts already paid for the execution of services.

Conditions of Access to the Services

The client accesses the BCdiploma application via the internet network, with the access provider of its choice.
As the provider cannot be held responsible for network line interruptions, the client acknowledges the importance of their choice of operator and the quality of the network.
The provider makes the BCdiploma application available to the client through remote access, at the address https://admin.bcdiploma.com.
The client connects to their client space using their login credentials directly on the application.
Access to the BCdiploma application is available at any time and is done from the client’s installations and on their own equipment.

Intellectual Property and Non-Competition

For the duration of the contract or authorized use, the provider grants the user a personal, non-exclusive, non-assignable, and non-transferable right of remote access and use of the BCdiploma application, under the conditions defined by their subscription, their quote, or within the framework of free access, and exclusively for the purposes of administration, generation, and transmission of certificates.
The provider also grants the user, under their exclusive responsibility, the following additional rights: – a right of use to build complementary or specific applications, intended to provide services to their own end clients, on the express condition of not designing or offering, directly or indirectly: (i) services similar or competing with those provided by BCdiploma, or (ii) services intended to promote or enable illegal or unlawful activities; – the acts strictly necessary to obtain the information required for the interoperability of independently created software, subject to compliance with the conditions provided for in Article L.122-6-1 IV of the Intellectual Property Code; – a right of access and consultation of the certificates generated via their secure URL.
The provider remains the sole holder of all intellectual property rights and know-how related to the BCdiploma application, including its source code, software architecture, interfaces, visual elements, technical and functional documentation, as well as the patented process used. The trademarks, graphic charters, images, texts, search engines, databases, and more broadly all elements constituting the application, are protected by intellectual property rights and/or trade secrets, and are the exclusive property of the provider or its partners.
Any reproduction, representation, adaptation, translation, distribution or use, total or partial, of these elements without prior written authorization from the provider is strictly prohibited and may constitute an infringement within the meaning of Articles L.335-2 et seq. of the Intellectual Property Code.
Within the framework of free access or a trial, the user expressly undertakes not to reproduce, imitate, extract, reuse or adapt directly or indirectly, in whole or in part, the technical, functional, visual or conceptual elements of the BCdiploma application, except with the express authorization of the provider.
Furthermore, for the entire duration of the use of the application, and for a period of five (5) years from the end thereof, regardless of the cause, the user undertakes not to develop, have developed, market or make available, directly or indirectly, a software solution or a service whose main purpose is the digitization, generation or distribution of attestations or certificates via blockchain technology, or reproducing the essential characteristics of the BCdiploma application. This restriction shall apply in all territories where BCdiploma services are offered, marketed, or otherwise accessible. It is deemed proportionate and legitimate with regard to the protection of the provider’s investments, strategic know-how and intellectual property rights. It applies without prejudice to the rights defined in the Terms of Service (ToS), when these have been accepted.

Provider’s Obligations

The provider undertakes to perform its contractual obligations under a best-efforts obligation.
In addition to the right of access and use of the BCdiploma application granted to the client and any optional services provided, the provider undertakes to:

verify the existence and identity of the client in order to ensure that the use of BCdiploma services for the issuance of certificates is carried out by an institution that exists and whose activity is legally declared under applicable laws;
open access rights to the BCdiploma application and provide the client with their login credentials;
refrain from verifying the accuracy and content of data uploaded by the client;
refrain from modifying data entered exclusively by the client for the creation of certificates;
ensure the integrity of the data uploaded into the BCdiploma application and accessible via the certificate URL link;
not communicate, without the client’s explicit request, the URL link of each certificate created to the client’s beneficiaries or to any third party designated by the client.

However, under these ToU, the provider does not undertake to:

verify the truthfulness and legality of the data entered by the client in the BCdiploma application;
inform the client’s beneficiaries or third parties of the conditions of use of the certificates, nor to provide any information to them under the applicable Data Protection regulations.

Client’s Obligations

The client undertakes to provide accurate information during their first access to the application and during identity verification.
The client undertakes to verify that the data they enter on the platform is correct and free from error.
They undertake to inform users and beneficiaries:

that, as a processor, their personal data is transferred and processed by the provider as part of the BCdiploma services;
of the possibility to consult the certificate via a URL link;
of the possibility to exercise the right to erasure of their data;
of their rights related to the protection of their personal data;
of their freedom to use or not use the certificate and to share it on social networks or any other public communication medium.

In the case of subscription to a per-beneficiary-based subscription, the client undertakes to associate with the data or metadata of each certificate the email address of the corresponding natural or legal person, without using generic addresses.
The client undertakes to:

use the BCdiploma services in accordance with these ToU;
cooperate with the provider;
keep their login credentials strictly confidential and to report to the provider any fraudulent use of their login credentials, or any suspected or fraudulent use of their credentials or API keys where applicable;
not attempt to circumvent or modify the software required for using the services via the BCdiploma application;
use this access right solely themselves, or possibly through users they have duly authorized for this purpose.

Provider’s Liability

Under these ToU, the provider’s liability may not be engaged beyond its obligation to provide the client with a right of access and use of the BCdiploma application.
Under no circumstances shall the provider be held liable for:

the use of the mailing tool made available in the BCdiploma application;
any error in the content of the data transmitted by the client and appearing in the issued certificates;
the exploitation of the URL link by the client or any third party;
the content of the certificates;
any claim or dispute of any nature related to the issued certificates;
temporary or total unavailability of all or part of the access to the BCdiploma application or any difficulty related to response time originating from carriers or telecommunication operators and internet service providers;
any disruption in the use of BCdiploma services, including in cases of hacking or cyberattacks (denial of service, vulnerability exploitation, etc.) or more generally any attack on the platform’s automated data processing system, unless proven fault on the part of the client;
accidental destruction of certificate data by the client or a third party who accessed the BCdiploma application using the client’s login credentials;
any use of BCdiploma services by the client that infringes the rights of third parties, public decency, or public order, or that enables the commission of unlawful or infringing acts;
the use of third-party solutions such as digital wallets, including mywallet.cloud, particularly in connection with the use of the optional “NFT or SBT format” feature for certificates; these third-party solutions being used by the beneficiaries under their own responsibility and within the framework of the terms of use specific to those third-party solutions.

In any case, the provider’s liability:

cannot be engaged due to failures of electronic communication networks or data transmission infrastructures external to the solution, including but not limited to the internet;
can only be engaged for proven fault that caused direct damage to the client;
excludes compensation for indirect damages suffered by the client or third parties.

Furthermore, in the context of a free trial, the application is provided “as is”, with no guarantee of performance, availability, or continuity. Accordingly, the provider shall not be held liable for any damage whatsoever, whether direct or indirect, including, but not limited to, loss of data, usage, or generated content. This exclusion constitutes an essential condition of the free provision of the service.

This clause remains applicable in the event of nullity, termination, rescission or extinguishment of these contractual relations.

Client’s Liability

The client expressly guarantees the provider against any recourse, claim or action by third parties resulting from the use of the BCdiploma application and the creation of certificates.
The client is solely responsible and as such guarantees the provider:

for the use of the email sending feature integrated into the BCdiploma application;
for the authenticity of the certificate data, its accuracy, and the use made of it;
for any error committed in the context of entering certificate data into the BCdiploma application;
in case of a claim from the beneficiary of a certificate or from a third party concerning the existence or content of a certificate;
for the dissemination of the URL link of the certificate;
for the use made not only of the URL link but also of the certificate by any third party who is in possession of it;
for the information provided, where applicable, to the person whose personal data is used to issue the certificate;
for the security of login credentials, individual workstations, and the security settings for access to the BCdiploma application;
for the suitability of the services to their own needs, notably based on the indications provided in the documentation;
for the compatibility of their hardware and software environment with the BCdiploma services.

When the certificates are intended for end beneficiaries such as students, employees, or partners, the client remains solely responsible toward these third parties. They guarantee that such persons have been duly informed, and that all processing of their data is carried out in compliance with the applicable regulation. The provider cannot be held liable, in any way whatsoever, towards these end beneficiaries, who have no direct rights against it.

Security

The provider implements a secure system intended to identify the client and authorized users when accessing the application, based on multifactor authentication (2FA).
Data exchanges between the client and the application are systematically protected in transit by HTTPS encryption using the TLS protocol.
The client’s data is stored in encrypted form using the AES 256 algorithm, ensuring its protection at rest.
The provider protects its technical infrastructures through a comprehensive antivirus and anti-malware system and ensures regular management of security updates across all its systems, in order to prevent any exploitation of known vulnerabilities.
The provider implements all technical means in accordance with the state of the art and the requirements of the ISO 27001 standard to ensure the security of the data and to prevent any intrusion by unauthorized persons, regardless of the nature or technique used.

Personal Data

The parties undertake to comply with the applicable regulations concerning the processing of personal data within the framework of the performance of these presents. In particular, the provider undertakes to comply, where applicable, with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation, or "GDPR"), as well as French law no. 78-17 of 6 January 1978 relating to data processing, files and freedoms, in its version in force. The client undertakes to comply with the legislation applicable to them regarding data protection and to take all necessary measures to that end. It is their responsibility, in particular, to determine the obligations incumbent upon them according to their jurisdiction.
Within this framework, the client is considered as the data controller, and the provider as the processor, unless otherwise specified.
The client is solely responsible for the data they collect, enter, and process within the scope of the use of the provider’s services. They must take all necessary precautions, in view of the nature of the data, to preserve its security and prevent it from being altered, damaged, or accessed by unauthorized third parties.
The provider may act only on the client’s instruction and undertakes to take all necessary measures to ensure that they and their staff comply with these obligations and in particular, unless otherwise instructed by the client, to:

not process or view the data or files contained therein for any purpose other than the execution of the services performed for the client under these ToU;
not insert foreign data into the files;
not view or process data other than those concerned by the services, even if access to such data is technically possible;
not disclose, in any form whatsoever, all or part of the data concerned;
not make copies or store, in any form or for any purpose, all or part of the information or data contained in the media or documents entrusted to them or collected by them in the course of the execution of the contract;
immediately inform the client if, in their opinion, an instruction constitutes a breach of the applicable personal data protection regulations.

The parties agree that the notion of instruction is deemed established when the provider acts within the execution of these ToU.
The provider undertakes, with regard to the nature of the data and the risks presented by the processing, to take appropriate technical and organizational measures to preserve the security of the data and files and, in particular, to prevent any alteration, corruption, damage, destruction, accidental or unlawful loss, disclosure and/or any access by unauthorized third parties.
Acceptance of these ToU implies acknowledgment by the client that the security and confidentiality measures provided by the provider are appropriate to the level of precaution they must exercise with regard to their data security obligation and that the guarantees presented for this purpose are sufficient.
The provider shall notify the client, as soon as possible after becoming aware of it, of any personal data breach, that is to say, any breach of security leading, accidentally or unlawfully, to the destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.
This notification must specify, to the extent possible, the nature and consequences of the data breach, the measures already taken or proposed to remedy it. The provider undertakes to actively cooperate with the client so that they may fulfill their regulatory and contractual obligations. It is solely the client’s responsibility, as data controller, to notify this data breach to the competent supervisory authority and, where applicable, to the data subject.
The client acknowledges having taken note of the documentation and information made available by the provider:

Processing of users’ personal data: https://docs.bcdiploma.com/legal/rgpd.html
Data protection notice: https://docs.bcdiploma.com/legal/notice.html The client acknowledges that they have all the elements necessary to inform beneficiaries and to implement any measures related to the right of access, rectification, deletion, limitation of processing, and data portability.

In the event of data transfer outside the European Union or to countries that do not benefit from an adequate level of protection, the parties agree to rely on recognized mechanisms such as the standard contractual clauses adopted by the European Commission (2021/914/EU and any future amendments), or any equivalent mechanism that complies with applicable regulations.

Evidence Agreement

The client acknowledges that the certificates issued via the BCdiploma application constitute certified data containing their signature, materialized by a set of cryptographic proofs generated in accordance with the patented process US20200099511A1. The client acknowledges the admissibility, validity, evidentiary value, and enforceability of these certified data, for example, on the same basis as an electronic writing as provided by Article 1366 of the French Civil Code. The parties agree that these cryptographic proofs associated with each certificate issuance constitute valid evidence of the use of the services, of the creation or modification of a certificate, and of the identity of the issuer, insofar as it has been validated.
For authentication purposes, and as soon as the client's identity has been validated, the provider makes available the list of institutions authorized to issue certificates via the BCdiploma application.

Confidentiality

The provider undertakes to respect the confidentiality of the client’s data.
The client undertakes that the provider’s confidential information:

shall be protected and kept strictly confidential;
shall be treated with the same degree of protection as that afforded to its own confidential information of similar importance;
shall not be disclosed, nor be likely to be disclosed, directly or indirectly, to any third party;
shall only be disclosed internally to members of its staff who have a need to know its content;
shall only be used for the purpose defined by the preamble of this agreement and within the framework of the execution of these presents exclusively, and in particular shall never be used for the purpose of creating a competing or similar service;
shall not be copied, reproduced, or duplicated, in whole or in part. 79. Furthermore, the client undertakes:
not to infringe in any way the provider’s intellectual property rights;
to maintain copyright notices and other proprietary rights statements appearing on the various elements and documents provided, whether originals or copies.

Miscellaneous

These ToU are concluded for the entire duration of the client’s access to the BCdiploma application. In the case of a free trial, access is granted for a fixed period specified at the time of registration, unless early termination by either party, at any time, by simple written notification. In the event of termination, the client’s access to the application will be suspended, without prejudice to the performance of prior obligations.
None of the parties shall be held liable for a breach of their contractual obligations resulting from a case of force majeure, as defined by Article 1218 of the French Civil Code and French case law. Events deemed as force majeure include, but are not limited to, unpredictable, irresistible, and external events such as natural disasters, acts of war, terrorist acts, strikes, widespread network outages, or pandemics.
These ToU are governed by French law, notwithstanding any conflict of laws rule. In the event of a dispute concerning their validity, interpretation, or performance, exclusive jurisdiction is assigned to the Commercial Court of Nanterre (France), including in the case of multiple defendants or third-party claims.
These ToU are offered in several languages for convenience. In the event of a discrepancy in interpretation, and unless otherwise provided in the applicable ToS, only the French version shall prevail. For clarity, the present Terms of Use (ToU) correspond to what may be referred to as “Conditions Générales d’Utilisation (CGU)” in the French version.
The headings of the articles contained herein are for indicative purposes only and shall in no way condition the meaning or interpretation thereof.

Last update: May 2025