Evalmee Terms of Sale

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This page supersedes any earlier copy of the document, in whatever form. The document is written in French: this translation is provided for information only, and the French version prevails in the event of any discrepancy.

1. Purpose

These Terms of Sale (the "Terms of Sale") govern the arrangements for subscribing to, invoicing and performing the services offered by FD EDU SAS, which operates the Evalmee brand ("Evalmee"), whether for individual Customers or for organizations (schools, training centers, certification bodies, companies).

They supplement the Terms of Use and the Privacy Policy, to which they are inseparably linked, and to which the Data Processing Agreement (DPA) is appended.

1.1 Acceptance of these Terms of Sale and formation of the contract

These Terms of Sale are accepted:

  • for the Individual and Team plans, electronically upon online subscription;
  • for the Organization plan, by acceptance of the quote, issue of a purchase order or signature of the Master Services Agreement, which entails acceptance of the Terms of Sale, the Terms of Use, the Privacy Policy and the Data Processing Agreement.

Acceptance of these Terms of Sale entails conclusion of the Data Processing Agreement (DPA), which forms an integral part of them (article 8.1).

Each version of the Terms of Sale bears an effective date; earlier versions remain available on request.

1.2 Capacity of the subscriber

The Services are intended exclusively for natural or legal persons acting in a professional capacity, in the course of their teaching, training, certification or assessment activity, to the exclusion of any consumer within the meaning of the French code de la consommation. By subscribing, the Customer declares that it acts in that capacity.

1.3 Contractual documents and order of precedence

In the event of a contradiction between the contractual documents, the order of precedence is as follows:

  1. The Data Processing Agreement (DPA), for everything concerning the processing of personal data
  2. The Master Services Agreement and its specific annexes (SLA, quote, purchase order), where one exists
  3. These Terms of Sale
  4. The Terms of Use
  5. The Privacy Policy

No quote or purchase order may derogate from the provisions of the DPA.

The Master Services Agreement is reserved for the Organization plan. It does not apply to the Individual and Team plans, whose term, renewal and termination are governed solely by articles 5 and 12 of these Terms of Sale: a monthly or annual subscription, terminable at any time from the management interface.

2. Definitions

  • Customer: any natural or legal person subscribing to an Evalmee plan (Individual, Team or Organization).
  • Examiner: a person (teacher, trainer, assessment/certification center) using the Platform to create, configure and mark Assessments.
  • Participant: a person (candidate, learner, attendee) sitting an Assessment through the Platform.
  • Services: all the features of the Evalmee Platform available under the plan subscribed to.
  • Individual plan: a named-user subscription taken out directly online through Stripe.
  • Team plan: a multi-user subscription taken out directly online through Stripe.
  • Mini, Pro and Max: the commercial names, published on the Pricing page, of the subscriptions taken out online under the Individual and Team plans.
  • Organization plan: a bespoke organizational subscription, taken out by quote and invoice.
  • Per-Participant license: an annual right of access to the Services opened for a given number of distinct Participants.
  • Platform fee: the price of access to the Services under the Organization plan when it is taken out in Credits, independent of consumption.
  • Credit: the unit of consumption of the Organization plan. Credits are deducted when a Participant starts an Assessment, according to the options enabled for it and the scale set out in the quote.
  • Credit pack: a batch of Credits purchased in advance, at a unit price that decreases with its size.

3. Prices and plans

3.1 Free trial

Evalmee offers, at its sole discretion, limited free access to the Services ("Free trial"). That access is restricted in time and/or in volume of use.

Evalmee reserves the right to end a Free trial at any time or to limit its scope.

The Free trial entails no obligation to subscribe subsequently.

3.2 Self-serve plans

The prices applicable to the Individual and Team plans are published on the Evalmee site at the time of subscription.

Prices are in euros excluding tax; all taxes are additional.

3.3 Organization plan

The Organization plan takes one of the following two forms, or combines them.

a) Annual per-Participant license. The price depends on the number of distinct Participants who have sat at least one Assessment during the contractual period. The number of Participants subscribed is stated in the quote. Additional Participants recorded at the end of the period are invoiced at the unit price of the price band into which they fall.

b) Platform fee and Credits. The Customer pays a Platform fee and purchases at least one Credit pack.

  • Credits are deducted when a Participant starts an Assessment. A Participant who is invited but does not start the Assessment gives rise to no deduction. Deducted Credits are not returned, including where the script or the grade is subsequently deleted.
  • The oldest Credits are consumed first.
  • Credits are valid for twenty-four (24) months from the invoicing of the pack that contains them. Credits not consumed when that period expires are forfeited and give rise to no refund or credit note, including on termination.
  • When the available Credits are exhausted, neither access to the Services nor any Assessment in progress is interrupted: Credits deducted beyond them are invoiced at the unit price in force, monthly in arrears.

Options. Certain options, including white label, are priced separately. They are invoiced at the frequency of the subscription to which they are attached and follow its term.

Prices. The applicable prices (price of the per-Participant license, Platform fee, scale for deducting Credits, prices of Credit packs and of options) are set out in the accepted quote, together with any purchase order, which is authoritative. They are stated in euros excluding tax; all taxes are additional.

4. Invoicing and payment

  • Individual & Team: invoicing and payment through Stripe (bank card). The payment is taken automatically on each due date.
  • Organization: invoicing after a quote, stating the purchase order number where applicable. The per-Participant license, annual Platform fees and Credit packs are invoiced on order; monthly Platform fees, on each due date; additional Participants, at the end of the period; Credits deducted beyond the available Credits, monthly in arrears. Payment is made by bank transfer and is due on receipt, unless the quote states otherwise.

Any late payment gives rise automatically, from the day after the due date and without any formal notice being required (article L441-10 of the Code de commerce), to:

  • late payment penalties equal to three times the French statutory interest rate;
  • a fixed indemnity of €40 for recovery costs.

After a formal notice that has remained without effect for fifteen (15) days, Evalmee may also suspend access to the Services, excluding any exam session in progress.

Throughout the suspension, the Customer's data is kept and remains recoverable by it under the terms of the DPA.

5. Term and renewal

  • Subscriptions are entered into for an initial monthly or annual term depending on the plan chosen.
  • Unless the Customer terminates before the due date, they renew by tacit agreement for equivalent periods.
  • Periods that have started are non-refundable, except in the event of termination through Evalmee's fault or of a pro rata refund expressly provided for in the Master Services Agreement.
  • This article governs the Individual and Team plans. Under the Organization plan, the per-Participant license and the Platform fee are taken out for a firm term of twelve (12) months, renewable by tacit agreement for identical periods unless terminated by written notice at least thirty (30) days before the due date. The Platform fee may be paid monthly or annually in advance, without effect on that term. The Master Services Agreement may provide otherwise.

6. Customer's obligations

The Customer undertakes to:

  • pay for the subscriptions in accordance with these Terms of Sale;
  • comply with the Terms of Use and the Privacy Policy;
  • guarantee the lawfulness of the content and of the processing carried out through the Platform;
  • set out the arrangements for remote assessments and for remote proctoring in its academic regulations, its own general terms or its training agreement, and bring them to the attention of Participants before they register;
  • inform Participants, before each remotely proctored exam, of the identity of the controller, of the options actually enabled, of the nature of the data collected, of the retention periods and of how to exercise their rights;
  • determine the legal basis for its processing, it being specified that the consent of Participants is not an appropriate basis for remote proctoring;
  • obtain, where applicable, the authorization of the holder of parental authority for the registration and the opening of an account in the name of a minor, that authorization being distinct from the legal basis of the remote proctoring processing, which the Customer determines separately.

7. Evalmee's obligations

Evalmee undertakes to:

  • provide the Services in accordance with the Terms of Use;
  • ensure reasonable availability and support;
  • implement appropriate security measures;
  • inform the Customer of substantial changes affecting the Services or the prices.

Evalmee is bound by a best-efforts obligation and not by an obligation to achieve a specific result.

8. Personal data

  • The Customer, when acting as an Examiner, is the controller of its Participants' data.
  • Evalmee acts solely as a processor, in accordance with the GDPR, the Terms of Use and the Privacy Policy.

8.1 Data Processing Agreement

  • The Data Processing Agreement (DPA) is appended to these Terms of Sale, of which it forms an integral part. It is deemed accepted by the Customer upon online subscription (Individual and Team plans) or, for the Organization plan, upon acceptance of the quote or issuance of a purchase order; where a Master Services Agreement is concluded, it is also signed as an annex to it. A copy of the DPA in force, dated and signed by Evalmee, may be obtained at any time on request at contact@evalmee.com. The DPA is provided at no extra cost, whatever the plan subscribed to.
  • By subscribing, the Customer declares that it acts as controller of its Participants' data, or with the authorization of a controller that it identifies.
  • In the event of a contradiction between these Terms of Sale and the DPA on a personal data matter, the DPA prevails.

8.2 Remote proctoring options

The remote proctoring measures — full screen, reporting of screen exits, copy-and-paste detection, second-screen detection, screen recording through event-triggered screenshots or as continuous video, recording of the webcam and the microphone, identity verification — are disabled by default and are set exam by exam by the Customer's Examiners. Browser monitoring (full screen, reporting of screen exits, copy-and-paste detection) is available with every plan, and screen monitoring (second-screen detection, event-triggered screenshots) with the Pro, Max and Organization plans. Video proctoring (recording of the webcam and the microphone, screen sharing as continuous video) and identity verification belong to the Organization plan alone.

Evalmee enables no option on its own initiative and recommends no configuration: the choice of arrangements, their proportionality in the light of what is at stake in the exam and their legal basis are matters for the Customer, as controller, and for its data protection officer.

The fraud risk score is calculated from the events detected. It constitutes neither a decision, nor evidence, nor a report: a human review by one of the Customer's Examiners always precedes any action taken.

8.3 Hosting and sub-processors

Exam data — submissions, answers, grades, time-stamped events, screenshots, video and audio recordings, identity photographs — is hosted in France (Scaleway; AWS eu-west-3 region, Paris), backups included, with no replication outside the European Union. By way of exception, for AI-assisted grading of open questions, the question, the grading rubric and the answer are sent, without the Participant's name or identifier, to the model provider named in the List of sub-processors, on its European endpoints; they are not used to train any model.

The List of Evalmee's sub-processors is public and kept up to date. Any plan to add or replace a sub-processor is notified to the administrator contacts at least thirty (30) days before it takes effect, the Customer having the same period in which to object under the conditions of article 12 of the DPA.

8.4 Reversibility

Whatever the plan subscribed to, the Customer may export its data from the Platform at any time, free of charge, and obtain, at the end of the subscription, its return or its deletion under the conditions of article 11 of the DPA.

9. Intellectual property

  • Evalmee retains full intellectual property in the Platform, in its developments and in its documentation.
  • The Customer retains ownership of the content it imports or generates (exam papers, answer keys, submissions).
  • Evalmee has a limited, non-exclusive license to host and process that content solely for the purpose of performing the Services.

10. Publicity and references

Unless the Customer objects in writing, Evalmee is authorized to cite its name and/or its logo in its commercial references and communication materials.

11. Liability

  • Evalmee cannot be held liable for indirect damage (loss of opportunity, loss of data, loss of revenue).
  • Evalmee's aggregate liability, on all grounds combined, is capped at the amounts actually paid by the Customer over the 12 months preceding the triggering event.
  • These limitations have no effect on the rights of data subjects under article 82 of the GDPR, nor in the event of gross negligence or wilful misconduct.
  • The Customer remains responsible for the use of the Platform and for the educational, organizational or disciplinary decisions connected with the Assessments.

12. Termination

  • The Customer may terminate its subscription at any time from its management interface (Individual and Team plans) or by written notice (Organization plan, at the due date and subject to the notice period provided for in article 5 or in the Master Services Agreement).
  • In the event of a serious breach by the Customer, Evalmee reserves the right to suspend or terminate access to the Services, without notice or refund. Termination has no effect on Evalmee's obligations under article 11 of the DPA: for thirty (30) days, the Customer retains the ability to obtain the export or the deletion of its data.

13. Changes to these Terms of Sale

Evalmee may amend these Terms of Sale. Any substantial change is notified to the Customer with thirty (30) days' notice. A Customer who refuses the change may terminate without penalty during that period; failing that, continued use of the Services amounts to acceptance.

The provisions of the Data Processing Agreement cannot be amended unilaterally: any change that would reduce the guarantees offered to the Customer or to data subjects requires its express agreement.

14. Governing law and jurisdiction

These Terms of Sale are governed by French law.

Any dispute concerning their interpretation or their performance falls within the jurisdiction of the courts of the district of Evalmee's registered office, unless mandatory legal provisions state otherwise. Where the Customer is a public body, disputes fall within the jurisdiction of the competent administrative court, in accordance with the public policy rules on the allocation of jurisdiction.

These Terms of Sale are written in French. The translations published on the site are provided for information only; in the event of any discrepancy, the French version prevails.