General Terms of Use

Definition:


The terms used with a capital letter, in singular and/or plural form, within the context of these General Terms of Use, have the meanings defined below:
"Agreement": refers to these General Terms of Use as well as the Privacy Policy;
"User": encompasses both Free Users and Premium Users;
"Free User": refers to a user who creates an account on our Platform to access free features;
"Premium User": refers to a user who creates an account on our Platform to access Solo or Plus premium services;
"Platform": refers to the digital platform, whether a website and/or a mobile application, allowing access to the Service and its use; By phone: +212 (0) 522-872-585 By email:
"Visitor": includes any person, internet user, exploring the Platform without creating an associated account.
These General Terms of Use (hereinafter 'GTU') govern the relationship between you, as a person accessing the Platform, and are applicable during your use of the Platform and, where applicable, as a User, until your account is deactivated. If you do not accept the terms of the GTU, you are strongly advised not to use our Platform and services.
By browsing the Platform as a Visitor, you acknowledge having read and accepted all of these GTU as well as our Privacy Policy.
By creating an account by clicking on the 'Sign up with LinkedIn' or 'Register with an email' or 'Sign up with Google' or 'Sign up with Apple' button to become a User, you are invited to read and accept these GTU and the Privacy Policy by ticking the box provided for this purpose.
We encourage you to review the 'General Terms of Use and Privacy Policy' before your first use of our Platform and regularly during their updates. Indeed, we may need to modify these GTU. If changes are made, we will inform you by email or via our Platform to allow you to review the changes before they take effect. If you continue to use our Platform after the posting or sending of a notice regarding the changes to these conditions, it means that you accept the updates. The GTU that will be enforceable against you will be those in force during your use of the Platform.

Article 1. Registration for the service


1.1 Conditions for registration on the Platform
Some features of the Platform require registration and the creation of an account. Before you can register, you must have read and accepted these GTU and the Privacy Policy.
You declare that you have the capacity to accept these general terms of use, meaning you are over 16 years of age and not subject to a legal protection measure for adults.
Before accessing our Platform, the consent of minors under 16 must be given by the holder of parental authority.
Our Platform does not allow the registration, collection, or storage of information related to any person aged 15 years or younger.
1.2 Account creation
You can create an account in two ways:
1.2.1 By manually filling in the mandatory fields of the registration form with complete and accurate information on our Platform. To register your account, you must provide some personal information, such as your name, first name, and your email address. The processing of your data is described in our Privacy Policy.
1.2.2 By using an existing account (including via Google, LinkedIn, and Apple), using the function provided for this purpose. By using this feature, we will have access to, publish on our Platform, and store certain information from your Google, LinkedIn, or Apple account. You can remove the link between your account on the Platform and your Google, LinkedIn, or Apple account at any time via the settings of your Google, LinkedIn, or Apple profile. See our Privacy Policy as well as those of Google, LinkedIn, or Apple for more information on the use of your data.
After creating your account, you will receive an email with a temporary password that you must change upon your first login to our Platform
When creating your account, regardless of the method chosen, you agree to provide true, accurate, complete personal information and to update it to ensure its relevance and accuracy throughout your relationship with us.
In the case of registration by email, you agree to keep the password chosen at the time of creating your account confidential and not to disclose it to anyone. In case of loss or disclosure of your password, you agree to inform us without delay. You are solely responsible for the use of your account by a third party until you have notified us of the loss, fraudulent use, or disclosure of your password.
You agree not to create or use accounts other than the one initially created, whether under your own identity or that of a third party. You may not allow third parties to use your account nor may you assign or transfer your account to another person or entity.
The information provided during registration can be corrected by returning to the previous screens. You agree to comply with applicable laws when using the services, and you may only use the services for lawful purposes. The content of the Platform must be used solely for private purposes.
When choosing your password, it is recommended not to use a simplistic password (for example: 123456).
Your username and password are strictly personal and confidential. You must keep and use them in a way that maintains their strict confidentiality.
You alone are authorized to access the Service with your username and password. Any use of the Platform with your credentials is deemed to have been made by you.
The Member will be the only one authorized to access the Service using their username and password. Any use of the Platform through their credentials is deemed to have been made by the Member themselves. In case of use by a third party of their username and password, the Member must immediately notify BCloud by sending an email to the following address : [email protected].
1.3 Conditions of access to the Platform
1.3.1 If you do not have a Free User account
If you have not created a User account on our Platform, you can still access the Platform, but you will not be able to benefit from all the features and will not have a personal profile. Some accesses will not be allowed, such as full access to courses published by our teaching team and end-of-exercise quizzes. You will not have a personal account. These GTU are enforceable against you because they govern the conditions of use of the Service, and you must be aware of and accept them before continuing your navigation on the Platform.
1.3.2 If you already have a Free User account
The BCloud service that does not require payment is currently designated by the term 'Free Service'.
If you have created a Free User account, you can access the Platform and some features of the Free Service. Following the creation of your account, you will be able to access your profile page where you enter certain mandatory and some optional information.
Article 2. Information provided by you

Article 2. Information provided by you


Each person guarantees to BCloud that the information they provide about their identity and contact details in the context of the Service is true, accurate, complete, and up-to-date. You are solely responsible for the truthfulness and accuracy of this information. You agree to regularly update all the information to preserve its accuracy.
BCloud cannot be held responsible for errors, omissions, inaccuracies that may be found in the information you have provided us, nor for any damage that may result for other Users or third parties.
You are responsible for all activity that occurs on your account, and you agree to maintain the security and confidentiality of your username and password at all times. You may only have one account.

Article 3. Intellectual Property


Except for courses created by Users and/or Partners of BCloud, all technical, graphic, textual, or other elements forming the Service and/or our Platform (texts, graphics, software, multimedia files, photographs, images, videos, sounds, plans, graphic charter, technology(s), source codes, names, trademarks, logos, visuals, databases, etc.) as well as our Platform and the Service themselves are the exclusive property of BCloud.
The User acknowledges that no ownership is transferred to them, and that no right or license is granted, except for the right to use the Service in accordance with these terms for the duration of the Contract, as well as the rights to use the courses granted under the Creative Commons licenses mentioned in section 4.1.1 below.
Therefore, except with prior express authorization from BCloud or a Creative Commons license permitting it, the User agrees not to:

  • Reproduce, for commercial or non-commercial purposes, courses present on the Service (except their own courses) and/or the technical, graphic, textual or other elements constituting the Service and/or our Platform;
  • Incorporate any or all of the content of the Service and/or our Platform into a third-party site, for commercial or non-commercial purposes;
  • Use a robot, especially a crawler (spider), a search or site retrieval application or any other means to extract, reuse, or index any or all of the content of the Service and/or our Platform;
  • Collect information on Users to send them unsolicited messages and/or integrate them within a referencing service or equivalent, whether free or paid;
  • Copy the courses present on the Service (except their own courses) and/or the technical, graphic, textual, or other elements constituting the Service and/or our Platform onto any media that allows the reconstruction of all or part of the original files.

Any use not expressly authorized of elements of the Service and/or our Platform engages the civil and/or criminal liability of its author and may lead to legal proceedings against them.3.2. Intellectual property relating to content published by the User on the Service3.2.1. In exchange for using the Service, regardless of the Creative Commons license under which the course is submitted, Members grant BCloud a global, non-exclusive, transferable license that may be sublicensed, granting BCloud the right to copy, store, correct, adapt, and disseminate all content (including courses, Projects, and any other activity performed by Members on the Service) provided by the Member on the Service. This license is granted progressively as the relevant elements are published, solely for the proper functioning of the Service.3.2.2. The aforementioned Members guarantee that they hold the intellectual property rights and personality rights (notably, the right to the image) necessary for the publication of the contents (including courses) they post on the Service.
They also guarantee that the contents they publish on the Service contain nothing that violates the rights of third parties and current laws, particularly regarding defamation, insult, privacy, right to the image, offenses against good morals, or infringement.
Thus, you guarantee BCloud against any potential recourse from a third party concerning the publication of said contents (including courses) on the Service.

Article 4. Reporting - Post-moderation


Any Member or Subscriber has the opportunity to report to BCloud any message, comment, and more generally any content published within the Service that is contrary to the Contract or otherwise illegal. This includes offensive, abusive, defamatory, violent, obscene, pornographic contents, or that include provocation to discrimination or hatred based on race, religion, sex, or otherwise. Likewise, any content constituting a provocation to crimes and misdemeanors, an apology for crime, or that may infringe the intellectual property rights or personality rights of third parties can be reported. Additionally, any content that could alter the functioning of the Service and/or our Platform can also be reported.
To report content, you can contact BCloud by email at: [email protected], use the form accessible within the Service by clicking on the 'Contact Us' tab, or send postal mail to the address:Plateau 301, 3rd floor, Technopark Bd Dammam, Casablanca 20153, Morocco.When reporting, please follow these steps:

  • State your identity.
  • Describe precisely and in detail the contentious content and its location on our Platform.
  • Present the factual and legal reasons why the contentious content should be considered manifestly illegal and, therefore, removed from our Platform.
  • Provide a copy of the correspondence you have previously sent to the author of the content to request its modification or removal, and/or justify why you were not able to contact this author.

BCloud reserves the right to remove any illicit content or content not in compliance with the Contract that has been reported. Any manifestly abusive reporting may be sanctioned by BCloud.
For a complete understanding of your obligations, please review the 'Code of Conduct'.

Article 5. Protection of personal data


We pay particular attention to the protection of your personal data. You can find a detailed description of how we use your personal data and cookies, as well as their purposes, in our Personal Data Protection Policy. This policy is an integral part of these General Terms of Use (GTU).
BCloud expressly invites the User to consult its Personal Data Protection Policy for a thorough understanding of how we process personal data.

Article 6. User Obligations and Code of Conduct


7.1. User Obligations
As part of using the Platform, we ask you to commit to:

  • Guarantee the accuracy, integrity, and legality of the information you provide on the Platform regarding your identity and contact details;
  • Ensure the proper use of the Platform;
  • Create only one account within the Platform;
  • Refrain from entering information and/or messages, comments, and other malicious, denigrating, defamatory, abusive, obscene, pornographic, violent, racist, xenophobic, discriminatory, deliberately misleading, illegal content, or contrary to public order or good morals;
  • Respect the rights of others, including each individual's right to privacy, image, and other personality rights, as well as intellectual property rights (copyright, neighboring rights, rights to databases, trademark rights, patent rights, designs or models, trade secrets, etc.);
  • Not impersonate the quality, attribute, or identifier of another User or a third party in a manner that may mislead or create any confusion about their identity, the origin of the information, content (courses, messages, comments, etc.) they distribute or transmit within the Platform;
  • Not alter or disrupt the integrity of the Platform and/or the data contained therein;
  • Not attempt to gain unauthorized access to the Platform or to systems or networks associated with it or intercept data;
  • Use the Platform in compliance with applicable national and/or international laws and regulations.
In the event of a breach of any of these obligations, we reserve the right to temporarily or permanently suspend the User's account.

Article 7. Service interruption for maintenance or improvement


We are committed to doing everything possible to ensure the proper functioning of the Platform and its accessibility, but we are only bound by an obligation of means regarding the continuity of access to the Service. We cannot guarantee the permanence or performance of the Platform.
In the event of an update of the Platform for technical evolution, our Platform will be temporarily inaccessible.
Access to the Service may be interrupted for reasons including maintenance, updating, and in case of emergency.
More generally, any interruption of the Service regardless of the cause, duration, or frequency does not engage our liability and does not entitle the User to any compensation.
As a result, we cannot be held responsible for any loss of money or reputation, nor for any special, indirect, or consequential damages resulting from the interruption of the Service. Similarly, we cannot be held responsible for any possible damage to equipment, software, or data (for example, viral contamination) suffered by the User due to their use of the Service.
To avoid as much inconvenience as possible, you should ensure the regular backup of your information, content, and software.
You acknowledge using the Service, but a 'bug' in our Platform may cause you to lose some of your data, alter them, or expose them. However, we are committed to doing everything possible to restore them to the extent possible and to guarantee your access to the Platform as quickly as possible.

Article 8. Registration and rights over the User account


9.1. By a Member
All Members of our Platform have the right to access, modify, or delete their account.
If you have obtained a certificate or a diploma or validated skills, we cannot comply with your request to delete your account. Due to our regulatory obligations related to the nature of our activities, we must keep your student file, which includes your identity card and all your coursework with BCloud. Your data will be archived while ensuring maximum security and will only be accessible to a limited number of people within our services. If you wish, we can send you your student file.
Users can modify and obtain access to their personal account at any time by contacting us by email at [email protected]. If you wish to unsubscribe from our Platform, please click on the 'I want to delete my account' link in the member profile settings tab or by contacting us by email at the mentioned address. Your request to delete your account will result in the deletion of your personal data from our databases. The deregistration will lead to the termination of the Contract. This termination will take effect within thirty (30) working days from the receipt of the deregistration request by BCloud.
9.2.If a registration request to our services is made by a minor without the prior consent of their legal guardian, we may block access to the Account until consent is obtained.
When we notice that a User, Member, or Subscriber of the Platform does not comply with these GTU and the General Conditions of Sale, we will contact them to warn that sanctions may be taken against them, including the suspension of their account. The Code of Good Conduct outlined in these GTU must be respected by everyone for the proper functioning of the Platform and good relations among people.
If no solution is found and the rules of good conduct are not respected, we will be obliged to disable your account temporarily or permanently and will contact you in advance by email.

Article 9. Force Majeure


Neither party shall be liable to the other for any delay in performance or non-performance due to the occurrence of an event beyond the control of the parties that could not be reasonably foreseen at the time of accepting the GTU and whose effects cannot be avoided by appropriate measures.
The case of force majeure suspends the obligations of the concerned party for the duration of the force majeure if the event is temporary. Nevertheless, the parties will endeavor to minimize its consequences as much as possible.

Article 10. Dispute Resolution


The GTU are subject to Moroccan law. Any difficulties related to the validity, application, or interpretation of the GTU will be submitted, in the absence of an amicable agreement, to the Grand Instance Court of Rabat, to which the Parties attribute territorial jurisdiction, regardless of the place of execution or the domicile of the defendant. This attribution of jurisdiction also applies in case of summary proceedings, plurality of defendants, or warranty calls.