Who we are
Name: Blue Morpho (“we”, “us”, “our”)
1. Presentation
Blue Morpho SAS, a company incorporated under the laws of France, having its registered office at 122 Rue Amelot, 75011 Paris, France, registered with the Paris Trade and Companies Register under number 982 522 286 (“the Company”), provides its customers with access to a software-as-a-service platform for decision-making and business process automation powered by artificial intelligence (the “Service”), available via the website www.getbluemorpho.com (the “Website”).
Contact email: contact@getbluemorpho.com
2. Formation
2.1. These Terms and Conditions (the “Terms”) apply to the agreement (the “Agreement”) entered into between the Company and the customer (the “Customer”), under which the Company provides the Customer with access to the Service. The Company and the Customer are individually referred to as a “Party” and collectively as the “Parties.” “Customer” means any individual or legal entity acting for professional purposes that subscribes to or uses the Service.
2.2. Any publicly displayed information about the Service, including pricing and features, whether on the Website or in marketing materials, is non-contractual and provided solely for general information purposes.. Only the features and pricing included in the specific offer communicated by the Company to the Customer shall be binding. Unless otherwise stated, the validity period of any offer is thirty (30) days.
2.3. The Customer may accept an offer for a paid version of the Service by (i) written acceptance, (ii) returning a signed purchase order issued by the Company, or (iii) confirming in writing (including by email) that it subscribes to the offer.
2.4. Upon acceptance of the offer, the Agreement enters into force. The Customer acknowledges and agrees that these Terms apply exclusively, and waives the application of any conflicting provisions contained in its own purchasing terms or other documents. However, mandatory legal rules applicable to the Customer (for example, public procurement rules) prevail over these Terms.
2.5. When a Customer creates an account directly on the Website (for example, to access a free version or trial of the Service), the Customer acknowledges that it has read, understood, and accepted these Terms. Such account creation constitutes a binding Agreement between the Customer and the Company.
3. Service
3.1. The Company undertakes to use commercially reasonable efforts corresponding to the standards of a professional in the field to provide the Service with quality, reliability, and diligence.
3.2. The Service includes access to the Company’s software platform, APIs, documentation, and related support, as described in the relevant offer or on the Website. The Service may be made available under different plans, including free or paid plans.
3.3. Unless otherwise specified, the Service is provided on a best-efforts basis. The Company does not guarantee uninterrupted or error-free operation but will make reasonable efforts to ensure continuity and timely maintenance.
4. Customer Obligations
4.1. The Customer shall:
Provide accurate and up-to-date information necessary for the performance of the Agreement.
Maintain confidentiality of login credentials and ensure that access to the Service is restricted to authorized users.
Use the Service only in compliance with applicable laws and regulations.
Refrain from attempting to reverse engineer, copy, or reproduce any part of the Service.
Not use the Service for unlawful, abusive, or fraudulent purposes.
4.2. The Customer is responsible for any activity conducted through its account.
4.3 The Customer shall ensure that its authorized users comply with these Terms and shall remain liable for any use of the Service by such users.
5. Intellectual Property
5.1. The Customer acknowledges that all elements made available by the Company — including but not limited to software, algorithms, texts, images, interfaces, databases, logos, and other content — are protected by intellectual property rights (including copyright, trademark, and database rights) owned or licensed by the Company.
5.2. No ownership rights are transferred to the Customer. The Customer is granted only a limited, non-exclusive, non-transferable, and revocable right to use the Service in accordance with these Terms.
5.3. The Customer must refrain from modifying, reproducing, or deleting any proprietary notices or intellectual property references appearing in the Service.
6. Pricing
6.1. Access to certain versions of the Service may be provided free of charge. For paid versions, the Customer shall pay the price set forth in the accepted offer or as displayed on the Website. Prices are expressed in euros (EUR) and exclude value-added tax (VAT), unless otherwise stated.
6.2. The price may be fixed, periodic (monthly, annual), or usage-based, and may include additional costs such as setup, migration, support, or maintenance.
6.3. The Company reserves the right to modify pricing at any time upon written notice, including by email, to the Customer. Unless otherwise stated, any change takes effect on the first day of the second month following notification. The Customer may reject the change by written notice, which results in termination of the Agreement on the date the new pricing would have taken effect.
7. Payment and Invoicing
7.1. The Company issues invoices and sends them to the Customer by email.
7.2. Invoices are payable immediately and no later than thirty (30) days from the date of issue, unless otherwise specified.
7.3. Any late payment may result in (i) late interest under applicable French law and (ii) suspension of access to the Service until payment is received.
8. Liability
8.1. To the fullest extent permitted by law:
The Company provides no warranty or liability other than those expressly stated in these Terms.
The Company shall only be liable for willful misconduct, gross negligence, or failure to fulfill essential obligations under the Agreement.
The Company’s liability is limited to direct damages. Under no circumstances shall the Company be liable for indirect or consequential damages, including loss of income, profit, data, customers, reputation, or anticipated savings.
In any case, the Company’s total liability under the Agreement shall not exceed the total amount paid by the Customer for the Service during the twelve (12) months preceding the event giving rise to liability.
8.2. For Customers using the free version of the Service, the Service is provided “as is” without any warranty of availability or fitness for purpose, and the Company’s liability is excluded to the maximum extent permitted by law.
9. Confidentiality
9.1. Each Party undertakes to treat as strictly confidential any non-public information received from the other Party in the context of the Agreement.
9.2. Confidential information shall not be disclosed or used for any purpose other than the performance of the Agreement, except where disclosure is required by law or a competent authority.
9.3. The confidentiality obligations survive termination of the Agreement.
10. Data Protection
10.1. Each Party undertakes to comply with applicable data protection laws, including the EU General Data Protection Regulation (GDPR) and the French Data Protection Act.
10.2. Where the Company processes personal data on behalf of the Customer, such processing is governed by the Data Processing Annex attached to the Agreement, in accordance with Article 28 of the GDPR.
10.3. The Customer remains responsible for the legality of personal data processing performed through the Service.
11. Duration and Termination
11.1. The Agreement enters into force upon acceptance of the offer or upon the Customer’s creation of an account, whichever occurs first.
11.2. After the initial period specified in the Agreement, either Party may terminate the Agreement by giving written notice of termination. The Agreement will automatically terminate three (3) months after such notice is sent.
11.3. The Company may immediately suspend or terminate the Service if the Customer breaches these Terms and fails to remedy the breach within fifteen (15) days of written notice.
11.4. The Company may terminate or suspend access to the free version of the Service at any time, without prior notice or compensation.
11.5. Amounts paid by the Customer are non-refundable, regardless of the reason for termination, except where required by law.
12. Modifications
12.1. The Company may modify these Terms at any time and will inform the Customer by sending or making available the updated version. Unless otherwise specified, the new version applies on the first day of the second month following notification.
12.2. If the Customer objects to the new Terms, the Agreement will automatically terminate at that date. Until termination, the previous version continues to apply.
13. Force Majeure
13.1. Neither Party shall be held liable for a failure to perform its obligations due to an event of force majeure, as defined in Article 1218 of the French Civil Code, including but not limited to natural disasters, war, acts of government, strikes, or network failures.
14. Communications
14.1. Any notice or communication under the Agreement shall be made in writing by email to the contact address appearing in the latest invoice, offer, or correspondence exchanged between the Parties.
14.2. A document is deemed received when sent to the relevant email address, unless the sender receives a failure notification.
15. Governing Law and Jurisdiction
15.1. The Agreement and these Terms are governed by and construed in accordance with the laws of France.
15.2. Any dispute arising out of or relating to the Agreement shall fall within the exclusive jurisdiction of the Commercial Court of Paris (Tribunal de commerce de Paris).
16. Annexes
The following annexes form an integral part of the Agreement:
Annex 1: Confidentiality Agreement
Annex 2: Data Processing Agreement (DPA)
Annex 3: Standard Provisions
Any other annex attached to the offer.
Blue Morpho SAS 122 Rue Amelot, 75011 Paris, France RCS Paris 982 522 286 contact@getbluemorpho.com www.getbluemorpho.com