1. Purpose and acceptance
These terms of use (the “Terms”) govern access to and use of https://meliform.com and its related services (the “Service”), published by Kassim MONDOHA (“we”).
Creating an account constitutes full acceptance of the Terms in force on the date of registration. If you do not accept these Terms, you must not use the Service.
2. Definitions
- User: any person holding an account on the Service.
- Creator: a User who creates or administers a form, learning path or organisation.
- Respondent: any person who fills in a form, whether or not they hold an account.
- Content: any item published by a User — form, question, text, image, comment, edit proposal.
3. Registration and account
- Registration is restricted to natural persons aged 15 or over. Below that age, the consent of the holder of parental responsibility is required.
- You undertake to provide accurate information and to keep it up to date.
- Your account is personal. You are responsible for keeping your credentials confidential and for any activity carried out from your account.
- You must notify us without delay of any unauthorised use of your account.
- Creating multiple accounts in order to circumvent a sanction, distort a leaderboard or multiply attempts at a form is prohibited.
4. Description of the service
The Service allows you to create, customise, publish and share forms (surveys, quizzes, exams, certifications, learning paths), collect responses and review results. It is provided free of charge; some features may in future become part of a paid offering, which would then be subject to specific terms and would not affect features you already use without prior notice to you.
The Service includes artificial-intelligence assistance features (form generation and translation), relying on a third-party provider identified in the privacy policy. These features are provided within the limits of reasonable use: their availability depends on capped processing capacity, and we may temporarily slow down, cap or suspend them for an account whose consumption is manifestly disproportionate compared with normal use of the Service, or when the overall allocated capacity is reached. Such a measure does not constitute a sanction within the meaning of article 14, concerns only artificial-intelligence assistance, and affects neither your Content nor the other features.
Content produced by these features is generated automatically and may contain inaccuracies. It is a starting point: it is your responsibility to review it and check its accuracy before publication, in particular where the form is used to assess, grade or certify individuals. You remain responsible for the Content you publish, in accordance with article 7.
5. Your commitments
When using the Service, you undertake to:
- comply with applicable laws and regulations and with third-party rights;
- use the Service only for the purposes for which it is offered;
- not disrupt its operation: intrusion attempts, code injection, mass automated data extraction, circumvention of technical limitations, deliberate overloading;
- not impersonate a third party or suggest a non-existent affiliation with an organisation;
- hold the necessary rights to the Content you publish;
- when collecting personal data through a form, comply with applicable regulations and inform your Respondents, in accordance with the data processing agreement.
6. Prohibited content
The following Content is prohibited, among others:
- manifestly unlawful content: condoning crimes against humanity, incitement to hatred, violence or discrimination, terrorist content, child sexual abuse material or content violating human dignity;
- defamatory, insulting or harassing content, or content infringing privacy or image rights;
- content infringing intellectual property rights;
- deceptive content: phishing, fraudulent collection of credentials or bank details, impersonation of a third party’s visual identity;
- unsolicited bulk messaging, scams or pyramid schemes;
- distribution of malware or links to malware;
- collection of special category data without a legal basis or without informing the data subjects.
7. Our hosting status
The Service is a platform hosting Content provided by Users. We act as a hosting provider within the meaning of Article 6 I 2 of French Act No. 2004-575 of 21 June 2004 and of Regulation (EU) 2022/2065 on digital services.
Accordingly, and in line with Article 8 of Regulation (EU) 2022/2065, we are under no general obligation to monitor the Content we store, nor to actively seek facts indicating illegal activity. We carry out no prior editorial review of published forms.
We may only be held liable for unlawful Content if, having actual knowledge of its manifestly unlawful nature, we failed to act expeditiously to remove it or disable access to it. Each User remains solely responsible for the Content they publish, as well as for any personal data processing they carry out by means of their forms.
Reporting Content to us that you know to be inaccurate, in order to obtain its removal, engages your own liability (Article 6 I 4 of the LCEN).
8. Reporting and moderation
Anyone may report Content they consider unlawful through the contact form, subject “Report content”. To be actionable, a report must include:
- the address (URL) of the Content concerned;
- a sufficiently substantiated explanation of why you consider it unlawful;
- your name and email address, except where the report concerns offences relating to child sexual abuse.
Once a report is received:
- we acknowledge receipt without delay;
- we review it diligently, in a non-arbitrary and objective manner;
- depending on the seriousness, we may: take no action, restrict the visibility of the Content, remove it, or suspend or terminate the account concerned;
- we inform the author of the Content of the measure taken and the reasons for it, and inform the reporter of the outcome.
A User affected by a restriction may contest it by replying to us within six months: the request will be reviewed again and, if well-founded, the measure will be lifted. This internal procedure is without prejudice to your right to bring the matter before the competent court.
9. Intellectual property
The Service, its trademark, interface, visual identity and source code remain our exclusive property. The Terms grant you only a personal, non-exclusive and non-transferable right to use the Service for its duration.
You retain full ownership of the Content you publish. You grant us, for the sole duration necessary to provide the Service and free of charge, a non-exclusive licence to host, reproduce, technically adapt (image resizing, format conversion, machine translation where you enable it) and display your Content, within the limits of the visibility settings you have chosen. This licence ends when the Content is deleted, subject to copies legitimately made by other Users (see section 10) and to temporary technical backups.
10. Copying and community contributions
The Service includes collaborative features that you enable at your own initiative:
- Form copying: if you allow one of your forms to be copied, you grant other Users the right to make an independent copy of it, modify it and publish it under their own name. This authorisation is irrevocable for copies already made: disabling the option only takes effect for the future.
- Edit proposals: on a form open to contributions, other Users may propose changes, which you remain free to accept or reject. By submitting a proposal, its author agrees that it may be incorporated into the original form without compensation.
- Comments: comments posted on a form are visible to everyone who has access to it. The Creator may disable comments on their forms.
11. Personal data
The processing of your data as a User is described in the privacy policy. The processing of data you collect from your Respondents is governed by the data processing agreement, which forms an integral part of these Terms and which you accept together with them.
12. Availability and changes
We strive to keep the Service available but cannot guarantee it. Access may be suspended, in particular for maintenance, updates, or in the event of a technical incident, force majeure or provider failure. We may develop, modify or remove all or part of the features; should the Service be permanently discontinued, you will be given reasonable notice allowing you to retrieve your Content.
13. Liability
As the Service is provided free of charge, our liability is limited as follows:
- we are not liable for Content published by Users, under the conditions of section 7;
- we do not warrant that the Service will be error-free or uninterrupted, nor that it will meet your specific needs;
- we are not liable for indirect damage such as loss of business, loss of opportunity, or commercial or reputational harm;
- it is your responsibility to keep a copy of your important Content and data;
- none of these limitations applies in the event of gross negligence or wilful misconduct, personal injury, or where the law prohibits them — in particular towards consumers, whose statutory rights remain unaffected.
14. Suspension and termination
You may stop using the Service and delete your account at any time from your settings, without notice or justification.
We may suspend or terminate your account in the event of a breach of the Terms, after a formal notice that has remained without effect for fifteen days — except in the case of a serious breach (manifestly unlawful content, compromise of the Service’s security, repeat offence), which allows immediate suspension. Any measure will be notified to you with reasons, and may be contested under the procedure set out in section 8.
15. Changes to these terms
We may amend the Terms, in particular to reflect legal or functional developments. In the event of a material change, you will be informed at least fifteen days before it takes effect and your acceptance may be requested again at sign-in. Continued use of the Service after that date constitutes acceptance. Each version is identified by a number and a date, shown at the top of this page.
16. Governing law, language and disputes
The Terms are governed by French law. They are drafted in French and translated into English, German, Italian and Spanish for your convenience: in the event of any discrepancy between the versions, the French version prevails.
In the event of a dispute, we invite you to contact us first in order to seek an amicable solution. Failing agreement, the dispute may be brought before the competent courts. If you are a consumer, you retain the right to bring proceedings before the court of your place of residence and, where applicable, to refer the matter to a consumer mediator.