Terms and Conditions

These Terms and Conditions (hereinafter,“TC”) govern the use of the platform or suite that transforms a website into lead-generation experiences by creating and using a blastform, as well as analyzing the data obtained through the forms (hereinafter,“the Service”). The Service includes forms that can also be used on major messaging channels. One of the goals of this Service is to achieve higher conversion rates and provide a unique experience for visitors.

The Service is provided by Blast Group (hereinafter“Blast Form”), a French entity with a business address at 3 avenue de la division Leclerc, 92160 Antony, France, and Tax Identification Number FR66520951419 (hereinafter“Blast Group”), to the client (hereinafter“the Client”). Use of the Services implies the Client’s full acceptance of the Terms and Conditions in effect at the time of accessing the Service and, therefore, constitutes the contractual agreement between the Client and Blast Group.

By accepting the terms and conditions of our service, you expressly consent to being contacted by us through various means of communication, including but not limited to telephone, email, and chat, for the purpose of providing you with relevant information about our products or services, as well as to address any inquiries or requests you may have.

However, we recognize your right to manage your communication preferences with us. If at any time you wish to unsubscribe from our communications or restrict the way we communicate with you, you may do so by sending an email to legal@blastgroup.io from the email address associated with your account, clearly indicating your request to opt out of certain communication channels or all future communications. We are committed to processing your request within a reasonable timeframe and respecting your choice regarding the receipt of our communications.

Blast Group reserves the right to modify these Terms and Conditions at any time, as well as any other applicable terms, by notifying the Client. The Client shall have the right to terminate the contract if he does not agree with the new terms.

For more details, please visit the following link: Plans

‍Blast Group reserves the right to unilaterally modify, at any time and without prior notice, the design, presentation, and configuration of its platform, as well as some or all of its features, and/or to add new features.

The features included in the subscription purchased by the Client are those listed in the specific terms and conditions. The price stated in the specific terms and conditions is the price to be paid by the Client to Blast Group. Payment for any subscription or service does not, under any circumstances, constitute the purchase of the software, software applications, or titles, nor of any intellectual or industrial property rights.

Depending on the subscription plan selected, certain features of the tool may be available, and a certain number of users may be authorized to access the platform. If the Client wishes to expand the platform’s features or increase the number of users with access to it, Blast Group will prepare a proposal to change the Client’s current subscription plan to one that meets the new requirements.

Additional fees may apply depending on the volume of Services provided; these fees will be charged on a monthly or annual basis and paid in accordance with the payment options set forth in this clause. In the event of non-payment of any invoice, Blast Group will send a notice to the Client requesting payment within a period of no more than 3 calendar days.

If negotiations are conducted reasonably and in good faith, and there is diligent cooperation to resolve the breach, Blast Group may extend the period established for the payment to be brought into compliance. Blast Group reserves the right to suspend the Service after this period.

In the event that the Service is suspended due to non-payment, Blast Group will charge an additional fee of 200€ (fifty euros) to cover administrative and reactivation costs associated with restoring the Service.

These Terms and Conditions shall remain in effect for the term agreed upon by the Client in the specific terms and conditions.

The Service will be tacitly and indefinitely extended for equal consecutive periods, unless either Party objects by providing clear notice to the other at least two months before the start of the corresponding extension period. In the event that the Client decides not to renew, such notification must be sent via email to their Customer Success Manager (success@blastform.io)
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For Clients subscribed to the Enterprise Plan, a minimum notice period of two months is required to cancel their subscription before the end of the current contract period. Failure to provide such notice will result in the automatic renewal of the subscription for the subsequent period.

The Services are intended for the specific uses and purposes defined in these Terms of Service and in the applicable terms and conditions. Blast Group shall not be liable if the Client’s expectations are not met because the Client has assigned other uses, expectations, or purposes to the Services that fall outside the scope of the Services. In such a case, the Client shall not be entitled to any refund and shall not request a refund of the amount paid for the Services from Blast Group.

The Client shall indemnify, defend, and hold Blast Group harmless from any liability, damages, or costs arising from a third-party claim relating to: (i) the Client’s data and third-party data collected by Blast Group on the Client’s behalf; (ii) the use of the Services by the Client or users authorized by the Client in violation of these Terms of Service or the specific terms and conditions, in good faith and in accordance with the law; or (iii) the use of the Services by end users.

Blast Group will be liable only for actual and direct damages suffered by the Client—excluding lost profits—and only if such damages were directly caused by Blast Group, as determined by a final judgment. In any case, Blast Group’s financial liability will be limited to the amount corresponding to the price actually paid by the Client during the last six-month period for the Services that gave rise to the claim, as determined by a final judgment.

Blast Group offers the Client a 99% uptime guarantee, calculated on a 24-hour basis. Blast Group may compensate the Client for service interruptions in an amount equal to one day’s worth of the price paid by the Client, multiplied by each 24-hour period during which the Client experiences a service interruption.

However, if the Services are interrupted for a period of less than 24 hours for a reasonable cause—as determined in good faith and in accordance with best practices—this compensation will not be due.

Blast Group will periodically measure the availability of the Services. Blast Group reserves the right to periodically change the measurement points and the methodologies used without notifying the Client.

In the event that Blast Group detects or becomes aware of an interruption in the Services, it will send interruption reports and periodic status reports to the Client, including all necessary information.

In the event that the Client files a claim regarding the availability of the Services, and Blast Group determines that there was no interruption of the Services, Blast Group will provide the Client with the relevant information to support this determination. Blast Group will make every effort to notify the Client of scheduled maintenance as follows: (i) fourteen (14) days before scheduled maintenance and (ii) up to two (2) hours before emergency maintenance.

Blast Group reserves all intellectual property rights to its methodology, models, and software. Blast Group declares that it holds the appropriate authorizations and licenses to grant software licenses, and assumes sole responsibility for the payment of any other intellectual property rights, as well as for the payment of fees and compensation related to such matters. Likewise, the Client acknowledges Blast Group’s intellectual property rights in the methodology, models, and software used to provide the Services to the Client, and does not acquire any intellectual property rights in the software, methodology, or models.

Intellectual property rights—including reproduction, distribution, public communication, and/or adaptation, in any medium or form of exploitation—and industrial property rights are reserved exclusively by Blast Group on a worldwide basis, without any time limitation, arising from the provision of the Services agreed upon in these Terms and Conditions, including, in any case, the software. Consequently, the Client may not, directly or indirectly, use the aforementioned software for any purpose other than that specified in these Terms and Conditions and/or the specific terms and conditions.

All intellectual property rights are reserved by the Client, including the rights to reproduce, distribute, publicly communicate, and/or adapt the content in any medium or form of exploitation, as well as any industrial property rights that may arise from all content provided to Blast Group by the Client and entered into the software. Consequently, Blast Group may not, directly or indirectly, use any of the content or materials for any purpose other than that specified in these Terms and Conditions and/or the specific terms and conditions.

For these purposes, Blast Group may disclose the data to public administrations to comply with legal obligations; to state security forces and agencies and/or courts and tribunals that request it in connection with an investigation, inquiry, or proceeding; and to financial institutions for the management of collections and payments. The data may also be disclosed to the following categories of data processors: providers of electronic communications, office automation, hosting, colocation, computer maintenance, management, accounting, auditing, consulting, and legal representation. Some of these data processors may be located outside the European Economic Area; in such cases, Blast Group will have implemented appropriate data protection safeguards in advance.

Data subjects may exercise their rights of access, rectification, erasure, restriction of processing, data portability, the right to object, and the right not to be subject to a decision based solely on automated processing—including profiling—that produces legal effects concerning them or similarly significantly affects them, as well as withdraw their consent at any time without affecting the lawfulness of the processing prior to its withdrawal, by sending their request to Blast Group. In any case, data subjects have the right to lodge a complaint with the relevant supervisory authority if they deem it appropriate.

9.1. Purpose. The purpose of this clause is to govern the relationship between the Client, acting as Data Controller, and Blast Group, acting as Data Processor. The Processor agrees to process personal data only in accordance with the Client’s instructions and guarantees that the persons authorized to process the personal data are bound by confidentiality obligations or are subject to confidentiality requirements under law.

‍9.2. Services and Term. The term of this clause shall be equal to the duration of the provision of the Services contracted by the Client from Blast Group.

‍9.3. Nature and purpose of the processing. The processing of personal data shall be carried out solely and exclusively for the purpose of providing the Services.
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‍9.4. Type of personal data and categories of data subjects. The types of data to be processed include identification data, personal characteristics, and commercial information. The category of data subjects is clients.

‍9.5. Leads Data Retention and Management
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9.5.1. Active vs. Archived Data
‍a) Active Data Period: For all plans, the most recent 12 months of leads data will be:
1. Directly accessible through the Blast Group platform interface.
2. Fully searchable and exportable.
3. Available in real time.

b) Archived Data Period: Lead data beyond the active period will be:
1. Transferred to a separate, secure archive database.
2. Not directly accessible through the standard platform interface.
3. Retained for a period of up to 12 months from the original generation date.
‍* This data should be requested from the Blast Group Security team at security@blastgroup.io.

‍9.5.2. Data Retrieval Process for Archived Leads
‍Clientscan request access to archived leads by submitting a dedicated support ticket or by sending an email directly to security@blastgroup.io and legal@blastgroup.io. Upon receiving a valid request, Blast Group will process the retrieval of archived data within 15 business days, carefully reviewing and preparing the requested information for secure transmission to the client. The support team will communicate the status of the request and provide any necessary instructions or additional information during the retrieval process.

9.5.3. Archive Storage Characteristics
‍Thesystem securely stores data in an encrypted secondary database, preserving metadata and key attributes, while the full message content is retained without direct access, ensuring the integrity and confidentiality of the information.

9.5.4. Limitations and Restrictions
‍BlastGroup reserves the right to:
1. Limit the amount of historical data that can be accessed in a single retrieval request.
2. Require verification of authorized access. 

For clients with special retention requirements, Blast Group offers:
1. Retention periods longer than those established.
2. Certified storage.
3. Controlled access to historical data.

‍9.6. Obligations and Rights of the Client (Controller).

a. Provide or allow the Processor access to the data in order to enable the Processor to provide the Services;
b. Conduct a data protection impact assessment of the processing activities to be carried out by the Processor, where applicable;
c. Conduct the appropriate prior consultations;
d. Ensure, prior to and throughout the processing, the Processor’s compliance with the Regulations;
e. Supervise the processing, including the performance of inspections and audits.

‍‍9.7. Obligations of the Data Processor.

a. Process personal data only in accordance with documented instructions from the Client, including with respect to transfers of personal data, unless required to do so under Union or Member State law; in such a case, the Processor shall inform the Client of such a legal requirement prior to processing, unless such law prohibits it for important reasons of public interest; 

b. Ensure that the persons authorized to process personal data have agreed to maintain confidentiality or are subject to a statutory confidentiality obligation;

c. Take all necessary measures in accordance with Article 32 of the GDPR;

d. Assist the Controller, taking into account the nature of the processing, by implementing appropriate technical and organizational measures, where possible, to enable the Controller to fulfill its obligation to respond to requests aimed at exercising the rights of data subjects. In this case, the Data Controller must provide this information via email. The communication must be made immediately and in no case later than the next business day following receipt of the request, together, where appropriate, with any information that may be relevant to fulfilling the request.

e. Assist the Client in ensuring compliance with the obligations set forth in Articles 32 through 36 of the GDPR, taking into account the nature of the processing and the information available to the processor;

f. Unless otherwise instructed by the Client, to delete all personal data upon termination of the provision of the Services, as well as to delete any existing copies, unless the retention of personal data is required by Union or Member State law;

g. Make available to the Client all information necessary to demonstrate compliance with the obligations set forth in Article 28 of the GDPR, as well as to permit and assist in the conduct of audits, including inspections, by the Client or another auditor authorized by the Client; immediately notify the Client if, in the opinion of the Processor, an instruction violates the GDPR or other data protection provisions of the Union or the Member States

h. To comply with any other obligation imposed on it under applicable data protection law; and

i. Notify the Client, without undue delay and in any event no later than 48 hours, by email, of any personal data security breach of which it becomes aware, along with all relevant information for documenting, resolving, and communicating the incident.

‍‍10.8. Subcontracting

The Client authorizes Blast Group to subcontract to the following categories of data processors (all of which are ancillary services necessary to provide the Services): providers of electronic communications and online office automation, hosting, SaaS services such as CRM/ERP, management, accounting, auditing, and legal services. Where the Processor uses another processor to carry out certain processing activities on behalf of the Client, it shall impose on that other processor, by contract, the same data protection obligations as those set out in these TC. If such other processor fails to comply with its data protection obligations, the Processor shall remain fully liable to the Client for compliance with the obligations of the other processor.
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10.9. Artificial Intelligence services.

Blast Group hereby informs users that it will use the end-user data entered in the forms associated with the following services—Build-it-for-me, FAQs AI Assistant, Lead Gen AI Assistant, and Appointment Scheduling Assistant—in an anonymized manner to conduct training and improve the performance of these services through the use of artificial intelligence (OpenAI).

• By the will of any of the Parties, when there is a serious breach of the obligations agreed upon this TC or the specific terms and conditions by the other party, especially due to non-compliance with payment within the relevant period. In any case, and as a prerequisite for the termination of the agreement by either of the parties, the non-compliant party must be notified of the non-compliance and given a minimum period of 15 days from the notification to remedy said non-compliance. After this period, the agreement may be terminated. In this case, the breach of any of the obligations may give the right of compensation for the damages suffered.

• Due to the extinction of the legal personality of any of the parties.

• By written agreement adopted by mutual agreement by both parties.

If any clause included in these TC or in the agreements signed between the parties is declared, totally or partially, null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part of the same that is null and void or ineffective, the rest of the clauses remaining in all other respects, and such provision, or the part of the same that is affected, shall be deemed not to have been included.