(version 1.0 – 30th September 2019)

1. Our Terms of use

(1) AI4EU.eu is the European AI on demand platform of the European Union’s landmark Artificial Intelligence project AI4EU. It aims at developing a European AI ecosystem. To that end, it brings together stakeholders through exchange of information on occasions and professional profiles, virtual events, knowledge, algorithms, tools and resources available and makes it a compelling solution for users. The website also offers interaction tools to communicate with the community of registered users.

(2) You do not have to register in order to visit our public website. In order to access the services as described below no. 6 paragraph 1 (the “Services”), however, you may be required to register and create an account for the AI4EU platform (the “Platform”). These Terms of use (the “Terms”) govern your access to and use of the Platform. Please read these Terms carefully and contact us if you have any questions.

By creating an account under these Terms, or by accessing or using the Platform, you agree to accept and comply with such Terms and our Privacy Policy (link).

(3) You can retrieve and print out the currently valid Terms of use at https://www.ai4eu.eu/terms-service

 

2. Conclusion of contract and account

(1) By completing the online registration process and creating a profile, a user contract is concluded with the operator. The purpose of the user contract is the free of charge use of the Platform.

(2) The contracting parties are you (hereinafter referred to as "you" / "the user") on the one hand and the operator of the AI4EU website on the other (hereinafter referred to as “the operator“, “we“). Operator is Thales Six GTS France, 4 Avenue des Louvresses, 92 230 Gennevilliers, France.

(3) To create a profile, you need to create a user account. This consists of an e-mail address and a password. For identification purposes, you must provide additional contact information. The e-mail address is also used for communication with the operator. Your user name will be your full name.

(4) The user assures that the data used when creating his profile ("profile data") is accurate and complete. The use of pseudonyms is not permitted. Each user may only maintain one user account on the Platform.

(5) Once you have provided all the data requested, we will check it for completeness and plausibility. If the information is correct from our point of view and there are no other concerns from our point of view, we will activate your requested access and notify you of this by e-mail. The e-mail will be considered as acceptance of your application to participate. Upon receipt of the e-mail, you are entitled to use our services within the scope of these terms. To do this, you must confirm the activation by clicking on the link contained in the e-mail.

(6) You are only allowed to register if you are of full age and have unlimited legal capacity. In the case of a legal entity, the registration must be made by a natural person with unlimited legal capacity and power of representation.

(7) In the case of any communication between the user and other users, any contractual relationships arise exclusively between the users involved. The operator is neither a representative nor is he himself a contractual partner.

 

3. Update of your contact data

You are obliged to keep your contact details up to date. If the data provided changes during the period of use, you must immediately correct the data in your personal settings on the Platform. If you are unable to do so, please inform us immediately of your changed data at the following e-mail address: contact@ai4eu.eu.

 

4. Responsibility for your access data

(1) You engage to choose a strong and secure password. The access data including the password must be kept secret by you and must not be made accessible to unauthorised third parties.

(2) It is further your responsibility to ensure that your access to the Platform and use of the Services available thereon is solely used by you. If it is to be feared that unauthorised third parties have gained or will gain knowledge of your access data, the operator must be informed immediately at the e-mail address contact@ai4eu.eu. You are responsible for any use and/or other activity carried out under your access data

 

5. Duration of contract / Cancellation

(1) The contract runs for an unlimited period of time and may be terminated by either party at any time without notice and without having to give reasons. In doing so, the operator must take into account the interests of the user in appropriate manner.

(2) This does not affect the right of immediate extraordinary termination for good cause at any time, especially if the user does not respect these Terms.

(3) Upon termination, you will not be entitled to access or use the Platform without indemnification and the operator will not incur any liability whatsoever.

(4) After termination or deactivation of your profile, we may back up, archive or review your user content for a reasonable period of time.

As soon as you upload data on the Platform, we and the other users will have the free of charge right to use, store, display, reproduce, modify, create derivative works, perform and distribute your content stored or shared by other users on the Platform for a reasonable period of time. If it is personal data we will only do so insofar it is necessary for the purposes of our legitimate interests, for the performance of these Terms, to comply with a legal obligation, for reasons of public interest or to establish, exercise or defend legal claims.

(5) After termination or deactivation of your profile we will erase all data created within the scope of use 30 calendar days after the termination has become effective and after any statutory storage obligations have expired.

 

6. Types, use and availability of the Services

(1) When using the Platform, the user can make use of various Services:

• The user has the possibility to create a user profile.

• The user has the possibility to publish his own content (text, images, etc.) within the Platform.

• The user has the possibility to send messages to other user.

• The user has the option of using a search function to find other users on the basis of selected criteria.

• The user has the possibility to participate in moderated real-time web conferences (so-called web cafes).

• The user has the possibility to search for information on related EU tenders via the Platform and to apply via a link on the Platform.

• The user has the possibility to join and create discussion groups.

• The user has the possibility to register for events.

• Additional services may be added gradually.

(2) The user is not entitled to ask for maintenance of individual Services or functionalities of the Platform.

(3) The operator is entitled to block access to individual contents at any time, e.g. if it is suspected that these violate applicable law or the rights of users or third parties or these Terms.

(4) The operator endeavours to ensure uninterrupted and trouble-free operation of the Platform. Temporary restrictions or interruptions may occur without incurring the Operator responsibility. . The operator may restrict access to the Platform in whole or in part, temporarily or permanently, due to maintenance work, capacity requirements and other events beyond the operator's control. The operator will inform the user appropriately before planned interrruptions as far as possible. The operator will not be responsible of such restriction of access.

7. Creation of user profiles

(1) The Platform provides the user with various functionalities to present himself with a user profile which he can make use of in accordance with these Terms.

(2) As a rule, we do not verify the identity of the profile owner and the information in the user profiles. Therefore, we cannot guarantee that the profile owner is the person the profile owner claims to be.

 

8. Posting content on the Platform: your obligations

(1) Within the limits of the functionalities of the Platform, you may post content on the Platform in accordance with these Terms and thus make it available to third parties.

(2) When creating and using his own content, the user undertakes to observe applicable law (e.g. criminal law, competition law and youth protection law) and not to infringe the rights of third parties (e.g. name, trademark, copyright and data protection rights).

(3) The user undertakes to the operator that any content placed on the Platform shall not violate any applicable law or morality, either by its content or its form. The same applies to the setting of external links. In particular, it is not permitted to distribute, offer or use content that represents, concerns or contains

• Racism

• Glorification of violence and extremism of any kind

• Calling and inciting to criminal offences and violations of the law, threats to life, limb or property

• Agitation against persons or companies

• Statements that infringe personal privacy, defamation, libel and slander by users and third parties as well as violations of the fair trading law

• Copyright infringing content or other infringements of intellectual property rights

• Sexual harassment of users and third parties

• Pornography

• Offensive, sexist, obscene, vulgar, abominable or disgusting materials and expressions

(4) You are fully responsible for the content you post. As a rule, we do not check the content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose. You declare and guarantee to us that you are the sole owner of all rights to the content you have posted on the Platform, or that you are otherwise entitled (in particular by effective permission from the rights owner) to post the content on the Platform and to grant the rights of use and exploitation in accordance with no. 10 of these Terms.

(5) Contents which originate from third parties are not checked by us for completeness, correctness and legality. For the completeness, accuracy, legality and timeliness of these third party contents, we therefore assume no responsibility or guarantee. This also applies to the quality of the third-party content and its suitability for a specific purpose, and even more so if it is third-party content on linked external websites.

(6) Copyrighted content may only be included literally in articles without the consent of the respective copyright holder within the scope of the applicable citation law. Quotations are to be identified by highlighting by means of a quotation function and a reference to the source. Foreign-language quotations must also be translated into English to the extent that the content is roughly visible. In particular, incorrectly quoted contributions can be removed or corrected by the moderators or the operator. The distribution and/or public reproduction of any contents of the Platform without the consent of the operator is prohibited.

 

9. Further duties of the user and rules of conduct

(1) The user may, without the express permission of the operator, only use the Platform for its personal use and may not advertise for himself or third parties, unless such use was previously expressly permitted by us in writing or by e-mail. This means in particular that the user may not send any advertising messages without the consent of the operator and the recipient, in particular: spam messages.

(2) In the event that the contents contain hyperlinks to pages of third parties, the user warrants that he has the right to use the hyperlink and that the website to which reference is made ("landing page") is compatible with applicable law and the rights of third parties.

(3) The user must refrain from any activity that is likely to impair and/or overload the operation of the Platform or the technical infrastructure behind it. This includes in particular the automatic reading, blocking, overwriting, modifying, copying of data and/or other contents, insofar as this is not necessary for the proper use of the Platform.

(4) The following activities are also prohibited:

• The distribution of viruses, Trojans and other harmful files.

• The sending of junk mail, spam mail or chain letters.

• Harassing other users, for example by contacting them several times without or against the reaction of the other user, and encouraging and/or supporting such harassment.

• Requesting other users to disclose passwords or personal data for commercial or unlawful purposes.

• Imply or state that you are affiliated with or endorsed by us without our express consent.

• Rent, lease, loan, trade, sell or otherwise monetise services and contents from the Platform without our consent.

• Using unauthorised navigation on the website. Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, robots, avatars, or intelligent agents) to navigate or search the websites other than generally available third party browsers (including but not limited to Google Chrome, Internet Explorer, Firefox, Safari).

• Reverse engineering the websites. Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the website.

(5) In addition, it is not permitted to disclose information from other users in private messages, e-mails or chats that are not intended for the public, as this is a violation of personality and therefore not permitted. Users may not include in their posts or otherwise make known any information that the user has received from other users exclusively in private messages, e-mails or chats.

(6) Should you become aware of any illegal, abusive, non-contractual or in any other way unauthorised use of the Platform, please contact: contact@ai4eu.eu. We will check the incident and, if necessary, take appropriate action.

(7) Should there be any disturbances during the use of the Platform or its functionalities, the user will immediately inform the operator of this disturbance at the e-mail address contact@ai4eu.eu. The same applies if the user obtains information about contents published by other users or third parties which obviously violate the applicable law or the rights of third parties.

 

10. Intellectual property rights / your license to us

The user grants the operator a non-exclusive, royalty-free right to use the posted content in the Platform services for the purpose of the goals of the AI4EU project as described in no. 1 of these Terms. For this purpose, the operator is entitled to use, edit and exploit the contents at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of public accessibility within this purpose.

 

11. Limits of liability

To the fullest extent permitted by applicable law, you expressly understand and agree that the operator shall not be liable to you for:

 

1) any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the content, or any changes the operator may make to the Platform and to the content, or any temporary interruption or permanent cessation in the provision of the access to the platform and its content, if applicable, your failure to safeguard your account details or passwords;

 

2) to the full extent permitted by law, any damages whatsoever, including without limitation, indirect, special, incidental, consequential damages arising out of or in connection with your use of, your inability to use, or results of the use of the Platform and its content and any (including without limitation for loss of or damage to business, revenues, goodwill or data).

The Platform may contain links and references to other websites and resources  and are provided for convenience only. If you decide to leave the Platform and access to such linked websites, you do so at your own risk and the operator will have no liability arising out of or related to such linked websites and/or their content or any damages or loss caused or alleged to be caused by or in connection with any purchase or use of any such content, goods or services available on or through any such linked website. The operator has not reviewed the linked websites and the operator is not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on the Platform does not apply approval or endorsement by the operator of the linked websites, their entities or products and services. 12. Indemnification

The user will indemnify and hold harmless the operator and its employees or agents against all claims and demand of third parties arising from or relating to: (i) your use of and access to the Platform and its content; (ii) content you submit, post, transmit or otherwise make available via Platform; (iii) your violation of these Terms and Conditions. This indemnification obligation will survive the termination of your account or these Terms.. Reimbursable costs also include the costs of an appropriate legal defence.

 

13. Data protection and privacy

It is one of our quality standards to handle your personal data responsibly. You can find out more about this in our Privacy Policy (link).

 

14. Notices and written form

(1) Unless expressly stated otherwise in these Terms, all declarations made in connection with the use of and the enrollment to the Platform shall be made in writing or by e-mail. The e-mail address of the operator is: contact@ai4eu.eu. The postal address is: Thales Six, 1 avenue Augustin Fresnel, 91767 Palaiseau, France.

(2) Any communication from us to the user will be sent to the e-mail address or postal address you provided us in the profile data.

 

15. Language

The contract language is exclusively English. All communication between the parties shall be in English.

 

16. Severability

If any provision of these Terms is or becomes invalid or unenforceable in whole or in part, the validity or enforceability of these Terms shall not be affected thereby. The invalid or unenforceable provision shall be deemed replaced by such a valid and enforceable provision which, to the extent legally permissible, comes as close as possible to the intent and purpose of the invalid or unenforceable provision and the interests of the parties manifested in these Terms.

 

17. Dispute settlement

For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we need to contact you, we will do so at the e-mail address associated with your account. . If the dispute has not been settled amicably within sixty (60) days following the day you contact us or within such other period as the parties may agree in writing, such dispute shall thereafter be finally settled under the competent court of Paris, France.

 

 

18. Governing law and jurisdiction

These Terms shall be governed by the law of the French Republic. If you are a consumer and have your habitual residence in another country of the European Unions at the time of registration, the application of the mandatory laws of that country shall not be affected by the choice of law made in the first sentence.

 

19. Changes to the Terms of use

(1) We may amend or modify these Terms at any time, without giving reasons, unless an amendment or modification is unreasonable to the user. In that case we will give due notice to the user regarding amendments to these Terms. If the user does not object to the validity of the revised Terms within four weeks of receipt of said notice, the amended Terms shall deemed accepted by the user. In this notice, we will inform the user about the user’s right to object and the importance of the objection deadline.

(2) We also reserve the right to modify these Terms in the following cases:

(a) if we introduce supplementary, new services or service components requiring a service description in the Terms,

(b) if the modification is of a purely technical or process-related nature without any material impact for the user,

(c) if we are obliged to ensure the Terms comply with legislation, particularly in the event of a change to said legislation or

(d) if we are obliged to ensure the Terms comply with a legal judgement or decision by the authorities.

We will notify users of such changes to these Terms, e.g. via the AI4EU websites.

(3) The user’s right to cancellation according to no. 5 of the Terms remains unaffected in the event of modifications of these Terms as laid out by this provision.

 

20. How to contact us:

If you want to send us notices or service of process, please contact us:

ONLINE: contact@ai4eu.eu

OR

BY POSTAL MAIL: Thales Six GTS France, 1 avenue Augustin Fresnel, 91767 Palaiseau, France