General Conditions of Access and Use

Access to and use of the TeraLab Marketplace (hereinafter referred to as the "Marketplace") are subject to acceptance of these General Conditions of Access and Use (hereinafter the "GCAU") by any Marketplace user (hereinafter the "User").

Preamble

IMT Transfert is the owner of the Marketplace which is entirely hosted in its TeraLab platform (hereinafter referred to as "TeraLab"), a secure platform for collaborative research and innovation. The Marketplace allows Users to share and access Data Science and AI resources in a neutral environment. All data, resources and accounts related to the Marketplace are hosted in TeraLab.

Account

Access to and use of the Marketplace is reserved for authorized, registered Users.

The Marketplace is administered by one or more administrators (hereinafter the "Administrator") designated by the TeraLab management team (hereinafter the "Team").

By creating an account, the User declares to the Administrator their intention to make use of the Marketplace, and requests the Administrator to approve such account (hereinafter the "User Account") in order to make use of the Marketplace (create and consume resources), according to the General Data Protection Regulation (GDPR) n°2016/679 of 27 April 2016 and/or any other applicable legal provisions.

Each User must be identified by a User Account.

The information concerning the User Account must be consistently accurate, complete, truthful and up-to-date.

Based on the information recieved from the User, the Administrator authorises the access to the Marketplace to the given User Account.

The User is responsible for the safeguarding and use of these credentials.

Data – Confidentiality – Intellectual Property

The User guarantees that they have the necessary rights to any Data and Resources they will bring into the Marketplace.

The User commits not to bring into the Marketplace any illegal content under the French and European applicable legislations.

The User acknowledges that the Team shall have the right to access this Data and Resources in order to take preventive measures of any kind in case of risk or violation of these GCAU.

Concerning any Data and Resources that they may access on the Marketplace, the User commits:

• to preserve the confidentiality of any portion thereof that may be marked confidential by the Administrator;
• to make no unauthorized use thereof;
• to not disclose confidential Data or Resources to third parties without express prior consent from their owner or the Administrator;
• to immediately inform the Team or the Administrator of any risk of a breach of confidentiality of which they may become aware;
• to preserve the confidentiality of their Marketplace passwords or access codes.

The User commits to respect all intellectual property rights attached to the Data, Resources, documents, etc., uploaded to the Marketplace, in particular copyrights, and expressly refrains from any reproduction, dissemination, or extraction of data that has not been expressly authorized.

Data Protection Act

IMT Transfert and the Administrator are jointly responsible for the processing of all personal data generated for the Marketplace management purposes, in particular including User and Administrator Account log files. In accordance to article 32 of French law no. 78-17 of January 6th, 1978 as amended by law no. 2004-801 of August 6th, 2004 on computing, files, and liberties (French Data Protection Act); and the law n° 2018-493 of June 20, 2018 on the protection of the personal data and in accordance with the provisions of the General Data Protection Regulation (GDPR) n°2016/679 of 27 April 2016 and/or any other applicable legal provisions, Users have in particular the right to oppose, access and correct any personal data concerning them. They may exercise this right by contacting IMT Transfert at the following address:

IMT Transfert
Direction Generale
19 Place Marguerite Perey
91120 Palaiseau

IMT Transfert and the Administrator commit to handle User requests concerning said right to oppose, access and correct personal data.

IMT Transfert will only use the personal data provided to it for the purposes of the Marketplace.

Liability – Guarantees

The Marketplace is accessible as-is: the only features are those available on the date of use, and the User must fully inform themself as to what features are actually available.

IMT Transfert cannot guarantee that the Marketplace will be entirely free of malfunctions.

In this respect, no commitment can be made concerning the availability of the Marketplace, its maintenance, or its response times.

No guarantee is made with respect to access to the Marketplace, its deployment, its maintenance, or its use, including in a Research and Development framework.

If maintenance is to be performed on the Marketplace, IMT Transfert commits to notify the User in advance.

IMT Transfert declines all responsibility for content placed on the Marketplace by Users.

The User shall be considered fully informed in and exclusively responsible for their use of TeraLab. The User must fully inform themself as to whether the Marketplace suits their needs, if necessary by contacting contact@teralab-datascience.fr.

Information concerning the functional or technical developments of the Marketplace is provided for indicative purposes.

IMT Transfert is not liable for damages resulting from any misuse of the Marketplace or for any indirect damage caused by such use (loss of profit, income, etc.).

Any breach of these GCAU by the User may cause serious prejudice and incur User liability.

In the event of any breach of these GCAU by the User, the Administrator may proceed to close their user account, after having provided them formal notice to rectify such breach.

Entire Agreement – Term

These GCAU express the entirety of the legal provisions applicable between IMT Transfert and the User, and supersede any previous legal provision.

These GCAU may be completed by provisions expressly accepted by IMT Transfert.

The User may stop using the Marketplace at any time. They must provide advance notice to the Administrator to such effect.

IMT Transfert may suspend access to the Marketplace without warning or formal notice in the event of an identified risk or violation of the GCAU.

These GCAU are governed by French law.

Any dispute relating thereto, in the absence of an amicable settlement reached by a committee composed of a representative of IMT Transfert and a representative of the User within thirty (30) calendar days of the occurrence of such dispute, shall be subject to the exclusive jurisdiction of the French courts.

These GCAU constitute a contract between IMT Transfert and the User.