ARTICLE 1 – PURPOSE AND SCOPE OF APPLICATION

1.1. These General Terms and Conditions of Participation and Use (hereinafter “T&Cs”) govern the relationship between eSqwad and any individual or legal entity participating in an eSqwad workshop or using the eSqwad digital platform (hereinafter “the Platform”).

1.2. Participation in an eSqwad workshop and/or use of the Platform constitutes full and unconditional acceptance of these Terms of Use. In the event of any conflict between these Terms of Use and a specific contract entered into between eSqwad and a Customer, the provisions of the specific contract shall prevail.

1.3. These Terms of Use are available at any time on the esqwad.com website and may be provided upon request.

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ARTICLE 2 – PARTICIPATION IN WORKSHOPS

2.1. Conditions of Participation

The eSqwad workshops are open to any individual of legal age who possesses the necessary skills to participate in group projects, or to any legal entity through its duly authorized representatives or employees.

2.2. Registration and Confirmation

Participation in a workshop is confirmed by the signing of a purchase order or a specific agreement between eSqwad and the Client. Registration constitutes acceptance of these Terms of Use.

2.3. Cancellation and Rescheduling

Any cancellation by the Client less than 15 business days before the scheduled date will result in a charge of 60% of the service fee. The detailed terms and conditions are set forth in the specific contract.

2.4. Workshop Agenda

The workshop is conducted according to the format agreed upon with the Client (duration, number of participants, in-person or remote). eSqwad reserves the right to adapt the workshop’s structure to meet the group’s needs, without making any substantial changes to the service.

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ARTICLE 3 – USE OF THE PLATFORM

3.1. Access

The Platform can be accessed using a username and password provided by eSqwad, or via a temporary access link generated for a specific workshop. Access is personal and non-transferable.

3.2. User Obligations

The user agrees to:
– Do not attempt to access unauthorized functions or data;
– Do not interfere with the Platform's operation;
– Do not use the Platform for any purpose that is unlawful, contrary to public order or public morals, or that infringes on the rights of third parties;
– Do not reverse engineer, decompile, or extract data from the underlying AI model;
– Do not use the Platform to generate content that is defamatory, hateful, discriminatory, pornographic, or that infringes on the privacy of third parties.

3.3. Availability

eSqwad strives to ensure optimal availability of the Platform. However, eSqwad shall not be held liable for any temporary outages resulting from maintenance, third-party outages, or force majeure.

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ARTICLE 4 – PERSONAL INFORMATION

4.1. Collection and Processing

eSqwad collects only the personal data strictly necessary for organizing workshops and operating the Platform (last name, first name, email address, company, job title). This data is processed in accordance with the General Data Protection Regulation (GDPR – EU Regulation 2016/679) and the French Data Protection Act.

4.2. Purposes

Data is processed for the following purposes: managing registrations, facilitating workshops, improving service, and complying with legal obligations.

4.3. Shelf Life

Data is retained for the period strictly necessary to fulfill the intended purposes, and for no longer than 36 months after the end of the workshop, unless there is a legal obligation to retain it for a longer period.

4.4. Individual Rights

In accordance with applicable regulations, every individual has the right to access, correct, delete, restrict, object to, and transfer their data. These rights may be exercised by writing to: contact @ esqwad.com.

4.5. Subcontractors

eSqwad may use technical service providers (hosting, videoconferencing tools, AI infrastructure). Each service provider is subject to data protection obligations equivalent to those of eSqwad.

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ARTICLE 5 – PARTICIPANTS’ RESPONSIBILITIES REGARDING INPUTS

5.1. Definition of Inputs

The term “Inputs” refers to any text, document, file, image, data, or information that the participant enters, uploads, or submits to the Platform, including documents that the participant wishes to have processed by the artificial intelligence system developed by eSqwad.

5.2. Warranty of Rights of Use

The participant expressly warrants that:
– Hold all necessary rights (intellectual property rights, copyrights, related rights, rights of the persons depicted, contractual authorizations) to any document or content that the user uploads to the Platform;
– Have the express authorization of any third party whose works, data, or personal information appear in the submitted documents;
– That the Inputs do not infringe upon any third-party rights (intellectual property, trade secrets, privacy, publicity rights, trademarks, etc.);
– The Inputs must not contain any classified information, information subject to attorney-client privilege, defense secrets, or any other confidentiality obligation to which the participant is bound, unless prior written authorization has been obtained from the relevant entity.

5.3. Liability for Breaches

The participant is solely responsible for the Inputs he or she submits to the Platform. In the event of a claim, lawsuit, or legal action brought against eSqwad by a third party as a result of an Input provided by a participant, the participant agrees to indemnify eSqwad against any judgment, damages, costs (including attorneys’ fees), and compensation that may result therefrom.

5.4. Lack of verification by eSqwad

eSqwad does not verify the legality, legitimacy, or accuracy of the Inputs submitted by participants. eSqwad shall not be held liable for the content of the Inputs.

5.5. Deleting Inputs

eSqwad reserves the right to remove any Input that is clearly unlawful, violates the Terms of Service, or infringes on the rights of third parties, without prior notice and without incurring any liability as a result of such removal.

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ARTICLE 6 – INTELLECTUAL PROPERTY

6.1. Ownership of the Platform and the eSqwad Method

The Platform, its algorithms, its AI model, its design, its educational scenarios, its trademarks, logos, and all of its constituent elements are the exclusive property of eSqwad and are protected by copyright, trademark, and database laws.

No license, assignment, or right of use other than that strictly necessary for participation in the workshop is granted to the participant.

6.2. Ownership of AI-Generated Outputs

Content generated by the Platform’s AI system based on participants’ inputs (hereinafter “Outputs”) is made available to the Client and participants for internal use. The Client is free to use, modify, and exploit the Outputs in the course of its business, subject to the following:
– Compliance with eSqwad’s intellectual property rights regarding the method and the Platform;
– Not to replicate eSqwad’s educational model to create a competing service;
– Compliance with the rights of any third parties that may be mentioned in the Outputs.

6.3. Ownership of Group Projects Produced in the Workshop

The solutions, ideas, and work products developed collectively by the participants during a workshop belong to the Client (or the entity organizing the workshop), subject to eSqwad’s rights to the method and educational materials used.

6.4. Participant Inputs – Preservation of the Participant’s Rights

Participants retain all intellectual property rights to the documents and content they upload to the Platform. Uploading such content constitutes a simple, non-exclusive, royalty-free authorization limited to the purpose of AI processing within the context of the workshop. This authorization ends upon the deletion of the Inputs or the expiration of the session.

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ARTICLE 7 – RIGHTS TO USE THE PLATFORM

7.1. License Agreement

eSqwad grants the Customer and participants a personal, non-exclusive, non-transferable, revocable license, limited to the duration of the workshop (or the subscription, if applicable), to use the Platform for its intended purposes.

7.2. Restrictions

The following is expressly prohibited:
– The reproduction, distribution, or resale of access to the Platform;
– Using the Platform to train or fine-tune a third-party AI model;
– Extraction of data or system prompts;
– The creation of derivative works based on the eSqwad teaching method without written permission.

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ARTICLE 8 – LIMITATION OF LIABILITY

8.1. eSqwad takes all reasonable measures to ensure the quality and reliability of its services and the Platform. However, eSqwad shall not be held liable for:
– Errors, omissions, or inaccuracies in the outputs generated by AI;
– Decisions made by the Client or participants based on the Outputs;
– Indirect damages (loss of revenue, loss of data, damage to reputation);
– Input provided by the participants.

8.2. AI-generated outputs are provided for informational and creative purposes only. They do not constitute legal, financial, medical, or technical expertise under any circumstances. It is the responsibility of the Client and the participants to validate any decision based on their own expertise or that of a qualified professional.

8.3. In any event, eSqwad’s total liability shall not exceed the amount actually paid by the Client for the workshop in question.

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ARTICLE 9 – CONFIDENTIALITY

9.1. Each party agrees to treat as confidential any information exchanged in connection with the workshop and the use of the Platform, except for information that is already public or whose disclosure is required by law.

9.2. eSqwad agrees not to use participants’ Inputs for any purpose other than the processing requested as part of the workshop, and not to disclose them to third parties, unless required by law.

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ARTICLE 10 – FORCE MAJEURE

Neither party shall be held liable for any failure to fulfill its obligations resulting from a force majeure event as defined in Article 1218 of the Civil Code.

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ARTICLE 11 – GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by French law. In the event of a dispute, and in the absence of an amicable settlement, jurisdiction is expressly assigned to the courts of Paris, even in cases involving multiple defendants or third-party claims.

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ARTICLE 12 – AMENDMENTS TO THE TERMS OF USE

eSqwad reserves the right to modify these Terms of Use at any time. The applicable terms are those in effect on the date of registration for the workshop or use of the Platform.