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SUMMARY
ARTICLE 1: Purpose
ARTICLE 2: Legal information
ARTICLE 3: Services and applications
ARTICLE 4: Terms of use of services
ARTICLE 5: Use of the User account
ARTICLE 6: Liability of the User
ARTICLE 7: Liability of AI Cargo Foundation (the publisher)
ARTICLE 8: Exemption from liability
ARTICLE 9: Warranty of the parties
ARTICLE 10: Intellectual property
ARTICLE 11: Confidentiality
ARTICLE 12: Processing of personal data
ARTICLE 13: Hypertext links
ARTICLE 14: Changes to general terms and conditions
ARTICLE 15: Applicable law and jurisdiction
ARTICLE 1: Purpose
AI Cargo Foundation is a state-funded association under the French law of 1901. Its purpose is to improve transport chains through the adoption of new uses and the development of applications. The association relies on a data exchange platform and uses artificial intelligence to support ecological transition. Its legal framework guarantees neutrality and confidentiality.
As part of the Appel d’aiR programme, the AI Cargo Foundation aims to support and involve transport and logistics professionals (shippers, freight forwarders, river and rail companies, transporters, publishers and territories) towards digital assistance for modal shift in freight transport by rail and river.
To this end, it has developed and published this present simulation digital platform, Appel d’aiR, to put shippers/carriers/railway and river actors in touch with each other, so as to enable:
– each freight forwarding company (shippers, forwarders) to have access to all the routes and timetables of rail and river transport services; to set up and manage the policy of shifting freight transport to rail and river;
– each rail or inland waterway transport company (or combined transport service operator) to offer its services by integrating its rail and inland waterway services;
– each freight management software publisher to include an interconnection to the platform;
– each territory to generate and manage its subsidy policies to encourage more sustainable freight transport.
The purpose of these “general terms and conditions of use” is to provide a legal framework for the use of the Appel d’aiR platform developed and published by the AI Cargo Foundation Association and all the associated services. They govern your access to and use of the products and services we provide by or on behalf of AI Cargo Foundation within the Appel d’aiR platform.
Together with the applicable Special Terms of Service and all the documents to which they refer, they form a contract (hereinafter the “Contract”) between AI Cargo Foundation, publisher of the platform, and any natural or legal person, consumer or professional, private or public, creating a User Account on the AI Cargo Foundation Website (hereinafter the “User”); the User and AI Cargo Foundation being individually or jointly referred to as the “Party (Parties)”.
Any natural or legal person wishing to access the platform and its services is referred to as the “User”. The general conditions of use must be accepted by all Users, and access to the site implies acceptance of these conditions.
ARTICLE 2: Legal information
The Appel d’aiR platform is published by the registered association AI Cargo Foundation, whose registered office is at 11 avenue de Friedland, 75008 Paris, registered in the Répertoire National des Associations (RNA) under number W751256309, and in the SIREN directory under number 883 143 398. The company is represented by Mr Guillaume Desveaux, Chairman, duly authorised.
The platform is hosted by the following organisations:
SCALEWAY, SAS, with share capital of €214,410.50, whose registered office is located at 8, rue de la Ville-l’Évêque, 75008 Paris, registered with the Paris RCS under number 433 115 904, VAT FR35433115904.
OVH, SAS, with share capital of €50,000,000.00, whose registered office is located at 2, rue Kellermann, 59100 Roubaix, registered with the Lille Métropole RCS under number 424 761 419, VAT FR22424761419.
ALEIA, SAS, with a share capital of €10,000.00, having its registered office at 31, avenue de Wagram, 75017 Paris, registered with the RCS de Paris under number 898 039 656, VAT FR46898 039 656.
ARTICLE 3: Services and applications
3.1 Provision of the platform
AI Cargo Foundation provides Users with a SaaS digital data exchange platform that uses artificial intelligence (DATA-IA) to improve the efficiency of transport chains and encourage the adoption of new uses with a view to promote energy transition.
The AI Cargo SaaS platform is an open, secure, industrialised, neutral and sovereign solution designed to accelerate artificial intelligence and data sharing projects. It simplifies data processing and fosters collaborative work by making available numerous applications, datasets and APIs to support the energy transition of the transport and logistics sector.
It provides shippers with all rail and river transport routes and schedules. It enables freight forwarders and carriers to offer their services and collect useful information for launching new services. It makes it easier for territories to manage their development policies in favour of more sustainable transport. Finally, it offers digital players the possibility of interconnecting their offers to a data-sharing space.
3.2 Associated applications
AI Cargo Foundation provides Users with a certain number of public or private applications using artificial intelligence technologies for dedicated purposes.
ARTICLE 4: Terms of use of services
4.1 General conditions of access
Any User of the platform with an Internet access may access the source code free of charge and the site from anywhere. The costs incurred by the User to access the site (internet connection, computer equipment, etc.) are not borne by the Publisher (in this case AI Cargo Foundation).
The User expressly undertakes to familiarise themselves with the Association’s digital charter as well as its privacy and data processing policy, to accept the terms thereof and to comply with the obligations incumbent upon it in this respect.
The platform and its various services may be interrupted or suspended by the Publisher (AI Cargo Foundation), in particular for maintenance purposes, without prior notice or justification.
4.2 Connection requirements
To use the Services, the User must have, at their own expense and under their own responsibility, a remote connection (such as an Internet or private network). The User is informed that the Internet is subject to technical hazards and security risks beyond the control of AI Cargo Foundation. AI Cargo Foundation is not responsible for any Internet service providers’ failure or other third-party data transport network operators (in particular unreliable connection lines, fluctuating bandwidth, interruptions, etc.), including any consequences of such failures, in particular when they lead to unavailability and/or discontinuity of Services.
4.3 Authentication requirements
The User is responsible for managing the confidentiality of their means of authentication, needed to connect to and use the Services. In particular, the User shall ensure that Users are aware of and comply with the best practices for preserving the confidentiality of their means of authentication. The User alone shall bear the consequences that may result from the loss, disclosure, fraudulent or illicit use of the means of authentication provided to Users, and AI Cargo Foundation shall in no case be held liable in this respect. The User undertakes to inform AI Cargo Foundation without delay of any loss or disclosure of the means of authentication, and to immediately renew the said means of authentication.
4.4 Acceptance of the General Terms and Conditions of Use
The provision and use of the Services offered by AI Cargo Foundation are governed by the present General Conditions of Use, the Special Conditions of Service specifically applicable to the Services concerned (such as contract, agreement, partnership, etc.), the Appendix Confidentiality and Processing of Personal Data, as well as all other conditions to which the said General Conditions and Special Conditions refer, such as in particular the Digital and/or Ethics Charter and the conditions of data transfer and exchange.
Where the use of AI Cargo Foundation services involves the use of services, information or products from third-parties, the User hereby accepts the general and special conditions of use of said third-party services.
The terms of service/use of third-party products or services are supplementary to these general terms and conditions. In the event of conflict, AI Cargo Foundation’s general and special terms and conditions shall prevail unless otherwise agreed between the parties. All current Terms of Service are referenced and can be viewed on the AI Cargo Foundation Website or requested from AI Cargo Foundation Support.
ARTICLE 5: Use of the User account
5.1 Creating a User account
In order to use AI Cargo Foundation Services, the User must have a valid User Account. The User creates their User Account online on the AI Cargo Foundation Website. The User shall provide all required information (including e-mail, identity, contact details, bank details, etc.) and undertakes to ensure that all information provided is accurate and kept up-to-date throughout the duration of the Contract. When the User Account is created and used by a person acting in the name and on behalf of the User, this person declares and guarantees to AI Cargo Foundation that they have the necessary power and capacity to represent and bind the User under the conditions set out in the Contract.
5.2 User account activation and verification
Prior to activation of the User Account and at any time during the term of the Contract, AI Cargo Foundation reserves the right to verify the accuracy of the information provided by or on behalf of the User, and to request supporting documentation from the User.
AI Cargo Foundation reserves the right not to activate or to deactivate the User Account in the event of incomplete, erroneous or fraudulent information.
5.3 Use of services
Once the User’s Account has been activated by AI Cargo Foundation, the User may use the services made available on the AI Cargo Foundation Website and/or directly via the User’s Management Interface and/or, where applicable, by using the APIs made available by AI Cargo Foundation. The User is solely responsible for the management of their User Account and the means of authentication (such as identifiers, passwords, etc.) associated with it. Any use of the services made from the User’s Account is deemed to have been made by the User and implies the User’s unreserved acceptance of these General Terms and Conditions of Use and, where applicable, of the special terms and conditions relating to the specific services to which they have access.
ARTICLE 6: Responsibility of the User
AI Cargo Foundation cannot guarantee the accuracy, completeness or timeliness of the information published on the site. AI Cargo Foundation makes every effort to provide Users with available and verified information and/or tools, but cannot be held responsible for errors or omissions, or for the unavailability of information and services. Consequently, Users acknowledge that they use this information under their sole responsibility. The User declares that they have read the above information before visiting the site and using the services. By choosing to access the site and use the services, the User expressly and irrevocably accepts the terms below.
The User is responsible for the risks associated with the use of the platform, and the Publisher (AI Cargo Foundation) declines all responsibility for the User’s use of the information and content present on the platform. Any use of the platform by the User resulting directly or indirectly in damage must be compensated to the site.
By using the platform, the User grants AI Cargo Foundation the right to use and process the information provided in order to exclusively carry out the services corresponding to the purpose of the platform, either directly or through an authorised third party.
The User takes responsibility of all risks and perils associated with their activities and is in particular solely responsible for the use of the Services made available to them by AI Cargo Foundation and for complying with the provisions of the Contract, including when the Services made available to them are used by or on behalf of third parties. In particular, the User remains responsible for (a) the suitability of the Services ordered for their needs and for the needs of third parties by or on behalf of whom they are used, (b) Content such as information, data, files, systems, applications, software, websites and other items reproduced, hosted, installed, collected, transmitted, broadcasted or published, and more generally used and/or exploited within the framework of the Services, as well as (c) the management and use of said Content (in particular their control, validation, updating, deletion, backup, as well as any measure of a nature to protect against loss and alteration of Content), including when they belong to third parties or are used or exploited by or on behalf of third parties, and (d) compliance with the laws and regulations in force, as well as with all specific contractual documents agreed between the parties (digital charter, partnership, agreement, contract, etc.). Where the User uses the Services as part of a professional activity, or where they are acting on behalf of third parties, they undertake to take out civil liability insurance with a reputable and solvent organisation, covering all damage that may be attributed to them and undertakes to maintain this insurance (or any other equivalent insurance) for the entire duration of the Contract.
ARTICLE 7: Responsibility of AI Cargo Foundation (the publisher)
AI Cargo Foundation provides the User with online resources on the AI Cargo Foundation Website enabling Users to become acquainted with and understand the characteristics of the Services offered. In particular, these resources may include: (a) information concerning the various functionalities, configurations, options and ranges available, and (b) documentation, technical guides or examples (or “use case”) of use of the Services to better understand and use the Services. The User may obtain further information about the Services by contacting AI Cargo Foundation Support. When AI Cargo Foundation offers Services that comply with recognised standards or specific regulations applicable to certain activities, AI Cargo Foundation discloses its scope of responsibility and the conditions under which AI Cargo Foundation complies with said standards or regulations.
AI Cargo Foundation undertakes to exercise all due care and diligence in the provision of quality Services, in accordance with the characteristics, terms and levels of Services set out in the Contract. In particular, AI Cargo Foundation undertakes to have a competent team in charge of assisting the User and managing Incidents (the “AI Cargo Foundation Support”), and to ensure the availability and security of the Services in accordance with the terms and performance levels set out in the applicable Terms of Service. AI Cargo Foundation is subject to an obligation of means.
The Publisher cannot be held liable for any malfunction of the server platform or the network. Likewise, the Publisher cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party. The Publisher undertakes to use all necessary means to guarantee the security and confidentiality of data. However, it does not provide a guarantee of total security.
Subject to the conditions set out in the Confidentiality and Personal Data Processing Appendix, AI Cargo Foundation is authorised to subcontract all or part of the Services provided under this Agreement to its Affiliates. AI Cargo Foundation may freely use Third Party Suppliers in the performance of this Agreement, without having to inform the User or seek the User’s prior consent. However, unless otherwise stipulated in the applicable Special Terms and Conditions or specifically agreed by the User, no services involving access to Content stored by the User as part of the Services shall be subcontracted outside the AI Cargo Foundation Group. AI Cargo Foundation shall in any event remain liable for any subcontractors it uses in the performance of the Contract.
ARTICLE 8: Disclaimer
AI Cargo Foundation shall not be held liable under any circumstances on the following grounds:
(a) Use of the services not in accordance with the terms of the contract;
(b) Non-performance, failure, malfunction or unavailability of the services resulting from a third party (excluding AI Cargo Foundation’s subcontractors), from the User; from a third-party product, or from a breach by the User of their obligations;
(c) Indirect damage such as, in particular, prejudice or commercial disturbance, loss of orders, operating loss, damage to brand image, loss of profits or to Users (for example, untimely disclosure of confidential information concerning them as a result of system malfunction or hacking, action by a third party against the User, etc.);
(d) Loss, disclosure or illicit or fraudulent use of User authentication means by the User or third parties;
(e) Loss, alteration or destruction of all or part of the content (information, data, applications, files or other elements) hosted on the infrastructure, insofar as AI Cargo Foundation is not responsible for managing the continuity of the User’s activities and in particular for back-up operations;
(f) Unsuitability of services for the User’s needs (particularly in view of the sensitivity of the data concerned);
(g) Security incidents linked to the use of the Internet, in particular in the event of loss, alteration, destruction, disclosure or unauthorised access to the User’s data or information on or from the Internet.
ARTICLE 9: Warranty of the parties
9.1 General warranty
Each of the Parties guarantees to carry out its activities in accordance with the regulations in force. The User guarantees AI Cargo Foundation against all consequences resulting from (a) the use or exploitation of illicit Content in the context of the Services, (b) fraudulent use of the Services or use that does not comply with the laws and regulations in force, (c) use of the Services in violation of the rights of third parties, (d) the unsuitability of the Services selected for its needs or the needs of third parties, and (e) the loss or unauthorised or fraudulent use of User’s means of authentication.
9.2 User warranty
The User undertakes to intervene in all requests, claims and/or actions by third parties calling into question the Content and/or the provisions of the Contract of which they are the author or source, including administrative and judicial authorities, and to indemnify AI Cargo Foundation for all resulting damages (including condemnation, reasonable defence costs, etc.).
9.3 Third-party warranties
AI Cargo Foundation makes no commitment to third parties in connection with the use of its services. Users are therefore solely responsible for the relationships they maintain with third parties and guarantee AI Cargo Foundation against any requests, claims and/or actions by third parties to the present contract for use of the platform and its applications that would call into question AI Cargo Foundation’s Services. The User undertakes to notify AI Cargo Foundation in writing as soon as possible of any requests, claims and/or actions by third parties involving AI Cargo Foundation’s Services, specifying the purpose of the request and any useful information so that AI Cargo Foundation can provide the Users with any useful information in its possession.
9.4 Warranty for products and third-parties
Subject to any specific commitments that may be made in the applicable Special Terms of Service, (a) AI Cargo Foundation is not responsible for Third-Party Products made available as part of the Services, which may in particular include technical errors, security breaches, incompatibilities or instabilities, and does not give any warranty in respect of Third-Party Products made available as part of the Services (including any information and elements associated therewith such as software, systems, applications, etc.). The User uses the Third-Party Products under their sole responsibility, in compliance with the provisions of the Contract, and in particular ensures that they are suited to their needs and the purposes for which they are used.
ARTICLE 10: Intellectual property
10.1 Ownership of content, elements and information
Unless otherwise stipulated or agreed between the parties, AI Cargo Foundation only processes the data entrusted to it in order to derive useful general information and calculation results, without actually disclosing private data. The aim of the services is to employ neutral algorithms that scan private databases and provide everyone with neutral and highly useful data. Based on the results of collective calculations which are reported on their private databases, the actors in a transport/freight/logistics chain can thus come together in a targeted way to optimise their practices.
In doing so, Users remain the owners of their Content, AI Cargo Foundation will not use it for any other purposes except those stipulated in the Contract. Users are therefore fully responsible for any content they place online and undertake not to harm any third party.
Similarly, all elements (software, infrastructure, documentation, etc.) made available to the User by AI Cargo Foundation as part of the Services and the execution of the Contract remain the exclusive property of AI Cargo Foundation or of third parties having granted AI Cargo Foundation the right to use them. AI Cargo Foundation grants the User the non-exclusive right to use the aforementioned elements made available to the User, solely in connection with the use of the Services and within the limits of the applicable contractual provisions and for the term of this Agreement.
Subject to the legal provisions of public order in force, the User is not authorised to decompile the software, codes and algorithms used within the framework of the Services, in particular for reverse engineering purposes. The content of the platform (logos, texts, graphics, videos, software, etc.) is protected by copyright under French Intellectual Property Code. The User must obtain permission from the site publisher (AI Cargo Foundation) before reproducing, copying or publishing any of its content. Thus, unless otherwise specified by AI Cargo Foundation in a separate license, the right to use any software, data, documentation or other materials through the AI Cargo Foundation Site is subject to and limited to the Site Terms.
10.2 AI Cargo Foundation license
AI Cargo Foundation grants Users a limited license to access and make personal use of the AI Cargo Foundation Site without downloading (other than caching) or modifying it, in whole or in part, except with the express written consent of AI Cargo Foundation. This license excludes any resale or commercial use of the AI Cargo Foundation Site or its contents, as well as any derivative use of the AI Cargo Foundation Site or its contents. It also excludes any downloading or reproduction of account information, or any use of data mining, robots or similar data gathering and extraction tools.
Users are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the AI Cargo Foundation Site, so long as the link does not portray AI Cargo Foundation or its products or services in an erroneous, misleading, disparaging or otherwise negative manner. Except if expressly authorised in writing, you may not use any AI Cargo Foundation logo or other proprietary graphic or trademark as part of the link.
The AI Cargo Foundation Site may not, in whole or in part, be reproduced, duplicated, copied, sold, resold, accessed or otherwise exploited for any commercial purpose without the express written consent of AI Cargo Foundation. Users may not use framing or framing techniques to insert any AI Cargo Foundation logo, trademark or other proprietary information (including images, text, page layout or form) without the express written consent of AI Cargo Foundation. The use of meta tags or other “hidden text” utilising AI Cargo Foundation’s name or trademarks is also not permitted without the express written consent of AI Cargo Foundation. Any unauthorised use terminates the permission or license granted by AI Cargo Foundation.
ARTICLE 11: Confidentiality
11.1 Principle
Each of the Parties undertakes, with regard to the confidential information of the other Parties to which it has access in connection with the performance of the present Contract: (a) to use the said confidential information solely for the purposes of performing the Agreement, (b) to preserve the confidentiality of the said information with the same degree of care as if it were its own confidential information, and (c) to give access to the said confidential information only to those of its employees and Affiliates who need to know it in view of their function, provided that these recipients are informed in advance of the confidential nature of the said information, and that they are bound by a confidentiality agreement at least equivalent to this commitment.
Each of the Parties is also authorised to communicate the other Party’s confidential information to its advisors if they belong to a regulated profession subject to professional confidentiality (i.e., lawyers, chartered accountants or statutory auditors).
Each of the Parties shall refrain from disclosing the other Party’s confidential information to persons other than those mentioned above without the prior written consent of the other Party and shall ensure that all persons to whom it discloses said information, respect the confidentiality thereof.
Confidential information includes the terms and conditions of the Contract and all information communicated between the Parties or to which the Parties have access in the context of the performance of the Contract, in whatever form and nature (in particular financial and marketing information, trade secrets, know-how, information relating to security and the conditions of use of the Services). In order for an information to be considered confidential, it is not necessary for its confidential nature to be mentioned on the document or other medium containing said information or for it to be specified at the time the information is disclosed.
Each of the Parties undertakes to respect its obligation of confidentiality throughout the term of the Contract and for a period of two (2) years from its termination, regardless of the reason.
11.2 Exceptions
The confidentiality undertakings defined above do not apply to the following information: (a) it is legitimately known without any obligation of confidentiality, (b) it is in the public domain, (c) it has been communicated to a Party by a third party in a legitimate manner and with authorisation to disclose it, (d) it is the result of developments carried out by the receiving Party and/or its employees, regardless of the performance of the Contract, or (e) the disclosure of said information has been authorised by the other Party under the conditions provided for in the Contract.
Notwithstanding the foregoing, each of the Parties reserves the right to disclose information received from the other Party (a) to the strictest extent necessary for the defence of its rights, in this case, the confidential information of the other Party shall be kept for the legal time necessary for the administration of the evidence and may only be disclosed to persons who need to know it in the context of the action or proceedings in question (judges, counsel, etc.), who are subject to professional confidentiality or, failing this, to a confidentiality agreement, and (b) at the request of a competent administrative or judicial authority, it being specified that in such a case, disclosure shall be strictly limited to the request of the said
authority, and that, subject to any legal provision or injunction to the contrary, the receiving Party shall inform the other Party of the said request.
ARTICLE 12: Processing of personal data
The User must agree to provide personal information in order to register on the platform. The information collected will be used in accordance with AI Cargo Foundation’s privacy and data processing policy, which is appended to the site, and which the User expressly acknowledges having read and accepted.
The electronic address (e-mail) of the User may be used by the platform for communicating various information and the management of the account.
The platform guarantees respect for the User’s privacy, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
In accordance with the Association’s privacy and data processing policy, the User has the right to access, rectify, delete and object to their personal data.
To exercise these rights, the User must refer to the procedures described in the appendix of the Confidentiality and Data Processing Policy, which can be accessed from the site.
ARTICLE 13: Hypertext links
It is possible for a third party to create a link to a page on the platform without the express authorisation of the publisher. However, the publication of hypertext links on the platform by Users is subject to the consent of AI Cargo Foundation.
ARTICLE 14: Changes to general terms and conditions
AI Cargo Foundation reserves the right to modify the clauses of these general terms and conditions of use at any time and without justification. Users will be notified of any changes when they log on to the platform.
ARTICLE 15: Applicable law and jurisdiction
This contract is governed by French law. In the event of a dispute not amicably resolved between the User and the Publisher, the courts of the city of Paris shall have jurisdiction to settle the dispute.