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ARTICLE 1. SCOPE OF APPLICATION

These Terms of Use are applicable between the Ecole Normale Supérieure, 45 rue d'Ulm, 75005 Paris, hereinafter "the ENS" and any person registering on the Site, hereinafter the "User".
When registering on the Site, acceptance of these conditions will be indicated by ticking the box corresponding to the following sentence: "I acknowledge having read and accepted the Terms of Use and the Privacy Policy". The User also acknowledges having read it fully and accepts it without restriction. Checking the above box will be deemed to have the same value as a handwritten signature.
These Terms of Use are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the User.
The acceptance of these Terms of Use presupposes that the Users have the necessary legal capacity to do so or, failing that, that they have the authorization of a tutor or a curator if they are unable to do so.

ARTICLE 2. DEFINITIONS

The "ENS":
Ecole Normale Supérieure taken in its capacity as website host.
The "Challenge":
Contest organized by the Provider on the Site and in which Participants may participate.
“Event”:
Event of any kind organized by the ENS or any other third party in relation with Challenges.
“GDPR”:
Means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC as may be amended or re-enacted and in force from time to time.
"Model":
The result of the Participant's study obtained on the basis of the Study Data aimed at solving the problem raised in the context of a Challenge. The Model may take the form of software, databases, algorithms, methods or presentations. In order to build a Model, in addition to the Study Data provided by the Provider, public data freely accessible by any Participant may be used.
"Participant":
Individual registered on the Site to participate in Challenges.
"Performance":
Optimal ability of a Model to solve the problem submitted as part of a Challenge.
“Personal Data”:
The term and meaning given to it under GDPR which for the time being any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. "Personal Information":
Personal Data provided by the Participant or Professor on the Site.
The "Platform":
Operational function of the Site allowing the Provider to propose a Challenge, the Participants to participate in it and the Professors to link courses to it.
“Professor”:
Individual with a teaching position in a higher education institution registered on the Site either to participate in a Challenge (in which case assimilated to a Participant) or to link any of his courses to some Challenges.
The "Provider":
Any person, legal or natural, under public or private law, registered on the Site in order to propose a Challenge.
The "Site":
Website accessible at the URL challengedata.ens.fr, as well as any sub-sites, mirror sites, portals and related URL variations.
The "Study Data":
Datasets and other information of any kind submitted by the Provider to the Participant as part of a Challenge.
The “User”:
Participant, Professor or Provider.

ARTICLE 3. PURPOSE

These Terms of Use determine the conditions under which the Site is made available to the User by the ENS for participation in or provision of the Challenges.

ARTICLE 4. USE OF THE PLATFORM

4.1 CHARGES

Use of the Platform is free of any charge for all Users.

4.2 DESTINATION OF THE PLATFORM

The purpose of the Platform is different depending on the User’s category (any such purpose being referred to as the “Destination” of the Platform). For Participants, the Destination of the Platform is to participate in the Challenge and produce a Model with the best Performance by first registering to them on the Challenge’s page on the Site. For Professors, the Destination can either be the same as for Participants or to link class projects to Challenges directly from their personal space. For Providers, the Destination is to create a Challenge and provide its Study Data. In order to use the Platform according to its Destination, the User must have an activated account. The objective for the ENS is to promote through the Platform and its Destinations a free exchange of data and algorithmic knowledge, for the development of education and research in data science on one hand, and industrial applications on the other.

4.3 ACCOUNT CREATION

4.3.1 PARTICIPANT AND PROFESSOR

The creation of an account is an essential prerequisite for participation in the Challenges as a Participant, or to link classes to Challenges for Professors. The Participants and Professors of the Site must be at least 18 years old or meet the majority conditions set by their own nationality rules if they do not have French nationality. In order to create his account, the Participant or Professor will be asked to provide a certain amount of mandatory Personal Information. This information (in particular, name, first name, e-mail address and status) is deemed essential for the creation of the account’s personal space, proper functioning of the Platform and organization of Events. Refusal by a Participant or Professor to provide such information will have the effect of preventing the creation of his account. Once the Participant has created his account, he needs to activate it by clicking on a link in a sent email in order to be able to use all functionalities of the Platform associated with a Participant’s account. For Professors, an additional manual validation by administrators of the Site is required in order to activate their account. The ENS reserves the right to decline to activate a Professor’s account and delete it should the personal information provided not be deemed sufficient to identify the User as a Professor. Such refusal of activation and such deletion shall not be likely to constitute a fault of the ENS or damage to the Professor, who shall not be entitled to any compensation as a result. Additional optional Personal Information may be posted on his personal space by the Participant or Professor at his sole discretion in order to favor social interactions with other Participants, Professors and Providers. The Participant or Professor undertakes to ensure that the Personal Information he provides when creating his account is strictly accurate. The password is the guarantee of the confidentiality of the information contained in the account. The Participant or Professor therefore refrains from transmitting or communicating it to a third party. Failing this, the ENS cannot be held responsible for unauthorized access to a Participant or Professor's account.

4.3.2 PROVIDER

The creation of an account is an essential prerequisite to provide Challenges and upload associated Study data as a Provider. Providers must be duly established and registered companies or public institutions of any country. In order to create his account, the Provider will be asked to provide a certain amount of mandatory information. This information (name, contact e-mail address, description of activity and logo) is deemed essential for the creation of the account’s personal space, creation of Challenges, proper functioning of the Platform and organization of Events. Refusal by a Provider to provide such information will have the effect of preventing the creation of his account. The Provider undertakes to ensure that the information he provides when creating his account is strictly accurate. Once the Provider has created his account, he both needs to click on a link on a sent email and have the account manually validated by administrators of the Site in order for it to be activated, so that the Provider be able to use all functionalities of the Platform associated with his account. The ENS reserves the right to decline to activate a Provider’s account and delete it should the Provider not intending to propose any Challenge or for any other reason he judges appropriate. It is recommended that potential Providers contact beforehand the ENS by sending an e-mail to the address challenge.data@ens.fr or using the Contact form detailing the Challenge(s) they intend to propose in order to have their account validated and activated. Such refusal of activation and such deletion shall not be likely to constitute a fault of the ENS or damage to the Provider, who shall not be entitled to any compensation as a result. The password is the guarantee of the confidentiality of the information contained in the account. The Provider therefore refrains from transmitting or communicating it to a third party. Failing this, the ENS cannot be held responsible for unauthorized access to a Provider's account.

4.4 CHALLENGE CREATION

Providers with an activated account can create a Challenge directly from their account by uploading Study Data and specifying a start date and end date for their Challenge. During the start date and end date, the Challenge is said to be active.

4.5 CHALLENGE VALIDATION

Once a Challenge has been created by a Provider, it needs to be validated by administrators of the Site in order to be accessible to Participants and Professors. Although the ENS will make its best efforts to integrate on the Platform any Challenge proposed, the ENS reserves the right to decline to validate a Challenge and delete it if it considers that the quality of the uploaded Study Data is not satisfactory or for any other reason he judges appropriate. Such refusal of activation and such deletion shall not be likely to constitute a fault of the ENS or damage to the Provider, who shall not be entitled to any compensation as a result.

4.6. DATA AND REPORTS

4.6.1. PROVIDER DATA LICENSE

The Provider submits a Challenge on the Site by uploading Study Data. In doing so, he acknowledges that this data is by default open and under the terms of Etalab Open Licence unless other license terms are otherwise specified directly onto the Challenge description by the Provider, in which case the specified terms prevail. By uploading the Study Data onto the Platform, the Provider guarantees that he himself has the right to disseminate the Study Data under the corresponding license. The ENS shall not be held liable for upload by Providers on the platform of Study Data under license terms which are contrary to such data original license terms.

4.6.2 USE OF DATA BY PARTICIPANTS

By registering on the Platform, the Participant agrees to respect the terms of the licenses of Challenges’ Study Data.

4.6.3 PARTICIPATION TO CHALLENGES

Participants are limited to 2 (two) submissions of solutions every 24 hours. Shall the Participant participate in a Challenge as a member of a team of Participants, this limit shall apply to the whole team. In order to build a Model, in addition to the Study Data provided by the Provider, public data freely accessible by any Participant may be used. Failure to comply with those rules, in particular by the creation of multiple accounts linked to a single Participant so as to get around the 2 submissions every 24 hours limit, may lead without prior notice to the deletion of all such accounts and all results linked to such accounts. Such deletion shall not be likely to constitute a fault of the ENS or damage to the excluded Participant, who shall not be entitled to any compensation as a result.

4.6.4 PARTICIPANT REPORTS AND LINKS TO CODE

At the end of a Challenge or at the end of courses they have linked their participation to, Participants will have the opportunity to upload a report on their scientific approach onto the Site. If posted in the context of a course affiliation through a specific link at the end of such course, such reports shall only be available to the Provider and the Professor associated with such Challenge and such course. Reports can also be uploaded at the end of a Challenge, in which case Participants can elect to make it public and available to all Users or restricted only to the Provider of the Challenge. In doing so, the Participants then agree to the free dissemination and free use of ideas of the written report by the audience entitled to access it. Participants can also elect to share with such audience a link to their code on a software development platform in which case the license terms specified on such platform shall prevail for use of the code.

4.7 CONTACT

Participants agree to be contacted by Providers of the Challenges they are registered to. This contact will be made directly through a mailing interface on the Provider’s personal space such that no piece of the Participant’s Personal Information shall be disclosed to the Providers.

4.8 ACCOUNT DELETION

4.8.1. ACCOUNT DELETION BY THE PARTICIPANT OR PROFESSOR

Any Participant or Professor may delete or close his account directly on the Platform, by simply sending an e-mail to the address challenge.data@ens.fr or using the Contact form. Any data related to such Participant or Professor will then be deleted.

4.8.2. CHALLENGE OR ACCOUNT DELETION BY THE PROVIDER

A Provider may not remove a Challenge while it is active. After its end date, once it is inactive, a Provider can ask to remove a Challenge by sending an email directly to any member of the ENS with whom he has been in contact to integrate his Challenge on the Platform, by sending an e-mail to the generic address challenge.data@ens.fr or by using the Contact form. While it is not guaranteed that such removal will be accepted by the ENS, best efforts will be made by the ENS to ensure that a suitable solution be found to address such request. Should a Provider not have anymore active or inactive Challenge, he may delete or close his account by simply sending an e-mail to the address challenge.data@ens.fr or using the Contact form. Any data related to such Provider will then be deleted.

4.8.3. ACCOUNT DELETION BY THE ENS

ENS reserves the right to delete the account of any User who contravenes these Terms of Use, in particular when the User provides inaccurate, incomplete, misleading or fraudulent information, as well as when a Participant's account has remained inactive for at least one year. Such deletion shall not be likely to constitute a fault of the ENS or damage to the excluded User, who shall not be entitled to any compensation as a result. This exclusion is without prejudice to the possibility for ENS to take legal action against the User, when the facts justify it.

4.8.4 ACCOUNT OR CHALLENGE MODIFICATION BY THE ENS

At the request of a User or at its sole discretion, in order to correct what appears with sufficient grounds to be a mistake, the ENS may modify data linked to a User on the Site. In addition, the ENS may make modifications to a Challenge in order to improve it. As long as such changes remain minimal, prior consent of the Provider is not required, but shall those changes be more substantial, the ENS shall make its best efforts to carry those changes in close collaboration with the Provider.

ARTICLE 5. PROVIDER EVENTS AND PRIZES

On top of Events organized by the ENS or any other third party such as award or closing ceremonies related to all Challenges, Providers are welcome to organize private events linked to their Challenge during which they may reward their Challenge’s top Participants. In that case, so as not to create any financial incentive to participate in their Challenge, Providers agree to limit the value of any reward to 500 € (five hundred euros) which shall not be in cash.

ARTICLE 6. OBLIGATIONS OF THE ENS

6.1 AVAILABILITY OF THE ONLINE PLATFORM

The ENS makes the Platform available to the User, so that he can use it towards its Destination.

ARTICLE 7. OBLIGATIONS OF THE USER

7.1 CONNECTION TO THE SITE

The User may connect to the Site via an Internet connection. The ENS does not provide the User with any hardware, telephone equipment, terminal equipment, consumables or other equipment, or software. The User acknowledges that it is solely responsible for the installation, maintenance and control of the technical configuration required to connect to the Site. Regardless of the connection method chosen, the costs of connecting and transmitting data from the User's workstation to the Site server are the responsibility of the User, as well as any amount, fee, registration, tax or other charge that may be requested by the providers of access to the telecommunications networks connecting the User to the Site.

7.2 CHARTER OF GOOD CONDUCT

The User undertakes to use the Platform only for its Destination. The User undertakes to use the Platform lawfully and fairly. Offensive, harmful and/or abusive language, references to illegal and/or unlawful activities or links to platforms displaying such illegal content are strictly prohibited. Any illegal or generally unauthorized use of the Site's services will result in the immediate deletion of the User's account, without prejudice to the ENS of any legal action for compensation. While the ENS will make its best efforts to monitor the Platform and ensure such good conduct is enforced at all times, any User can report what he judges to be a breach of this charter of good conduct to the ENS by sending an email to the email address challenge.data@ens.fr or through the Contact form.

7.3 EVICTION GUARANTEE

The User guarantees to the ENS that he holds all the rights for any content he may upload or display on the Site. In particular, the User guarantees that it has respected and will respect the intellectual property rights of third parties, in particular copyright, design rights, as well as patent and trademark rights. As such, the User guarantees the ENS against any action, complaint, claim or opposition by any person invoking an intellectual property right or an act of unfair and/or parasitic competition, which could be infringed by the execution of this contract. The compensation and costs of any kind spent by ENS, as well as any damages awarded against it, will be borne by the User under the eviction guarantee.

ARTICLE 8. LIABILITY

8.1 LIABILITY DUE TO THE PLATFORM

The ENS acts within the framework of this agreement as host in accordance with Article 6 of the Law on Confidence in the Digital Economy of 21 June 2004. In this capacity, its role will be limited, under an obligation of means, to providing the Providers with an online electronic Platform. The Participant is solely responsible for his participation in the Challenge, as well as for the production, publication and proper functioning of the Performances and Models. Study Data is prepared exclusively by the Provider. The Performances and Models are performed exclusively by the Participant. The ENS has no power of representation of the Provider, the Professor or the Participant. The ENS shall not be held liable for any unlawful content published on the Platform by any User contrarily to these Terms of Use and notably the charter of good conduct.

8.2 FORCE MAJEURE - FAULT OF THE USER

ENS shall not be liable in the event of force majeure or the User's fault, as defined in this article:

8.2.1 FORCE MAJEURE

For the purposes of these Terms of Use, shall be considered as force majeure against the User any prevention, limitation or disruption of the service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of facilities, the unlawful or fraudulent use of passwords, codes or references provided to the User, computer hacking, a security breach attributable to the Site host or developers, flooding, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the ENS. In such circumstances, the ENS shall be exempted from the performance of its obligations within the limit of such prevention, limitation or disruption.

8.2.2 USER'S FAULT

For the purposes of these Terms of Use, any misuse of the Site by the User, fault, negligence, omission or failure on the part of the User or its employees, failure to comply with the advice given by the ENS on its Site, any unauthorized disclosure or use of the User's password, codes and references shall be considered as a fault of the User. The implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or spirit of these Terms of Use, shall also be considered as a fault of the Participant.

8.3 TECHNICAL PROBLEMS - HYPERLINKS

The User acknowledges having verified that the computer configuration of the Site does not contain any viruses and that it is in perfect working order. The ENS excludes any guarantee of security of the User's equipment in connection with the connection to the Site. The ENS may under no circumstances be held liable, under any circumstances whatsoever, for any loss of information, loss of machine time, loss of use of any hardware or software. In the event of impossibility of access to the Site, due to maintenance operations or technical problems of any kind, the User may not claim any damage and may not claim any compensation. The unavailability, even if prolonged and without any time limit, of one or more online services may not constitute a prejudice for the Users and may in no way give rise to the award of damages by ENS. The hypertext links on the Site may lead to other websites. The ENS cannot be held liable if the content of these sites contravenes current legislation. Similarly, the ENS cannot be held liable if the User's visit to one of these sites causes it damage.

ARTICLE 9. GENERAL PROVISIONS

9.1 APPLICABLE LAW

These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter shall be subject to the application of French law.

9.2 AMENDMENTS TO THESE TERMS OF USE

These Terms of Use may be amended at any time by the ENS. The Terms of Use applicable to the User are those in force on the day of his connection to his account, any new connection to the account entailing acceptance, if applicable, of the new Terms of Use.

9.3 AMICABLE SETTLEMENT OF DISPUTES

Any disputes that may arise in connection with the execution of these Terms of Use must, before any legal action is taken, be submitted to the ENS for assessment with a view to an amicable settlement.

9.4 ENTIRETY

The invalidity of one of the clauses of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled provision with a valid provision corresponding to the spirit and purpose hereof.

9.5 NO WAIVER

The failure of the ENS to exercise the rights granted to it hereunder shall in no case be interpreted as a waiver of such rights.