Pasqal’s Community Terms of Services

This document (the “Terms of Services”) describes the terms and conditions under which PASQAL SAS, a French simplified joint stock company registered at the Evry Trade and Companies Register under number 849 441 522, whose registered office is located at 7 rue Léonard de Vinci, 91300 MASSY, FRANCE and its affiliates (collectively, referred to hereinafter as “PASQAL” or “we”, “our”, “ours”) enables its User (referred to hereinafter as “the User ” or “you”, “your” or “yours”) to access and use PASQAL’s Community Platform and the associated services made available by PASQAL (referred to hereinafter as “Community Platform ”).

PLEASE READ THIS DOCUMENT CAREFULLY AS THESE TERMS OF SERVICES CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN PASQAL AND ITS USERS AND CONTAIN IMPORTANT INFORMATION REGARDING THE DURATION OF THE SERVICES, PASQAL’S RIGHTS TO CHANGE THESE TERMS OF SERVICE, LIMITATIONS OF PASQAL’S LIABILITY, WARRANTY DISCLAIMERS, TERMS REGARDING THE USERS’ PRIVACY RIGHTS.

BY CLICKING ON THE “YES” OR “I ACCEPT” BUTTON (OR OTHER BUTTON OR MECHANISM DESIGNED TO ACKNOWLEDGE AGREEMENT TO THE TERMS OF SERVICE), OR BY DOWNLOADING, ACCESSING OR INSTALLING THE COMMUNITY TERMS OF SERVICES, THE USER IS CONSENTING TO BE BOUND BY THIS AGREEMENT.

THE USE OF PASQAL’S SERVICES BY THE USER WILL MEAN THAT THE USER HAS ACCEPTED THE TERMS AND CONDITIONS DESCRIBED BELOW.

The services offered by PASQAL under the Terms of Services include access to the Community Platform. Any such services offered by PASQAL are referred to in these Terms of Services as the “Services” (as defined below). Any new features or tools which are added to the current Services shall be also subject to the Terms of Services.

You can review the current version of the Terms of Services at any time at: https://community.pasqal.com/terms

PASQAL reserves the right to update, amend and change the Terms of Services at any time. In that case, any significant modification will be notified to the User by the introduction of a pop- up on the website or by e-mail.

You must read and agree with these Terms of Services, including PASQAL’s Privacy policy, before using the Services.

Definitions

For the purpose of this Agreement, in these Terms, the words beginning with a capital letter get the following definition:

“Community” means the group of people interested to learn Pasqual’s Technology.
“Community Platform” means the digital tool to sustain this Community with three main experiences : learning, connecting with people and contribution.
“Compute” means cloud-based services that provide remote access to quantum computing backend s.
“Content” means lessons, illustrations, activities, quizz, blog post, scientific papers, webinars, video, documentations and tutorials, all resources to learn about our libraries Pulser, Qadence and the platform Pulser Studio…
“Online Tools” means the tools in the web interface available to the User, namely Qadence, Pulser, Pulser Studio.
“Platform” means a remote processing unit that can be either a simulator running on a traditional computer and simulating quantum circuit or a quantum processing unit.
“Pulser” means a Python library framework for designing, simulating and executing analog quantum programs in the form of pulse sequences for neutral-atom QPUs
“Pulser Studio” means a no-code programming interface that allows you to build, visualize, and run Quantum sequences on back ends.
“Qadence” means a Python package to write quantum programs in the digital and digital- analog paradigm, and to be executed by neutral-atom QPUs or to be simulated by software emulators.
“Services” means any service provided by PASQAL to the User on the Community Platform.
“Technology” means the PASQAL quantum computer, and all software, know-how, algorithms, patents, interfaces, tools, utilities, application programming interfaces (APIs), and other technologies relating thereto (and any related intellectual property) that is provided by or on behalf of PASQAL, including the Emulator, and used to provide the Compute Services.
“User” means a user who has been allowed to access the Community Platform.

Scope of the Terms of Services

These Terms of Services shall apply to the provision of the PASQAL Community Platform to its Users.

Additional terms may apply with respect to the Community Terms of Services. Such additional terms are identified below as addenda to these Terms of Services and, to the extent applicable, supplement and form an integral part of these Terms of Services.

In the event of any inconsistency or conflict between the documents mentioned above, the following order of priority will apply, unless expressly stated otherwise in the relevant document : (i) these Terms of Services, (ii) the terms of an addendum to these Terms of Services (iii) the privacy policy and (iv) the Code of good conduct.

Subscription modalities

The Users must be a member of the Community.

For further details and/or information please see the following link for a contact: https://www.pasqal.com/contact-us

The Users may get access and use the Community Platform only after registering.

Acceptance of the Terms of Services

You cannot use the Services unless you first accept to be bound by these Terms of Services.

Your acceptance of the Terms shall be deemed an unconditional agreement to be bound by each provision of the Terms of Services, without any exceptions. If you do not agree with all the provisions of the Terms of Services, please do not access or use the Services.

Before continuing, we advise you to save a local copy of these Terms of Services for your records.

Conditions of provision of the Services by PASQAL

Once the User signed up and has an authorized account by Pasqal he will have the ability to get access to the Community Platform.

By so doing, the members will have the ability to:

learn educational content
participate to online & offline event
browse to resources: scientific papers and publications
communicate via a public instant messaging tool
browse to documentation librairies
contribute to our open source packages

By so doing, the User will also have the possibility to get access to:

Pulser studio.
Qadence documentation.
Pulser documentation.

You acknowledge and accept that PASQAL makes no guarantee that the Community platform will always be operational and available, the availability of the Community platform being provided on a best effort basis.

You acknowledge and accept that the Services may be provided on behalf of PASQAL by PASQAL’s subsidiaries and/or affiliates in accordance with the Terms of Services.

You acknowledge and accept that the Services may be provided to you on behalf of PASQAL, in whole or in part, by third party subcontractors. PASQAL may interrupt access to all or part of the Services, without any liability to you, in order to permit maintenance operations to be carried out and/or for development necessary for the proper functioning and/or for the improvement of the Services. In such case, PASQAL shall inform the User in a reasonable time.

You acknowledge and accept that PASQAL’s Community team may accept or reject members if they do not respect the Code of conduct.

You acknowledge and accept that PASQAL may change from time to time without prior notice to you the form and nature of the Services at its sole discretion, as a result of PASQAL’s improvement, enhancement and further development of the Services.

Access to Services, identifiers and account security

You agree that it is your responsibility to keep the credentials and password associated with any account you use to access the Services strictly confidential.

You must ensure that you do not allow third parties to access your user account on the Platform.

You must inform PASQAL immediately if you suspect that a third party may have had or may have access to your account, for example if you suspect that your password has been disclosed.

PASQAL may under no circumstances be held liable for any fraudulent use of your passwords and account.

If you become aware of any unauthorized use of your credentials/password or of your account, you shall immediately notify PASQAL at: help@pasqal.com

License by PASQAL to the User

PASQAL grants its Users a limited, personal, worldwide, royalty-free, non-assignable and non- exclusive license to use the Online Tools and/or the API provided to you by PASQAL as part of the Services during the duration of the use of the Community Platform. This license is for the sole purpose of enabling the User to fully use the Services as provided by PASQAL, always in compliance with the Terms of Services.

The Users shall not and shall not permit anyone else to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Online Tools and/or the API provided to you by PASQAL or any part thereof, unless this is expressly permitted or required by law, or unless you have been authorized to do so by PASQAL, in writing.

Unless PASQAL has given you prior written authorization to do so, you may not assign or grant a sub-license of your rights to use the Online Tools and/or the API or otherwise transfer all or any part of your rights to use the Online Tools and/or the API.

The license to use Online Tools is a single-user license per User.

License by User to PASQAL

Before displaying, posting and/or submitting for translation any file, text, web page, and/or any Content whatsoever on or through the Services, the User shall ensure that it is entitled to do so and that it either is the author of the Content or has obtained a prior written authorization to use such content from its author. PASQAL shall under no circumstances be held liable for the consequences of any infringement of this clause.

The User retains copyright and any other rights already held on the Content which you translate, submit, post or display on or through, the Services.

By submitting, posting or displaying the User Data on or through the Services, the User shall grant PASQAL a limited, royalty-free, and non-exclusive license to use, reproduce, translate, adapt, arrange, or modify any type of any User Data which the User submits, posts or displays on or through, the Services in order to get the Services. The User agrees not to be entitled to any compensation or reimbursement of any kind from PASQAL under any circumstances under this license.

PASQAL will only store the Content in order to provide the Services to the User and to Users, especially to provide them the Results. The Content will not be retained beyond the provision of the Services by PASQAL. This license is limited to the duration of the access to the Community Platform and the purpose of providing the Compute Services to User.

The User warrants to PASQAL that it has all the rights, power and authority necessary to grant the limited license referred to in this clause.

Your use of PASQAL Services

You accept to use the Services only for purposes that are in strict compliance with (a) the Terms of Services and (b) applicable laws and government regulations (including any laws governing the export of data or software to and from France and/or your country of residence) and you shall take no actions which would cause PASQAL to be in violation of any law, ruling or regulation applicable to it.

You undertake to use the Services on a secured IT environment.

You must not use the Services (a) to reverse engineer, disassemble, or decompile the Services themselves or any of their components, (b) to use the Services in a way that poses a risk to the Services or any third party, (c) to build-up database of data used for training a competitive service, (d) to engage in any activity that may alter, interfere with, damage, overburden or disrupt the Services (or the servers and networks which are connected to the Services), (e) to remove, defeat, avoid, deactivate or bypass protection or authentication tools or instruments while using the Services, (f) to reproduce, duplicate, copy, sell, trade, resell or make available the Services for yourself or for third parties for any purpose.

You must not submit, store, or process Content in the Services that (a) is illegal, harmful, fraudulent, infringing, offensive, or in violation of privacy rights, (b) violates the Terms, any application law, or any third-party’s Intellectual Property Rights or other rights.

You may be asked to provide to PASQAL certain personal data and information in order to allow you to identify yourself as an individual, such as identification or contact details (referred to below as “Personal Data”) as part of the registration process for the Services, and/or as part of your use of the Services. You undertake to provide PASQAL with Personal Data which will always be accurate, complete and up to date. Personal Data will be collected and treated by PASQAL as described in PASQAL Privacy Policy, which you can consult on the following link :https://community.pasqal.com/privacy

Restrictions to access to the services

The User will not be allowed to use the Community platform if:

It is currently located in any EAR, ITAR or OFAC proscribed country;
It is acting as a sub-contractor or representative for companies or citizens from EAR, ITAR or OFAC proscribed countries or from any country under UN or EU embargo or appearing on a restricted party list issued by the European Union institutions or by the Government of the United States of America; or who studied for more than 3 months, or worked for more than 3 months in any such country; and it intends to access the Compute Services or use the results of the Job on their behalf;
It is intending to develop and create a competing service or product to the Technology.

An User will not be allowed to access the Compute Services, or to submit any request for a Job if:

It is a citizen or resident of the EAR, ITAR or OFAC proscribed countries or any country under UN or EU embargo or studied for more than 3 months, or worked for more than 3 months in any such country; and is acting in its individual and personal capacity;
It appears on a restricted party list issued by the European Union institutions of the Government of the United States of America;
It is currently located in any EAR, ITAR or OFAC proscribed country;
It is acting as a sub-contractor or representative for companies or citizens from EAR, ITAR or OFAC proscribed countries or from any country under UN or EU embargo or appearing on a restricted party list issued by the European Union institutions or by the Government of the United States of America; or who studied for more than 3 months, or worked for more than 3 months in any such country; and it intends to access the Compute Services or use the results of the Job on their behalf;
It is intending to develop and create a competing service or product to the Technology.

The Job cannot be intended to develop and create a competing service or product to the Technology or to be applied to NBC, missiles, or any military application;

PASQAL may terminate immediately the Agreement, without prior notice to the User, in case of material breach by the User of their above mentioned obligations.

Privacy and Personal Data

As part of your use of the Services, PASQAL is obliged to process and collect Personal Data. The Privacy Policy is an integral part of these Terms. It informs you about how PASQAL may collect and process your Personal Data.

The Privacy Policy is available at: https://community.pasqal.com/privacy

In order to exercise the rights provided for in the Personal Data Regulation as explained in the Privacy Policy you can send your request:

by mail: Data Controller — PASQAL SAS — 7 RUE LÉONARD DE VINCI, 91300 MASSY FRANCE
by email: privacy@pasqal.com

You agree to the use of your Personal Data in accordance with PASQAL’s Privacy Policy, in accordance with personal data regulation particularly the provisions of French Law No 78-17 of 6 January 1978; the provisions of European Regulation 2016/679 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 (General Data Protection Regulation) and of French Law No 2018-493 of 20 June 2018 on the protection of personal data), and accept that PASQAL may also pass your Personal Data to its Subsidiaries and Affiliates, for the purpose of provisions of the Services or any other purpose as may be accepted by you.

You undertake to comply with the rules applicable to the protection of Personal Data (particularly the provisions of French Law No 78-17 of 6 January 1978; the provisions of European Regulation 2016/679 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 (General Data Protection Regulation) and of French Law No 2018-493 of 20 June 2018 on the protection of personal data) while using the Services.

PASQAL’s proprietary rights

PASQAL owns and/or has legal authority to all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You acknowledge and agree that the Services may contain information which is designated confidential by PASQAL and you undertake that you shall not disclose such information without PASQAL’s prior written consent.

Unless specified and/or agreed otherwise, you understand that PASQAL does not grant it any right whatsoever, whether in ownership or in use authorization, to any of its IPR under this Terms of Services other than what is required for the performance of the Compute Services.

PASQAL owns and retains all rights in its Technology, the associated Documentation and the associated IPR.

The Terms of Services strictly forbid you to use, represent, reproduce, whether in all or in part, any of PASQAL’s trade names, trademarks, logos, domain names, and other distinctive brand features.

You undertake not to remove and to keep intact any proprietary rights notices (including copyright and trademark notices) which may be affixed to or appear within the Services.

PASQAL shall obtain no right, title or interest from You (or your licensors) under the Terms of Services. Unless you have agreed otherwise in writing with PASQAL, you agree that you are responsible for protecting and enforcing those rights and that PASQAL has no obligation to do so on your behalf.

It is PASQAL’s policy to respond to notices of alleged infringement of copyright, trademark or any other intellectual property rights arising under all applicable intellectual property laws and to terminate the accounts of repeated infringers.

Confidentiality

You acknowledge and agree that using the Services will result in PASQAL disclosing certain confidential, proprietary and/or trade secret information related to the Services and/or PASQAL (the “Confidential Information”).

Such Confidential Information includes, without limitation, the existence, the features and functionality of the Services, the information disclosed by PASQAL to you to perform the Services and obtain the Result, as well as any know how, trade secrets, computer programs, specifications, design documents, marketing information, financial information, business plans, reports, data and information that reveals the processes, methodologies, technology or know how by which PASQAL existing or future products, services, applications and methods of operation are developed, conducted or operated, and any document with the indication “confidential — community only - do not repost” which are made available to the User.

You agree that you shall not disclose any Confidential Information or any part thereof to any third party, except to the extent that such Confidential Information (a) is generally known to the public at the time of disclosure or becomes generally known through no wrongful act on the part of the User and/or its Users; (b) is in the User’s and/or its Users’ possession at the time of disclosure otherwise than as a result of the User’s breach of any legal obligation; (c) becomes known to the User through disclosure by sources other than PASQAL having the legal right to disclose such Confidential Information; (d) is independently developed by the User without reference to or reliance upon the Confidential Information; (e) is required to be disclosed by the User to comply with a subpoena, other validly issued order of a court or governmental agency, applicable laws or governmental or administrative regulations, provided that the User provides prior written notice of such disclosure to PASQAL and reasonably cooperates with PASQAL in PASQAL’s efforts to avoid and/or minimize the extent of such disclosure.

At the termination of the Services or at any time by request of PASQAL, the User will return all Confidential Information in its possession to PASQAL and further agrees that it will not duplicate, translate, modify, copy, print, disassemble, decompile or otherwise tamper with the Services or any Confidential Information.

The Confidential Information provisions provided for in this Term of Services shall apply for the duration of this Term of Services and for three (3) years after its expiry or termination for any reason.

The User agree that any breach of this Confidentiality clause will cause PASQAL substantial and irreparable damages and, therefore, in the event of any such breach, in addition to other remedies which may be available, PASQAL shall have the right to seek specific performance and other injunctive and equitable relief.

Fees/Payment

The User shall pay no Fees corresponding to its use of the Community Platform, whose access is free.

Term and Termination

The Users will be bound by these Terms of Service after accepting them. These Terms and Services will remain in full force and effect until terminated by either party as specified below.

PASQAL shall be entitled to terminate the Services at any time, at its convenience at any point, upon written notice to the User.

The User shall be entitled to terminate the Services at any time at its convenience at any point by sending an email to help@pasqal.com asking for the suppression of his account and his personal data.

The termination of the Terms of Services shall not extend to those legal rights, obligations and liabilities, and in particular, without limitation, pursuant to Article 12 and 13, which continue indefinitely, whether or not expressly stated as such, and which shall continue unaffected, and the provisions of Article 17 shall continue to apply to such rights, obligations and liabilities indefinitely.

Warranties

PASQAL shall in no way be liable for the Online Tools, excluding computing results fidelity. The User shall notify to PASQAL any defect by email without delay.

PASQAL shall make its best efforts to remedy to the defect or the error within a reasonable time. The User shall assist PASQAL in rectifying the defect or the error.

No advice, results or information, whether oral or written, obtained by the User from PASQAL or through the Services shall create any warranty not expressly made in the terms.

Liability

PASQAL offers the Services “as they are” and “as available”, and therefore does not have to make sure the Services match the User’s needs.

Any material or software downloaded or otherwise obtained through the use of the Services is obtained at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of such material. You are solely responsible for taking all appropriate measures to protect your own data and/or computer from contamination by any viruses that may be circulating on the internet.

You shall be fully responsible for the risks incurred by placing your reliance on, and for all consequences of your use of (i) the Services, (ii) the results produced by the Services and/ or any (iii) Content.

Neither PASQAL nor any of its subsidiaries, affiliates and licensors will under any circumstances be liable to you for any payment or indemnification in relation to any indirect, incidental, special, consequential, or any other damage, arising from the Agreement or associated with the use of the Services, including without limitation, loss of profits or income, loss of goodwill, loss of business, loss of reputation or loss of opportunity, loss of data, and any indirect or consequential loss or any other loss or damage of any kind, even if foreseeable. In no event shall PASQAL be liable, in any manner whatsoever, for indirect damages.

You shall indemnify, defend and hold PASQAL, its subsidiaries and affiliates and all the officers, directors, employees, agents, information providers, licensors and licensees of PASQAL and those of its subsidiaries and affiliates (collectively, the “indemnified parties”) harmless from and against all and any expenses, losses, liabilities, damages, costs or disbursements incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from (i) your use, or the use of any user of your account, of the Services and/or (ii) any breach by you, or by any user of your account, of the Terms or (iii) any violation by you, or by any user of your account, of any rights of third parties through the use of the Services. PASQAL reserves the right, at its own expense, to assume the exclusive defense and control of any claim for which the indemnified parties are entitled to indemnification under this clause, subject to indemnification by you. In such event, you agree to cooperate with PASQAL’s defense of such claim.

Applicable law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of France.

The parties agree to use English in the contract as a language of convenience.

Legal terms shall have their meaning under French law without recourse to English or any other law. In case of dispute over the interpretation or the execution of the Agreement, the parties undertake to make every effort to settle their dispute amicably within a delay of thirty (30) days as from the beginning of the dispute.

Any dispute, regardless of its purpose or ground, relating to, entailed by or resulting from this Agreement shall be subject to the exclusive jurisdiction of the Paris Judicial Court, without regards to any rule of conflict.

Miscellaneous

The Terms of Services shall govern only your relationship with PASQAL, and its Subsidiaries and Affiliates, to the exclusion of any relationship which you may enter into incidentally with any other person or company as a result of, or through your use of the Services, when using a service or downloading software, or purchasing goods, provided by such person or company.

Any notices by PASQAL in connection to the Services may be provided to you either by email, regular mail, or postings on the Services.

No failure to exercise, nor any delay in exercising, on the part of PASQAL, any right or remedy under the Terms of Services or under any applicable law, shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or future exercise thereof or the exercise of any other right or remedy. The rights and remedies of PASQAL provided for by the Terms are cumulative and not exclusive of any rights or remedies provided by law.

If, at any time, any provision of the Terms of Services is or becomes illegal, invalid or unenforceable in any respect pursuant to any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.

You acknowledge and agree that the Terms of Services shall benefit PASQAL’s subsidiaries and affiliates and that they shall be entitled to directly enforce, and rely upon, any provision of the Terms of Services which confers a benefit on (or rights in favour of) them. Other than by virtue of this provision, no other person or company shall be third party beneficiaries of the Terms of Services.