Pasqal’s Community Terms of Services

The below terms and conditions (the “Terms of Service”) describe the terms and conditions under which Pasqal, 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 24 rue Emile Baudot, 91120 Palaiseau, 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 THESE TERMS OF SERVICE CAREFULLY AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN PASQAL AND ITS USERS AND CONTAIN IMPORTANT INFORMATION REGARDING THE DURATION OF THE SERVICES, PASQAL’S RIGHT 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 PLATFORM TERMS OF SERVICE OR THE TERMS OF SERVICE OF ANY ASSOCIATED SERVICES AS DEFINED HEREIN, THE USER IS CONSENTING TO BE BOUND BY THESE TERMS OF SERVICE.

THE USE OF PASQAL’S SERVICES BY THE USER WILL MEAN THAT THE USER HAS ACCEPTED THE TERMS AND CONDITIONS DESCRIBED BELOW AND ANY REFERRED TERMS OF SERVICE OF ASSOCIATED SERVICES AS MAY BE DEFINED OR LINKED BELOW.

The services offered by Pasqal under the Terms of Service include access to the Community Platform and any associated services as may be defined herein. Any such services offered by Pasqal are referred to in these Terms of Service as the “Services” (as defined below). Any new features or tools which are added to the current Services shall also be subject to the Terms of Service, or the terms of service of which shall be linked in the present Terms of Service.

You can review the current version of the Community Platform 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 and the Community’s Code of conduct (“Community Guidelines”), before using the Services.

1. Definitions

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

  • Community” means the group of people interested to learn Pasqal’s Technology.
  • Community Platform” means the digital tool to sustain this Community with three main experiences: learning, connecting with people and contribution.
  • Content” means lessons, illustrations, activities, quizz, blog post, scientific papers, webinars, video, documentations and tutorials, all resources to learn about our Pulser libraries, Qadence and Pulser Studio, or other associated services and platforms as may be added from time to time.
  • 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 Quantum Processing Units (“QPU”, as defined hereafter).
  • 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.
  • QPU” means a quantum processing unit, a processor that exploits quantum mechanical properties to execute computations.
  • 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 Services.
  • User” means a user who has been allowed to access the Community Platform.

2. Scope of the Terms of Services

These Terms of Service shall apply to the provision of the Pasqal Community Platform to its Users.

Such additional terms are identified below as addenda to these Terms of Service and, to the extent applicable, supplement and form an integral part of these Terms of Service.

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 Service, (ii) the terms of an addendum to these Terms of Service (iii) the Privacy Policy and (iv) the Community Guidelines.

In the case of Pulser Studio, the terms of service specific to Pulser Studio accessible here: https://community.pasqal.com/pulser-studio-terms shall govern. In case of conflict between the present Terms of Service and Pulser Studio’s terms of service, the latter shall prevail.

3. Additional terms and policies that may apply

Additional terms and policies may apply to certain products or features of the Community Platform that we may make available to you, depending on your use of the Community Platform. They will be signposted to you by email upon signing up to new features, or via a pop-up on the website. The main ones that you should be aware of, and which are to be considered as forming part of these Terms, are:

  • Qadence: these T&Cs govern your use of our python package for differentiable digital-analog quantum programs: https://pasqal-io.github.io/qadence/latest/
  • Pulser: these T&Cs govern your use of our open-source Python software package. It provides easy-to-use libraries for designing and simulating pulse sequences that act on programmable arrays of neutral atoms, a promising platform for quantum computation and simulation: https://pulser.readthedocs.io/en/latest/
  • Pulser Studio: these T&Cs govern your use of our digital tool, Pulser Studio, that enables you to reproduce simulations of quantum calculations: https://community.pasqal.com/pulser-studio-terms

4. Subscription modalities

The Users may get access to part of the Content of the Community Platform without registering.

Should the User wish to use all the features of the Community Platform, he will be required to register by clicking a button and fill out a registration page by giving a certain number of information: email address, password, last name, first name, organization, domain of activity, position, country…

By subscribing to become a member of the Community Platform, the User will automatically have access to certain features by default, and will be able to access further features, the terms of service of which will be defined herein.

5. Acceptance of the Terms of Service

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

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

Before continuing, we recommend that you save or download a local copy of these Terms of Services for your records.

6. Conditions of provision of the Services by Pasqal

Once the User is registered and has an account as authorized by Pasqal, he will have the ability to access the Community Platform.

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

  • learn educational content;
  • participate to online and offline events;
  • browse resources such as scientific papers and publications;
  • communicate via a public instant messaging tool;
  • browse documentation libraries;
  • contribute to our open source packages.

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

  • Pulser Studio;
  • Qadence documentation;
  • Pulser documentation;

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.

The Services may be provided on behalf of Pasqal by Pasqal’s subsidiaries and/or affiliates in accordance with the Terms of Services.

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 within a reasonable time.

Pasqal’s Community team may accept or reject members if they do not respect the Community Guidelines.

Pasqal may change from time to time, without prior notice, 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.

7. Access to Services, Identifiers and Account Security

It is your responsibility to keep the credentials and passwords 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.

Please inform Pasqal 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, please notify Pasqal at: help@pasqal.com

8. User’s rights and obligations

Under these Terms, you can use the Community Platform in order to:

  • Create and share Content;
  • Interact with other Users;
  • View Content created by others; and
  • Use the features and functionalities available to you on the Community Platform and as provided to you from time to time.

Such rights provided to you:

  • Are limited to what is stated in these Terms;
  • Are for your benefit only;
  • Cannot be transferred to another person by you;
  • Can be withdrawn for the reasons allowed by these Terms and the Community Guidelines.

Our Community Guidelines apply to all Users and to all Content on the Community Platform. If you wish to use the Community Platform, you cannot create, post, share, link or otherwise interact with content in breach of the Community Guidelines.

In addition to the Community Guidelines, you must not use the Community Platform to:

  • Do anything illegal, including sharing any illegal content;
  • Do anything on the Community Platform that violates applicable anti-money laundering, counter terrorist financing, export controls and economic sanction laws or regulations;
  • Engage with minors in an inappropriate or exploitative way;
  • Undermine, or damage in any way, the Community Platform’s operations, functionalities or security;
  • Engage in inauthentic or reprehensible commercial behaviours such as relying on the Platform Community to hare spam, impersonate individuals or in other reprehensible ways as defined by the Community Guidelines;
  • Submit appeals, reports, notices or complaints which are manifestly unfounded;
  • Extract any data or content from the Community Platform using any automated systems or software that is not provided by the Community Platform or approved in writing by Pasqal.

You can report suspected illegal content or content which otherwise breaches these Terms or the Community Guidelines by: community@pasqal.com

9. 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.

10. 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 necessary to provide the Services to the User and to Users. 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 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.

11. 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).

Unless specified and/or agreed otherwise, you understand that Pasqal does not grant you 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 Services.

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

The Terms of Service 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 Service. 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.

12. Your use of Pasqal’s 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.

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

13. Privacy and Personal Data

As part of the registration process for the Services, and/or as part of your use of the Services, 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”).

Personal Data may be collected and treated by Pasqal as described in the Privacy Policy.

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: DPO — Pasqal — 24 rue Emile Baudot, 91120 Palaiseau, FRANCE;
  • by email: compliance@pasqal.com.

Your Personal Data may be used 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. Pasqal may also pass your Personal Data to its affiliates for the purpose of provisions of the Services or any other purpose as may be accepted by you.

14. Fees/Payment

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

15. Term, Account Suspension and Termination

The Users will be bound by these Terms of Service after accepting them.

These Terms of Services will remain in full force and effect until terminated by either party as specified below.

Pasqal reserves the right to suspend your account and/or your access to all or part of the Services in case of your breach of these Terms and/or breach of the Community Guidelines, upon written notice to the User. During the suspension, all rights and permission granted to the User under these Terms will be suspended and you will not be able to access or use all or part of our Services. You shall have a period of fifteen (15) days to remedy the breach notified by Pasqal and to notify Pasqal accordingly.

Pasqal shall be entitled to terminate the Services at any time, at its convenience at any point, upon written notice to the User and delete your account.

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 11, which will 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.

16. Warranties

Pasqal shall in no way be liable for the Online Tools.

The User may report to Pasqal’s support contact any problems related to the Services that he may encounter.

Pasqal shall make its best efforts to remedy to the reported problems within a reasonable time.

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.

17. Liability

Pasqal offers the Services “as they are” and “as available”, and therefore has no obligation to ensure that the Services are adequate for any purpose relating to 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 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 use of the Community Platform 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.

18. Applicable law and Jurisdiction

These Terms shall be governed by the laws of France. English, in these Terms, is used 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 of these Terms, we will 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 the interpretation or the application of these Terms shall be subject to the exclusive jurisdiction of the Paris Judicial Court.

19. Miscellaneous

The Terms of Service shall govern only your relationship with Pasqal, and its 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.

The Terms of Service shall benefit Pasqal’s affiliates and 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.

21. Contacting Pasqal

Should you have any questions, you can contact us at: https://www.pasqal.com/contact-us.

If you require assistance (technical or other) with your account, you can reach out by e-mail to help@pasqal.com.

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