Private Beta Terms

Who these terms apply to

These terms apply to anyone who uses the Platform during the private beta, whether they created their account themselves or were invited by a company or another user (the "User"). They are agreed between the User and AeroCertLink, a French simplified joint-stock company (SASU) with a share capital of EUR 1,000, registered with the Lyon Trade and Companies Register under number 130 794 274, with its registered office at 33 Chemin du Clos Burtin, 69230 Saint-Genis-Laval, France ("AeroCertLink").

They supplement the Terms of Use and the Privacy Policy, which continue to apply.

Article 1 — Definitions

• "Beta": the pre-launch version of the Platform, with its documentation, credentials and related communications.
• "Confidential Information": any non-public information the User has access to because of the Beta, in any form. This includes the Platform's screens, features, user flows, wording and design choices, its architecture and code, its roadmap, planned prices, partners and prospects, and other users' data. Information is confidential even if it is not marked as such.
• "Feedback": comments, ideas, suggestions, bug reports and improvement proposals the User sends to AeroCertLink about the Platform.

Article 2 — Purpose

These terms set out the User's personal, free and temporary access to the Beta, and the confidentiality and non-use obligations given in return.

Article 3 — Nature of the Beta

3.1 Free of charge. Access to the Beta is free. This does not prejudge the commercial terms of the Platform once it opens to the public.

3.2 Test version. The Beta is under development. Features may be changed, suspended or removed, and data entered may be reset without notice.

3.3 No verification. AeroCertLink does not verify, certify or guarantee any authorisation, delegation, qualification or licence, or any other statement published on the Platform. Each user declares their own information and remains solely responsible for it.

3.4 No contractual intermediation. AeroCertLink is not an employer, a placement or temporary-work agency, or an agent of the users. Any engagement is agreed directly between the users concerned.

3.5 Technical data. During the Beta, the Platform accepts no technical data (see article 4, item 3).

3.6 Regulatory information and generated documents. Information published by aviation authorities that the Beta may display (airworthiness directives, type certificate data sheets, etc.) is provided for information only. It may be incomplete, outdated or wrong and does not replace the official sources. Documents generated by the Beta are test documents. Neither may be used for any real airworthiness, design, maintenance or certification decision.

Article 4 — User commitments

The User agrees to:

1. use the Beta to test it and, if they wish, send Feedback;
2. keep their credentials strictly personal and never share them;
3. upload to the Beta no technical data subject to export controls (including ITAR, EAR or any equivalent regime), and no confidential or protected information belonging to a third party, including their employer or clients. The User uses fictitious or non-sensitive examples;
4. make sure their participation does not breach any obligation owed to a third party, in particular their employer;
5. comply with article 5.

The User represents that neither they nor, where applicable, the organisation they act for (a) is subject to sanctions administered by the European Union, the United Nations, France, the United States, Canada or the United Kingdom, or (b) is located, organised or ordinarily resident in a country or territory subject to comprehensive sanctions. The User informs AeroCertLink without delay if this representation ceases to be accurate.

Article 5 — Confidentiality and non-use

5.1 Obligations. For the period set out in article 5.5, the User agrees:

a) not to disclose Confidential Information to anyone who does not use the Beta, without AeroCertLink's prior written consent;

b) not to make, keep or share screenshots, video recordings or copies of the Beta, except to report a bug to AeroCertLink, and to AeroCertLink only;

c) to use Confidential Information only to test the Beta and for normal use of the Platform. In particular, the User shall not use it to design, develop, fund, promote or advise on a product or service that reuses any of that Confidential Information;

d) not to copy, decompile, disassemble or reverse-engineer any part of the Platform, and not to extract its content or data by any means, including automated means;

e) to protect Confidential Information with at least the care used for their own confidential information, and in any case with reasonable care.

5.2 Invitations. Inviting someone to the Platform through its invitation features (a colleague, an expert, a client) is not a disclosure under article 5.1 a). The invited person accepts these terms in turn before accessing the Beta.

5.3 Scope. Article 5 prohibits the use of Confidential Information. It does not prevent the User from practising their profession, working for a company in the sector, or using their general knowledge and skills.

5.4 Exceptions. Article 5.1 does not apply to information that the User can show:

a) was public when disclosed, or has since become public through no fault of the User;

b) was already lawfully known to the User without any duty of confidentiality;

c) was lawfully received from a third party not bound by confidentiality;

d) was independently developed without using Confidential Information.

The User may disclose Confidential Information where required by law, a court order or a competent authority. The User then informs AeroCertLink in advance where the law allows, and discloses only what is strictly necessary.

Nothing in these terms prevents the User from exercising a whistleblowing or reporting right protected by law, or from providing information to a public authority in that context.

Notice under the U.S. Defend Trade Secrets Act (18 U.S.C. § 1833(b)). An individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney, and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to their attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order.

5.5 Duration. These obligations apply during the Beta and for three (3) years after it ends, for any reason. Confidential Information that is a trade secret under articles L. 151-1 et seq. of the French Commercial Code remains protected for as long as it keeps that status.

5.6 User's information. AeroCertLink keeps confidential the information the User shares about their business, employer or clients outside their profile, and never discloses it without the User's written consent.

Article 6 — Intellectual property

6.1 AeroCertLink's property. The Platform, the Beta and their components (software, databases, text, interfaces, trademarks, logos, visual identity) remain the exclusive property of AeroCertLink or its licensors. The User receives only a personal, non-exclusive, non-transferable and revocable right to use the Beta for its duration.

6.2 Feedback. The User assigns to AeroCertLink, free of charge and exclusively, any economic copyright the User may hold in the Feedback (reproduction, representation, adaptation, modification, translation and commercial exploitation), worldwide and for the full legal term of protection, on any medium and by any process known at the date of acceptance, in particular to improve, develop and operate the Platform and any AeroCertLink product or service. Where an assignment is not possible, the User grants a free, exclusive, worldwide, irrevocable and transferable licence for the same term and uses.

AeroCertLink has no obligation to use the Feedback. It never names the User publicly, or attributes Feedback to the User, without the User's written consent.

Article 7 — Personal data

AeroCertLink processes the User's personal data in accordance with the Privacy Policy. For the beta, the following also applies:

• Feedback is processed to improve the Platform (performance of these terms);
• proof of acceptance (document and version accepted, date and time, the account's e-mail address, context: sign-up, invitation or re-acceptance) is kept for five (5) years after the end of the Beta, even if the account is deleted, to establish, exercise or defend AeroCertLink's legal rights (legitimate interest);
• no artificial intelligence tool has access to personal data in the production environment.

Article 8 — Term and termination

8.1 These terms apply from their online acceptance and end automatically when the Platform opens to the public, as notified by e-mail. The account is then governed by the Terms of Use and Privacy Policy only.

8.2 The User may stop participating at any time, by closing their account or by e-mail. AeroCertLink may end the Beta, or a User's access, at any time and without compensation, by e-mail.

8.3 AeroCertLink may immediately suspend or withdraw the User's access in case of breach of these terms, or if the sanctions representation in article 4 is or becomes inaccurate.

8.4 Articles 5, 6, 7 (proof of acceptance), 9 and 11 survive the end of the Beta.

Article 9 — Liability

9.1 The Beta is provided "as is", without any warranty of availability, performance or fitness for a particular purpose.

9.2 To the extent permitted by law, AeroCertLink is not liable for indirect damage (loss of data, revenue, business or opportunity) arising from the use of the Beta.

9.3 In case of breach of article 5, AeroCertLink may claim compensation for its full loss and any measure to prevent or stop the breach, including interim relief.

9.4 The limitations in this article do not apply in case of gross negligence or wilful misconduct, personal injury, or any other case where the law prohibits limiting liability.

Article 10 — Written agreement with a company

If the organisation the User acts for has signed a written beta agreement with AeroCertLink, that agreement prevails over these terms, in case of conflict, for the relationship between that organisation and AeroCertLink. These terms continue to apply to the User personally.

Article 11 — General provisions

11.1 Online acceptance and evidence. The User accepts these terms by ticking the box provided at sign-up, when accepting an invitation or, for an existing account, at their next sign-in. This acceptance constitutes an electronic signature within the meaning of articles 1366 and 1367 of the French Civil Code. AeroCertLink records the version accepted, the date and time, and the account's e-mail address; these records are evidence between the parties. These terms can be viewed and printed at any time at /legal/beta.

11.2 New version. AeroCertLink may publish a new version. The User is then asked to accept it at their next sign-in; until they do, they can no longer use the Beta.

11.3 Severability. A void or unenforceable provision is deemed not written, without affecting the others.

11.4 No waiver. Not enforcing a breach is not a waiver of the right to enforce it later.

11.5 No assignment. The User may not assign these terms. AeroCertLink may assign them to any entity taking over all or part of its business.

11.6 Language. These terms are drawn up in French and English. Users residing in Quebec receive the French version first. In case of discrepancy, the French version prevails for Users residing in France or Quebec; in all other cases, the English version prevails.

11.7 Governing law and disputes. These terms are governed by French law. In case of dispute, the parties first seek an amicable solution for thirty (30) days from written notice. Failing that, the dispute is submitted to the competent courts within the jurisdiction of the Lyon Court of Appeal, subject to mandatory jurisdiction rules. A party may always seek interim or protective measures from any competent court.