GENERAL CONDITIONS - IntrepidKnowledge

Article 1 - Description of the service

IntrepidKnowledge is a digital training and collaboration platform designed by WorkStreams. It is understood as a service accessible via the internet from a browser. The digital training and collaboration platform IntrepidKnowledge provides training actors with a digital environment that allows them to design and distribute digital educational content. WorkStreams hosts all content and data produced or deposited by the public user on its own servers in Switzerland; this data is and remains the intellectual property of the individuals who produced or deposited it. All WorkStreams servers, whether physical machines or in the public cloud, are hosted in the Geneva area, in a datacenter that incorporates biometric access control only: facial recognition, fingerprints, and vein pattern analysis.

Article 2 - Content and use

The use of the IntrepidKnowledge platform is governed by the Federal Law on Copyright and Related Rights (231.1). It is subject to licensing conditions that grant the client only usage rights of the digital platform. Consequently, the study, dissemination, copying, modification, and/or reuse of all or part of the source code and user interface are excluded. Specific developments (or ad hoc) of the IntrepidKnowledge platform requested and/or funded by the client are an integral part of the IntrepidKnowledge platform and therefore remain the property of WorkStreams. Their use is, therefore, subject to and governed by all the general conditions governing the use of the said platform. An exclusivity clause may, however, be negotiated between the client and WorkStreams. This clause delineates a specific area of activity that targets the client's competing companies. Hosting data related to P2P networks or providing links to P2P content is prohibited. Pornographic content, content prohibited for minors, hate or defamatory content, storage of pirated software and/or illegal content is prohibited.

Article 3 - Billing

The billing modalities and deadlines are governed by the clauses in the service offer or, in the case of a contract established with the client, by the clauses related to the contract. In the absence of full payment of the renewal price set in the rates, WorkStreams will not be able to proceed with the renewal requested by the client. WorkStreams will stop the service 45 days after the anniversary date of the contract. The client will receive a registered letter with acknowledgment of receipt to inform them of the service stop due to non-payment. Upon termination of the contract, the provision of services will cease immediately and the client agrees to:

• • settle all unpaid amounts for the duration subscribed
• • proceed within 48 hours to remove the content deposited on the digital platform.

If the content is not removed within this time frame, WorkStreams reserves the right to proceed, at the client's expense, to remove the unrecovered content. The client may then, subject to full payment, retrieve their content from WorkStreams. WorkStreams reserves the right to ask the client to pay a deposit covering the client's consumption, as soon as WorkStreams deems it necessary given the client's use of the service.

Article 4 - Obligations and responsibilities of WorkStreams

WorkStreams commits to:

• • Provide the client with its hardware and software infrastructure allowing for redundant storage and high service availability.
• • Offer technical support by email and phone, on business days, within the limits of its competencies.
• • Intervene as quickly as possible in the event of an incident not resulting from improper use of the service by the client.
• • Provide maintenance and automatic update services for the digital platform.
• • Ensure the sustainability of the service through on-site hosting or by transferring the source code to the client following a cessation of activity by WorkStreams.

WorkStreams' responsibility cannot be invoked in the case of:

• • Fault, negligence, omission, or failure on the part of the client or non-compliance with the advice given.
• • Fault, negligence, or omission of a third party over which WorkStreams has no control.
• • Force majeure, event, or incident beyond the control of WorkStreams, such as fire, explosion, network failures, collapse of facilities, epidemic, earthquake, flood, power failure, war, embargo, law, injunction, request or requirement of any government, strike, boycott, withdrawal of authorization from the telecommunications operator, or any circumstance beyond the reasonable control of WorkStreams.
• • Service interruption for any causes referred to in Article 5 of the General Conditions.
• • Improper use of the service by the client or by its clientele.
• • Partial or total destruction of information transmitted or stored as a result of errors directly or indirectly attributable to the client.
• • Total or partial non-compliance with an obligation and/or failure of the operators of transport networks to the Internet and particularly of access providers.

WorkStreams reserves the right to interrupt its services to the client:

• • In order to carry out a technical intervention that allows for the improvement of the operation of the digital platform.
• • If the client's service poses a danger to the maintenance of the security of WorkStreams' hardware and software infrastructure, such as server hacking, detection of a security flaw in the system, abnormal use of resources, etc.

In the event of service interruption, WorkStreams will inform the client, within a reasonable time and as far as possible, of the nature and duration of the intervention, so that the client can take their precautions.

Article 5 - Client obligations and responsibilities

The client commits to:

• • Not sending unsolicited commercial emails (SPAM)
• • Ensuring the administration of the digital platform is managed
• • Taking responsibility for the content deposited and created on the digital platform and reporting any anomalies as soon as possible to allow for the removal of content mentioned in Article 2.

Article 6 - Service Level Agreement (SLA)

WorkStreams commits to ensuring access to and use of the IntrepidKnowledge digital platform via the Internet 24/7, every day of the year. The availability rate of the digital platform provided to the client must be greater than 99.5% per year, including maintenance. The maximum downtime of the production environment shall not exceed 48 hours for each incident that occurs. WorkStreams will be responsible for restoring the service. The client will be immediately notified of any failure. WorkStreams guarantees the full availability of responsible personnel from 9:00 am to 6:00 pm, Monday to Friday, in order to maintain a complete service for the client. The public user can contact WorkStreams by email at contact@workstreams.ch and by phone at +41 22 301 20 14. Complaints regarding any outstanding points made by the client must be submitted to the designated contact person at WorkStreams. WorkStreams guarantees accessibility to the contact person (or duly informed substitute). Unless in cases of force majeure, the client reserves the right to impose penalties up to the annual contract amount in the event of service disruptions due to negligence on the part of WorkStreams.

Article 7 - Commission on integrated sales

If the contract involves integrated sales on the IntrepidKnowledge digital platform, an agreement will be negotiated with the client to establish the amount of commission that the client agrees to pay to WorkStreams for each sale made. This commission corresponds to a percentage of the price of each sale. It may vary based on the nature of the products sold. WorkStreams reserves the right to adjust the commission charged on sales based on the client's actual sales. This adjustment may not exceed a variation of 5% each year (negative or positive). It will be communicated to the client 3 months prior to its implementation and will be subject to negotiation. Its implementation must be preceded by a mutual agreement.

Article 8 - Confidentiality

WorkStreams and the client are bound to confidentiality towards each other. They exercise the duty of non-disclosure of information held confidentially for WorkStreams and the client, as well as their non-use whether during the term of this contract or after its termination, unless WorkStreams or the client requests it in relation to the execution of this contract, or the law requires it. In particular, but without prejudice to the generality of the above, WorkStreams and the client keep confidential all information, all intellectual property objects, and all know-how that have been disclosed or brought to the attention of WorkStreams and the client during the term of the Contract or that WorkStreams develops or assists in developing as part of the services related to the client's digital instance.

WorkStreams and the client undertake the following commitments:

• • Ensure that no publication related to the digital instance will occur without the prior written consent of WorkStreams or the client.
• • Refrain from disclosing to third parties, without the express written consent of WorkStreams or the client, the results of the work carried out as part of the digital service.

WorkStreams and the client agree to immediately notify the appropriate contact persons within WorkStreams or within the relevant sector of the client if they become aware of any disclosure in violation of this clause. At the request of WorkStreams or the client, necessary measures will be implemented to remedy this disclosure and prevent further occurrences.

Article 9 - Data protection

In accordance with Federal Law 235.1 and Ordinance 253.11, WorkStreams is committed to protecting personal data. An annex document describes the technical and organizational measures taken by the designated person responsible within WorkStreams for the processing of personal data collected in the context of the service provided to the client. This document provides:

• • a definition of the terms 'personal data' and its processing
• • the legal basis for data processing, the purpose of data processing for WS
• • the rights and access to personal data by the public user
• • the location of WorkStreams servers
• • data security
• • the privacy policy and the type of data collected
• • the cookie policy. This document is available to the client.

This document is available to the client. It is also available by following this link: Data protection policy.

Article 10 - Code of ethics

The code of ethics of WorkStreams encompasses the principles, rules of conduct, and fundamental values that the client must adhere to. The client will strictly observe and respect the code of ethics of WorkStreams, which includes a zero-tolerance policy towards any form of harassment, discrimination, or intimidation, or inequality of any kind in all circumstances. The code of ethics is an integral part of the agreement.

Article 11 - Duration of the contract and termination

The duration of the contract is one year. The contract is automatically renewable from year to year, upon signature of the contract or from the effective date of the contract, if mentioned. The notice period for terminating the contract is 6 months before the next due date.

Article 12 - Amendments to the contract

Amendments to a contract are only valid if they are made in writing. If one or more provisions of the contract are found to be null or invalid, the validity of the other provisions of the contract will not be affected and those other provisions will continue to bind WorkStreams and the client. Provisions deemed null or invalid will be replaced by valid provisions that best match the intent of WorkStreams and the client at the time they were agreed upon. The contract and the annexes related to the specific and general conditions, as they may be amended from time to time, constitute the entirety of the agreement between WorkStreams and the client regarding its subject matter.

Article 13 - Jurisdiction and applicable law

The contract is subject to and governed by Swiss law and must be interpreted in accordance with Swiss law. In case of difficulties in the interpretation or execution of this contract, the parties will strive to resolve their dispute amicably. In the event of a persistent disagreement, the courts of the Canton of Geneva will be the only competent authorities; recourse to the Federal Court being reserved.