Terms of sale and use

WTE Simulator is training software for operating an energy-from-waste plant. It is sold to companies and training organisations, as named accounts, to train people in plant operation.

These terms govern that sale and that use. They apply to any order, unless otherwise agreed in writing and signed by the publisher. The Simulator is intended for professionals and is not sold to consumers.

1. Definitions

• Publisher: UVE-SIMULATEUR, sole publisher, [publisher address to be filled in], [email protected].
• Customer: the company or organisation that subscribes to the accounts and assigns them to its staff or trainees.
• User: the individual to whom a named account is assigned.
• Simulator: the online application, its simulation engine, its interface, its diagrams, its training content and its documentation.
• Account: the right to use the Simulator, tied to a single email address.

2. Purpose

The Publisher grants the Customer a right to use the Simulator, for the duration and number of accounts agreed in the quote. No ownership right is transferred.

3. Orders

The Simulator is sold by quotation. The quote states the number of accounts, the duration, the price and, where applicable, the associated services: setup, support, customisation.

The contract is formed when the Customer accepts the quote in writing. That acceptance constitutes acceptance of these terms.

4. Price and payment

Prices are stated in the quote and are exclusive of tax. Payment is due thirty days from the invoice date, by bank transfer.

Late payment carries interest at the increased statutory rate, plus the fixed recovery indemnity provided by the applicable law. After a formal notice left unanswered for fifteen days, the Publisher may suspend the accounts.

5. Term and termination

The term is that of the quote and starts when the accounts are opened. Renewal is not automatic: it requires a new quote.

Either party may terminate for the other's material breach, uncured within thirty days of a written formal notice. The Publisher may suspend an account without notice in the event of use contrary to article 6, for the time needed to establish the facts; it informs the Customer without delay.

At expiry, accounts are closed. Training data is kept and then erased in accordance with article 10.

6. What the account allows, and what it forbids

This is the central article. The Simulator represents several years of work and its code is where most of its value lies.

6.1 Allowed

The User may use the Simulator to learn, practise and be assessed, from any workstation, in the course of their work for the Customer. The Customer may reassign a freed account to another member of staff, notifying the Publisher.

6.2 Forbidden

Accounts are personal. Sharing an account between several people is forbidden, including within the Customer's own organisation. One account, one person.

The following are also forbidden:

• copying, reproducing or recording all or part of the Simulator, its code, its interface or its content, by any means, including automated capture;
• decompiling, disassembling, reverse-engineering the code, or attempting to reach the simulation engine other than through the intended interface;
• circumventing, disabling or probing the authentication, protection or traceability mechanisms;
• making the Simulator available to a third party, sublicensing, renting or reselling it, or using it for training billed to a third party, without written agreement;
• using the Simulator, its diagrams or its data to design a competing product.

6.3 Traceability

Each page served technically carries the identity of the account that requested it, and sign-ins are logged. These mechanisms exist to establish the origin of any unauthorised distribution. The Customer informs its Users of this. The Publisher derives no profiling from them and uses them for no other purpose.

7. Intellectual property

The Simulator, its code, its interface, its diagrams, its training content and its documentation belong to the Publisher and are protected by copyright. The Customer receives only a right of use: personal, non-exclusive and non-transferable, limited to the term and scope of the quote.

The Publisher's trade marks, names and logos may not be used without its written agreement.

8. The Customer's obligations

• designate the Users and give the Publisher their email addresses;
• ensure its Users comply with article 6; it is answerable for their acts as for its own;
• report without delay any loss of control of an account, any sharing observed and any User's departure;
• provide its Users with a workstation and a connection able to run the Simulator.

9. What the Simulator is, and what it is not

This article matters as much as article 6.

The Simulator is a teaching tool. It reproduces the behaviour of an energy-from-waste plant in simplified form, for learning purposes. It reproduces no particular real plant, and its values, thresholds and sequences do not constitute operating instructions.

It replaces neither a real plant's operating procedures, nor its manufacturer documentation, nor its safety systems, nor the training given by its operator, nor personnel authorisation.

No operating, tuning or safety decision on a real plant may be taken on the strength of the Simulator. The Customer brings this to its Users' attention.

10. Personal data

10.1 Roles

For its Users' data processed in the Simulator, the Customer is the controller. The Publisher acts as processor within the meaning of article 28 of Regulation (EU) 2016/679. This article constitutes the agreement governing that processing.

10.2 What is processed

• Subject matter: giving access to the Simulator and keeping training results and the alarm journal of sessions.
• Nature of operations: collection, recording, consultation, storage, erasure.
• Purposes: authenticating access, letting the User find their past sessions, letting the trainer designated by the Customer follow their group.
• Data subjects: the Users designated by the Customer.
• Data: work email address, sign-in timestamps, scenario played, outcome, score, duration, language and course of the session. To this is added a usage log: sign-in dates, account address, and for each message sent to the tutor or the copilot its language and its length, never its content.
• No special category data within the meaning of article 9 is processed; the Customer undertakes not to have any entered.

10.3 The Publisher's undertakings

The Publisher processes this data only on the Customer's instructions, as set out in these terms and in the quote. It guarantees confidentiality, discloses it to no third party other than the sub-processors listed in article 10.5, and uses it neither on its own account, nor to train a model, nor for commercial purposes. No data is sold or transferred.

It assists the Customer, so far as possible, in answering data subject requests and, where applicable, in notifying a breach; it informs the Customer of any breach as soon as possible after becoming aware of it. It makes available the information needed to demonstrate compliance with this article.

10.4 Retention

Training results and the alarm journal of sessions are kept for three years from the session, then erased automatically by the Simulator. The usage log is kept for twelve months in the Publisher's monitoring tool. At the end of the contract, the Customer may request the return or early erasure of its Users' data.

10.5 Sub-processors

The Customer authorises the Publisher to use Cloudflare, Inc. for hosting, security and authentication, n8n for routing the usage log, Google for storing that log, and Anthropic for the artificial intelligence model behind the tutor and the copilot. The Publisher informs the Customer of any change, and the Customer may object on legitimate grounds. Some operations may take place outside the European Union; they are covered by the mechanisms provided in chapter V of the Regulation.

10.6 Informing Users

The Customer informs its Users of the processing. A notice written for them is available from the Simulator's help and may be reused by the Customer.

11. Security

Access to the Simulator is protected by authentication managed by Cloudflare Access, whose token validity is verified on every request. Traffic is encrypted. Accounts are personal and revocable at any time. The Publisher opens no account outside the addresses supplied by the Customer.

12. Availability

The Publisher uses its best efforts to keep the Simulator available, without guaranteeing uninterrupted availability. It may interrupt it for maintenance and gives the Customer advance notice of planned interruptions. Interruptions attributable to the network, the host, or the Customer's workstation or connection are not attributable to the Publisher.

13. Liability

The Publisher is liable for direct damage caused by a breach of its obligations. Its total liability, on any grounds whatsoever, is capped at the sums actually paid by the Customer for the twelve months preceding the triggering event.

Indirect damage is excluded, in particular loss of business, loss of production, loss of the Customer's data, commercial harm and reputational harm. Given article 9, the Publisher is in no case liable for the consequences of a decision taken on a real plant.

These limitations do not apply in the event of gross negligence or wilful misconduct, nor where the law sets them aside.

14. Confidentiality

Each party keeps confidential the other's information to which it gains access, during the contract and for three years afterwards. The Customer undertakes to disclose no technical information about the Simulator's internal workings.

15. Force majeure

Neither party is liable for a failure caused by an event of force majeure. Performance is suspended for the duration of the event. If it lasts more than sixty days, either party may terminate without compensation.

16. Changes

The Publisher may amend these terms. The applicable version is the one in force when the quote was accepted. An amendment applies to an ongoing contract only with the Customer's written agreement.

17. Miscellaneous

• The invalidity of one clause does not affect the others.
• The Customer may not assign the contract without the Publisher's written agreement.
• Failure to rely on a clause does not amount to a waiver.

18. Governing law and disputes

These terms are governed by [governing law to be filled in] law. The parties first seek an amicable solution; failing agreement within thirty days, the dispute falls to the courts of [competent court to be filled in].