User terms and conditions

For the purposes of these Terms:

• CNPD. The Luxembourg National Commission for Data Protection, the competent supervisory authority for data protection.
• GDPR. Regulation (EU) 2016/679, the General Data Protection Regulation, which governs the protection of personal data within the European Union.
• Personal Data. Any information relating to an identified or identifiable natural person, collected through the Platform.
• Third-Party Output. Any results, data, or content generated through Third-Party Services (for example, AI tools).
• Third-Party Services. External software, products, or services integrated into or used by the Platform.
• Content. All text, data, exercises, training material, design, and other elements made available on the Platform.
• Certificate. The digital recognition issued by KNOWBORDER upon completion of training activities, explicitly not a diploma and without official academic or professional recognition.
• Session. A temporary workspace created for a User to access and complete a specific learning activity, block, or certificate within the Services.
• Services. All training activities, exercises, certificates, feedback, features, and related functionalities provided through the Platform.
• Platform or KNOWBORDER. The website knowborder.com and services operated by DALEMBR SARL-S.
• Company. DALEMBR SARL-S.
• User(s). Any natural person who accesses and uses the Services.

Publisher. The Platform is published by DALEMBR SARL-S, a simplified limited liability company (SARL-S) incorporated under the laws of Luxembourg, with a share capital of 1000 €. Contact: contact@knowborder.com

Website hosting. The Platform is hosted by Vercel Inc., 440 N Barranca Ave #4133, Covina, CA 91723, United States (privacy@vercel.com). Database services are provided by Supabase Inc., 651 N Broad St, Suite 206, Middletown, DE 19709, United States (privacy@supabase.com).

The Services are accessible online at knowborder.com.

Eligibility. The Platform is intended for individuals aged 18 or older. If a User is under 18, they may use the Services only with the consent and under the supervision of their parent or legal guardian, who must accept these Terms.

Session creation. To access the training blocks, every User must create a session and provide their first name, last name, and email address. The creation of a session requires the User to expressly accept these Terms by ticking a checkbox labeled: "I accept the User Terms and Conditions of the service." This acceptance is mandatory to access the Services.

Users agree to use the Services only for lawful purposes and in compliance with these Terms.

Accuracy. Users must ensure that any personal information they provide is accurate and must keep confidential any access details that allow them to use a session.

Misuse. Users shall refrain from misusing the Services in any way, including but not limited to attempts to disrupt the Platform, reverse engineer its systems, or otherwise exploit it.

The Company reserves the right to suspend or terminate access if these Terms are breached, if required by law, or if continued use could create risks to the Platform, its Services, or other Users.

The Platform is provided "as is" without warranty.

Availability. While the Company makes reasonable efforts to ensure that the Services are reliable and available, it cannot guarantee uninterrupted access or the absence of technical errors. The Company is not liable for any damages resulting from service outages, technical malfunctions, or from reliance on external content accessed through hyperlinks.

Certificates. Certificates and feedback generated through the Platform are intended for informational and educational purposes only. They are not diplomas or licenses and do not guarantee outcomes such as employment, promotion, or professional recognition.

Limitations of educational use. The Platform does not perform functions such as determining or influencing access, admission, or assignment to educational institutions or programs, materially affecting learning outcomes, or monitoring prohibited behavior during examinations, and therefore does not fall within the category of "high-risk" AI systems in the field of education under the EU Artificial Intelligence Act.

Accuracy. KNOWBORDER attaches great importance to the quality and reliability of its educational content. Our teams and technological partners use reasonable efforts to maximize the accuracy and usefulness of the information delivered. Nevertheless, given the evolving nature of technology and the use of automated systems, including artificial intelligence, the Company disclaims any responsibility for the accuracy, completeness, or reliability of the content and shall not be held liable for any consequence arising from decisions or actions taken on the basis of such content.

Limitation of liability. To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, nor for loss of profits, revenues, data, or goodwill, arising out of or in connection with the Services or these Terms.

The Services comply with the General Data Protection Regulation (GDPR) and applicable Luxembourg data protection laws.

Data controller. The data controller is Edouard CHABROL, Chief Data Officer, who can be contacted at contact@knowborder.com

Data collected. Personal data collected includes the User's first name, last name, email address, and session-related information such as progress, results, and certificates. This data is processed for the performance of the contract (management of learning sessions), the Company's legitimate interests (technical maintenance, service improvement, security, and fraud prevention), or on the basis of the User's consent (for non-essential features such as certain cookies or optional services). No personal data will be used for advertising or commercial prospecting without explicit consent.

Data storage. All personal data is stored exclusively on servers located within the European Union. The Company does not transfer personal data outside the EU/EEA.

Retention period. Personal data is retained for the duration of the learning session. Once a session is completed, the data may be archived for a maximum period of five (5) years in order to comply with legal obligations, respond to potential disputes, or demonstrate compliance with applicable regulations. After this period, the data is deleted or irreversibly anonymized. Aggregated data that no longer allows the identification of Users may be retained without limitation for statistical, research, and service improvement purposes.

Use of automated systems. Parts of the Platform use automated systems, including artificial intelligence, to generate feedback, scores, and learning recommendations. Such processing does not produce legal effects concerning the User nor similarly significantly affect them within the meaning of Article 22 GDPR.

User rights. In accordance with GDPR, Users have the right to access, rectify, erase, or restrict the processing of their personal data, as well as the right to object to its processing or withdraw consent at any time. Requests may be addressed to contact@knowborder.com

Complaints. Users located in the European Union or European Economic Area may lodge a complaint with the Commission Nationale pour la Protection des Données (CNPD) in Luxembourg, or with the data protection authority of their place of residence.

The Platform uses cookies in order to function properly and improve the User experience.

Essential cookies. These cookies are necessary for the proper functioning of the Platform (for example, to enable navigation between different pages or sections). They are placed automatically and do not require your consent.

Non-essential cookies. Analytics or personalization cookies are used only with your prior consent. When you first access the Platform, you will be asked to set your preferences through a cookie banner. You may withdraw your consent or change your preferences at any time.

All elements of the Platform (including logos, design, text, training materials, and software) are protected by intellectual property rights. Users may not copy, distribute, or reuse any content without prior written authorization.

Some parts of the Services may rely on or include third-party software, products, or services ("Third-Party Services"), as well as outputs generated by those services ("Third-Party Output").

Third-Party Services and Third-Party Output are subject to their own terms and conditions. The Company is not responsible for the functioning, accuracy, or reliability of Third-Party Services or Third-Party Output, nor for any damages arising from their use. Users are responsible for reviewing and complying with the applicable terms of these third-party providers.

In particular, the Platform currently uses the following Third-Party Services:

• Google Gemini, for artificial intelligence functionalities. Users can consult Google's Gemini API terms of service at https://ai.google.dev/gemini-api/terms
• LandingAI, for document and visual analysis functionalities. Users can consult LandingAI's terms of service at https://landing.ai/terms-of-service
• Microsoft Azure Speech Services, for speech recognition and synthesis functionalities. Users can consult Microsoft's Azure legal terms at https://azure.microsoft.com/en-us/support/legal

Use of the Platform is subject to acceptance of these Terms. By creating a session, the User expressly acknowledges that they have read, understood, and agreed to be bound by these Terms by ticking the checkbox.

These Terms are opposable to all Users from the moment of their acceptance.

If any provision of these Terms is declared invalid, illegal, or unenforceable by a competent authority, the remaining provisions shall remain valid and enforceable in full force.

The Company reserves the right to suspend or discontinue part or all of its Services at any time, with reasonable prior notice where possible.

The Company may update these Terms to reflect changes to its Services or legal obligations. Users will be informed of updates to the Terms. Continued use of the Services after the publication of revised Terms constitutes acceptance of those Terms. If a User does not accept the revised Terms, they are required to cease using the Services.

In the event of a dispute, Users are encouraged to first contact the Company in order to resolve the matter amicably. Users may share their concerns by reaching out at contact@knowborder.com

If a dispute cannot be resolved informally, EU/EEA consumers have the right to access the European Commission's Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr

In addition, Luxembourg consumers may submit their complaint to the Médiateur de la consommation, 271 rue du Faubourg, L-1551 Luxembourg, www.mediateurconsommation.lu, contact@knowborder.com for an out-of-court settlement of disputes.

This does not affect the right of either party to bring proceedings before the competent courts as provided in these Terms.

Applicable law. These Terms and any dispute related thereto shall be governed and interpreted in accordance with the laws of Luxembourg.

If the User is an EU consumer, they may also benefit from mandatory protections under the law of their country of residence; nothing in these Terms restricts their rights to rely on such provisions.

Jurisdiction. The courts of Luxembourg shall have jurisdiction over all disputes arising from or in connection with these Terms and the use of the Platform. However, if the User is a consumer habitually resident in the EU, they may also bring proceedings before the courts of their country of residence and may benefit from mandatory protections under those laws.