Terms of Use and General Terms and Conditions of Sale

1. Preamble and legal information

These Terms of Use and General Terms and Conditions of Sale, hereinafter the “Terms”, govern access to and use of the website https://www.stern.tech, hereinafter the “Website”, and all software solutions, platforms and services developed and provided by Stern Tech SAS, hereinafter the “Services”.

Stern Tech SAS is a company incorporated under French law, with its registered office located in La Celle-Saint-Cloud, France, registered under VAT number FR41915259741, hereinafter “Stern Tech”, “we”, “us” or “our”.

Stern Tech designs advanced behavioral-analysis software solutions intended exclusively to support informed human decision-making.
None of the Services replace human judgment, professional expertise or legal responsibility.

The Services are strictly limited to decision-support functionalities and shall under no circumstances be qualified as autonomous decision-making systems, expert systems or systems producing legally binding decisions.

2. Service classification

The Services are classified as follows:

2.1 Online self-service services — SaaS

• Alex — recruitment decision-support software;
• Pegasus — market research and behavioral analytics;
• WiseDriver, Simulator Edition — online SaaS for driving simulators used by driving schools;
• AnnaO — video game: raise your own AI.

2.2 Restricted enterprise and partner services

• Shield — health-data analysis software, accessible exclusively through certified healthcare partnerships;
• WiseDriver, Embedded Automotive Edition — offline embedded software deployed in physical vehicles;
• Aletheia — defense and security applications, subject to restricted access.

Any individual or legal entity accessing the Website or using the Services is referred to as the “User”.

3. Acceptance and electronic proof

By accessing the Website, subscribing to, purchasing, installing or using any of the Services, the User acknowledges having read, understood and accepted these Terms and all contractual annexes without reservation.

Acceptance by electronic means, including checkbox validation, account creation, payment confirmation, software initialization or API usage, constitutes valid and enforceable proof of consent within the meaning of Articles 1127-1 and 1366 of the French Civil Code.

4. Description and specific conditions by product

4.1 Alex — recruitment decision support

Alex is behavioral-analysis software designed to assist recruitment professionals.

Alex performs behavioral profiling within the meaning of Article 4(4) of Regulation (EU) 2016/679, the General Data Protection Regulation, or GDPR.
However, Alex does not perform automated decision-making within the meaning of Article 22 of the GDPR.

The score generated by Alex constitutes only one criterion among others.
Recruiters retain full discretion regarding:

• filtering criteria;
• weighting of indicators;
• interpretation of results;
• final hiring decisions.

Alex is primarily intended for professional users in a B2B context.

In certain cases, individual candidates may directly access or purchase their own analysis results. Where applicable, such users are considered consumers under EU consumer-protection law.

Such access does not constitute a recruitment decision, an employment offer or an assessment of professional aptitude, but solely the provision of informational behavioral insights.

4.2 Pegasus — market research

Pegasus provides probabilistic behavioral insights intended solely to support strategic, marketing or research decisions.

Pegasus does not provide any guarantee of accuracy, performance or business outcomes.
All decisions based on Pegasus outputs remain under the exclusive responsibility of the User.

4.3 Shield — health, restricted access

Shield is accessible exclusively through specific contractual partnerships with authorized healthcare institutions or research organizations.

Shield may process health-related data within the meaning of Article 9 of the GDPR.
Data processed by Stern Tech is pseudonymized, with re-identification keys held exclusively by the healthcare partner.

Unless expressly certified and contractually stated otherwise, Shield:

• does not provide medical diagnoses;
• does not replace healthcare professionals;
• does not constitute a medical device within the meaning of EU medical-device regulations.

4.4 WiseDriver — automotive and driving simulation

WiseDriver exists in two deployment models:

a) Embedded Automotive — offline

WiseDriver may be embedded in physical vehicles and operate entirely offline.
In this configuration, no data transmission to Stern Tech occurs unless expressly agreed by contract.

b) Driving Simulators — online SaaS

WiseDriver is available as an online SaaS solution for driving simulators operated by driving schools.
This version may be purchased by credit card or bank transfer.

WiseDriver may process biometric and behavioral data solely for monitoring, evaluation and training purposes.

WiseDriver is not an autonomous driving system and does not replace human control.
Drivers, instructors and operators remain solely responsible for compliance with road-safety laws.

4.5 Aletheia — defense

Access to Aletheia is strictly restricted and subject to applicable defense, national-security, export-control and confidentiality regulations.

Users represent and warrant that they comply with all applicable export-control laws, sanctions regulations and defense-related restrictions.

Specific contractual frameworks shall prevail over these Terms.

5. Financial terms — Alex, Pegasus, WiseDriver and AnnaO SaaS only

5.1 Ordering and payment

Payments may be made by credit card through secure third-party processors such as Stripe, or by bank transfer.

The contract is concluded upon confirmation of payment.
Stern Tech reserves the right to refuse an order for legitimate reasons, including fraud, unresolved disputes or regulatory constraints.

5.2 Subscriptions and renewal

Subscriptions automatically renew unless terminated before the renewal date through the User’s account interface.

5.3 Right of withdrawal

• B2B Users: no statutory right of withdrawal applies to digital services supplied immediately.
• Consumers: a 14-day withdrawal right may apply unless expressly waived for immediate performance.

6. Data protection — GDPR

6.1 Roles

The Client acts as Data Controller.
Stern Tech acts as Data Processor within the meaning of Article 28 of the GDPR, except where Stern Tech determines the purposes and means of processing for its own activities.

6.2 Lawful use

The User warrants that all data has been lawfully collected and that all required information notices, authorizations and consents have been obtained where applicable.

6.3 Hosting and subprocessors

The Services are hosted exclusively within the European Union on Microsoft Azure, acting as an authorized subprocessor.
No data is transferred outside the European Union unless legally permitted and subject to appropriate safeguards.

6.4 Security and DPIAs

Stern Tech implements appropriate technical and organizational measures.
Data Protection Impact Assessments, or DPIAs, are conducted where legally required, notably for Shield and biometric processing.

7. EU Artificial Intelligence Act

Certain Services, including Alex and WiseDriver, may qualify as high-risk AI systems under Regulation (EU) 2024/1689, the EU Artificial Intelligence Act.

Stern Tech implements:

• human oversight mechanisms;
• risk-management procedures;
• data-governance controls;
• technical documentation and traceability.

All AI outputs are probabilistic and informational.
Final decisions remain under human responsibility.

The Client acts as the “deployer” within the meaning of the EU Artificial Intelligence Act and remains solely responsible for ensuring that its use of the Services complies with applicable laws, including labor law, anti-discrimination law and information obligations towards individuals.

8. Intellectual property

All intellectual property rights relating to the Website, Services, software, algorithms, models, documentation, visual elements, trademarks and know-how remain the exclusive property of Stern Tech or its licensors.

Users are granted a limited, non-exclusive, non-transferable and revocable license for internal professional use only, strictly within the limits of the subscribed Services.

9. Limitation of liability

Stern Tech is bound by an obligation of means.

To the fullest extent permitted by law:

• Stern Tech’s liability is limited to direct damages;
• Stern Tech’s liability is capped at the amounts paid by the User during the twelve (12) months preceding the claim;
• indirect damages, including loss of revenue, loss of opportunity, loss of data, reputational harm and consequential damages, are excluded.

Stern Tech shall not be liable for employment decisions, medical outcomes, driving incidents, operational losses or strategic business choices made on the basis of the Services.

Nothing in these Terms limits liability for death, personal injury, fraud or any mandatory statutory liability that cannot be excluded under applicable law.

10. Contractual annexes and hierarchy

The following annexes form an integral and binding part of these Terms:

• Annex 1 — Data Processing Agreement, GDPR Article 28;
• Annex 2 — EU Artificial Intelligence Act, High-Risk AI Systems Annex;
• Annex 3 — Privacy Notice for Candidates and Individual Users, Alex.

By accepting these Terms, the User expressly acknowledges having read and accepted all annexes without reservation.

In the event of conflict between these Terms and any specific agreement, order form or restricted-access contractual framework, the latter shall prevail.

11. Governing law and jurisdiction

These Terms are governed by French law.

Any dispute shall fall under the exclusive jurisdiction of the competent courts of Versailles, France, unless mandatory law provides otherwise.

12. Contact

For legal, regulatory or data-protection inquiries:
dpo@stern.technology

Data Processing Agreement

1. Purpose

This Data Processing Agreement, or “DPA”, forms an integral part of the Terms of Use and governs the processing of personal data by Stern Tech SAS, acting as Processor, on behalf of the Client, acting as Controller, in accordance with Regulation (EU) 2016/679, the GDPR.

2. Roles of the parties

The Client acts as Data Controller.
Stern Tech acts as Data Processor, processing personal data solely on documented instructions from the Client, unless required to do so by Union or Member State law.

3. Nature and purpose of processing

Stern Tech processes personal data exclusively for the purpose of providing the Services, including but not limited to:

• behavioral analysis and profiling for decision-support purposes;
• monitoring, evaluation and training through WiseDriver;
• health-related data analysis through Shield, where applicable.

Processing activities are limited to what is strictly necessary to perform the Services.

4. Categories of data subjects

Depending on the Services used, data subjects may include:

• job candidates;
• employees, contractors or collaborators;
• market-research participants;
• drivers, trainees or simulator users;
• patients or research subjects, in connection with Shield.

5. Categories of personal data

Depending on the Services, processed data may include:

• identification data;
• professional and organizational data;
• behavioral and interaction data;
• biometric data, in connection with WiseDriver where applicable;
• health-related data within the meaning of Article 9 of the GDPR, in connection with Shield where applicable.

6. Processor obligations

Stern Tech undertakes to:

• process personal data only on documented instructions from the Client;
• ensure that authorized personnel are subject to confidentiality obligations;
• implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk;
• assist the Client, to the extent reasonably possible and taking into account the nature of the processing, in fulfilling obligations relating to data-subject rights;
• notify the Client without undue delay after becoming aware of a personal-data breach;
• at the choice of the Client, delete or return all personal data upon termination of the Services, unless retention is required by applicable law.

Assistance provided by Stern Tech shall be limited to information reasonably available to it and shall not include legal advice.

7. Subprocessors

The Client authorizes Stern Tech to engage subprocessors, including:

• Microsoft Azure, EU — hosting infrastructure.

Stern Tech ensures that subprocessors provide sufficient guarantees to implement appropriate technical and organizational measures in accordance with Article 28 of the GDPR.

8. Data transfers

No personal data is transferred outside the European Union unless legally permitted and subject to appropriate safeguards.

9. Audits

The Client may request reasonable information necessary to demonstrate compliance with this DPA.
On-site audits shall be subject to prior notice, reasonable frequency and confidentiality obligations.

High-risk AI systems annex

1. Regulatory qualification

Certain Services provided by Stern Tech, including Alex and WiseDriver, may qualify as high-risk AI systems within the meaning of Regulation (EU) 2024/1689, the EU Artificial Intelligence Act, notably in the areas of:

• recruitment and employment;
• driver monitoring, training and safety.

Stern Tech acts as the provider of such AI systems within the meaning of the Regulation.

2. Intended purpose

The Services are designed exclusively as decision-support systems.
They do not perform autonomous decision-making, produce legally binding decisions or replace human judgment.

3. Human oversight

Stern Tech ensures that:

• AI outputs are interpretable and reviewable by human users;
• users retain the ability to override, disregard or contextualize outputs;
• final decisions are always made by humans.

Human oversight remains mandatory throughout the use of the Services.

4. Risk management and bias mitigation

Stern Tech implements:

• risk-identification and mitigation processes;
• dataset-governance and quality-control procedures;
• continuous monitoring of system performance.

Despite these measures, the Client acknowledges that no AI system can guarantee the complete absence of bias, error or misinterpretation.
AI outputs must always be assessed in light of their context, limitations and intended purpose.

5. Transparency obligations

Users are informed that:

• the Services rely on probabilistic models;
• outputs are informational and non-deterministic;
• specific limitations and intended use cases apply.

6. Client obligations

The Client acts as the deployer within the meaning of the EU Artificial Intelligence Act and undertakes to:

• use the Services strictly in accordance with their intended purpose;
• ensure appropriate training of human operators;
• comply with applicable transparency, information, labor-law and anti-discrimination obligations towards individuals;
• assess the relevance, fairness and legality of AI outputs in its specific operational context.

Privacy Notice

1. Who we are

This privacy notice applies to individuals using Alex, provided by Stern Tech SAS, acting as Data Processor where the service is used by a recruiting organization.

The recruiting organization using Alex acts as Data Controller.

2. Purpose of processing

Alex processes personal and behavioral data for the purpose of:

• providing recruitment decision-support insights;
• generating behavioral-analysis scores and reports.

3. Legal basis

Processing is based on one or more of the following legal bases, depending on the context:

• the legitimate interest of the recruiting organization in assessing candidates;
• the performance of a recruitment process;
• where applicable, the individual’s consent.

No automated decision-making producing legal or similarly significant effects is carried out.

4. Profiling

Alex performs behavioral profiling within the meaning of Article 4(4) of the GDPR.

No automated decision-making within the meaning of Article 22 of the GDPR is performed.

5. Categories of data

Processed data may include:

• identification data;
• professional-background information;
• behavioral and interaction data.

6. Data recipients

Data is accessible only to:

• the recruiting organization;
• authorized Stern Tech personnel;
• hosting and technical service providers located within the European Union.

7. Data retention

Personal data is retained for the duration defined by the recruiting organization, in accordance with applicable laws and regulatory guidance.
Retention periods shall not exceed what is necessary for the purposes of the recruitment process.

8. Your rights

You have the right to:

• access your personal data;
• rectify inaccurate data;
• object to certain processing activities;
• request erasure or restriction of processing;
• lodge a complaint with a competent supervisory authority.

Requests should be addressed to the recruiting organization or, where applicable, to:
dpo@stern.technology