Terms & Conditions
1. Purpose of the Service
EntreComp Orchard provides competence self-assessments, visualisations, educational tools, and group-based learning features based on the EntreComp framework. The Platform is designed to support personal learning, reflection, and group-based educational or organisational processes.
2. User Account and Obligations
- You must keep your login credentials secure.
- You may choose to provide your real name or a pseudonym instead of your real name, unless your account is created or managed by an educational institution or employer, in which case that organisation may require the use of real names.
- You may not share your account with others or attempt to access another person’s account.
- You agree to use the Platform in accordance with applicable laws and to refrain from any harmful, abusive, or disruptive activities.
3. Group-Based Visibility of Assessment Data
Many features of EntreComp Orchard operate within educational groups, teams, or organisational units. If you join a group, or if an institution assigns you to one, the following applies:
- Your assessment responses, progress indicators, and activity may be visible to authorised group facilitators.
- Depending on the group configuration, some information (such as your latest competence scores, as well as analyses and visualizations based on it) may be visible to other members within your group.
- If an educational institution or employer manages your group membership, that institution acts as the Data Controller for your enrolment and group administration.
4. Optional AI-Based Analysis Feature
The Platform provides an optional “AI Analysis” feature that can generate a personalised analysis based on your latest assessment. This feature is strictly optional and is only activated when you explicitly request it.
- Only non-identifying assessment content (no name, email, pseudonym, user ID, or IP address) is sent to OpenAI (USA).
- OpenAI acts as an independent service provider and may use the transmitted content to improve its services and train its models.
- The feature requires your explicit consent under Articles 6(1)(a) and 49(1)(a) GDPR before any data is transmitted.
- You may withdraw consent at any time simply by choosing not to use this feature.
5. Availability, Changes, and Discontinuation
- The Platform is provided “as is” and “as available,” without warranties of any kind.
- We may modify, update, or remove features at any time without prior notice.
- We do not guarantee uninterrupted availability, error-free operation, or the preservation of data.
- We may suspend or discontinue parts of the Platform for maintenance or other operational reasons.
6. Data Processing and Privacy
Use of the Platform requires the processing of personal data necessary for its core functionality. This processing is carried out under Article 6(1)(b) GDPR (performance of a contract). Optional features such as AI Analysis are based on your explicit consent under Article 6(1)(a) GDPR and Article 49(1)(a) GDPR.
Our full Privacy Notice forms part of these Terms and explains how we collect, store, and process your personal data. The Privacy Notice is available at: staticPage.php?page=privacy.html
7. Intellectual Property
- The software, platform design, code, algorithms, and original materials created for EntreComp Orchard are protected by copyright and may not be copied, modified, reverse-engineered, or redistributed without prior written consent.
- The EntreComp framework (including competence names, descriptors and structure) is the intellectual property of the European Commission and is used under the terms of its published licence. We do not claim any rights over the EntreComp framework.
- You retain all rights to your own assessment inputs, uploaded content, or other personal material you enter into the Platform.
8. User-Generated Content
Certain features allow you to provide additional text or contextual information (for example, when using the optional AI Analysis tool). You are responsible for ensuring that such content is lawful and appropriate.
9. Limitation of Liability
To the maximum extent permitted by law, we limit our liability as follows:
- We are not liable for service interruptions, technical faults, or data loss.
- We do not guarantee the accuracy or completeness of algorithmic outputs, analyses, or visualisations.
- We are not responsible for decisions or actions taken based on Platform content.
Nothing in these Terms limits liability where such limitation is not permitted by applicable law.
10. Termination and Deletion
- You may delete your account at any time. Upon deletion, associated personal data is removed or anonymised, except where legal retention obligations apply.
- We may suspend or terminate your account if you violate these Terms or misuse the Platform.
11. Changes to These Terms
We may update these Terms & Conditions to reflect new features, changes in functionality, or legal requirements. You will be notified of significant changes. Continued use of the Platform after updates constitutes acceptance of the revised Terms.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of Germany. Any legal disputes arising from your use of the Platform shall be subject to the jurisdiction of the courts of Tübingen, Germany.