These terms of sale and use (the "Terms") apply to The Climb, published by The Tech Nation S.L., a private limited company under Spanish law, tax ID (NIF) B19412451, Passeig de Gràcia 2, 08007 Barcelona, España, registered with the Registro Mercantil de Barcelona ("The Tech Nation"). Contact: jeremie@the-tech-nation.com. Other legal information is in the legal notice.
1. Purpose and scope
1.1. The Climb is an online platform (SaaS) that trains teams in artificial intelligence, available at https://the-climb.the-tech-nation.com (the "Service"). The Service includes in particular: a self-assessment questionnaire, learning paths made of short steps that each person completes in the artificial intelligence tool they already use, progress tracking, dashboards for administrators and the HR function, verifiable certificates and, as an option, a live webinar.
1.2. The Service is reserved for professionals acting in the course of their business (companies, associations, public bodies, entrepreneurs). It is not offered to consumers. By placing an order, the customer (the "Customer") declares that it acts for professional purposes and that the person ordering has the authority to bind the entity they represent. Consumer protection rules therefore do not apply.
1.3. The Terms prevail over any document of the Customer (purchasing terms, purchase order), unless agreed in writing and signed by The Tech Nation. A purchase order of the Customer may be referenced on the invoice without its terms applying.
1.4. The Terms are available at any time on this page and can be saved and printed. The Tech Nation keeps the version in force on the date of each order.
2. Definitions
- Organisation: the Customer's space in the Service.
- Seat: an active named user account in the Organisation, whatever its role. An administrator takes up a Seat. A Seat cannot be shared between several people. It can be reassigned to another person after someone leaves.
- Team member: any individual to whom the Customer gives access to the Service (employee, intern, contractor).
- Administrator: a Team member who manages the Organisation, invitations and the subscription.
- People manager: a Team member to whom the Customer gives access to team tracking.
- Sherpa: a Team member appointed by the Customer to support their colleagues.
- Learning content: paths, modules, exercises, questionnaires, texts, illustrations, videos, scoring rules, visual world and any resource provided by The Tech Nation in the Service.
- Customer Data: the data that the Customer and its Team members enter or generate in the Service (accounts, answers, progress, logos).
- Yeti: an independent partner who presents the Service through a link or code of their own.
3. Account and access
3.1. The Customer creates its Organisation, invites its Team members and appoints its Administrators. It is responsible for the use of the accounts of its Organisation and for keeping login credentials confidential.
3.2. Each Team member accesses the Service with a personal account. The Customer ensures that its Team members comply with the Terms.
4. Online order
4.1. Steps. (1) On the order page, the Customer chooses the number of Seats, the period (3, 6 or 12 months), the payment mode (monthly, or chosen months paid upfront) and, where eligible, the webinar option. The summary shows the price excluding taxes. (2) The Customer is taken to the secure payment page of our provider Stripe, where it enters its company name, billing address, VAT number and payment details. (3) It confirms the payment. (4) The Tech Nation confirms the order by email and opens the Organisation.
4.2. Acceptance. The Terms are available from the order page. Confirming the payment means accepting the Terms in the version in force on that date.
4.3. Correcting errors. Before confirming the payment, the Customer can go back and correct the information entered. After confirmation, any error is corrected on simple request by email.
4.4. Archiving. The Tech Nation archives the order, the applicable version of the Terms and the invoices. The Customer can obtain a copy on request.
4.5. Confirmation. An order confirmation email is sent no later than 24 hours after confirmation of the payment.
4.6. Languages. The contract can be concluded in French, Spanish or English.
4.7. Seats. An online order covers at least one Seat. From 150 Seats, the order is placed with The Tech Nation's team.
4.8. Personal offer. The Tech Nation or a Yeti may send the Customer an offer link that sets the price, the number of Seats and the duration. This link can be used once and is valid for 30 days. An order placed through this link is governed by these Terms.
4.9. Refusal. The Tech Nation may refuse an order for a legitimate reason (non-professional customer, invalid VAT number, previous non-payment, use contrary to the Terms). Any amount already paid is then refunded.
5. Price
5.1. Prices are stated in euros, excluding taxes, per Seat per month. The list price is €20 excluding VAT per person per month.
5.2. Launch code. While it is active, a launch code of 25% applies to direct purchases on the order page, giving €15 excluding VAT per person per month. The Tech Nation may end it at any time for future orders.
5.3. Price offered by a Yeti. A Yeti may offer the Customer, through a code or an offer link, a price between a floor set by The Tech Nation and the list price.
5.4. Applicable price. The applicable price is the one shown to the Customer at the time of the order. It remains applicable as long as the subscription continues, subject to article 5.7.
5.5. Upfront payment. The Customer can choose a period of 3, 6 or 12 months and pay it upfront: a 5% discount then applies to the months of that period. It does not apply to the following months.
5.6. Webinar. The webinar is a one-hour live session with Jérémie Benhamou, CEO of The Tech Nation. It is included free of charge from 25 people for a chosen period of at least 6 months, or from 50 people for a period of at least 3 months. Below that, it is offered as an option from 10 Seats, at €25 excl. VAT per Seat, with a minimum of €380 and a maximum of €900 excl. VAT.
5.7. Price changes. The Tech Nation may change its prices for the future. The Customer is informed by email at least 30 days before they apply. The change applies neither to the first 3 months nor to a period already paid upfront. A Customer who refuses it may terminate before it takes effect, at no cost.
5.8. Adding Seats. The Administrator can add Seats at any time from their space. With monthly payment, added Seats are invoiced pro rata for the current period. During a prepaid period, they are invoiced for the rest of that period, at the price paid, with the same 5% discount.
5.9. Reducing the number of Seats. A reduction is requested by email. It takes effect at the earliest at the end of the first 3 months, or at the end of the current upfront period, without refund.
6. VAT and invoicing
6.1. Customer established in Spain: Spanish VAT (IVA) at the applicable rate is added to the price excluding taxes.
6.2. Customer established in another Member State of the European Union with a valid intra-EU VAT number: the invoice is issued without VAT, under the reverse charge mechanism (article 196 of Directive 2006/112/EC). The Customer guarantees that its VAT number is accurate. Without a valid number, Spanish VAT may apply.
6.3. Customer established outside the European Union: the invoice is issued without Spanish VAT where the rules allow it.
6.4. Invoices are issued electronically. The Customer accepts electronic invoices. Invoices are available in the billing space of the Organisation.
7. Payment
7.1. Payment is made upfront, by card, through Stripe, or by another payment method when the payment page offers it. The Customer authorises the corresponding recurring charges.
7.2. Schedule. Billing takes place on the 1st of each month. With monthly payment, the Customer pays the rest of the current month pro rata when ordering, then each month in advance. With upfront payment, the Customer pays the months of the chosen period when ordering; they start on the 1st of the following month, and the remaining days of the order month are included. Monthly billing starts at the end of that period.
7.3. Late payment. Any amount not paid when due bears interest automatically, without formal notice, at the rate set by Spanish Law 3/2004 on combating late payment in commercial transactions. A fixed compensation of €40 per invoice for recovery costs is also due, without prejudice to further compensation where justified.
7.4. Non-payment. If a payment fails, The Tech Nation informs the Customer. The Customer has a grace period of 14 days to pay. After that, the Organisation becomes read-only: Team members can view the Service but can no longer progress or invite new users. 30 days after the first failed payment without settlement, the subscription is terminated and the Organisation is closed. Full service is restored as soon as payment is made before that date.
7.5. Suspension or termination for non-payment does not release the Customer from the amounts due for the first 3 months.
8. Term, commitment and renewal
8.1. Minimum commitment of 3 months. The contract takes effect when the order is confirmed. The minimum commitment is 3 months, from the 1st of the month following the order; the remaining days of the order month are added. The Customer can also choose a 6 or 12-month period paid upfront (article 5.5): that period does not extend the minimum commitment, it sets what is paid upfront.
8.2. After 3 months. At the end of the first 3 months, or of the upfront period if it is longer, the subscription continues automatically from month to month, at the same price, unless terminated under article 9.
8.3. Renewal through a Yeti. Where the Customer subscribed through a Yeti's link, it can renew through that Yeti's renewal link, for a new period of 3 to 12 months, at the same price.
8.4. The number of Seats invoiced each month is the number of Seats of the subscription on the billing date.
9. Termination
9.1. By the Customer. The Administrator can terminate at any time from the billing space, or by email. A termination requested before the 28th of the month (Madrid time) takes effect at the end of the current month; requested from the 28th, at the end of the following month. It does not take effect before the end of the first 3 months. During an upfront period, it takes effect with two (2) months' notice, and the upfront months not used after that date are refunded pro rata. The Customer can cancel the request as long as it has not taken effect.
9.2. Switching provider. In accordance with Regulation (EU) 2023/2854 (the "Data Act"), the Customer can at any time request, by email, to switch to another provider or to its own infrastructure, with two (2) months' notice. The contract ends when the notice period expires, even during the first 3 months. Amounts due up to that date remain due. Amounts paid in advance for a later period are refunded pro rata. On request, The Tech Nation provides the export of Customer Data described in article 11.8.
9.3. By The Tech Nation. The Tech Nation may terminate: (a) for convenience, with 30 days' notice, in which case amounts paid in advance for a period not yet performed are refunded pro rata; (b) automatically, after a formal notice that remains without effect for 15 days, in case of serious breach by the Customer (breach of the licence in article 13, unlawful use); (c) for non-payment, under article 7.4.
9.4. Except in the cases of articles 9.1 (upfront period), 9.2 and 9.3(a), no amount paid is refunded, including for unused Seats.
10. Customer obligations
10.1. The Customer undertakes to:
- use the Service for its intended purpose and in accordance with the law;
- not share a Seat between several people;
- inform its Team members and, where applicable, its employee representatives before launch, in particular of what Administrators, People managers and colleagues can see (article 11.3);
- not attempt to bypass the security or privacy measures of the Service.
10.2. No decision based on the Service alone. The Service is a training and self-assessment tool. The Customer undertakes not to use the scores, progress or answers of its Team members as the sole basis for a decision about them (appraisal, pay, promotion, sanction, dismissal).
11. Customer and Team member data
11.1. Roles. For the personal data of Team members processed in the Service, the Customer is the controller and The Tech Nation is the processor within the meaning of article 28 of the GDPR. The data processing agreement forms part of the contract. For the buyer's contact and billing data, The Tech Nation is the controller, as explained in the privacy policy.
11.2. Ownership. Customer Data remains the property of the Customer. The Customer authorises The Tech Nation to host and process it to provide the Service, for the term of the contract and for the period in article 11.7.
11.3. Who sees what. The Customer is informed that:
- Administrators see the list of Team members of the Organisation, with their name, email address, team and role;
- Administrators and People managers see, per Team member and by name, the level and self-assessment scores at entry and up to date, progress, experience points, streak of active days and date of last activity;
- each Team member sees the same indicators, by name, for the members of their team and for the Sherpas, and without names for other colleagues;
- reported blockers and answers about the team's mood are shown to Administrators and People managers only as totals per team, from 5 responses, without names or comments.
11.4. Evidence. Exercises check the method followed. The Service does not keep the text of the work produced by Team members in their artificial intelligence tool.
11.5. Hosting and transfers. The Service is hosted by Vercel Inc. (functions run in the United States) and its database by Convex, Inc. (United States). The list of providers is on the Subprocessors page. Transfers outside the European Union are covered by the safeguards set out in chapter V of the GDPR, described in the data processing agreement.
11.6. When a Team member leaves. When the Customer removes a Team member from the Organisation, their data is pseudonymised 30 days after they leave: their name, email address and team are replaced, their name is erased from their certificates, which remain verifiable without a name, and their progress is kept only under a pseudonymous identifier.
11.7. End of the contract. After the contract ends, the Organisation is no longer accessible. For six (6) months, the Customer can reactivate it or request an export of its Data. After that period, The Tech Nation deletes or anonymises Customer Data within a reasonable time, except data it must keep by law (for example invoices). The Customer can request deletion earlier.
11.8. Export. At any time during the contract and during the period in article 11.7, the Customer can request by email an export of its Customer Data in a structured, commonly used and machine-readable format. The Tech Nation provides it within 30 days.
12. Artificial intelligence
12.1. The Customer's AI tool. Exercises are completed in the artificial intelligence tool that the Team member already uses (for example Claude, ChatGPT, Copilot or Gemini). This tool is chosen and provided by the Customer, under the terms of its own provider. The Tech Nation has no access to the Team member's conversations with that tool.
12.2. No built-in AI model. On the date of these Terms, the Service does not call any artificial intelligence model for Team members. For support and administration, The Tech Nation team may use an AI assistant listed among the subprocessors, only on the data needed for a request. If The Tech Nation adds a feature that sends Customer Data to an AI model, it will inform the Customer at least 30 days in advance and update the list of subprocessors. The Customer may then terminate at no cost.
12.3. The Learning content is a training aid. It does not replace professional advice or the Team member's own judgement.
12.4. The Service takes no automated decision that produces legal effects concerning a Team member or similarly significantly affects them.
13. Intellectual property and licence
13.1. The Tech Nation is and remains the owner of all rights in the Service, the software and the Learning content, or holds the necessary permissions.
13.2. Licence. The Tech Nation grants the Customer, for the term of the contract, a non-exclusive, non-transferable and non-sublicensable licence to access and use the Service and the Learning content, for the internal training of its Team members, within the number of Seats subscribed, worldwide.
13.3. Prohibited uses. Unless The Tech Nation agrees in advance and in writing, the Customer and its Team members shall not, in particular:
- extract, copy, bulk download, scrape or reproduce all or a substantial part of the Learning content, including by automated means;
- resell, rent, sublicense, make available to third parties or market the Service or the Learning content, including as training or a derived product;
- use the Learning content to train, fine-tune or evaluate an artificial intelligence model;
- create a competing service from the Service or its Learning content;
- decompile or disassemble the software, except where permitted by law.
13.4. The Tech Nation's rights in its databases are reserved.
13.5. The Tech Nation only names the Customer as a commercial reference (name and logo) with its express consent.
14. The Climb certification
14.1. A The Tech Nation certification. At the end of the path, the Service issues the Team member with The Climb certification: a private certification, issued by The Tech Nation on the basis of its own method and criteria (mandatory steps passed, checkpoints validated, level reached). The certificate shows the Team member's full name, the Customer's name, the level, the competencies worked on and the dates.
14.2. Public verification. Anyone who has the link or QR code of a certificate can view it on a verification page. A digital fingerprint of the certificate is timestamped on a public blockchain (Bitcoin, through the OpenTimestamps protocol). This fingerprint contains no readable data and cannot be erased.
14.3. What the certification is not. The Climb certification is not a state degree or diploma, a registered professional qualification, a certification accredited by a third-party body, or a certificate of conformity with Regulation (EU) 2024/1689 on artificial intelligence. Its value rests on The Tech Nation's method and signature. Neither The Tech Nation, nor the Customer, nor the Yetis present it otherwise.
14.4. Authorised wording. The Customer may state that the certificates and progress reports document the measures taken to support AI literacy under article 4 of Regulation (EU) 2024/1689. Assessing compliance with its own legal obligations is the Customer's responsibility.
15. Availability and support
15.1. The Tech Nation uses reasonable efforts to keep the Service available 24 hours a day, 7 days a week, without a quantified service level commitment.
15.2. The Service may be interrupted for maintenance, where possible outside business hours and with prior notice, or in case of an incident at a technical provider.
15.3. Support is provided by email, in French, Spanish and English, on business days.
15.4. The Tech Nation may change the Service and the Learning content. It does not remove an essential feature during a commitment period without informing the Customer 30 days in advance. The Customer may then terminate at no cost.
16. Liability
16.1. The Tech Nation is only liable for direct and foreseeable damage resulting from a proven breach of its obligations.
16.2. Indirect damage is excluded, such as loss of turnover, profit, customers or reputation.
16.3. For all causes combined, The Tech Nation's total liability is capped at the amount excluding taxes paid by the Customer for the Service during the twelve (12) months before the event giving rise to the claim.
16.4. These limitations do not apply in case of fraud (dolo) or gross negligence, to personal injury, or where the law forbids limiting liability.
16.5. The Tech Nation is not liable for the Customer's use of data, certificates or the artificial intelligence tool it has chosen, or for decisions it takes about a Team member.
17. Force majeure
Neither party is liable for a failure caused by force majeure within the meaning of article 1105 of the Spanish Civil Code. If the event lasts more than 30 days, either party may terminate without compensation.
18. Confidentiality
Each party keeps the other party's non-public information confidential during the contract and for three years after, unless required by law.
19. Yetis
19.1. The Service may be presented by Yetis, independent partners. Where the Customer orders through a Yeti's link or code, the contract is concluded directly between the Customer and The Tech Nation, under these Terms and at the price shown by that link or code.
19.2. A Yeti is not an employee, agent or representative of The Tech Nation and cannot bind it. No promise by a Yeti that departs from the Terms binds The Tech Nation without its written confirmation.
19.3. To follow their customers and calculate their earnings, the Yeti sees the Customer's name, the number of Seats, the price paid, their margin, the duration and dates of the subscription, and any termination. The Yeti has no access to Team member data.
19.4. The programme rules are in the Yeti programme terms.
20. Changes to the Terms
The Tech Nation may change the Terms. New terms are notified by email at least 30 days before they take effect. A Customer who refuses them may terminate at no cost before that date. Otherwise, they apply from that date.
21. Miscellaneous
21.1. The Customer may not assign the contract without The Tech Nation's written consent.
21.2. If a clause is void, the other clauses remain in force.
21.3. Failing to act on a breach does not mean waiving the right to do so.
21.4. Emails exchanged at the declared addresses count as written notice.
22. Governing law, jurisdiction and language
22.1. The Terms and any contract concluded under them are governed by Spanish law, excluding the Vienna Convention on the International Sale of Goods.
22.2. The parties first seek an amicable solution for 30 days. Failing that, any dispute falls under the exclusive jurisdiction of the courts of Barcelona (Spain).
22.3. The Terms are published in French, Spanish and English. In case of any discrepancy, the Spanish version prevails.