Article 1 - Purpose and scope
These Terms of Use (ToU) govern the use of the Kalinotes service accessible via the website https://www.kalinotes.com and the web application (hereinafter "the Service").
The Service allows users to create, organise and manage notes on web pages via a browser extension and a dedicated web interface.
Use of the Service implies full and unreserved acceptance of these Terms of Use. Any User who does not accept these Terms of Use must not use the Service.
Article 2 - Definitions
- Service: refers to all the features offered by Kalinotes
- User: refers to any natural or legal person using the Service, whether they have a free or paid account
- Account: refers to the User's personal space granting access to the Service
- Content: refers to all information, texts, notes, comments and data created, stored or shared by the User
- Extension: refers to the browser extension used to create notes on the web pages visited
Article 3 - Access to the Service
3.1 - Registration
Access to the Service requires the creation of an Account by providing a valid email address and a password.
The User undertakes to provide accurate, complete and up-to-date information. They are responsible for the confidentiality of their login credentials.
The User must be at least 16 years old to create an Account. For minors under 18, the authorisation of a legal guardian is required.
3.2 - Technical requirements
Access to the Service requires an Internet connection and a compatible web browser. The User is solely responsible for having the necessary equipment and connections. Kalinotes does not guarantee the compatibility of the Service with all equipment and configurations.
Article 4 - Use of the Service
4.1 - Licence of use
Kalinotes grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the Service, within the limits provided for by the subscription taken out.
4.2 - Usage restrictions
The User shall refrain from:
- Using the Service for illegal or unauthorised purposes
- Attempting to access other Users' accounts
- Decompiling, disassembling or attempting to discover the source code of the Service
- Using robots, scripts or any unauthorised automated means
- Overloading, disrupting or undermining the integrity or security of the Service
- Reselling, renting or marketing access to the Service without written authorisation
- Creating multiple accounts in order to circumvent subscription limitations
- Using the Service to store or distribute unlawful or defamatory content, or content infringing the rights of third parties
4.3 - Fair use
The Service is subject to a fair use policy. Kalinotes reserves the right to limit or suspend the access of any User whose use is deemed excessive or abnormal, without notice or compensation.
Article 5 - User Content
5.1 - Responsibility for Content
The User is solely responsible for the Content they create, store or share via the Service. Kalinotes does not exercise any prior control or moderation of the Content.
The User warrants that they hold all the necessary rights to their Content and undertakes that it does not violate any law or any third-party right.
5.2 - Licence granted to Kalinotes
The User retains all intellectual property rights to their Content. By using the Service, the User grants Kalinotes a worldwide, non-exclusive, free and limited licence to store, process and display the Content solely for the purpose of providing the Service.
5.3 - Backup of Content
It is the User's responsibility to make their own backups of their Content. Kalinotes does not guarantee the permanent retention of Content and shall not be held liable for any loss of data, whatever the cause.
Article 6 - Availability and Maintenance
6.1 - Availability of the Service
Kalinotes strives to ensure the continuous availability of the Service but does not guarantee uninterrupted access. The Service may be temporarily suspended for reasons of maintenance, updates or for any technical or security reason.
6.2 - Maintenance
Kalinotes reserves the right to carry out scheduled or emergency maintenance operations, which may result in the temporary unavailability of the Service, without notice or compensation.
6.3 - Changes to the Service
Kalinotes reserves the right to modify, improve or remove features of the Service at any time, without notice. The User accepts that Kalinotes cannot be held liable for such changes.
Article 7 - Limitation of Liability
7.1 - Service provided "as is"
The Service is provided "as is" and "as available". Kalinotes gives no warranty, express or implied, regarding:
- The accuracy, reliability or completeness of the Service
- The absence of errors, bugs or interruptions
- The suitability of the Service for the User's specific needs
- Compatibility with all equipment and configurations
- The absolute security of data
7.2 - Exclusion of liability
Kalinotes shall not be held liable for:
- Any loss of data, profits, revenue or opportunities
- Any direct or indirect damage resulting from the use of, or inability to use, the Service
- Any damage caused by viruses or other harmful elements
- The abusive or fraudulent use of the Service by third parties
- The consequences of any use not complying with these Terms of Use
- The incompatibility of the Service with certain equipment or configurations
- Service interruptions, whether scheduled or not
- Acts of hacking or intrusion into the computer system
7.3 - Cap on liability
In all cases, Kalinotes's total liability, whatever the cause, shall not exceed the amount paid by the User for their subscription over the three (3) months preceding the event giving rise to liability. For users of the free version, Kalinotes's liability is limited to zero euros (€0).
7.4 - Reported unlawful content
Kalinotes provides a system for reporting unlawful Content. Upon notification of manifestly unlawful Content, Kalinotes may remove or make such Content inaccessible without notice.
Article 8 - Intellectual Property
8.1 - Kalinotes's property
All elements of the Service (software, interface, design, trademarks, logos, databases, etc.) are and remain the exclusive property of Kalinotes or its licensors.
Any unauthorised reproduction, representation, modification or exploitation constitutes infringement punishable under the French Intellectual Property Code.
8.2 - User's property
The User retains all intellectual property rights to the Content they create via the Service.
Article 9 - Personal Data
The personal data collected is processed in accordance with the GDPR and our Privacy policy.
The User has the right to access, rectify, erase, restrict processing of, port and object to the processing of their personal data.
Article 10 - Suspension and Termination
10.1 - Suspension by Kalinotes
Kalinotes reserves the right to immediately suspend or terminate a User's access to the Service, without notice or compensation, in the event of:
- Breach of these Terms of Use or the Terms of Sale
- Non-payment for paid subscriptions
- Fraudulent, abusive or illegal use of the Service
- Harmful behaviour towards other Users or the Service
- Attempts to undermine the security or integrity of the Service
- Excessive use deemed abnormal
10.2 - Termination by the User
The User may delete their Account at any time from their personal space. Deletion results in the permanent loss of all data associated with the Account.
10.3 - Consequences of termination
In the event of suspension or termination of the Account, the User immediately loses access to the Service and to their Content. No refund will be made, whatever the cause of termination.
Article 11 - Security
Kalinotes implements appropriate security measures to protect the Service and Users' data. However, no system is entirely secure.
The User acknowledges that no data transmission over the Internet is entirely secure and uses the Service at their own risk.
The User is responsible for:
- The confidentiality of their login credentials
- The security of their equipment and Internet connection
- All activities carried out via their Account
Article 12 - Force Majeure
Kalinotes shall not be held liable for any failure to perform its obligations resulting from an event of force majeure as defined by French case law, including in particular:
- Natural disasters, fires, floods
- Network, server or hosting failures
- Acts of hacking, cyberattacks
- Government or regulatory decisions
- Industrial disputes, strikes
- Power or telecommunications outages
Article 13 - Hyperlinks
The Service may contain links to third-party sites. These links are provided solely for the convenience of Users.
Kalinotes exercises no control over these third-party sites and disclaims all liability for their content, availability or practices.
Article 14 - Notifications
Kalinotes may send notifications to Users by email at the address provided upon registration. The User undertakes to keep a valid and up-to-date email address.
Notifications are deemed received within 24 hours of being sent.
Article 15 - Severability
If one or more provisions of these Terms of Use are held to be invalid or declared as such under a law, regulation or court decision, the other provisions shall retain their full force and effect.
Article 16 - Amendment of the Terms of Use
Kalinotes reserves the right to amend these Terms of Use at any time. The amended Terms of Use will be brought to Users' attention via the website and/or by email.
Continued use of the Service after notification of the changes constitutes acceptance of the new Terms of Use.
If the User refuses the changes, they must stop using the Service and may delete their Account.
Article 17 - Entire Agreement
These Terms of Use, supplemented where applicable by the Terms of Sale for paid subscriptions, constitute the entire agreement between the User and Kalinotes concerning the use of the Service.
Article 18 - Governing Law and Jurisdiction
These Terms of Use are governed by French law.
In the event of a dispute, the parties shall endeavour to reach an amicable solution. Failing an amicable agreement within 30 days, the dispute shall be brought before the competent courts in accordance with the rules of ordinary law.
Contact
For any question concerning these Terms of Use, you can contact us:
- By email: contact@kalinotes.com
- Via our contact form