Article 1 - Purpose
These Terms of Sale (ToS) govern the contractual relationship between Kalinotes (hereinafter "the Provider") and any natural or legal person taking out a paid subscription (hereinafter "the Customer").
Acceptance of these Terms of Sale is evidenced by a tick box in the registration form. Such acceptance can only be full and unreserved. Any conditional acceptance shall be deemed null and void.
Article 2 - Prices
Subscription prices are shown in euros (€) inclusive of all taxes on the pricing page of the site https://www.kalinotes.com/tarifs.html.
The Provider reserves the right to change its prices at any time. However, the prices in force at the time of subscription apply for the entire duration of the current subscription.
For monthly subscriptions, the new price applies at the next renewal. For annual subscriptions, the new price applies at the annual renewal.
Article 3 - Payment terms
Payment is made by bank card or any other means of payment offered on the platform.
For monthly subscriptions, payment is automatically charged each month on the anniversary date of the subscription.
For annual subscriptions, payment is made in a single instalment for the entire year.
In the event of a rejected payment, the service may be suspended immediately without notice until the situation is regularised.
Article 4 - Term and renewal
Subscriptions are taken out for a fixed term (monthly or annual) and renew automatically by tacit renewal for an identical period, unless cancelled by the Customer before the expiry date.
The Customer may terminate their subscription at any time from their personal space. Termination takes effect at the end of the current subscription period, with no refund for the unused period.
Article 5 - Right of withdrawal
In accordance with Article L221-28 of the French Consumer Code, the Customer has a period of 14 days from the subscription date to exercise their right of withdrawal without having to give reasons or pay penalties.
However, in accordance with Article L221-28, a Customer who expressly requests immediate performance of the service before the end of the withdrawal period expressly waives their right of withdrawal as soon as performance of the service begins.
Article 6 - Availability of the service
The Provider strives to ensure the availability of the service 24/7. However, the service may be interrupted, in particular for reasons of maintenance, updates, or for any other technical reason.
The Provider does not guarantee uninterrupted availability of the service and shall not be held liable for the consequences of any interruption, whether scheduled or not.
No refund, even partial, may be claimed in the event of a temporary interruption of the service, whatever its duration or cause.
Article 7 - Limitation of liability
7.1 - General exclusion of liability
The Kalinotes service is provided "as is" and "as available". The Provider gives no warranty, express or implied, regarding the service, in particular as to quality, fitness for a particular purpose, absence of errors or continuity of service.
7.2 - Limitation of damages
Under no circumstances shall the Provider be held liable for any direct or indirect damage resulting from the use of, or inability to use, the service, in particular:
- Loss of data, profits, revenue or business opportunities
- Business interruption
- Intangible damage or indirect loss
- Damage resulting from an event of force majeure
- Damage resulting from abnormal or non-compliant use of the service
- Damage caused by the Customer's negligence in backing up their own data
7.3 - Cap on liability
Should the Provider be held liable, the total amount of damages owed to the Customer shall not exceed the amount paid by the Customer for the subscription over the three (3) months preceding the event giving rise to liability.
7.4 - Loss of data
The Provider does not guarantee the retention of the Customer's data. It is the Customer's responsibility to regularly back up their own data. The Provider shall not be held liable for any loss of data, whatever the cause.
7.5 - Content created by the Customer
The Customer is solely responsible for the content they create, store or share via the service. The Provider shall not be held liable for content created by the Customer, in particular in the event of infringement of intellectual property rights, defamation, or any unlawful content.
Article 8 - Customer's obligations
The Customer undertakes to:
- Provide accurate information upon registration and keep that information up to date
- Keep their login credentials confidential
- Use the service in accordance with the Terms of Use and applicable legislation
- Not attempt to undermine the security or integrity of the service
- Make regular backups of their data
- Make payments on the scheduled due dates
Article 9 - Suspension and termination
9.1 - Suspension by the Provider
The Provider reserves the right to suspend or terminate access to the service immediately and without notice in the event of:
- Non-payment
- Breach of the Terms of Use or the Terms of Sale
- Fraudulent or abusive use of the service
- Behaviour harmful to other users or to the service
Such suspension or termination gives rise to no refund or compensation.
9.2 - Termination by the Customer
The Customer may cancel their subscription at any time from their personal space. Termination takes effect at the end of the current subscription period, with no refund for the unused period.
Article 10 - Intellectual property
All elements of the Kalinotes service (software, design, trademarks, logos, etc.) are and remain the exclusive property of the Provider.
The Customer has a personal, non-exclusive and non-transferable right to use the service, within the limits defined by the subscription taken out.
The Customer retains all intellectual property rights to the content they create via the service.
Article 11 - Personal data
The personal data collected is processed electronically in accordance with our GDPR Privacy policy.
The Customer has the right to access, rectify, delete and port their personal data, which they may exercise by contacting: contact@kalinotes.com
Article 12 - Force majeure
The Provider shall not be held liable for any delay in or failure to perform its obligations resulting from an event of force majeure as defined by French case law.
The following, in particular, are considered events of force majeure: natural disasters, fires, network or server failures, service interruptions by hosting providers or access providers, acts of hacking, government or regulatory decisions, industrial disputes, etc.
Article 13 - Amendment of the Terms of Sale
The Provider reserves the right to amend these Terms of Sale at any time. The new Terms of Sale will be brought to Customers' attention via the website and/or by email.
The applicable Terms of Sale are those in force on the date the subscription is taken out. In the event of amendment, the new Terms of Sale apply at the next renewal of the subscription.
Article 14 - Complaints
Any complaint must be sent by email to: contact@kalinotes.com
The Provider undertakes to respond as soon as possible, without however guaranteeing a specific response time.
Article 15 - Mediation
In accordance with Article L.612-1 of the French Consumer Code, the Customer has the right to use the consumer mediation service free of charge in the event of a dispute.
The competent consumer mediator is to be determined.
Article 16 - Governing law and competent jurisdiction
These Terms of Sale are governed by French law.
In the event of a dispute and failing an amicable agreement, 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 Sale, you can contact us:
- By email: contact@kalinotes.com
- Via our contact form