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Terms of Use

Effective January 15, 2025

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, organize and manage notes on web pages via a browser extension and a dedicated web interface.

Use of the Service implies full and complete acceptance of these TOU. Users who do not accept these TOU must not use the Service.

Article 2 - Definitions

  • Service: refers to all functionalities 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 providing 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 allowing the creation of notes on visited web pages

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 password.

The User undertakes to provide accurate, complete and up-to-date information. They are responsible for the confidentiality of their login credentials.

Users must be at least 16 years old to create an Account. For minors under 18, authorization from a legal representative 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 - Usage License

Kalinotes grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the Service, within the limits provided by the subscription.

4.2 - Usage Restrictions

Users are prohibited from:

  • Using the Service for illegal or unauthorized purposes
  • Attempting to access other Users' accounts
  • Decompiling, disassembling or attempting to discover the source code of the Service
  • Using robots, scripts or any unauthorized automated means
  • Overloading, disrupting or compromising the integrity or security of the Service
  • Reselling, renting or commercializing access to the Service without written authorization
  • Creating multiple accounts to circumvent subscription limitations
  • Using the Service to store or distribute illegal, defamatory content, or content violating third-party rights

4.3 - Fair Use

The Service is subject to a fair use policy. Kalinotes reserves the right to limit or suspend a User's access if their use is deemed excessive or abnormal, without notice or compensation.

Article 5 - User Content

5.1 - Content Responsibility

Users are solely responsible for the Content they create, store or share via the Service. Kalinotes exercises no prior control or moderation of Content.

Users guarantee that they have all necessary rights to their Content and undertake that it does not violate any law or third-party rights.

5.2 - License Granted to Kalinotes

Users retain all intellectual property rights to their Content. By using the Service, Users grant Kalinotes a worldwide, non-exclusive, free and limited license to store, process and display the Content solely for the purpose of providing the Service.

5.3 - Content Backup

It is the User's responsibility to make their own backups of their Content. Kalinotes does not guarantee permanent preservation of Content and cannot be held responsible for any data loss, whatever the cause.

Article 6 - Availability and Maintenance

6.1 - Service Availability

Kalinotes strives to ensure continuous availability of the Service, but does not guarantee uninterrupted accessibility. The Service may be temporarily suspended for maintenance, updates or for any technical or security reason.

6.2 - Maintenance

Kalinotes reserves the right to perform scheduled or emergency maintenance operations, which may result in temporary unavailability of the Service, without notice or compensation.

6.3 - Service Modifications

Kalinotes reserves the right to modify, improve or remove Service features at any time, without notice. Users accept that Kalinotes cannot be held responsible for such modifications.

Article 7 - Limitation of Liability

7.1 - Service Provided "As Is"

The Service is provided "as is" and "as available". Kalinotes makes no warranties, 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
  • Absolute data security

7.2 - Exclusion of Liability

Kalinotes cannot be held responsible for:

  • Any loss of data, profits, revenue or opportunities
  • Any direct or indirect damage resulting from the use or inability to use the Service
  • Any damage caused by viruses or other harmful elements
  • Abusive or fraudulent use of the Service by third parties
  • Consequences of use not in compliance with these TOU
  • Incompatibility of the Service with certain equipment or configurations
  • Service interruptions, whether planned or not
  • Acts of hacking or intrusion into the computer system

7.3 - Liability Cap

In all cases, Kalinotes' total liability, whatever the cause, cannot exceed the amount paid by the User for their subscription during the three (3) months preceding the event giving rise to liability. For users of the free version, Kalinotes' liability is limited to zero euros (€0).

7.4 - Reported Illegal Content

Kalinotes implements a system for reporting illegal Content. Upon notification of manifestly illegal Content, Kalinotes may remove or make such Content inaccessible without notice.

Article 8 - Intellectual Property

8.1 - Kalinotes 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 unauthorized reproduction, representation, modification or exploitation constitutes infringement sanctioned by intellectual property law.

8.2 - User Property

Users retain all intellectual property rights to the Content they create via the Service.

Article 9 - Personal Data

Personal data collected is processed in accordance with GDPR and our Privacy Policy.

Users have the right to access, rectify, delete, limit processing, portability and object to the processing of their personal data.

Article 10 - Suspension and Termination

10.1 - Suspension by Kalinotes

Kalinotes reserves the right to suspend or terminate immediately, without notice or compensation, a User's access to the Service in case of:

  • Violation of these TOU or the Terms of Sale
  • Non-payment for paid subscriptions
  • Fraudulent, abusive or illegal use of the Service
  • Harmful behavior towards other Users or the Service
  • Attempted breach of Service security or integrity
  • Excessive use deemed abnormal

10.2 - Termination by User

Users may delete their Account at any time from their personal space. Deletion results in permanent loss of all data associated with the Account.

10.3 - Consequences of Termination

In case of Account suspension or termination, Users immediately lose access to the Service and 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 User data. However, no system is completely secure.

Users acknowledge that no data transmission over the Internet is completely secure and use the Service at their own risk.

Users are responsible for:

  • The confidentiality of their login credentials
  • The security of their equipment and Internet connection
  • All activities performed via their Account

Article 12 - Force Majeure

Kalinotes cannot be held responsible for failure to perform its obligations resulting from force majeure as defined by French case law, including:

  • Natural disasters, fires, floods
  • Network, server or hosting failures
  • Acts of computer hacking, cyberattacks
  • Governmental or regulatory decisions
  • Social conflicts, strikes
  • Power or telecommunications outages

Article 13 - Hyperlinks

The Service may contain links to third-party sites. These links are provided solely for User convenience.

Kalinotes exercises no control over these third-party sites and disclaims all responsibility for their content, availability or practices.

Article 14 - Notifications

Kalinotes may send notifications to Users by email at the address provided during registration. Users undertake to maintain a valid and up-to-date email address.

Notifications are deemed received within 24 hours of sending.

Article 15 - Severability

If one or more provisions of these TOU are held to be invalid or declared as such pursuant to law, regulation or court decision, the other provisions shall retain their full force and effect.

Article 16 - Modification of TOU

Kalinotes reserves the right to modify these TOU at any time. Modified TOU will be brought to Users' attention via the website and/or by email.

Continued use of the Service after notification of modifications constitutes acceptance of the new TOU.

If Users refuse the modifications, they must stop using the Service and may delete their Account.

Article 17 - Entire Agreement

These TOU, supplemented where applicable by the Terms of Sale for paid subscriptions, constitute the entire agreement between the User and Kalinotes regarding use of the Service.

Article 18 - Applicable Law and Jurisdiction

These TOU are governed by French law.

In case of dispute, the parties will endeavor to find an amicable solution. In the absence of amicable agreement within 30 days, the dispute will be brought before the competent courts in accordance with the rules of common law.

Contact

For any questions regarding these TOU, you can contact us:

  • By email: contact@kalinotes.com
  • Via our contact form

Kalinotes

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