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Terms of Sale

Effective January 15, 2025

Article 1 - Purpose

These Terms of Sale (ToS) govern the contractual relationship between Kalinotes (hereinafter "the Provider") and any natural or legal person subscribing to a paid subscription (hereinafter "the Customer").

Acceptance of these ToS is materialized by a checkbox in the registration form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void.

Article 2 - Prices

Subscription prices are indicated in euros (€) including all taxes (VAT included) on the pricing page of the website https://www.kalinotes.com/en/tarifs.html.

The Provider reserves the right to modify its prices at any time. However, the prices in effect 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 credit card or any other payment method offered on the platform.

For monthly subscriptions, payment is automatically charged each month on the subscription anniversary date.

For annual subscriptions, payment is made in one payment for the entire year.

In case of payment rejection, the service may be suspended immediately without notice until regularization.

Article 4 - Duration and Renewal

Subscriptions are taken out for a fixed term (monthly or annual) and are automatically renewed by tacit agreement for the same period, unless canceled by the Customer before the expiry date.

Customers may terminate their subscription at any time from their personal space. Termination takes effect at the end of the current subscription period, without refund of the unused period.

Article 5 - Right of Withdrawal

In accordance with Article L221-28 of the French Consumer Code, Customers have a period of 14 days from subscription to exercise their right of withdrawal without having to justify reasons or pay penalties.

However, in accordance with Article L221-28, Customers who expressly request immediate execution of the service before the end of the withdrawal period expressly waive their right of withdrawal from the start of service execution.

Article 6 - Service Availability

The Provider strives to ensure service availability 24/7. However, the service may be interrupted for maintenance, updates, or any other technical reason.

The Provider does not guarantee uninterrupted service availability and cannot be held responsible for the consequences of any interruption, whether planned or not.

No refund, even partial, may be demanded in case of temporary service interruption, 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 makes no warranties, express or implied, regarding the service, particularly in terms of quality, suitability for a particular use, absence of errors or continuity of service.

7.2 - Limitation of Damages

Under no circumstances may the Provider be held liable for any direct or indirect damage resulting from the use or inability to use the service, including:

  • Loss of data, profits, revenue, commercial opportunities
  • Interruption of professional activity
  • Intangible damages or indirect losses
  • Damages resulting from force majeure
  • Damages resulting from abnormal or non-compliant use of the service
  • Damages caused by Customer negligence in backing up their data

7.3 - Liability Cap

In the event that the Provider's liability is retained, the total amount of damages payable to the Customer cannot exceed the amount paid by the Customer for the subscription during the three (3) months preceding the event giving rise to liability.

7.4 - Data Loss

The Provider does not guarantee the preservation of Customer data. It is the Customer's responsibility to regularly back up their own data. The Provider cannot be held responsible for any data loss, whatever the cause.

7.5 - Content Created by Customer

Customers are solely responsible for the content they create, store or share via the service. The Provider cannot be held responsible for content created by Customers, particularly in case of violation of intellectual property rights, defamation, or any illegal content.

Article 8 - Customer Obligations

Customers undertake to:

  • Provide accurate information when registering and keep this information up to date
  • Maintain the confidentiality of their login credentials
  • Use the service in accordance with the TOU and applicable legislation
  • Not attempt to compromise the security or integrity of the service
  • Perform regular backups of their data
  • Make payments on scheduled due dates

Article 9 - Suspension and Termination

9.1 - Suspension by Provider

The Provider reserves the right to suspend or terminate access to the service immediately and without notice in case of:

  • Non-payment
  • Violation of TOU or ToS
  • Fraudulent or abusive use of the service
  • Harmful behavior towards other users or the service

This suspension or termination does not entitle the Customer to any refund or compensation.

9.2 - Termination by Customer

Customers may terminate their subscription at any time from their personal space. Termination takes effect at the end of the current subscription period, without refund of 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.

Customers have a personal, non-exclusive and non-transferable right to use the service, within the limits defined by the subscription.

Customers retain all intellectual property rights to the content they create via the service.

Article 11 - Personal Data

Personal data collected is subject to computer processing in accordance with our GDPR Privacy Policy.

Customers have the right to access, rectify, delete and port their personal data, which they can exercise by contacting: contact@kalinotes.com

Article 12 - Force Majeure

The Provider cannot be held responsible for any delay or failure to perform its obligations resulting from force majeure as defined by French case law.

The following are considered force majeure events: natural disasters, fires, network or server failures, service interruptions by hosting providers or Internet service providers, acts of computer hacking, governmental or regulatory decisions, social conflicts, etc.

Article 13 - Modification of ToS

The Provider reserves the right to modify these ToS at any time. New ToS will be brought to Customers' attention via the website and/or by email.

The applicable ToS are those in effect on the subscription date. In case of modification, the new ToS apply at the next subscription renewal.

Article 14 - Complaints

All complaints must be sent by email to: contact@kalinotes.com

The Provider undertakes to respond as quickly as possible, without however guaranteeing a specific response time.

Article 15 - Mediation

In accordance with Article L.612-1 of the French Consumer Code, Customers have the right to use a consumer mediation service free of charge in case of dispute.

The competent consumer mediator is to be determined.

Article 16 - Applicable Law and Jurisdiction

These ToS are governed by French law.

In case of dispute and in the absence of amicable agreement, the dispute will be brought before the competent courts in accordance with the rules of common law.

Contact

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

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

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