You or the entity you are representing.
Refers to the SOFTWARE on the PLATFORM. The SOFTWARE can only be accessed remotely, by connecting Users to the PLATFORM. The SOFTWARE includes all features referring to :
- the management and building of KAPSULES,
- the ACCOUNT management,
- the SUBSCRIPTION management and billing.
Refers to all the hardware and software of the hosting data center on which the SOFTWARE is installed and from which the SaaS service is provided to the SOFTWARE. All www.kapsule.ai SOFTWARE is hosted by Clever Cloud.
To use the SOFTWARE, the CLIENT must create an ACCOUNT that will hold information. The CLIENT certifies that all information entered are true. The CLIENT undertakes to keep all ACCOUNT informations up to date if his/her situation change.
A SUBSCRIPTION refers to the Features and Rates limitations on the SOFTWARE. When the USER creates its ACCOUNT, it is automatically associated to a "Free" SUBSCRIPTION. There is no SAAS ROYALTY for the "Free" SUBSCRIPTION.
Refers to the right of the CLIENT to :
- access the Platform to use the SOFTWARE,
- benefit from the maintenance provisions described in the Section “Maintenance / Assistance / Support”.
Services included in the definition of SAAS SERVICE are indivisible.
DIGGLERZ FACTORY has designed and developed a service (the SOFTWARE) with online access which allows its clients to build KAPSULEs ; these KAPSULEs may be integrated into the CLIENT's own softwares or services.
The CLIENT is able to use the SOFTWARE through the SAAS SERVICE and to benefit from the features offered by the SOFTWARE under the following terms.
www.kapsule.ai website is published by DIGGLERZ FACTORY company.
DIGGLERZ FACTORY is a S.A.S. company, with capital of 50 520 euros, registered at 5 Rue de Catiglione 75001 PARIS (registration to NANTERRE B R.C.S. with number 484 645 676) .
The Publication director is Guillaume LOGEROT, Head of Research and Development at DIGGLERZ FACTORY.
The PLATFORM is hosted by Clever Cloud, in French ground.
You can contact us through Contact Us page.
Any claim relating to DIGGLERZ FACTORY service shall be governed by the laws of France without regard to its conflict of law provisions.
By using the SOFTWARE, the CLIENT commits to use the service in accordance with these principles. DIGGLERZ FACTORY undertakes to provide a reliable service and comprehensive communication.
Limitations of Use
- only by remote access on the PLATFORM chosen by DIGGLERZ FACTORY, with the AUTHENTICATION DATA provided by the CLIENT during the creation of the ACCOUNT.
- only for the processing of the CLIENT's professional Data under the terms strictly defined in this Article.
The AUTHENTICATION DATA of the CLIENT to access the SOFTWARE through the SAAS SERVICE are under the CLIENT responsibility. They may only be changed by the CLIENT or at the initiative of DIGGLERZ FACTORY, provided that the CLIENT is informed immediately. The CLIENT agrees to take all necessary measures to keep the AUTHENTICATION DATA secure and not disclose it in any form whatsoever. The CLIENT is solely responsible for the use of the AUTHENTICATION DATA which he alone manages through SOFTWARE. In the event that the CLIENT becomes aware that an unauthorized person has gained access to the SOFTWARE, the CLIENT agrees to inform DIGGLERZ FACTORY immediately. In the event of loss, theft or usurpation of the AUTHENTICATION DATA, the CLIENT will use only the procedure of the SOFTWARE, allowing him to recover his identifiers or create new ones.
By using the SAAS SERVICE, the CLIENT must comply with, and refrain from violating, any right of any other person, entity, contractual duty and laws including laws forbidding distribution of child pornography, forgery, identity theft, interference with electronic communications, invasion of privacy, unlawful sending of commercial/marketing messages, collection of excessive user data from children, securities violations, wire fraud, money laundering, terrorist activities, false advertising, propagating or profiting from frauds and unfaire scheme.
The CLIENT agrees not to :
- Take action that might generate unreasonable or disproportionately (as determined by us) large load on our and on our third party providers’ infrastructure
- Abusive use of network bandwidth
- Interfere or attempt to interfere with the proper working of the SAAS SERVICE
- Run any form of “spam” on the SAAS SERVICE
- Use the SAAS SERVICE for any high risk activities including nuclear facilities, air traffic control, life customer systems or any other use where the failure of service could lead to death, personal injury or environmental damage (Contact Us for appropriate answers)
The materials and features of the SOFTWARE are provided “as is”. DIGGLERZ FACTORY makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, DIGGLERZ FACTORY does not warrant or make any claims concerning the accuracy, likely results, or reliability of the use of the materials and features of the SOFTWARE or otherwise relating to such materials or on any sites linked to this site.
In no event shall DIGGLERZ FACTORY or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to SAAS SERVICE interruption) arising out of the use or inability to use the SOFTWARE through the SAAS SERVICE, even if DIGGLERZ FACTORY or a DIGGLERZ FACTORY authorized representative has been notified orally or in writing of the possibility of such damage.
DIGGLERZ FACTORY also offers yearly payments. Switching to yearly payments can be done from the SUBSCRIPTION management. Yearly payments are non-refundable once paid.
In case of recurring SUBSCRIPTION and in accordance with Article L.441-6 of the Commercial Code, if fees are not paid in the following 14 days of the due date, DIGGLERZ FACTORY has the right to change back the SUBSCRIPTION to the Free SUBSCRIPTION and apply any implied limitation to the ACCOUNT and use of the SOFTWARE.
When subscribing to a Paid SUBSCRIPTION, or adding a payment method, the user must ensure the email address provided for the ACCOUNT is valid, able to receive emails from us, and that emails delivered to that email inbox are read by the user (eg. paid invoices or unpaid invoice notifications).
The Paid SUBSCRIPTION shall be used by legal entities only (businesses and non-profits). It should not be purchased by private individuals, though they can still use the Free SUBSCRIPTION.
By adding a payment method to his ACCOUNT, the CLIENT consents to be charged for any active paid SUBSCRIPTION. We will automatically attempt to pay any past and present unpaid invoices on the ACCOUNT when a new payment method is added, using that new payment method. No fees will be incurred for Free SUBSCRIPTION even if a card is registered on the ACCOUNT.
You will receive notice of the suspension which will take place immediately.
The CLIENT has the right to terminate their ACCOUNT through the Account page availabled when Signed In.
Reproduction of content, in part or in whole is prohibited without authorization from DIGGLERZ FACTORY. Quoted marks are trademarks of their respective holders.
DIGGLERZ FACTORY guarantees (i) that the SOFTWARE is original and (ii) that it holds all intellectual property rights to the SOFTWARE, subject to any SOFTWARE modules having an “Open Source” license.
Support and additional services
DIGGLERZ FACTORY provides support relating to the use of the SOFTWARE through the SAAS SERVICE in French and English, by electronic mail for the benefit of the USER or by using the Contact Us page.
The cost of this benefit is fully included in the paying SUBSCRIPTION. USER that currently owns no paying SUBSCRIPTION will receive a "best effort" support.
At the request of the CLIENT, DIGGLERZ FACTORY can perform additional services (advice, support, configuration, training, etc.), other than those explicitly included in the SAAS SERVICE. Any additional services to be performed by DIGGLERZ FACTORY must be the subject to a quotation from DIGGLERZ FACTORY and a written and express acceptance from the CLIENT before being carried out by DIGGLERZ FACTORY. These services are invoiced separately, in addition to the SUBSCRIPTION.
Changes and updates
The materials and features of the SOFTWARE could include technical or contents errors. DIGGLERZ FACTORY does not warrant that any of the materials or features on the SOFTWARE are accurate, complete, or current. DIGGLERZ FACTORY reserves the right to make changes to the materials or features contained on the SOFTWARE at any time without notice. DIGGLERZ FACTORY does not, however, make any commitment to update the materials or features.