TERMS OF USE

Definitions

CLIENT

You or the entity you are representing.

SOFTWARE

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.

PLATFORM

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.

KAPSULE

A KAPSULE is a one-file package. You can build and configure this from your data. You can download and integrate it into any application that handles the chosen technology (currently JavaScript, though others may be added in the future).

ACCOUNT

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.

SUBSCRIPTION

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.

SAAS SERVICE

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.

TERMS OF USE

The full content of these Terms of Use.

PRIVACY POLICY

The full explanation and engagements listed in the Privacy Policy page.

Preamble

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.

DIGGLERZ Factory may revise these TERMS OF USE at any time without notice. By using this SOFTWARE you are agreeing to be bound by the then current version of these TERMS OF USE.

Governing Law

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.

Accessibility

Any use of the SOFTWARE through SAAS SERVICE is subject to the creation of an ACCOUNT. Creation of the ACCOUNT is free. The CLIENT completes the form and creates AUTHENTICATION DATA, in compliance with this TERMS OF USE and PRIVACY POLICY. If you forget your AUTHENTICATION DATA identifier, it is sent by e-mail to the address indicated when creating the ACCOUNT. The ACCOUNT is activated after sending an email to the email address specified by the customer during registration.

Limitations of Use

TERMS OF USE include the right to use the SOFTWARE , in a non-exclusive and non-transferable manner. and may not be sub-licensed, assigned, transferred or made available to a third party, free of charge or paid, in any practical or legal manner whatsoever. The SAAS SERVICE and the SOFTWARE are intended to be used:

  1. 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.
  2. only for the processing of the CLIENT's professional Data under the terms strictly defined in this Article.

Any modification or attempt by the CLIENT to modify the terms of access or use of the SOFTWARE or the SAAS SERVICE (access to the SAAS SERVICE through any mean not authorized nor expected for by DIGGLERZ FACTORY, unauthorized limitations abuse regarding the SUBSCRIPTION) or any use of the SOFTWARE or SAAS SERVICE under conditions not provided for in TERMS OF USE without the prior written consent of DIGGLERZ FACTORY represents a considerable danger to the continuity of DIGGLERZ FACTORY's business whose intellectual property in the SOFTWARE constitutes an essential asset. Consequently, any modification or attempt to modify the terms of use of the SAAS SERVICE, the SOFTWARE or the PLATFORM, whether voluntary or not, by the CLIENT is deemed to constitute a sufficiently serious breach on the part of the CLIENT which entails the right of DIGGLERZ FACTORY to suspend immediately and automatically the SAAS SERVICE for the CLIENT (Art. 1219 [new] Civil Code) upon the date of information to this effect by DIGGLERZ FACTORY to the CLIENT through an Email.

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)

Liability

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.

Billing

DIGGLERZ FACTORY is offering free and paid services. Default SUBSCRIPTION when creating the ACCOUNT is free. All other SUBSCRIPTIONS or services may be subject to fees. Fees are pre-paid every 1st of the month. All Fees are non-refundable, i.e. there are no refunds or credits for periods where the CLIENT did not use an paying SUBSCRIPTION or service, used it only partially, or deactivated the ACCOUNT or terminated these TERMS OF USE during an ongoing payment interval.

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.

Termination

DIGGLERZ FACTORY reserves the right to suspend or delete an account that does not comply with TERMS OF USE.

DIGGLERZ FACTORY reserves the right to suspend or delete an account without liability if (i) the CLIENT does not give us access to any information we could use to conduct a reasonable investigation of any suspected violation of the TERMS OF USE, (ii) the ACCOUNT is under an attack or being used by a third party without your agreement, (iii) we are forced by government agency or law to suspend your account according to misuse as described in section Limitations , or (iv) any event that could lead us to suspend your SaaS Service to protect our other customer or our hardware.

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.

Property

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.

The TERMS OF USE, in particular the right to use the SOFTWARE granted to the CLIENT, apply to any update or new version installed by DIGGLERZ FACTORY on the PLATFORM.

Terms of Linking

If you would like to link to this SAAS SERVICE, or any other DIGGLERZ FACTORY SAAS SERVICE, you must comply with the following guidelines:

  1. Do not incorporate any of the SOFTWARE content (with the exception of the KAPSULE itself, which is a product of the SOFTWARE), into your web site (e.g., by in-lining, framing or creating other browser or border environments around SOFTWARE content). You may only link to this SAAS SERVICE, or any other DIGGLERZ FACTORY SAAS SERVICE, by providing an underlined, textual link from your Web site to the home page of that DIGGLERZ FACTORY SAAS SERVICE (an “Authorized Link”). For example, www.kapsule.ai is the only Authorized Link to DIGGLERZ FACTORY SAAS SERVICE. “Home Page” means the introductory or main web page of a Web site, typically serving as a table of contents for the site. No other link to any DIGGLERZ FACTORY SAAS SERVICE is permitted without the express, prior written approval of DIGGLERZ FACTORY.
  2. You may not present an Authorized Link to any DIGGLERZ FACTORY SAAS SERVICE home page in a manner that suggests DIGGLERZ FACTORY has any relationship or affiliation with your site or endorses your site, products or services.
  3. Your site must not present false information about DIGGLERZ FACTORY, its products or services.
  4. You may not use any of DIGGLERZ FACTORY's materials (names, logos, designs, slogans, trademarks or service marks, ..) or any other words or codes identifying any DIGGLERZ FACTORY SAAS SERVICE in any "metatag" or other information used by search engines or other information location tools to identify and select sites, without DIGGLERZ FACTORY's express, prior written permission for a particular use.
  5. Your site must not contain content that could be construed as distasteful, offensive or controversial.
  6. DIGGLERZ FACTORY prohibits unauthorized links to its Web sites and the framing of any information contained on its sites, or any portion of its sites, without the express, prior written approval of DIGGLERZ FACTORY's. Furthermore, you may not archive, cache, or mirror any DIGGLERZ FACTORY SAAS SERVICE page or portions of a Web page. DIGGLERZ FACTORY reserves the right to disable any unauthorized links or frames. DIGGLERZ FACTORY hereby disclaims all liability for any material on other Web sites that may contain links to this Site.
  7. If you would like to use, reprint, frame, or redistribute any content on any DIGGLERZ FACTORY other than as permitted herein, you must request permission using Contact Us page. Please include: (a) your identity; (b) the identity of your company; (c) the Web site address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or Web page(s) of this Web site which you would like to use.