General Conditions of Use of the KILIBA website
1. Legal information
1.1. The website accessible at the following address: https: //www.kiliba.com/ (hereinafter the "Site") is published and produced by KILIBA, a Société par Actions Simplifiée (simplified joint stock company) with share capital of €30,625, registered with the Nanterre Trade and Companies Register under number 846 615 131, with the following intracommunity VAT number: FR 07841615131 and whose registered office is located at 127 rue d'Aguesseau, Boulogne-Billancourt (92100) (hereinafter the "Company").
1.2. The Company can be contacted by e-mail at the following address: support@kiliba.com or / and by telephone at the following number: +33(0)9 73 01 98 22.
1.3. The publication directors are Mr. Amaury HUG DE LARAUZE, in his capacity as Chairman of the Company, and Mr. Arnaud BECKER, in his capacity as Managing Director of the Company.
1.4. The Site is hosted by Webflow Inc. at the following address: 398 11th Street, 2nd Floor, San Francisco, CA 94103, United States.
1.5. Webflow may be contacted by e-mail at the following address: support@webflow.com or / and by telephone at the following number: +1 415-964-0555.
2. Acceptance of terms of use
2.1. The purpose of this document is to define the terms and conditions (hereinafter the "General Terms of Use" or "GTU") under which the Company makes it possible for users (hereinafter the "Users") to browse and use the Site.
2.2. Use of the Site implies full and unreserved acceptance of these GTU.
3. Use of the site
3.1. Prior to any use of the Site, the User must ensure that he/she has the technical and IT resources required to browse and use the Site. They must also ensure that their computer configuration is in good working order and free of viruses.
3.2. The Company reserves the right to modify, revise, delete, validate or change, in whole or in part, any content (hereinafter the "Content(s)") appearing on or displayed on the Site.
3.3. The Company may delete, change or modify the Site and/or the Content at any time.
4. User obligations
4.1. By using the Site, Users agree:
- to refrain from using the Site illegally, for any illegal purpose or in a manner incompatible with these TOS;
- not to use the Site for the publication of abusive, defamatory, harassing, libellous, obscene, pornographic or threatening statements, and/or infringing on the privacy of others ;
- not to sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the elements, information and Contents appearing on the Site and/or allow any third party to use or have access to the Site for any purpose whatsoever or to decompile, reverse engineer, disassemble, modify, display in a form readable by the User, attempt to discover any source code or use any software activating or comprising any part of the Site;
- to respect other Users;
- not to collect and store personal data relating to other Users, for any purpose;
- not to disseminate any content that may constitute incitement to commit a crime or offence; incitement to discrimination or racial hatred, and more generally that may be contrary to the laws and regulations in force, to the present rules of use, and to public morality and order;not to disseminate information of an ideological, religious, political or ethnic nature;
- not to disseminate content likely to endanger minors, in particular messages of a violent or pornographic nature;
- not to attempt to mislead other Users by usurping the name or pseudonym of others;
- not to post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, intellectual property right or other proprietary right belonging to another;
- not to post, e-mail or otherwise transmit any unsolicited or unauthorized advertising or promotional material (including spamming or any other form of solicitation);
- not to misuse the Site by deliberately introducing viruses or any other malicious programs, and not to attempt to gain unauthorized access to the Site;
- not to disparage the Site and/or the Company and/or other Users on social networks or any other means of communication.
4.2. If, for any reason whatsoever, the Company considers that Users are in breach of these GCU, it may, at any time and at its sole discretion, remove their access to the Site and take any measures, including legal action, against them.
5. Accuracy and legality of information
5.1. Each User undertakes to ensure that all information provided, in particular information concerning him/herself, is adequate, accurate, up-to-date and complete. To this end, he/she undertakes to update it regularly.
5.2. The User acknowledges that the Company does not have the material means to verify the accuracy of all information on the Site.
5.3. The Company cannot therefore be held responsible in the event of identity theft, or if the information provided is false or misleading.
5.4. Nor does the Company guarantee the timeliness, lawfulness, probity or quality of information transmitted by Users.
6. Intellectual property
6.1. By accessing the Site, Users expressly acknowledge that the Site and the Content made available to Users, in particular images, photographs, designs, graphics, drawings, models, layouts, logos, trademarks, texts, etc., are the exclusive property of the Company and are protected by the French Intellectual Property Code and by applicable international treaties and agreements relating to the protection of intellectual property rights. As such, they may not be reproduced without the express authorization of the Company, under penalty of civil and criminal prosecution.
6.2. The Company is the sole owner of all rights, titles and interests in and to the Site and the Content, including all intellectual property rights, including, without limitation, all rights relating to copyright, design rights, trademarks, trade names, company names, domain names, technology, know-how, processes, formulas, source codes and executable codes, data and similar rights, including information relating to any application, registration or renewal thereof which may be protected by the intellectual property laws, regulations or rules of any country.
6.3. The Company grants a non-exclusive license to Users to use the Site and the Content strictly in accordance with these GCU.
6.4. Any reproduction, representation, adaptation, exploitation, distribution, broadcasting, commercial use, translation, arrangement, transformation or any creation of derivative or composite works of all or part of the works and/or any other Content appearing on the Site on any medium whatsoever and by any process whatsoever, now or in the future, is expressly prohibited. Such actions are liable to constitute acts of counterfeiting, punishable under criminal and civil law, and to engage the liability of their author.
6.5. Systematic and repeated extraction of information and Content from the Site is strictly prohibited and punishable under intellectual property law and sui generis database law. Any illicit extraction may incur the civil and criminal liability of its author.
7. Liability
7.1. The Company declines all responsibility for any damage resulting from fraudulent intrusion by a third party, beyond its control, leading to modification or alteration of the information/Content appearing on the Site or causing prejudice to any User of this Site; and more generally for any damage, whatever the cause, origin, nature or consequences, caused by anyone's access to the Site or inability to access it, beyond its control.
7.2. The Company cannot under any circumstances be held responsible for technical problems or failures related to telephone networks, online computer systems, servers, Internet access providers, computer equipment and/or Users' software.
8. Links
8.1. The hypertext links established on the Site to other Internet sites or other Internet sources or content (hereinafter the "External Sources") shall not incur the liability of the Company.
8.2. Insofar as the Company cannot control these External Sources, the User acknowledges that the Company cannot be held responsible for the availability of these External Sources, and cannot bear any responsibility for the content, advertising, products, services or any other material available on or from these External Sources.
9. Trademark information
9.1 "KILIBA" and all trademarks and logos belonging to the Company are trademarks protected by French intellectual property law (hereinafter collectively referred to as the "Trademarks"). Unless expressly authorized in writing by the Company, the User undertakes not to use or distribute the Trademarks in any way whatsoever. This prohibition extends to all signs reproducing the Company's Trademarks, such as, but not limited to: corporate names, trade names, brand names, domain names, designs or models, etc.
10. Protection of personal data
10.1. The provisions relating to the protection of personal data are set out in the Privacy Policy available on the Site.
11. Applicable law and jurisdiction
11.1. These TOU are governed by and construed in accordance with French law, without regard to applicable conflict of law regulations.
11.2. In the event of any dispute arising out of or in connection with the interpretation and/or performance of these TOU, the competent courts shall be those designated in the Code of Civil Procedure.
12. Language
12.1. These GCU are written in French. In the event that they are translated into one or more foreign languages, only the French version will be deemed authentic in the event of a dispute.
13. Contact
13.1. The Company may be contacted at any time by e-mail at the following address: support@kiliba.com
13.2. The Company may be contacted by post at the following address: 127 rue d'Aguesseau, Boulogne-Billancourt (92100)
13.3. The Company can also be contacted by telephone at the following number: +33(0)9 73 01 98 22.
General Conditions of Use of the KILIBA application
1. Preamble
The purpose of the KILIBA Service (hereinafter referred to as "the Service") is to provide the Customer, acting exclusively for his professional needs (hereinafter referred to as the "User"), with a plug-in and a platform enabling the automated sending of e-mails in consideration of various predefined scenarios, compatible with third-party CMS solutions (PrestaShop©, Adobe Commerce©, ...).
The purpose of these General Terms and Conditions of Service (hereinafter referred to as the "GTCS") is to describe the conditions under which the Company makes the Service available to the User. By creating an account and using the Service, the User declares that he/she accepts these GCU and the associated Data Processing Policy (hereinafter referred to as the "DPP"), and acknowledges that use of the Service is subject to compliance with these GCU.
2. Definitions
For the purposes of these GCU, capitalized terms shall have the meaning ascribed to them below, i.e. :
Databases: refers to all databases belonging to the User and hosted by Third-Party Platforms.
GCU: refers to the present General Terms and Conditions of Use of the KILIBA Service applicable to Users, which must be accepted when creating a User Account or in the event of subsequent modification, and which govern the use of the Service by the User.
Contract: means the entire contract between the Customer and the Company, consisting of (i) the CP, (ii) the GCU and (iii) the PTD.
CP: refers to the Special Conditions of Contract.
Members: refers to the clients or prospects of the Users who have an account within their Third Party Platform.
User Account: refers to the account enabling the User to use the Service and consult the Platform, accessible by means of a login and password.
Intellectual Property Rights: refers to all intellectual property rights as provided for by the Intellectual Property Code and international conventions and, in particular, copyrights, neighbouring rights of performers and sound and video producers, trademark rights, design rights, patents, trade names (including Internet domain names), know-how, whether registered or not.
Platform: means the Kiliba Internet platform accessible at https://app.kiliba.com/ and allowing the management of the use of the Kiliba Plug-in.
Third-Party Platforms: refers to the CMS platforms with which the KILIBA Plug-in interfaces to enable use of the Service. Third-Party Platforms are not edited or managed by the Company.
PTD: refers to the conditions for the processing of personal data by the Company in connection with the use of the Service, accepted by the User when creating his/her User Account.
Plug-in: means the module to be installed by the User on the Third Party Platform to benefit from the Service.
Service: refers to the KILIBA service that provides Users with an automated e-mail service interfaced with the
Third-party platform they use.
E-commerce Site: refers to the User's online sales website using a Third-Party Platform to sell products or services to Members.
Société /Société KILIBA: refers to the company KILIBA, publisher of the Kiliba software, a simplified joint stock company with share capital of €30,625, whose registered office is located at 127-129, rue d'Aguesseau - 92100 Boulogne-Billancourt, registered with the Nanterre Trade and Companies Register under number 841 615 131.
User: designates the Customer, whose contact details appear in the CP, a natural and/or legal person, acting exclusively for professional purposes, who accepts the present GCU and uses the KILIBA Service.
3. Object
The purpose of these GCU is to define the terms and conditions for the provision of the KILIBA Service, as well as the conditions under which Users are authorized to use the Service to automate the sending of e-mails to their Members registered on the Third-Party Platform they use.
The GTU determine all the steps necessary for registration, the creation of the User's Account, the use of the Service by the User and the pricing of the Service. The GCU are supplemented (for the User's information) by a Data Processing Policy which determines the conditions under which the personal data of Users and Members are processed by KILIBA within the framework of the Service.
4. Entry into force and enforceability
These GCU are enforceable against the User as soon as he accepts them when creating his User Account and for the duration of his use of the Service. The User may consult and print the GTU and the PTD from the following links:
For terms and conditions: https: //www.kiliba.com/cgu
For PTD: https: //www.kiliba.com/politique-de-confidentialite-app
The Company reserves the right to make any changes to these GTU and to the PTD that it deems useful and necessary, in particular in consideration of any legal, jurisprudential or technical developments. In the event of modification of the GCU and/or the PTD, the User will be invited to read and accept the latest versions of the GCU and/or the PTD one (1) month before they come into force. If the User refuses, he/she may close his/her User Account on the Platform.
5. Registration and identification of Users
5.1. Creation of the User Account
In order to use the Service, the User must register on the Platform by filling in all the mandatory fields on the registration form via the "Create my account" button, and by accepting the GCU and the TPD by ticking a box. The User must also provide an email address and password for registration and connection to the Platform.
The User receives an e-mail in his personal mailbox giving him a URL, which allows him to complete his registration and confirm his identity. In the event that the User provides information that is false, inaccurate, out of date, incomplete, misleading, or constitutes identity theft, the Company may immediately suspend or terminate the User's Account and deny the User access to the Service, temporarily or permanently.
The User's identifiers are strictly personal and confidential. Consequently, the User undertakes to keep them secret and not to disclose them in any form whatsoever. Any access to the Platform using the User's identifiers will be deemed to have been made by the User or with the User's authorisation, unless the User is able to demonstrate that his/her User Account has been hacked.
If the User's login details are lost or stolen, the User must inform the Company without delay, which will then proceed to cancel and/or update the relevant login details immediately.
5.2 Registration for professionals only
Registration for the Service is reserved for natural persons of legal age or legal entities acting for their professional needs, operating an e-commerce Site and having the status of trader.
5.3. Connection to the Third Party Platform
At the end of the process of creating a User Account, the User will be able to download and connect the Kiliba Plug-in to the Third Party Platform that he uses for his e-commerce Site.
The connection of the Plug-in implies the initial loading of the data from the Databases on the Platform. Depending on the amount of data contained in its Databases, the first connection of the Plug-in may cause temporary slowdowns or unavailability of the E-commerce Site, until the end of the initial loading process of the Platform, of which the User declares to be informed and to be personally responsible.
6. Use of the Service
6.1. Scenarios
The Service allows the User to automate the sending of emails to its Members by choosing different scenarios. The various possible scenarios allow, in particular, without this list being restrictive, to send to the Members emails:
- informing them of product promotions ;
- offering them products similar or related to those they have consulted or purchased on the User's e-commerce site;offering them new products for sale on the User's e-commerce site;offering them the opportunity to complete an abandoned order;
- etc.
The User is free to set up, activate and deactivate the various e-mail workflows available through the Platform.
6.2. Workflow parameters
For each scenario, the User is able to set the format of the e-mails that will be sent automatically by the Service, and in particular to add his contact details, logo, etc.
To this end, the User can define the content of the e-mails he wishes to send using the Service, and in particular generate content automatically by means of an assistant using Artificial Intelligence to design content more easily.
Before activating the scenario, it is the User's responsibility to check the format of e-mails and the information contained therein, and in particular to ensure that content generated using the Artificial Intelligence function does not contain erroneous, misleading or deceptive information likely to mislead Members.
Access to the Service and payment for the Subscription do not include any assistance, configuration or training services provided by KILIBA. The User wishing to benefit from specific support in installing, activating, configuring or using the Service may, however, order support services directly from KILIBA, which will be subject to prior quotation.
6.3. Scenario activation
After setting up a scenario, the User can activate it by means of the corresponding button.
The scenario then appears as active on the Platform.
The User is informed that, as long as he/she does not deactivate a scenario, it remains operational without any time limit, and carries out the sending of e-mails in accordance with the parameters determined at the time of its activation.
To this end, the Service regularly collects and processes the data contained in the User's databases, to identify new products, products consulted, promotions, etc., and to send e-mails containing the information collected.
Consequently, e-mails sent via the Service are not moderated and contain exclusively data from the User's databases, as well as information and content created by the User or generated using the Artificial Intelligence function. It is therefore the User's responsibility to ensure, prior to activating one or more scenarios, that the data contained in his or her Databases :
- are accurate and do not contain any errors or omissions (in particular as regards their wording, description, price, availability, illustration, etc.);
- do not contain any content that is defamatory, insulting, rude, racist and/or pornographic, infringing on privacy and/or constituting an attack on individuals, contrary to public order, public decency or human dignity (apology for crimes against humanity, incitement to racial hatred, child pornography, etc.);
- do not infringe the copyrights, patents, trademarks, trade secrets or other Intellectual Property Rights of any third party natural or legal person.
6.4. Management of Members' e-mail addresses
When a scenario is activated, the Service collects the e-mail addresses of the Members in the User's database in order to send them e-mails in accordance with the parameters defined by the User.
In this respect, the User is reminded that it is his responsibility to ensure that the Members concerned have accepted and expressly authorised the use of their e-mail addresses for the purpose of receiving advertising messages (opt-in).
It is also the User's responsibility to regularly check its Databases, to update them and, in particular, to ensure that Members who have expressed their intention to no longer receive commercial e-mails from it are removed from its Databases.
To this end, the User is reminded that he/she has a tool on the Platform that allows him/her to load the list of Members who do not wish to receive commercial communication by e-mail.
7. Availability of the Service
The Platform can be accessed at https://app.kiliba.com/login using a fixed (PC/Mac) or mobile (Android/Apple) terminal connected to the Internet. It is the User's responsibility to ensure that they have the necessary technical requirements for optimal use of the Platform. The cost of accessing and browsing the Platform, as well as all costs relating to the operation of the User's e-commerce Site, shall be borne exclusively by the User, who accepts this.
The KILIBA Plug-in is downloaded and installed directly via the Third-Party Platform used by the User's e-commerce Site.
The Company reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the Platform and, more generally, to the Service, in particular for maintenance and upgrading operations necessary for the proper functioning of the Service and related materials, or for any other reason, in particular relating to an unforeseeable breakdown, whatever the cause, without the User having any recourse against the Company.
Insofar as possible, the Company endeavors to give Users advance notice of interruptions or stoppages affecting the Service. However, the Company cannot be held responsible for any technical problems or incidents that may arise and lead to the loss of User data or the temporary or permanent unavailability of the User's e-commerce site. It is the User's responsibility to make regular backups of the data making up his e-commerce Site and Databases, and to ensure that the resources allocated by his hosting provider (storage, bandwidth, etc.) are sufficient for the execution and operation of the KILIBA Plug-in. In the event of doubt as to the prerequisites necessary for the operation of the Service, the User may send an e-mail to the support department at support@kiliba.com.
The KILIBA Plug-in may be subject to regular updates, in particular in consideration of updates made by the publishers of Third-Party Platforms, in order to ensure the interoperability of the KILIBA Service with said Platforms. In this respect, it is the User's responsibility to regularly update the Plug-in installed, in order to limit the risks of malfunction or interruption of the KILIBA Service.
8. Subscription - Duration
8.1. Subscription
Use of the Service implies payment of a subscription fee (the "Subscription"), the amount of which is determined in consideration of a maximum number of Member contacts appearing in the User's Databases, as defined in the CPs. The prices set out in the CP are exclusive of tax and per month. These prices are increased by value-added tax (VAT) at the rate in force where applicable. Any other tax, duty or service payable in application of French or international regulations shall be borne by the User.
8.2. Duration of the Subscription
The Subscription is taken out by the User on signing the Contract for the Period defined in the CP, commencing on the Subscription effective date and renewable by tacit agreement for successive Periods of the same duration, unless the Contract is terminated directly on the Platform or by registered letter with acknowledgement of receipt presented for the first time or received by the Company with at least one (1) month's notice prior to the expiry of the current Period.
8.3. Payment of the Subscription
Payment of the Subscription is made monthly by credit card, using the Stripe© service.
8.4. Bearing change
The User's Subscription is automatically increased or decreased in accordance with the current price list(https://www.kiliba.com/tarifs) for each Period, taking into account the maximum number of Members in the User's Databases for the previous Period. In the event of a change of tier, the User will be informed by e-mail.
8.5. Invoicing - Default of payment
Invoices issued by the Company are sent to the User by e-mail.
In the event that the User's payment method is rejected, access to the Service will be suspended immediately and without delay, until the User has paid the fee in full.
Failure by the User to comply with its payment obligations, or any delay, shall automatically incur, without formal notice, late payment interest calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, in addition to a fixed indemnity of €40 for collection costs. This indemnity does not cover any legal costs, which shall be borne by the User.
8.6. Termination of the Subscription
Termination of the Subscription results in the unavailability of the Platform at the end of the current Period and the deletion of all data under the conditions set out in the PTD, in compliance with KILIBA's legal obligations.
9. Intellectual Property
9.1. Ownership of the Platform and the Plug-in
The Company is the exclusive owner of all the rights attached to the structure of the Platform and the Plug-in, as well as to their contents, including, but not limited to, source codes, object codes, texts, logos, information, analyses, images, photographs, graphic design, sound elements, software, icons, layout, databases, videos or any other data composing them.
The present GTC grant the User a personal, temporary, non-transferable and non-exclusive licence to use the Service, which cannot be construed as the transfer of an Intellectual Property Right on the Platform and/or the Plug-in, their structure and their content, which remain the full and complete property of the Company.
Consequently, the User shall refrain from any action and any act likely to directly or indirectly infringe the Intellectual Property Rights held by the Company on the Platform and the Plug-in, their structure and their contents as well as, in general, on the associated trademarks. In this respect, any reproduction and/or representation, in whole or in part, of these rights without the Company's express authorisation shall constitute an infringement of the Company's Intellectual Property Rights, which may give rise to civil and/or criminal liability on the part of its author.
9.2. The Company's rights to the User's data, logos and trademarks
In order to enable the Service to function, the User hereby grants the Company a non-exclusive, free, transferable, sub-licensable and worldwide licence to use all the data contained in its Databases and published on its e-commerce Site, for the duration of the use of the Service by the User.
This licence authorises the Company to use the User's data for the operation of the Service, and in particular to transfer it, save it, modify its format, incorporate it into advertising communications, highlight it, distribute it, disseminate it by e-mail, etc.
In addition, the User grants the Company a non-exclusive, free, transferable, sub-licensable and worldwide licence to use its trademarks and logos, in particular to allow their use in the context of the Service and for commercial reference purposes.
9.3. Third-party platforms
The use of the Service and the payment of the Subscription do not confer any right to use the third-party Platforms or any associated services.
It is the User's responsibility to ensure that he/she has the rights to use the third-party Platforms and associated services from their respective publishers.
10. Personal data
The conditions for collecting and processing personal data and the procedures for exercising the rights of Users and Members concerning their personal data are detailed in the PTD, which can be accessed at the following address https://www.kiliba.com/politique-de-confidentialite-app.
11. Cookies
The provisions relating to the use of cookies on the Platform are set out in the PTD, which can be accessed at the following address https://www.kiliba.com/politique-de-confidentialite-app
12. Responsibility
The Company does not offer any guarantee of continuity of the Service insofar as it is only bound by an obligation of means. In this respect, the Company does not guarantee error-free and uninterrupted operation of the Service, nor the accuracy or updating of its content, as the Service is provided "as is".
The Company may modify the content and functionalities of the Service without prior notice, without incurring any liability. Furthermore, the Company may not be held liable in the event of temporary or total unavailability of all or part of the Service, of difficulties linked to response time or, more generally, of a performance defect.
The Platform may contain hyperlinks to third party websites. The latter are not under the control of the Company, which cannot be held responsible for the availability of these external sources and the content of these linked sites. The Company provides these links as a convenience, which does not imply any affiliation, sponsorship or recommendation of the linked sites in question. Consequently, the Company shall not be held responsible for any damage, proven or alleged, resulting from the consultation of external sites and sources by the User.
The Company cannot be held responsible for the content of e-mails sent to Members when a scenario is activated, including when this content has been generated in whole or in part using the Artificial Intelligence function made available to the User. In this respect, the User undertakes to ensure the legality, relevance and absence of erroneous, misleading or deceptive information, likely to mislead Members, in e-mails sent via the Service and, more generally, to comply with the provisions of articles L.122-8 et seq. of the French Consumer Code.
The Company shall not be held liable for any damage suffered by any User, Member or third party resulting directly or indirectly from the contents of e-mails sent through the Service.
The Company cannot be held responsible for any malfunction of the Service which would result from a temporary or definitive unavailability of the Third Party Platform, an update of the Third Party Platform, or, more generally, a case of force majeure.
The Company shall in no event be liable for any indirect damage resulting from the use of the Service, including but not limited to
- any loss of profits and/or turnover,
- any loss or corruption of data or data recovery,
- any loss of customers,
- any breach of security resulting from the failure of a third party communication service and/or the internet network.
The User is responsible for the consequences of any breach of these TOS. Also, in the event of violation of the conditions of use of the Service or in the event of misuse of the Service (in particular for sending spam), the Company reserves the right to suspend the User's access to the Service or to terminate it with immediate effect, it being specified that the Subscription for the current Period will not be refunded.
13. Applicable Law and Jurisdiction
The present GTU are governed by French law. Any possible dispute relating to the interpretation or execution of the GTU, failing amicable resolution thirty (30) days after the sending of a first registered letter, will be submitted to the jurisdiction of the Commercial Court of Nanterre.
The nullity, in whole or in part, of any of the provisions of these GCU under the terms of a legal or regulatory provision, or a court decision that has become final, does not entail the nullity of the other provisions or the part of the provision not affected by nullity. The latter will be replaced by other valid stipulations which, in view of their scope, are as close as legally possible to the stipulations declared null and void.
In the event of any contradiction between the terms of these GCU and those of the CP, the CP shall prevail.
14. Legal notice
The Kiliba Service is published and operated by KILIBA, a Société par Actions Simplifiée (simplified joint stock company) with capital of €30,625, whose registered office is located at 127-129, rue d'Aguesseau - 92100 Boulogne-Billancourt, France, registered with the Trade and Companies Registry under the unique identification number 841 615 131 R.C.S. NANTERRE.
Contact: support@kiliba.com
VAT NUMBER: FR07841615131
Publication managers: Arnaud Becker and Amaury de Larauze
Platform hosts :
- Amazon Web Services EMEA, foreign company
RCS Nanterre: 831 001 334
Postal address: L 1855 38, avenue John F. KENNEDY
Luxembourg
Email address: aws-EU-privacy@amazon.com
Accommodation in Sweden: Stockholm eu-north-1
- OVH, Simplified joint stock company
Share capital: €10,174,560
Lille Trade and Companies Register: 424 761 419
Postal address: 2 rue Kellermann, 59100, Roubaix, France
Email address: sales@ovh.net
Accommodation in France: Gravelines
15. Language
These GCU are written in French. Should they be translated into one or more foreign languages, only the French version will be deemed authentic in the event of a dispute.
1. Preamble
The purpose of the KILIBA Service (hereinafter referred to as "the Service") is to provide the Customer, acting exclusively for his professional needs (hereinafter referred to as the "User"), with a plug-in and a platform enabling the automated sending of e-mails in consideration of various predefined scenarios, compatible with third-party CMS solutions (PrestaShop©, Adobe Commerce©, ...).
The purpose of these General Terms and Conditions of Service (hereinafter referred to as the "GTCS") is to describe the conditions under which the Company makes the Service available to the User. By creating an account and using the Service, the User declares that he/she accepts these GCU and the associated Data Processing Policy (hereinafter referred to as the "DPP"), and acknowledges that use of the Service is subject to compliance with these GCU.
2. Definitions
For the purposes of these GCU, capitalized terms shall have the meaning ascribed to them below, i.e. :
Databases: refers to all databases belonging to the User and hosted by Third-Party Platforms.
GCU: refers to the present General Terms and Conditions of Use of the KILIBA Service applicable to Users, which must be accepted when creating a User Account or in the event of subsequent modification, and which govern the use of the Service by the User.
Contract: means the entire contract between the Customer and the Company, consisting of (i) the CP, (ii) the GCU and (iii) the PTD.
CP: refers to the Special Conditions of Contract.
Members: refers to the clients or prospects of the Users who have an account within their Third Party Platform.
User Account: refers to the account enabling the User to use the Service and consult the Platform, accessible by means of a login and password.
Intellectual Property Rights: refers to all intellectual property rights as provided for by the Intellectual Property Code and international conventions and, in particular, copyrights, neighbouring rights of performers and sound and video producers, trademark rights, design rights, patents, trade names (including Internet domain names), know-how, whether registered or not.
Platform: means the Kiliba Internet platform accessible at https://app.kiliba.com/ and allowing the management of the use of the Kiliba Plug-in.
Third-Party Platforms: refers to the CMS platforms with which the KILIBA Plug-in interfaces to enable use of the Service. Third-Party Platforms are not edited or managed by the Company.
PTD: refers to the conditions for the processing of personal data by the Company in connection with the use of the Service, accepted by the User when creating his/her User Account.
Plug-in: means the module to be installed by the User on the Third Party Platform to benefit from the Service.
Service: refers to the KILIBA service that provides Users with an automated e-mail service interfaced with the
Third-party platform they use.
E-commerce Site: refers to the User's online sales website using a Third-Party Platform to sell products or services to Members.
Société /Société KILIBA: refers to the company KILIBA, publisher of the Kiliba software, a simplified joint stock company with share capital of €30,625, whose registered office is located at 127-129, rue d'Aguesseau - 92100 Boulogne-Billancourt, registered with the Nanterre Trade and Companies Register under number 841 615 131.
User: designates the Customer, whose contact details appear in the CP, a natural and/or legal person, acting exclusively for professional purposes, who accepts the present GCU and uses the KILIBA Service.
3. Object
The purpose of these GCU is to define the terms and conditions for the provision of the KILIBA Service, as well as the conditions under which Users are authorized to use the Service to automate the sending of e-mails to their Members registered on the Third-Party Platform they use.
The GTU determine all the steps necessary for registration, the creation of the User's Account, the use of the Service by the User and the pricing of the Service. The GCU are supplemented (for the User's information) by a Data Processing Policy which determines the conditions under which the personal data of Users and Members are processed by KILIBA within the framework of the Service.
4. Entry into force and enforceability
These GCU are enforceable against the User as soon as he accepts them when creating his User Account and for the duration of his use of the Service. The User may consult and print the GTU and the PTD from the following links:
For terms and conditions: https: //www.kiliba.com/cgu
For PTD: https: //www.kiliba.com/politique-de-confidentialite-app
The Company reserves the right to make any changes to these GTU and to the PTD that it deems useful and necessary, in particular in consideration of any legal, jurisprudential or technical developments. In the event of modification of the GCU and/or the PTD, the User will be invited to read and accept the latest versions of the GCU and/or the PTD one (1) month before they come into force. If the User refuses, he/she may close his/her User Account on the Platform.
5. Registration and identification of Users
5.1. Creation of the User Account
In order to use the Service, the User must register on the Platform by filling in all the mandatory fields on the registration form via the "Create my account" button, and by accepting the GCU and the TPD by ticking a box. The User must also provide an email address and password for registration and connection to the Platform.
The User receives an e-mail in his personal mailbox giving him a URL, which allows him to complete his registration and confirm his identity. In the event that the User provides information that is false, inaccurate, out of date, incomplete, misleading, or constitutes identity theft, the Company may immediately suspend or terminate the User's Account and deny the User access to the Service, temporarily or permanently.
The User's identifiers are strictly personal and confidential. Consequently, the User undertakes to keep them secret and not to disclose them in any form whatsoever. Any access to the Platform using the User's identifiers will be deemed to have been made by the User or with the User's authorisation, unless the User is able to demonstrate that his/her User Account has been hacked.
If the User's login details are lost or stolen, the User must inform the Company without delay, which will then proceed to cancel and/or update the relevant login details immediately.
5.2 Registration for professionals only
Registration for the Service is reserved for natural persons of legal age or legal entities acting for their professional needs, operating an e-commerce Site and having the status of trader.
5.3. Connection to the Third Party Platform
At the end of the process of creating a User Account, the User will be able to download and connect the Kiliba Plug-in to the Third Party Platform that he uses for his e-commerce Site.
The connection of the Plug-in implies the initial loading of the data from the Databases on the Platform. Depending on the amount of data contained in its Databases, the first connection of the Plug-in may cause temporary slowdowns or unavailability of the E-commerce Site, until the end of the initial loading process of the Platform, of which the User declares to be informed and to be personally responsible.
6. Use of the Service
6.1. Scenarios
The Service allows the User to automate the sending of emails to its Members by choosing different scenarios. The various possible scenarios allow, in particular, without this list being restrictive, to send to the Members emails:
- informing them of product promotions ;
- offering them products similar or related to those they have consulted or purchased on the User's e-commerce site;offering them new products for sale on the User's e-commerce site;offering them the opportunity to complete an abandoned order;
- etc.
The User is free to set up, activate and deactivate the various e-mail workflows available through the Platform.
6.2. Workflow parameters
For each scenario, the User is able to set the format of the e-mails that will be sent automatically by the Service, and in particular to add his contact details, logo, etc.
To this end, the User can define the content of the e-mails he wishes to send using the Service, and in particular generate content automatically by means of an assistant using Artificial Intelligence to design content more easily.
Before activating the scenario, it is the User's responsibility to check the format of e-mails and the information contained therein, and in particular to ensure that content generated using the Artificial Intelligence function does not contain erroneous, misleading or deceptive information likely to mislead Members.
Access to the Service and payment for the Subscription do not include any assistance, configuration or training services provided by KILIBA. The User wishing to benefit from specific support in installing, activating, configuring or using the Service may, however, order support services directly from KILIBA, which will be subject to prior quotation.
6.3. Scenario activation
After setting up a scenario, the User can activate it by means of the corresponding button.
The scenario then appears as active on the Platform.
The User is informed that, as long as he/she does not deactivate a scenario, it remains operational without any time limit, and carries out the sending of e-mails in accordance with the parameters determined at the time of its activation.
To this end, the Service regularly collects and processes the data contained in the User's databases, to identify new products, products consulted, promotions, etc., and to send e-mails containing the information collected.
Consequently, e-mails sent via the Service are not moderated and contain exclusively data from the User's databases, as well as information and content created by the User or generated using the Artificial Intelligence function. It is therefore the User's responsibility to ensure, prior to activating one or more scenarios, that the data contained in his or her Databases :
- are accurate and do not contain any errors or omissions (in particular as regards their wording, description, price, availability, illustration, etc.);
- do not contain any content that is defamatory, insulting, rude, racist and/or pornographic, infringing on privacy and/or constituting an attack on individuals, contrary to public order, public decency or human dignity (apology for crimes against humanity, incitement to racial hatred, child pornography, etc.);
- do not infringe the copyrights, patents, trademarks, trade secrets or other Intellectual Property Rights of any third party natural or legal person.
6.4. Management of Members' e-mail addresses
When a scenario is activated, the Service collects the e-mail addresses of the Members in the User's database in order to send them e-mails in accordance with the parameters defined by the User.
In this respect, the User is reminded that it is his responsibility to ensure that the Members concerned have accepted and expressly authorised the use of their e-mail addresses for the purpose of receiving advertising messages (opt-in).
It is also the User's responsibility to regularly check its Databases, to update them and, in particular, to ensure that Members who have expressed their intention to no longer receive commercial e-mails from it are removed from its Databases.
To this end, the User is reminded that he/she has a tool on the Platform that allows him/her to load the list of Members who do not wish to receive commercial communication by e-mail.
7. Availability of the Service
The Platform can be accessed at https://app.kiliba.com/login using a fixed (PC/Mac) or mobile (Android/Apple) terminal connected to the Internet. It is the User's responsibility to ensure that they have the necessary technical requirements for optimal use of the Platform. The cost of accessing and browsing the Platform, as well as all costs relating to the operation of the User's e-commerce Site, shall be borne exclusively by the User, who accepts this.
The KILIBA Plug-in is downloaded and installed directly via the Third-Party Platform used by the User's e-commerce Site.
The Company reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the Platform and, more generally, to the Service, in particular for maintenance and upgrading operations necessary for the proper functioning of the Service and related materials, or for any other reason, in particular relating to an unforeseeable breakdown, whatever the cause, without the User having any recourse against the Company.
Insofar as possible, the Company endeavors to give Users advance notice of interruptions or stoppages affecting the Service. However, the Company cannot be held responsible for any technical problems or incidents that may arise and lead to the loss of User data or the temporary or permanent unavailability of the User's e-commerce site. It is the User's responsibility to make regular backups of the data making up his e-commerce Site and Databases, and to ensure that the resources allocated by his hosting provider (storage, bandwidth, etc.) are sufficient for the execution and operation of the KILIBA Plug-in. In the event of doubt as to the prerequisites necessary for the operation of the Service, the User may send an e-mail to the support department at support@kiliba.com.
The KILIBA Plug-in may be subject to regular updates, in particular in consideration of updates made by the publishers of Third-Party Platforms, in order to ensure the interoperability of the KILIBA Service with said Platforms. In this respect, it is the User's responsibility to regularly update the Plug-in installed, in order to limit the risks of malfunction or interruption of the KILIBA Service.
8. Subscription - Duration
8.1. Subscription
Use of the Service implies payment of a subscription fee (the "Subscription"), the amount of which is determined in consideration of a maximum number of Member contacts appearing in the User's Databases, as defined in the CPs. The prices set out in the CP are exclusive of tax and per month. These prices are increased by value-added tax (VAT) at the rate in force where applicable. Any other tax, duty or service payable in application of French or international regulations shall be borne by the User.
8.2. Duration of the Subscription
The Subscription is taken out by the User on signing the Contract for the Period defined in the CP, commencing on the Subscription effective date and renewable by tacit agreement for successive Periods of the same duration, unless the Contract is terminated directly on the Platform or by registered letter with acknowledgement of receipt presented for the first time or received by the Company with at least one (1) month's notice prior to the expiry of the current Period.
8.3. Payment of the Subscription
Payment of the Subscription is made monthly by credit card, using the Stripe© service.
8.4. Bearing change
The User's Subscription is automatically increased or decreased in accordance with the current price list(https://www.kiliba.com/tarifs) for each Period, taking into account the maximum number of Members in the User's Databases for the previous Period. In the event of a change of tier, the User will be informed by e-mail.
8.5. Invoicing - Default of payment
Invoices issued by the Company are sent to the User by e-mail.
In the event that the User's payment method is rejected, access to the Service will be suspended immediately and without delay, until the User has paid the fee in full.
Failure by the User to comply with its payment obligations, or any delay, shall automatically incur, without formal notice, late payment interest calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, in addition to a fixed indemnity of €40 for collection costs. This indemnity does not cover any legal costs, which shall be borne by the User.
8.6. Termination of the Subscription
Termination of the Subscription results in the unavailability of the Platform at the end of the current Period and the deletion of all data under the conditions set out in the PTD, in compliance with KILIBA's legal obligations.
9. Intellectual Property
9.1. Ownership of the Platform and the Plug-in
The Company is the exclusive owner of all the rights attached to the structure of the Platform and the Plug-in, as well as to their contents, including, but not limited to, source codes, object codes, texts, logos, information, analyses, images, photographs, graphic design, sound elements, software, icons, layout, databases, videos or any other data composing them.
The present GTC grant the User a personal, temporary, non-transferable and non-exclusive licence to use the Service, which cannot be construed as the transfer of an Intellectual Property Right on the Platform and/or the Plug-in, their structure and their content, which remain the full and complete property of the Company.
Consequently, the User shall refrain from any action and any act likely to directly or indirectly infringe the Intellectual Property Rights held by the Company on the Platform and the Plug-in, their structure and their contents as well as, in general, on the associated trademarks. In this respect, any reproduction and/or representation, in whole or in part, of these rights without the Company's express authorisation shall constitute an infringement of the Company's Intellectual Property Rights, which may give rise to civil and/or criminal liability on the part of its author.
9.2. The Company's rights to the User's data, logos and trademarks
In order to enable the Service to function, the User hereby grants the Company a non-exclusive, free, transferable, sub-licensable and worldwide licence to use all the data contained in its Databases and published on its e-commerce Site, for the duration of the use of the Service by the User.
This licence authorises the Company to use the User's data for the operation of the Service, and in particular to transfer it, save it, modify its format, incorporate it into advertising communications, highlight it, distribute it, disseminate it by e-mail, etc.
In addition, the User grants the Company a non-exclusive, free, transferable, sub-licensable and worldwide licence to use its trademarks and logos, in particular to allow their use in the context of the Service and for commercial reference purposes.
9.3. Third-party platforms
The use of the Service and the payment of the Subscription do not confer any right to use the third-party Platforms or any associated services.
It is the User's responsibility to ensure that he/she has the rights to use the third-party Platforms and associated services from their respective publishers.
10. Personal data
The conditions for collecting and processing personal data and the procedures for exercising the rights of Users and Members concerning their personal data are detailed in the PTD, which can be accessed at the following address https://www.kiliba.com/politique-de-confidentialite-app.
11. Cookies
The provisions relating to the use of cookies on the Platform are set out in the PTD, which can be accessed at the following address https://www.kiliba.com/politique-de-confidentialite-app
12. Responsibility
The Company does not offer any guarantee of continuity of the Service insofar as it is only bound by an obligation of means. In this respect, the Company does not guarantee error-free and uninterrupted operation of the Service, nor the accuracy or updating of its content, as the Service is provided "as is".
The Company may modify the content and functionalities of the Service without prior notice, without incurring any liability. Furthermore, the Company may not be held liable in the event of temporary or total unavailability of all or part of the Service, of difficulties linked to response time or, more generally, of a performance defect.
The Platform may contain hyperlinks to third party websites. The latter are not under the control of the Company, which cannot be held responsible for the availability of these external sources and the content of these linked sites. The Company provides these links as a convenience, which does not imply any affiliation, sponsorship or recommendation of the linked sites in question. Consequently, the Company shall not be held responsible for any damage, proven or alleged, resulting from the consultation of external sites and sources by the User.
The Company cannot be held responsible for the content of e-mails sent to Members when a scenario is activated, including when this content has been generated in whole or in part using the Artificial Intelligence function made available to the User. In this respect, the User undertakes to ensure the legality, relevance and absence of erroneous, misleading or deceptive information, likely to mislead Members, in e-mails sent via the Service and, more generally, to comply with the provisions of articles L.122-8 et seq. of the French Consumer Code.
The Company shall not be held liable for any damage suffered by any User, Member or third party resulting directly or indirectly from the contents of e-mails sent through the Service.
The Company cannot be held responsible for any malfunction of the Service which would result from a temporary or definitive unavailability of the Third Party Platform, an update of the Third Party Platform, or, more generally, a case of force majeure.
The Company shall in no event be liable for any indirect damage resulting from the use of the Service, including but not limited to
- any loss of profits and/or turnover,
- any loss or corruption of data or data recovery,
- any loss of customers,
- any breach of security resulting from the failure of a third party communication service and/or the internet network.
The User is responsible for the consequences of any breach of these TOS. Also, in the event of violation of the conditions of use of the Service or in the event of misuse of the Service (in particular for sending spam), the Company reserves the right to suspend the User's access to the Service or to terminate it with immediate effect, it being specified that the Subscription for the current Period will not be refunded.
13. Applicable Law and Jurisdiction
The present GTU are governed by French law. Any possible dispute relating to the interpretation or execution of the GTU, failing amicable resolution thirty (30) days after the sending of a first registered letter, will be submitted to the jurisdiction of the Commercial Court of Nanterre.
The nullity, in whole or in part, of any of the provisions of these GCU under the terms of a legal or regulatory provision, or a court decision that has become final, does not entail the nullity of the other provisions or the part of the provision not affected by nullity. The latter will be replaced by other valid stipulations which, in view of their scope, are as close as legally possible to the stipulations declared null and void.
In the event of any contradiction between the terms of these GCU and those of the CP, the CP shall prevail.
14. Legal notice
The Kiliba Service is published and operated by KILIBA, a Société par Actions Simplifiée (simplified joint stock company) with capital of €30,625, whose registered office is located at 127-129, rue d'Aguesseau - 92100 Boulogne-Billancourt, France, registered with the Trade and Companies Registry under the unique identification number 841 615 131 R.C.S. NANTERRE.
Contact: support@kiliba.com
VAT NUMBER: FR07841615131
Publication managers: Arnaud Becker and Amaury de Larauze
Platform hosts :
- Amazon Web Services EMEA, foreign company
RCS Nanterre: 831 001 334
Postal address: L 1855 38, avenue John F. KENNEDY
Luxembourg
Email address: aws-EU-privacy@amazon.com
Accommodation in Sweden: Stockholm eu-north-1
- OVH, Simplified joint stock company
Share capital: €10,174,560
Lille Trade and Companies Register: 424 761 419
Postal address: 2 rue Kellermann, 59100, Roubaix, France
Email address: sales@ovh.net
Accommodation in France: Gravelines
15. Language
These GCU are written in French. Should they be translated into one or more foreign languages, only the French version will be deemed authentic in the event of a dispute.
1. Preamble
The purpose of the KILIBA Service (hereinafter referred to as "the Service") is to provide the Customer, acting exclusively for his professional needs (hereinafter referred to as the "User"), with a plug-in and a platform enabling the automated sending of e-mails in consideration of various predefined scenarios, compatible with third-party CMS solutions (PrestaShop©, Adobe Commerce©, ...).
The purpose of these General Terms and Conditions of Service (hereinafter referred to as the "GTCS") is to describe the conditions under which the Company makes the Service available to the User. By creating an account and using the Service, the User declares that he/she accepts these GCU and the associated Data Processing Policy (hereinafter referred to as the "DPP"), and acknowledges that use of the Service is subject to compliance with these GCU.
2. Definitions
For the purposes of these GCU, capitalized terms shall have the meaning ascribed to them below, i.e. :
Databases: refers to all databases belonging to the User and hosted by Third-Party Platforms.
GCU: refers to the present General Terms and Conditions of Use of the KILIBA Service applicable to Users, which must be accepted when creating a User Account or in the event of subsequent modification, and which govern the use of the Service by the User.
Contract: means the entire contract between the Customer and the Company, consisting of (i) the CP, (ii) the GCU and (iii) the PTD.
CP: refers to the Special Conditions of Contract.
Members: refers to the clients or prospects of the Users who have an account within their Third Party Platform.
User Account: refers to the account enabling the User to use the Service and consult the Platform, accessible by means of a login and password.
Intellectual Property Rights: refers to all intellectual property rights as provided for by the Intellectual Property Code and international conventions and, in particular, copyrights, neighbouring rights of performers and sound and video producers, trademark rights, design rights, patents, trade names (including Internet domain names), know-how, whether registered or not.
Platform: means the Kiliba Internet platform accessible at https://app.kiliba.com/ and allowing the management of the use of the Kiliba Plug-in.
Third-Party Platforms: refers to the CMS platforms with which the KILIBA Plug-in interfaces to enable use of the Service. Third-Party Platforms are not edited or managed by the Company.
PTD: refers to the conditions for the processing of personal data by the Company in connection with the use of the Service, accepted by the User when creating his/her User Account.
Plug-in: means the module to be installed by the User on the Third Party Platform to benefit from the Service.
Service: refers to the KILIBA service that provides Users with an automated e-mail service interfaced with the
Third-party platform they use.
E-commerce Site: refers to the User's online sales website using a Third-Party Platform to sell products or services to Members.
Société /Société KILIBA: refers to the company KILIBA, publisher of the Kiliba software, a simplified joint stock company with share capital of €30,625, whose registered office is located at 127-129, rue d'Aguesseau - 92100 Boulogne-Billancourt, registered with the Nanterre Trade and Companies Register under number 841 615 131.
User: designates the Customer, whose contact details appear in the CP, a natural and/or legal person, acting exclusively for professional purposes, who accepts the present GCU and uses the KILIBA Service.
3. Object
The purpose of these GCU is to define the terms and conditions for the provision of the KILIBA Service, as well as the conditions under which Users are authorized to use the Service to automate the sending of e-mails to their Members registered on the Third-Party Platform they use.
The GTU determine all the steps necessary for registration, the creation of the User's Account, the use of the Service by the User and the pricing of the Service. The GCU are supplemented (for the User's information) by a Data Processing Policy which determines the conditions under which the personal data of Users and Members are processed by KILIBA within the framework of the Service.
4. Entry into force and enforceability
These GCU are enforceable against the User as soon as he accepts them when creating his User Account and for the duration of his use of the Service. The User may consult and print the GTU and the PTD from the following links:
For terms and conditions: https: //www.kiliba.com/cgu
For PTD: https: //www.kiliba.com/politique-de-confidentialite-app
The Company reserves the right to make any changes to these GTU and to the PTD that it deems useful and necessary, in particular in consideration of any legal, jurisprudential or technical developments. In the event of modification of the GCU and/or the PTD, the User will be invited to read and accept the latest versions of the GCU and/or the PTD one (1) month before they come into force. If the User refuses, he/she may close his/her User Account on the Platform.
5. Registration and identification of Users
5.1. Creation of the User Account
In order to use the Service, the User must register on the Platform by filling in all the mandatory fields on the registration form via the "Create my account" button, and by accepting the GCU and the TPD by ticking a box. The User must also provide an email address and password for registration and connection to the Platform.
The User receives an e-mail in his personal mailbox giving him a URL, which allows him to complete his registration and confirm his identity. In the event that the User provides information that is false, inaccurate, out of date, incomplete, misleading, or constitutes identity theft, the Company may immediately suspend or terminate the User's Account and deny the User access to the Service, temporarily or permanently.
The User's identifiers are strictly personal and confidential. Consequently, the User undertakes to keep them secret and not to disclose them in any form whatsoever. Any access to the Platform using the User's identifiers will be deemed to have been made by the User or with the User's authorisation, unless the User is able to demonstrate that his/her User Account has been hacked.
If the User's login details are lost or stolen, the User must inform the Company without delay, which will then proceed to cancel and/or update the relevant login details immediately.
5.2 Registration for professionals only
Registration for the Service is reserved for natural persons of legal age or legal entities acting for their professional needs, operating an e-commerce Site and having the status of trader.
5.3. Connection to the Third Party Platform
At the end of the process of creating a User Account, the User will be able to download and connect the Kiliba Plug-in to the Third Party Platform that he uses for his e-commerce Site.
The connection of the Plug-in implies the initial loading of the data from the Databases on the Platform. Depending on the amount of data contained in its Databases, the first connection of the Plug-in may cause temporary slowdowns or unavailability of the E-commerce Site, until the end of the initial loading process of the Platform, of which the User declares to be informed and to be personally responsible.
6. Use of the Service
6.1. Scenarios
The Service allows the User to automate the sending of emails to its Members by choosing different scenarios. The various possible scenarios allow, in particular, without this list being restrictive, to send to the Members emails:
- informing them of product promotions ;
- offering them products similar or related to those they have consulted or purchased on the User's e-commerce site;offering them new products for sale on the User's e-commerce site;offering them the opportunity to complete an abandoned order;
- etc.
The User is free to set up, activate and deactivate the various e-mail workflows available through the Platform.
6.2. Workflow parameters
For each scenario, the User is able to set the format of the e-mails that will be sent automatically by the Service, and in particular to add his contact details, logo, etc.
To this end, the User can define the content of the e-mails he wishes to send using the Service, and in particular generate content automatically by means of an assistant using Artificial Intelligence to design content more easily.
Before activating the scenario, it is the User's responsibility to check the format of e-mails and the information contained therein, and in particular to ensure that content generated using the Artificial Intelligence function does not contain erroneous, misleading or deceptive information likely to mislead Members.
Access to the Service and payment for the Subscription do not include any assistance, configuration or training services provided by KILIBA. The User wishing to benefit from specific support in installing, activating, configuring or using the Service may, however, order support services directly from KILIBA, which will be subject to prior quotation.
6.3. Scenario activation
After setting up a scenario, the User can activate it by means of the corresponding button.
The scenario then appears as active on the Platform.
The User is informed that, as long as he/she does not deactivate a scenario, it remains operational without any time limit, and carries out the sending of e-mails in accordance with the parameters determined at the time of its activation.
To this end, the Service regularly collects and processes the data contained in the User's databases, to identify new products, products consulted, promotions, etc., and to send e-mails containing the information collected.
Consequently, e-mails sent via the Service are not moderated and contain exclusively data from the User's databases, as well as information and content created by the User or generated using the Artificial Intelligence function. It is therefore the User's responsibility to ensure, prior to activating one or more scenarios, that the data contained in his or her Databases :
- are accurate and do not contain any errors or omissions (in particular as regards their wording, description, price, availability, illustration, etc.);
- do not contain any content that is defamatory, insulting, rude, racist and/or pornographic, infringing on privacy and/or constituting an attack on individuals, contrary to public order, public decency or human dignity (apology for crimes against humanity, incitement to racial hatred, child pornography, etc.);
- do not infringe the copyrights, patents, trademarks, trade secrets or other Intellectual Property Rights of any third party natural or legal person.
6.4. Management of Members' e-mail addresses
When a scenario is activated, the Service collects the e-mail addresses of the Members in the User's database in order to send them e-mails in accordance with the parameters defined by the User.
In this respect, the User is reminded that it is his responsibility to ensure that the Members concerned have accepted and expressly authorised the use of their e-mail addresses for the purpose of receiving advertising messages (opt-in).
It is also the User's responsibility to regularly check its Databases, to update them and, in particular, to ensure that Members who have expressed their intention to no longer receive commercial e-mails from it are removed from its Databases.
To this end, the User is reminded that he/she has a tool on the Platform that allows him/her to load the list of Members who do not wish to receive commercial communication by e-mail.
7. Availability of the Service
The Platform can be accessed at https://app.kiliba.com/login using a fixed (PC/Mac) or mobile (Android/Apple) terminal connected to the Internet. It is the User's responsibility to ensure that they have the necessary technical requirements for optimal use of the Platform. The cost of accessing and browsing the Platform, as well as all costs relating to the operation of the User's e-commerce Site, shall be borne exclusively by the User, who accepts this.
The KILIBA Plug-in is downloaded and installed directly via the Third-Party Platform used by the User's e-commerce Site.
The Company reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the Platform and, more generally, to the Service, in particular for maintenance and upgrading operations necessary for the proper functioning of the Service and related materials, or for any other reason, in particular relating to an unforeseeable breakdown, whatever the cause, without the User having any recourse against the Company.
Insofar as possible, the Company endeavors to give Users advance notice of interruptions or stoppages affecting the Service. However, the Company cannot be held responsible for any technical problems or incidents that may arise and lead to the loss of User data or the temporary or permanent unavailability of the User's e-commerce site. It is the User's responsibility to make regular backups of the data making up his e-commerce Site and Databases, and to ensure that the resources allocated by his hosting provider (storage, bandwidth, etc.) are sufficient for the execution and operation of the KILIBA Plug-in. In the event of doubt as to the prerequisites necessary for the operation of the Service, the User may send an e-mail to the support department at support@kiliba.com.
The KILIBA Plug-in may be subject to regular updates, in particular in consideration of updates made by the publishers of Third-Party Platforms, in order to ensure the interoperability of the KILIBA Service with said Platforms. In this respect, it is the User's responsibility to regularly update the Plug-in installed, in order to limit the risks of malfunction or interruption of the KILIBA Service.
8. Subscription - Duration
8.1. Subscription
Use of the Service implies payment of a subscription fee (the "Subscription"), the amount of which is determined in consideration of a maximum number of Member contacts appearing in the User's Databases, as defined in the CPs. The prices set out in the CP are exclusive of tax and per month. These prices are increased by value-added tax (VAT) at the rate in force where applicable. Any other tax, duty or service payable in application of French or international regulations shall be borne by the User.
8.2. Duration of the Subscription
The Subscription is taken out by the User on signing the Contract for the Period defined in the CP, commencing on the Subscription effective date and renewable by tacit agreement for successive Periods of the same duration, unless the Contract is terminated directly on the Platform or by registered letter with acknowledgement of receipt presented for the first time or received by the Company with at least one (1) month's notice prior to the expiry of the current Period.
8.3. Payment of the Subscription
Payment of the Subscription is made monthly by credit card, using the Stripe© service.
8.4. Bearing change
The User's Subscription is automatically increased or decreased in accordance with the current price list(https://www.kiliba.com/tarifs) for each Period, taking into account the maximum number of Members in the User's Databases for the previous Period. In the event of a change of tier, the User will be informed by e-mail.
8.5. Invoicing - Default of payment
Invoices issued by the Company are sent to the User by e-mail.
In the event that the User's payment method is rejected, access to the Service will be suspended immediately and without delay, until the User has paid the fee in full.
Failure by the User to comply with its payment obligations, or any delay, shall automatically incur, without formal notice, late payment interest calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, in addition to a fixed indemnity of €40 for collection costs. This indemnity does not cover any legal costs, which shall be borne by the User.
8.6. Termination of the Subscription
Termination of the Subscription results in the unavailability of the Platform at the end of the current Period and the deletion of all data under the conditions set out in the PTD, in compliance with KILIBA's legal obligations.
9. Intellectual Property
9.1. Ownership of the Platform and the Plug-in
The Company is the exclusive owner of all the rights attached to the structure of the Platform and the Plug-in, as well as to their contents, including, but not limited to, source codes, object codes, texts, logos, information, analyses, images, photographs, graphic design, sound elements, software, icons, layout, databases, videos or any other data composing them.
The present GTC grant the User a personal, temporary, non-transferable and non-exclusive licence to use the Service, which cannot be construed as the transfer of an Intellectual Property Right on the Platform and/or the Plug-in, their structure and their content, which remain the full and complete property of the Company.
Consequently, the User shall refrain from any action and any act likely to directly or indirectly infringe the Intellectual Property Rights held by the Company on the Platform and the Plug-in, their structure and their contents as well as, in general, on the associated trademarks. In this respect, any reproduction and/or representation, in whole or in part, of these rights without the Company's express authorisation shall constitute an infringement of the Company's Intellectual Property Rights, which may give rise to civil and/or criminal liability on the part of its author.
9.2. The Company's rights to the User's data, logos and trademarks
In order to enable the Service to function, the User hereby grants the Company a non-exclusive, free, transferable, sub-licensable and worldwide licence to use all the data contained in its Databases and published on its e-commerce Site, for the duration of the use of the Service by the User.
This licence authorises the Company to use the User's data for the operation of the Service, and in particular to transfer it, save it, modify its format, incorporate it into advertising communications, highlight it, distribute it, disseminate it by e-mail, etc.
In addition, the User grants the Company a non-exclusive, free, transferable, sub-licensable and worldwide licence to use its trademarks and logos, in particular to allow their use in the context of the Service and for commercial reference purposes.
9.3. Third-party platforms
The use of the Service and the payment of the Subscription do not confer any right to use the third-party Platforms or any associated services.
It is the User's responsibility to ensure that he/she has the rights to use the third-party Platforms and associated services from their respective publishers.
10. Personal data
The conditions for collecting and processing personal data and the procedures for exercising the rights of Users and Members concerning their personal data are detailed in the PTD, which can be accessed at the following address https://www.kiliba.com/politique-de-confidentialite-app.
11. Cookies
The provisions relating to the use of cookies on the Platform are set out in the PTD, which can be accessed at the following address https://www.kiliba.com/politique-de-confidentialite-app
12. Responsibility
The Company does not offer any guarantee of continuity of the Service insofar as it is only bound by an obligation of means. In this respect, the Company does not guarantee error-free and uninterrupted operation of the Service, nor the accuracy or updating of its content, as the Service is provided "as is".
The Company may modify the content and functionalities of the Service without prior notice, without incurring any liability. Furthermore, the Company may not be held liable in the event of temporary or total unavailability of all or part of the Service, of difficulties linked to response time or, more generally, of a performance defect.
The Platform may contain hyperlinks to third party websites. The latter are not under the control of the Company, which cannot be held responsible for the availability of these external sources and the content of these linked sites. The Company provides these links as a convenience, which does not imply any affiliation, sponsorship or recommendation of the linked sites in question. Consequently, the Company shall not be held responsible for any damage, proven or alleged, resulting from the consultation of external sites and sources by the User.
The Company cannot be held responsible for the content of e-mails sent to Members when a scenario is activated, including when this content has been generated in whole or in part using the Artificial Intelligence function made available to the User. In this respect, the User undertakes to ensure the legality, relevance and absence of erroneous, misleading or deceptive information, likely to mislead Members, in e-mails sent via the Service and, more generally, to comply with the provisions of articles L.122-8 et seq. of the French Consumer Code.
The Company shall not be held liable for any damage suffered by any User, Member or third party resulting directly or indirectly from the contents of e-mails sent through the Service.
The Company cannot be held responsible for any malfunction of the Service which would result from a temporary or definitive unavailability of the Third Party Platform, an update of the Third Party Platform, or, more generally, a case of force majeure.
The Company shall in no event be liable for any indirect damage resulting from the use of the Service, including but not limited to
- any loss of profits and/or turnover,
- any loss or corruption of data or data recovery,
- any loss of customers,
- any breach of security resulting from the failure of a third party communication service and/or the internet network.
The User is responsible for the consequences of any breach of these TOS. Also, in the event of violation of the conditions of use of the Service or in the event of misuse of the Service (in particular for sending spam), the Company reserves the right to suspend the User's access to the Service or to terminate it with immediate effect, it being specified that the Subscription for the current Period will not be refunded.
13. Applicable Law and Jurisdiction
The present GTU are governed by French law. Any possible dispute relating to the interpretation or execution of the GTU, failing amicable resolution thirty (30) days after the sending of a first registered letter, will be submitted to the jurisdiction of the Commercial Court of Nanterre.
The nullity, in whole or in part, of any of the provisions of these GCU under the terms of a legal or regulatory provision, or a court decision that has become final, does not entail the nullity of the other provisions or the part of the provision not affected by nullity. The latter will be replaced by other valid stipulations which, in view of their scope, are as close as legally possible to the stipulations declared null and void.
In the event of any contradiction between the terms of these GCU and those of the CP, the CP shall prevail.
14. Legal notice
The Kiliba Service is published and operated by KILIBA, a Société par Actions Simplifiée (simplified joint stock company) with capital of €30,625, whose registered office is located at 127-129, rue d'Aguesseau - 92100 Boulogne-Billancourt, France, registered with the Trade and Companies Registry under the unique identification number 841 615 131 R.C.S. NANTERRE.
Contact: support@kiliba.com
VAT NUMBER: FR07841615131
Publication managers: Arnaud Becker and Amaury de Larauze
Platform hosts :
- Amazon Web Services EMEA, foreign company
RCS Nanterre: 831 001 334
Postal address: L 1855 38, avenue John F. KENNEDY
Luxembourg
Email address: aws-EU-privacy@amazon.com
Accommodation in Sweden: Stockholm eu-north-1
- OVH, Simplified joint stock company
Share capital: €10,174,560
Lille Trade and Companies Register: 424 761 419
Postal address: 2 rue Kellermann, 59100, Roubaix, France
Email address: sales@ovh.net
Accommodation in France: Gravelines
15. Language
These GCU are written in French. Should they be translated into one or more foreign languages, only the French version will be deemed authentic in the event of a dispute.
You are on the verge of making a killing
