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General Terms and Conditions of Use (October 2020)

 

PREAMBLE

The Services of Klixi (trademark) are produced by the company AYS, domiciled in 18 rue de Londres 75009 Paris France, registered with the Paris Trade and Companies Register under number 535 351 472. The Services are exclusively reserved for professional use and are not accessible to minors under 18 years of age or to any legal or natural person who does not comply with these General Terms and Conditions of Use. In the event of any ambiguity and/or contradiction between these General Terms and Conditions of Use and any other document appearing on the Klixi Websites called “klixi.io”, these General Terms and Conditions of Use will prevail.

The information on the different pages of the klixi.io Websites are given for information only and are not contractual, with Klixi able to change them at any time and without prior notice. Klixi may modify its General Terms and Conditions of Use at any time and without notice, on the understanding that in this event, the applicable conditions shall be those in effect on the date of registration. In the event that, after the date of their removal from the Site, the General Terms and Conditions of Use remain accessible to Clients via other websites or by any other means, they would no longer be enforceable against Klixi.

PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE AND THE SERVICES, YOU CONFIRM THAT YOU HAVE READ AND UNRESERVEDLY ACCEPT THE VERSION IN FORCE OF THE GENERAL TERMS AND CONDITIONS OF THE FOLLOWING DOCUMENTS, BY ORDER OF PRIORITY:

These General Terms and Conditions of Use;
The privacy policy available at this address <https://www.klixi.io/en/privacy>;

 

ARTICLE 1 - DEFINITIONS

Klixi Partners: a confirmed user of the Klixi Partners service, enabling him or her to add access for his or her Clients.

Application: refers to the service sold to Clients to publish their Content on the Platforms;

Client: refers to the internet user who has registered to use Klixi’s services, whether for free and/or for a fee and who thereby becomes a non-exclusive licensee of the Services;

Account: refers to all Client information to access and use the Services;

General Terms and Conditions of Use: refers to these terms, the purpose of which is to define the terms and conditions according to which Klixi makes its Services available to Clients as well as the access and use of said Services;

Content: refers to texts, images or videos added by a Client either manually, via a technical interface or via web distribution in accordance with the General Terms and Conditions of Use;

Host: company to which Klixi outsources the hosting of the Suite and the Client Content database;

Registration: refers to the recording of Client contact details for use of Klixi’s Suite, for a fee or for free, by the Client himself or herself or by a client of Klixi Partners;

Platform: refers to the destination on which the Application created with Klixi can be published, including the internet, Facebook, etc;

Services: refers to all the online services offered to Clients by Klixi;

Sites: refers to all websites, accessible on klixi.io on which the Client can take note of Services, rates, these General Terms and Conditions of Use and register online for Services;

Suite: refers to all software available to Clients and offered by Klixi via its Services, by means of internet technology.

 

ARTICLE 2 - PURPOSE OF THE SERVICES

Klixi makes available a service offering access to a Suite which operates using internet technology and is accessible by this technology to its Clients. The Client must therefore connect to the internet and to an klixi.io website, on which he or she has registered or has been registered by a client of the Klixi Partners service to use Klixi’s Suite. The use of Klixi’s Suite is possible with certain limitations determined by the client of the Klixi Partners service to which he or she is attached and, in any case, after the Client has accepted these General Terms and Conditions of Use. The Klixi Suite allows users to:

create web pages, websites, applications for their Facebook©® page as well as for all media by any means, even those which do not yet exist,
manage content (text and images),
monitor the performance of Services,
manage contacts received via its Services and/or added and/or imported,
access disk space which each Client can use to deposit and access data,
create and monitor marketing campaigns 
access any other Service offered by Klixi.

The Suite may be modified to incorporate improvements or updates, without Clients’ prior notice. Klixi reserves the right to cease marketing the Suite. The Client will be informed by any available means and will continue to have access to the Suite for the duration of the period to which he or she or the client of Klixi Partners has subscribed and will have a minimum notice period of a month before access to the Suite is definitively interrupted. During this period, the Client shall take all necessary steps to back up his or her data, when possible. The cessation of marketing of a Service by Klixi cannot give rise to any compensation or damages whatsoever to the Client from Klixi. It is expressly stated that Klixi provides Services but cannot replace any function of the Client’s company in any way.

 

ARTICLE 3 – ACCEPTING THE GENERAL TERMS AND CONDITIONS OF USE

Registration for the Services by the Client entails the express and unreserved acceptance by the Client of these General Terms and Conditions of Use and excludes the application of any different or contrary provisions which may appear on commercial documents. This is equivalent to the Client acknowledging that he or she has fully understood and fully approves all of the General Terms and Conditions of Use indicated below. As part of these conditions, Klixi asks Clients who are connected to the klixi.io Website to carefully read the General Terms and Conditions of Use below. The provisions of these General Terms and Conditions of Use apply to Klixi and its Clients, whatever the registration channel.

 

ARTICLE 4 - REGISTERING FOR SERVICES

In order to access the Services, any Client must be at least 18 years old for exclusively professional use and create, either directly or through a third party, an account by completing either the online registration form or by registering via the Klixi Platform service, available to Klixi Partners’ Clients and by unreservedly accepting the General Terms and Conditions of Use and the privacy policy available at this address <https://www.klixi.io/en/privacy>. After registration, the Client will have a username and a password which will allow him or her to access his or her account. The Client agrees to keep his or her username and password confidential. He or she takes responsibility for all actions carried out using his or her username and password. The Client agrees to provide accurate, complete and up-to-date information. In the event that the information provided by the Client is false, incomplete or obsolete, Klixi reserves the right, without any compensation and without prior notice, to suspend or terminate the Client's account, to delete all or part of the Client's applications, data and files contained therein, to remove access to these sites, pages, files and data or to prohibit the Client from using all or part of Klixi’s Services, without prejudice to possible legal action in accordance with common law. Klixi reserves the discretionary right to refuse, without compensation, access to its Services to persons communicating information on registration which it deems incompatible with the proper organisation and management of its Services.

 

ARTICLE 5 - ACCESS TO SERVICES

The Client acknowledges that the techniques used by Klixi pertain to a complex area of information technology.  Klixi’s commitment takes the form of an obligation of means, with Klixi having to limit the time and number of Service interruptions required for maintenance or improvement as much as possible. It is therefore up to the Client to protect himself or herself against these risks. Klixi cannot be held liable for damage suffered by the Client due to the unavailability of Services. Klixi reserves the right to refuse the presence on its servers of files imported by the Client which are considered technically non-compliant or detrimental to the servers’ performance. Access to the Services requires a connected device on which a recent internet browser (Microsoft Internet Explorer, Mozilla Firefox, Apple Safari, Google Chrome) is installed, using the latest version available or the previous version, and which accepts cookies. The Client should also have access to a high-speed internet connection (a rate of 1Mbps or higher is recommended). The Client declares that he or she has read the internet's characteristics and limitations described below:

that relaying data over the internet only enjoys relative technical reliability, with data circulating on heterogeneous networks with varying technical characteristics and capacities. As a result, no-one can guarantee the proper functioning of the internet;
that data circulating on the internet is not protected against possible misappropriations and that therefore the communication of passwords, confidential codes and, more generally, any sensitive information is done by the Client at his or her own risk;
that he or she is responsible for taking all appropriate measures to protect his or her own data stored on servers from contamination by viruses, including attempts to breach his or her information system by third parties via the access service.

As a consequence of the above, and in full knowledge of the characteristics of the internet, the Client waives Klixi’s liability concerning one or more of the facts or events mentioned above. The Client is solely responsible for any direct or indirect material or immaterial damages caused by himself or herself (or his or her agents) to Klixi or third parties in charge of Platforms due to the use, whether illegal or not, of the hosting server. In the cases indicated above, the Client agrees to indemnify Klixi in the event of a judgment against the latter for the payment of damages (including, in particular, legal costs, lawyer and solicitor fees, etc.).  In addition, the Client agrees to reimburse Klixi for the costs of repairing the damage caused. The Services are provided to the Client upon registration for the Services. The Client’s rights of access to the Services are strictly exclusive and cannot be communicated to others.

 

ARTICLE 6 - THE CLIENT’S OBLIGATIONS

The Client agrees to use Klixi’s Services in accordance with all the stipulations of these General Terms and Conditions of Use and the legislation and legal provisions in force.

6.1 Content

The Client is responsible for the Content which he or she makes available to the public through the Services. For all practical purposes, it is stated that the Client remains sole publisher of the Contents which he or she publishes. Klixi shall in no case be considered to be the publisher of the Applications created by its Clients by means of its Services. When disseminating Content, the Client agrees to comply with all applicable legal and regulatory provisions, as well as the general conditions in force of the Platforms on which he or she publishes his or her Applications. The Client agrees to comply strictly with the conditions of use of the Platforms and, more generally, not to infringe the intellectual property rights of the authors for the contents of the applications but also of brands, software, patents, logo, graphics, photographs and other animations which are part of the relevant Platforms. Klixi cannot be held liable in the event of a Platform refusing an Application because of the Contents’ non-compliance with the Platform’s general conditions of use. It is the Client's responsibility to take note of and comply with Platforms’ general conditions of use. In this respect, the Client agrees in particular not to disseminate Content, whatever its nature or form:

not to post, say, copy, show or disseminate in any form whatsoever information which may directly or indirectly harm any third party (natural person, legal person or group of persons);
not to produce, disseminate or relay any discourse, speech and/or content which is defamatory, abusive, obscene, contrary to good morals, offensive, violent or incites any form of violence (physical, verbal or moral), racist, sexist, homophobic or xenophobic and, more generally, contrary to the laws in force;
not to post, disseminate or relay any content whatsoever, either in whole or in part, alone or in association with any other content, in violation of the intellectual property rights of their authors and/or beneficiaries and the personality rights of any third party;
not to post, disseminate or relay information or content, nor to use technologies which disrupt, probe, scan, test the vulnerability, reduce and/or prevent the normal use of Services such as software, viruses, repeat messages, spam, etc;
to deliberately or unintentionally infringe any local, regional, national or international law or regulation;
to attempt to modify, reverse engineer, decompile or disassemble any of the services provided.

The Client also agrees not to create a hypertext link to sites which do not comply with these same principles. Failure to comply with these obligations constitutes grounds for Account suspension and termination. It is the Client’s responsibility to take the necessary legal steps regarding information about contacts received via created Applications and/or added and/or imported.

6.2 Client data

The Client agrees to provide accurate, complete and up-to-date information. In the event that the information provided by the Client is false, incomplete or obsolete, Klixi reserves the right, without any compensation and without prior notice, to suspend or terminate the Client's account, to delete all or part of the Client's applications, the data and the files contained therein, to remove access to these sites, pages, files and data or to prohibit the Client from using all or part of Klixi’s Services, without prejudice to possible legal action in accordance with common law.

6.3 Client email address

When registering, the Client provides Klixi with an email address which he or she wants to use to register. This email address constitutes the Client's log in and contact email address. Klixi communicates with the Client using this address. If the Client wants to change this email address, he or she must inform  Klixi without delay and make the corresponding changes in his or her Account either online or via customer service. The Client agrees to regularly consult the messages sent by Klixi to this email address. Any communication from Klixi to the Client sent to this email address is considered to have been received and read by the Client.

6.4 Services

The Client guarantees that the use of the Services complies with applicable laws. The Client is responsible for determining whether his or her use of the Services complies with the applicable law of his or her country for the Services used, and those of the country where the Client's recipients are located, such as HIPAA, the GLB act, EU Data Privacy, French data protection, the French Law for Confidence in the Digital Economy and others. Klixi is not liable if the Client does not comply with the laws to which it is subject. Depending on the country or geographical area in which the Client or the recipients of the Client’s Services are located, in particular, the Client must:

Clearly describe what use he or she intends to make of the collected data, including that provided by Klixi.
Obtain the agreement of the recipient to transfer this data to Klixi and its suppliers to carry out the Service.
Comply with all laws regarding data protection, electronic communication, online sales and confidentiality applicable in the countries of the recipients of the Client’s Services and in the Client’s country.
Agree to indemnify Klixi for any loss, damage, lawyer and legal costs in case of misuse of and failure to comply with these conditions.

6.5 Emailing service

By using the Emailing Service, the Client agrees to abide by the following rules:

Not to send spam in accordance with the definition on the website Spamhaus http://www.spamhaus.org/consumer/definition/.
Not to use bought, leased or other email addresses of natural or legal persons who have not explicitly agreed to receive emails from the Client.
Not to send content which doesn’t comply with article 6.1 of these General Terms and Conditions of Use.
Not to send emails to a natural or legal person who has unsubscribed from the Client's email messages without explicitly having agreed to receive emails from the Client again.

If the Client does not comply with one or more of these rules, Klixi reserves the right to suspend the Client's account in accordance with article 11 of these General Terms and Conditions of Use.

6.6 SMSing service

By using the SMSing service, the Client agrees to abide by the following rules:

Not to send spam.
Not to use bought, leased or other telephone numbers of natural or legal persons who have not explicitly agreed to receive SMS from the Client.
Not to send content which doesn’t comply with article 6.1 of these General Terms and Conditions of Use.
Not to send SMS to a natural or legal person who has unsubscribed from the Client's SMS without explicitly having agreed to receive SMS from the Client again.

6.7 - Using the account

The Client is solely responsible for the use of his or her account and password. Any log in or transmission of data made from this account will be deemed to have been made by the Client and under his or her sole responsibility. The Client therefore agrees to immediately inform Klixi in the event of fraudulent use of his or her account. The Client also agrees not to communicate any information relating to his or her Account to anyone else.

If the Client does not comply with one or more of these rules, Klixi reserves the right to suspend the Client's account in accordance with article 11 of these General Terms and Conditions of Use.

 

ARTICLE 7 - KLIXI’S OBLIGATIONS

7.1 Access to the service

Klixi’s obligation is an obligation of means. In this context, it agrees to take all necessary care and diligence to provide a quality service in accordance with professional practices. Klixi will endeavour to provide 24-hour access every day of the year except in the event of force majeure as defined in the article entitled "Force Majeure" below, in the event of breakdowns, failures due to the Host, maintenance interventions required for the proper functioning of the Services and equipment. Klixi will act with all due diligence to provide sufficient quality of access to monitor how the service traffic of its Clients develops. In the event of an overly quick ramping up, Klixi may be reliant on the delivery times of manufacturers of equipment or for the installation of internet lines or for the creation of new software or of its Host. The Client acknowledges that the Suites used pertain to a particularly complex field of information technology and that, on the basis of current knowledge, they cannot physically be the subject of tests or experiments to cover every possible use. The Client therefore agrees to assume the risks of the Services’ imperfection or unavailability, without this constituting forbearance towards Klixi.

7.2 Service interruption for maintenance and improvements

Klixi cannot guarantee that the site will operate continuously and without errors, nor that access to the Services will be guaranteed, particularly in the following cases:

misuse of the Site due to inadequate equipment;
malfunctions attributable to your ISP;
overloading of the internet network.

7.2.1 Interruption for minor updates

Service interruptions to update the Suite and database structures may be performed every day. This type of update will only cause a service interruption of up to a few minutes.

7.2.2 Interruption for major updates

Service interruptions for major updates (e.g. installing new software, implementing a new version including significant changes to the database, etc.) may result in a service interruption from 10pm until 6am.

7.2.3 Emergency interruption

In case of absolute necessity, Klixi reserves the right to interrupt the Services to carry out a technical intervention for maintenance or improvement to ensure the proper functioning of its Services, whatever the time and the duration of the intervention. Service interruptions shall not give rise to any compensation for Clients.

7.3 Other obligations

Klixi reserves the right to change the Services offered at any time and without prior notice.

Reporting on the use of the Applications is given for information purposes only. The service uses data provided by Google©® Analytics and/or Google©® Tag Manager installed on the Applications, as well as that provided by Facebook©® and other technical third parties for monitoring performance. In this context, Klixi cannot be held liable for erroneous data. If the Client uses a third-party booking tool integrated in his or her Klixi Applications, Klixi cannot be held liable for its availability and operation, given that it is not the publisher of the solution.

 

ARTICLE 8 – INTELLECTUAL PROPERTY

Klixi, with the exception of intellectual property relating to Applications and Platforms (trademarks, software, patents, designs, copyright, etc.), is the sole owner of intellectual property rights relating to trademarks, patents, software, logos, graphics, photographs and animations which are part of the Services. They may not be reproduced without the express permission of Klixi and/or its partners. Klixi grants you a non-exclusive license to use them, strictly limited to accessing, downloading, printing and reproducing on all media, for your private and personal use, within the framework of and for the duration of your registration to use the Services. By submitting content, of whatever nature, to Klixi, you grant it a free license of use, for the purpose of sharing this content with Platforms or more generally for the use of Services. Thus you give Klixi permission to to reproduce, represent, translate, digitise, use for advertising purposes, commercial or not, all the contents and information which you have provided. You also give Klixi permission to grant all these rights to all third parties or any partners to exercise them within the limits of these General Terms and Conditions of Use. You also give Klixi permission to modify said content, with a view to adapting it to the graphic charter of the Services or Platforms.

 

ARTICLE 9 – PRIVACY POLICY

Your personal data is processed in accordance with our Privacy Policy available at this address <https://www.klixi.io/en/privacy>.

 

ARTICLE 10 – AYS’ GUARANTEES AND LIABILITY

10.1 Guarantees

Klixi provides no express, implied, statutory or other guarantee of any kind with respect to the performance or results of the information it disseminates or the Services it offers. The information disseminated by Klixi has no advisory character. Klixi’s Services are deemed to be made available to Clients "as is" without being subject to specific adaptations. They are similar to standard software packages which cannot meet all of Clients’ specific requirements. It is therefore up to the Client to verify that the Services offered by Klixi are suited to his or her requirements and to take all necessary precautions.

10.2 Liability

In the event of violation of any of the obligations provided for in these General Terms and Conditions of Use, Klixi may block access to the Client’s Account. Klixi may also bring legal proceedings against him or her. In the event of a claim, complaint or procedure arising from the Client's actions directly or indirectly contravening these General Terms and Conditions of Use, Klixi shall have a right of recourse against the Client for causing this.

In any case, Klixi is not liable for content published on Applications and Platforms nor for the use of Services made by its Clients. Klixi shall not be held liable in the event of malfunction, interruption, insufficiency of Service or damage to the Client's equipment or use of the internet (slowdown, loss of data, virus, data breach, etc.). Hyperlinks on the Website may redirect the Client to partner websites. Klixi shall not be held liable in the event that content on these sites contravenes the legal and/or regulatory provisions in force. Klixi is therefore not liable for compensation for direct or indirect material or immaterial damage caused by the use of any of its Services. It is up to the Client to take out insurance covering this type of risk or to act as his or her own insurer. The Clients and Users of Klixi waive all recourse against Klixi, its suppliers, its licensors and its partners. Klixi, its suppliers, its licensors and its partners shall not be liable for direct, special, consequential or punitive damages (including, without being limited to, loss of profits or loss of data) or indirect damages arising from or in connection with these General Terms and Conditions of Use, Services and/or Applications, if based on any claim or contract action, warranty, negligence, absolute liability, tort, breach of any legal obligation, damages or contribution or other, even if there is a possibility of such damages. The exclusion provided for in this article applies irrespective of the failure of any claim. The cumulative liability of Klixi for any loss and/or damages resulting from any claim, demand or action arising from or related to these General Terms and Conditions of Use, the service and/or applications shall not exceed the total fees paid by the Client to Klixi for the period to the date of the claim.

 

ARTICLE 11 - SUSPENSION OF ACCESS

Klixi reserves the right, in the event of non-compliance with any of the clauses in these General Terms and Conditions of Use, to suspend access to its Services.

 

ARTICLE 12 – MISCELLANEOUS

12.1 Customer service

For any information or complaint concerning the Services provided by Klixi, our customer service can be contacted:

either by post: Klixi – Customer Service, Klixi, 4388 RUE SAINT-DENIS MONTRÉAL H2J 2L1 CANADA;
or by phone during office hours: 514-661-3855
or by email at the following address: support[@]klixi.io
or by chat during office hours by clicking on the Questions button

12.2 Force majeure

Klixi will not be held liable if the non-performance of one or more or all of the obligations incumbent upon it, provided for in these General Terms and Conditions of Use, results from a case of force majeure. For the purposes of these General Terms and Conditions of Use, force majeure is defined as an unpredictable and/or inevitable event which is independent of the will of Klixi, such as a failure of the Host, for example. If the performance of any obligation incumbent upon Klixi under these General Terms and Conditions of Use, is prevented, limited or disrupted by reason of force majeure, Klixi will be exempted from the performance of the contractual obligations under consideration. In this event, Klixi may request the termination of the Account, without being required to pay any compensation.

12.3 Outsourcing

Klixi reserves the right to freely outsource all or part of the Services and/or services for which it is responsible in accordance with these General Terms and Conditions of Use.

12.4 Applicable law and settlement of disputes

These General Terms and Conditions of Use are governed exclusively by Canadian law and exclusive territorial jurisdiction is given to the French courts. The Client expressly acknowledges the probative force of electronic documents as used on the site and recognises that the data recorded by Klixi is admissible and constitutes proof of all past transactions. In the event of a dispute arising related to the Services, before any legal action, the Client will be able to seek an amicable solution with the help of a consumer association or any other counsel of his or her choice.