Terms and conditions of service use

Last modification: April 2021

Here are the terms of use of the services offered by KREADC
We are delighted to have you here and thank you for choosing to use our services.

We have listed below the important legal conditions that apply to each visitor and user of our applications and services. These conditions are necessary for your protection and for our protection, in order to be able to provide these services in a satisfactory way for everyone.

We understand that reading them can be tedious, but we have made sure they are not. If you have any suggestions on how we can improve them, please contact us at contact@kreadc.com

1.       Definitions

Customer: any professional or natural person capable within the meaning of articles 1123 and following of the Civil Code, or legal person, who visits the Site object of these general conditions.

Services: all the applications, services and services offered by KREADC

Content: All components of the information on the Site, including text – images – videos – 3D files.

Customer information: Hereinafter referred to as “Information(s)” which corresponds to all the personal data that may be held by KREADC for the management of your account, the management of the customer relationship and for the purposes of analysis and statistics.

User: Internet user logging in, using the site or application named above.

Personal information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom they apply” (Article 4 of Law No. 78-17 of 6 January 1978).

The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679).

 

2.       List of services and applications provided by KREADC

List of application services affected by these conditions of use:

  • kreadc.com website
  • klona.io website
  • Application plateforme virtuelle 3D KLONA Virtual Platform Application

 

3.       Presentation of websites

In accordance with Article 6 of Law No. 2004-575 of 21 June 2004 on trust in the digital economy, users of websites are informed of the identity of the various parties involved in its implementation and monitoring:

Owner: SAS KREADC Share capital of €4000 SIRET number: 895059897 RCS Paris – 15 Rue des Halles 75001 PARIS

Publishing Manager: webmaster@kreadc.com
The person responsible for publication is a natural person or a legal person.
Webmaster: webmaster@kreadc.com
Accommodation: GANDI SA

Site and data hosting: Europe
Data Protection Officer: Nicolas DESSEAUX –
contact@kreadc.com

 

4.       Terms ans conditions of services uses

The services (1) constitute a work of the mind protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Customer may in no way reuse, assign or exploit for his own account all or part of the elements or works of these services (1).

The use of the services (1) of KREADC implies full acceptance of the general conditions of use described below. These Terms of Use may be modified or supplemented at any time, and users are therefore invited to consult them regularly.

These services (1) are normally accessible to users at any time. However, a technical maintenance interruption may be decided upon and will endeavour to inform users beforehand of the dates and times of the intervention. The services (1) are updated regularly. In the same way, the legal notices can be modified at any time: they are nevertheless mandatory for the user who is invited to refer to them as often as possible in order to read them.

 

5.       Description of services (1) provided

The purpose of the kreadc.com website is to provide information on all the activities of the company KREADC, which endeavours to provide as accurate information on the website as possible. However, it may not be held responsible for omissions, inaccuracies and deficiencies in the update, whether they are due to it or the fact of the third parties providing it with this information.

The purpose of the klona.io website is to provide information about the use of the KLONA application. However, it may not be held responsible for omissions, inaccuracies and deficiencies in the update, whether they are due to it or the fact of the third parties providing it with this information.

All information provided on the services (1) is indicative and is subject to change. Furthermore, the information on the services (1) is not exhaustive. They are subject to changes that have been made since they were posted.

5.1  KLONA

The KLONA application aims to offer a 3D solution for virtual events. However, it may not be held responsible for omissions, inaccuracies and deficiencies in the update, whether they are due to it or the fact of the third parties providing it with this information.

The minimum technical bearing for KLONA

– 1.5GB Windows 10 x64 PC available

– Mac OSX Intel 10.14 1.5GB disk available

– Internet connection

6.       User account

In order to use and access certain sections and features of the services (1) issued by KREADC, you must first register and create an account with each service (“User Account”).

If a third party accesses your User Account and/or the settings of your User Platform, that person will be able to do everything you can (unless otherwise specified in the services (1)), to modify your experiences and your User Account and to accept any legal conditions arising therefrom, to make representations and provide warranties, among others and all such actions shall be deemed to have been performed on your behalf and on your behalf.

Therefore, we strongly recommend that you maintain the confidentiality of your User Account identifiers, and allow access only to trusted persons, because you will be fully responsible for actions carried out via your User Account and/or User Platforms (including all related representations, warranties and agreements), whether or not you have expressly authorized them, and for any damages, costs or losses that may result from such actions.

You must provide accurate and complete information for which you have exclusive rights when you open your User Account and when you use the services (1) provided by KreaDC. We strongly recommend that you provide your own contact information (or that of your company) as well as billing information, including an e-addressvalid mail, as we may use them to identify you and verify that you are the true owner of the User Account and/or User Content (as defined below) that you submit to us.

7.       Contractuel limitations of technical data

The services (1) use JavaScript technology and KREADC cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent material, not containing viruses and with an updated latest-generation browser.

The services (1) are hosted by service providers in the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679)

The objective is to provide services (1) that ensure the best rate of accessibility. The hosts ensure the continuity of its service 24 Hours a day, every day of the year. However, they reserve the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance, improvement of its infrastructure, failure of its infrastructures or if the Services generate traffic deemed abnormal.

KREADC and the hosting providers cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment related in particular to the network congestion preventing access to the server.

8.      Intellectual Property and Counterfeiting

 

  • Intellectual property of services (1)

KREADC is the owner of the intellectual property rights and holds the rights of use over all elements filed and created by KREADC and accessible on the services (1) including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, unless prior written permission from: KREADC

Any unauthorized use of the services (1) or any of the elements contained therein will be considered as constitutive of an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Code of Ownership I.

  • Your intellectual property

KREADC offers its users the creation and dissemination of online experiences, and offers TV streaming on our platform of your multimedia content, using our platform:

    • You confirm that you hold all rights in and to any content posted or provided by you, or imported, copied or posted by the services of KREADC (1) for you, on your User Platform (“User Content”), including all design, image, animation, video, audio file, font, logo, code, illustration, composition, artwork, interface, username, information provided by you for the purpose of creating a subdomain, text, literary work and any other document (“Content”), or otherwise arrange (and continue to have) full powers, titles, licenses, consents and authority over User Content, as necessary for lawful access, import, copy, use, publication, transfer or licensing of such User Content, by you and us or any of our subsidiaries;
    • You hold (and will maintain) the full powers, titles, licenses, consents and authorities to authorize access of any website, Internet page and/or other online service to the services (1) of KREADC in order to import, copy, display, upload, transmit and/or otherwise use your User Content.
    • User Content is (and will continue to be) true, current, accurate, not infringing any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display, or otherwise use, in the country where you reside, your visitors and users of the User Platform (“End Users”) or for Virtiway.com or End Users to access, import, copy, upload, use or process in connection with the services (1) of KREADC.
    • You have obtained all required consents and authorizations under any applicable legislation regarding signage, the transmission and publication of any personal information and/or information involving the right to image or resemblance to any person, entity or property forming part of the User Content, and you agree to abide by the relevant legislation.

As between you and KREADC, it is up to you to own all intellectual property relating to your User Content and any other material created by you, including all design, image, animation, video, audio file, font, logo, illustration, composition, work, code, interface, text and literary work, KREADC does not claim any proprietary rights to your content. For the sole purpose of providing the service to you, You know and agree that we will need to access, upload and/or copy your User Content on our platform, including cloud and CDN services, to make display settings, to duplicate for backup and perform any other activity and/or technological use to operate our services, as we deem appropriate.

 

9.        Service fees

a.    Paid services

The use of KREADC’s services (1) may be subject to the payment of specific charges the amount of which is determined by KREADC in its sole discretion (“Fee Service” and “Fees”, respectively). KREADC will advise of these Fees, then in effect, for these Pay Services. If you wish to use or benefit from these Paid Services, you must pay all applicable Fees in advance.

b.    Invoices

KREADC will issue an invoice or credit note for any payment of Fees or reimbursement made to or by KREADC (“Invoice”). Each Invoice will be prepared electronically and according to the country indicated in your billing address. It will be made available to you via your User Account and/or by email. For the purpose of issuing the Invoice, you may need to provide certain Personal Information (as this term is defined in Personal Data Management) to comply with local legislation. Please note that the Invoice presented in your User Account may not meet the requirements of local legislation, and should only be used for consultation purposes.

c.    Subcription auto-renewals

In order to compensate for a possible interruption or loss of services, certain KREADC paid services (1) include a default automatic renewal option, in accordance with this, unless you disable the automatic renewal option, these Paid Services will be automatically renewed at the end of the applicable subscription period for a renewal period equal to the original subscription period (with the exception of any extension periods) and unless otherwise notified, at the same price (subject to changes in applicable taxes and excluding any discounts or promotional offers offered for the first term) (“Renewal of paid services”). For example, if the initial subscription period for a service is one month, each renewal period (if applicable) will be one month. Accordingly, and if applicable, KREADC will attempt to automatically charge you the applicable Fees using the Card saved within two (2) weeks prior to the commencement of this renewal period. If it is not possible for us to collect the Fees from you, we may in our sole discretion (but not obligated) make a new attempt at a later date, or suspend or cancel your User Account, without notice. If your Paid Service Renewal is subject to an annual or multi-year subscription period, KREADC will endeavour to advise you that this Paid Service must be renewed at least thirty (30) days prior to the renewal date.

d.    Money back guarantee

If you are not satisfied with any of KREADC’s services (1) which are subject to a Fee for the period of use or a registration commitment, as part of the initial purchase of this service, you have the possibility to notify the cancellation, without any special reason, within fourteen (14) days of the first order, or activation of this service (the “Refund” and the “Refund Period”). The Refund applies only to the initial purchase of services (1) from KREADC as part of a subscription upgrade, through the purchase of a new offer.  The Refund does not apply to any additional purchase, upgrade, modification or renewal of KREADC’s services (1). If you reside in a jurisdiction where the legislation establishes a longer Repayment Period, we will obviously be happy to comply with this requirement by adapting to all applicable laws. If KREADC receives this notification during the Repayment Period, KREADC will reimburse you for the amount you actually paid for these Services in the currency originally billed, and therefore cancel them. KREADC bills these services in the currency used for the original billing, the cancellation works on the same principle. Note that the amount of the Refund may be different from the amount you were billed for, due to exchange rate fluctuations or third party charges. KREADC is in no way responsible for any differences inherent in changes in currency exchange rates, or for any charges that third parties may charge you.

After the Refund Period, the Fees paid by you will be non-refundable and non-refundable. Furthermore, if we find that the notification of cancellation was made in bad faith or as part of an illegitimate attempt to avoid payment for the services actually received and provided, we reserve the right to invoice the User who provided this notification for services (1) of KREADC actually received, to the extent permitted by law.

e.        Discharge of flow

If at any time we find a refusal, rejection of debit, or other objection to payment of Fees (“Rejection of Debit”), this will be considered a breach of your payment obligations hereunder, and your use of the Services (1) KREADC may be automatically suspended or terminated.

 

10.    Cancellation

a.    Cancellation by the User

You may stop using and request to cancel your User Account and/or KREADC Services (1) at any time, in accordance with the instructions available in KREADC Services (1). The effective date and time for such cancellation is the date on which you have finalized the cancellation process for KREADC’s services (1), and the effective date of termination of the Paid Services will be the end of the related subscription period.

b.    Cancellation by KREADC

Failure to comply with any of the KREADC Terms and/or to pay any Fees due will entitle KREADC to suspend (until full payment) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of KREADC’s (1) related services (for example, Pay Services) or Third Party Services.

c.    Loss of Data, Content and Capacity

If your User Account, KREADC Services (1) or Third-Party Services linked to your User Account are cancelled (either at your request or at KREADC’s discretion), this may result in the loss of certain content, features or capabilities of your User Account, including User Content, End User Data or other usage data retained in connection therewith. KREADC is not responsible for any such Loss of Capacity, or for saving a backup copy of data from your User Account, User Content or End User. Please also note that Additional Charges may apply to a reactivation of a User Account and/or any KREADC Services (1) as a result of their cancellation, as determined by KREADC in its sole discretion.

 

11.    Limitations of liability

KREADC acts as the publisher of the kreadc.com and klona.io sites is responsible for the quality and veracity of the Content it publishes.

KREADC shall not be liable for any direct or indirect damage caused to the User’s Equipment during access to the kreadc.com and klona.io websites and resulting either from the use of equipment not meeting the specifications set out in point 4, the appearance of a bug or incompatibility.

KREADC may also not be held liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of KREADC’s services (1). Interactive spaces (possibility to ask questions in the contact area) are available to users.  KREADC reserves the right to delete, without prior notice, any content deposited in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, KREADC also reserves the right to call into question the civil and/or criminal liability of the user, particularly in the case of messages of a racist, abusive, defamatory or pornographic nature, whatever the medium used (text, photograph, etc.).