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TERMS AND CONDITIONS OF USE AND SERVICE

Last updated on July 1st, 2023

1. PURPOSE

The company KASPR, a simplified joint-stock company with capital of €131.38 whose registered office is located at 38 rue Dunois 75013 PARIS, and registered with the RCS of PARIS under number 843 898 396 (hereinafter “KASPR”) is a company specialised in development, publishing and providing software solutions.

More specifically, KASPR has developed an access tool to a database of professional contacts (hereinafter « the Solution»).

The Solution is accessible to users who create an account on the website edited and operated by KASPR https://www.kaspr.io/ and https://app.kaspr.io (hereinafter the « Site ») and sign out a subscription with KASPR to benefit from the Services offered. 

These Terms and Conditions of Use and Service (hereinafter the "TCUS") are intended to govern :

  • The relationship between KASPR and any individual or legal entity that has created an account and, if applicable, taken out a Subscription with KASPR to use the Solution and the Database ; 

  • The granting of a license to use the Solution and the Database to allow the User to benefit from the Services offered according to the Subscription signed out. 

 

ANY CREATION OF AN ACCOUNT, ANY SUBSCRIPTION SIGNED OUT THROUGH THE SITE WITH KASPR AND ANY USE MADE OF THE SOLUTION FOR ANY REASON IMPLIES THE UNCONDITIONAL ACCEPTANCE BY THE USER OF THESE TERMS AND CONDITIONS OF USE AND SERVICE (TCUS).

 


2. DEFINITIONS

The terms mentioned below have the following meanings in these TCUS :

« Account »: refers to the interface hosted on the Site in which all of the Data provided by the User is grouped and allowing it to access the Services, depending on the subscription taken out. 

« Content »: refers to all information, texts, logos, trademarks, animations, drawings and models, photographs, software solutions, databases, data and generally all elements and contents of KASPR published on the Site or component of the Solution.

« Credit »: refers to the fictitious currency unit created by KASPR and allowing the User to benefit from the Services offered. Credits are not refundable or exchangeable. Credits are one of the functionalities of the Subscription. They have no financial or monetary value and cannot be considered and/or qualified as electronic money. KASPR has established four types of Credits:

    • B2B email Credits: allow the User to display the professional email of a professional contact; 

    • Phone Credits: allow the User to display the phone number of a professional contact; 

    • Direct email Credits: allow the User you to display the personal email of a professional contact;

    • Export Credits: allow the User to export the contact details of a professional contact outside the Solution. 

« Data » : refers to all types of information and/or data to which the Parties have access within the framework of their contractual relationship, regardless of the format or medium, whether it is Personal Data (defined below) or not (e.g. financial data, operators, partners, strategic, technical, professional, administrative, commercial, legal, accounting, etc.).

« Extension »: refers to the Internet browser extension module developed by KASPR. The Extension is an integral part of the Solution.

« KASPR database »: means the database containing the contact details of business contacts collected by KASPR and accessible via the Solution. 

« Login details »: means the e-mail address and password chosen by the User in order to access its Account.

« Parties »: means, collectively, KASPR, User and Subscriber and, individually, undifferentiated, KASPR or the User.

« Personal data »: means any Data that directly or indirectly identifies a natural person.

« Service »: refers to the functionalities accessible to Users through the Solution and in particular the Solution or access to the Database.

« Site »: means the site published by KASPR, accessible at the following address https://www.kaspr.io/fr/. 

« Solution »: refers to the software solution, including the Extension, allowing access to the Database containing professional contacts. The Solution is marketed in SaaS mode under the « KASPR » brand. 

« Subscriber »: refers to the natural person operating as a sole proprietorship or the legal entity that is a KASPR customer, on behalf of whom the User has subscribed to a Subscription on the Site with KASPR. This person guarantees to act solely for professional purposes, i.e. for purposes that fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. 

« Subscription »:  means the free (hereinafter FREEMIUM Subscription) or paid (hereinafter PREMIUM Subscription) subscription subscribed by the User to KASPR through the Site, giving access to the Services and enabling him to obtain Credits. The Subscriptions offered by KASPR as well as the Services, features, benefits and fees associated with each Subscription are described in the Subscription description sheet accessible from the Site at the address https://www.kaspr.io/pricing. 

« Terms and Conditions of Use and Service » or « TCUS »: refers to these Terms and Conditions of Use and Services intended to govern the relations between KASPR and the User or Subscriber, whether a Freemium or Premium Subscriber. UGC’s are available https://kaspr.io/terms.

« Updates »: refers to all updates or modifications to maintain, adapt or evolve the functionality of the Solution, including Security Updates, whether or not such Updates are necessary to maintain the compliance of the Solution.

« User »: refers to any natural person who uses the Solution: 

    • Acting for professional purposes, aged at least 18 years and having the legal capacity to create an Account ; or

    • Having the power to bind the legal entity on whose behalf its uses the Solution and subscribes to a Subscription. 

« Workspace »: means the Workspace that: 

    • Freemium Subscriber may create to invite other Users ; 

    • Premium Subscriber must create to subscribe a Premium Subscription enabling him to invite other Users and share the Credits obtained through his Premium Subscription.  

«Workspace Administrator » : refers to the User who initiated the creation of a Workspace and/ or is in charge of managing a Workspace.

 

 

3. ACCEPTANCE OF TERMS AND CONDITIONS OF USE AND SERVICE

Use of the Solution and access to the Services imply acceptance of these TCUS. 

These TCUS are referenced by means of a hyperlink and can be consulted at any time at the following address https://kaspr.io/terms.

The Internet user who wishes to create an Account and subscribe for a Subscription on behalf of a Subscriber undertakes to read these TCUS carefully and to expressly accept them before registering. 

By creating an account and subscribing to a Subscription on behalf of a Subscriber, the User acknowledges having read, understood, and accepted the TCUS without limitation or condition. 

The User is invited to download these TCUS and Conditions to print and retain a copy. 

The applicable TCUS are those in force at the time of navigation on the Site.

 

4. CONTRACT DOCUMENTS 

These TCUS are composed of the following contractual documents:

  • This document;

  • The descriptive sheets of the various Subscriptions/Services and the associated documentation.   

It is understood that these contractual documents are mutually explanatory. However, in the event of any contradiction or discrepancy between the terms of these contractual documents, they shall prevail in the reverse order in which they are listed above, with the lower-ranking document prevalent over the higher-ranking document.

 

5. TECHNICAL SPECIFICATIONS

The User and the Subscriber acknowledge having the knowledge, resources and skills necessary to use the Solution at the time of creating the Account and subscribing to the Subscription. 

In addition, the User and the Subscriber undertake to have previously verified the adequacy of the Solution and the Services offered to their needs. 

In particular, they declare that they have received from KASPR all the information and advice necessary for the subscription of these TCUS and waive any dispute on this point. 

The equipment enabling access to and use of the Solution shall be at the User’s expense, as well as any telecommunications costs resulting from its use.

The User acknowledges that the Solution, and in particular the Extension, is only compatible with the Google Chrome web browser. As such, it acknowledges that it can access this browser and, in general, have the necessary technical means to use the Solution. 

 

6. ACCOUNT

To be able to use the Solution and access the Services, the User must first create an Account on the Site before subscribing under the conditions set out in Article 7 of the TCUS.

 

6.1. Account Creation

To opening his Account, the User must: 

  • Accept these TCUS ; 

  • Enter a business e-mail address ; 

  • Validate his/her Account with a validation code sent to the professional email address entered. 

Prior to the validation of its Account, the User, by clicking on the box « I accept the general conditions of use and service of KASPR» expressly acknowledges having read these TCUS and the various documents to which they refer and accepts them without reserve. 

The information provided by the User to KASPR at the time of registration must be complete, accurate, up-to-date, truthful and not misleading. KASPR reserves the right to ask the User to confirm its identity, eligibility and the information provided by any appropriate means.

KASPR reserves the right to suspend the Account in accordance with the terms and conditions set out in article 6.4 of these GCSU if there is any doubt as to the truthfulness of the information provided by the User. This will be the case if KASPR suspects a false identity or if the Account is synchronized with a LinkedIn account that is not the User's or with a fake LinkedIn account (Example of a LinkedIn account considered by KASPR as a fake account: LinkedIn account with no contact, no activity, no profile picture). 

The User agrees to create only one Account on the Site corresponding to his identity. KASPR declines all responsibility for any harmful consequences that may result from the use of multiple Accounts by a single User.

 

6.2. ID Management

The email address and password constitute the User’s Identifiers.

The User may log into its Account to change the password. The User is advised to change its password regularly.

The purpose of the Identifiers is to enable the User to secure its account, to protect the integrity and availability of the Solution, as well as the integrity and confidentiality of Data from business contacts.

Identifiers are personal and confidential. The User undertakes to make every effort to keep them secret and not to disclose them in any form whatsoever to ensure that no other unauthorised person has access to the Solution.   

The User is fully responsible for the use of the Identifiers or actions made through its Account. Any access and action carried out from a User’s Account will be presumed to be carried out by that User, insofar as KASPR is not obliged and does not have the technical means to ensure the identity of the persons having access to the Account. Under no circumstances can KASPR be held liable in the event of impersonation of a User.

Any loss, misappropriation, or unauthorised use of a User’s Identifiers and their consequences are the sole liability of the User, the latter being obliged to notify KASPR, without delay, by e-mail addressed to the following address : contact@kaspr.io.

If a User discloses or uses its Identifiers in a manner contrary to their destination, KASPR may then terminate these TCUS and remove access to the Account without notice or compensation.

 

6.3. Deletion of the Account at the User's initiative

The User may delete his Account at any time by going to the Account settings provided for this purpose, accessible at the bottom of the page.

After sending the deletion request, the User will receive a notification informing its of the consequences of the deletion and a written confirmation will be requested to validate the procedure.

As soon as the User validates the procedure, KASPR will proceed with the immediate deletion of the Account and will send the User an email confirming the closure. 

The deletion of the Account will result in the inaccessibility of the Account and the impossibility for the User to create a new one with the same professional email address. 

The User who deletes his Account acknowledges that this deletion is irrevocable and that it also entails the consequences listed below.

Before deleting an Account, the Freemium and Premium Subscribers acknowledge that they have taken knowledge of the related consequences and accept them.

  • On the Workspace and Data

If the User is not a Workspace Administrator, it will be withdrawn from the Workspace. All the Data related to his profile accessible to other Users will be lost. 

If the User is the only Workspace Administrator, the Workspace, as well as all the elements, contents, professional contacts and Data in it will be definitively deleted and the other Users will not have access to it anymore. 

  • Consequences on Credits 

When a FREEMIUM Subscriber deletes a Workspace, in his/her capacity as Administrator, the Credits attached to the FREEMIUM Subscription will be kept.

When a PREMIUM Subscriber deletes a Workspace, in its capacity as only Workspace Administrator, the Credits attached to the PREMIUM Subscription will be permanently lost, which the PREMIUM Subscriber acknowledges and accepts.

  • Consequences for the Subscription 

In case of deletion of the Account, the User acknowledges that he/she will no longer be able to enjoy his/her Subscription.

In the case of a PREMIUM Subscription, the deletion of the Account by the user shall be considered as an early termination of the PREMIUM Subscriber's subscription, who hereby agrees to pay the monthly or annual instalments due until the end of the PREMIUM Subscription.

 

6.4. Suspension and deletion of hte Account at KASPR's initiative

KASPR reserves the right to suspend a User’s Account if the User does not comply with these TCUS. This suspension will make it impossible for the User to log onto its Account and access the Services. 

In such a case, a notification email will be sent to the User with the reason for suspension indicated. Failing regularisation within a period of 7 days, the Subscription will be terminated for fault in the conditions set out in article 7.5. of these TCUS.

The Parties to these TCUS agree that suspension does not automatically terminate the Subscription, and that in the case of a Premium Subscription, the monthly payments or annual instalments due or to become due remain payable until the end of the Subscription.

 

7. SUBSCRIPTION

7.1. Subscription Procedure

To subscribe for a FREEMIUM Subscription, the User must: 

  • Download and install the Extension on its terminal;  

  • Synchronise its KASPR account with your LinkedIn account.  

Once these steps are completed, the Subscriber will have access to the Services offered by KASPR.

To subscribe to a PREMIUM Subscription, the User is invited to follow the previous steps exposed for the FREEMIUM Subscription as described below and the following steps: 

  • Click on the “Subscriptions” tab; 

  • Choose the desired Subscription; 

  • Proceed to create a Workspace in case of Premium Subscription; 

  • Select the desired number of Users in case of Premium Subscription; 

  • Add Credit options in case of Premium Subscription; 

  • Specify billing information in case of Premium Subscription; 

  • Accept these TCUS; 

  • Proceed to the payment of the subscription according to the means of payment proposed on the Site in case of Premium Subscription. 

Once these steps have been completed, an acknowledgement of receipt of the Subscription is automatically sent to the Subscriber by email, provided that the e-mail address communicated during the creation of the Account is correct. 

The start date of the Subscription is deemed to be the day of the Subscription.

 

7.2. Creation of a Workspace

Prior to subscribing to a PREMIUM Subscription, Subscriber must create a Workspace. 

This step is mandatory to attach the PREMIUM Subscription to a Workspace. Once the Subscription is subscribed, a certain number of Credits will be allocated to the Workspace and may be used by the Users invited by the PREMIUM Subscriber.

 

7.3. Change of Subscription

The Subscriber may  change its Subscription formula during Subscription. This change will not have any impact on the duration of the initial Subscription.

  • Change of Subscription to a higher Subscription (hereinafter Upgrade)

In case of change, the price difference between the current Subscription and a PREMIUM Subscription of a higher level must be paid when the new Subscription is taken out.

The change of Subscription to a higher PREMIUM Subscription takes place immediately after payment. The amounts due to KASPR are calculated as follows: 

    • If the initial Subscription is annual, the Subscriber shall pay the difference between the initial Subscription and the new Subscription in proportion to the number of months remaining before the end of the current Subscription period; the new Credits obtained as a result of this change shall be granted in proportion to the remaining duration of the current Subscription :

    • If the Subscription is monthly, Subscriber shall pay the difference between the initial Subscription and the new Subscription without consideration of the remaining term of the initial Subscription. 

  • Change of Subscription to a lower Subscription (hereinafter Downgrade)

The change of Subscription to a lower Subscription will only take place at the end of the initial Subscription period provided that the notice period is respected: 

    • At least 48 (forty-eight) hours before the end of the monthly Subscription; 

    • 1 (one) month before the end of the annual Subscription. 

Higher Subscribers affected by the change of Subscription will no longer have access to the Services and features offered with the initial Subscription as of the end of the initial Subscription period. 

Credits obtained during the initial Subscription but not used will be lost at the end of the initial Subscription.

 

7.4. Duration of the Subscription

Subscriptions are taken out for a duration of one (1) month or one (1) year.

Subscriptions are automatically renewed by tacit agreement upon expiry, for a period equal to the initial Subscription duration and at the same price, subject to changes in pricing conditions as set out in article 12.2 of these TCUS, unless terminated under the conditions set out in article 7.5. 

Any Subscription that has been started is due in full.

 

7.5. Termination

  • Non-renewal of the Subscription

The Subscriber may terminate his or her Subscription at any time by e-mail to contact@kaspr.io or directly from his or her Account, providing a notice period of: 

    • At least 48 (forty-eight) hours before the end of the monthly Subscription; 

    • 1 (one) month before the end of the annual Subscription. 

If the notice period is not respected, the Subscription will be automatically renewed.

  • Early termination at the Subscriber's initiative

The Subscriber may, if he wishes, terminate the current Subscription early. In this case, the amounts due and owing and accruing due and owing will remain due and cannot be reimbursed, the Subscriber remaining free to use the Services until the end of the current Subscription period.

  • Termination for breach

If the Subscriber fails to meet his contractual obligations, KASPR reserves the right to immediately suspend the Subscription. The Subscriber will have three weeks to regularise the situation. 

If the situation is not remedied, the Subscription will be terminated to the exclusive detriment of the Subscriber and all Accounts linked to the Subscription will be immediately deleted resulting in the consequences set out in 6.3. 

If one of the Parties fails to fulfil its contractual obligations, the Contract may be terminated by the other Party rightfully 15 days after sending a formal notice by registered letter with acknowledgement of receipt remained unsuccessful.

  • General provisions

The Account will be automatically deleted in the event of termination: 

    • for breach by a PREMIUM and FREEMIUM Subscriber, 

    • for non-renewal of a FREEMIUM Subscription; 

    • at the initiative of a FREEMIUM Subscriber.

The Account will not be deleted in the event of termination of a PREMIUM Subscription for non-renewal of the PREMIUM Subscription or at the initiative of a PREMIUM Subscriber; the Subscriber will automatically be granted a FREEMIUM Subscription.

In all cases of termination, the Workspace created by the Subscriber as well as all the elements, contents, professional contacts, Data and Credits attached to it, will be permanently deleted and other Users will no longer have access to it.

 

8. DESCRIPTION OF SERVICES

8.1. Access to Services

After creating an Account, the User must, to be able to access all the features offered in a Subscription by the Solution: 

  • Download and install the Extension on its terminal; 

  • Synchronise his KASPR Account with his LinkedIn Account. 

The Subscriber acknowledges being informed that the Extension is only compatible with the Google Chrome browser. 

The Subscriber acknowledges that these steps are essential to access all the functionalities of the Solution.

 

8.2. Presentation of Services

Each Service provided by the Solution may be activated by the User after having created an Account and, for certain paid Services, having taken out a Subscription and having received one or more Credits.

KASPR undertakes to present in a clear, legible and understandable way : 

    • The essential characteristics of the Services, taking into account their nature and the communication medium used, and in particular the functionality, compatibility and interoperability of the Services, and the existence of any restrictions on their use ;

    • The mandatory information that the User must receive under applicable law. 

These characteristics and information appear on the Site.  

By creating an Account and taking out a Subscription, the Subscriber can benefit from the following Services: 

  • Creating an Account and browsing the Site

KASPR offers any User the possibility to create an Account giving him access to a personal space and to browse the Site in order to consult the various pages through his Account.

  • Access to the Database

The Subscriber has the possibility to use Credits to discover the Data contained in the KASPR Database accessible through the Solution and in particular the contact details of professional contacts.

He can then add them to his address book. 

The Subscriber may also transfer the contact details of this professional contact to the customer relationship management (CRM) solutions it uses, if these are compatible with the KASPR Solution and subject to the specific settings of its CRM solution. In both cases, KASPR cannot be held liable.

  • Organise professional contacts relationships

Subscribers can organise their relations with professional contacts by creating groups to share various information. 

  • Provision of a Workspace

Each Subscriber has the possibility to create a Workspace. In his capacity as Workspace Administrator, the Subscriber can: 

    • invite other Subscribers;

    • manage the list of Subscribers who are part of the Workspace;

    • share information with them. 

Workspaces contain various Data such as team members, activity log, Subscription settings and business contact information. 

FREEMIUM Subscribers cannot share Credits on the Workspace.  

As Workspace Administrator, PREMIUM Subscriber automatically makes the credits they have acquired available to other Users they invite to their Workspace. Therefore, KASPR recommends that PREMIUM Subscribers are particularly careful when inviting other Users in their Workspace. 

In any case, KASPR cannot be held responsible or liable for the use of Credits by the Users invited to a Workspace.

  • Helpdesk

An instant messaging helpdesk to deal with anomalies is available Monday to Friday, 9 :00 am to 7 :00 pm (UTC +1 in winter time, UTC+2 in summer time). Reports of serious discrepancies should be confirmed by email without delay directly to KASPR at contact@kaspr.io. KASPR will diagnose the anomaly and then implement its correction as soon as possible.

 

9. CREDIT

Credits allow Subscribers to perform certain actions within the Solution and the Database. 

Credits can be used directly by:

    • PREMIUM Subscribers or Users they have invited to their Workspace;

    • FREEMIUM Subscriber.

The different types of Credits, as well as the means of obtaining them and the Services for which they may be used, are detailed in the description of the Credits available at https://www.kaspr.io/pricing. 

KASPR offers the User: 

    • The possibility of obtaining Credits free of charge, by performing certain actions on their Account; 

    • The possibility to obtain more Credits by subscribing to Subscriptions; 

    • The possibility of purchasing additional Credits during a Subscription. 

Credits are neither refundable nor exchangeable. They have no financial or monetary value and cannot be considered and/or qualified as electronic money.

Credits are not transferable from one Account to another. Exceptionally, KASPR may accept to transfer Credits, without this constituting the recognition of a common practice by KASPR in the future.

  • « Subscription » credits 

Credits expire at the end of the current Subscription period and cannot be carried over to the next Subscription. 

In case of renewal of the Subscription, the number of "subscription" Credits previously invoiced will be maintained and invoiced for the next Subscription.

However, certain types of PREMIUM Subscriptions allow the Subscriber to keep previously earned and unused Credits in the event of a Subscription renewal.  

  • Unlimited Credits

The User may have access to Unlimited Credits related to certain features of the Solution. 

It is understood that these Credits must be used reasonably by the User, and that a maximum limit of 10,000 credits per account per month applies. Any use of Unlimited Credits through APIs or robots is considered as abusive and violates the licence of the KASPR Database granted to the User.

Misuse of Unlimited Credits may result in suspension of the Account. 

  • « Registration » Credits

When the User creates and validates his Account by linking it to his Linkedin account or when he subscribes to a Subscription, the User obtains Credits. 

The number and nature of the Credits obtained when subscribing to a Subscription depend on the nature and price of the Subscription as described in https://kaspr.io/pricing.

  • « Reward » Credits

By performing certain actions from his Account, the User has the possibility to obtain additional Credits. 

Reward Credits are neither exchangeable nor refundable and can only be used during the current Subscription period. In case of renewal of the current Subscription, the "reward" Credits obtained with the previous Subscription and not used will be lost. 

  • Purchase of additional credits 

The Subscriber may choose to increase the number of Credits normally granted as part of the Subscription by purchasing additional Credits. 

These additional Credits purchased during the Subscription will be valid for the duration of the current Subscription. 

In case of renewal of the Subscription, the number of additional Credits previously billed will be maintained, by default, and billed as part of the upcoming Subscription. The User may, upon renewal of the Subscription, choose to revert to the number of Credits initially granted with his Subscription, the additional Credits will then no longer be billed. 

Additional Credits not used during a Subscription are lost at the end of the current Subscription, i.e. at the end of each billing cycle (monthly or annual) of the Subscription concerned. 

KASPR doesn’t recommend Users from purchasing Credits that they do not expect to use during their current Subscription.

 

10. PRICE CONDITIONS

10.1. Price

In order to benefit from certain Credits reserved for PREMIUM Subscribers, the User must take out a Subscription as described in article 9 herein, or be invited by a PREMIUM Subscriber to a Workspace.

For PREMIUM Subscriptions, the Website displays prices in euros, excluding VAT.

Prices do not include Value Added Tax (VAT) at the rate applicable on the date of subscription. Any change in the applicable rate may affect the price of all taxes included of PREMIUM Subscriptions from the date the new rate comes into effect.

The applicable VAT rate is expressed as a percentage of the PREMIUM Subscription value. 

The price of the PREMIUM Subscription is the one indicated on the Web site at the time of payment. KASPR reserves the right to modify its prices at any time, while guaranteeing that the price in effect on the date of subscription will be applied. 

 

10.2. Revision of the Subscription price

The price and Services offered in the context of a Subscription may be revised by KASPR at any time, at its own discretion. The Subscriber will be informed of the revision of the Subscription price by KASPR 15 days before the renewal of his/her Subscription under the conditions defined in article 7.4 of these General Terms of Use and Service: 

    • By email, to the address provided to KASPR; 

    • By notification, directly on his Account. 

The Subscriber may compare the prices and Services offered between his initial Subscription and the new Subscription. The Subscriber can then: 

    • Change the Subscription by clicking on the "accept the upgrade" button;  

    • Keep his initial Subscription, for a maximum of 1 (one) year. 

Silence on the part of the Subscriber within 15 days of notification of the price revision of the Subscription shall constitute acceptance of the change.

The new price applies when the upgraded Subscription is renewed.

 

10.3. Payment methods

The Subscriber can proceed to the payment of the Subscription on the Site according to the means proposed by KASPR, that is:

  • Direct debits;

  • Wire transfer. 

When he chooses his means of payment, the Subscriber will be redirected to a secure space corresponding to this choice to proceed with the payment. 

When subscribing to the Subscription, payment must be made immediately, otherwise, KASPR will have the right to immediately remove access to the Service. 

The Subscriber will be charged every month or every year, at the end of the Subscription, depending on the duration of the Subscription subscribed. 

For direct debit, the SEPA direct debit mandate is available during the payment process. 

The Subscriber guarantees KASPR that it holds all the necessary authorizations to use the chosen payment method. 

KASPR shall takes all necessary measures to ensure the security and confidentiality of the Data transmitted online when paying online on the Site. 

 

10.4. Delay in payment and non-payment

Without prejudice to any damages, non-payment by the Subscriber of its Subscription at the end of the date indicated on the invoice issued by KASPR shall automatically result in:

    • Application of a late interest rate equal to 3 times the legal interest rate in force plus 5 percentage points from the tenth day of delay;

    • The payment of a flat-rate compensation for recovery costs amounting to EUR 40. When recovery costs incurred exceed the amount of this lump sum compensation, KASPR may request additional compensation, if justified;

    • Immediate suspension of the Account;

    • Termination of the Subscription to the exclusive fault of the Subscriber 15 days of KASPR sending a formal notice by registered letter with acknowledgement of receipt, which has not been successful, without prejudice to the possibility for KASPR to recover the sums due for the Subscription.

 

11. OBLIGATIONS OF THE PARTIES

11.1. Obligations of the User

In connection with access to the Site and any use of the Solution and the Services, the User undertakes not to breach public order, to comply with the laws and regulations in force and to respect the rights of third parties and the provisions of these TCUS. 

In particular, the User undertakes to:

    • Behave loyalty towards KASPR;   

    • Be honest and sincere with the information provided to KASPR; 

    • Use its Account, the Solution and the Associated Services in accordance with these TCUS; 

    • Do not divert the purpose of the Solution to commit crimes, offences or contraventions repressed by the French Penal Code or by any other law;

    • Respect the privacy of third parties and the confidentiality of exchanges;

    • Respect KASPR’s intellectual property rights on all elements of the Site and the Solution; 

    • Not seek to undermine the automated data processing systems implemented on the Site, in particular through practices such as scrapping, under articles 323-1 and followings of the French criminal code (“Code penal”);

    • Do not modify the information posted by KASPR or other Users; 

    • Do not use the Site to send bulk unsolicited messages or malwares (advertising or other); 

    • Not disseminating Data that has the effect of diminishing, disorganizing, slowing or interrupting the normal functioning of the Solution and the provision of the Services;  

    • Not to display messages or information likely to characterize denigration towards KASPR or, where applicable, towards other Users, oran insulting, defamatory, racist, xenophobic, revisionist nature, contrary to public order, inciting discrimination or hatred, threatening a person or group of persons, of a pedophile character, inciting to commit an offence or crime or inciting suicide; 

    • Not to allow third parties to directly or indirectly obtain pirated software, software allowing acts of piracy and intrusion into computer and telecommunications systems, malwares and other logical bombs and generally any software or other tool allowing to undermine the rights of third parties and the safety of persons and property.

The User uses the Services and the Solution under its full and exclusive liability. 

 

11.2. Obligations of KASPR

KASPR's general obligation to provide the Solution is an obligation of means. KASPR has no obligation of result or reinforced means of any kind. 

KASPR undertakes its best effort to ensure an interrupted access and use of the Solution and its Database 7 days a week and 24 hours a day, excluding IT maintenance periods.

KASPR draws the attention of Users to the fact that: 

    • Current Internet communication protocols do not allow a certain and continuous transmission of electronic exchanges (messages, documents, identity of the sender or recipient); moreover, KASPR is, like Users, dependent on persons whose activity is to offer access to online public communication services within the meaning of article 6.1 of the French law of 21 June 2004 for confidence in the digital economy;

    • The Database is constituted from third party sources offering online professional contacts; KASPR makes every effort to ensure regular updates of its Database in order to offer its Users relevant, exhaustive and accurate Data. 

 

12. LIABILITY

KASPR disclaims all liability, in particular: 

    • In case of impossibility to temporarily access to the Services for IT maintenance or update operations ;

    • In case of viral attacks, unlawful intrusion into an automated data processing system;

    • In the event of accidental destruction of the Data by the User or a third party who accessed the Solution using the User’s Identifiers;

    • In case of abnormal or illicit use of the Solution or the Services by a User or by a third party;

    • In the event of non-compliance by the User with these TCUS;

    • In case of delay or non-performance of its obligations, when the cause of the delay or non-performance is related to a case of “force majeure” as defined in article 15 of these TCUS; 

    • In case of foreign cause not attributable to KASPR; 

    • In case of unlawful act of another User.

In the event of abnormal, abusive or fraudulent use of its Account, the Site, the Solution or the Database, the User is solely liable for the damages caused to third parties and the consequences, claims or actions that may result therefrom. In particular, he is solely liable for damage resulting, in whole or in part : 

    • Misuse of the Solution, Services and Database, including through negligence; 

    • Using the Data for purposes other than those strictly necessary for its internal needs; 

    • Third party intrusion or fraudulent use; 

    • The equipment used to access the Solution and Services. 

KASPR will specify to the Subscriber, for each necessary update, the availability of the update, the methods of installation and the consequences in the event of failure to install by the User.

KASPR shall not be liable for lacks of compliance caused by the User's failure to install or incorrect installation of the update, unless such failure to install is the result from KASPR's failure to provide the above information or from deficiencies in the installation instructions. 

Unless the upgrade of the Solution has only a minor impact on Subscriber or KASPR allows Subscriber to keep the Solution and/or Database without the upgrade and subject to the Services remain compliant, Subscriber may terminate this contract rightfully and without charge. However, the Subscriber shall proceed with this termination within a maximum period of thirty (30) days, which shall entail the consequences set forth in Article 7.5.

In all cases, the amount of KASPR’s liability is strictly limited to the reimbursement of the amount of the sums actually paid by the User on the occurrence date of the event. 

It is also specified that KASPR does not control websites that are directly or indirectly linked to the Site and the Solution. Accordingly, it excludes all liability for the information published therein. Links to third party websites are provided for informational purposes only and no warranty is provided for their content.

 

13. "FORCE MAJEURE"

KASPR’s liability may not be implemented if the non-performance or delay in the performance of any of its obligations described in these TCUS results from a case of “force majeure”. 

“Force majeure” in contractual matters occurs when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation. 

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions laid down in Articles 1351 and 1351-1 of the French Civil Code. 

In the event of any of the above events, KASPR will endeavour to inform the User as soon as possible.

 

14. INTELLECTUAL PROPERTY

14.4. General Provision

  • Intellectual property rights of KASPR

The User acknowledges the intellectual property rights of KASPR on the Solution and the Site, their components, including software, Database and, in general, any component of the IT infrastructure provided or implemented under these TCUS and waives the right to contest such rights in any form. 

In addition, the User acknowledges that the trademarks, logos, slogans, graphics, photographs, animations, videos, audio recordings, software and text solutions and any other content on the Solution Site, the Database, except for Content published by other Users, is the intellectual property of KASPR and may not be reproduced, used or represented without express permission under penalty of legal proceedings. 

In some cases, these Contents are not the property of KASPR but KASPR has obtained express permission to use them or may use them in accordance with the applicable legislation. 

Any representation or reproduction, in whole or in part of the Services and the Site, of their components, as well as of the documentation concerning them, by any process whatsoever, in any form whatsoever and on any medium whatsoever, without the express prior authorization of KASPR is prohibited and will constitute an infringement sanctioned by the provisions of the French Intellectual Property Code. 

In particular, KASPR expressly prohibits:

    • The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the Contents on another medium, by any means and in any form whatsoever;

    • Reuse, by making available to the public, all or a qualitative or quantitative substantial part of the Content; 

    • Reproduction, extraction or reuse, by any means, including web-scraping of the Content.  

Acceptance of these TCUS means recognition by the User of KASPR's intellectual property rights and a commitment to respect them.

  • Ownership rights to the Date downloaded by the User and intellectual property rights to the User’s database.

In the course of using the Services, the User may upload Data to the Solution to which KASPR may have access in its capacity as editor and administrator of the Solution.

The User hereby authorises KASPR, free of charge, to access, use and exploit the Data that the User uploads or makes available on the Solution.

All Data transmitted by the User shall become and remain the property of KASPR, even after the account has been deleted.

The User grants, on a non-exclusive basis and free of charge, a licence to use his database if he has one, under the conditions defined below.

This licence includes: 

    • The right for KASPR to reproduce, represent and make use of all or part of the Data in the context of the management, supply and proper administration of the Solution, 

    • The right to adapt all or part of the Data, to correct it, to modify it and to make it evolve; 

    • The right to access the Data, to make backup copies of the Data, to load, display, extract or store the Data on any media, known or unknown; 

This licence is granted on all media and technologies, known or unknown, for the entire world and for the entire duration of the protection of the intellectual property rights attached to the Data as of the signing of these TCUS, subject to compliance by KASPR with the provisions of this article. 

The User guarantees KASPR that it will be able to use the Data without infringing on the rights of third parties in accordance with applicable legislation and that it has obtained all necessary authorizations to grant this licence and, if applicable, the implementation of an API on their solution managing their database. 

 

14.2. Licence to use the Solution and the Database

The Subscriber hereby acknowledges KASPR's copyright in the Database and the Solution as well as its status as a Database Producer within the meaning of Article L. 341-1 of the French Intellectual Property Code.

In return for subscribing to a Subscription, KASPR grants to the Subscriber a personal, non-exclusive, non-transferable, non-sublicensable and limited right for the entire time period of the Subscription and worldwide, use and access the Solution and the Database. 

Right of use means the right to represent the Solution in accordance with its destination, in SaaS mode via a connection to an electronic communication network. 

The Subscriber is authorised to access or retrieve business contacts within the limits of his or her credits for use in accordance with these TCUS for his or her internal business use. 

The Subscriber may not under any circumstances make the Solution and the Database available to a third party, and is strictly prohibited from any other use, including but not limited to any adaptation, modification, translation, arrangement, distribution, or decompilation. In any event, Subscriber agrees not to: 

    • To attempt to copy, modify, reproduce, create any derivative work, alter, mirror, republish, download, display, transmit or distribute all or any part of the components of the Solution or Database in any form, on any medium or by any means whatsoever;

    • To attempt to decompile, disassemble, reverse engineer or otherwise make comprehensible all or part of the Solution or the Database;

    • To access all or part of the Solution or Database in order to design a competing solution;

    • To attempt in any way to remove, circumvent any Technical Protection Measure (TPM), or to use or manufacture for sale or lease, import, distribute, sell or lease, offer for sale or lease, promote the sale or lease or hold for private or commercial use any means to facilitate the removal or unauthorised circumvention of TPMs;

    • To use the Solution or Database to provide services to third parties or to sublicense, sell, lease, assign, assign, distribute, display, disclose, commercially exploit or otherwise make the Solution or Database available to any third party.

Subscriber may use the Solution and Database only for its own business use and internal operations, in accordance with its own needs. 

The Subscriber acknowledges that the licence to the Solution and the Database is granted solely for the purpose of allowing the Subscriber to use the Solution and the Database and to access the Services, to the exclusion of any other purpose. 

The Subscriber acknowledges having received from KASPR all the necessary information enabling him/her to assess the suitability of the Solution and the Database for his/her needs and to take all necessary precautions for its use. KASPR may provide, at the Subscriber's request, any recommendations necessary to optimise his choices and provide the most appropriate coverage for his needs.

The Subscriber may use the Solution and the Database during the Subscription period 7 days a week, 24 hours a day, including Sundays and holidays, except during maintenance periods. 

In the event of abusive or wrongful use of the Solution or the Database by the User in disregard of these General Terms of Use and Service, KASPR reserves the right to suspend the Subscriber's Account at any time, and to initiate any legal proceedings against him/her.

In this regard, the Subscriber is prohibited from storing, reproducing, representing or retaining, directly or indirectly, on any medium whatsoever, by any means and in any form whatsoever, all or a qualitatively or quantitatively substantial part of the Database for purposes other than those set out in these TCUS. 

The Subscriber is not authorised to: 

    • Use the Database to create a new database that is not directly related to its own internal purposes; 

    • To manipulate and/or use the Database in a way that could directly or indirectly compete with KASPR;

    • To re-use the Data for any purpose other than strictly necessary for its own internal needs, excluding any resale or provision of the Data to third parties, even in an exceptional and fragmentary manner;

Apart from the Credits allowing it, the Subscriber is prohibited from: 

    • Extracting, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the professional contacts contained in the Database onto another medium, by any means and in any form whatsoever;

    • Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the professional contacts contained in the Database, in any form whatsoever.

 

15. PROTECTION OF PERSONAL DATA

Respect for Users' privacy and Personal Data is a priority for KASPR, which undertakes to comply with French Law no. 78-17 of 6 January 1978 and the General Data Protection Regulation (EU) of 27 April 2016 (hereinafter the “GDPR”).

Each Party warrants to the other Party that it will comply with its legal and regulatory obligations with respect to its role in protecting Personal Data.

 

15.1. Processing performed by KASPR as Data Controller

In the context of the operation of the Solution and the Services, KASPR may collect and process, in its capacity as controller, User Personal Data and, where applicable, their representatives or members of their personal staff. 

This Personal Data is necessary for the management of Subscriptions, the provision of the Solution, the management of Services, payment, enquiries, requests for rights, for the purpose of ensuring the smooth operation and continuous improvement of the Solution and its Services and functionalities and, if the User has expressly chosen this option, for the sending of newsletters, unless it no longer wishes to receive such communications from KASPR. 

This Personal Data is intended for KASPR as well as all the service providers that may be associated with the performance of the Services. 

In accordance with the regulations, KASPR ensures the implementation of the rights of data subjects. 

In this respect, the User has the rights relating to Personal Data concerning him by writing to KASPR (right of access, rectification, limitation, portability, erasure and opposition to the use of your personal data as well as the right to formulate directives concerning the management of personal data post mortem). The User also has the right to lodge a complaint with the CNIL.

The User may exercise these rights by sending: 

  • An email to: privacy@kaspr.io ; or

  • Mail to au 38 Rue Dunois, 75013, France.

To better understand their rights, Users can also consult the website of the National Commission for Information Technology and Freedoms, accessible at the following address: https://www.cnil.fr/

 

15.2. Processing carried out by the User as Data Controller

The User may be required to collect and process the Personal Data of professional contacts, in particular those contained in the KASPR Database, in the course of using the Solution. 

The User guarantees that he/she processes this Personal Data in compliance with the rights and obligations arising from the French law "Informatique et Libertés" and the RGPD. 

When providing Personal Data to KASPR, the User guarantees that he/she respects the rights and obligations arising from the French law "Informatique et Libertés" and the RGPD and that he/she has the necessary authorizations to allow KASPR to carry out the processing of Personal Data necessary for the implementation of the Solution and the Services.

The User remains solely liable for the processing of Personal Data carried out for his/her own needs. In this respect, it is the User's responsibility to carry out a balance of interests in the case of processing based on legitimate interest, to inform the persons concerned of this processing, of the origin of the Data and to provide them with all the information required by the regulations on the protection of personal data.

The User acknowledges that it ensures that an

appropriate level of security is in place to prevent the loss of the integrity, availability and confidentiality of the Data it processes and acknowledges that it provides a level of security that:

  • Ensures compliance with the Personal Data Protection Act; 

  • Complies with best practices and privacy regulations. 

To the extent that KASPR and the User independently determine the methods and purposes of the processing, the Parties are considered as separate controllers.

For more information on KASPR’s Personal Data Processing Policy, the User is invited to consult the KASPR Privacy Policy available at the following address: https://kaspr.io/privacy-policy which will give him detailed information concerning the processing of Personal Data carried out by KASPR in connection with the execution of the TCUS. 

 

16. CONTACT - SUPPORT

Any questions concerning the use or operation of the Solution and the Services may be formulated in the following manner : 

  • By chat to https://www.kaspr.io

  • By email at contact@kaspr.io; or 

  • By letter at KASPR 38 Rue Dunois, 75013, France.

 

17. TCUS VALIDATION

If any of the provisions of these TCUS should be declared null and void in relation to any applicable legislative or regulatory provision and/or court decision having res judicata, it shall be deemed unwritten but shall not affect the validity of the other clauses which shall remain in full force and effect.

Any such modification or decision does not in any way authorise the User to disregard these TCUS.

 

18. MODIFICATION OF TERMS AND CONDITIONS OF USE AND SERVICES

TCUS may be modified and updated by KASPR at any time, in particular to adapt to legislative or regulatory developments.  

Any modification of these TCUS and the documents referred to therein will be notified to the User before the entry into force of the changes. 

  • Either, the User consents to these modifications, in which case they will automatically enter into force on the date provided for in the notification; 

  • Either, the User refuses the modifications, in which case he may, if he is a subscriber, terminate his Subscription and delete his Account. In this case, the TCUS in effect on the day the Subscription was taken out will be maintained until the end of the Subscription, without the present TCUS being tacitly renewed.

The User expressly accepts that its silence following the information given about the modification of the TCUS is considered as acceptance of the modifications made.  

 

19. GENERAL PROVISIONS

The fact that one of the Parties has not required the application of any clause of these TCUS, either permanently or temporarily, may in no case be considered a waiver of said clause.

In case of difficulty of interpretation between any of the titles appearing at the top of the clauses, and any of them, the titles will be declared non-existent.

 

20. APPLICABLE LAW - JURIDICTION

20.1. Applicable Law

THESE TCUS AND THE RELATIONSHIP BETWEEN THE USER AND KASPR ARE GOVERNED BY FRENCH LAW.

 

20.2. Dispute Resolution

IN THE EVENT OF A DISPUTE ARISING BETWEEN THE PARTIES CONCERNING THE CONCLUSION, THE EXECUTION OR THE RESILIATION OF THE HEREIN, ONLY THE COURTS OF PARIS SHALL HAVE JURISDICTION.

Prior to any recourse to the arbitral or state judge, and in order to find an amicable solution to any dispute that may arise in the performance of the TCUS, the Parties agree to meet within 15 days of receipt of a registered letter with acknowledgement of receipt notified by either Party. 

If, after a further period of 15 days, no agreement is reached between the Parties, the dispute will be submitted to the competent Parisian courts.