Terms of Use
Solutions.Kalicube Website
Last updated: 23 November 2023
Intro
Kalicube SAS (“Kalicube” or “we”) welcomes you, our user (“User” or “you”). These Terms of Use (“Terms”) apply to our website, – https://solutions.kalicube.com/ (“Website”).
Our Privacy Notice for the Website describes our collection and use of personal data connected to your access to and use of the Website.
By accessing the Website, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you are not permitted to and must discontinue accessing the Website.
If you have any questions or comments about these Terms, please contact us.
Content
Third-party websites and services
Content and intellectual property
Applicable law and jurisdiction
About us
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Name |
Kalicube SAS |
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Business identification number (SIREN number): |
808 762 199 |
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Address |
10 Chemin du Travers, 30250 Aubais, France |
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katrina@kalicube.com or jason@kalicube.com – for general inquiries |
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privacy@kalicube.com – for privacy inquiries |
Please note that we may not respond to offensive emails or messages. We kindly ask you to be polite during your communication with us.
Entire agreement
In brief:
- This is an agreement between Kalicube and users of the Website.
- By accessing the Website, you agree to comply with these Terms and applicable laws and regulations.
- You have to have full legal capacity to use the Website.
These Terms and Privacy Notice for the Website constitute the entire legally binding agreement between us and our users.
By accessing the Website, you declare and confirm that:
- you have read, understand, and have the legal capacity to, and with this agree to be legally bound by and to comply with these Terms in full;
- you are 16 years of age or older, have the full legal capacity and are not restricted otherwise (otherwise, you can access and use the Website exclusively under the supervision of a parent or guardian);
- according to the laws of your local jurisdiction, you are eligible to enter into this agreement and have no restriction to access and use the Website;
- you shall continuously comply with these Terms and all applicable laws and regulations each time you access the Website.
Our website use
In brief:
- Using the Website, you access the consulting courses we provide, pay for some of them, and receive confirming certificates.
Courses library
You can access and use the consulting courses we provide via our library using the Website. After you complete all lessons and all quizzes of the relevant course with a minimum score of the right answers of 80% (eighty per cent), you can receive a confirming certificate.
Courses payments
With the Website, you can pay for the Brand SERP Courses, Triggering and Managing Knowledge Panels Course, or any other applicable.
The purchased courses are available for you for one (1) year upon payment.
Please note that the payments are processed by third-party payment processors.
Specific restrictions
Please note that we do not provide any service or access to any of our courses and all other materials to persons from the Russian Federation and the Republic of Belarus.
We do not engage in any business neither with companies owned by or affiliated with the citizens of the Russian Federation or the Republic of Belarus nor with companies that support the Russian aggression in Ukraine.
Account
Account registration
You must have a personalized account (“Account”) to access and use the courses we stored in our library via the Website.
To create the Account, you have to fill out the relevant registration form, create the password, and verify your email by following the link sent to the provided email address.
Please provide accurate and complete information during registration and verification procedures and keep the information of your Account up-to-date.
You are solely responsible for maintaining the confidentiality and security of the login credentials and for all actions taken through your Account.
Problems with account
You must not transfer or assign your Account to someone else.
Please immediately contact us if:
- you have lost access to your Account,
- you know or have any reason to suspect that someone has gained access to your Account without your authorization,
- your credentials have been lost, stolen, misappropriated, or otherwise compromised;
- you want to delete your Account.
Payment and refund
In brief:
- The courses and other materials are accessible on a free-of-charge basis or for a fee.
- Your payments are processed via third-party payment processors.
- Your purchases made through the Website may be refunded.
The courses and other materials, if any, available via the Website are accessible on a free-of-charge basis or for a fee (in the amount specified by us, including those displayed on the Website).
Payment terms
Your payments are processed via third-party payment processors, and we are not responsible for any errors, omissions, and all other deficiencies caused by such payment processors and for any loss, damage, or other liabilities incurred as a result of your use of such payment processors.
Please note that if you pay in a currency that is different from the currency in which the fees are displayed on the Website, your bank may apply its current exchange rate and/or add commissions and fees on top of the amount of the payment.
Refund
If you have any problems with the functioning of the Website, please contact us, and we will make every effort to help you.
Your purchases made through the Website may be refunded. Please, contact us, and we will inform you of the terms of the refunds.
Third-party websites and services
In brief:
- The Website may include some functions which depend on a third party’s services, which we do not control. Therefore, we cannot guarantee the uninterrupted operation of all Website and third-party services’ features.
The Website may depend on or contain links to other websites and services.
The access and use of the other websites and services we own or manage are subject to the relevant software as a service agreement (or equivalents) published on such websites and services and are not governed by these Terms.
The access and use of the other websites and services we do not control are governed by third parties and do not fall under these Terms.
We are not responsible for the content, functions, and services offered through third-party websites or services and for any loss, damage, or other liabilities incurred as a result of your use of such websites, services, and their content or functions. We do not control the features available or accessed through them.
You acknowledge that other terms of use (or equivalents) and privacy notices (or equivalents) apply to your use of third-party websites, services, and their content or functions.
Content and intellectual property
In brief:
- We own or have a relevant license to the Content.
- We give you the rights to use the Website under these Terms.
- We can remove any Content or User Content that violates these Terms.
- By submitting the Feedback about our services, you grant us the right to use and publicly display the feedback for marketing, advertising, and other purposes.
The Website is owned and managed by Kalicube.
The Website and the materials in the Website, including text, graphics, information, images, drawings, trademarks, logos, videos, sounds, music, software, and other materials accessible or downloadable from the Website (collectively, – “Content”), as well as copyright and other intellectual property rights to such Content, belong to Kalicube or our affiliates or is included in the Website with the consent of the relevant owners or rights holders.
The term “Content” does not include any materials you provide to us in any manner.
Subject to your continuous compliance with these Terms, we grant you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, and worldwide license to access and use the Website and Content via the device or devices you lawfully own or control in the manner provided for in these Terms.
We may provide upgrades, modifications, updates, or additions to the Website. The terms of this license shall apply to any such modification unless a separate license accompanies it.
The Content, or any elements thereof, shall not be used in any manner without our or relevant owners' or rights holders' prior written consent in any manner not provided by these Terms.
Under this license, you shall not:
- sell, lease, rent, license, sublicense, or otherwise distribute the Content;
- copy, decompile, disassemble, translate, or reverse engineer the Content, in whole or in part;
- reproduce, publish, transmit, write, or develop any derivative intellectual property objects, make an attempt to derive the source code of the relevant Content, and its updates;
- provide, disclose, divulge, or make available to, or permit the use of the Content by any third party without prior written consent of Kalicube;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Website and Content;
- use the Website and Content for sending spam, opt-in or unsolicited email, port scanning, scanning for open proxies or open relays, attacking in any way, shape, or form any other computer or network;
- use the Website and Content for illegal purposes or in any manner that is not provided under the license;
- change or delete any Kalicube ownership notices from the Content downloaded or printed from the Website.
Your license to access and use the Website shall be automatically revoked if you violate these Terms. We reserve all rights not expressly stated in these Terms.
We will enforce our intellectual property rights and use any remedy available under the applicable law.
User content
“User Content” means any materials, including comments, reviews, and all other materials, provided and managed through the Website by you. You own and are responsible for the User Content and information that you submit through the Website.
You are prohibited from providing and managing User Content (comments and reviews), which:
- is offensive by its nature, such as content that promotes racial or ethnic offences, bigotry, hatred, physical harm of any kind against any group or individual, animal cruelty;
- contain information that is false, misleading, or promotes illegal activities or conducts that is abusive, threatening, obscene, defamatory, libellous, or physical violence or encourages conduct that would be considered a criminal offence or bring forth civil liability;
- bullies, harasses, or threatens another individual;
- displays or promotes pornographic or sexually explicit material of any kind, including underage;
- promote sex-related entertainment, escort services, or other services that may be interpreted as providing sexual acts in exchange for compensation;
- contain not authorized advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
- demonstrates a nude body, offensive gestures, and motions.
We may, but are not obliged to and are not responsible for, control any Content or User Content. We make no representations or warranties to any Content or User Content.
Please contact our support if you find any User Content violating these Terms or your rights.
We can remove any Content or User Content that violates these Terms or apply other measures.
Your feedback
We appreciate any of your feedback and comments on our services (collectively, – “Feedback”).
Please note that by submitting the User Content or Feedback to us directly or via any platform or social media, you:
- grant us a worldwide, nonexclusive, royalty-free, perpetual, revocable, transferable, assignable, and sub-licensable (through multiple tiers) license and right to copy, reproduce, use, modify, adapt, distribute, publish, translate, create derivative works from, distribute, and publicly display including online, such Feedback and User Content on our website, social media accounts, our marketing, advertising, or any other informational communications distributed via email or otherwise, and in any other media, including for marketing and advertising purposes, and otherwise exploit such Feedback and User Content regardless of when and in what manner you provided it. You grant us the right to use and refer to the name or username that you submit in connection with such Feedback and User Content. For this reason, we ask that you not submit any Feedback and User Content or delete any existing one that you do not wish to license to us as set herein;
- agree and acknowledge that you are solely responsible for the information in your Feedback;
- represent and confirm that you were not asked, instructed, or commissioned to submit fake or misleading reviews and endorsements or misrepresent your experience with our services;
- represent and warrant that the use of your Feedback does not violate any third party’s rights;
- expressly release and discharge us, our affiliates, sublicensees, successors, and assignees from all liability, claims, and demands arising out of or in any way connected to our exercise of the rights granted under the license provided herein, including without limitation, any liability based on rights of publicity, invasion of privacy and other civil rights, moral rights, and copyright infringement.
Please, contact us to request to refrain from or discontinue our use of your Feedback at any time.
The Feedback appearing on our Website, social media accounts, and marketing, advertising, and other communication reflects the individual experience of those who have used our services. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other user might experience.
Warranties and disclaimers
In brief:
- The Website is provided to you “as is.”
- We do not promise that the Website will function uninterruptedly as provided in these Terms and disclaim all other warranties.
- If the Website’s software malfunctions, we will make every commercially reasonable effort to resume its correct operation.
The Website is provided to you “as is.”
We do not provide you with any promises that your business will reach any key performance indicators or any other results as a consequence of the provision of our services to you, including the described on the Website or discussed during the calls with us.
By accessing the Website, you declare and confirm that you are duly informed, aware of, and have no claims, demands, or objections that any of your business activity is conducted at your own risk and all results of the provision of our services to you are implemented solely at your own discretion and under your sole responsibility.
To the fullest extent permitted by law, we disclaim all warranties concerning the Website, its functionality, Content, and any information published on the Website, including, without restrictions, warranties of fitness for a particular purpose, merchantability, and non-infringement of intellectual property rights of third parties or other rights.
We make no promises or guarantees regarding the accuracy, usefulness, reliability, and correctness of the Website, Content, and information included in the Website and Content or published there.
We do not warrant that the operation of the Website will be uninterrupted or secure, that any defects will be corrected, or that they will be free of viruses or other harmful elements.
We do our best to keep your data safe and secure and maintain the Website’s functionality. However, the Website may be unavailable for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, and signal strength, and may be interrupted, refused, limited, or curtailed.
We are not responsible for data loss or the inability to use the Website or Content caused due to the above.
Limitation of liability
In brief:
- We are not liable for any loss or damage caused by your use or inability to use the Website or Content or otherwise arising under these Terms.
- We are not liable for any consequences of the implementation and application of the results of any of our consultations described in the Website or Content in your personal or business activity.
Our liability
To the fullest extent permitted under the applicable law, we shall not be held responsible if any information, materials, or Content is available through the Website or any typographical errors or omissions in the text or other materials.
In no event shall we, our affiliates, our subcontractors, or any other team members be liable for any direct, indirect, incidental, special, consequential, or incidental damages, including lost profits, loss of data, or damage to property, related to the use or inability to use the Website or Content. We, our affiliates, our subcontractors, or any other team members shall not be liable for damage caused by the use of information obtained through the Website or Content, as well as as a result of errors, defects, and interruptions in the Website, even if we were notified of such damage.
We are not liable for any results of your implementation and application of the results of any of our consultations described in the Website or Content in your personal or business activity.
The above disclaimer applies to the fullest extent permitted by applicable law.
Your liability
You agree to be liable for your compliance with these Terms while accessing or using the Website or Content.
Indemnification
In brief:
- If you violate these Terms, misuse the Website or Content, or violate any law or third party’s rights, you agree to indemnify and defend Kalicube.
You agree to defend, indemnify and hold harmless us, or our shareholders, directors and all other officials, employees, contractors, subcontractors, vendors and all other counterparties from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:
- any breach by you of any of these Terms;
- your use or misuse of the Website or Content;
- a violation by you of applicable law, third party’s intellectual property or other rights, any agreement or terms with a third party to which You are subject.
We reserve the right to handle our legal defence however we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us to execute our strategy.
Applicable law and jurisdiction
In brief:
- The laws of the French Republic govern these Terms.
- We hope to resolve all the issues by amicable means, but if a serious dispute arises between us, it must be resolved in the national courts of the French Republic.
These Terms shall be exclusively governed by and construed under the laws of the French Republic, excluding its rules on conflict of laws.
Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to the Website, Content, or these Terms, including, without limitation, those relating to its validity, its construction, or its enforceability shall be resolved through amicable negotiations directly with Kalicube team following the principles of good faith and cooperation.
If we cannot reach a consensus through negotiations, the dispute shall be settled exclusively in the national courts of the French Republic, subject to its jurisdiction rules, with the applicable substantive law of the French Republic.
All claims shall be brought within one (1) year after the claim arises, except to the extent that a more extended period is required by applicable law.
Electronic communications
By using the Website and providing us with your contact information, you understand and agree that we may send you recommendations and information via email regarding, without limitation:
- your use of the Website or Content;
- updates of the Website and these Terms;
- subscriptions, transactions, and cancellations under these Terms.
Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise our services or offers we believe you may be interested in. You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.
You can read more about the rules of personal data processing in our Privacy Notice for the Website.
Termination
In brief:
- To terminate this agreement with us, you have to stop accessing and using in any manner the Website or Content or by deleting your Account (if any).
- We are entitled to terminate your access to the Website or Content if you violate these Terms.
Termination by us
We reserve the right at our sole discretion to modify, suspend, or discontinue the Website, Content, features, or offers available via the Website at any time. You agree that we shall not be liable to you or any third party should any of the preceding occur.
We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your license (in whole in particular part) and access to the Website and Content.
We will cooperate with legal authorities or third parties to investigate any suspected or alleged crime or civil wrong.
Termination by you
You may terminate this agreement with us by stopping accessing and using in any manner the Website or Content or by deleting your Account (if any).
If you terminate this agreement, all permissions and licenses under these Terms will immediately terminate.
All the Account data you provided us, including your purchase history, will be deleted after the deletion of your Account.
Miscellaneous
We reserve the right to transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms.
We reserve the right to modify these Terms at any time at our sole discretion. If material changes affect your use of the Website, we’ll notify you before the changes’ effective date via the website or otherwise at our sole discretion. If you continue to use the Website, you agree to the updated version of these Terms.
If any provision of these Terms is recognized unlawful, void, or unenforceable by a relevant authority, the remaining provisions will remain valid and enforceable.
A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.