General conditions of use

Last update date: April 2023

Section 1
Legal information

The Komin.io application, accessible at the URL https://pro.komin.io (the “Site”), is published by:

KIO SOFTWARE, company with capital From 2500€ euros, registered with the R.C.S of Nanterre under the number 852 615 947, whose head office is located at 7 VILLA SAINTE ANNE, 92600 ASNIERES SUR SEINE, represented by Cyrille Pailleret duly authorized,
(Hereinafter referred to as the” Operator ”).
The individual VAT number Intra-community of the Operator is: FR48852615947
The Site is hosted by the company Amazon Web Services (AWS), Oregon, United States of America.
The Publishing Director of the Site is Cyrille Pailleret. 
The operator can be reached at the following telephone number +33 6 64 20 69 30 and to the following email address cyrille@komin.io

Section 2
Service description

The Site is available to anyone accessing the site (the” User ”), once the necessary personal information has been filled in and the creation of an account has been approved, in order to transmit knowledge about their professional experience in the company and in the context of preparing for the arrival or departure of staff from this company (non-exhaustive list).

The Site is not a commercial site and does not offer any remote commercial transactions.
The User remains responsible for the methods and consequences of accessing the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as in particular Internet access providers, which remain at its expense. In addition, the User must provide and be fully responsible for the equipment necessary to connect to the Site.
The User acknowledges having verified that the computer configuration he is using is secure and in working order.

Section 3
Intellectual property and license to use the site

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, logos, designs, models, software, brands, brands, visual identity, visual identity, database, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the” Elements ”) which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, in whole or in part, may be modified, reproduced, reproduced, reproduced, stored, used, rented or exploited in any other way, whether free of charge or for a fee, by a User or by a third party, regardless of the means and/or supports used, regardless of the means and/or supports used, whether known or unknown to date, without express prior authorization. and written by the Operator on a case-by-case basis, and the User is solely responsible for any use and/or exploitation not allowed.

In addition, it is specified that the Operator is not the owner of the content posted online by the Users, for which the Users remain fully responsible and guarantee the Operator against any recourse in this respect. The Operator reserves the right to take legal action against persons who have not respected the prohibitions contained in this article.

Section 4
Responsibility and Guarantee

The Operator cannot be held responsible for information imported, stored and/or published on the Site by Users. The Operator cannot be held responsible for any information published by a User on the Site and for the direct or indirect damage that this use could cause to a third party, the User at the origin of the publication remaining solely responsible in this respect.

The User acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions on the Internet. Thus, the Operator does not guarantee that the Site and its services will function without interruption or operating error. In particular, their operation may be temporarily interrupted due to maintenance, updates or technical improvements, or to change their content and/or presentation. However, within the framework of paid 'Team' or 'Business' plans, the Operator undertakes that these interruptions do not exceed 5% of the time to guarantee a service availability of at least 95%.

The Operator cannot be held responsible for the use that would be made of the Site and its Elements by Users in violation of these General Conditions of Use and for the direct or indirect damage that this use could cause to a User or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a User and for his behavior towards third parties. In the event that the responsibility of the Operator is sought because of such behavior by one of its Users, the latter undertakes to guarantee the Operator against any conviction pronounced against him as well as to reimburse the Operator for all costs, in particular legal fees, incurred in his defense.

The User is solely responsible for all the content that he puts online on the Site, of which he expressly declares to have all the rights, and as such guarantees the Operator that he does not upload content that violates third party rights, in particular intellectual property, or constitutes an attack on persons (in particular defamation, insults, insults, etc.), respect for private life, an attack on public order and good morals. (in particular, apology for crimes against humanity, incitement to racial hatred, pornography childish, etc.).

In the event of a violation of current laws, morality or these General Terms of Use, the Operator may automatically exclude Users who have been guilty of such offenses and delete information and references to such litigious content. The Operator is qualified as a host with respect to content posted online by third parties. As such, it is recalled that the Operator has no general obligation to monitor the content transmitted or stored via the Site.

In the event that the Operator is held liable for content posted online by the User, the latter undertakes to guarantee the Operator against any conviction pronounced against him as well as to reimburse the Operator for all costs, in particular legal fees, incurred in his defense.

Section 5
Personal data

For more information concerning the use of personal data by the Operator, please carefully read the Privacy Policy (the” Charter ”). You can consult this Charter at any time on the Site.

Section 6
Hypertext links

The hypertext links available on the Site may refer to third party sites not published by the Operator. They are provided only for the convenience of the User, in order to facilitate the use of resources available on the Internet. If the User uses these links, he will leave the Site and will then agree to use third party sites at his own risk and peril or, where applicable, in accordance with the conditions that govern them.

The User acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or content applicable to or appearing on these third party sites. Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.

In addition, the User acknowledges that the Operator cannot guarantee, guarantee or assume all or part of the conditions of use and/or the content of these third party sites.

The Operator invites the User to report any hypertext link present on the Site that would allow access to a third party site offering content that is contrary to laws and/or good morals. The User may not use and/or insert hypertext links pointing to the site without the prior written consent of the Operator on a case-by-case basis.

Section 7
General provisions

Full agreement of the parties

The User acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or content applicable to or appearing on these third party sites. Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links. In addition, the User acknowledges that the Operator cannot guarantee, guarantee or assume all or part of the conditions of use and/or the content of these third party sites.
The Operator invites the User to report any hypertext link present on the Site that would allow access to a third party site offering content that is contrary to laws and/or good morals. The User may not use and/or insert hypertext links pointing to the site without the prior written consent of the Operator on a case-by-case basis.

Modification of the Terms of Use

The Operator reserves the right to modify the content of the Site or the services available there at any time and without notice, and/or to temporarily or permanently stop operating all or part of the Site. In addition, the Operator reserves the right to change the location of the Site on the Internet at any time and without notice, as well as these General Conditions of Use. The User is therefore required to refer to these General Conditions of Use before using the Site. In the event of material changes, the User will be informed by means of an email and a warning on the Site before the modification is implemented. The User acknowledges that the Operator cannot be held responsible in any way whatsoever towards him or any third party as a result of these modifications, suspensions or terminations.

Complaint - Mediation

In the event of a dispute, you should first contact the company's customer service department at the following coordinates: : cyrille@komin.io. In the event of failure of the complaint request to the customer service department or in the absence of a response from this service within 3 days, the Customer may submit the dispute relating to the order form or these GCS opposing him to the Operator to the following mediator: maximin@komin.io. 

The mediator will try to bring the parties together in order to reach an amicable solution. The parties remain free to accept or refuse the use of mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

Applicable law

These General Terms of Use are governed, interpreted and applied in accordance with French law.

Acceptance of the General Conditions by the user

The User acknowledges having carefully read these General Terms of Use. By registering on the Site, the User confirms having read the General Conditions of Use and accepting them, making him contractually bound by the terms of these General Conditions of Use. The General Terms of Use applicable to the User are those posted online on the Site. In the event of a change, the Operator will publish these changes on the Site so that the User knows what information is collected, how it is used, under what circumstances, and if applicable, how it is disclosed. In the event of material changes, the User will be informed by means of an email and a warning on the Site before the modification is implemented.

KIO SOFTWARE, SASU with a capital of €2,500 registered at the Nanterre Trade and Companies Register under number 852615947 and registered at 143 bis avenue Jean-Baptiste Clément 92100 Boulogne-Billancourt

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