Kanbox Terms of service
Kanbox is a web platform, working using a Chrome extension and accessible at the following address: https://www.kanbox.io and all the attached pages (the "Platform") operated by Quardly, a company with a capital of 1,000 euros, whose registered office is located at 9, avenue du Marechal Bugeaud in Perols (34470), registered with the Montpellier Trade and Companies Registry under the identification number 949 015 416 and whose intra-community VAT number is FR36949015416. The said platform provides access to various centralised and managed communication services within a single interface.
The purpose of these General Terms and Conditions of Use (the "Terms" or, taken as a whole, the "Contract") is to define the terms and conditions governing relations between Users, which are defined as all natural or legal persons having access to the Platform. In the event of non-compliance with the terms of these Conditions, Quardly reserves the right to take any measure likely to protect its interests and notably to ensure their execution.
The User undertakes on each of his visits to the Platform to respect all of these Conditions without any reservation. Consequently, the User acknowledges having read the Conditions and agrees to be bound by these provisions. If the User accesses the Platform on behalf of a company or any other legal entity, he is nevertheless personally bound by this Contract.
Article 1 - Access to the Platform
1.1 Reserved access
Access to the Platform is restricted to natural persons or legal entities holding an access to the Platform. The said access is granted in accordance with the contractual agreements concluded with Quardly by the legal entity or group of individuals or legal entities (the "organization") having subscribed to a subscription giving a right to access and use the Platform.
1.2 Creating an account
The creation of an account is a mandatory prerequisite for access to the Platform. The account can only be created by logging in through the use of a personal Linkedin account. The email address used to identify the user is the one used for the Linkedin account. It must be accurate, up to date and complete.
In the event of unauthorized use of his account or of any breach of confidentiality and security of his means of identification, the User shall inform Kanbox without delay.
Each User can create only one account corresponding to his/her Linkedin account.
Article 2 - Use of the Platform
2.1 Right of access to the Platform
With the present Conditions, Kanbox grants Users a limited, revocable, non-exclusive, non-transferable right of access to the Platform on a strictly personal basis. Any contrary use of the Platform for its purpose is strictly forbidden and constitutes a breach of the present provisions.
The use of the Platform requires a connection and an Chrome browser with a Kanbox extension installed on it. In order to guarantee a good functioning of the Platform, it is specified that the Platform is optimised for:
- a screen resolution of 1280×768 pixels;
- the latest versions Chrome All hardware and software required to access the Platform shall remain the sole responsibility of the User.
Kanbox reserves the right in particular to suspend or refuse access to the Platform to one or more Users.
2.2 Obligations of Users
The Users shall refrain from:
- Transmitting, publishing, distributing, recording or destroying any Content (as defined in Article 3);
- Disseminating data, information or content of a defamatory, insulting, obscene, offensive, violent or inciting to violence, or of a political, racist or xenophobic nature and in general any content that would be contrary to the laws and regulations in force or to good morals;
- Referencing or creating links to any content or information available from the Platform;
- Using the Content or any data present on the Platform in order to offer a service considered, at Kanbox's sole discretion, as competitive with Kanbox;
- Selling, exchanging or monetizing any Content without the express written consent of Kanbox;
- Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to obtain source code in relation to any underlying intellectual property;
- Using software or manual or automated devices, coding robots or other means to access, explore, extract or index any page of the Platform;
- Endangering or attempting to endanger the safety of the Platform. This includes attempts to monitor, scan or test the vulnerability of a system or network or to violate security or authentication measures without express prior authorization;
- Counterfeiting or using the products, logos, brands or any other element protected by Kanbox's intellectual property rights;
- Simulating the appearance or operation of the Platform, for example by using a mirror effect;
- Disrupting the Platform's services, directly or indirectly, imposing a disproportionate burden on the Platform's infrastructure, or attempting to transmit or activate computer viruses via or on the Platform.
It is reminded that violations of system or network security may lead to civil and criminal proceedings. Kanbox verifies the absence of such violations and may call upon the legal authorities to prosecute, if necessary, Users who have participated in such violations.
Users undertake to use the Platform in a fair manner, in accordance with its professional purpose and the legal and regulatory provisions, these Terms and Conditions and current usage.
Article 3 - Use of the Platform Content
The entire content of the Platform, excluding data uploaded directly or indirectly (notably web services) by Users (the "Content"), including designs, texts, graphics, images, videos, information, logos, button icons, software, audio files and others, belongs to Kanbox and its partners.
Any representation and/or reproduction and/or partial or total exploitation of the Content offered by Kanbox, by any process whatsoever, without the prior written authorisation of Kanbox, is strictly forbidden and could lead to legal proceedings.
Article 4 - Personal data
All personal data available to Kanbox is collected lawfully and fairly.
The Company assumes, within the meaning of the EU Regulation 2016/679 of 27 April 2016, only a role as a processor of the organization in the processing of personal data.
Accordingly, only the organization determines the purposes and means of the processing of personal data. Personal data shall only be processed by the Company upon documented instruction from the organization, including in relation to transfers of personal data to a third country or to an international organization, unless the Company is required to do so under Union or national law; in this case, the Company shall inform the organization of this legal obligation prior to processing, unless the law concerned prohibits information on important grounds of public interest.
Article 5 - Liability
5.1 Content of the Platform
Kanbox does not control the content of the Platform that is provided by Users through Linkedin. Consequently, Kanbox gives no guarantee as to this content and shall in no way be held responsible for this content.
Kanbox has no general obligation to monitor the data and content provided by Users, nor any obligation to delete content that does not appear to be clearly illicit, notwithstanding the fact that it has been reported. In accordance with the provisions of the present Conditions, Kanbox may in any case delete obviously illicit content and suspend or close without delay the account of the User concerned, without the latter being able to claim compensation if this deletion is justified by the violation of any provision of the present Conditions. Kanbox undertakes to study within a reasonable period of time any appeals that may be addressed to it by a User or an organization following such suspension or closure, in order to re-examine its decision if necessary.
Kanbox does not guarantee that the User's use of the Platform will not infringe the rights of third parties.
5.2 Use of the Platform
The role of KAnbox is limited to the technical presentation of the Platform. Kanbox shall remain a third party for acts concluded by Users following the use of the Platform, and shall not be liable for the consequences of such acts in any capacity whatsoever.
Users are reminded that data published by Users and information shared by them may be captured and used by other Users through Linkedin. In this sense, Kanbox does not guarantee the respect of the ownership of this data. It is the responsibility of the User to take all necessary measures to ensure that the ownership of his data is preserved.
The User must ensure that the data is sent to the Platform and may not blame the Service Provider on any grounds whatsoever for the non-receipt or loss of the data transmitted. The User shall ensure that a backup of the transmitted data is kept.
Kanbox does not guarantee uninterrupted or error-free operation of the Platform. In particular, Kanbox shall not be held liable in the event of interruption of access to the Platform due to maintenance operations, updates or technical improvements.
In any case, Kanbox shall under no circumstances be liable for any indirect or unforeseeable loss or damage of the User or any third party, including in particular any lost profit, any unfortunate investment, inaccuracy or corruption of files or data, damage to image or business, loss of turnover or profit, loss of clientele or loss of chance linked to any title and on any basis whatsoever.
Furthermore, Kanbox shall not be liable for any delay or non-performance of this Contract justified by a case of force majeure, as defined by the jurisprudence of French courts and tribunals.
The use of certain features of the service requires access to LinkedIn Sales Navigator. However, subscribing to a Kanbox subscription does not imply the provision of a Sales Navigator license.
Article 6 – Payment and invoices
Paid services, including inbox, exports, or enrichments beyond the included free credits and free matches, are available by subscribing the Service.
By selecting a particular subscription plan, the User hereby consents to remit the associated fees to Kanbox, as determined by the pricing tier displayed on the Website at the moment of the order and payment.
Kanbox accept payments made by credit card or debit card.
Payments will be billed automatically.
Should the User wish to cancel the subscription, the User will lose all remaining credits in the User's account at the end of the billing cycle. The User may no longer have access to the serive that rolled over from previous billing cycles when the User cancels the plan.
The User agrees to be responsible for any overage charges incurred once the User has exhausted the User credits.
Invoices are available on the Subscription page of the User's Account.
Article 7 – Refunds.
Kanbox does not offer refunds to Users who are dissatisfied with the quantity of emails found or, in a broader sense, with the Data provided as part of the Service. Once the Data is accessible for download on the User's Account, once the User has access to his Kanbox Inbox, the User derives value from the tool, and this value cannot be revoked. Consequently, refunds will not be issued for Data that has already been provided to the User.
For unused credits during a fixed subscription period (e.g. on a monthly or yearly basis), they will be reported to the next subscription period once the initial subscription period expires, but only where the User renews its initial subscription.
Article 8 - Convention of proof
Computer systems and files are proof of the relationship between Kanbox and the User.
Thus, Kanbox may validly produce in the context of any procedure, for the purposes of proof, data, files, programs, recordings or other elements received, transmitted or stored by means of the computer systems operated by Kanbox, on any digital or analogical media, and may use them, except in the case of obvious error.
Article 9 - Indivisibility
The fact that any of the provisions of the Contract is or becomes illegal or unenforceable shall in no way affect the validity or enforceability of the remaining provisions of the Contract.
Article 10 - Settlement of Disputes
The conclusion, interpretation and validity of this Contract shall be governed by French law, whatever the country of origin of the User or the country from which the User accesses Kanbox and notwithstanding the principles of conflict of laws.
In the event that a dispute concerning the validity, performance or interpretation of this Agreement is brought before the civil courts, it shall be subject to the exclusive jurisdiction of the Commercial Court of Montpellier, to which jurisdiction is expressly attributed, even in the event of summary proceedings or multiple defendants.
The User is informed that he or she may in any event have recourse to conventional mediation or any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.