General Terms and Conditions of Sale (GTCS)

Preamble

Welcome to the K-inventory.com website!

These General Terms and Conditions of Sale (hereinafter "General Terms and Conditions of Use and Sale" or "GTCS") govern the relationship between K inventory, a simplified joint-stock company (SAS) with a capital of €769,254, whose registered office is located at 35 Boulevard Georges Clemenceau, 92400 Courbevoie, France, registered with the Nanterre Trade and Companies Register under number 921 717 468, and its customer (hereinafter the "Client"), so that the Client's employees with access thereto (hereinafter the "Users") can use the K inventory platform developed by K inventory, accessible at: K-inventory.com (hereinafter the "Platform").

K inventory and the Client are collectively referred to as the "Parties."

Any subscription to K inventory on the Website implies express acceptance of these GTCS by ticking the box provided for this purpose during the registration process.

These GTCS apply to the exclusion of all other conditions, including those applicable through other distribution or marketing channels.

In accordance with applicable legal and regulatory provisions, it is reminded that the online subscription as specified in these GTCS constitutes an electronic contract between the Parties, which serves as proof between the Parties of the entire order and the exigibility of the sums due in execution of said order.

K inventory reserves the right to modify or amend these GTCS at any time, notifying the Clients thereof. The new GTCS will apply to all Users subscribing or renewing a subscription from the time they are posted online.

For Clients who have subscribed to a paid subscription, in the event of modification of the GTCS, the GTCS in force on the date of validation of the paid subscription contract continue to apply until the expiry of the subscription.

1. CHARACTERISTICS OF THE K INVENTORY SERVICE

K inventory markets its K inventory software solution through various subscriptions.

The subscriptions (hereinafter the "Subscriptions") are:

ESSENTIAL, ADVANCED, CUSTOM

For detailed information on the services and prices offered in each Subscription, please visit the K-inventory.com/tarifs page.

Our services are accessible, in compliance with the General Terms and Conditions of Use available to all Users with legal capacity to use them.

2. ORDERING PROCESS AND PAYMENT TERMS

The User can create an account for free and benefit from a 14-day trial version of K inventory. At the end of this period, without subscribing to one of the subscription plans, the account is deactivated.

At any time, the user, acting as an administrator on behalf of their company, can place an order (hereinafter the "Order"). To place an order and thus become a Client, the User must follow and complete the following steps:

  • Access the Website;
  • Follow the instructions available on the Website to open an account or identify themselves;
  • Accept the GTCS;
  • Follow the instructions and select the subscription they wish to purchase, specifying the desired number of users, or contact the K inventory team in the case of a Custom subscription;
  • Verify the elements of the Order, identify and, if necessary, correct errors;
  • Follow the instructions of the online payment service provider and pay the indicated Amount.

The Client receives an electronic confirmation of acceptance of payment of the Order at the address provided when opening the client account.

Acceptance of the GTCS, the designation of the selected products, their quantities, prices, and delivery conditions implies confirmation of the Order.

The Client is bound to K inventory from the moment they confirm their Order.

The Order is considered finalized and the subscription available only upon receipt of full payment from the Client by K inventory.

All payment transactions are carried out directly with Stripe, an online payment solution.

The transaction is secured by SSL technology; the Client's bank details are transmitted in encrypted and secure form between the Client's device and our partner Stripe's server.

3. ORDER RENEWAL AND TERMINATION

Any yearly subscription is contracted for a minimum period of 1 year. The subscription is automatically renewed for a period of 1 year from the anniversary date.

Any monthly subscription is contracted for a minimum period of 1 month. The subscription is automatically renewed for a 1-month period from the anniversary date.

The Client can decide to change their subscription to a higher plan (upgrade) during the subscription period. The price of the new subscription takes into account the amounts already charged for the lower subscription.

No later than 30 days before the end of the subscription period, the Client can decide not to renew their subscription by sending an email via our contact form.

The Client is responsible for the data and any data migration they wish to perform using the export functionalities provided in the solution's back office before terminating their account. Upon termination of the account, the data will no longer be available.

4. SUSPENSION AND INTERRUPTION OF SERVICES

The User acknowledges that technical developments likely to improve the quality of the Service may be necessary. In this regard, K inventory reserves the right to temporarily suspend, without notice or compensation, the User's access to the Services to make changes to the Platform and develop its services without the User being able to object.

The User is informed that the modifications may result in a temporary interruption of the Services and/or the Platform or an update of their application.

The User is informed that Platform developments may, in particular, require updates to their equipment to enable optimal use of the Platform.

5. MAINTENANCE

K inventory provides corrective and evolutionary maintenance of its Solution for its Clients' requests.

To ensure that an anomaly is dealt with as quickly as possible, the Client must use the contact form on the website. K inventory will diagnose the anomaly and correct it during opening hours from Monday to Friday inclusive, from 9:00 a.m. to 6:00 p.m., excluding holiday periods.

6. TRAINING AND ASSISTANCE

K inventory provides a training service prior to the use of its Solution. This training allows users to benefit in particular from assistance with configuration and use of the solution. This personalized training offer is available to all new Clients.

7. INTELLECTUAL PROPERTY

  • 7.1 Intellectual Property of K inventory

K inventory owns the intellectual property rights attached to:

  • the Platform and all of its constituent elements such as, and without this list being exhaustive, information, databases, software or graphics,
  • any distinctive sign, filed or registered by K inventory as a trademark or protected under any intellectual property legislation.

The Services and Subscriptions do not entail any transfer of ownership from K inventory to the Client or Users, and do not, in particular, imply authorization to represent, reproduce, modify or commercially use the various elements of the Platform.

Any deterioration, as well as, in the absence of authorization, any representation, reproduction, modification, commercial use, total or partial, of the various elements of 1 the Platform is prohibited and exposes its author(s) to legal proceedings.

The Client notably refrains from performing and guarantees K inventory against any reverse engineering of the Platform and the software enabling its operation by the Users in order to develop a competing product or service and/or to copy, reproduce all functionalities, functions or all graphic attributes of the Platform.

Attempting to appropriate, copy, reproduce all or part of the Platform or any other intellectual property right of K inventory, as well as attempting to perform reverse engineering of the Platform, constitutes serious breaches on the basis of which K inventory may immediately suspend the access of the Client and Users to the Platform.

  • 7.2 Right to Use the Client's Logos and Trademarks

The Client authorizes K inventory to use its logo and trademark free of charge for communication purposes on all types of media and means of communication, without any time limit.

8. RESPONSIBILITIES

8.1 User's Responsibility

The Client and the User are fully responsible for the User's use of the Services within the scope of the Subscription.

The Client is solely and exclusively responsible for all documents, information, data, and content they create, store, download, or transmit on their account.

K inventory does not verify the data, documents, and information created, stored, downloaded, and/or transferred by the User on their account. Consequently, K inventory disclaims all liability regarding their origin, accuracy, completeness, and more generally, any use made of them by the User.

Furthermore, it is the responsibility of the User and the Client to verify that the documents, information, data, and content created, stored, downloaded, and/or transferred on their account:

  • Do not infringe intellectual property rights.
  • Do not contain computer viruses.
  • Are not contrary to public order and morality.

In the event of a breach by the Client or User of the obligations stipulated above, K inventory reserves the right to suspend or immediately delete the offending User's account, as well as, where applicable, the documents, information, data, and content they have created, stored, downloaded, and/or transferred on their account, without the offending User being entitled to claim a refund of their Subscription or any compensation in respect of this measure.

In the event of sharing documents, information, data, and content, the User is solely responsible for their decision to share any of their documents or information with another User or to grant access to a third party.

In the event of non-performance by the Client of any of their commitments, and particularly in the event of non-payment by the due date of all or part of the sums owed, the contract may be terminated automatically by K inventory for the Client's fault, 15 days after sending a formal notice to the Client by email to remedy the breach of their obligations, which remains unsuccessful, without the need to seek a court order and notwithstanding the performance of all contractual obligations by the Client.

This termination shall be effective upon sending an email to the Client informing them of the automatic termination. Upon sending this email, K inventory shall be released from all obligations and liabilities towards the Client.

8.2 K inventory's Responsibility

K inventory undertakes to implement reasonable means necessary to provide the Services to the User in accordance with the GTCS accepted by the Client.

In this regard, K inventory's liability is limited to the commitments made in application of these GTCS and shall not be engaged in particular for:

  • damages due to the total or partial non-performance of its obligations by the User;
  • the User's use of the Services not in accordance with K inventory's instructions or recommendations;
  • the User's use of equipment, software, or services that do not comply with the specifications or prerequisites provided by the Company;
  • non-compliance by the Client or User with the General Terms and Conditions of Use or specific conditions communicated by the Company and accepted by the User;
  • difficulties of access and slowness due to network congestion at certain times;
  • direct or indirect damages suffered by the User as a result of improper use of the Services offered on the Platform;
  • the end of the relationship between the User and K inventory's partner through whom the User uses the Company's Products or Services;
  • force majeure.

K inventory cannot be held responsible for any malfunctions or deteriorations of the User's computer system caused by compliant or non-compliant use of the Services or the Platform, including any potential loss of the User's data, any loss or modification of personal and confidential information, or their disclosure to third parties.

The User acknowledges and accepts the limitations related to the Internet, including:

  • that the Platform's response speed may be affected by poor bandwidth;
  • that the confidentiality of data transmitted over the Internet cannot be fully ensured and that this data may be intercepted;
  • that the Services offered on the Platform implement complex IT functionalities and that it is not possible to test all possible uses.

The User therefore agrees to bear the risks of imperfection or temporary unavailability of the Platform or the Services.

Hyperlinks provided on the Platform may lead to other websites or other information managed by partner sites. To the extent that K inventory cannot exercise any control over these sites, its liability cannot be engaged on the content of said other sites.

K inventory's liability will be limited to the amount paid by the Client.

9. Cooperation with Public Authorities

K inventory will cooperate, in accordance with the law, with the authorities that conduct verifications related to content and/or services accessible via the Internet or telephone network or with illegal activities carried out by any Internet or telephone user.

K inventory's liability cannot be engaged in the event of communication of elements in its possession following any request made, by judicial requisition, by judicial, police or administrative authorities.

10. Assignment

The assignment of Services by K inventory is free, provided that this assignment is necessary due to the assignment of the Platform.

The Services and Subscriptions bind the parties hereto, their successors in title, and authorized assignees.

11. Applicable Law and Dispute Resolution

These general terms and conditions of sale are governed by French law.

The language of this contract is English.

Any claim shall be addressed to K inventory via the contact form available on the K-inventory.com website.

In the absence of an agreement reached within one month, disputes that may arise regarding the validity, interpretation, performance or non-performance, interruption or termination 1 of these GTCS shall be subject to mediation. The Client may refer the matter to the consumer mediator of their choice.

At the European level, the European Commission provides an online dispute resolution platform:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show\&lng=EN

In the event of failure of mediation or if the consumer Client does not wish to resort to mediation, the French court of Nanterre shall have sole jurisdiction.