GENERAL CONDITIONS OF SALE FOR PAID KOZIKAZA SOLUTIONS

Date of last update: 11/27/2023

1. OBJECT

These General Terms and Conditions apply, without restriction or reservation, to the purchase of paid Services:

– HD Capture and 360° Capture. The main feature of the Services consists of the generation of an HD Capture (1920*1080px) or a 360° Capture (3000*4000px) from the KazaPlan 3D Scalable Planner (hereinafter referred to as KazaPlan Solution).

– Premium subscription (monthly and annual)

– Pack 3 plans

– Premium Lifetime Subscription

The Services are provided by the company IDILINK, SARL, registered with the RCS of Lille Métropole under number 509 633 715 and whose head office is located rue Sadi Carnot, 59790 RONCHIN, hereinafter referred to as IDILINK. For any information, particularly relating to the tracking of their order, the Customer is invited to contact the Company by email: contact@kozikaza.com. These General Terms and Conditions are accessible at any time on the Site and will prevail over any other contradictory document.

These General Terms and Conditions may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the Site on the date the order is placed.

2 – DEFINITIONS

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• General Conditions of Sale or General Conditions of Sale: designates this document forming a contract between the Customer and IDILINK;
• General Conditions of Use or CGU: designates the CGU which must be accepted by the user before being able to register his plan(s) on the Site;
• Members: refers to users registered on the Site
• Client: is the Internet user who has carried out the registration procedure on the Site as a Member as described below;
• Parties: together refers to the Client and IDILINK.
• Site: designates the website https://www.kozikaza.com on which the Service is sold.
• Information: all data, content and information posted by the Customer on the Site.
• KazaPlan solution: refers to the KazaPlan 3D scalable planner, accessible on the Site.
• KazaPlan Plan or Plan: designates the plan resulting from the use of the KazaPlan Solution.
• Capture HD service: designates the paid “CAPTURE HD” service by which IDILINK transforms the 3D plan into a high definition 3D plan visual (1920*1080px).
• Capture 360° service: refers to the paid “CAPTURE 360°” service by which IDILINK transforms the 3D plan into a high definition 3D plan visual visible at 360° (4000*3000px).
• HD Capture: means the HD capture of a Plan resulting from the use of the HD Capture Service.
• 360° Capture: designates the 360° capture of a Plan resulting from the use of the 360° Capture Service.
• Service: refers to the paid services “CAPTURE HD”, “CAPTURE 360°”, Premium Subscription, Premium Lifetime Subscription and 3plans Pack
• KazaPlan Personal Account: designates the KazaPlan Account created by a Client when they first save their 3D Plan on the Site.
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• Free Account: Account type offering limited access to Kozikaza features, including the creation of up to three 3D plans and obtaining three HD credits.
• Premium Subscription: Paid offer giving access to extended features of Kozikaza for a fixed period (monthly or annual).
• HD Credits: Units used to obtain photorealistic renderings of 3D plans on Kozikaza.
• Premium Support: Advanced support service offered to subscribed users, guaranteeing a response in less than 24 hours on business days.
• Pack 3 plans: Paid offer allowing you to purchase three additional plans to use on Kozikaza.
• Premium Lifetime Subscription: Paid offer allowing lifetime access to the benefits of the monthly subscription.
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• Partners: Refers to the companies which benefit from the rights to use the Solution in SaaS mode and which make it available to Users on their own website, after they have accepted the T&Cs of the KazaPlan Solution. The number of Partners is likely to evolve.
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• 3 – PRESENTATION OF OFFERS

To benefit from the Services, the Customer must first register and create a KazaPlan Personal Account on the Site. Registration requires the Customer to provide certain personal information and the creation of unique identifiers.

Once registered, the Customer can benefit from the Services, whether free or paid. Access to paid Services is subject to payment of associated fees.

The Services available are detailed on the Site.

IDLINK reserves the right to limit, suspend or terminate access to the Services in the event of non-compliance with these General Terms and Conditions, inappropriate use of the Site or any other behavior deemed harmful to the IDLINK company or its other Customers.

IDILINK strives to ensure maximum availability of the Site and Services. However, temporary interruptions for maintenance or other reasons may occur. Users will be informed in advance wherever possible.

5 – DURATION

The General Terms and Conditions come into force on the date of their acceptance by the Customer. They will remain in force for the entire duration of the subscribed services.

6 – ORDER

Validation of the order for the Service by the Customer constitutes acceptance without restriction or reservation of the General Terms and Conditions.

7- PRICES AND PAYMENT TERMS

The prices on the Site are indicated in euros “All Tax Included” (TTC) when the order is registered. The prices take into account any reductions that may be granted on the Site. Prices are firm and final. To make payment, the Customer must pay directly online using a payment card.

Once payment has been made, the Customer can use the credits to finalize their order.

– Concerning HD and 360° capture, once payment has been made, the Customer can use the credits to finalize their order.

– Concerning the purchase of a Premium subscription, the Customer will be informed each time their subscription is renewed (monthly or annual), that the amount of the subscription will be taken from their bank card, except in the event of termination of the subscription.

After each transaction, a detailed invoice will be generated and sent by email to the Customer.

In the event of payment failure (i.e. the bank card has expired), the Customer will be informed and asked to update their payment details. Otherwise, access to the Services may be suspended.

8 – INTELLECTUAL PROPERTY

8.1 – CUSTOMER RIGHTS 

The purchase of the Service does not grant the Customer ownership of intellectual property rights over any program, service, graphics, logo, creation, technology, brand, or other, relating to the Services. The company IDILINK and the Partners are the sole owners of the databases consisting of Plans, HD Captures, 360° Captures, information provided in the forms, etc. and is the sole owner of the intellectual property rights to these databases in application of articles L. 112-3 and 341-1 et seq. of the Intellectual Property Code.

8.2 – NON-INFRINGEMENT GUARANTEE

The Customer who uses the Service undertakes to respect all intellectual property rights of any kind relating thereto. Any copy, reproduction, modification or representation, in part or in whole, in any form and in any manner whatsoever of the Service or its elements, is prohibited. The User will hold the Partners and the company IDILINK entirely harmless in the event of a complaint alleging a violation of intellectual property rights by the Client.

8.3 – AUTHORIZATION TO USE HD CAPTURES AND 360° CAPTURES BY IDILINK ON THE SITE AND IN EMAILS SENT TO MEMBERS

By using the Service, the Customer authorizes IDILINK to use its HD Captures and 360° Captures (and the information they contain) which it records on the Site, on the Site and in emails sent to Members. The Client thus authorizes IDILINK to reproduce, represent, distribute and communicate to the public its HD Captures and 360° Captures. This authorization is valid for the duration of protection of the HD Captures and 360° Captures by any intellectual property rights and for the entire world. This authorization is stipulated free of charge. This authorization is valid to use HD Captures and 360° Captures and information via the Service, particularly on the Site, to present examples of achievements, promote the Site or for statistical purposes. Under no circumstances will the name of the Client be mentioned when using HD Captures and 360° Captures.

9 – RIGHT TO RETRACT

Given the immediate nature of the Service, orders placed by the Customer do not benefit from the right of withdrawal.

10 – TERMINATION 

Customers can submit a termination request at any time via their Personal Account. Once the request is received and if the termination is accepted, no new billing will be made at the end of the current subscription period.

However, in the event of termination, the user’s subscription remains active until the end of the current subscription period, whether monthly or annual. The user will continue to benefit from all the benefits of the subscription until this date.

No amount paid for a current subscription will be refunded, whether in full or pro rata, in the event of early termination.

If no cancellation request is made, the subscription will automatically renew at the end of the current period.

At the end of the current subscription period, after termination, the user loses access to the benefits of the paid Services. However, all created plans and unused HD credits will remain accessible under the free account unless otherwise specified.

11 – GUARANTEES AND RESPONSIBILITIES 

Use of the Service is made under the sole responsibility of the Customer. Consequently, the Customer will be responsible for all damages (direct or indirect) caused by the use of the Service. In particular, he will be solely responsible for all damage (direct or indirect) caused to third parties and the consequences of claims or actions that could result therefrom. Thus IDILINK cannot under any circumstances be held responsible in the event of damage resulting from the use of the Service by the Customer.

The Customer waives the right to exercise any recourse against IDILINK in the event of proceedings brought by a third party against him due to the illicit use and/or exploitation of the Service.

It is expressly agreed that IDILINK has no obligation to retain HD Captures and 360° Captures recorded by Customers for a specific period of time. Recorded HD Captures and 360° Captures may be deleted at any time.

IDILINK is not bound to Customers by any guarantee, express or implied, including any guarantee of quality and suitability for a particular use of the Service.

IDILINK’s liability is limited in any event to the amount recovered by IDILINK for the Service causing the damage.

12 – CUSTOMER SERVICE AND SUPPORT 

Any Customer has access to customer support, whether they have a free account or a subscription.

However, the nature and speed of the response may vary depending on the type of account:

Free Account: Users with a free account receive standard support, primarily aimed at resolving issues related to account access. Requests will be processed in the order they are received and response time may vary.

Premium Subscription: Subscription holders benefit from “premium” support. These users will receive a guaranteed first response in less than 24 hours on working days. Requests may concern technical issues as well as usage questions or suggestions.

Customers can contact support via a dedicated form on the Site or directly by email to a specified address. It is important to provide as much detail as possible to enable a quick and efficient response.

Although support strives to provide accurate and appropriate responses, IDILINK cannot be held responsible for any consequences arising from the recommendations or information provided by support.

13 – GENERAL CONDITIONS OF USE

In application of regulation 2016/679 and the consolidated version of the IT and freedom law n°78-17 of August 2, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and in particular for the establishment bills. This data may be communicated to any IDILINK partners responsible in particular for the execution, processing, management and payment of orders, as well as to other partners. To find out more about the personal data collected on the Site, refer to the General Conditions of Use. The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.

This right can be exercised under the conditions and according to the terms defined on the Site.

14 – GENERAL CONDITIONS OF USE

The T&Cs of the Site supplement the T&Cs with which they form an indivisible whole, it being specified that in the event of contradiction the T&Cs will prevail.

15 – COMPETENT COURT AND APPLICABLE LAW

These General Terms and Conditions and the operations resulting from them are governed and subject to French law. They are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute. In the event of disputes relating to the validity, interpretation, execution or termination of these General Terms and Conditions, the Customer is informed that he may resort to mediation or any alternative method of dispute resolution.

In the absence of agreement between the Parties, the Commercial Court of Lille will have sole jurisdiction.