Terms of sale for HD CAPTURE and 360° CAPTURE paid solutions Last updated: 19/02/2019

1 - Subject

These TOS shall apply, without limitation or qualification, to the purchase of the Services HD Capture and 360° Capture.
The main feature of the Services is the creation of a HD Capture (1920*1080px) or a 360° Capture (3000*4000px) with the scalable Planner KazaPlan 3D (hereinafter referred to as the KazaPlan Solution).
The Service is provided by the company Idilink, SARL, registered in the Lille Métropole Trade and Companies Register (RCS) under number 509 633 715, headquartered at rue Sadi Carnot, 59790 Ronchin, hereinafter referred to as Idilink.
For any information, in particular order follow-up, Clients are encouraged to contact the Company by email: contact@kozikaza.com.
These TOS may be accessed at any time on the Site, and shall supersede all other contradicting documents.
These TOS may be subject to future modifications. The version that shall apply to the Client’s purchase is the applicable version on the Site on the date the order is placed.

2 - Definitions

Terms of Sale (TOS): refers to this document, which creates a contract between the Client and IDILINK ;
Terms of Use (TOU): refers to the TOU that must be accepted by the user before the user is able to save plans on the Site ;
Members: refers to users registered on the website
Client: refers to the user who has completed the registration process on the website as a Member as described below ;
Parties: refers to the Client and IDILINK ;
Site: refers to the website https://www.kozikaza.com, on which the Service is sold ;
Information: all the data, content, and information provided by the Client on the Site ;
KazaPlan Solution: refers to the scalable planner KazaPlan 3D, which can be accessed on the Site ;
KazaPlan Plan or Plan: refers to the plan resulting from use of the KazaPlan Solution ;
HD Capture Service: refers to the paid service “HD CAPTURE” through which Idilink converts 3D plans into 3D High Definition plan graphics (1920*1080px) ;
360° Capture Service: refers to the paid service “360° CAPTURE” through which Idilink converts 3D plans into 360° view 3D High Definition graphics (4000*3000px)
HD Capture: refers to the HD Capture of a Plan resulting from the use of the HD Capture Service ;
360° Capture: refers to the 360° capture of a Plan resulting from the use of the 360° Capture Service ;
Service: refers to the paid services “HD CAPTURE” and “360° CAPTURE.” ;
KazaPlan Personal Account: refers to the KazaPlan Account created by a Client when their 3D Plan is initially saved on the Site ;
Partners: Refers to the companies that benefit from usage rights of the Solution in SaaS mode, and who provide it to Users on their own website, after they have agreed to the KazaPlan Solution TOU. The number of Partners is subject to change ;

3 - Access to Service

The Service is provided through the Client’s Personal KazaPlan Account. The Client shall be able to access the Service by clicking the “HD CAPTURE” or “360° CAPTURE” option, both of which are available in the menu “VISIT” in the KazaPlan Solution.
After implementing the necessary changes to their HD Capture or 360° Capture, the Client shall be able to order the Service.

4 - Term

The TOS shall enter into effect on the date on which the Client agrees to them. They shall remain in effect throughout the entire duration of the service.

5 - Order

The Client’s Service order confirmation serves as acceptance of the TOS with no limitation or qualification.
Before confirming their order, the Client must purchase credits on the Site.
Credits may then be used on the Site to pay for the Service.

6 - Prices and Payment terms

Prices on the site are shown in euros, tax included, when the order is placed.
Prices take into account any potential discounts that would be granted on the Site.
Prices are non-negotiable and final.
To complete payment, the Client must pay directly online with a payment card.
Once the payment is completed, the Client may use credits to finalise their order.

7 - Intellectual property

7.1 - Client's rights

Purchasing the Service does not confer intellectual property rights to the Client for any programme, service, graphic, logo, creation, technology, brand, or other rights related to the Services. The company Idilink and its Partners are the sole owners of the databases containing Plans, HD Captures, 360° Captures, information provided in forms, etc. and are the sole owners of intellectual property rights on these databases in application of articles L. 112-3 and 341-1 et seq. of the French Intellectual Property Code.

7.2 - Non-infringement warranty

The Client using the Service agrees to comply with all relevant intellectual property rights. Any whole or partial copy, reproduction, modification, or representation of the Service, in any form or by any means, is prohibited. The User shall fully indemnify the Partners and the company Idilink in the event of a claim alleging a violation of intellectual property rights by the Client.

7.3 - Authorisation for IDILINK to use HD Captures and 360° Captures on the site and in emails sent to members

By using the Service, the Client authorises Idilink to use their HD Captures and 360° Captures (and information contained in them) that they save on the Site, both on the Site and in emails sent to Members. The Client hereby authorises Idilink to reproduce, depict, distribute, and publicly provide their HD Captures and 360° Captures. This authorisation shall be valid worldwide for the entire duration of protection for HD Captures and 360° Captures by any intellectual property rights. This authorisation is provided at no cost. This authorisation is valid to use HD Captures and 360° Captures and information through the Service, in particular on the Site, to show examples of projects, promote the Site, and for statistical purposes. The Client’s name shall not be mentioned under any circumstances when HD Captures and 360° Captures are used.

8 - Right of withdrawal

Given the immediate nature of the Service, orders placed by the Client shall not have a right of withdrawal.

9 - Guarantees and Responsibilities

The Client is entirely responsible for its use of the Service. As a result, the Client shall be responsible for any direct or indirect damages caused by using the Service. The Client shall be solely responsible for any direct or indirect damages caused to third parties and for the consequences of any subsequent claims or proceedings. As such, Idilink cannot under any circumstances be held liable in the event of damage resulting from the Client’s use of the Service

The Client waives the right to any legal action against Idilink in the event of legal prosecution by a third party initiated against the former due to legal and/or illegal use of the Service.

It is expressly agreed that IDILINK has no obligation to keep HD Captures and 360° Captures saved by Clients for a determined period. HD Captures and 360° Captures saved may be deleted at any time.

IDILINK shall not provide any explicit or implicit guarantee to Clients, including any guarantee of quality or suitability for a particular use of the Service.
Idilink’s responsibility is limited under all circumstances to the amount received by Idilink for the Service that caused the damage.

10 - Personal data

Further, in application of French regulation 2016/679 and the consolidated version of French Act no. 78-17 of 2 August 2018 on Information Technology, Data Files and Civil Liberties, personal data requested from the Client is necessary to process their order and to issue invoices. This data may be provided to Idilink partners overseeing order placement, processing, management, and payment, as well as other partners. To learn more about personal data collected on the Site, please see the Terms of Use.
In accordance with the applicable French and European regulations, the Client has an ongoing right to view, edit, correct, oppose transferability, and limit processing of their information.
This right may be exercised in the conditions and according to the terms defined on the Site.

11 - Terms of Use

The Site’s TOU supplement the TOS, and together they create an indivisible whole. However, in the event of contradiction, the TOS shall prevail.

12 - Assignment of jurisdiction and applicable law

These TOS and the operations resulting from them are regulated by 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 shall prevail in the event of a dispute.
In the event of disagreements regarding the validity, interpretation, execution, or cancellation of these TOS, the Client may resort to mediation or any other alternative method of resolving the disagreement.
If an agreement cannot be reached between the Parties, Lille Commercial Court shall have sole jurisdiction.