• WELCOME TO KORNETTE

    BY AKIUS SAS

    PLEASE READ THIS DOCUMENTS

    TERMS OF USE

    PLEASE READ THIS DOCUMENT CAREFULLY.

     

    Each use by you of the Kornette app shall constitute and be deemed your unconditional acceptance of these Terms of Use which constitute a binding and enforceable legal contract between Akius Inc. and its affiliated companies and subsidiaries worldwide (collectively, “Akius”, “us” or “we”) and you in relation to the use of the Services (as such term is defined below services provided by Akius.

    By using our services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Kornette Services” or “Services”), or accessing any content, including but limited to music and video available through the Services (the “Content”), you represent and warrant that you are at least 18 years old and of legal age and have all powers required to form a binding contract with Akius and use the Services. If you do not meet such requirement, you must not access the Services and/or Content without the consent of your parent or guardian.

    1. Legal Agreement

    Akius’ Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our Services and Content (collectively, the “Akius Terms”), specify the terms and condition for access to and use of the Services by each visitor and/or registered user of our Services (each a “User” or “you”, to designate the individual who has accessed our Services).

    Akius reserves the right to amend the Akius Terms at any time, without notice, and for any reason whatsoever, by updating this page, if amending the Terms of Use, or by amending the page on which the amended Akius Term(s) is located, if amending an Akius Term other than the Terms of Use. Any such amendments shall be effective immediately.

    If you do not wish to continue using the Services, you may terminate your account as provided in Section 2.3 below.

    Your visit and/or use of the Services are also governed by our Privacy Policy. By using our services, you acknowledge that you have also read our Privacy Policy.

    1. Your Account

    2.1. Creation and ownership

    In order to use the Services, please register as a user and create your Akius account by connecting through your Facebook account or your Apple ID as instructed on our welcome page.

    As a condition to your use of the Services, all information you provide shall be correct, current and complete. We may use the information provided by you to determine the actual and true owner of the User’s account submitted to us (including but not limited to email address and billing information).

    In the event of a dispute regarding ownership of a User’s account, we reserve the right to determine ownership to a User’s account based on our reasonable judgment, in our sole discretion, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User’s account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request any documentation that may assist us in determining ownership.

     

    2.2. Auto-Renewals

    An automatic renewal option may be applied by default to some of our services. Such option may be turned off in your profile page. Unless the automatic renewal is turned off, said services will renew automatically upon expiration of the original period for which you purchased said services , for a period of equal time to the original subscription period and at the applicable price at the time of renewal.

     

    2.3. Cancellation

    2.3.1. Cancellation by User

    If you do not wish your subscription to renew automatically, you must follow the cancellation instructions available on your account prior to the expiration of the ongoing subscription period by clicking here .

    2.3.2. Cancellation by Akius

    Failure to comply with any of the Akius Terms and/or to timely pay any due fee shall entitle Akius to suspend (until full payment is made) or cancel your account, as well as the provision of any related Services to you.

    2.3.3. Consequences of cancellation

    After cancellation, you will be allowed to use your subscribed Services until the expiration of the ongoing paid subscription period.

    No refund will be due by Akius upon cancellation.

    In addition, cancellation may cause loss of certain content, features, or capacity of your account.

    Akius shall not be liable in any way for such loss, or for saving a backup of your account and/or content.

     

    2.4. Using our Services

    The Services and the Content are the property of Akius or Akius’ licensors. We grant you limited, non-exclusive, revocable permission to make use of the Services, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Akius. You promise and agree that you are using the Services and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Services or the Content.

    The Services and Content are not sold or transferred to you, and Akius and its licensors retain ownership of all copies of the Akius software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”).

    You agree to abide by the Akius Terms and not to use the Services, the Content, or any part thereof in any manner not expressly permitted by the Akius Terms. Except for the rights expressly granted to you in the Akius Terms, Akius grants no right, title, or interest to you in the Services or Content.

    Third party software (for example, open source software libraries) included in the Services are made available to you under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.

     

    2.5. Your User Content:

    You are responsible for all content uploaded or provided by you, or imported, copied or uploaded, or created by using the Services including without limitation content including your name, image, likeness, appearance, and other personal characteristics and private information, and all materials that incorporate any of the foregoing (“User Content”). By creating, posting or transmitting User Content, you represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize us to import, copy, use, publish, import, display, upload, transfer or license your User Content and that such User Content, or its use by Akius, as contemplated by the Akius Terms, does not violate the Akius Terms or any other rights set forth by applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Akius or any artist, band, label, entity or individual without express written consent from Akius or such individual or entity.

    By uploading your User Content onto the Services, you grant Akius, in perpetuity, a worldwide, exclusive, royalty-free, sublicensable and transferable license to exploit your User Content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all configurations as Akius determines and to use your User Content (including to reproduce, distribute, prepare derivative works, display and perform it).

    We may remove any User Content that violates the Akius Terms or that we determine is otherwise not appropriate in our sole discretion. Akius is under no obligation to accept any individual as a customer or user and may accept or reject any registration in its sole and complete discretion.

     

    2.6 Additional obligations

    Additionally, you agree and undertake to:

    – allow Akius to use processor, bandwidth, and storage hardware on your personal computer, mobile handsets, tablets, wearable devices, speaker and/or other devices, in order to facilitate the operation of the Services;

    – allow Akius and its business partners to provide advertisement and other information to you;

    – to grant Akius a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform and/or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Services through any medium, whether alone or in a combination with other content or materials, in any manner and by any means, methods or technology, whether now known or hereafter created. Wherever applicable and permitted by applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content and your right to object to derogatory treatment of such User Content.

     

    2.7 Restriction on Use

    You acknowledge and agree that you are solely responsible for (and that Akius has no responsibility to you or to any third party for) any breach of your obligations under the Akius Terms and for the consequences (including any loss or damage which the Company may suffer) of any such breach.

    All activities performed by anyone authorized, directly or indirectly and expressly or tacitly, by you to access your Akius account shall be deemed to have been performed on your behalf and in your name and you are hence solely and fully responsible for such activities and their consequences, including but not limited to any prejudice that may be caused.

    If you violate the Akius Terms and/or Akius has a reasonable ground to suspect that you have violated the Akius Terms, Akius has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

    Furthermore you agree not to use the Services or Content to:

    1. copy, redistribute, reproduce, record, transfer, perform, display to the public, broadcast, or make available to the public any part of the Services or Content, or otherwise make any use of the Services or Content which is not expressly permitted under the Akius Terms or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Services or the Content;
    2. upload, post, email, or otherwise transmit any material that is malicious, unlawful, derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;
    3. use the Services to import or copy any local files that you do not have the legal right to import or copy in this way;
    4. transfer copies of cached Content from an authorized Device to any other Device via any means;
    5. reverse-engineer, decompile, disassemble, modify, or create derivative works of the Services, Content or any part thereof except to the extent permitted by applicable law;
    6. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services and/ or provide your password to any other person or using any other person’s username and password;
    7. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
    8. upload, insert, collect or otherwise make available within Akius’ application or products (or any part thereof), any malicious, unlawful, defamatory or obscene content;
    9. circumventing or blocking advertisements in the Services, or creating or distributing tools designed to block advertisements in the Services;
    10. publish and/or make any use of the Content on any website, media, network or system other than those provided by Akius, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any Content (or any part thereof), except as expressly permitted by Akius, in advance and in writing;
    11. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of its data and/or content, or in any way reproduce or circumvent the navigational structure or presentation of any of the Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available by Akius;
    12. act in a manner which might be perceived as damaging to Akius’ reputation and goodwill or which may bring Akius into disrepute or harm;
    13. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Akius or any trademarks owned by Akius and/or variations and misspellings thereof;
    14. impersonate any person or entity or provide false information on the Services, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Akius and/or any other Users;
    15. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Akius or any third party endorses you, your business, service or products, or any statement you make;
    16. reverse look-up, trace, or seek to trace another User, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about Users without their express and informed consent;
    17. provide your password or username to any other person;
    18. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Services, the account of another User(s), or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means;
    19. probe, scan, or test the vulnerability of the Services or any network connected to the Services;
    20. upload to the Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
    21. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Akius’ systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

    22. “stalk” or otherwise harass another;

    23. upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law;

    24. link to, references, or otherwise promote commercial products or services, except as expressly authorized by Akius;

    1. access to the Services, Users’ accounts, Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
    2. sell, license, or exploit for any commercial purposes any use of or access to the Content and/or Services, except as expressly permitted by the Akius Terms;
    3. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of Akius and/or any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Services and/or Content; or
    4. violate, attempt to violate, or otherwise fail to comply with any of the Akius Terms or any laws or requirements applicable to your use of the Services.
    5. access or use our services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

    You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

     

    3.1 Paid Services

    All applicable prices of the Services will be notified to you prior to your purchase of said Services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer may be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any sales, use, excise, and related taxes that may apply to your purchase, whether at the time of your purchase or at a different time. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider accepted by us. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

    As part of registering or submitting information to receive paid services, you also authorize Akius (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Akius or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). You may keep a credit card stored with Akius to pay for paid services (“Stored Card”). You will be able to identify each Stored Card by its last four digits.

     

    3.2 Invoices

    Akius will issue an invoice or credit memo for any payment of fees or refund made to or by Akius (“Invoice”). Each Invoice will be issued in electronic form and will be made available to you via your User account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

     

    3.3 Refund Policy

    Services purchased on or through Akius are non-refundable, unless provided otherwise. Akius will not refund any amounts paid for non-refundable paid Services.

     

    3.4 Chargebacks

    If, at any time, we record a decline, chargeback or other rejection of a charge of any payable fees on your account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Services may be automatically disabled or terminated.

    In the event a Chargeback is performed, your account may be blocked without the option to re-purchase or re-use it, and any data contained in such account, including any domains, applications may be subject to cancellation.

    Your use of the Services will not resume until you re-subscribe, and pay any applicable fees in full, including any fees and expenses incurred by Akius for each Chargeback received (including fees for Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

    1. Third Party Services

    The Services are integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the Services available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Akius does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Akius warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Services.

    1. Intellectual Property and DMCA Notifications

    4.1 Akius’ Intellectual Property

    All rights, title and interest in and to the Services, including any and all copyrightable materials or any other Content thereof which is or may be subject to any intellectual property rights under any applicable law (including but not limited to copyright, copyrights and trademarks), whether such rights, title and interest are registered or not and wherever those rights may exist (collectively, “Intellectual Property”), and any derivations thereof, are owned by Akius.

    You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Akius, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof, in whole or in part unless expressly permitted or required by law. Software, if any, that is made available to download from the Services is the copyrighted work of Akius and/or its suppliers. Your use of the Software is governed by the Akius Terms.

    Subject to your full compliance with the Akius Terms and timely payment of all applicable fees, Akius hereby grants you, upon creating your account and for as long as Akius wishes to provide you access to its services, a limited, personal, non-transferable, non-sublicenseable, and non-exclusive right and license to use the Services and Contents, solely as expressly permitted under the Akius Terms, and solely through the Services.

    The Akius Terms do not convey any right or interest in or to Akius’ Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Akius Terms constitutes an assignment or waiver of Akius’ Intellectual Property rights under any law.

     

    4.2 Copyrights

    We respect the rights of intellectual property holders. If you believe that any content on the Services violates the Akius Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:

    1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
    2. A description of where the material that you claim is infringing is located on the Services (including the exact URL);
    3. An address, a telephone number, and an e-mail address where we can contact you;
    4. A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
    5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and
    6. Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

    We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to our designated agent at: info@akius.com

    We will terminate the user account of any user who repeatedly submits User Content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had content removed from the Services more than twice.

    Equitable Relief – We may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.

    1. Disclaimer of Warranties

    WE PROVIDE THE SERVICES ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, OR ANY OTHER WARRANTY – ALL TO THE FULLEST EXTENT PERMITTED BY LAW. WE SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT THE SERVICES (OR ANY PART, FEATURE OR CONTENT THEREOF) ARE COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE OR SECURE IN ANY WAY, SUITABLE FOR OR COMPATIBLE WITH ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT THEY WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU (INCLUDING IN ANY JURISDICTION IN WHICH YOU OPERATE), OR THAT THEIR OPERATION WILL BE FREE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS. MOREOVER, WE DO NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE (INCLUDING ANY THIRD PARTY SERVICES) MENTIONED ON OR MADE AVAILABLE VIA THE SERVICES – SO PLEASE BE SURE TO VERIFY THOSE BEFORE USING OR OTHERWISE ENGAGING THEM.

    AKIUS MAY, AT ITS SOLE DISCRETION (HOWEVER IT SHALL HAVE NO OBLIGATION TO DO SO), SCREEN, MONITOR AND/OR EDIT ANY USER CONTENT, AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT NOTICE.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, IN NO CIRCUMSTANCES MAY AKIUS BE CONSIDERED AS A “PUBLISHER” OF ANY USER CONTENT, DOES NOT IN ANY WAY ENDORSE ANY USER CONTENT, AND ASSUMES NO LIABILITY FOR ANY USER CONTENT UPLOADED, POSTED, PUBLISHED AND/OR MADE AVAILABLE BY ANY USER OR ANY OTHER PARTY ON AND/OR THROUGH THE SERVICES, FOR ANY USE BY ANY PARTY, OR FOR ANY LOSS, DELETION OR DAMAGE THERETO OR THEREOF OR ANY LOSS, DAMAGE, COST OR EXPENSE THAT YOU OR OTHERS MAY SUFFER OR INCUR AS A RESULT OF OR IN CONNECTION WITH PUBLISHING, ACCESSING AND/OR RELYING ON ANY USER CONTENT. FURTHERMORE, AKIUS SHALL NOT BE LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INCITEMENT AND/OR ANY OTHER UNLAWFUL AND/OR INFRINGING USER CONTENT YOU OR ANY OTHER PARTY MAY ENCOUNTER.

    YOU ACKNOWLEDGE THAT THERE ARE RISKS IN USING THE SERVICES AND/OR CONNECTING AND/OR DEALING WITH ANY THIRD PARTY SERVICES THROUGH OR IN CONNECTION WITH THE SERVICES, AND THAT AKIUS CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC OUTCOMES FROM SUCH USE AND/OR INTERACTIONS, AND YOU HEREBY ASSUME ALL SUCH RISKS, LIABILITIES AND/OR HARM OF ANY KIND ARISING IN CONNECTION WITH AND/OR RESULTING FROM SUCH INTERACTIONS. SUCH RISKS MAY INCLUDE, AMONG OTHERS, MISREPRESENTATION OF INFORMATION ABOUT AND/OR BY THIRD PARTY SERVICES AND/OR CONTENT, BREACH OF WARRANTY AND/OR CONTRACT, VIOLATION OF RIGHTS, AND ANY CONSEQUENT CLAIMS.

    YOU ACKNOWLEDGE THAT AKIUS IS NOT RESPONSIBLE FOR YOUR COMPLIANCE WITH ANY LAW APPLICABLE TO YOUR DIRECT AND/OR INDIRECT USE OF THE SERVICES.

    1. Limitation of Liability

    5.1 To the fullest extent permitted by law in each applicable jurisdiction, Akius, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including but not limited to any damages resulting from:

    – the use or the inability to use the Services;

    – errors, mistakes, or inaccuracies of or in any Content;

    – any action you take based on the information you receive in through or from the Services,

    – your failure to keep your password or account details secure and confidential;

    – any interruption or cessation of transmission to or from Akius;

    – the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services;

    – any personal injury or property damage related to your use of the Services;

    – unauthorized access to or alteration of your transmissions or data;

    – the improper authorization for the services by someone claiming such authority;

    – statements or conduct of any third party on the services;

    – the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Services;

    – events beyond the reasonable control of Akius, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or

    – loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of the Services.

    You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for the Services, and such limitations will apply even if Akius has been advised of the possibility of such liabilities.

    7.2. If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Akius, and that Akius may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

    1. Indemnity

    YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AKIUS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBT AND EXPENSES (INCLUDING ATTORNEYS’ FEES) DUE TO OR ARISING OUT OF : (1) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE OR ANY OTHER AKIUS TERMS; (2) YOUR VIOLATION OF ANY LAW OF ANY JURISDICTION OR ANY THIRD PARTY RIGHT, INCLUDING ANY COPYRIGHT, ACCESS RIGHTS, PROPERTY, OR PRIVACY RIGHT, RESULTING FROM YOUR USER CONTENT AND/OR YOUR USE OF OUR SERVICES.

    1. Export control

    The Services may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.

    You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Akius under the Akius Terms to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

    1. Third party rights

    You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Akius Terms and have the right to enforce the Akius Terms directly against you. Other than as set out in this section, the Akius Terms are not intended to grant rights to anyone except you and Akius, and in no event shall the Akius Terms create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Akius Terms are not subject to the consent of any other person.

    If you have downloaded the Kornette app from the Apple, Inc. (“Apple”) App Store or if you are using the Services on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. The Akius Terms are between you and Akius only, not with Apple, and Apple is not responsible for the Services and the content thereof. Akius has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (1) product liability claims; (2) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of the Services infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of the Akius Terms, and upon your acceptance of the Akius Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Akius Terms against you as a third party beneficiary of the Akius Terms. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

    1. General

    6.1 Changes & Updates

    Akius reserves the right to change, suspend or terminate any of the Services or Contents (or any features thereof, or prices applicable thereto), and/or cancel your access thereto (including removal of any materials created by you in connection with the Services) for any reason and/or change any of the Akius Terms with or without prior notice – at any time and in any manner. You agree that Akius will not be liable to you or to any third party for any modification, suspension or discontinuance of those Services.

    If any such changes involve the payment of additional fees, we will provide you with a notice of such fees prior to enabling such specific changes. If you fail or refuse to pay such fees, we may (at our sole discretion) cancel your User account (as further explained in Section 2.3 above).

     

    6.2 Governing Law & Jurisdiction; Class Action Waiver

    The Akius Terms and the resolution of any dispute related to these Akius Terms shall be construed in accordance with the laws of the State of California. Any dispute between the Company and you related to these Terms and Conditions shall be resolved exclusively by the state and federal courts of the State of California. The Services can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to your access to or use of the Services. Akius makes no representation that material on the services is appropriate or available for use in other locations, and accessing this information from territories where the content is illegal is prohibited. Those who choose to access the Services from other locations do so by their own initiative and are responsible for compliance with local laws.

    Subject to any applicable law, all disputes between you and Akius shall only be resolved on an individual basis and you shall not have the right to bring any claim against Akius as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

     

    6.3 Notices

    We may provide you with notices in any of the following methods: (1) via the the Services, including by a banner or pop-up within the Services, your User account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Akius’ notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

     

    9.4 Relationship

    The Akius Terms, and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Akius and you.

     

    6.5 Entire Agreement

    These Terms of Use, together with the Akius Terms and any other legal or fee notices provided to you by Akius, shall constitute the entire agreement between you and Akius concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Akius and you, including those made by or between any of our respective representatives, with respect to any of Akius. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Akius in entering into any of the Akius Terms.

     

    6.6 Assignment

    Akius may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Services and/or Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Akius. Any attempted or actual assignment thereof without Akius’ prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎9.6 shall not in itself grant either Akius or you the right to cancel any Services or Third Party Services then in effect.

     

    6.7 Severability & Waivers

    If any provision of the Akius Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Akius Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

     

    6.8 Interpretation

    Any heading, caption or section title contained herein, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

    These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

  •  

    WELCOME TO KORNETTE

    BY AKIUS SAS

     

    TERMS OF USE

    PLEASE READ THIS DOCUMENT CAREFULLY.

     

    1. Definition

     

    The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of the interpretation and execution hereof:

     

    “Site” – the platform and mobile application www.kornette.com which are owned by AKIUS.

     

    “Company” – the company AKIUS, a simplified joint stock company with capital of 138.38 euros, registered with the RCS of Aix-en-Provence under the unique identification number 884 160 458, whose head office is located at 360 Campagne Plan Lorgue 13100 Saint Marc Jaumegarde, and whose commercial name (brand) is Kornette.

     

    “Member” – This is any natural or legal person registered on the Site to make a financing promise (Investor) or promote a Project (Project Owner).

     

    “Project Leader” - This is the legal entity, in the form of a commercial company, the natural person or the association which offers, via the Company's Site, to receive one or more investment promises within the framework of of the project. By Project Leader we mean both the commercial company, association or natural person which presents the Project to Investors, whether they are Contributors or Investors, as well as the company in whose capital the Investors will, if they personally decide, be led to subscribe.

     

    “Investor” - This is any natural or legal person participating on the Site in one or more Investment Promises with the Project Leader. All Investors must make their Subscription not on the Site but in direct contact with the Project Leader. They will, however, be considered and counted as Investors who participated in the project via the Company's Site.

     

    “Party” – the Member or Company.

     

    “Account” – an account created by Members when registering on the Site in order to use the Site.

     

    “Ceiling amount” – This is the maximum total amount that the Project Owner wishes to obtain as part of the Investment Operation that it presents on the Site.

     

    “Collection” – This is the term for an Investment Transaction.

     

    “Investment Operation” - This is the fundraising operation offered online on the Site by the Project Leader, defined by the desired fundraising, the unit amount of sale of its shares, shares , bond securities and the number of shares, shares or bond securities offered. This Investment Operation is understood as any type of legal operation allowing the contribution to the Project Holder of funds subscribed within the framework of the Collection and in particular but not exclusively during the creation of the Project Holder's company or during an increase in its capital. The duration of the Investment Operation extends from the signature of this referencing contract until the date of registration at the Registry of the Commercial Court of the formalities relating to this fundraising and for a period of six (6 ) months after this date. The terms of the Investment Operation for Project Holders are the subject of a referencing contract signed by the Project Holder and which takes precedence over these general conditions. Please note, the Company only connects Investors and Project Leaders. The promise of funding is the trigger. The company does not provide investment advice to any party and does not collect any funds whatsoever.

     

    “Project Page” – the page on which the Project Owner publishes his project for which he wishes to obtain Funding Promises.

     

    “Project” – This is the activity that the Project Leader wishes to develop and for which it offers the Financing Operation on the Site.

     

    Any reference to the singular includes the plural and vice versa.

     

    Any reference to one gender includes the other gender.

     

    ‍2. Site activity

     

    The Site's activity is to:

     

    - serve as an intermediary between Project Leaders and Investors, to allow Project Leaders to find financing for their projects and Investors to finance the projects of their choice.

     

    Members undertake to use the Site only for the purposes provided for in the General Conditions of Use. In particular, they are prohibited from using the Site for commercial or advertising purposes and from providing any other person with access to their Account on the Site, whether for a fee or free of charge.

     

    3. Site ownership

     

    The Company is the exclusive owner of the Site and its content as well as the exclusive holder of all intellectual property rights relating to the Site and its content, in particular to files, databases, software and their updates.

     

    Members and people who visit the Site only have a right to use the Site, non-exclusive and non-transferable, under the conditions provided for herein. Consequently, they undertake not to reproduce and publish the content of the Site, for use other than private, without prior written authorization from the Company.

     

    4. Use of the site

     

    4.1 Site visit:

     

    *The Site can be visited by anyone, with registration required. However, project leaders cannot publish projects directly. They must go through a form and have the quality of the project validated by the dedicated team. Any person visiting the Site is required to respect these General Conditions of Use, the laws and regulations in force as well as the rights of third parties, in particular intellectual property rights. The Company reserves the right to suspend or prohibit access to the Site to people who do not comply with these obligations.

     

    4.2 Registration

     

    To be able to contribute to a project, Investors must carry out a free registration which consists of creating an Account on the Site. Registration is open to both natural and legal persons as well as associations without legal personality, whether their aim is for profit or not. As regards associations without legal personality, their registration on the Site must be carried out by one of its members who is a natural person. To create an Account, simply complete the registration form found on the Site. In the online form, the Project Leader who is a natural person provides information relating to his or her last name, first name, date and place of birth, nationality, address and profession and if the Project Leader is a legal entity, information relating to its corporate form, name, head office address, registration number and the body which represents it.

     

    Investors do not have the possibility of making their investment promises anonymously and are required to provide the Company and the Project Leader they are financing with their name, first name, date and place of birth as well as their email address for reasons of combating money laundering and financing of terrorism. The information mentioned in this article is intended for the Company to prevent possible fraud when using the Site. They remain strictly confidential and are communicated to the Company and, only if necessary for the smooth running and completion of a project, may be communicated to Investors and Project Leaders. Furthermore, the Company reserves the right to provide access to the information thus collected in the event of validation by the Investor or strict technical necessity, particularly in the event of maintenance of the Site, in order to ensure the incident-free operation of the Site.

     

    In certain justified situations, the Company may also transmit this information to “authorized third parties” entitled to receive it in a timely and justified manner (in particular the police services, the tax administration, the Financial Markets Authority or the Financial Markets Authority). Prudential Control Authority). When registering, the Member undertakes to complete the registration form by providing accurate information on the date of registration and to inform the Company of any change in this information occurring after registration. The Company reserves the right to delete the Member's Account in the event of violation of these obligations. By registering on the Site, the Member declares to have read these General Conditions of Use. The creation of an Account therefore constitutes acceptance of the latter without restriction or reservation.

     

    After creating an Account, the Member chooses a login and a password allowing them to connect to their Account on the Site. These identifiers are strictly personal and confidential and the Member undertakes not to communicate them to third parties. The Member is solely responsible for the use of his identifiers by third parties and the operations carried out with the use of his identifiers. The equipment allowing access to the Site and Internet connection costs are the responsibility of Members.

     

    4.3 Responsibility of members

     

    a) Contents

     

    When publishing content on the Site, the Member complies with all legal, regulatory, administrative provisions and applicable conventions. In particular, the Member guarantees that he is the owner of the rights to the content he publishes on the Site. Consequently, the Member is solely responsible in the event of violation of these obligations and guarantees the Company against any recourse against the latter, emanating from a Member or a third party following non-compliance with this obligation.

     

    b) Fraudulent use of identifiers

     

    If the Member distributes or uses the identifiers contrary to their purpose defined herein, he remains solely responsible for the operations carried out.

    made by another person using these identifiers.

     

    The Member guarantees the Company against all demands and recourse against the Company which may result therefrom.

     

    c) Other cases of liability

     

    It is specified that Investors, and in particular Project Leaders, may be held liable in situations other than those specified in points a) and b), and in particular in the cases provided for by these General Conditions. 'Usage.‍4

     

    4.4 Presentation and publication of projects

     

    The Project Leader presents to the Company the detailed project for which he wishes to obtain financing. The detailed description of the project must contain the following points:

     

    - The name of the Project Leader, the name of the Company, its address and its SIRET number

     

    - Information on the history and activities of the Project Leader

     

    - The objective of fundraising and the use of funds.

     

    The Company selects the projects to publish on the Site taking into account the criteria listed below:

     

    - The reputation and values of the Project Leader

     

    - The interest of the project for the life of the Project Leader, for his clients or for his territory

     

    - The Project/Project Leader adequacy with the principle and values of participatory financing

     

    - Only in the context of an Investment Operation, the financial viability of the project and its financial interest for an Investor.

     

    The Company reserves the right to accept or refuse the publication of projects on the site www.kornette.com by simple notification to the project leader, and without obligation to justify its decision.

     

    Project validation is done in two stages: After submission of the initial project, the file is studied by the Company and a first opinion (favorable or unfavorable) is given to the Project Leader within two (2) working days from receipt by the Company of the project concerned.

     

    If the opinion is favorable, an employee of the Company contacts the Project Leader by email or telephone to help them finalize the presentation and details of their project in order to maximize their chances of succeeding in their fundraising campaign.

     

    If the opinion is unfavorable, the Company sends the Project Owner a notice of refusal, in which it may, without being required to do so, recommend modifications to be made so that the project is eligible for publication on the Site. The Company informs the Project Holder of its final decision to accept or reject the project within five (5) working days from receipt by the Company of the final project presented by the Project Holder.

     

    If the project receives a favorable opinion from the Company, the Company agrees to publish it on the Site. If a project is refused publication on the Site, the Company sends the Project Owner a notice of refusal, in which it may recommend modifications to be made so that the project is eligible for publication on the Site. . The Project Leader may submit the same project for acceptance by the Company for the second time, provided that they make the necessary modifications for its improvement and recommended by the Company in the refusal notice.

     

    **From the publication of the project, the Operation Deadline opens. During this period the object of the project can no longer be modified by the Project Leader, but improvements are still possible provided that they are accepted by the Company. Any modification of the project entails the right for Investors to withdraw the Investment Promises already made. Publication of updates to project details after initial publication is subject to approval by the Company.

     

    The Project Owner may stop the appearance of the project on the Site at any time. All modifications are subject to acceptance by the Company. The Project Leader is solely responsible for verifying that he holds all the rights necessary for the presentation of the project, its publication on the Site and its completion. As such, the Project Leader guarantees to be the legitimate holder of all intellectual property rights necessary for the publication and completion of the project.

     

    The Project Leader ensures that (i) any project presented and published on the Site is in compliance with the legislative and regulatory provisions in force and that (ii) the project does not mislead Members and third parties . The Project Leaders recognize that the fact of providing inaccurate, false and misleading information may have the consequence of incurring their liability and they guarantee the Company against any claim for liability emanating from any person and linked to a publication of the project on the Site. The published projects can be consulted on the Site, in the section The s Projects as well as on the Site’s home page for the projects highlighted. Members can also opt to obtain information on new projects published on the Site by an electronic message sent by the Company. A Project Owner can only publish one project at a time. A project is considered to be published for the entire duration of the Operation concerning it.

     

    4.5 Project financing‍.

     

    Investment Promises

     

    a) Characteristics of the Investment Promises.

     

    The Investment Promises presented on the Site are proposals for participation in fundraising from Project Leaders whose Projects have been previously selected by the Company. The Investment Operations viewable by Members on the Site include:

     

    - Presentation of the directors, capital, and activities of the Company.

     

    - Presentation of the Project (Pitch deck).

     

    - The desired fundraising.

     

    - The pre-money valuation of the company.

     

    - The minimum ticket accepted.

     

    The Investment Promises are open throughout the duration of the Operation. Only Members of the Site can make an Investment Promise. The Investment Promise is a proposal for participation in the Fundraising of the Project Leader. The activity of the Site is limited to connecting Investors and Project Leaders on the basis of the preferences and situation of each as detailed in their respective profile. It is reminded at each stage of the Investment Promise process that the investment carries risks of total or partial loss of the capital invested as well as a risk of illiquidity.

     

    However, the Company is not responsible in the event of non-achievement of the objectives presented by the Project Leader, the Company having no power to intervene in the life of the Project before, during or after its fundraising. If the fundraising were not to take place after contact between Investors and Project Leader, this would not entitle the Investor or the Project Leader to any payment of any sum for damages.

     

    To make a Financing Promise, the Investor must become a Member, complete an investor questionnaire then click on the “I invest” button. The creation of a personal account and response to the investor questionnaire is a condition for subscribing. Before clicking on the “I invest” button, the Investor has the possibility to cancel his last action and return to previous pages. Confirmation of the Financing Promise entails acceptance of the T&Cs. An email acknowledging receipt of the Promise of Funding is sent by the Publisher as soon as possible. The Company reserves the right to refuse any Promise of Financing for legitimate reasons.

     

    The archiving of communications is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1348 of the Civil Code. These communications can be produced as proof, and at the Investor's first request, by sending an email to businessangel@kornette.com.

     

    Fees on Investment Operations (Project)

     

    The monthly subscription of one hundred and fifty euros (150) is without obligation and supported only by the Project Leaders. No commission of any kind is due, neither by the Project Leaders nor by the Investors.

     

    4.6 PROJECT COMPLETION

     

    The **Project Leader undertakes to take all necessary steps to carry out the project that he has published on the Site, in accordance with what was planned in the presentation of the project. The beneficiary Project Leader may cancel their monthly subscription at any time, whatever their motivation. The Project Leader acknowledges and accepts being solely responsible for the sequence of events following the appearance of his Project on the Company's Site, which declines all responsibility in this respect. The Project Leader is also solely responsible for the completion, development and possible cancellation of the project.

     

    The Company can only be contacted to help potential Investors establish the identity of the Project Owner concerned in order to enable them to incur liability in cases relating to non-execution or poor execution hereof. Consequently, the Project Holder undertakes to guarantee the Company against any request, emanating from a Member or a third party, and linked to the non-execution by the Project Holder of its obligations resulting from the General Conditions of Use .

     

    4.7 INTELLECTUAL PROPERTY

     

    The Project Leaders are the owners of their projects published on the Site and remain holders of all intellectual property rights concerning these projects. However, and only to achieve the object provided herein, the Company reserves the right to publish, exploit, reproduce, adapt, arrange the project and the information concerning it, which the Project Leaders accept without reservation. Information relating to the project may be published on the Site, even after the project has been completed, for purposes of promoting the Site and for information purposes.

     

    4.8 ACCOUNT SUSPENSION AND DELETION

     

    In the event of non-compliance with the General Conditions of Use by a Member, the Site has the right to suspend the Account of the Member concerned and to send him a written notice by any means, so that he complies with the present. If the formal notice remains unsuccessful, the Site reserves the right to delete its Account upon reasonable notice.

     

    In particular, the Account may be deleted in the event of:

     

    - Communication by the Member of his identifiers to third parties

     

    - Use of the Site for purposes other than those specified in the General Conditions of Use

     

    - Providing inaccurate personal data during registration

     

    - Publication of false or misleading information

     

    - Presentation of projects in violation of the legislative and regulatory provisions in force, in particular affecting a person or the private life of a person and those whose implementation would constitute an offense

     

    - Publication of prohibited content

     

    To delete their Account, the Member makes a written request to the Company, at the address 360 Campagne Plan Lorgue 13100 Saint Marc Jaumegarde or at the email address: contact@kornette.com. On this basis, the Account is deleted without delay.

     

    If the Account is deleted, the Member concerned can no longer use the Site. Thus, projects published by him are deleted and he can no longer support the projects or access his history of Investment Promises made on the Site.

     

    5. Personal data

    5.1 Collection

     

    **During registration, the Site collects information concerning Members and relating to their last name, first name, date and place of birth, nationality, address and profession. The Company may request additional information from Members that is necessary to achieve the purpose set forth herein. The Company also collects information regarding the IP address of Members and visitors used to connect to the Site.

     

    This data is kept for the following period:

     

    -During the entire registration period for Members

     

    - For the duration of the visit to the Site for visitors. The Site has made the declaration to the National Commission for Information Technology and Liberties, currently being registered. The purpose of collecting personal data is for the Company to know the identity of Members in order to prevent possible fraud when using the Site. Personal data is communicated to the Company and, only if necessary for the smooth running and completion of a project, may be communicated to Investors and Project Leaders. Furthermore, the Company reserves the right to provide access to personal data in the event of strict technical necessity, particularly in the event of maintenance of the Site, in order to ensure the incident-free operation of the Site. Only authorized persons can access the personal data collected by the Company: thus, the data can only be transmitted to the recipients explicitly designated herein and to “authorized third parties” having the right to receive them in a timely and motivated manner (in particular police services and tax administration).

     

    As data controller of personal data, the Company adopts physical and logical security measures adapted to the nature of the personal data collected and the risks presented by the processing. The personal data of Members is protected by the identifiers (a login and a password), chosen by the Member when creating an Account on the Site. Thus, the Member is the only one authorized to have access to the personal data concerning him and they cannot be visible to other Members and third parties. These identifiers are strictly personal and confidential and the Member undertakes not to communicate them to third parties. The Member is solely responsible for the use of his identifiers by third parties and the operations carried out with the use of his identifiers. The personal data collected is not transmitted to countries outside the European Union.

     

    5.2 Cookies

     

    When browsing the Site, cookies may be placed on the hard drive of the computer used during connection. The purpose of these cookies is to measure the audience of the Site and thus allow re up to the Company to know attendance statistics and to better manage them, by detecting navigation problems, evaluating its ergonomics and highlighting content particularly requested by Members and visitors. Members have the right of access and opposition as mentioned in article 5.3. that they can use at any time.

     

    What is a cookie ? When consulting our site, information relating to your computer's navigation on our site may be recorded by programs, in particular in so-called "cookies" files installed on your computer, subject, of course, to choices that you have expressed and that you can modify at any time.

     

    Disable cookies

     

    Your browser allows you to choose whether or not to accept the saving of cookies on your computer. You can choose to deactivate this feature at any time in your browser settings.

     

    Cookies

     

    Google Analytics

     

    The Company and the Site use Google Analytics, a traffic analysis service generated by Google Inc. To function, Google Analytics uses cookies which make it possible to establish statistics and traffic volumes (counting the number of Internet users present on the site) and use of the different elements making up our site (routes, sections and content visited). These cookies are essential to the proper functioning of the Site: they allow us to improve the relevance and ergonomics of the Site but also to detect navigation problems more quickly. The data generated by cookies regarding your use of the site (including IP address) will be transmitted and stored by Google on servers located in the United States. Google may communicate this data to third parties in the event of a legal obligation or when these third parties process this data on behalf of Google, including in particular the publisher of this site. Google will not combine your IP address with any other data held by Google.

     

    5.3 Access and modification

     

    In accordance with the “Informatique et Libertés” law of January 6, 1978 amended in 2004, you have the right to access and rectify information that concerns you, which you can exercise by contacting the Company, at address 360 Campagne Plan Lorgue 13100 Saint Marc Jaumegarde or at the email address: contact@kornette.com. You can also, for legitimate reasons, object to the processing of data concerning you. On this basis, the request is processed by the Company as quickly as possible.‍‍‍

     

    6. Terms of Service

    6.1 Validity and modification

     

    The General Conditions of Use of the Site come into force from their publication on the Site and apply (i) to each Member for the entire duration of their registration on the Site and (ii) to any other person during the duration of their navigation on the Site.

     

    The Company has the right to modify the General Conditions of Use, unilaterally, without notice and at any time, by publishing a new version of the General Conditions of Use on the Site. Members will be informed by any means of the new version and the fact of Members continuing to use the Site after being informed of a modification of the General Conditions of Use constitutes tacit and unreserved acceptance of the latter.

     

    6.2 Nullity of a stipulation

     

    If one of the stipulations of these General Conditions of Use proves to be void, it will then be deemed unwritten, without however resulting in the nullity of the General Conditions of Use or altering the validity of its other stipulations.

     

    6.3 Completeness

     

    Unless otherwise expressly stated herein, the General Conditions of Use contain complete rules applicable to the use of the Site and to relations between Members and the Company. Registration on the Site implies their full acceptance and commitment to respect them. The Parties acknowledge that these General Conditions of Use constitute the entire agreement concluded between them and supersede any prior offer, provision or agreement, written or oral.

     

    6.4 Transfer

     

    The**s Members are informed and accept that these General Conditions of Use as well as the rights and obligations resulting therefrom may be assigned at any time and to any person by the Company.‍

     

    7. Availability and content of the site

     

    The Site is in principle available without interruption, 24 hours a day, 7 days a week.

    The Company's obligation to guarantee access to the Site is a simple obligation of means.

     

    Thus, the Company cannot be held responsible for any damage or loss, whatever it may be. the nature that the unavailability of the Site may cause to a Member or any other person, whatever the cause of this unavailability, and in particular if it arises from a case of force majeure, as recognized by the courts, or if it results from events beyond its control.

     

    In addition, the Company reserves the right to delete or modify the Site, unilaterally and without notice, and declines all liability in this regard.

     

    8. Responsibility of the site

     

    8.1 The Company is not responsible in the event of any dispute which may arise between Members of the Site, whatever the cause, including when the dispute is in relation to the use of the Site.

     

    The Company collects personal data concerning the Members of the Site to know the identity of all Members and to prevent possible fraud when using the Site. Therefore, in the event of a dispute between Members, the Company can only be contacted to help establish the identity of the person against whom you wish to act.

     

    8.2 Project Leaders fully bear all risks linked to the completion and cancellation of a Project and the Company declines its liability in this respect.

     

    In particular, Project Leaders are solely responsible for providing Investors with any promised compensation, without the Company being held responsible in the event of poor execution of this obligation.

     

    Consequently, the Project Leaders agree to bear all damages linked to the completion and cancellation of a project for which the Company could be condemned.

     

    8.3 The Company may delete or modify the Site, unilaterally and without notice.

     

    The Company cannot be held responsible for the resulting consequences, in particular loss of data.

     

    8.4 Members are entirely responsible for the content they publish on the Site and the consequences resulting therefrom. Consequently, Members undertake not to transmit content on the Site which constitutes a violation of the legislative and regulatory provisions in force or the rights of third parties, in particular intellectual property rights.

     

    Members are solely responsible for the consequences resulting from the publication of prohibited content and the Company declines all liability in this regard.

     

    8.5 Project Leaders are entirely responsible for ensuring that the presentation of their projects on the Site is sincere and does not mislead Investors and third parties.

     

    Project Leaders recognize that providing inaccurate, false and misleading information may result in their liability.

     

    8.6 Members and visitors to the Site are solely responsible for the consequences that may result from consulting the hypertext links appearing on the Site. The Company declines all liability in this regard.

     

    8.7 The activity of the Site is that defined in article 2 hereof. Consequently, the Company does not carry out any other mission with Members, and in particular it does not give any advice relating to the projects to be financed or the tax consequences resulting for Investor Members or Project Leaders.

     

    Members are solely responsible for informing themselves about the tax consequences that may result from the promise of investment that they have made or from which they have benefited.**

     

    9. Applicable law

     

    These General Conditions of Use are governed by French law.

     

    10. Jurisdiction

     

    Any dispute resulting from the interpretation, validity or execution of these General Conditions of Use falls under the exclusive jurisdiction of the Paris Commercial Court.

     

    11. Notifications and complaints

     

    11.1 Notifications and complaints in relation to the execution of these General Conditions of Use and the use of the Site must be made in written form and transmitted to the Party concerned.

     

    11.2 Notifications and complaints to the Company may be made by Members to the attention of Mr. JD ROMBI, at the postal address: the company AKIUS, 360 Campagne Plan Lorgue 13100 Saint Marc Jaumegarde.

     

    11.3 Notifications to Members may be made by the Company to the postal address or email address indicated by the Member concerned when registering on the Site.

     

    11.4 All notifications and complaints to be made within the framework of these General Conditions of Use are considered to have been made:

     

    a) On the date appearing on the acknowledgment of receipt, if made by registered letter with acknowledgment of receipt.

    b) On the date appearing on the message sent if they are made by electronic message, provided that the recipient has received it and has been able to read it.

    c) On the date appearing on the acknowledgment of receipt if they are made by fax, provided that the recipient has received the message and has been able to read it.

    d) On the date indicated by the recipient on the document given to him, if they are made by hand delivery.

     

    11.5 Only complaints relating to the use of the Site will be taken into account.

     

    ‍11.6 Complaints procedure:

     

    l - Send a complaint to AKIUS

     

    Any Kornette user can submit a complaint to us by sending an email to support@kornette.com.**

     

    ll - Response times

     

    AKIUS undertakes to send an acknowledgment of receipt regarding any request received to support@kornette.com within a maximum period of three (3) working days from receipt.‍ AKIUS undertakes to provide a solution to any request within a maximum period of fifteen (15) working days from receipt of the complaint.

     

    12. Legal Notice

     

    12.1 Editor

     

    The Site is published by the company AKIUS, a simplified joint stock company with capital of 138.38 euros, registered with the RCS of Aix-en-Provence under the unique identification number 884 160 458, whose head office is located 360 Countryside Plan Lorgue 13100 Saint Marc Jaumegarde. The publication director is Mr. JD ROMBI.

     

    12.2 Accommodation

     

    **The Site is hosted by the company OVH SAS is a subsidiary of the company OVH Groupe SA, a company registered with the RCS of Lille under number 537 407 926 located at 2, rue Kellermann, 59100 Roubaix.

     

    Rights and duties of Members

     

    The copyright on the contents published on this site belongs to their authors. Unless otherwise stated, any reproduction of content must comply with the conditions of the commons creative license.

     

    No Commercial Use: You do not have the right to use this creation for commercial purposes.

     

    No 2.0 FR modifications. Authorship: You must cite the name of the original author in the manner indicated by the author of the work or rights holder who grants you this permission (but not in a manner that would suggest that they are giving or endorsing you your use of the work).

     

    No Modification: you do not have the right to modify, transform or adapt this creation. Members are responsible for the questions they formulate as well as the interpretation and use they make of the results. It is their responsibility to use it in accordance with the regulations in force and the recommendations of the National Commission for Information Technology and Liberties (Cnil) for personal data. In particular, they must know that the information must only be used for strictly professional purposes, that the capture of screens for reconstitution or enrichment of a nominative database is contrary to French law and therefore prohibited, as well as the 'use for commercial or advertising purposes.

     

    12.3 Data protection

     

    The rights of Members regarding data protection are defined in Law 78-17 of January 6, 1978 on data processing, files and freedoms. Visitors to this site can access public content without providing personal information. Only anonymous statistical information is collected about their visits. To publish content, Members must provide their email address as well as various personal information (last name, first name, postal code). This address is not made visible and is only used for the operation of the site. The first name, last name and email are the only information visible to members with access to the site. We remind Members that the content they make public must respect the protection of the personal data of third parties and that a declaration of their data made to the CNIL can be consulted under the registration numbers: - AKIUS, registration number in progress.

     

    12.4 Right of access and rectification

     

    In accordance with article 34 of the “Informatique et Libertés” law of January 6, 1978, you have the right to access, modify, rectify and delete data concerning you or likely to concern you. You can exercise this right by sending a written request to: AKIUS 360 Campagne Plan Lorgue 13100 Saint Marc Jaumegarde.

     

    12.5 Links to other sites

     

    The site may contain hypertext links to existing sites or sites managed by third parties. The site cannot exercise any permanent control over these sites, nor assume any responsibility for their conditions of access, their content, the advertising and services offered or the use that may be made of them.‍

     

  • WELCOME TO KORNETTE

    BY AKIUS SAS

    COOKIES POLICY

    PLEASE READ THIS DOCUMENT CAREFULLY.

     

    In order to improve your experience and provide our Services to you, we use monitoring and tracking technologies (such as cookies, beacons, pixels, tags and scripts).

    Accept all

    Refuse all

    In order to provide information and transparency, AKIUS has defined the present policy to allow you to learn more about cookies and Web Storage used.

     

    What are cookies, beacons, pixels, tags and scripts?

    Cookies

    A cookie is a tiny data file that resides on your computer that allows us to recognize you as a user when you return to the App using the same computer and web browser. Like the registration information you provide during account registration, cookie and log file data is used to customize your experience on the App. One type of cookie, known as a “persistent” cookie, is set once you have logged in to your account. The next time you visit the App, the persistent cookie will allow us to recognize you as an existing user so you will not need to login before using the App. In order to access or change any of your private information, you must log in with your password even if your computer contains your persistent cookie. Additionally, if you log out of the App, you will need to re-enter your password the next time you visit in order to log in to your account. Another type of cookie, called a “session” cookie, is used to identify a particular visit to the App. Session cookies expire after a short time or when you close your web browser. You can choose to disable cookies on your browser or allow your browser to notify you when a cookie is being sent, however this may prevent you from utilizing certain features of the App and Services. Information on deleting or controlling cookies is also available at www.aboutcookie.org (note that this website is not provided by Akius, and we, therefore, cannot ensure its accuracy, completeness or availability).

    Please note that deleting our cookies or disabling future cookies or tracking technologies may prevent you from accessing certain areas or features of our Services, or may otherwise adversely affect your user experience.

     

    Clear Gifs

    We and certain Third Party Services may employ a software technology called “clear gifs” (a.k.a. Web Beacons/Web Bugs), which enables them and us to improve our Services by measuring their effectiveness and performance. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, however are not stored on your device, but instead embedded within our Services.

     

    HTML5

    We and certain Third Party Services may also employ certain tracking technologies known as “HTML5”, mainly for advertising purposes. Various browsers may offer their own management tools for removing or blocking such technologies.

     

    Behavioral Targeting/Re-Targeting

    Certain Third Party Services and ad networks may display advertising on our App, or manage our advertising on other websites. Such parties may use certain tracking technologies to collect certain information about your activities on the Services and different third party Services to provide you with targeted advertising based on your interests and preferences. You may opt-out of receiving targeted ads from certain advertisers and ad networks by clicking here (or if you are located in the European Union click here (provided by YourChoicesOnline.eu). Please note this does not opt you out of receiving all advertising and that your opt-out will only be in relation to the specific advertising. You will continue to receive advertising for which you have not opted out.

    You can configure your settings and choose how you want your personal data to be used according to the purposes below. Please remember to save any changes at the end of this page.

     

    MANDATORY COOKIES FOR THE CORRECT FUNCTIONING OF THE SITE

    These cookies are strictly necessary to enable the site’s basic functionalities to run, such as securing the connection or memorising the progress of a process.

    Cookie name

    Description

    Storage time

    Plugin WordPress

    Saves cookie preferences

    12 months

     

    You can delete them using your browser settings. This could, however, degrade your user experience.

     

    Performance cookies—————————————————————————

    These cookies collect anonymous information about the pages accessed.

    Cookie name

    Host

    Storage time

    Description

    _ga

    akius.com

    365 jours

    Analytics

    _gat

    akius.com

    10 minutes

    Analytics

    _gid

    akius.com

    1 jour

    Analytics

     

    Functionality Cookies

    These cookies remember the choices you make to enhance your experience.

    Cookie name

    Host

    Storage time

    Description

     

     

    Advertising Trackers ———————————————————————-

    These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests.

    Cookie name

    Host

    Storage time

    Description

    1P_JAR

    .gstatic.com

    20 jours

    before visiting this website.

    CONSENT

    .gstatic.com

    7625 jours

    not use the website and on any tising that the user should consult before visiting this website.

     

    Save my settings

  • MY PRIVATE RIGHTS

    > Delete my Account

    > Do not sell my personal informations

    > Download my data Customer service

    > Others