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Terms and conditions of Kalerion Computing S.L. (“Kalerion”) for the use of the Kalerion Services
Important:
These are the terms and conditions (the “Conditions”) which govern the access to and use by you (the “User”) of the Kalerion services as described on the website www.kalerion.com (the “Website”), as well as all its products, content, and pay services, including any extension, update or modification of any of them (collectively the “Services”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS BY ACCESSING AND/OR USING THE SERVICE AND/OR COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THEM, WITHOUT RESERVATION.
Access to the Services is strictly prohibited for those under 18 years of age. You hereby declare and guarantee that you are at least 18 years of age and will not make any part of the Service available to anyone under 18 years of age. If at any moment Kalerion reasonably suspects or has evidence that a person under 18 years of age has accessed, used or registered to use any of the Services, Kalerion will immediately cancel such registration and prevent the use of the Services by such person.
General
1. The Services have as their primary objective permitting and facilitating contacts between Users, whether through connections between mobile devices which meet the requirements and specifications for the Services and which are properly registered with the Kalerion system (the “Mobile Service”); or by interchange of information via the Website.
2. Before using the Services, the User must complete the registration process and application form. The User will be given and/or permitted to choose a username and password, both personal and non-transferrable, which will permit the User to access the Services. Each User is solely liable for the safekeeping and appropriate use of and all activity occurring under their username and password. Kalerion reserves the right to suspend or require the modification of a username or password for any reason at any time including in particular if Kalerion considers that there is or may be a security breach associated with them.
3. The Services will be activated for the User after confirmation of acceptance of the User’s registration by Kalerion.
4. Upon such confirmation: (i) all Users will be able to access the Services through the Website; and (ii) Users with Bluetooth-capable mobile devices that are compatible with and can install the software (“Active Devices”) will receive an SMS or WAP push with the link from which they can download and install the software which permits access and use of the Mobile Service on their mobile device (including any updates, upgrades, enhancements or replacements thereto, referred to as the “Jivebug Software”, see also section entitled “Intellectual Property” below). Users with Bluetooth-capable mobile devices that do not or cannot have the Jivebug Software installed (“Passive Devices”) can, once their application has been accepted by Kalerion, use the Mobile Service using SMS messages, and will be assigned a unique Bluetooth® address for use of the Mobile Service.
5. Kalerion will make a unique Bluetooth Identifier Code available to Users of Passive Devices in accordance with these Conditions. The User should use this code to configure the Passive Device currently registered with Kalerion in the User’s profile, following the procedure set out on the Website for this purpose. The User shall not in any circumstances transfer or make known this code to any other person.
6. It is necessary to have a Bluetooth® enabled Active Device or Passive Device in order to access and use the Mobile Service. It is not necessary for the User to install the Jivebug Software or have any Active or Passive Device in order to use the Services or make contacts with other Users using the Website only.
Profiles
7. At any time after acceptance by Kalerion, the User may register his or her profile, photograph and/or other information relevant to the Services in the formats set out on the Website (collectively a “Profile”). Kalerion reserves the right, but has no obligation, to review and approve all Profiles in accordance with the requirements set by Kalerion from time to time and legal or regulatory obligations, or to correct or eliminate apparent errors or to improve readability. Kalerion shall be entitled to remove any Profile which it deems does not comply with these requirements or with applicable legal or regulatory obligations. Notwithstanding these rights, the content of a User’s Profile is the sole responsibility of that User. Kalerion accepts no liability for such content and reserves the right at its sole discretion to change the format of, limit the size of or otherwise edit any Profile.
8. By using any of the Services, the User expressly permits Kalerion to permit other Users of the Services or the Website to access his or her Profile and to use or publish any Profile or any part thereof in any media (including without limitation newsletters, third-party websites, e-mail, SMS, audiovisual, broadcast or printed media), in order to publicise the Services or the Website or to seek to generate additional contacts for the User.
Usage Restrictions
9. The User undertakes to use the Services at all times in accordance with these conditions and applicable law. In particular but without limitation, the User must not in relation to or within the Services:
a. register or give information that is untrue, inaccurate, incomplete or out of date. The User should when necessary use the update facilities provided on the Website in order to make any necessary change to the User's data.
b. access the Services using the name or password of another User, or impersonate any other person.
c. use the Services other than for personal, private use.
d. defame, abuse, molest, harass, threaten or in any other way infringe any right of any other User or other person.
e. use the Services to communicate any information or content which infringes the rights of others, e.g., because it is defamatory, aggressive, obscene, pornographic, offensive, violent or likely to incite violence, racist or xenophobic, or illegal in any way; or because it is in breach of intellectual or industrial property rights, including any patents, trade marks, trade names, image rights, publicity rights or privacy rights.
f. indicate personal contact information to any other User (e-mail address, postal address, telephone numbers, webpage, URL etc.) that permits a User to be contacted without using the Services.
g. prevent or restrict the use of the Services by any other User.
h. send or upload information, code or content that may restrict, interrupt, slow down or prevent the normal use of the Services by any User, and/or that may harm or damage the equipment or property of Kalerion or any User, including without limitation malicious applications, viruses, bombs, spamming etc. Kalerion reserves the right to delete messages sent by any User, for the purpose of maintaining the quality of the Services.
i. send any advert or commercial communication, whether solicited or otherwise, by any means (including without limitation by electronic mail, SMS or any other means of communication) to any User or any other party.
10. A User of the Mobile Service must ensure at all times that his or her mobile device (whether an Active Device or a Passive Device) has the most recent version of the manufacturer’s operating system installed.
Fees and Payment
11. In order to use certain parts of the Services, the User must pay the appropriate charge either from credit in the User’s account (“Credit”) or through his or her telephone bill, as set out on the Website. These chargeable parts of the Services may include sending or receiving SMS text messages, using the Mobile Service, receiving or responding to proximity alerts, localisation services, or any others that Kalerion may provide from time to time (“Pay Services”). The User can add Credit to the User’s account using a credit card or any other form of payment that Kalerion may accept. The procedure for buying Credit will be as set out on the Website from time to time. Kalerion will charge the User for Pay Services in accordance with Kalerion’s tariffs in effect at the time, which can be consulted on the Website. Each time that the User uses a Pay Service, the amount corresponding to the Pay Service used will be deducted from the User’s Credit or charged to the User’s telephone bill as appropriate.
12. The User’s Credit will be valid for six months from the date it was added. After that time, the User must add more Credit, in accordance with the procedure set out on the Website, in order to continue to use Pay Services. No refunds of Credit will be made in any circumstances.
13. The User acknowledges that the fees for the Services are in addition to any fees (e.g., data service or connection fees) that may be charged by the User’s mobile network or internet service provider in respect of the some of the functions that are not provided by Kalerion but are necessary in order to use the Services.
Suspension and Termination
14. Kalerion reserves the right to modify, suspend, restrict or interrupt, temporarily or permanently, any User’s access to or use of the Services or any part thereof, including the cancellation of any User’s account or username and/or removal of the User’s Profile, with or without prior notice, in particular but without limitation in the following situations:
a. the User is in breach of these conditions.
b. the User does not respect other Users, in particular but without limitation as set out in clause 9 of these Conditions.
c. the User misuses the Jivebug Software, any part of the Services, or any other property of Kalerion.
d. the User is or appears to be under the age of 18.
e. in the case of security failures or if any unauthorised access or use is detected.
f. six months or more have passed since the User has logged onto or used any Kalerion Service.
The User may voluntarily cancel the Services by following the procedure set out on the Website for this purpose. Such cancellation will become effective upon return notification by Kalerion.
15. Cancellation of any Services or exclusion of the User from any Services will not give the affected User any right to any compensation or refund from Kalerion. Upon cancellation or expulsion from any Service, the User must immediately cease using the Jivebug Software, the relevant Service and all parts thereof.
Privacy Policy and protection of personal data
16. Kalerion informs the User that all data including the Profile provided by the User when registering for or using any of the Services will be included in a database controlled by Kalerion Computing S.L. Save where expressly indicated, all data requests are mandatory. If not all such data is provided, Kalerion may decide not to allow the User access to the Services or any part thereof. Kalerion guarantees that it will apply the legally required security measures in order to keep User data strictly confidential and will only use the data for the purposes set out in these Conditions.
17. The data collected by Kalerion will be processed for the purpose of providing the Services and charging for the Pay Services. The User hereby consents to the processing of his or her data for these purposes, and for the communication to the User via SMS or email of events, parties, activities or other commercial or other information that Kalerion considers appropriate. The User agrees that the Services consist primarily of the creation of contacts between Users, and that the User’s Profile and other general characteristics including the User’s match preferences may be communicated to other Users in accordance with these Conditions. Identification data, such as the User's real name, email or telephone number will never be disclosed by Kalerion to another User, unless specifically authorised by the User whose data is to be disclosed.
18. The User may not use data relating to other Users for any purpose other than using the Services. Kalerion also informs the User that the location of the User’s mobile device may be indicated anonymously on a map which may be published on the Website for the purpose of permitting users to know whether other users are close to their geographical location, as well as for enabling contacts, organising activities or events or facilitating meetings between users. This Service can be activated and deactivated by the User using the Software or in accordance with the procedures set out on the Website.
19. In accordance with the provisions of applicable laws on personal data protection, the User can exercise the rights of access, rectification, cancellation and opposition in relation to the User’s data by making the relevant request by email to privacy@kalerion.com or in writing to Kalerion Computing SL.
20. Kalerion informs the User that cookies are used within the Services, but only to store User language preferences in relation to access to the Website.
21. In accordance with the provisions set out above, the User hereby authorises Kalerion to process and expressly consents to the processing of the User’s personal data for the purposes indicated, and the facilities and functions included within the Services.
Intellectual and industrial property. Software licence
22. All the content and features of each part of the Website and Services, including but not limited to text, images, graphics, sounds, trade or service marks (whether registered, unregistered or in the process of registration, including the names “Kalerion” and “Jivebug”), logos, colour combinations, or any other element, its structure, layout, selection, presentation and design, are owned by Kalerion or its licensors. Their copying, adaptation, distribution or communication to the public, as well as any other act affecting them is strictly prohibited, save with the prior written consent of Kalerion. The User has only a right of strictly private use in relation thereto for the exclusive purpose of using the Services in accordance with these Conditions.
23. Kalerion will make the Jivebug Software available to Users with Active Devices in accordance with these Conditions. The Jivebug Software is designed to be used exclusively in relation to the Mobile Service in a single mobile device which fulfils all the requisites necessary for the Mobile Service and whose model number and MSISDN (telephone number) is currently registered with Kalerion in the Profile of the User to whom the Jivebug Software has been made available.
24. Conditional upon the User’s acceptance and continued respect of these Conditions, Kalerion hereby grants the User a royalty-free, non-exclusive, non-transferable license to install and use the Jivebug Software in the Active Device communicated to Kalerion in relation with the User’s account. Save for the right of use of the Jivebug Software set out above, any other rights in relation to the Jivebug Software are the exclusive property of and reserved to Kalerion or its licensors. The User may not decompile, reverse engineer, disassemble or decode the Jivebug Software or try to obtain the source code thereof in any way, nor modify, adapt, translate or create derivative works based on the Jivebug Software. The User may not sell, rent, lease, distribute, transfer, sublicense or dispose of the Jivebug Software or any of its other rights in any other way save with the prior written consent of Kalerion.
25. The Jivebug Software is provided “as is” without any type of guarantee, express or implied, including without limitation any guarantee of merchantability or suitability for any particular purpose. In case of malfunction, the User’s exclusive remedy shall be to reinstall the Jivebug Software or to cancel the Mobile Service.
Liability
26. Access to and/or use of any of the Services as well as the downloading, installation and/or use of the Jivebug Software are the sole responsibility of the User. Kalerion accepts no liability for any use that the User may make of any of the Services or the Jivebug Software. The User will indemnify and hold Kalerion harmless in respect of any matter arising out of a breach of these Conditions by the User.
27. To the maximum extent permitted by law, Kalerion accepts no liability for any loss or damage (including without limitation any type of direct, indirect or consequential loss, loss of business, data -including User data contained in a Profile-, contracts or profits, loss or damage in relation to computer programs or equipment) arising out of the access to or use of or the inability to access or use the Jivebug Software, the Services or any part thereof, howsoever caused including without limitation by any absence of Users in the Services with the characteristics sought by the User, the inaccuracy of any information contained in the Services or given by any User, contact with other Users, problems of connection to the Services, the compatibility of a User’s mobile device with the Jivebug Software or Services, or communication of the User’s data to other Users. Kalerion is not liable for any possible damage to the image, standing or reputation of the User arising out of the content, publication or use of any Profile, damage to feelings, emotions or physical injury arising out of any contact with another person, or for any failure by the User to make a back up copy of any data contained on their mobile device or computer.
28. Kalerion accepts no liability for false or misleading declarations made by any person, and for consequences of meetings between any persons arising out of the use of any Service or the Website. It is imperative that Users verify personal information of all other persons to their own satisfaction before arranging any meeting or giving out personal contact details. Contact with any person that you do not know should always be treated with caution.
29. In addition, Kalerion accepts no liability for any other services or third-party content that the User may be able to access through the Services, and in particular for any loss or damage caused by any act or omission of the User's mobile telephony operator or internet service provider or the provider of the relevant mobile device or computer.
30. Kalerion does not give any guarantee in relation to the User obtaining any particular results from the Services and in particular does not guarantee that the use of the Services will result in the type, quantity or quality of contacts with other Users that the User may expect. Kalerion does not guarantee that the Services or Jivebug Software will be free from errors, that access or use of them will be uninterrupted or that they will not be infected by any virus or other destructive elements, and Kalerion accepts no liability in this regard.
31. Nothing in these Conditions excludes or restricts the liability of Kalerion for personal injury or death caused by its negligence, for loss or damage caused deliberately or fraudulently by Kalerion.
Miscellaneous
32. These Conditions are available on request in Spanish and English. The specific set of Conditions relating to each User’s contract for the Services will not be stored individually.
33. Kalerion reserves the right to update or revise these Conditions without prior notice to the User, for legal reasons or due to changes in the Services. The most recent version of these Conditions will always be available on the Website. If these Conditions are changed, the User may cancel the Services at any time if not in agreement with the new Conditions. Continued use of the Services on the part of the User after the entry into effect of new Conditions will signify the User’s acceptance of the same.
34. If any part or clause of these Conditions is declared void or unenforceable, the remaining provisions will remain valid and enforceable.
35. These Conditions shall be governed by and interpreted in accordance with the legislation of the place from which the User habitually accesses the Services, and Kalerion hereby submits to the jurisdiction of the courts of that place.
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