Collaborative whiteboard : Terms and Conditions

Collaborative Whiteboard: Terms and Conditions

These Terms govern the use of this Application and any other related agreement or legal relationship with the Owner in a legally binding manner. Capitalized terms are defined in the relevant dedicated sections of this document.

Users must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where this Application has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Owner Information:
This Application is provided by:

Kalyzée
17 La Canebière
13001 Marseille
France

Owner contact email: ludovic.bouguerra@kalyzee.com

Information about this Application
Collaborative Whiteboard is designed to facilitate real-time, collaborative brainstorming and project management by providing users with a shared virtual whiteboard. The premium service allows users to access additional features, such as advanced collaboration tools, integration with other platforms, and custom templates.

Key Points for Users
Please note that some provisions in these Terms may only apply to certain categories of Users, such as Consumers or those who do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of such a mention, clauses apply to all Users.

Terms of Use
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application. Additional conditions of use or access may apply in specific scenarios and are indicated within this document.

By using this Application, Users confirm they meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;
• Users aren’t 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;
• Users aren’t listed on any U.S. government list of prohibited or restricted parties.

Content on this Application
Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to report related complaints using the contact details provided in this document.

Rights Regarding Content on this Application – All Rights Reserved
The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Application, the User may download, copy, and/or share some content available through this Application for personal and non-commercial use, provided that the copyright attributions and all other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall remain unaffected.

Access to External Resources
Through this Application, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.

Acceptable Use
This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, including by denying Users access to this Application or the Service, terminating contracts, or reporting any misconduct performed through this Application or the Service to the competent authorities — such as judicial or administrative authorities — whenever Users engage or are suspected of engaging in any of the following activities:

• Violate laws, regulations, and/or these Terms;
• Infringe any third-party rights;
• Considerably impair the Owner’s legitimate interests;
• Offend the Owner or any third party.

Contract Duration – Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Subscriptions Handled via Apple ID
Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by using the relevant process on this Application. When doing so, Users acknowledge and accept that:

• Any payment due shall be charged to their Apple ID account;
• Subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires;
• Any and all fees or payments due for renewal will be charged within 24 hours before the end of the current period;
• Subscriptions can be managed or canceled in the Users’ Apple App Store account settings.

The above shall prevail upon any conflicting or diverging provision of these Terms.

Termination
Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.

Liability and Indemnification
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited, and/or reduced to the maximum extent permitted by applicable law.

Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation to any culpable violation of these Terms, third-party rights, or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners, and employees to the extent allowed by applicable law.

The above also applies to any claims exercised by third parties (including but not limited to the Owner’s clients or customers) against the Owner related to Digital Products provided by the User, such as, for instance, conformity claims.

Limitation of Liability
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health, or physical integrity; damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract; and/or damages resulting from intent or gross negligence, as long as this Application has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health, or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.