Terra-Orb · Legal information
Terra-Orb is a software solution for collecting, aggregating, structuring, analyzing, visualizing, and reporting data from open sources, depending on the subscribed offer: free access to monitoring, on-demand paid in-depth analyses via credits, and pay-per-use API access.
Features, modules, usage limits, storage capacity, additional services, retention periods, support, and settings depend exclusively on the subscribed offer and KINOVTECH's choices.
Access to the platform requires an internet connection, compatible equipment, and compliance with the technical requirements communicated by KINOVTECH.
The user is solely responsible for their equipment, networks, cybersecurity, backups, and the confidentiality of their credentials. Any connection made using the user's credentials is deemed to have been made under their sole responsibility.
The user agrees to use the platform in accordance with the laws, regulations, third-party rights, and rules applicable to their activity. They are solely responsible for the lawfulness of their queries, searches, cross-referencing, analyses, decisions, exports, and uses.
In particular, any unlawful, intrusive, fraudulent use, use contrary to public order, infringing on a third party, circumventing technical measures, aimed at breaching a system, conducting unlawful surveillance, unlawfully discriminating, or unlawfully exploiting information is prohibited.
KINOVTECH grants the user, for the duration of the contract and within the limits of the subscribed offer, a personal, limited, revocable, non-exclusive, non-assignable, and non-transferable right to access and use Terra-Orb.
No transfer of intellectual property is made to the user. Any implicit license is excluded.
The user shall not resell the service, make it available to unauthorized third parties, decompile, disassemble, reverse-engineer, circumvent technical limitations, conduct unauthorized tests or audits, reproduce the methods, or use the platform or its results to train an artificial intelligence model.
The user retains their rights over the data they import or enter into the platform, subject to the rights strictly necessary for KINOVTECH to perform the contract, ensure security, host, log, maintain, improve, and defend its rights.
The user remains solely responsible for determining the purposes, legal basis, information obligations, retention periods, and overall compliance of their processing.
Terra-Orb's paid services (in-depth analyses, API usage) are billed in credits. Credits are purchased via top-ups through the Stripe payment provider. Prices are displayed inclusive of all taxes on the Pricing page before any purchase.
The contract is validly formed as soon as payment is received. KINOVTECH remains free to refuse any order, without having to justify its decision.
Purchased credits are attached to the user's account, are neither transferable nor refundable, unless otherwise required by law. An analysis that fails due to a technical issue attributable to the platform is automatically fully re-credited.
Purchased credits and access credits are valid for one (1) year from the order date. After this period, unused credits expire without refund or compensation.
The cost of each analysis is displayed in credits before it is launched. The API is billed on a pay-per-use basis, pro-rated to requests, according to the schedule published on the Pricing page; no charge is made on days without any calls.
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to digital content provided immediately with the user's express consent.
Any late or failed payment automatically results in the suspension of paid access, without prejudice to the amounts owed becoming due.
Support and maintenance are provided according to the subscribed offer. KINOVTECH alone decides on the methods of correction, maintenance, prioritization, scheduling, and evolution of the service.
KINOVTECH has an obligation of means. It does not guarantee continuous availability, absence of errors, completeness, absolute accuracy, the permanence of third-party sources, or the stability of external feeds used by the service.
The user acknowledges that Terra-Orb is an analysis-support tool and not an autonomous decision-making system that can be held against KINOVTECH.
Subject to any mandatory warranties that may apply, any other express or implied warranty is excluded, in particular any warranty of results, fitness for a particular purpose, or non-infringement of third-party rights arising from uses decided by the user.
KINOVTECH's total liability, for any cause whatsoever, is strictly limited to the amount actually collected by KINOVTECH over the twelve months preceding the triggering event, or the amount collected for the current period if lower.
KINOVTECH shall in no event be liable for indirect damages, loss of business, loss of revenue, loss of opportunity, loss of data, reputational harm, decisions made by the user, or third-party claims related to the use of the platform.
KINOVTECH may suspend or terminate the contract, in whole or in part, immediately, without notice or compensation, in the event of non-payment, breach of contract, unlawful use, security risk, harm to the platform, or a request from a competent authority.
Each party agrees to keep the other party's information confidential. KINOVTECH may share information strictly necessary with its subcontractors, hosts, advisors, and technical providers, subject to an appropriate confidentiality obligation.
The logs, records, timestamps, emails, histories, statistics, and technical traces kept by KINOVTECH shall be considered valid evidence between the parties until proven otherwise.
These terms are governed by French law. Subject to applicable mandatory rules, any dispute shall fall under the exclusive jurisdiction of the courts of Lyon, France.