Terms of Service

Preamble

“We” refers to kemygroup LLC, the company that provides Kemycard.

“The Service” refers to kemycard, a software as a service (SaaS) accessible via the Internet.

The Service is offered via the Internet as “Software‑as‑a‑Service” by kemygroup LLC, a company registered in the United States of America in the State of Delaware. Use of the Service is subject to the following terms and conditions. Use of the Service implies acceptance of these terms and conditions. Any deviation from these terms and conditions must be confirmed in writing by us.

1.2. Processing of Personal Data:

By using kemycard, you consent to the processing of your personal data in accordance with our privacy policy, which details how we manage this information.

1. Access and Use of the Service

1.1. Registration and Login:

Access to the Service requires prior registration. You must create a kemycard account to use kemycard. After registration, you can immediately access your account and use the Service.

1.2. Processing of Personal Data:

By using kemycard, you consent to the processing of your personal data in accordance with our privacy policy, which details how we manage this information.

2. User Obligations and Responsibilities

2.1. Compliance with Laws:

You agree to use the Service only for lawful activities, in accordance with U.S. and other applicable laws. You may not store or transmit any defamatory, libelous, or racist material through the Service.

2.2. Monitoring and Intervention:

If we become aware of or receive a complaint about any use of the Service that violates these terms, we reserve the right to intervene to remedy the situation.

2.3. Abuse Prevention:

In the event of a risk of damage or compromise of computer systems or the network, we may take all necessary measures to avoid or limit such damage.

2.4. Disclosure in the event of infringement:

We are entitled to file a criminal complaint for any infringement committed via the Service. We may also disclose your personal information to a third party who alleges a violation of their rights or these terms, under certain strict conditions.

2.5. Indemnification:

You are required to compensate us for any damages suffered due to your violation of these terms. You also waive any claim against us in connection with such violations.

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3. Availability, Maintenance and Evolution of the Service

3.1. Availability:

While we strive to maintain continuous availability, we do not guarantee uninterrupted access to the Service.

4. Intellectual Property Rights

4.1. Rights to the Service:

kemycard, the associated software, and all information and images on the Website are protected by intellectual property rights belonging to kemygroup LLC. These elements may not be copied or used without our express permission, except as permitted by law.

4.2. Ownership of User Data:

The information you store or process through the Service remains your property. We are granted a limited license to use this information in connection with the Service, including for future developments. You may revoke this license by deleting the information concerned or by terminating the agreement.

4.3. User Contribution:

If you send information to Kemygroup LLC, such as bug reports or suggestions for improvement, you grant a perpetual and unlimited license to use this information for the Service. This does not apply to information that you designate as confidential.

4.4. Restricted Access to Data:

We undertake not to access the data that you store or transfer via the Service, except as necessary for the proper provision of the Service or as required by law or a competent authority. In such cases, access to the information will be limited as much as possible.

5. Pricing and Payment of the Service

5.1. Service Fees:

Access to certain features of Kemycard may be subject to fees. Details of applicable fees are provided within the Service. These fees are due monthly and must be paid in advance.

5.2. Payment Terms:

Payments must be made in accordance with the methods indicated on our website.

5.3. Non-refund:

Since the Service is activated immediately upon your request, no payment can be refunded in accordance with the distance selling legislation.

6. Limitation of Liability

6.1. Liability Cap:

Except in the event of wilful misconduct or gross negligence on Our part, Our liability is limited to the amount paid by You in the three months preceding the occurrence of the damage.

6.2. Disclaimer for Consequential Damages:

We are not liable for any consequential damages, including but not limited to loss of profits, lost savings or damages due to business interruption.

6.3. Claims Deadline:

Damages must be reported in writing within two months of discovery.

6.4. Force Majeure:

In the event of force majeure, we are not liable to compensate for any damages suffered. Force majeure includes, but is not limited to, disruptions or unavailability of the Internet, telecommunications infrastructure, power outages, riots, strikes, business disruptions, supply interruptions, fires, and floods.

7. Duration and Termination of the Contract

7.1. Entry into force and Duration:

This contract takes effect from your first use of the Service and remains in force for a period of one month, automatically renewable for successive periods of the same duration.

7.2. Termination by the User:

If you have entered into this agreement as a consumer, you may terminate the contract at any time with one month's notice after the first automatic renewal. For non-consumers, termination is possible at the end of the current period with one month's notice.

7.3. Termination due to non-use:

We are entitled to terminate the contract if you have not used the Service for 18 consecutive months. In this case, a reminder will be sent to the e-mail address associated with your account before any termination action.

7.4. Data Export:

It is important to note that exporting data stored or processed via the Service is not possible.

8. Changes to Terms and Right to Terminate

8.1. Right to Modify:

We reserve the right to modify or add to these terms and conditions, as well as to any fees, at any time.

8.2. Notification of Changes:

Changes or additions will be announced via the Service at least thirty days before they take effect.

8.3. Right to Terminate in the Event of Change:

If you do not wish to accept a change or addition, you may terminate the contract up until the date the changes come into effect. Use of Kemycard after that date constitutes your acceptance of the modified or supplemented terms and conditions.

9. Miscellaneous Provisions

9.1. Applicable Law:

This Agreement is governed by United States law.

9.2. Jurisdiction:

Unless otherwise required by applicable law, any dispute relating to the use of Kemycard shall be brought before the competent courts of the United States of America, kemygroup's principal place of business.

9.3. Validity of Electronic Communications:

For any clause in these terms and conditions requiring a statement "in writing" to be valid, a statement by e-mail or communication via the kemygroup service is sufficient, provided that the authenticity of the sender can be established with certainty and that the integrity of the statement has not been compromised.

9.4. Authenticity of Recordings:

The version of any communication or information recorded by Kemygroup is considered authentic, unless you provide proof to the contrary.

9.5. Partial Invalidity:

If any part of these terms and conditions is declared legally invalid, this will not affect the validity of the entire agreement. In such a case, the parties undertake to agree on one or more replacement provisions that come closest to the original intention of the invalid provision(s), within the limits of the law.

9.6. Transfer of Rights and Obligations:

kemygroup reserves the right to transfer its rights and obligations under this agreement to a third party in the context of an acquisition of kemygroup or associated business activities.