Legal

Terms of Sale.

Last updated : October 25, 2024

GENERAL TERMS OF SALE OF THE PAID KROQI OFFER

Version of October 16, 2024

ARTICLE 1: DEFINITIONS

In these General Terms of Sale, the following terms, when capitalized, have the following definition:

Kroqi TOU: refers to the General Terms of Use of the KROQI Platform, accessible at the bottom of the following page: /.

General Terms of Sale: refers to these general terms of sale of the Paid Offer.

Purchase Order: Kroqi SAS has granted Cloud Solutions an exclusive right to commercialize the Paid Offer.

To offer the Paid Offer to any Initial User meeting at least one of the three criteria set out in the definition of the Paid Offer below, Cloud Solutions will issue a Purchase Order to which these General Terms of Sale will be attached. It notably specifies the content of the Paid Offer, its price, the duration chosen by the Initial User, and the payment terms.

Paid Offer: refers to the paid license offer for the KROQI Platform, commercialized by Cloud Solutions on behalf of KROQI SAS.

Use of the KROQI Platform is paid as soon as:

(i) an Initial User, administrator of a Workspace:

And

And

And

When one of these four conditions is met, use of the KROQI Platform is no longer free. The terms of the paid offers are accessible on this page: /prix/.

The Initial User wishing to subscribe to a license for a paid Third-Party Service must subscribe to a license for the Paid Offer. Conversely, an Initial User may subscribe to a license for the Paid Offer without subscribing to a license for a paid Third-Party Service.

KROQI Platform: has the definition set out in article 1.1 of the KROQI TOU.

Collaborative Suite: has the definition set out in article 1.2 of the KROQI TOU.

Initial User: has the definition set out in article 1.9 of the KROQI TOU.

Standard User: has the definition set out in article 1.10 of the KROQI TOU.

Project Data: has the definition set out in article 1.14 of the KROQI TOU.

Workspace: has the definition set out in article 1.19 of the KROQI TOU.

Third-Party Service: has the definition set out in article 1.4 of the KROQI TOU.

The Third-Party Publisher authorizes Cloud Solutions to:

Article 2: Contractual documents

Any order of the Paid Offer is composed exclusively of the following contractual documents, listed in decreasing order of priority:

These documents are contractual in nature and, in the event of non-conformity or differences in interpretation between their provisions, each document prevails over the next in the order listed above.

The general purchase conditions of any Initial User are excluded.

Article 3: Conditions for moving from free use of the KROQI Platform to paid use

It is incumbent upon Cloud Solutions to verify whether each Initial User meets the conditions for free use of the KROQI Platform as defined in the KROQI TOU, or those of the Paid Offer.

Article 4: Paid Offer pricing and invoicing

The Paid Offer prices will be defined by Cloud Solutions and listed in the Purchase Order.

Cloud Solutions invoices each Initial User who has signed a Purchase Order directly.

Article 5: Duration of the Paid Offer / Renewal, denunciation, termination

5.1: The commitment period for the Paid Offer will be chosen by the Initial User and listed in the Purchase Order issued by Cloud Solutions. This duration will then be renewed by tacit agreement for the same duration, unless denounced in writing by the Initial User within one month before the expiration of the current period.

5.2: Cloud Solutions manages renewals, denunciations, and terminations of Paid Offers that have been the subject of signed Purchase Orders.

5.3: When an Initial User denounces the Paid Offer within the notice period mentioned in the Purchase Order, they no longer benefit from the conditions of access to the KROQI Platform defined in the Paid Offer. The consequences of any denunciation are defined in article 16 of the KROQI TOU.

However, they can continue to use the KROQI Platform free of charge, within the limits defined in article 1.1. of the Kroqi TOU (“Free use of the KROQI Platform”).

Article 6: Liability

Cloud Solutions is responsible for the execution of Purchase Orders relating to the Paid Offer that have been accepted by the Initial User.

Article 7: Termination of the paid KROQI license

7.1 Termination of the paid KROQI license at the Initial User’s initiative

The Initial User may denounce their paid KROQI license to Cloud Solutions, in writing and within one month before the expiration date of the current subscription period.

7.2 Termination at Cloud Solutions’ initiative

7.2.1: For fault of the Initial User

The paid KROQI license may be terminated as of right by Cloud Solutions at the fault of the Initial User in the event of non-performance or improper performance of any of their obligations as set out in the KROQI TOU, in the Purchase Order signed by the Initial User, or in these General Terms of Sale.

This termination becomes effective only fifteen days after sending the Initial User an email with acknowledgment of receipt setting out the grounds of complaint and serving as formal notice, unless within that period the Initial User has fulfilled their obligations or provided proof of an impediment due to a case of force majeure.

7.2.2: For non-acceptance of a new version of the KROQI TOU or KROQI TOS or a new version of the Collaborative Suite’s General Terms of Use

In the event that the Initial User refuses to accept a new version of the general terms, they can no longer access their Workspace and the paid license is terminated as of right by Cloud Solutions.

7.3 The consequences of any termination are defined in article 16 of the KROQI TOU.

Article 8: Definitive shutdown of the KROQI Platform’s operation

As soon as Cloud Solutions is informed of the definitive shutdown of the KROQI Platform’s operation, it informs the Initial Users benefiting from the Paid Offer.

The consequences of the definitive shutdown of the KROQI Platform’s operation are defined in article 16 of the KROQI TOU.

Article 9: Requests/complaints

Initial Users’ requests/complaints relating to the Paid Offer will be received and processed by KROQI SAS as quickly as possible.

They will be addressed to the following contact: sales@kroqi.fr