Kameleoon, sociedad por acciones simplificadas con un capital de 271 591€
RCS Paris: 507 754 570
SIRET: 507 754 570 00038
N° de TVA intracomunitario: FR69507754570
Código APE: N° 722C
Organización de Capacitación: 119107 157 91
12 Calle de la Chaussée d'Antin
+33 (0) 1 83 62 20 50
Responsable de la publicación: Jean-René BOIDRON
2 calle Kellermann
59100 Roubaix, Francia
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Tel.: +49 (0) 228 9024807-0
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General Conditions of Sales and Use
The company Kameleoon (hereinafter "Kameleoon") designs and creates a range of software solutions for companies wishing to industrialize their A/B tests and web personalization for their website (hereinafter the "Software").
It offers its customers services (hereinafter "Services"), such as:
- The availability of its Software as a Service (SaaS). Software as a Service is a technology consisting of providing services or software through the Web "purchased" via a subscription system.
- Training in the use of the Software
- The creation of A/B tests and web personalizations using the Software.
Kameloon allows the Client to access the software and to use it for commercial purposes. For this purpose the Client will have access, via the www.kameleoon.com website, to the different elements that are necessary for the proper execution of the service, including access to the Software and well as technical support. These General Conditions of Sales and Use aim, throughout their period of validity, to define the contractual framework governing all Kameleoon Services used by the customer.
The present Conditions come into effect from the beginning of use of the Software by the Client till its end.
4. Use of Kameleoon
Kameleoon agrees to guarantee continuity of Service, by the provision of three services it ensures the proper functioning:
- An online back-office accessible from http://back-office.kameleoon.com.
- The generation of variations from the original pages through the use of the Software in edit mode on the target website.
- The visualization by targeted visitors of variations implemented and their monitoring in the analysis module offered by Kameleoon and/or in the analysis system used by the Client.
5. Intellectual Property
Kameleoon declares to be the holder of all intellectual property rights for the Software, as well as the associated documentation and has all rights necessary for their distribution to the Client and the guarantees the Client in this respect.
The right of use of the Software licensed to the Client involves no transfer of intellectual property to the benefit of the latter. Consequently, the Client shall not act or do anything that may directly or indirectly affect the copyrights owned by Kameleoon regarding the Software or any other intellectual property prerogatives that might be associated with the software, such as those relating to industrial property.
b. Studies and Documents
Kameleoon keeps full ownership of studies and documents produced by Kameleoon during the fulfillment of the contract.
The parties expressly agree that Kameleoon has an obligation of means for the proper execution of all services referred to in the General Conditions.
It is agreed that the Client is responsible for the verification of operations and proper functioning of its own website. Kameleoon is committed to deliver to the Client a tool that can be used on the Client’s website.
Kameleoon draws the Client's attention to the fact that A/B testing is a complex and technical subject, that the solution provided by Kameleoon is powerful and that the Client is therefore able to create variations that can deeply change the ergonomics of its Site. Kameleoon therefore strongly encourages the customer to regularly check the correct operation of the website (including through the simulation tool available) and set up a quality assurance policy (QA).
Kameleoon can’t be held liable if:
- The Client has not fulfilled his obligations, as provided herein and in the specific conditions.
- In case of error or negligence on the part of the Client of one of its employees, or a third-party appointed by the Client.
The responsibility of each party may not be held liable for the consequences of direct damage, to the exclusion of indirect damages.
The Customer also has to ensure (i) not to make unlawful use of the Software, documentation and studies derived therefrom and (ii) to take all necessary steps to ensure compliance with laws and regulations for the use of the Software, including with regard to personal data that the Customer is able to handle and possible information from third-parties.
The Customer declares to be the only responsible for this usage and will be the only determinant of the latter.
Kameleoon cannot be held responsible for the use of the Software by the Client. Therefore, the Client guarantees Kameleoon against any action or claim from a third-party, regardless of its basis and relative to the use of the Software.
7. Personal Data
Each party should comply to governing regulations as far as the protection of personal data is concerned, particularly with law No. 78-17 of January 6, 1978, amended by the Law of August 7, 2004, regarding computer science, files and liberties (hereinafter Data Protection Act), and more particularly for cross-border flows outside of the European Union.
8. Force Majeure
The force majeure suspends the obligations of the parties. Explicitly, are considered as force majeure those usually retained by the jurisprudence.
Kameleoon claims to have purchased from a reputable insurance company, a professional insurance for all bodily, material and immaterial damages caused to the Client or a third-party in connection with the execution hereof.
Kameleoon is expressly authorized to mention the Client and the work accomplished under this contract as a commercial reference in its communications with third-parties. Kameleoon agrees to terminate such use upon written request by the Client.
The present General Conditions of Sales and Use express all obligations of the parties. No other technical, advertising or commercial document and no prior communication prior to the signature of the Agreement may give rise to an obligation for one of the parties.
Relations between the parties are subject to French law. In case of dispute between the parties relating to the formulation, interpretation and/or enforcement of the contractual documentation between the parties, the jurisdiction is assigned to the Commercial Court of Paris, despite multiple defendants or warranty, even for emergency procedures or protective procedures in summary proceedings or petition.
Done in Paris on October 29th, 2019