These terms and conditions (hereinafter „T&C“) govern your rights and obligations when using Kodo Launchpad and Kodo Sync. We object to any use contrary to these terms and conditions. Your contractual partner is Kodo Tech S.A.S. (hereinafter „Kodo“ or „we“). You can find more detailed information in our Imprint.
1.1 With Kodo Launchpad, you have software to build and administer your web applications. The use of Kodo Launchpad is subject to prior approval by Kodo Tech S.A.S..
1.2 When registering and onboarding, you are required to provide accurate and complete information, including the company to be registered, your identity, address, telephone number and email address. In addition, for the registration to be valid, you must be entitled to represent the company, regardless of its legal form.
1.3 To register, please choose your email address and a password. The password can be changed at any time by you and must in any case be kept secret. Once you have registered, you will get a member account which will contain all the data relevant for the use of the platform.
1.4 Even during the term of your user agreement, you must always keep the information you have provided up to date.
2.1 To use our Kodo Sync online service, we always assume that you have successfully registered as a user with us.
2.2 Kodo Tech S.A.S. is not responsible for breakdowns or malfunctions in the Internet and telecommunications infrastructure that are beyond its control and that may result in disruptions in the availability of Kodo Launchpad. Kodo Tech S.A.S. may limit the availability of the Kodo Sync platform or certain areas or functions of the Kodo Sync platform temporarily and with due regard to the interests of registered principals (e.g. by informing them in advance), if this is necessary with regard to the capacity limits, security or integrity of our servers or to carry out maintenance operations to ensure the proper functioning or improvement of the platform. Kodo Tech S.A.S. may improve, develop and modify the platform and introduce new services. Kodo Tech S.A.S. will inform its customers of changes to the platform, unless they are minor changes that do not have a significant impact on the parties' contractual obligations.
3.1. Kodo Tech S.A.S. shall be liable, in accordance with the legal provisions, in the event of intentional or grossly negligent misconduct on the part of Kodo Tech S.A.S., its legal representatives, its executive officers or any other vicarious agents. The same shall apply in the event of the assumption of guarantees or other liability independent of fault or in the event of culpable injury to life, limb or health.
3.2. Kodo Tech S.A.S. shall be liable in the event of a negligent breach of essential contractual obligations, i.e. obligations on whose fulfilment the user regularly relies and can rely for the proper performance of the contract, but in this case liability shall be limited to the amount of the foreseeable damage typically caused.
3.3. Any further liability of Kodo Tech S.A.S. is excluded. Insofar as the liability of Kodo Tech S.A.S. is excluded or limited, this shall also apply to the personal liability of its legal representatives, senior staff and mere vicarious agents.
4.1 The contractual relationship of use between Kodo Tech S.A.S. and you is concluded for an indefinite period of time and may be terminated in the ordinary way by either party by observing a notice period. To be valid, the termination must be received by the other party in writing or in text form (e.g. e-mail or registered letter with return receipt).
4.2 At the end of the user agreement, Kodo Tech S.A.S. has the right and obligation to irrevocably delete your member account at your request.
4. 3 Kodo Tech S.A.S. reserves the right to terminate the user relationship with immediate effect and to block the user's account in the event of serious cause, in particular in the event of violation of these TOU and other contractual obligations, or in the event of disruption, abuse or damage to the reputation of this platform.
5.1. We collect your personal data for the purpose of performing the contract and fulfilling our contractual and pre-contractual obligations. The collection and processing of data is necessary for the performance of the contract and is based on Article 6(1)(b) of the GDPR.
5.2. In principle, no further transmission of data to third parties takes place - unless there is a legal request or it is necessary for the execution of the contract.
5.3 Data is deleted as soon as it is no longer required for the purpose of processing and insofar as there is no legal obligation to retain it. As long as there is a contractual user relationship between you and us, we also store the data you have stored on our platform.
5.4 It is possible to obtain information about all personal data concerning you free of charge. In addition, you have the right to forward, delete, correct, limit or block your personal data.
5.5 The corresponding questions and requests can be addressed directly to Kodo Tech S.A.S., 20 Mnt de Chané, Maison 10 - 38090 Villefontaine, FRANCE, +33 (0) 621765163, E-Mail guillaume.ganier@kodo-tech.com.
5.6 You also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority if you believe that Kodo Tech S.A.S.'s data processing processes do not comply with data protection regulations.
6.1 We reserve the right to unilaterally amend these GTC at any time - insofar as they have been introduced into the contractual relationship with you - insofar as this is necessary for serious reasons - beyond the user's control - which lead to an unforeseeable change in the contractual equivalence and therefore require an amendment in the interests of the contracting party. Changes are only possible if they do not place you at an unreasonable disadvantage or violate the principle of good faith. We shall inform you of an amendment 6 weeks in advance by e-mail, informing you of the content of the amended provisions. This e-mail shall contain the amended GTC as well as information on the right of objection, the time limit for objection and the consequences of failure to object. The amendment shall become part of the contract if you do not object to its incorporation into the contractual relationship in writing or in text form within 14 days of receipt of the amendment notice. After the expiry of this period, the GTC shall become valid for you. The GTC of the previous version shall lose their validity after the expiry of the approval period.
6.2 In the event of discrepancies and/or contradictions, the provisions of the electronic offer shall prevail over those of the General Terms and Conditions. Any deviating provisions expressly agreed in writing by the contracting parties are reserved, but are only valid if they expressly refer to the provision to be changed.
6.3 We reserve the right to transfer this contract to a company of our choice. The transfer will take effect 30 days after you have been notified. Upon such transfer, you have a special right of termination which you must assert independently within one month of the notification.
6.4 This right shall be governed by the national law of the Member State in which the application is made.
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