The following terms used with a capital letter in the TUS shall have the following meaning:

“Additional Service” means any provision or service additional to Kabeen IT Architecture Service that is invoiced as a separate item. 

“Administrator User” means a person identified by the Proprietary User whose role includes but is not limited to (i) assigning Credentials to Member Users and assisting them with their choice of password and (ii) configuring the user area on the Platform. The Administrator is under the full and entire responsibility of the Subscriber.

“Cessation of Trading” means the permanent end of a Party’s business, on a voluntary basis or as a consequence of the institution of any proceeding under any bankruptcy or insolvency law, and indicates that all their professional activities have ceased. Intra-group mergers and internal restructuring operations are not viewed as a Cessation of Trading. A Cessation of Trading is characterised by removal from the Trade and Companies Register or any other register where the Party concerned, the winding up or liquidation of the business is recorded, backed by supporting documents.

“Confidential Information” means (i) any financial, legal, commercial, technical, IT or administrative information, (ii) any documents or information concerning the Services and access thereto, (iii) any information that could have the effect of promoting the interests of a competing company and (iv) any other information that the Parties may need to communicate to each other, either directly or indirectly, in any form and on any medium whatsoever and which, because of the nature thereof or the circumstances of its disclosure, must be deemed confidential. The Confidential Information does not include information that (i) is in the public domain before its communication or disclosure; and/or (ii) is already known by the receiving Party prior to said communication or disclosure; and/or (iii) is obtained legally from a third party entitled to forward it; and/or (iv) which one of the Parties has authorized the other to disclose, prior to the disclosure of said information.

“Connector” means a programming interface that enables two software programs, information systems or applications to communicate with each other.

“Contract” means all of the following contractual documents (i) the Terms of Use and Subscription; (ii) the definitions, (iii) the Data Processing Agreement and if applicable, (iv) the associated Quote. These documents are provided in an electronic version (i) when taking out a Subscription and creating a User Account; (ii) at any time, when accessing the User Account if this functionality exists; and (iii) on written request from the Subscriber and/or User.

“Corporate Account” means the shared space used by the Subscriber and/or Administrator User.

“Credentials” means the personal user name associated with a User Account and any confidential code or password connected to the User and used to identify themselves and access the Services.

“Data Processing Agreement” means the agreement between the User/Subscriber and KBine covering the Personal Data Processing carried out by KBine to provide the Services at the request of the Subscriber and/or User.

“Documentation” means the KBine technical, organizational and informational documentation made available to Subscribers and Users on the Website or their account.

“Effective Date” means the date on which the Subscription is validated online and, in the case of a Quote, the date on which it is signed by the Subscriber.

“eIDAS Regulation” means the “eIDAS” Regulation (EU) No 910/2014 of 23 July 2014 on electronic identification and trust services for electronic transactions, known as “eIDAS”.

“GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. The terms “Special Categories”, “Standard Contractual Clause”, “Data Subject”, “Controller”, “Processor”, “Processing” and “Personal Data Breach” have the meaning assigned to them by the GDPR.

“Help Centre” means a digital medium comprising knowledge bases, user guides and technical documentation available here on the Website at any time.

"Individual" means a natural person who is using the Services for personal or household purposes that are not part of their commercial, industrial, craft, liberal or agricultural activity.

“Intellectual Property” means (i) all the intellectual property rights, regardless of their nature and form, likely to exist or be capable of protection worldwide, including intellectual works, rights of authorship and similar rights, copyright, drawings and models, software and source code, trademarks, commercial names and logos, domain names and other distinguishing marks, databases, inventions, patents and know-how, regardless of whether they are or could be registered, updates, improvements and modifications, configurations, extensions and works derived in whole or in part from said elements, and (ii) personality rights, the right to privacy and image rights.

“KBine” means KBine, a French société par actions simplifiées, registered with the Nanterre Trade and Companies Register under number 904 867 223, whose registered office is at 199 rue de la Colline, 92210 Saint-Cloud.

“Kabeen API” means the application programming interface provided and created by KBine and integrated into the Subscriber’s IT system.

“Kabeen Application” means the online application published by KBine and accessible on the Website in “SaaS” (Software as a Service) mode, the functional and technical documentation for which can be consulted here. 

“Member User” means a person identified by the Proprietary User or Administrator User. The Member User can, among other things, (i) document application in portfolio and (ii) access Application analytics on the Platform. 

“Paid Plan” means plans available for companies, as described and made accessible from the Website. 

“Parties” means jointly (i) for the conditions associated with the Subscription, KBine and the Subscriber; and (ii) for the conditions associated with the use of the Services, KBine and the User.

“Personal Data” means any information concerning an identified or identifiable natural person as defined by the General Data Protection Regulation (GDPR). 

“Personal Data protection laws and regulations” means all laws, regulations and other national, European and international standards applicable to the Personal Data Processing implemented in respect of the Contract, including but not limited to the GDPR and all the national laws of European Member States adopted in addition to or for the purpose of applying the provisions of the GDPR as well as, if applicable, the laws, regulations and other national, European and international standards applicable to the processing of electronic communications data and the use of tracking technologies (commonly known as “e-Privacy” rules).

“Platform” means the technical infrastructure (i) comprising all the hardware, source code and object code, software, operating system, databases and environment managed by KBine and its partners and (ii) accessible remotely in SaaS (Software As a Service) mode by eligible Users through the Kabeen API or the Kabeen Application available here, and (iii) allowing, in particular, the User to create a dedicated space and use the Services made available by KBine.

“Proprietary User” means the first User created in respect of the Subscription or the User named subsequently by the initial Proprietary User following validation by KBine. The Proprietary User is responsible for managing the Subscription, in particular by (i) assigning a role to each User and entering a unique and valid email address for each User, (ii) identifying valid payment methods, (iii) configuring the administration settings or appointing an Administrator User to manage them.

“Quote” means the commercial proposal produced by KBine for the Subscriber. The Quote may contain the following information: identification of the Services ordered, the Service Costs, the term and payment terms. Unless otherwise stated on the Quote, this will be valid for thirty (30) days from the date of issue. The Quote will be null and void unless it is approved by the Subscriber within this timeframe. In the event of any contradiction between various Quotes, the most recent document will prevail over any older versions.

“Service” means the service made available to Users for the purpose of their personal use when it is authorised in the Contract or professional activities on the Platform. The Services include the provision of the Application in SaaS mode or the Kabeen API.

“Service Costs” means the various charges payable by the Subscriber for access to the Services, such as (i) the price of fixed-cost Subscriptions and if applicable, (ii) the price of additional services ordered, such as technical support and training services; and (iii) the associated costs mentioned on the Quote.

“Subscriber” means any professional natural person acting on their own behalf (also referred to in the TUS as a “Proprietary User”) or any legal entity that has subscribed to the Services through their legal representative or a person with authority to bind the organization, by signing the Terms of Use and Subscription. 

“Subscriber Data” means the Subscriber’s data (which may include administrative data and Personal Data) (i) transferred by the Subscriber to KBine and/or (ii) collected by KBine for the purpose of managing the Subscription. 

“Subscription” means a subscription to the Services. 

“Support Service” means the KBine support service available from the Corporate Account and/or User Account. 

“TUS” means the Terms of Use and Subscription applicable to the Services.

“Update” means the successive versions of the Platform comprising technical and/or functional improvements, provided by KBine. Updates incorporate all the changes made to the Platform to bring it up to date in light of regulatory changes and changes affecting the operating environment.

“User” means either jointly or individually (i) for the Paid Plan, the Proprietary User and/or the Administrator User and/or the Member User acting in the name and on behalf of the Subscriber and (ii) for the Free Plan, the Free Plan Users. Users must be identified by an email address and a unique user name. Two or more natural persons cannot use the Services as the same User.

“User Account” means the personal account attached to a User, which allows them to access the functionalities of the Services according to the subscription taken out and the associated rights.

“User Data” means (a) the User data (which may include administrative data and Personal Data) (i) shared by the Subscriber or by a User with Kabeen on any medium whatsoever, and/or (ii) collected by KBine in the context of providing the Services, and/or (iii) mentioned by the User on their User Account; and (b) any Document of any kind whatsoever, uploaded to or disseminated on the Platform by the User.

“Visitor” means any natural person who browses the Website.

“Website” means the website https://www.kabeen.io operated by KBine.