LinKapture Terms of Service

Last Updated on 06/18/2024

1. Preamble

Remotal SAS, with its registered office at 154 bd Haussmann, 75008 Paris, is a software publishing company. It develops and publishes LinKapture, whose features include:

Our general terms and conditions are governed by the terms of a contract of adhesion as set out in article 1110 paragraph 2 of the French Civil Code. These terms and conditions are governed exclusively by French law.

2. Object

The Terms of Service (TOS) define the rules that must be respected to use LinKapture and the obligations between users and Remotal SAS. By accepting the TOS and using LinKapture's services, you are entering into a contract with Remotal SAS. You can download and save our terms and conditions for your records.

3. Technical Requirements

You acknowledge that you are aware of all the technical requirements necessary for LinKapture to function properly and that these requirements may change. If a change occurs during the term of the contract, you will be informed in advance.

4. Registration

To use LinKapture, you must be a natural person of at least 18 years of age, with full legal capacity, acting within the framework of your professional activity, or be the legal representative of a legal entity with the capacity to validly bind it. LinKapture is reserved for professionals. By registering, you declare that you understand and accept that the use of LinKapture's services excludes the rules of consumer law.

5. Access Protection

Your LinKapture account is accessible to anyone holding your login email and password. You are solely responsible for their confidentiality. We shall not be liable for any consequences arising from the loss or theft of your login details and passwords where such loss or theft is not due to any fault on the part of Remotal SAS.

6. Suspension of Services

The use of LinKapture may be occasionally suspended for maintenance. You will be informed in advance of planned maintenance. In case of extreme urgency, Remotal SAS is exempted from prior information duties.

7. Maintenance and Support

Remotal SAS ensures corrective and evolutionary maintenance of LinKapture. You benefit from updates and functional evolutions at no extra cost. Updates cannot be refused, and you may need to make new configurations or software adaptations to enable interfacing with LinKapture following an update.

8. Licence

The license represents the right to use LinKapture. The license is granted for the duration of the subscription and grants a personal, non-exclusive, non-assignable, and non-transferable right to use LinKapture. Any other use of LinKapture, such as adaptation, modification, translation, distribution, or decompilation, is forbidden except as provided by law.

9. Limitation of Liability

Access to LinKapture requires an Internet connection. Remotal SAS does not guarantee the continuity of LinKapture and is not liable for any interruptions or slowdowns due to the Internet network. By accepting the TOS, you waive the right to hold Remotal SAS liable for any indirect or unforeseeable loss or damage.

10. Warranty of Eviction

Remotal SAS warrants that it is the owner of all intellectual property rights that enable it to grant a User Licence and that LinKapture does not infringe the rights of third parties.

11. Subscription Payment Terms

The use of LinKapture is invoiced as indicated on the website. In case of non-payment, access to LinKapture will be suspended until payment is settled.

12. Economic Dependence

If LinKapture becomes essential to the proper functioning of your business, creating a situation of economic dependence, you must inform us. Failure to comply with this obligation waives your right to hold us liable in the event of account deletion or sudden termination.

13. Compliance with Legal Rules

By subscribing to LinKapture, you agree not to use it in any way contrary to the rules of law, public order, and morality. It is your responsibility to ensure that your operations comply with all legal and regulatory provisions relating to the practice of "scraping" (or "content extraction").

14. Personal Data

Remotal SAS does not process personal data on your behalf. You determine the purposes and means of processing personal data and remain solely responsible for the processing carried out. The customer fully indemnifies and guarantees Remotal SAS against all consequences arising from the processing of personal data.

15. Changes to Terms and Conditions

We may change our TOS. If this happens, you will be informed and asked to accept the changes before accessing your account. If you refuse to accept the new terms, your account will be terminated.

16. Termination of Contract

You may end your subscription at any time, subject to payment of the sums remaining due. Remotal SAS may also terminate this contract by giving 30 calendar days' notice.

17. Intellectual Property Rights

Remotal SAS benefits from all intellectual property rights over its web site and services. Violation of these rights is punishable under the French Intellectual Property Code.

18. Force Majeure

Any breach caused by a case of force majeure, as defined in article 1218 of the French Civil Code, will exonerate the parties from their liability.

19. Dispute Management

If a dispute arises during the course of the contract, the parties agree to try to find an amicable solution before taking the matter to court. If no agreement is reached within 60 days, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France).

20. Miscellaneous

The nullity or unenforceability of one or any of the stipulations of the TOS shall not entail the nullity or unenforceability of the other stipulations.