Terms & Conditions

Kaayu Technologies Terms of Use

Last updated: July 1, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

These Terms of Use govern your access and use, as an Applicant, of the products, features, websites, applications, services, technologies and software operated or offered by Kaayu Technologies USA, Inc. (“KAAYU”, “we” , “our”), including our website kaayu.io and the Kaayu application (collectively, the “Products”), the primary purpose of which is the hiring of candidates by companies in an online environment.

KAAYU understands as “Candidates” all users, natural persons, who are looking for a job and who use KAAYU services and products and access the platforms belonging to KAAYU.

In this regard, KAAYU aims to allow the Candidate to access job offers published by Companies registered on the platform via its local website and its Mobile Application. KAAYU also aims to recommend job offers to candidates corresponding to their professional profile and/or the professional preferences chosen by the candidate. These recommendations will be made through the specific recommendations section and via email communications or mobile notifications.

Additionally, KAAYU’s goal is to hire selected candidates through temporary employment agencies and provide them with all job-related services related to their hiring process.

Please read these Terms of Use carefully before accessing the Products. By using or accessing the Products, you acknowledge and agree that you have read, understood and agree to be bound by these Terms of Use. You also acknowledge that you have read and understood our data practices as described in the Privacy Policy applicable to the products and related content you use. or otherwise access (“Content”). If you do not wish to be bound by these Terms of Use and any applicable Additional Terms (defined below), you should not use or access the Products.

These Terms of Use affect your legal rights, responsibilities and obligations, govern your use of the Products, are legally binding, limit KAAYU’s liability to you, and require you to indemnify us and resolve certain disputes through individual arbitration .

In certain cases, registered applicants may be subject to different or additional terms and conditions, policies and guidelines (“Additional Terms”) that are applicable to certain parts of the Products, which will be notified by email when such services or products are introduced. If there is a conflict between these Terms of Use and the Additional Terms, the Additional Terms will control.
These Terms of Use and any Additional Terms are subject to change at any time. We therefore encourage you to periodically review all terms and conditions published on the Products. If we make material changes to these Terms of Use or applicable Additional Terms, we will post the updated version along with an updated date.

BY ACCESSING OR USING THE PRODUCTS IN ANY MANNER, YOU AGREE TO THE FOLLOWING TERMS OF USE AND THE PRIVACY POLICY, AS THEY MAY BE UPDATED AND CHANGED FROM TIME TO TIME. IF YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS OF USE OR THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE PRODUCTS. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT.

KAAYU may modify these Terms of Use at any time without notice, effective upon posting of the updated Terms of Use. Your continued use of the Products constitutes your acceptance of the updated Terms of Use. KAAYU has the right, but is not obligated, to strictly enforce the Terms of Use through active investigation, litigation, and prosecution.

Ownership of intellectual property; Your rights to use the products and content.
1. Ownership.The Products and all content thereof (collectively, the “Content”), including all copyrights, patents, trademarks, service marks, trade names and all other related intellectual property rights. (“Intellectual Property”), are owned or controlled by KAAYU, our licensors and/or certain other third parties. All right, title and interest in and to the content and intellectual property available through the Products is owned by KAAYU, our licensors or certain other third parties, and is protected by United States and international copyright laws, trademarks, trade dress, patents and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. KAAYU owns the copyright to the selection, la compilation, assembly, arrangement and improvement of product content.
  1. Display, view, use and read the Content on a computer, mobile or other Internet-enabled or authorized device (“Device”) and/or print one (1) copy of the Content (excluding source code and object code). in raw or other form) as it is presented to you;
  2. Subject to applicable additional terms, if the Products include a “Send to a Friend” tool, social media sharing, or similar tool that allows you to initiate and send to one or more of your contacts a communication including content, or to publish our Content on third party services or on your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do NOT do so in a manner that violates applicable law or third party rights or reflects a negative attitude toward us, and that you only send to recipients that you are authorized to contact;
  3. If the Products include a “Download” link next to an item of Content (including an image, icon, wallpaper, music track, video, trailer or stream RSS), you may only download a single copy of this content on a single device;
  4. Download, install and use one (1) copy of any software, including applications, that we make available on or through the Products (“Software”) on your device in machine-executable object code form only and create one (1) copy. ) additional copy for backup purposes; provided, however, that you understand and agree that:
    - by allowing you to download the Software, KAAYU does not transfer title to the Software to you (i.e. you own the media on which the Software is recorded), but the owner of the Software (which may be KAAYU and/or its third party) the licensor of the software) will retain full and complete ownership of this software);
    - you may not copy, modify, adapt, translate into any language, distribute or create derivative works based on the Software, except as expressly authorized in these Terms of Use or in any applicable Additional Terms, without the prior written consent of KAAYU;
    - you may not assign, rent or loan the Software to any person or entity, and any attempt by you to sublicense, transfer or assign the Software will be null and void; and
    - you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
  5. If made available to you, obtain a registered personal account (and/or associated username and password) on the Products and interact with the Products in connection therewith;</ li>
  6. Link to the Products from a website or other online service, provided that:
    - the links incorporate text only and do not use any KAAYU name, logo or image;
    - the links and content on your website do not suggest any affiliation with KAAYU or otherwise cause confusion; and
    - the links and content on your website do not portray KAAYU or its products or services in a false, misleading, derogatory or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, dirty, violent, threatening, harassing or abusive, or that violates any rights of a third party or is otherwise objectionable to KAAYU. KAAYU reserves the right to suspend or prohibit links to the Products for any reason, in its sole discretion, without notice or any liability of any kind to you or any third party;
  7. Stream the content using any of the widgets and/or other internet streaming digital video players, if any, provided on the Products; and
  8. Use any other functionality expressly provided by KAAYU on or through the Products for use by users, subject to these Terms of Use (including functionality to create and/or publish content generated by the User (as defined below)) and any applicable additional charges. Conditions.
Rights of Others. In using the Products, you must respect the intellectual property and rights of others and of KAAYU. Your unauthorized use of the Content may violate the rights of others and applicable laws and may subject you to civil and criminal liability. If you believe your work has been infringed via the Products, see Section 4 below.
Reservation of all rights not granted in the Products and Content. These Terms of Use and any applicable Additional Terms include only narrow and limited grants of rights of use and access to products and content. No right or license shall be construed, under any legal theory, by implication, estoppel, industry custom or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY JOBANDTALENT AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Products for any purpose is prohibited.
Third Party Services. We are not responsible for any third parties or their content, advertising(s), applications or sites (“Third Party Services”). For example, portions of the Products may be integrated or linked to third-party sites, platforms and applications that we do not control. Likewise, we may make advertising and third-party content or services available to you, which we also cannot control, on or through our Products. This may include the ability to register or log in to our Products using third-party tools, and post content to third-party sites and services using their plug-ins made available on our Products. Use caution when dealing with third parties and review their terms of use and privacy policies. We take no responsibility for Third Party Services and will not be liable for any harm caused by your use of or reliance on Third Party Services. For reference, if you access or use the Products through Apple, Android or any other mobile operating system platform, these are third-party services.

Application information and job search services
1. Scope of KAAYU’s application information and job search services:
  1. KAAYU’s products, content and all related services (hereinafter the “Services”) are intended to provide job application information and job search services. The services that KAAYU offers you are mainly as follows:
  2. Creation of a free application account on the KAAYU platform via the service activation process in order to contact companies.
  3. Services and tools for managing job searches via the KAAYU platform.
  4. Personalized home page in the private menu.
  5. KAAYU may proactively suggest the job candidate as a potential candidate for job offers if their profile matches that sought by companies.
  6. Job recommendation service: automatic and free offers sent to the platform. KAAYU offers the possibility of being informed of job offers that best match the candidate’s profile through email communications in a fast, private and free manner.
  7. Promotional email communications services related to the employee recruitment and training industry.
  8. Possibly be hired by our temporary work agencies in countries where we provide this service to user companies.
  9. Possible signing of the contract and delivery of work-related documents via our application: contract, extensions, salary slips issued at the frequency stipulated therein, etc.
  10. Other services that KAAYU may create and which it believes may be of interest to candidates using the Services, such as advice, training, a network of professional contacts, forums, access to news, etc.< /li>
  KAAYU does not require any payment for job applications and does not charge any fees for obtaining employment with them. If you have information regarding anyone accused of obtaining employment with KAAYU or who was asked for money or gifts to maintain employment, please notify us immediately by email: support@ kaayu.fr.
2. Professional References Subject to the limitations set out in the KAAYU Privacy Policy, KAAYU collects personal references relating to applicants using its products and Services, provided that they give their consent. The professional references collected by KAAYU are provided by the former employers of our candidates. The contact details of said employers are provided by job candidates, under their sole responsibility. Candidates guarantee that they provide KAAYU with information about their former employers with full knowledge and consent. The burden of proof lies with the applicant for employment. Professional references are collected in restricted areas and there is a rating system to assess the professional qualities of candidates. Former employers may also include a voluntary comment on applicants’ job performance. KAAYU evaluates the information collected by the restricted note fields, and in particular by the voluntary comment fields, in order to ensure that the principle of data quality is respected and that this information is not excessive or exaggerated in relation to its purpose. . In addition, this control allows KAAYU to verify that specially protected candidate information is not collected.
3. Obligations of the job seeker using the servicesWhen you register to use Products and/or Services as a job candidate, you agree to use the platform and the services accessible via it diligently, under subject to law, good conduct and these Conditions. of use and, where applicable, the specific additional conditions that may be applicable when requesting specific services. KAAYU conditions the use of most of its Services on the prior completion of the job candidate’s registration form correspondent on the platform. When you register, you choose an identifier (username or login) and a password and you agree to keep them and use them diligently. All passwords issued via KAAYU products are personal and non-transferable, and the transfer of the same passwords to third parties, even if temporary, is not permitted. In this regard, the job candidate must take all necessary measures to protect their password, thus preventing its use by third parties. Thus, the candidate for employment is solely responsible for the use of his password, failing which KAAYU cannot be held responsible. If the applicant knows or suspects that his password is being used by third parties, he must inform KAAYU as soon as possible in writing.When processing registration information, the applicant guarantees that he or she is above the legal minimum working age in the country in which he or she is seeking employment, that he or she holds all necessary work permits and other authorizations and that he is authorized to enter into an employment relationship.Concerning SMS services or mobile notifications, the Applicant guarantees that he is the owner, subscriber or user of the declared mobile phones and it is his responsibility to communicate any modification to KAAYU or, if possible, to make modifications. himself in his profile area.
  In any event, the Applicant will be solely responsible for false or inaccurate statements made and damage caused to KAAYU or third parties as a result of the information he provides.
Content you submit; Interactive Community Rules
1. User Generated Content. KAAYU may, now or in the future, offer users of the Products the opportunity to create, create, post, upload, display, publish, distribute, transmit , broadcast, or otherwise make available on or submit through the Products, or on or in response to our pages or posts on third party platforms or in connection with any of our promotions by any media or manner, or submit to us in any other way (for example, on our Facebook® or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages , text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information or other information or materials and ideas that they contain (collectively, but excluding KAAYU licensed materials included therein (“User Generated Content” or “UGC”). You may submit UGC through your profile, forums, blogs, chat rooms, social media environments, content creation and publishing tools, subscription services, gaming, social communities (including including the interactive community (defined below), if applicable), contact us, tools, email and other communications features. Except to the extent of the rights and license you grant in these Terms of Use and, subject to any applicable Additional Terms, you retain all legally cognizable right, title and interest you have in your UGC.
  1. Unless otherwise stated in the Products’ published privacy policy or any applicable Additional Terms, you agree:
    - your UGC will be treated as non-confidential and non-proprietary by us, whether or not you mark the UGC as “confidential,” “proprietary,” or otherwise – and will not be returned; and
    - To the maximum extent not prohibited by applicable law, KAAYU assumes no obligation of any kind to you or any third party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate the rights to such content and verify your compliance with these Terms of Use or any applicable additional terms. You acknowledge that the Internet and mobile communications may not be secure and may be subject to security breaches; therefore, you acknowledge and agree that your UGC is submitted at your own risk.
  2. In your communications with KAAYU, please keep in mind that we are not seeking unsolicited ideas or materials for products or services, or even suggestions for product or service improvements, including ideas, concepts , inventions or designs of music, websites. ,applications, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or the like (collectively, “Unsolicited Ideas and Materials”). Any unsolicited ideas and materials you submit are considered UGC and are licensed to us as set forth below. Additionally, KAAYU retains all rights held by members of the general public regarding your unsolicited ideas and materials. Receipt by KAAYU of your unsolicited ideas and materials does not constitute recognition by KAAYU of their novelty, priority or originality, and it does not impair KAAYU’s right to contest existing or future intellectual property rights relating to your ideas and unsolicited materials.
  3. Unless otherwise stated in any applicable Additional Terms (such as the official rules of a Promotion), which specifically govern the submission of your UGC, or in our Privacy Policy, you hereby grant KAAYU the non-exclusive right , unrestricted, unconditional and unlimited, worldwide, irrevocable, perpetual, royalty-free right and license to use, copy, record, distribute, reproduce, disclose, sell, resell, sublicense (at multiple levels), display, publicly perform, transmit , publish, distribute, translate, make derivative works of, and otherwise use and exploit in any manner, all or any part of your UGC (and its derivative works), for any purpose in any format, on or through any means or media now known or hereafter developed, and with any technology or device now known or hereafter developed, and to advertise, market and promote the same. The rights granted include the right to: (A) configure, host, index, cache, archive, store, scan, compress, optimize, modify, reformat, edit, adapt, publish in a searchable format, delete such UGC and combine it with other materials, and (B) use any ideas, concepts, know-how or techniques contained in any UGC for any purpose, including developing, producing and marketing products and/or services.You understand that by exercising these rights, metadata, reviews and content may be removed or modified, including copyright management information, and you consent to this and represent and warrant that you have all rights authority to do so. In order to further enforce the rights and license you grant to KAAYU in your UGC, you also, to the extent permitted by applicable law, hereby grant to KAAYU and agree to grant KAAYU the unconditional, perpetual and irrevocable to use and exploit. your name, personality and likeness in connection with any UGC, without any obligation or remuneration to you. Except to the extent prohibited by law, you hereby waive and agree to relinquish any moral rights (including attribution and integrity) you may have in any UGC, even if altered or modified in a way that doesn’t suit you. To the extent that it is not possible to waive, you irrevocably agree not to exercise these rights (if any) in any manner that interferes with the exercise of the rights granted. You understand that you will not receive any fees, monies, consideration or remuneration for any of the rights granted in this section.
  4. KAAYU may, but will have no obligation to, review, monitor, display, publish, store, maintain, accept or otherwise use any of your UGC, and KAAYU may, in its sole discretion, reject, delete, move, reformat, delete or refuse to post or otherwise use the UGC without notice or any liability to you or any third party in connection with our operation of the UGC Sites as appropriate, so as to improve the accessibility of the UGC, fight copyright infringement and protect users from harmful UGC. Without limitation, we may, without obligation, process content brought to our attention that we deem to be offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce third party rights or these Terms of Use or any applicable Additional Terms. Any such UGC submitted by you or others need not be retained on the Products by us for any period of time, and you will not have the right, once submitted, to access, ‘archive, maintain, modify,to remove or otherwise use such UGC on the Products or elsewhere, except that California minors have certain rights to have certain content about them that they themselves have posted on the Products possibly removed from display public, as provided in the Privacy Policy.
  5. Each time you submit a UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside, or that you are the parent or legal guardian, or that you have all appropriate consents from the parent or legal guardian. , of any minor depicted in or contributed to any UGC that you submit, and that, with respect to such UGC: (A) you are the sole author and owner of the intellectual property and other rights in the UGC, or you have of a legal right to submit the UGC and to grant to KAAYU the rights therein that you grant by these Terms of Use and any applicable Additional Terms, all without any obligation of KAAYU to obtain the consent from a third party and without creating any obligation or liability for KAAYU; (B) the UGC is accurate; (C) the UGC does not and, with respect to the permitted uses and exploitation of KAAYU set forth in these Terms of Use, will not infringe any intellectual property or other rights of any third party; and (D) UGC will not violate these Terms of Use or any applicable Additional Terms, or cause injury or harm to any person.
2. Interactive Community Rules. Certain aspects of the Products may allow you to communicate with other users and post information and other materials, including your own UGC, through an interactive community (the “Interactive Community”). You use the Interactive Community Services if, for example, you view or participate in the Interactive Community, post a review, create a listing, create a profile, submit UGC, or otherwise participate in an interactive feature. Your use of the Interactive Community is subject to these Terms of Use and any applicable Additional Terms, as well as the following:
  1. You may only use the Interactive Community for lawful purposes and in accordance with these Terms of Use. If you use our Interactive Community and post, publish or communicate UGC on or through the Interactive Community, please choose carefully the information you post and/or provide to other users.
  2. You may not post or transmit through the Products any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable content of any kind. , including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, rule or regulation applicable to you or in the country in which the material is published. We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting or other UGC (including private messages) from you, or to refuse, restrict, suspend or terminate access to all or part of the Interactive Community at any time, for any reason, without notice or explanation and without liability.
  3. You may not post UGC that: (A) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; (B) contains restricted or password-only pages or hidden pages or images (those that are not linked to or from another accessible page); (C) solicits passwords or personally identifiable information for commercial or unlawful purposes from other users; (D) involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising or pyramid schemes; (E) includes a photograph or video of another person that you posted without that person’s consent ; (F) circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person to circumvent or modify any security technology or software forming part of the Products; (G) involves the use of viruses, robots, worms or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or permit the use or unauthorized access to a computer or computer network; (H) covers or hides banner advertisements on your personal profile page; (I) involves any automated use of the Products, such as using scripts to add friends or send comments or messages; (J) interferes with, disrupts, or creates an undue burden on the Products or networks or services connected to the Interactive Community; (K) impersonates or attempts to impersonate another user, person or entity in the Interactive Community; (L) uses the account, username or password of another user of the Interactive Community at any time or discloses your password to any third party or allows any third party to access your account; (M) sells or otherwise transfers your profile; or (N) uses any information obtained from the Products or the Interactive Community in order to harass, abuse or harm another person or entity, or attempts to do the same.
  4. We reserve the right, in our sole discretion, to delete your profile and/or refuse, restrict, suspend or terminate your access to all or part of the interactive community for any reason.</ li>
  5. If you notice any misuse of the Interactive Community, including any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable of any nature whatever. , material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, please contact us. Notwithstanding the foregoing and to the maximum extent permitted by applicable law, we assume no responsibility for continued monitoring of the Interactive Community or for removing or editing any UGC, even after receiving notice. We assume no liability for any action or inaction with respect to conduct, communication, or UGC within the Interactive Community. You are solely responsible for all activities that occur within the Interactive Community. The Interactive Community is not intended for use by persons under the age of eighteen (18) (“Minors”). No person under the age of eighteen (18) is permitted to register or create user profiles. Many informational and commercial resources (such as computer hardware, software or filtering services) are available to help parents keep their children safe online. If you would like to learn more about these resources, information is available on many sites providing information on these protections. We do not specifically sponsor or endorse any of these sites or their services.
  6. Users of the Interactive Community may upload or otherwise submit to us for distribution on the Interactive Community and Products: (A) user-generated content that is not subject to any copyright restrictions or other property rights; or (B) UGC that the owner or licensor of any relevant right has given us express permission to distribute over the Internet. You may not upload, upload, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted UGC or other proprietary content distributed with the consent of a copyright owner must contain a phrase such as “Copyright, owned by [name of owner]; used with permission”. We have the right to assume that all UGC complies with the above requirements. Unauthorized submission of copyrighted UGC or other proprietary content is illegal and could expose the user to personal liability for damages in a civil action as well as criminal prosecution. Users of the Interactive Community assume all liability for any damage resulting from infringement of copyright or proprietary rights, or for any other harm resulting from unauthorized submission or submission of UGC. We assume no liability for any damages resulting from any infringement of copyright or proprietary rights, or any other harm arising from any UGC.
Using the Products; Products and Content Use Restrictions.
1. Creating an account. You must create your own account (or by an authorized representative of the person who is the subject of the account and who has reached the age of majority). We do not verify the authenticity of accounts and are not responsible for unauthorized accounts that may appear on products. For any dispute regarding account creation or authenticity, we will have the exclusive right, but are not obligated, to resolve such dispute as we deem appropriate, without notice. If you register with us or create an account, you are solely responsible for the security and confidentiality of your access credentials and for restricting access to your device and any activity under your account. Usernames and passwords must be personal and unique, not violate the rights of any person or entity, and not be offensive. We may refuse the use of any password, user name or email address for any reason in our sole discretion.You are solely responsible for your registration information and its updating and maintenance. You will notify us immediately of any unauthorized use of your account, password or username, or any other breach of security, but will remain liable for any unauthorized use thereafter. You will not sell, transfer, or assign your account or your rights to the account.
2. Restrictions on use of the products.You agree not to:
  1. use the Products for political or commercial purposes (including advertising, soliciting funds, collecting product prices and selling products);
  2. use meta tags or any other “hidden text” using intellectual property;
  3. engage in activities through or in connection with the Products that seek to attempt to harm individuals or entities or that are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing or abusive, or that violates any rights of a third party or is otherwise objectionable to KAAYU;
  4. decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Products by any means or modify the source or object code of the Products or any other Software or other products, services or processes accessible via any part of the Products;
  5. engage in any activity that interferes with a user’s access to the Products or the proper operation of the Products, or that otherwise causes harm to the Products, KAAYU or other users of the Products;</ li>
  6. interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Products or any feature that restricts or imposes limitations on the use or access to the Products, Content, or UGC;
  7. harvest or otherwise collect or store any information (including personally identifiable information about other users of the Products, including email addresses, without the express consent of such users);
  8. attempt to gain unauthorized access to the Products, other computer systems or networks connected to the Products, through password mining or any other means; or
  9. otherwise violate these Terms of Use or any applicable Additional Terms.
3. Content Use Restrictions. You also agree that by using the Products, you:
  1. not monitor, collect, copy or distribute the Content (except as may be the result of standard search engine activity or use of a standard browser) on the Products using a robot, mobile , a robot, a spider, a scraper or a crawler. , spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind;
  2. do not frame or utilize framing techniques to enclose any content (including images, text or page layout);
  3. keep intact all trademarks, copyrights and other intellectual property notices and other notices contained in the Content;
  4. not use the Content in any way that suggests an unauthorized association with any of our products, services or brands or those of our licensors;
  5. make no changes to the Content (other than to the extent of your specifically authorized use of the KAAYU Licensed Materials, if applicable);
  6. not copy, modify, reproduce, archive, sell, rent, trade, create derivative works of, publish in print or by electronic means, publicly perform, display, broadcast, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third party service, or use or exploit the Content in any way for any purpose, except as specifically permitted by these Terms of Use or any applicable additional terms, or with the prior written consent of a KAAYU manager or, in the case of Content originating from a licensor or owner of the Content; and
  7. do not insert any code or product to manipulate the content in a way that could harm the user experience or the products.
4. Availability of Products and Content. KAAYU, in its sole discretion, without notice or liability, may immediately suspend or terminate the availability of the Products and/or Content (and all elements and functionalities). ), in whole or in part, for any reason, at the sole discretion of KAAYU, and without notice or liability.
5. Age of users. Unless specifically indicated otherwise in the features made available to you, the Products, the Content and all products and services appearing or marketed on the Products are intended and directed towards the purchase and use by adults (aged eighteen (18) years or older). ).
6. Internet connection fees. An Internet connection is required to access the Products. Any access fees or charges applicable to your Internet connectivity are your sole responsibility. Some Internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. We are not responsible for any fees charged or policies of Internet service providers or others with whom you contract for such Internet connectivity.
7. Library policy for KAAYU products. The KAAYU Products, including the KAAYU mobile application (the “Mobile Application”), may use third-party libraries as necessary to enable you to take advantage of the full functionality of the Products. In order to monitor and improve the performance of the Products, including the Mobile Application, we may use various third-party libraries to track users’ browsing habits for the purposes of reviewing, maintaining and improving the performance of the Products .
8. These third-party libraries may include, but are not limited to, the following third-party tracking platforms:
  1. Google Analytics
  2. Google Firebase
  3. Fabric
  4. Appsee
  5. Appsflyer
  6. Facebook
  7. AWS Amplify
  8. Salesforce Marketing Cloud SDK
  9. Onfido
  Use of such third-party libraries in our Products, including in our Mobile App, is governed by our Privacy Policy.For details on the protection of your personal data through the use of third-party software, including third-party libraries, please refer directly to our Privacy Policy.
Notice and Take Down Procedure for Claims of Infringement.
1. United States Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Indeed infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information as required by 17 USC. Section 512(c)(3)(A):
  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Indeed to locate the material on the Site;
  4. the name, address, telephone number and email address (if available) of the complaining party;
  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send a counter-notification to Indeed. Notices and counter-notices must meet then-current legal requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for more details . Notices and counter-notices regarding the Site must be sent in writing to:
  
  Copyright notice KAAYU, 600-2000 Av. McGill College, Montréal, QC H3A 3H3 (support@kaayu.fr) (remove spaces when sending an email). We suggest you consult your legal advisor before filing a DMCA notice or counter-notice. Also be aware that there are penalties for false statements under the DMCA.
2. Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via support@kaayu.fr.
Termination or Suspension.
1. Termination by us. We may, in our sole discretion and at any time, issue a warning, temporarily suspend, indefinitely suspend or terminate your account or your access to all or any part of the Products for any reason with or without notice. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of responsibility.
2. It’s up to you to cancel. You may terminate these Terms of Use by ceasing all use of the Products and deleting all Licensed Materials from your Device.
3. Effect of termination or suspension. After termination (by us or you) or suspension, you will no longer be authorized to use the Products. Any suspension or termination will not affect your obligations to KAAYU under these Terms of Use or any applicable Additional Terms. Upon suspension or termination of your access to the Products, or upon notice from KAAYU, all rights granted to you under these Terms of Use or any applicable Additional Terms will immediately cease, and you agree to immediately cease any use of the Products. The provisions of these Terms of Use and any applicable Additional Terms, which by their nature should survive your suspension or termination, will survive, including the rights and licenses you grant to KAAYU in these Terms of Use. use, as well as indemnities, releases and disclaimers. , as well as limitations of liability and provisions regarding jurisdiction, choice of law, prohibition of class actions and mandatory arbitration.
Disclaimers; Exclusions and Limitations of Liability.
1. DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBANDTALENT AND ITS, SUBSIDIARIES, AFFILIATES AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, DIRECTORS, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “JOBANDTALENT PARTIES”) PROVIDE THE JOBANDTALENT SITE, CONTENT, LICENSED MATERIALS OR OTHER JOBANDTALENT PRODUCTS OR SERVICES ON AN “AS IS,” “AS IS” BASIS. AVAILABILITY “. AND “WITH ALL FAULTS”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. USE OF THE SITE IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE JOBANDTALENT PARTIES (AS APPLICABLE) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SITE, THE CONTENT, THE MATERIALS LICENSED, UGC OR OTHER PRODUCTS OR JOBANDTALENT SERVICES WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE FROM DEFECTS,INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE JOBANDTALENT PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM HIDDEN OR LATENT DEFECTS , SAFETY, MERCHANTABILITY, OF SATISFACTORY QUALITY. , QUIET ENJOYMENT AND NON-INFRINGEMENT, OR RESULTING FROM COURSE OF CUSTOM OR USAGE IN THE TRADE OR COURSE OF TRADE. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXTENDS OR LIMITS: (I) ANY EXPRESS WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS PROVIDED BY THE JOBANDTALENT PARTIES OR THEIR SUPPLIERS WITH RESPECT TO ANY PHYSICAL PRODUCT SOLD BY THE JOBANDTALENT PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) JOBANDTALENT PARTIES’ LIABILITY FOR PERSONAL INJURY CAUSED BY JOBANDTALENT PARTIES TO THE EXTENT IMPOSSIBLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST THE JOBANDTALENT PARTIES WHICH CANNOT BE WAIVED OR LIMITED UNDER APPLICABLE LAW.
2. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBANDTALENT PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOSS OR CORRUPTION OF DATA OR DAMAGE. FOR REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING OUT OF, RELATED TO, OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, THE CONTENT, THE MATERIALS UNDER LICENSE, UGC OR OTHER JOBANDTALENT PRODUCTS OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
3. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE JOBANDTALENT PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, including personal injury or death or any direct, indirect, economic, exemplary, special, punitive, accidental. , or consequential loss or damage of any kind, including loss of profits, in connection with, or otherwise directly or indirectly related to, the Products (including Content and UGC), including:
  1. your use of or inability to use the Products, or the performance of the Products;
  2. any action taken as part of an investigation by KAAYU TECHNOLOGIES SASU parties or law enforcement authorities regarding your access to or use of the Products;
  3. any action taken in relation to copyright or other intellectual property owners or other rights holders;
  4. any error or omission in the technical operation or security of the Products or any compromise or loss of your UGC or other data or information; or
  5. any damage caused to a user’s computer, hardware, software, modem or other equipment or technology, including damage resulting from any security breach or any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including loss or damage in the form of loss of profits, loss of goodwill, loss of data, work stoppage, accuracy of results or breakdown or equipment malfunction. The foregoing limitations of liability will apply even if any of the above events or circumstances were foreseeable and even if the KAAYU TECHNOLOGIES SASU parties were informed or should have known of the possibility of such losses or damages, whether you bring or not an action based on contract. , negligence, strict liability or tort (including if caused, in whole or in part, by negligence, force majeure, telecommunications failure or destruction of the Products).
  EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULL EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE JOBANDTALENT PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND POSSIBLE CAUSES OF ACTION RELATED TO YOU. WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS OF USE, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU PAID TO JOBANDTALENT IN CONNECTION WITH THE TRANSACTION(S) UNDERLYING THE (THE) CLAIM(S); Provided, however, that this provision shall not apply if a court or tribunal having applicable jurisdiction finds it to be impermissible. FOR CLARITY, THE PRECEDING SENTENCE DOES NOT EXTENDS OR LIMITS ANY EXPRESS WRITTEN PRODUCT WARRANTY PROVIDED BY JOBANDTALENT OR A MANUFACTURER OF A PHYSICAL PRODUCT.
4. ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Choice of law; Jurisdiction. These Terms of Use shall be governed and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any action seeking legal or equitable relief arising out of or relating to the Program shall be brought only in the federal or state courts located in Miami-Dade County, Florida. A printed version of these Terms of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in such form. printed. /span>
Arbitration.PLEASE READ THIS SECTION CAREFULLY. THIS AFFECTS YOUR RIGHTS AND HOW CLAIMS YOU AND JOBANDTALENT HAVE AGAINST EACH OTHER ARE RESOLVED. This section is deemed a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and KAAYU agree that we will respond whether this section satisfies the “writing” requirement of the Federal Arbitration Act. This section may only be amended by mutual agreement. We believe that arbitration is a faster, more convenient, and less expensive way to resolve any dispute or disagreement you may have with us. Therefore, subject to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Products, (ii) any purchase or other transaction or relationship with KAAYU, or (iii) any data or information that you may provide to KAAYU or that KAAYU may collect in connection with any such use, interaction or transaction (collectively, “KAAYU Transactions or Dealings”), you will not have the right to pursue any claim in court or have a jury decide the Claim and you will not have the right to bring or participate in a class action or similar proceeding in court or arbitration. By using or interacting with the Products, or engaging in any other KAAYU transaction or relationship with us, you agree to binding arbitration as set forth below. We will use reasonable efforts to informally resolve any complaint, dispute or disagreement you may have with us. If these efforts are unsuccessful, by using our Products, you agree that any claim, dispute, or disagreement you may have against KAAYU, and any claim KAAYU may have against you, arising out of, relating to, or in any way connected with the latter The terms of use, our privacy policy or any transaction or relationship will be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the arbitration is initiated. or, if the amount in dispute exceeds $100,000 USD, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The applicable rules can be viewed at www.jamsadr.com. If JAMS no longer exists, the arbitration will instead be administered by the American Arbitration Association or its successor (the “AAA”), and conducted in accordance with the commercial arbitration rules of the AAA then in effect. (which will be the “Applicable Rules” in such circumstances). If JAMS (or, where applicable, AAA) at the time of filing the arbitration has minimum standards of procedural fairness for consumer arbitrations in effect that would be applicable to the matter in dispute, KAAYU agrees to provide you the benefit of these minimum standards. to the extent that they are more favorable than comparable arbitration provisions set forth in this section, provided, however, that in no event shall such minimum standards contravene or restrict the application of subpart (e ) or (i) below. Furthermore, this section shall not prevent any party from seeking provisional remedies for arbitration in a court of competent jurisdiction. You further agree that:
1. Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and KAAYU (the “Arbitrator”);
2. The arbitrator will interpret this agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Use and/or arbitration provisions in this Section hereof, including, but not limited to, any claim that all or part of these Terms of Use is void or voidable;
3. Venue of arbitration. The arbitration will take place: (i) at a location determined by JAMS (or, where applicable, AAA) in accordance with the applicable rules (provided that such location is reasonably convenient for you and does not require travel more than one hundred (100) miles from your home or place of work); or (ii) at any other location mutually agreed between you and KAAYU; or (iii) at your option, if the only claims in the arbitration are made by you and for an aggregate amount less than $10,000, by telephone or written submission.
4. Applicable law. The arbitrator will (i) apply the internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) federal law prevails, shall apply the law of the State of Florida. United States, without regard to any principles of conflict of laws; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for full or partial summary judgment, motion for summary judgment, or any other dispositive motion consistent with the Florida or Federal Rules of Court, as the case. ; (iii) honor claims of privilege recognized by law; and (iv) will have the power to grant any form of legal or equitable relief;
5. No class action.Arbitration can resolve only your and/or KAAYU’s individual claims, and the arbitrator will have no authority to hear or arbitrate any claim on a class basis. or representative, or to consolidate or join the claims of other persons or parties who may be similarly situated;
6. Written decision. The arbitrator will issue a written award supported by a statement of decision setting forth the arbitrator’s complete decision in the dispute and the relevant factual findings and legal conclusions (a ” sentence” ). Judgment on the award may be entered by any court of competent jurisdiction or having jurisdiction over the party concerned or its assets;
7. Interpretation and Enforcement of the Arbitration Provision.Except for subpart (e) above, if any part of this arbitration provision is found to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules, then the remainder of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein . If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor KAAYU shall have the right to arbitrate their dispute and will instead have to submit claims. before a competent court.
8. Modification of Arbitration Provision with Notice. KAAYU may modify these arbitration provisions, but such modifications shall not be effective until thirty (30) days after KAAYU provides notice of such modifications. and only on a prospective basis. for claims arising from KAAYU transactions and relationships occurring after the effective date of this notice.
9. Small claims are excluded. No class relief or joinder of claims.Notwithstanding the arbitration provisions above, at your option, you may bring any claim against KAAYU in your local small claims court in the United States, if your claim is located within the jurisdiction of this court. ; provided, that such court shall not have authority to entertain any claims on a class or representative basis, nor to consolidate or join the claims of other persons or parties who may be similarly situated in any such proceeding.< /li>
10. Survival. The provisions of this Section 8 supersede any inconsistent provisions of any prior agreement between the parties. This Section 8 will remain in full force and effect despite any termination of your use of the Products or these Terms of Use.
General Provisions.
1. KAAYU’s Consent or Approval. As to any provision in these Terms of Use or any applicable Additional Terms that grants KAAYU a right of consent or approval or permits KAAYU to exercise a right in its “sole discretion ,” KAAYU may exercise that right in its sole and absolute discretion.
2. Compensation . To the extent permitted by applicable law, you agree to, and hereby defend (if requested by KAAYU), indemnify and hold harmless the JOBANDTALENT Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that arise directly or indirectly out of or relate to any claim, suit, action, demand or proceeding brought or brought against any party JOBANDTALENT, or due to the investigation, defense or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Products and your activities in connection with the Products; (iii) your violation or alleged violation of these Terms of Use or any applicable Additional Terms; (iv) your violation or alleged violation of any law, rule, regulation, code, statute, ordinance or order of any governmental or quasi-governmental authority in connection with your use of the Products or your activities in connection with the Products; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right right of any person or entity. ; (vi) any misrepresentation by you; and (vii) the JOBANDTALENT Parties’ use of the information you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the JOBANDTALENT parties in the defense of any claims and losses. Notwithstanding the foregoing, the JOBANDTALENT parties retain the exclusive right to settle, compromise and pay all claims and losses. The JOBANDTALENT parties reserve the right to assume the exclusive defense and control of any claims and losses. You will not settle any claim or loss without, in each case, the prior written consent of an officer of KAAYU. This section is not intended to limit any causes of action against us that you may have but which you may not waive under applicable law.
3. How the products work; Availability of products and services; International Issues.KAAYU controls and operates the Products from the United States and makes no representation that the Products are appropriate or available for use outside the United States. If you use the products from other locations, you do so on your own initiative. and responsible for compliance with applicable laws regarding your online conduct and acceptable content, if and to the extent laws apply.
4. Export Controls. You are responsible for compliance with all applicable trade regulations and laws, both foreign and domestic. Except as permitted by United States law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity or end user subject to United States export controls or sanctions.
5. Interpretation.The headings used in these Terms of Use are for reference purposes only and do not affect the meaning of the terms. “Including” and similar words are understood without limitation. The singular includes the plural and vice versa. These Terms of Use and any applicable Additional Terms will be binding upon each party, its successors and permitted assigns.
6. Entire Agreement. Except for any additional terms that apply to your use of the Products and which we may notify you or make available to you, this is the the entire agreement between you and us regarding the use of the Products. Products, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.
7. Severability. The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use is held to be invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without affecting it in any way. their validity or enforceability in any other jurisdiction or the other provisions hereof in that or any other jurisdiction.
8. Our affiliates, suppliers and licensors.Our affiliates, suppliers, licensors and other KAAYU parties are third party beneficiaries of these Terms of Use.
9. No waiver. Our failure or delay to exercise or enforce any right, remedy or provision of these Terms of Use or of law will not constitute a waiver of that right, remedy or provision or any other right, remedy or provision.
10. Notices. Where we are required to send you notices under these Terms of Use or in connection with your use of the Products, you hereby consent to receive electronic notices from us, whether addressed to the email address associated with your account or to another email address that you provide to us. To the fullest extent permitted by applicable law, you acknowledge and agree that any communications by email or posting on the Products satisfy any legal requirement that such communications be in writing. All legal notices addressed to us must be sent to: KAAYU, attention: 600-2000 Av. McGill College, Montréal, QC H3A 3H3 (Email: support@kaayu.fr).
11. Force Majeure. We will not be liable to you for failure to comply with our obligations under or arising from these terms of use, or any applicable additional terms, or under any law or regulation applicable due to any event beyond our reasonable control, including a labor dispute, Internet outage or service interruption, communications failure, inability of a service provider or other third party to execute, acts of war or any other action of military forces, terrorism, riot, civil unrest, sabotage, vandalism, accident, fire, flood, force majeure, strike, lockout or other labor dispute (whether or not involving our employees or those of our affiliates, suppliers or licensors ), or legislative or administrative interference. (including those giving rise to currency changes).
12. Modifications to the Products and Amendments to These Terms of Use. To the maximum extent permitted by applicable law, we may, in our sole discretion, change, modify, suspend, make improvements or discontinue any aspect of the Products, temporarily or permanently, in whole or in part, at any time with or without inform you, and we will not be responsible for this. We reserve the right to modify these Terms of Use from time to time in our sole discretion. Your use of the Products after any changes we make constitutes your acceptance of the most current version of these Terms of Use as modified.
13. Assignment. These Terms of Use and all of your rights and obligations hereunder are not assignable or transferable by you without our prior written consent. We may freely assign, transfer or delegate these Terms of Use or any of our rights and obligations under them.
14. Contact details. For assistance with the Products or if you have any questions regarding the Products or these Terms of Use, please contact us at 600-2000 Av. McGill College, Montréal, QC H3A 3H3 (Email: support@kaayu.fr). You acknowledge that we have no obligation to provide you with assistance of any kind and that our staff cannot modify or waive these Terms of Use or any applicable Additional Terms.

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