Software as a Service Agreement

Kalicube Pro

Last updated 10/03/2022

Please read this Software as a Service Agreement (“Agreement”) carefully before using our website https://kalicube.pro (“Website”), using Software as a Service platform (“Kalicube Pro SaaS Platform”), or requesting our consultations (“Consultations”) available through the Website.

This Agreement contains essential information about your legal rights and obligations concerning your (“you” or “user”) use of the Website. If you disagree with this Agreement, please do not continue using the Website.

The Website is operated by Kalicube SAS (“Company” or “we”). Our Privacy Notice describes our collection and use of personal data connected to your access to and use of the Website. If you have any questions or comments about this Agreement, please contact us.

Entire agreement

In brief:

• This is an agreement between the Company and our users.
• By using the Website, using Kalicube Pro SaaS Platform, or requesting Consultations, you agree to comply with this Agreement and applicable laws and regulations.
• To use the Kalicube Pro SaaS Platform, you must have full legal capacity.

This Agreement and any operating rules and policies posted on the Website, including Privacy Notice, constitute the entire legally binding agreement and understanding between the Company and our users, governing your access to and use of the Website, of the Kalicube Pro SaaS Platform, and provision of Consultations.

By using the Website, requesting Consultation, or agreeing to the Agreement, you declare and warrant that:

• you have read, understand, have the legal capacity to enter into this agreement, and that you agree to be legally bound by and to comply with this Agreement in full;
• you have full legal capacity, which means you have reached 18 years or other relevant age and are not restricted otherwise;
• you will comply with this Agreement and all applicable laws and regulations.

Kalicube Pro

In brief:

• Some of the tools on the Website are free for you.
• Kalicube Pro SaaS Platform, Insights, and Consultations are paid.
• Kalicube Pro SaaS Platform analyses your Entities and provides you with a clear Road Map.
• The Entity Equivalents / EGC / ECI Insights let you receive a more advanced Road Map.
• The Consultations will help you with specific issues.
• Read about the prices here.

Some of the tools on the Website are free for you.

We offer you paid access to Kalicube Pro SaaS Platform – tracking, analysis, measuring, and reporting platform for PR, ORM and SEO professionals. Read more in the “Kalicube Pro SaaS Platform” section.

The Kalicube Pro SaaS Platform also includes a paid “insights” option (“Insights”). Read more in the “Insights” section.

You can also request a paid Consultation. Read more in the “Consultations” section.

The Kalicube Pro SaaS Platform and Consultations contain only our recommendations, and the Company does not guarantee the correctness, effectiveness, or completeness of its information. Read more in the “Warranties and disclaimers” section.

Read about the Kalicube Pro SaaS Platform payment, Insights, and Consultations in the “Service Fees” section.

Free tools

Some of our tools are available for free use on the Website, including (but not limited to):

• Knowledge Graph Explorer;
• Knowledge Graph Reverse Explorer;
• Knowledge Graph Sensor;
• Descriptions Cited Sources;
• Attributes Sources;
• Brand Search engine results page (“SERP”) Examples;
• SERP Features Frequency information;
• Snippet Simulator;
• Basic Schema Markup (for Company);
• Basic Schema Markup (for Person).

We may restrict users’ access to these free tools or add other free tools at our discretion without any prior notice or changes to this Agreement.

Kalicube Pro SaaS Platform

The Kalicube Pro SaaS Platform is available on a paid basis, subject to the monthly subscription. Read more in the “Service Fee” section.

The Kalicube Pro SaaS Platform helps you optimise your Brand SERP and manage your knowledge panel.

To use the Kalicube Pro SaaS Platform, provide us with the entities (for example: companies, brand names, products, people, podcasts, music groups) (“Entities”). You declare and warrant that you have the legal right to use the Kalicube Pro SaaS Platform on the behalf of the party paying for the access and also the Entities you add to the Kalicube Pro SaaS Platform.

We will check multiple SERPs for the Entities, analyse the received data results, and provide you with a clear road map (“Road Map”) and other information helpful for the online optimisation of the Entity.

The Road Map contains:

• a step-by-step task list for you to complete – built specifically for your Entity;
• recommended Schema.org markup you will need (including your custom list of sameAs);
• A prioritised list of information sources that we believe Google’s algorithms are looking at for your Entity that you need to check, correct, and update.

Insights

If you subscribe to the Kalicube Pro SaaS Platform, you can also request Insights. Insights are a one-time service. To use the Insights, provide us with the list of 70 to 200 Entity Equivalents (your competitors, for example).

We will analyse these Entity equivalents and improve the Road Map quality with the information you provided us.

Read about the price for the Insights in the “Service Fees” section.

Consultations

The Kalicube Pro SaaS Platform is designed to be autonomous for you.

You may need our expert help and advice for specific issues.

According to your requests, we can provide you with a one-to-one consultation (“Consultation”) concerning Knowledge Panels, Brand SERP, the Kalicube Pro SaaS Platform, and Entity optimisation.

Read about the price for the Consultation in the “Service Fees” section.

Service Fees

In brief:

• Buy a monthly subscription to access the Kalicube Pro SaaS Platform.
• We will charge you for the subscription via Stripe.
• Your subscription will automatically renew unless you cancel it at least 3 business days before the billing date.
• Pay for any one-off bespoke Insights and Consultations via Stripe or bank transfer.
• We can change fees at our discretion with prior notification.

Subscription to the Kalicube Pro SaaS Platform

To get access to the Kalicube Pro SaaS Platform, you must purchase a monthly subscription to the needed amount of Entities, subject to the then-current subscription fee (including VAT, where applicable).

The subscription fees are indicated on the pricing page on the Website following the link https://kalicube.pro/pricing.

Your subscription will automatically renew, and you will be charged a subscription fee for the subsequent subscription period unless you cancel it at least 3 business days before the billing date by contacting us.

Upon cancellation, your access to the Kalicube Pro SaaS Platform will remain until the end of the current subscription period.

Any subscription fee for an ongoing period is non-refundable.

Payments for the insights and consultations

You can request Insights and Consultations through email or the Website, subject to the one-time advanced payment not included in your subscription fee.

The price for the Insights and Consultations are indicated on the pricing page on the Website following the link https://kalicube.pro/pricing.

Payment processing

We process your subscription payment through a third-party payment provider (namely, Stripe).

We process your payments for the Insights and Consultations either through the third-party payment provider (namely, Stripe) or via direct bank transfer.

You may also bear additional charges that Stripe, your bank, intermediary banks, or other financial service providers may levy on you.

Please note, if your local currency is different from the currency in which the prices are quoted, your bank or Stripe will apply the exchange rate applicable per the date of purchase, which is beyond our control.

Change of the Fees

The Company reserves the right to revise the fees at any time, subject to providing you with adequate notice of the fee increase before they become effective. Your continued use of the Kalicube Pro SaaS Platform after the effective date of such change will constitute your agreement to pay the updated fees.

Account

In brief:

• To start using the Kalicube Pro SaaS Platform, we will create an Account for you.
• Your email can help you restore access to your Account.
• We can terminate your Account at your request.

To register the Account, provide us with your email address, your name, company name, and billing details. By providing us with that data, you warrant that you are entitled to represent the company and provide such data. In the case where your authorization expires, you are obliged to immediately notify us in writing and inform us of the new representative.

If you lose access to your Account, you can restore it with the email address you indicated when you signed up.

If you know or suppose that somebody has obtained unauthorised access to your Account, please contact us with details. We will do our utmost to rectify the situation and deny any unauthorised access to your Account.

To irreversibly terminate your Account, please contact us.

Intellectual property

In brief:

• The Company owns the Website and all the content.
• The Company gives you the right to use it.
• We give you certain rights to use the Website and content for your internal business operations and personal use.
• You are prohibited from copying and distributing content in violation of the rights of the Company.

The Website is owned and controlled by the Company.

All materials of the Website, including text, graphics, information, images, drawings, trademarks, logos, video, sounds, music, software, and other materials (collectively, “Content”), as well as copyright and other intellectual property rights to such Content belong to the Company or is included in the Website with the consent of the owner.

Subject to your compliance with this Agreement, the Company grants you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to access and use the Content and to use the Website in the manner provided for in this Agreement.

Under this license, you may not:

• sell, lease, rent, license, sublicense or otherwise distribute the Website software;
• copy, decompile, disassemble, translate or reverse engineer the Website software, in whole or in part;
• write or develop any derivative software, make an attempt to derive the source code of, modify, or create derivative works of the Website software, and its updates;
• provide, disclose, divulge or make available to, or permit the use of the Website software by any third party without the Company’s prior written consent;
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any of the Company's providers or any other third party (including another user) to protect the Website.

You are not allowed to use the Content or any of its elements in any way not provided for in this Agreement without the prior written permission of the Company or owners of the Content.

Any attempt to do so is considered a violation of this Agreement and the rights of the Company. If you violate any of these restrictions, your use of the Website will be reviewed and terminated, and you may be subject to legal actions and damages.

The Company may provide upgrades, modifications, updates, or additions to the Website software during the term of this license. The terms of this license shall be applied to any such modification unless a separate license accompanies it.

It is understood and agreed that the Company is the owner of all right, title, and interest in and to the original, and any copies of the Website software and related information, improvements, enhancements, or derivatives to it and ownership of all intellectual property rights on it, in whole or in part, shall be, vest with, and remain the exclusive property of the Company.

If you download or copy the Content, for example, make screenshots of the reports, no right, title, or interest in any downloaded or copied Content is transferred to you due to any such downloading or copying. You are not allowed to reproduce, publish, transmit, distribute, modify, create derivative works, or otherwise use the Content for commercial or illegal purposes without our prior written permission. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website.

You are also advised that we are determined to enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution.

The violation of one of our copyrights constitutes an offence of counterfeiting punishable in France by Article L 335-2 of the Code of Intellectual Property and punishable by three years imprisonment and a fine of up to 300,000 euros.

Your license to use the Website is automatically revoked if you violate this Agreement. We reserve all rights not expressly granted in this Agreement.

Third-party websites and services

In brief:

• Some Website functions may depend on third-party services or the websites you visit, which we do not control; therefore, we cannot guarantee the uninterrupted operation of all the Website features.

Some Website features are available in compatibility with third-party services. We cannot guarantee that any currently supported third-party services will remain compatible with the Website and that all features are constantly available and uninterrupted.

You can visit third-party websites, which we do not control, using the Website. We are not responsible for the content of such websites. We cannot guarantee that all the websites are compatible with the Website software, all features are constantly available and uninterrupted, or that you will have access to the website. The Company reserves the right to block any user’s access to any content, website, or web page at our sole discretion.

You acknowledge that different terms of service and privacy policies may apply to your use of third-party websites, services, and content. The Company shall not be held responsible for any losses, damages, or other liabilities incurred due to your interaction with those third-party websites and services.

Warranties and disclaimers

In brief:

• The Website is provided to you “as is”.
• We do not promise that it will function as provided in this Agreement and disclaim all other warranties.
• However, the Website software may malfunction, in which case we will take every effort to restore its correct operation.
• We shall bear no responsibility for the accuracy or perceived helpfulness, or usefulness to you of the data or advice provided by us.

The Website is provided to you “as is”.

The Company warrants that the Website will perform substantially according to its documentation during the period of your license. The Company disclaims all other warranties regarding the Website, its features, and content to the fullest extent permitted by law.

The Company may provide updates to the Website from time to time. You agree that these updates may make your data unavailable, temporarily or permanently without any notice.

Technical

We do our best to keep your data safe and secure and maintain the Website’s functionality. However, the Website may be subject to unavailability for various factors beyond our control for which we accept no responsibility, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited, or curtailed.

We are not responsible for all and any data loss or the inability to use passwords or other information for login or identification.

The Company does not guarantee that the Website will be uninterrupted or secure, that any defects will be corrected, or that the Website is free of viruses or anything harmful.

We are not making any promises of any kind, including the Website’s and the Сontent’s accuracy, usefulness, reliability, and correct operation.

Service

The Kalicube Pro SaaS Platform information is based on both manual and automated analysis of multiple third-party properties and APIs (including Google, Microsoft, Apple, Authoritas, Wordlift). We are not responsible for any effect on the Kalicube SaaS Pro Platform due to temporary or partial loss, or deterioration of service from them for whatever reason.

The Consultations and advice (whether automated or not) are based on industry standards and general practices, are suggestions as to possible actions the user may choose to take or not and, whether taken collectively or individually, in no way guarantee or promise any results, implied or not.

We shall bear no responsibility for the accuracy or perceived helpfulness, or usefulness to you of the data or advice provided by us.

All implementation is the responsibility of the user. The user explicitly accepts that the Company bears no responsibility for either any functional or practical implementation or the results of any such implementation.

Limitation of liability

In brief:

• You are responsible for your use of the Website in compliance with this Agreement and any applicable laws and regulations.
• The company’s liability is limited under this section, so please read it carefully to understand what to expect

The Company is not responsible if any information, materials, or content available through the Website is inaccurate or incomplete.

In no event shall Company, its subsidiaries, directors, partners, employees, contractors, or agents be liable for indirect, incidental, special, punitive, or consequential damages related to any use or inability to use the Website, including, without limitation, any damages, caused as a result of the use of the information provided through the Website, or by mistakes, omissions, interruptions, defects, viruses, even if the Company has been advised of the possibility of such damages.

The preceding limitations of liability do not apply to the extent prohibited by law.

If any part of the warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed the total amount of payments made by you to the Company within one year preceding the claim.

Indemnification

In brief:

• If you violate this Agreement, misuse the Website, violate any law or third party’s rights, you agree to indemnify and defend the Company.

You agree to defend, indemnify and hold harmless the Company, our subsidiaries, directors, partners, employees, contractors, and agents from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:

• any breach by you of any of this Agreement;
• your use/misuse of the Website;
• a violation by you of applicable law, third party’s intellectual property or other rights, any agreement or terms with a third party to which you are subject.

We reserve the right to handle our legal defence, however, we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us and make your best efforts to ensure that we can execute our strategy effectively.

Applicable law and jurisdiction

In brief:

• The laws of France govern this Agreement.
• We hope to resolve all the issues by amicable means. Mutually agreed arbitration will always be the first option for both parties
• If a severe dispute arises between us, you explicitly agree that it will be resolved in the national courts of France and that you will abide by the judgements by those courts.

Except as otherwise outlined in this Agreement or any policies, this Agreement shall be exclusively governed by and construed under the laws of France, excluding its rules on conflict of laws.

If any material in the Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website and our services are not intended for you, and we ask you not to use it. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to the Website or this Agreement, including, without limitation, those relating to its validity, its construction or its enforceability shall be resolved through amicable negotiations directly with the Company team following the principles of good faith and cooperation.

If those negotiations do not reach a consensus, the dispute shall be settled exclusively in the national courts of France, subject to its jurisdiction rules, with the applicable substantive law of France.

All claims shall be brought within one (1) year after the claim arises, except to the extent that a more extended period is required by applicable law.

Electronic communications

In brief:

• We use email, video and phone calls to stay in touch with our users.
• You can receive updates, recommendations, and information on the Website to the provided email.
• You can unsubscribe from commercial emails at any time by following the instructions in such emails.

By using the Website and providing us with your contact information, you understand and agree that we may send you the electronic communications via email, push notifications, call you via video- and phone- calls regarding, without limitation:

• your use of the Website;
• updates to information about the Entities you track;
• updates of the Website and this Agreement;
• transactions under this Agreement.

Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise our services or offers in which we believe you may be interested. You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.

You can read more about the practices of personal data processing in our Privacy Notice.

Termination

In brief:

• To terminate the agreement with the Company, you have to delete your Account and no longer use or access the Website.
• If you have an active subscription, we will not provide any refunds.
• We can terminate your access to the Website if you violate this Agreement.

Termination by the Company

At any time, we reserve the right at our sole discretion with prior notice to modify, suspend or discontinue the Website, the Content, feature or offers through the Website. You agree that we shall not be liable to you or any third party should any preceding occur concerning the Website.

The Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of this Agreement, including, without limitation, the suspension or termination of your license and access to the Website.

The Company may cooperate with legal authorities and/or third parties to investigate any suspected or alleged crime or civil wrong.

Termination by you

You may terminate this Agreement with the Company at any time by requesting by email that the Company deletes your Account and no longer access or use the Website. If you terminate this Agreement, all permissions and licenses granted to you in this Agreement will terminate on the date of expiration of your active subscription without the Company’s obligation to provide any refunds.

Other terms

We may transfer our rights and obligations under this Agreement to a third party, but this will not affect your rights or our obligations.

At any time at our sole discretion, we reserve the right to modify this Agreement. If material changes affect your use of the Website, we’ll notify you before the changes’ effective date by emailing or notifying you via a push notification where possible. If you continue to use the Website, you agree to the updated version of this Agreement.

If any provision of this Agreement is determined to be unlawful, void, or unenforceable, the remaining provisions of this Agreement will continue to be fully valid and enforceable.

A printed version of this Agreement shall be admissible in judicial or administrative proceedings based on or relating to the use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions and contact information

If you have any questions or comments about this Agreement or the Website, please contact us.

Service provider	Kalicube SAS
Identification number	SIRET 808 762 199 RCS Nîmes
Address	10 Chemin du Travers, 30250 Aubais, France
Email	[email protected] — for privacy questions [email protected] — for other questions