GENERAL TERMS AND CONDITIONS OF USE

 

Access:

 

The use of Planner 3D (hereinafter referred to as "the Solution"), accessible on Partner Websites, is subject to compliance with these general terms of use (hereinafter "the GTU").

 

1. Purpose

These GTU specify the conditions under which the User may use the KazaPlan Solution on all Partner Websites.  

The use of the Solution implies careful reading of these GTU and their prior acceptance without restriction or reservation, as well as a commitment to comply with them. These GTU may be modified at any time, particularly due to technical constraints or developments, which will take effect upon their publication.

 

These GTU come into effect on the date of their publication on the Partner Website and are enforceable as of the first use of the Solution throughout its use.

 

The Solution must be used by Users exclusively within the framework and in compliance with the GTU and exclusively for personal and private use. This provision is made available by Partner Websites free of charge and for strictly personal use. Any use not expressly authorized by these General Terms of Use is deemed prohibited and may subject its author to prosecution.

 

2. Definitions

These definitions apply equally in singular and plural form. 

 

GTU 

Refers to this document forming a contract between the User, the Partner, and IDILINK. The GTU must be accepted by the User before being able to save their Plans on a Partner Website.

 

Partner Account 

Refers to an account created by the User on a Partner Website. It is distinct from the KazaPlan Personal Account.

 

KazaPlan Personal Account 

Refers to the KazaPlan account created by a User upon their first registration of one or more Plans on a Partner Website. This registration requires the User to provide KazaPlan Data as well as, if applicable, Partner Data specific to each Partner Website. This KazaPlan Personal Account allows the User to access their Plans from all Partner Websites, provided that their KazaPlan Personal Account has been linked to their Partner Account.

 

KazaPlan Data 

Email and password of the KazaPlan Personal Account, chosen by the User when creating a KazaPlan Personal Account, as well as the Plans saved by the User. The Email and password allow the User to save their Plans and retrieve them on any Partner Website.

 

Partner Data  

Data other than KazaPlan Data, provided by the User when using the Solution and notably during the creation/connection to a Partner Account and/or KazaPlan Personal Account.

Partner Data is collected by each Partner, with IDILINK acting as a subcontractor, and is not communicated to any other Partner.

 

Personal Data

Refers to data collected and processed within the scope of the Solution, which are subject to the legal framework of data protection laws. 

 

KazaPlan General File

File containing all KazaPlan Data of all Users collected by IDILINK when creating a KazaPlan Personal Account and for which IDILINK is solely responsible.

 

KazaPlan Partner File

File for which a Partner is solely responsible, containing KazaPlan Data (i) collected from Users through its subcontractor IDILINK when creating a KazaPlan Personal Account and/or (ii) transmitted by IDILINK when a User wishes to access, on the Partner's Website, Plans previously saved on another Partner's Website.

 

Partner File

File for which a Partner is solely responsible, containing exclusively Partner Data, collected by the Partner, with IDILINK acting as a subcontractor.

 

Partner

Refers to companies benefiting from the rights to use the Solution in SaaS mode and making it available to Users on their own website, after accepting these GTU. The number of Partners may evolve.

 

Partner Website

Refers to the website(s) of a Partner or a web application of the Partner available on desktop, tablet, or mobile, through which a User can access the Solution via their KazaPlan Personal Account, either directly or indirectly when this KazaPlan Personal Account has been linked with a Partner Account.

 

Solution

Refers to the evolving 3D Planner KazaPlan, accessible on Partner Websites in SaaS mode and subject to these GTU. IDILINK, SARL, headquartered at rue Sadi Carnot, 59790 in Ronchin, registered with the RCS of Lille under number 509 633 715, is the sole owner of the exploitation rights of the Solution and has granted exploitation licenses to Partners.

 

User

Refers to the individual internet user connecting to a Partner Website and who has validated these GTU before being able to save their Plans. The User must act solely on their own behalf. 

 

3. Disclaimer

The provision of the Solution is currently in the experimental phase and will be constantly evolving. Therefore, the User acknowledges and accepts that developments to the Solution may occur during its use. 

 

Furthermore, the Solution may no longer be available on one, several, or all Partner Websites, without the User being able to raise any claim against any Partner or claim any compensation.

 

4. Presentation of the Solution/Features

The Solution is both an architectural software and an interior design software that allows the User to create their virtual home, including : 

• design and draw the 2D Plan of their interior, with the ability to place and move walls and partitions, add floors, doors, and windows; 
• model their interior in 3D, adding furniture from the range of furniture and accessories offered by the library of each Partner; 
• use a wide range of paints and coatings to redesign the decoration from floor to ceiling of their virtual home; 
• store their Plans online for free (not on the User's computer or other device); 
• access their own Plans from any computer and Partner Website when the Personal Account has been linked to the Partner Account of a Partner Website; 
• optionally, and using paid credits or credits provided in part by the Partner, produce HD and 360-degree renderings; 
• at the Partner's option, estimate furniture or house project, and add references to an e-commerce Partner's shopping cart.

 

5. Technical Requirements

The Solution requires no prior download before use. It is accessible via the internet using the Chrome and Firefox browsers, recently updated.

In any case, no Partner is responsible for the suitability of the Solution with the User's equipment, which remains the User's personal responsibility.

The Solution is available wherever the minimum technical conditions are met, particularly in terms of hardware, access to mobile telephony network, internet network, and technical compatibility of the equipment used.

Under no circumstances will Partners be liable for the unavailability of the Solution due to technical reasons or any other reason.

 

6. Procedure and conditions for registration to use the Solution

6.1 Use of the Solution 

Any internet user can freely and for free create Plans on Partner Websites.

This usage does not require any registration. However, it does not allow saving Plans or accessing them from a Partner Website.

To be able to save Plans, it is necessary to first create a KazaPlan Personal Account. Users can then save their created Plans online using the Solution. Once their Plans are saved, Users can at any time complete them, modify them, or benefit from any other functionality offered by the Solution by logging into the Partner Website via their KazaPlan Personal Account.

Users can also access their Plans on all other Partner Websites after, if applicable, linking their KazaPlan Personal Account with their Partner Account on each Partner Website, as stipulated in Article 6.3.

 

Use of the Solution is subject to the User being of legal age. A legal adult User may use the Solution on behalf of minor(s) for whom they exercise parental authority, which they expressly declare.

 

The Solution is also available on the website www.kozikaza.com. To ensure the proper functioning of the networked Solution (data flow), this site, in relation to Users, is treated as Partner Websites and IDILINK as a Partner. 

 

6.2 Conditions for initial registration of Plans on a Partner Website

To save online the Plans created with the Solution, Users must (i) create their KazaPlan Personal Account and (ii) if applicable, create a Partner Account.

- To create a Partner Account, Users must accurately fill out the provided form (Partner Data). Users undertake to keep their information up to date. 

- To create a KazaPlan Personal Account, the User must provide their email address and a password (KazaPlan Data), as well as other information determined by each Partner (Partner Data). To facilitate the creation of a KazaPlan Account, the Partner may provide the User's email to the Company so that the User does not have to type it. By these presents, the User authorizes the Partner to transmit their email address to the Company, to integrate it into the General KazaPlan File. Similarly, to facilitate access to the Solution, the KazaPlan Account and the User Account of the same User may be linked by means of an identifier (token), so that the User does not have to systematically enter the identifiers of their KazaPlan Account to access the Solution.

 

The User is informed that the password is personal and confidential. They undertake not to disclose it to third parties and to take all necessary precautions to prevent third parties from accessing it. The User is responsible for protecting their personal identifiers to log into their KazaPlan Personal Account and access the Solution, as well as for the activities and acts performed from their KazaPlan Personal Account. To this end, they take all necessary precautions for this protection. They are encouraged to use strong and complex passwords ("strong": passwords using a combination of uppercase and lowercase letters, numbers, and symbols). The User undertakes to promptly notify KazaPlan in case of loss or misuse of their password. Failing this, and unless proven otherwise, any connection or data transmission made using the password will be deemed to come from the User and will be under their exclusive responsibility. Claims must be addressed to KazaPlan via the contact form available on www.kazaPlan.com.  

 

After registration, Users can freely view online the Plans they have saved. They can work on their own Plans (modify them, complete them, save them again, etc.), once they have logged in from their KazaPlan Personal Account on the same Partner Website.

 

6.3. Conditions for viewing and modifying Plans on other Partner Websites 

The Solution allows, after saving their Plans on a first Partner Website, to access them on one or more other Partner Websites to view, complete, modify, and save any changes.

 

To access their Plans on one or more other Partner Websites, Users must, as applicable:

• Either visit a Partner Website to first create a Partner Account. For this, they must accurately fill out a form (Partner Data). Once registered, their KazaPlan Personal Account and Partner Account are linked by providing their KazaPlan credentials. Users can then access, on this Partner Website, the Plans saved on other Partner Websites.
• Or visit a Partner Website to enter their KazaPlan Personal Account credentials and, if applicable, provide other information (Partner Data). Users can then access, on this Partner Website, the Plans saved on other Partner Websites.

Plans modified on a Partner Website can be saved and accessed from all Partner Websites under the same conditions.

7. Users' Personal Data

In using the Solution, Users are required to provide certain information that may qualify as Personal Data to the Partner and IDILINK.

 

As KazaPlan is a tool of IDILINK intended to be available on multiple websites, its operation requires that IDILINK, which collects KazaPlan Data and is solely responsible for processing the General KazaPlan File, may communicate this to Partners. Moreover, when using the Solution, Partner Data is also collected by IDILINK as a subcontractor of the Partner. These processing operations of Personal Data are governed by this article.

 

7.1. Data Controllers 

Each Partner and IDILINK solely undertakes, with regard to the files for which they are responsible, the formalities required under personal data protection regulations. 

 

7.1.1. Files for which the Partner is responsible

- The Partner is solely responsible for the KazaPlan Partner Files and Partner Files, and is therefore solely responsible for compliance with all obligations imposed by personal data legislation, particularly regarding declarations, data collection, informing Users, and possibly obtaining their consent, as well as enabling them to exercise their rights, etc.  

However, the Partner is not responsible for how KazaPlan Data transmitted by IDILINK at the time a User wishes to access their Plans on the Partner Website was collected.

- The Partner may subcontract, notably for hosting, collecting, and processing the files for which it is responsible to IDILINK, which may itself use subcontractors.

 

Partner File

- When creating a Partner Account, the User provides the Partner with certain personal data (including Partner Data). 

- If applicable, the User also provides the Partner with other personal data collected from them by IDILINK, in particular during their navigation on the Partner Website.

 

The Partner Data collected by the Partner when the User creates their Partner Account or accesses their Plans on the Partner Website is intended for the Partner, which is solely responsible for the data in its Partner File.

7.1.2. Files for which IDILINK is responsible

During the procedure for creating a KazaPlan Personal Account, as well as during the registration/modification of each KazaPlan Data, the User communicates the KazaPlan Data to IDILINK, creator and manager of the KazaPlan Solution. These KazaPlan Data are integrated by IDILINK into the General KazaPlan File containing all KazaPlan Data from all Users of all Partner Websites, for which IDILINK alone is responsible for processing. Users can exercise their rights recognized by the French Data Protection Act (loi informatique et libertés) with IDILINK. 

 

Finally, the KazaPlan Data contained in the IDILINK General KazaPlan File are transmitted to a Partner every time a User wishes to access their Plans on the Partner's Website. In this case, the KazaPlan Data are transmitted to the Partner, who integrates them into their Partner KazaPlan File. Users can exercise their rights recognized by the French Data Protection Act (loi informatique et libertés) with the Partner.

7.2. Processing Purposes

7.2.1. Partner File and Partner KazaPlan File

The Partner Files and Partner KazaPlan Files have purposes determined by each Partner: 

 

In this case, the Partner Files and Partner KazaPlan Files, for which the Partner is responsible, have the following purposes: 

 

- To allow user identification for their personal account on the Partner's site

• To send commercial or informative newsletter(s) dedicated to the partner's activity
• To contact the client when they have given their consent
• To conduct statistics

 

7.2.2. General KazaPlan File

The General KazaPlan File has the following purposes, determined by IDILINK: 

- The operation of the KazaPlan network.

• The General KazaPlan File aims to allow the identification of the User, through their KazaPlan Personal Account, on all Partner Websites.
• The General KazaPlan File also allows access, by the User, to the Plans they have registered on all Partner Websites, which requires the transmission of KazaPlan Data by IDILINK to the Partners: 
• For Partner Websites that require the creation of a Partner Account, IDILINK transfers the KazaPlan Data to the Partner after establishing the link between the KazaPlan Personal Account and the Partner Account. The Partner integrates this KazaPlan Data into their Partner KazaPlan File. 
• For Partner Websites that do not require the creation of a Partner Account, IDILINK directly transfers the KazaPlan Data to the Partner, who integrates them into their Partner KazaPlan File. 

- Presenting examples of Plans (without indicating the User's name).

- Sending email information exclusively related to the KazaPlan Solution.

- Conducting statistics.

 

7.3. Data Recipients

- Partner Files and Partner KazaPlan Files are exclusively managed by the Partner. The Partner does not communicate Partner Data or the Partner KazaPlan File to other Partners or IDILINK. 

- KazaPlan Data from the General KazaPlan File are collected by IDILINK when the User is on the KazaPlan site or a Partner Website. When a User requests access to their Plans on a Partner Website, IDILINK transfers the KazaPlan Data of that User to the Partner, who integrates them into their Partner KazaPlan File, for which they are solely responsible. 

 

7.4. Data Retention Period

- As part of our commitment to personal data protection, we have implemented a policy for deleting accounts and data after a period of 5 years of inactivity. Although the GDPR recommends a retention period of 3 years, we have chosen a 5-year period due to the specific nature of home construction and renovation projects. These projects often extend over several years, and this extended period allows us to better meet our users' needs. Thus, if a user account remains inactive for 5 consecutive years, all data associated with that account will be automatically deleted. A notification will be sent to the user before deletion, providing the opportunity to reactivate their account if they wish. This measure aims to ensure that our users' personal information is managed securely while considering the specifics of long-term projects.

 

- Regarding KazaPlan Data from KazaPlan Partner Files and the General KazaPlan File, they are retained for a period of 5 years from the last recording of a Plan on a Partner Website. Beyond this period, Partners and IDILINK may retain the Plans for statistical purposes in anonymized form.

 

If a Partner leaves the KazaPlan network, they agree to immediately delete their KazaPlan Partner File and retain no copies, directly or indirectly.

 

If a User informs a Partner and/or IDILINK that they wish to unsubscribe from the KazaPlan network and have their personal data erased, the Partner must notify IDILINK. IDILINK will inform all other Partners, who must delete all data related to this User from the Partner Files and KazaPlan Partner Files. IDILINK will remove the User’s data from the General KazaPlan File.

 

7.5. User Rights

In accordance with the French Data Protection Act (loi informatique et libertés), every User has the right to access, rectify, oppose, and delete information concerning them. 

- Regarding Partner Files and Partner KazaPlan Files, these rights are exercised by the User solely with the Partner.

- Regarding the General KazaPlan File, these rights can be exercised by contacting the IDILINK personal data service, via the email address contact@kazaplan.com

 

7.6. Security of Personal Data

Partners undertake to have secure computer systems designed to manage the registration service (Partner Accounts and KazaPlan Personal Accounts), either directly or by using subcontractors. 

Personal data is accessible only to authorized personnel.

7.7. CNIL Declarations

Each Partner is responsible for legal obligations, including the declaration of Partner Files and Partner KazaPlan Files.  

IDILINK is responsible for legal obligations, including the declaration of the General KazaPlan File.

 

8. Intellectual Property

8.1. Users' Rights

The use of the Solution does not grant the User ownership of intellectual property rights over any program, service, graphics, logo, creation, technology, trademark, or other items related to the Solution. IDILINK and Partners are the sole owners of the databases consisting of Plans, information entered in forms, etc., and hold sole intellectual property rights over these databases under articles L. 112-3 and 341-1 and following of the Intellectual Property Code.

8.2. Non-infringement Warranty

Users who use the Solution undertake to respect all intellectual property rights of any nature related thereto. Any copying, reproduction, modification, or representation, in whole or in part, in any form and in any manner whatsoever, of the Solution or its elements, is prohibited. Users shall hold Partners and IDILINK fully indemnified in case of claims alleging a violation of intellectual property rights by the User.

 

8.3. Authorization for Use of Users' Plans

Users authorize Partners and IDILINK to exploit their Plans (and the information they contain) that they register on Partner Websites. Users thus authorize Partners to reproduce, represent, distribute, and communicate their Plans to the public. This authorization is valid for the duration of protection of the Plans by any intellectual property rights and worldwide. This authorization is granted free of charge. This authorization for reproduction, etc., may be assigned/transferred by Partners to their subcontractors. This authorization is valid for exploiting the Plans and information via the Solution, notably on Partner sites, to showcase examples of achievements or for statistical purposes. The User's name will not be mentioned in the exploitation of Plans.

 

9. Users' Rights and Responsibilities

9.1. Responsibility

The use of the 3D Plan Solution is done under the sole and entire responsibility of Users. Users are solely responsible for the information they communicate on the Solution. In case of abnormal use or unlawful exploitation of the Solution, Users are solely responsible for damages caused to third parties and for the consequences of claims or actions that may result therefrom. Users also waive any recourse against Partners and IDILINK in case of legal proceedings initiated by a third party against them due to the illegal use and/or exploitation of the Solution. It is expressly agreed that Partners and IDILINK have no obligation to retain the Plans registered by Users for a specified duration. Registered Plans may be deleted at any time.

9.2. Content

Users agree not to use the Solution to: - Publish, transmit, share, store, or otherwise make available any content contrary to public order, harmful, threatening, illegal, defamatory, unauthorized, abusive, offensive, malicious, vulgar, obscene, fraudulent, infringing on privacy or image rights, hateful, inciting violence, racial or ethnic hatred, or otherwise objectionable; - Create multiple accounts or impersonate a third party; - Transmit any element containing computer viruses or any code, file, or computer program designed to interrupt, destroy, or limit the functionality of software, computer equipment, or electronic communications; - Publish, transmit, share, store, or otherwise make available any content that constitutes or encourages criminal behavior or provides instructions on how to commit it, that infringes on the rights of a third party, or that may incur the liability of a third party or violate local, national, or international laws. Users are solely responsible for the content they integrate into the Solution, including any content that may be offensive, illegal, or infringe on the rights of third parties.

 

10. Liability of Partners and IDILINK

10.1 Access and Operation of the Solution

Partners and IDILINK make their best efforts to ensure the proper functioning of the Solution. Partners and IDILINK are not liable to Users for any warranties, express or implied, including any warranty of quality or fitness for a particular purpose of the Solution provided free of charge to Users. The Solution is generally accessible 24 hours a day, 7 days a week. However, Partners and IDILINK cannot be held responsible in the following cases, without limitation: - in case of interruption of the Solution for any reason; - in case of temporary or prolonged inability to access the Solution (and/or related websites and applications) due to technical problems, regardless of their origin and source; - in case of unavailability or overload or any other cause preventing the normal operation of the mobile telephone network used to access the Solution; - in case of contamination by possible computer viruses circulating on the network; - more generally, in case of direct or indirect damages caused to Users, of any nature, resulting from access to, or use of the Solution (and/or related sites or applications); - in case of abnormal use or unlawful exploitation of the Solution; - in case Users lose their username and/or password or in case of identity theft. - in case of deletion of Plans and the Solution.

 

10.2 User-uploaded Content

Partners and IDILINK are not responsible for the creation of content that Users upload or for such uploads, as these operations remain the exclusive responsibility of Users. Without prior moderation of the content that Users upload, Partners and IDILINK cannot be held liable for any content that may be illegal, contrary to morality or public order of the country concerned, or constitutes an infringement of the rights of others, including intellectual property rights or personal data processing. Partners and IDILINK cannot be held responsible for exchanges between Users. Therefore, Partners and IDILINK are not responsible for any content created with the Solution or for any upload of such content. Thus, in accordance with the legal qualifications defined by Article 6 of Law No. 2004-575 for Trust in the Digital Economy (LCEN) of June 21, 2004, Partners and IDILINK act as hosts for the content that Users upload. Partners and IDILINK are therefore not responsible for User content and do not have an obligation to monitor such content.

 

10.3 Public Content of the Solution

Despite the utmost care taken in creating and updating the Solution, Partners and IDILINK cannot provide any guarantee, express or implied, regarding the information contained in the Solution of which they are the authors. Therefore, Partners and IDILINK cannot be held liable for any damage, direct or indirect, resulting from any errors, inaccuracies, or omissions in the information contained in the Solution.

 

10.4 Plans Created via the Solution and Content

Partners and IDILINK cannot be held responsible for Plans created by a User via the Solution. Partners and IDILINK disclaim any liability for claims, disputes, or damages claimed by a third party or another User due to Plans, the KazaPlan Personal Account, or any other elements related to the Solution. IDILINK cannot be held responsible for the content of Partner Websites offering the Solution, their access, or their operation. Each Partner is responsible for their own website.

 

10.5 Force Majeure

Partners and IDILINK cannot be held responsible, or considered to have failed under these Terms of Use, for any delay or failure to perform, when the cause of the delay or non-performance is related to a force majeure event as defined by French court jurisprudence, including interruption, suspension, reduction, or disturbances in electricity or other disruptions, or any interruptions in electronic communications networks or in cases of events beyond their control.

 

10.6 Hyperlinks

Partners and IDILINK specify that the use of hyperlinks may lead Users to other independent websites or applications from Partner Websites. Hyperlinks established to other websites or applications from the Solution or Partner Websites shall in no event incur the liability of Partners. It is the User's responsibility to ensure the legality of hyperlinks present on the websites they visit.

 

10.7 Modification of these Terms

Partners and IDILINK reserve the right to modify the terms, conditions, and provisions of these Terms at any time, particularly due to technical, legal, or jurisprudential developments or when implementing new services.

Users are advised to regularly review the latest version of the Terms of Use provided here.

 

The continued use of the Solution as the Terms of Use are modified constitutes acceptance of these modified Terms of Use by Users.

 

10.8 Independence of Clauses

If any part of these Terms of Use is found to be null, invalid, or unenforceable for any reason, the term or terms in question shall be deemed non-existent, and the remaining terms shall retain their full force and effect and shall continue to be enforceable. The nullified terms shall then be replaced by terms that most closely approximate the content and intent of the nullified clause.

 

10.9 Applicable Law and Jurisdiction

These Terms of Use are exclusively governed by French law. Any dispute arising out of or in connection with the use of the Solution shall be submitted to the competent courts of Lille, France, notwithstanding plurality of defendants or third-party proceedings.