Legal Notice & CSU

Company

Kameleoon, simplified joint stock company with a capital of 359 527 €
RCS Aix-en-Provence: 507 754 570
SIRET: 507 754 570 00046
VAT number: FR69507754570
Code NAF: 5829C - Code APE: 722C
Training organization number: 119107 157 91

Address

12 rue de la Chaussée d'Antin - 75009 Paris
France

Contact

[email protected]
+33 (0) 1 83 62 20 50

Responsible for publication: Jean-René BOIDRON

Web Hosting

Hetzner Online GmbH
Industriestr. 25
91710 Gunzenhausen
Germany

Tel: +49 (0)9831 505-0

Data protection

For questions about the processing of your personal data by us or about data protection in general, please contact: [email protected]

Please read these General Conditions of Sales and Use before using Kameleoon’s services, including but not limited to Kameleoon’s website, support documentation, and SaaS application. By using Kameleoon’s services, you accept and agree to abide by these General Conditions of Sales and Use. If you do not agree to these General Conditions of Sales and Use, you must not use Kameleoon’s services. 

1. Preamble

The company Kameleoon (hereinafter "Kameleoon") designs and creates a range of software solutions for companies wishing to industrialize the A/B tests and web personalization for their website and feature management and experimentation practices for their products (hereinafter the "Software").

It offers its customers services (hereinafter "Services"), such as:

• The availability of its Software as a Service (SaaS). Software as a Service is a technology consisting of providing services or software through the Web "purchased" via a subscription system.
• Training in the use of the Software.
• The creation of A/B tests, web personalizations and feature experiments and the performance of feature management practices using the Software.

2. Purpose

Kameleoon allows the Client to access the software and to use it for commercial purposes. For this purpose, the Client will have access, via the www.kameleoon.com website and the Kameleoon application at app.kameleoon.com, to the different elements that are necessary for the proper execution of the service, including access to the Software as well as technical support. These General Conditions of Sales and Use aim, throughout their period of validity, to define the contractual framework governing all Kameleoon Services used by the customer.

3. Duration

The present Conditions come into effect from the beginning of use of the Software by the Client till its end.

4. Use of Kameleoon

Kameleoon agrees to guarantee continuity of Service, by the provision of three services it ensures the proper functioning:

• An online back-office accessible from https://app.kameleoon.com.
• The generation of variations of a page or software feature through the use of Kameleoon editors (graphic or code) or SDKs.
• The visualization by targeted visitors of variations implemented and their monitoring in the analytics module offered by Kameleoon and/or in the analytics system used by the Client.

5. Intellectual Property

a. Software

Kameleoon declares to be the holder of all intellectual property rights for the Software, as well as the associated documentation and has all rights necessary for their distribution to the Client.
The right of use of the Software licensed to the Client involves no transfer of intellectual property to the benefit of the latter. Consequently, the Client shall not act or do anything that may directly or indirectly affect the copyrights owned by Kameleoon regarding the Software or any other intellectual property prerogatives that might be associated with the software, such as those relating to industrial property.

b. Studies and Documents

Kameleoon keeps full ownership of studies and documents produced by Kameleoon during the fulfillment of the contract.

6. Responsibility

The parties expressly agree that Kameleoon has an obligation of means for the proper execution of all services referred to in the General Conditions.

It is agreed that the Client is responsible for the verification of operations and proper functioning of its own website or application. Kameleoon is committed to deliver to the Client a tool that can be used on the Client’s website, web application, or mobile application.

Kameleoon draws the Client's attention to the fact that web and feature optimization is a complex and technical subject, that the solution provided by Kameleoon is powerful and that the Client is therefore able to create variations that can deeply change the ergonomics of its website and application. Kameleoon therefore strongly encourages the customer to regularly check the correct operation of the website (including through the simulation tool available) and application and set up a quality assurance policy (QA).

Kameleoon can’t be held liable if:

• The Client has not fulfilled his obligations, as provided herein and in the specific conditions.
• In case of error or negligence on the part of the Client of one of its employees, or a third-party appointed by the Client.

The responsibility of each party may not be held liable for the consequences of direct damage, to the exclusion of indirect damages.

The Customer also has to ensure (i) not to make unlawful use of the Software, documentation and studies derived therefrom and (ii) to take all necessary steps to ensure compliance with laws and regulations for the use of the Software, including with regard to personal data that the Customer is able to handle and possible information from third-parties. 

The Customer declares to be the only responsible party for this usage and will be the only determinant of the latter. 

Kameleoon cannot be held responsible for the use of the Software by the Client. Therefore, the Client guarantees Kameleoon against any action or claim from a third-party, regardless of its basis and relative to the use of the Software.

7. Personal Data

Each party should comply to governing regulations as far as the protection of personal data is concerned, particularly with law No. 78-17 of January 6, 1978, amended by the Law of August 7, 2004, regarding computer science, files and liberties (hereinafter Data Protection Act), and more particularly for cross-border flows outside of the European Union.

8. Electronic Communications

By using Kameleoon’s website and/or the services provided by Kameleoon, you expressly consent to receiving electronic communications from Kameleoon. These electronic communications may include notices about transactional information and other information concerning or related to the site and/or services provided by Kameleoon. You may be able to opt out of some of these communications. These electronic communications are part of your relationship with Kameleoon. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

9. Force Majeure

Force majeure suspends the obligations of both parties. Force majeure conditions will be those normally set out in law.

10. Insurance

Kameleoon claims to have purchased from a reputable insurance company, a professional insurance for all bodily, material and immaterial damages caused to the Client or a third-party in connection with the execution hereof.

11. Reference

Kameleoon is expressly authorized to mention the Client and the work accomplished under this contract as a commercial reference in its communications with third-parties. Kameleoon agrees to terminate such use upon written request by the Client.

12. Entirety

The present General Conditions of Sales and Use express all obligations of the parties. No other technical, advertising or commercial document and no prior communication prior to the signature of the Agreement may give rise to an obligation for one of the parties.

13. Disputes

Relations between the parties are subject to French law. In case of dispute between the parties relating to the formulation, interpretation and/or enforcement of the contractual documentation between the parties, the jurisdiction is assigned to the Commercial Court of Paris, despite multiple defendants or warranty, even for emergency procedures or protective procedures in summary proceedings or petition.

Published in New York on April 10th, 2023