Disclaimer

The website located at https://klaro.cards (hereafter referred to as “Website”) and the Klaro application (hereafter referred to as “Application”) are the initiatives of:

Klaro App SRL (hereafter referred to as “Klaro App SRL” and “We”)
Chaussée De Chastre, 985140 Sombreffe, Belgium
VAT BE0698.790.176
info@klaro.cards
+32477245861

General

Use of the Website presupposes rights and obligations defined in this disclaimer (the “Disclaimer”) as well as in our Cookie Policy and our Privacy Notice. Together these documents make up our “Terms and Conditions” (hereafter referred to as “Conditions”).

The Conditions apply to us, Klaro App SRL, as well as to you, the user. You are considered a user as soon as you visit our Website or download, install or use our Application, whether already registered or not.

As soon as you use our Website or our Application, you expressly understand and accept that our Conditions apply, take precedence over any other general conditions and that any of your own terms and conditions do not apply. We therefore recommend you to read the Conditions.

In exceptional circumstances we may act according to a particular modification of the Conditions, but only on condition that any such modification is made in writing, accepted and signed for by all parties concerned. Any such modification is only pertinent to its associated clause and does not affect any other clause in the Conditions.

Our Website and our Application

Registration

Access to the Application requires the prior creation of a user profile. When creating a user profile a user agrees to provide precise, true, up to date information. The communication of erroneous or false information is considered to be a contravention of the Conditions.

A user profile is strictly personal, confidential and non-transferable to any third party. Among other responsibilities, a user is the only one responsible for use made of their user profile. A user must take care that their login details remain strictly confidential. Klaro App SRL is not obliged actively to watch over user profiles but may do so if this is needed.

Users may not make purchases via the Application or the Website, with the exception of a subscription to a paid plan as an upgrade from the free version of Klaro. We care very much about the discernment of our users, particularly young users. This is why we believe that a user should be at least thirteen (13) years old to be authorised to install and use the Application, conforming with GDPR (General Data Protection Regulation). If you are less than thirteen (13) years old and you install or use the Application, we presume that you have requested and obtained the implicit or explicit prior consent of your parents or guardians. We actively work to implement measures aimed at preventing use of the Application by those under the required age and by those who have not obtained the necessary authorisation.

Proper functioning, security and accessibility

We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Website and our Application, nevertheless we cannot absolutely guarantee continuous operation nor that any flaws are immediately solved, nor that the Website and the Application and the server hosting it are completely free from viruses or other malicious elements. This is an obligation of means and not of result.

These security measures guarantee a level of security adapted to the risks of data processing. To determine adequate security measures, the parties take into account technical considerations, costs and the nature, scope, context and implications of data processing as well as the risks for the rights and freedoms of those concerned.

All use of the Website or Application is made at the user's own risk. We cannot be held responsible for any damage proceeding from possible malfunction, interruption, fault or other detrimental element present on the Website or Application or for direct or indirect damage associated with use of the Website or installation/use of the Application.

Klaro App SRL reserves the right to restrict access to the Website or Application, or to interrupt the functioning of the Website or Application, in whole or in part, at any time, without any prior notification.

To ensure the correct functioning of the Website and the Application, Klaro App SRL reserves the right at any moment to publish new versions, updates and releases of the Application and the Website. These Conditions continue to be applicable in their entirety to all new versions. The user is not obliged to install new versions, although doing so is strongly recommended.

Website and Application content

Klaro App SRL determines most of the content of the Website and Application and takes great care of the information found on them. Klaro App SRL takes all possible measures to keep the information on the Website and Application as complete, accurate and up to date as possible, even where this information is provided by third parties. Klaro App SRL reserves the right to modify, develop or delete at any moment the Website, the Application or their content, without any direct or indirect liability.

The Application and associated services are offered “as is” and “as available”. Klaro App SRL cannot offer any guarantee concerning the quality of the information found on the Website or Application. It is possible that information may not always be complete, accurate or up to date. Therefore, we cannot be held responsible for any damage, whether direct or indirect, tangible or intangible, the user may experience proceeding from any information present on the Website or Application.

If any content on the Website or Application violates applicable laws and/or the rights of third parties and/or is unethical, please inform us and Klaro App SRL will take appropriate measures. Notably Klaro App SRL may partially or totally delete such content.

The Website and Application contain downloadable content. Any download from the Website or Application is always made at the user's risk. Klaro App SRL cannot under any circumstances be held responsible for any damage, whether direct or indirect, tangible or intangible proceeding from a download.

Klaro App SRL cannot and may not be held responsible for any loss and/or damage of any kind resulting from the suspension, interruption, (technical) interference, delay, difficult access and/or blocked access to whole or part of the Website or the Application, or any virus or other malicious elements present on the Website or the Application.

Users who notice the presence of viruses or other malware on the Website are kindly asked to notify Klaro App SRL thereof on the following address: (security@klaro.cards in order to enable Klaro App SRL to take appropriate measures. Klaro App SRL advises users to install proper firewalls, antiviruses and other software on their end-user devices to protect them from any damage.

The Website, the Application and their components and all information, software, installations and services pertaining to it are delivered as such, as available without any guarantees (not explicit, nor implied).

Klaro App SRL is not responsible either if a force majeure event causes disruption to the Website or the Application.

In order to be valid, any possible complaint by the user relating to the Website or the Application must be communicated in writing within eight (8) calendar days of becoming aware of the fact which gives rise to the complaint. The absence of any complaint in accordance with the aforementioned rules entails the unconditional and unreserved acceptance by the user of the fact that gives rise to the complaint and, de facto, the definitive renunciation of any claim on this account.

The user's responsibility

The user has a certain responsibility for the proper functioning of the Website and Application. At all times the user must comply himself/herself with applicable law and abstain from any action that may jeopardise the proper functioning, security and use of the Website and Application. For example the Website and Application may not be used in attempts to circumvent our Business Model and/or to harvest information about other users.

If a user contravenes the Conditions, breaks the law, encroaches on the rights of third parties or goes against the general principles of the Internet, Klaro App SRL reserves the right to take all reasonable and appropriate measures. Notably Klaro App SRL may, temporarily or definitively, block a user's right of use. Klaro App SRL is not obliged to inform a user in advance of such measures being taken. If a user believes that measures have been taken unjustly, they may let Klaro App SRL know in writing (see address above) or by email (info@klaro.cards). Klaro App SRL is in no way obliged to stop any measures that have been taken and may not be held to any kind of indemnity for this.

Notably it is forbidden to use the Website and Application to spread content that may damage Klaro App SRL or other users, such as malware and computer viruses. Is also forbidden the use of the Website and Application for non-solicited and/or commercial messages, undesirable emails, spam and chain letters.

Klaro App SRL reserves the right to take all necessary measures, both immediately practical and via legal channels, to resolve such issues for itself and for its users. Personally and exclusively, the user is fully responsible for any of their actions and/or behaviour that damage the Website, Application, Klaro App SRL or other users. In this case the user at fault understands and accepts that Klaro App SRL is exonerated from any associated complaint or damage.

Users are not authorised to modify the Application or the Website. If a user does this Klaro App SRL is in no way responsible for any damage that may occur due to such modifications.

Links to other Internet websites

The Website and Application may contain links or hyperlinks to external websites. These links do not automatically imply that there is a relationship between Klaro App SRL and the external websites or that Klaro App SRL has checked or agrees with the content on the external websites.

Klaro App SRL has no control over external websites.We therefore are not responsible for the (dys)functioning of hyperlinks and their destinations. From the moment a user clicks on a link, they leave our Website or Application. Therefore, we may not be held responsible in case of any damage either.

It is likely that external websites do not offer the same guarantees as Klaro App SRL.We suggest therefore that the user of any external website carefully reads the website's terms and conditions as well as their disclaimer and privacy notices.

Intellectual Property

The content we publish on the Website and Application may be protected by intellectual property rights (more specifically copyrights and neighbouring rights, trademark rights, etc) that are owned by Klaro App SRL. “Content” includes information, logos, branding, models, slogans, databases, texts, designs, pictures, videos, etc. that are available on the Website and Application. The technical character of the Website, including the code of the Website itself, is also protected by intellectual property rights.

By visiting the Website or Application, the user is granted a limited right to access, use and display the Website and Application and their content. This right is granted for an indefinite duration, in a non-exclusive manner, is non-transferable, revocable at all times without any reason and only covers personal and non-commercial use. Unless there is prior written agreement from Klaro App SRL, users are not authorised to modify, reproduce, translate, distribute, sell, borrow, rent or publish to the public any part, or all, of the protected elements.

The user may at any time and without any obligation put an end to their right of use by stopping to use the Website or Application. Stopping to use the Website or Application does not mean that the user's profile will be automatically deleted. If a user wishes definitively to delete their user profile, they must post a signed and dated written request to Klaro App SRL (see address above) or send the request by email (info@klaro.cards). Klaro App SRL will inform the user of actions taken following such a request, no later than one (1) month following receipt of the request.

The content of the Website and Application may not be reproduced, used or communicated without prior and written authorisation from Klaro App SRL or from the rightsholder(s), otherwise such actions constitute a violation of copyrights and/or designs and/or trademarks, punishable by the applicable law.

The user may add texts and content (images, pdfs, etc.) in their own Klaro projects. The user is responsible for such content and holds the intellectual property rights associated with it – if any – without prejudice of Klaro App SRL’s own rights.

Protection of personal information

The information that you provide is necessary to the correct functioning of our service. Providing incorrect or false information is considered to be a breach of our Conditions. Users are requested to contact us should they notice any error or incorrect information. The personal information of users is treated in accordance with our Privacy Notice, which may be accessed via the Website or Application.s

General Provisions

The failure of Klaro App SRL to avail itself, at a given moment, of a provision of the Conditions shall not be construed as a waiver of its rights thereunder at a later date.

Klaro App SRL reserves the right to modify, expand, delete, limit or interrupt the Website, Application and all associated services at any time without prior notice, without any justifications and without any indemnity being incurred. Our Conditions are governed by Belgian law. All litigation relative to the validity, interpretation and execution of our Conditions will be submitted to the jurisdiction of the courts of Namur, Belgium. The illegality, nullity or invalidity of any part or whole of any clause from the Conditions in no way affects the validity and application of the other clauses in the Conditions. In such a case we reserve the right to replace an inapplicable clause with another similar clause that is legally valid whose purpose will be as close as possible to that of the provision to be replaced.