Terms of Service

By using our Services, you agree to be legally bound by these Terms. If you do not agree to these Terms, please do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.

Please also take the time to review our Privacy Notice, which governs your use of the Services and provides information on how we collect, use and share your information.

We may modify these Terms or the Services from time to time at our sole discretion. If we do, we will notify you by posting the updated Terms on the Site and/or through other communication methods. It is your responsibility to review these Terms whenever we make changes or when you use the Services. By continuing to use the Services after we have posted updated Terms, you agree to be bound by the changes. If you do not agree with the changes, you may not use the Services any longer. We may also change or discontinue all or any part of the Services at any time and without notice at our sole discretion, as our Services evolve over time.

You may only use the paid Services if you are 18 years of age or older and capable of entering into a binding contract with IKiBlast, and not otherwise prohibited from using the Services under applicable law.

Certain features of the Services may require you to create an account. It is important that you provide us with accurate, complete, and current account information and keep this information up to date. Failure to do so may result in the suspension or termination of your account. You are responsible for maintaining the confidentiality of your account details and password, and for notifying us immediately of any unauthorized use. You are responsible for all activities that occur under your account.

We welcome and value any feedback, comments, ideas, proposals, or suggestions you may have regarding our Services ("Feedback"). By submitting Feedback, you agree that we have the unrestricted right to use it without providing compensation or restriction to you.

IKiBlast requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fee, which we refer to as a "Subscription." By purchasing a Subscription, you agree to pay the applicable fees and charges, including any applicable taxes, which are non-refundable and non-transferable, except as expressly provided in these Terms. Payment must be made in Swiss Francs, Euro, or United States dollars.

If you purchase a monthly Subscription, you will be charged the monthly Subscription fee, plus any applicable taxes and other charges, at the beginning of your Subscription and each month thereafter, at the then-current Subscription Fee. If you purchase an annual Subscription, you will be charged the annual Subscription fee, plus any applicable taxes and other charges, at the beginning of your Subscription and each year thereafter, at the then-current Subscription Fee. Your Subscription will continue until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or us.

We may offer paid Subscriptions to certain qualifying users on a free trial basis ("Free Trial") for a specific period of time. If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup, and your use of the Free Trial is subject to your compliance with those terms. Certain limitations may exist with respect to combining Free Trials with any other offers. Free Trials are only available to users who have not previously held a paid Subscription, unless otherwise provided in the specific terms for the Free Trial offer. By agreeing to a Free Trial, you are also agreeing to sign up for a paid Subscription as described above. Unless you cancel your Subscription prior to the end of your Free Trial, we (or our third-party payment processor) will begin charging your payment method on a recurring annual basis for the applicable annual fee (plus any applicable taxes and other charges) at the end of the Free Trial until you cancel your Subscription. To avoid charges to your Payment Information, you must cancel your Subscription prior to midnight UTC on the last day of your Free Trial period.

Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content.” IKiBlast does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

Permissions to Your User Content By sharing any User Content through our Services, you grant us, our affiliates, and our licensors a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license, with the right to sublicense, to use, host, store, copy, communicate, modify, create derivative works based upon, distribute, publish, publicly display, and publicly perform your User Content.
This license is necessary for us to provide and improve our Services and will remain in effect even if you stop using the Services.

You are solely responsible for any User Content you post or share through our Services, and you represent and warrant that you have all necessary rights to grant us the license to use your User Content. You also represent and warrant that your User Content and its use on the Services will not infringe upon or violate any third-party intellectual property rights or any applicable laws or regulations.

You may remove your User Content by deleting it from the Services. However, please note that certain User Content may not be entirely removed and may continue to exist on the Services. We are not responsible or liable for any failure to remove or delete your User Content.

We grant you a non-exclusive, worldwide license to use, copy, modify, sell, create derivative works based upon, distribute, publicly display, and publicly perform Generated Content for your lawful business purposes. This license is subject to your compliance with these Terms

By using the Services and Apps, you agree to the following conditions: use them lawfully and in accordance with all applicable laws; follow the Terms, the license granted in these same Terms, and any documentation, usage guidelines, parameters, and other requirements provided by IKiBlast or its licensors, which may be updated from time to time; avoid infringing on IKiBlast's or its licensors' rights or those of any other person or entity. List of licensors is provided in the "Links to third-party privacy policies" section of IKiBlast's privacy policy visible at this link: https://www.ikiblast.com/fr/privacy. Use Generated Content in a way that aligns with IKiBlast's licensors mission and Charter, as determined by licensors in their sole discretion; comply with these Terms, any other agreements you may have, and the rights of third parties; and not attempt to circumvent call rate limits or other restrictions imposed by IKiBlast or its licensors. Additionally, you must take reasonable measures to minimize any societal harm that may result from your use. If requested by IKiBlast or its licensors, you must provide information regarding your efforts to reduce safety risks, which may be used to evaluate your compliance with these Terms and improve the Services.

You must agree to refrain from engaging in any of the following activities:

• Posting or transmitting User Content that infringes upon or violates the intellectual property rights, privacy rights, or other rights of a third party, promotes discrimination or harm against any individual or group, or is false, deceptive, vulgar, defamatory, obscene, or offensive, among other things.
• Selling, transferring, lending, or distributing any or all of the Services, except for Generated Content as allowed by the Agreement.
• Creating software that works similarly to the Services and offering it to third parties.
• Modifying, tampering with, or creating derivative works of the Services.
• Using the Services to distribute any malicious or harmful code or software not authorized by users, or to discover any underlying components of IKiBlast’s models, algorithms, and systems.
• Removing, altering, or obscuring any notice of intellectual property right on the Services.
• Interfering with or attempting to interfere with the functionality or proper working of the Services.
• Using or displaying the Services, IKiBlast’s name, logo, or proprietary information, or the layout and design of any page or form, without written consent.
• Accessing non-public areas of the Services, IKiBlast’s computer systems, or its providers' technical delivery systems.
• Attempting to breach any security or authentication measures, or testing the vulnerability of any IKiBlast system or network.
• Avoiding, bypassing, or deactivating any technological measure implemented by IKiBlast or any third party to protect the Services.
• Using any tool or mechanism to access or search the Services, except the software and search agents provided by IKiBlast.
• Extracting data from the Services or IKiBlast’s software or systems using web scraping or other methods.
• Sending unsolicited or unauthorized promotional materials, spam, or other forms of solicitation.
• Using any IKiBlast trademark, logo, URL, or product name without written consent.
• Using the Services for commercial purposes or the benefit of any third party, or in any way not allowed by these Terms.
• Altering or forging any TCP/IP packet header or header information in any email or newsgroup posting using the Services.
• Attempting to reverse engineer, decompile, or disassemble any component or software used to provide the Services.
• Interfering with the access of any user, host, or network, or engaging in activities such as spamming or flooding the Services.
• Collecting or storing personally identifiable information from other users without their consent.
• Impersonating or misrepresenting your affiliation with any person or entity.
• Providing or uploading any Protected Health Information to the Services.
• Using the Services in a way that causes societal harm or violates any applicable law or regulation.
• Encouraging or enabling any other individual to engage in any of the activities listed above.

Please note that IKiBlast is not responsible for monitoring or reviewing content posted on the Services.

IKiBlast is committed to complying with copyright law and expects its users to do the same. We reserve the right to terminate the accounts of users who repeatedly infringe the copyrights of others.

The Services may provide links to third-party websites or resources as a convenience to our users. However, we do not endorse or take responsibility for the content, products, or services offered by these third-party resources, and users assume all risk and responsibility for using them.

We may suspend or terminate your access to the Services or your account at any time and without notice, at our sole discretion. If you wish to cancel your account, please email us at ico@ikimera.com.

The Services are provided "as is" without any warranty of any kind, whether express or implied. We and our licensors expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing or usage of trade. We make no warranty that the Services will meet your requirements, be uninterrupted, secure, or error-free. We also make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

You agree to indemnify and hold IKiBlast, its licensors, affiliates, and each of their officers, directors, employees, representatives, and agents harmless from any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including reasonable legal and accounting fees, arising from or in any way connected with

• Your access to or use of the Services,
• Your User Content,
• Your violation of these Terms, or
• Your actual or alleged infringement, misappropriation, or violation of IKiBlast's, its licensors', or any third party's intellectual property or proprietary rights.

IKiBlast and its affiliated service providers and licensors shall not be held accountable for any incidental, exemplary, special, or consequential damages that may arise from the use of or inability to use the Services, including but not limited to lost profits, revenue, savings, business opportunities, data, goodwill, service disruption, computer damage, system failure, or costs of substitute services.

• This liability limitation holds true whether the claim is based on a warranty, contract, tort (including negligence), product liability, or any other legal theory, and regardless of whether IKiBlast or its licensors or service providers were informed of the possibility of such damages. Furthermore, even if the limited remedy specified in these Terms is found to have failed of its essential purpose, IKiBlast and its service providers and licensors will not be held accountable for any such damages.
• Subject to the maximum extent permitted by the law of the applicable jurisdiction, IKiBlast's total liability arising out of the use of or inability to use the Services or these Terms will not exceed the amounts you have paid or are obligated to pay to IKiBlast for use of the Services. If you have not had any payment obligations to IKiBlast, you are not entitled to any monetary compensation.
• The exclusions and limitations of damages stated above are essential aspects of the agreement between IKiBlast and you.

These Terms and any legal action relating to them will be governed by the laws of the Swiss Confederation, regardless of its conflict of laws provisions. For any disputes that are not required to be resolved through arbitration as outlined in next Section "Dispute Resolution," both you and IKiBlast agree that the exclusive jurisdiction for such disputes will be in the courts located in Geneva, Switzerland. Additionally, you and IKiBlast waive any objections to jurisdiction and venue in these courts.

Mandatory Arbitration of Disputes: (a) We both agree that any Disputes relating to these Terms or the use of the Services will be resolved solely by binding individual arbitration and not in a class, representative, or consolidated action or proceeding. The arbitration will be governed by Swiss law, and you and IKiBlast waive the right to a trial by jury or to participate in a class action. This dispute resolution provision will continue to apply even after the termination of these Terms. (b) There are limited exceptions to above paragraph: (i) we may seek to resolve a Dispute in small claims court if it meets the criteria, and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent or enjoin the infringement or misappropriation of our intellectual property rights. (c) The payment of all filing, administration, and arbitrator fees will be governed by Swiss law. If we prevail in court, we will pay all our attorneys' fees and costs and seek to recover them from you. (d) Injunctive and Declaratory Relief. The court will decide all issues of liability in any claim brought by either party, and may award injunctive or declaratory relief only to the party seeking such relief and only to the extent necessary to address their individual claim. However, if either party prevails on a claim and seeks injunctive relief that is intended to prevent future harm to the public, such relief must be litigated in a civil court of competent jurisdiction rather than through arbitration. The parties agree to stay any litigation of public injunctive relief until the outcome of individual claims in court is determined. This provision is subject to the exception set forth in second paragraph (limited exceptions) of this section. (e) Class Action Waiver. Both you and IKiBlast agree to only bring claims against each other as individuals, and not as part of any class or representative proceeding. (f) Severability. If any part of these Terms is found to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, the other parts of these Terms will remain in effect, except for the provisions expressed in these terms of use.

Reservation of Rights: (a) IKiBlast and its licensors hold complete ownership of the Services and their associated intellectual property rights. However, IKiBlast's licensors may have exclusive ownership of Generated Content. You acknowledge that the Services are protected by the copyright, trademark, and other laws of the Swiss Confederation and foreign countries. It is strictly prohibited to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices that are integrated into or accompany the Services. IKiBlast claims no ownership of Generated Content. (b) Entire Agreement. These Terms represent the complete and exclusive agreement between you and IKiBlast regarding the Services, and they replace any previous oral or written agreements or understandings between you and IKiBlast on the same subject. In case any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction or arbitrator, the provision will be enforced to the maximum extent permitted by law, and the other provisions of these Terms will remain valid and enforceable. You cannot transfer or assign these Terms without the prior written consent of IKiBlast. Any attempt to do so without their consent will be deemed null and void. However, IKiBlast can freely transfer or assign these Terms without restrictions. These Terms will be binding upon and benefit both parties, their permitted successors and assigns, subject to the provisions set forth above. (c) Notices. IKiBlast may provide any notices or communications related to these Terms via email or by posting them to the Services. In the case of notices sent by email, the date of receipt will be considered the date on which the notice is transmitted. (d) Waiver of Rights. Any failure by IKiBlast to enforce a right or provision in these Terms will not constitute a waiver of that right or provision. A waiver of any such right or provision will only be effective if it is in writing and signed by an authorized representative of IKiBlast. Unless explicitly stated in these Terms, the exercise of any remedy by either party will not prejudice their other remedies under these Terms or in any other way.

If you have any inquiries about the Services or these Terms, please feel free to contact IKiBlast at the following address:
I Kimera, La Macchia Digital Advisory Services, 7 route de Crassier, 1262 Eysins Vaud Switzerland
ico@ikimera.com