Terms of service

These terms of service ("Terms") are a legally binding agreement between you and Kern IT (company number BE0845906217, Rue Belliard 2A, 1040 Brussels, Belgium) regarding your use of our platform and services.

By accessing or using our services, you agree to these Terms and to our privacy policy. If you do not agree, you may not use our services.

Kern IT provides Capyly, a location-based communication platform (the "Service") that lets you:

• Discover and explore places on an interactive map
• Join the rooms of a place and take part in real-time conversations
• Share moments and meet the people who are at a given place
• Create a free account and manage your profile

We may modify, suspend or discontinue any part of the Service at any time, with or without notice, subject to applicable law.

To use the Service, you create a free account with accurate and complete information. You agree to:

• Provide accurate, current and complete information when registering
• Keep your information accurate and up to date
• Keep your account secure and accept responsibility for what happens on it
• Not share your magic links or account access with others
• Tell us immediately about any unauthorised access or security breach

We use passwordless authentication through magic links sent to your email address. You are responsible for the security of your email account.

You must be at least 16 years old to use the Service. By using it, you confirm that you meet this requirement.

Capyly is currently free for users. We may introduce paid features or subscription plans in the future, with advance notice.

You agree not to use the Service to:

• Break any law or regulation
• Infringe intellectual property rights
• Send harmful or illegal content
• Harass or intimidate others
• Interfere with or disrupt the Service
• Attempt unauthorised access
• Use automated tools without permission
• Reverse engineer the platform

Breaking these rules may lead to the immediate suspension or termination of your account.

Our rights

The Service (its content, features, software, designs, text, graphics and trademarks) belongs to Kern IT and is protected by Belgian and international intellectual property law.

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for personal purposes, subject to these Terms.

Your content

You keep all rights to the content you create or upload through the Service ("Your Content"). By uploading it, you grant us a worldwide, non-exclusive, royalty-free licence to use, store, display and transmit Your Content solely to provide the Service to you.

You confirm that you own or have the necessary rights to Your Content and that it does not infringe third-party rights or applicable law.

Our processing of your personal data is described in our privacy policy, which complies with the GDPR and Belgian data protection law.

By using the Service, you agree to the collection, use and sharing of your information as described there.

The Service is provided "as is" and "as available", without warranties of any kind, express or implied, to the fullest extent permitted by law.

We do not warrant that the Service will be uninterrupted, secure or error-free, or that defects will be corrected.

Nothing in these Terms excludes or limits warranties or liability that cannot be excluded or limited under Belgian law or EU consumer protection law.

To the maximum extent permitted by Belgian law, Kern IT is not liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data or use.

This limitation does not apply to liability that cannot be excluded under mandatory Belgian law, including liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Intentional misconduct or gross negligence

By you

You can close your account at any time from your account settings or by contacting us.

By us

We may suspend or terminate your account immediately if:

• You break these Terms or the acceptable use rules
• Your account has been inactive for an extended period
• The law requires us to

Effect

When your account ends, your right to use the Service ends with it. We may delete Your Content and account data in line with our retention policy and applicable law.

We may change these Terms at any time. We notify you of material changes by:

• Email to your registered address
• A visible notice on the Service
• Updating the "last updated" date at the top of this page

Continuing to use the Service after the new Terms take effect means you accept them.

Governing law

These Terms are governed by Belgian law, without regard to its conflict of law rules.

Jurisdiction

Any dispute arising from these Terms or the Service falls under the exclusive jurisdiction of the courts of Brussels, Belgium.

Consumer rights

If you are a consumer under Belgian or EU law, nothing in these Terms affects your statutory rights, including the right to bring proceedings in your country of residence.

• Entire agreement: these Terms, together with our privacy policy, form the entire agreement between you and Kern IT.
• Severability: if a provision is found invalid, the others remain in full force.
• Waiver: not enforcing a right or provision is not a waiver of it.
• Assignment: you may not assign these Terms without our prior written consent.

For any question about these Terms:

Company

Kern IT

Company number

BE0845906217

Address

Rue Belliard 2A, 1040 Brussels, Belgium

Email

legal@kernit.be