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1. Definitions

The following definitions are applicable whether the terms defined below are used in singular or plural:

• Account means your User account associated.
• Agreement means the present Terms and conditions as accepted by the User by using the Service.
• Service means any or all (as the case may be) of the services described herein.
• Terms and conditions means these terms and conditions including its preamble, definitions and our current Price List and License conditions and any related updates.
• “we", "us" or "our" means KOTZILLA SAS, French company founded by Arnaud Giuliani and Michaël Montoya, duly registered under n° 921 682 076 at the Toulouse Registry of Commerce in France and having its main office at 2 boulevard d'Arcole 31000 Toulouse, France.
• KOTZILLA PLATFORM refers to the software analysis tool developed by KOTZILLA SAS under proprietary license and duly deposited at the French APP (Agence pour la Protection des Programmes).
• KOTZILLA SDK refers to the KOTZILLA PLATFORM Software Development Kit, developed by KOTZILLA SAS under proprietary license and enabling Raw Data collection.
• KOTZILLA Tools or Tools refers to the set of User software interface tools that manage the Customer Subscription, consulting the Final Data and any other Services related report.
• Koin refers to the Koin opensource software used as a dependency injection framework licensed under the Apache 2 license. Supported and developed by Arnaud Giuliani and opensource contributors as a stand-alone product. KOIN is used by Customers in their Android Target Application.
• Kotlin™ is a programming language particularly used for building Android applications. Kotlin™ is protected under the Kotlin Foundation and licensed under the Apache 2 license. Supported and developed by JetBrains and opensource contributors.
• Client or Customer or You or User indifferently refers to you as the counterparty of the present Subscription Contract to whom the Terms and conditions apply and owner of or responsible for the Target Application.
• Parties refers collectively to You and Us as parties to the present Agreement.
• End User refers to the natural person using the Target Application. For the avoidance of doubt, End Users are not party of the present Agreement.
• KPI stands for Key Performance Indicator and refers to the specific indicators of Final Data as described in the Services.
• Raw Data refers to the real time KOIN related software data generated by any user while using the Target Application. Raw Data may include technical device information such as telephone brand or edition. Raw Data does not include any End User's personal data in a way that may enable any personal identification or link.
• Final Data or Processed Data refers to post-treatment data provided through KOTZILLA Tools.
• Target Application or Application refers to the Customer application object of the present Subscription Contract and that is the target for the Services.
• Server refers to servers used by KOTZILLA SAS for providing SERVICES. Servers contract, policy and location are under the exclusive decision of KOTZILLA SAS. Website means our website accessible from www.kotzilla.io, and which includes a public website and a series of confidential and private webpages which are exclusively dedicated to each Customer.

2. Services description

2.1. General Description

2.1.1. KOTZILLA PLATFORM specializes in comprehensive Android application architecture analysis, distinctly emphasizing the Koin-based components of your Target Application.

2.1.2. By doing so, your programing teams will have reliable information on the Target Application behavior and be able to correct its infrastructure making it more reliable.

2.1.3. KOTZILLA PLATFORM oversees and provides insights on your application’s infrastructure stability and robustness, empowering your team to foresee production challenges and mitigate risks associated with crashes, underperformance, and scalability constraints.

2.2. Data storage and monitoring

2.2.1. Either RAW or Final Data storage is ensured by KOTZILLA SAS

2.2.2. The default Raw Data storage policy allows for a seven-day rolling period, operating on a First In, First Out (FIFO) basis. This means that on the eighth day, the earliest stored ("day 1") Raw Data is deleted. Consequently, under the standard Subscription Contract, no restitution of Raw Data is provided once it is removed.

2.2.3. Final Data is available on a permanent basis and stored as per a FIFO (First In First Out) logic. During this rolling period of time, Customer has access (view) to the Final Data and monitoring as defined in the Services. This is called the Analysis Period.

2.2.4. Outside the Analysis Period, Customer has access (view) to a series of static KPI (defined in Services) which remain available unless Contract Termination.

2.2.5. KOTZILLA SAS may delete your account and its content including the Final Data after a period of 6 months without any activity or login from the Customer.

2.2.6. KOTZILLA SAS does not engage on any additional data storage request. Therefore, any additional Customer storage need shall be treated on case by case following a Customer duly written request and is not covered by the standard Subscription Contract but subject to a specific amendment.

2.3. New Features:

2.3.1. KOTZILLA SAS shall not be bound to develop any new features nor to offer any new service or make any specific development requested by any Customer.

2.3.2. The use of available new features as may be released by KOTZILLA may be subject to additional Fees, not mentioned in the Subscription.

2.4. Support:

2.4.1. KOTZILLA SAS shall provide Support to the Customer during normal business hours.

2.4.2. KOTZILLA SAS will use commercially reasonable efforts to respond to all major issues. For the avoidance of doubt, questions which are not technical in nature and which relate e.g., to the availability of a specific service, shall not be part of the Support.

2.4.3. KOTZILLA SAS shall not be bound to answer all such questions but shall endeavor to do so as soon as reasonably practicable.

3. Provision of Services

3.1.1. We agree to make the Services available to you on the terms and conditions of this Agreement.

3.1.2. This Agreement will start, and you are deemed to accept the Terms and conditions of this Agreement, when you start Using the Service.

3.1.3. You may cancel the Agreement at any time in accordance with articles below.

3.1.4. The Service may not be available in all countries and may be restricted to certain areas.

3.1.5. Our Service may from time to time require updating, upgrading, modification, maintenance or other work which may result in partial or complete non-availability of the Service.

3.1.6. From the moment you create your account with us, you may use our services on a Free of charge basis, following conditions described in section 6.2.

3.1.7. We will use reasonable endeavors to maintain the Service but it may be incomplete, out of date or inaccurate and is provided on an “as is” basis. As we allow you access to the Services, you accept that we will not be liable for any action you take in reliance on the Service.

3.1.8. We may vary the technical specification of the Service from time to time.

3.1.9. The Service enables access to Processed Data. You may only use Processed Data in a way that does not infringe the rights of others ('Approved Use') and you must comply with all other instructions issued by us regarding the use of Services and Tools.

3.1.10. You are solely responsible for evaluating the accuracy and completeness of any Processed Data and the value and integrity of the Services offered. We will not be a party to or in any way responsible for any use concerning Processed Data.

3.1.11. We may cap your Raw Data capacity. Any use in excess of these caps will be charged at our Raw Data standard rates. For data consumption cap and related rates to be charged see Commercial Conditions below.

4. Exclusions - No warranty

4.1.1. KOTZILLA makes no representation and gives no warranty that KOTZILLA PLATFORM or KOTZILLA PLATFORM SDK are error free. The obligation of KOTZILLA SAS is limited to making reasonable efforts (obligation of means) to make sure that KOTZILLA Tools operate as expected and constitute a reasonably dependable tool for the provision of the Services.

4.1.2. KOTZILLA SAS shall use reasonable efforts consistent with prevailing industry standards to maintain the KOTZILLA Tools in a manner which minimizes errors and interruptions in the Services. Services may however be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by KOTZILLA SAS or by third-party providers, or because of other causes beyond KOTZILLA SAS’s reasonable control.

4.1.3. KOTZILLA SAS shall use reasonable efforts to provide advance notice of any scheduled service disruption.

4.1.4. KOTZILLA SAS does not engage on the Tools availability in case of crash or another major incident or bug. Any different or specific security or resilience need should be addressed on case-by-case basis on a specific contract prior to subscription.

5. Customer Obligations

5.1.1. The Customer shall be responsible for obtaining and maintaining any IT equipment and ancillary services (incl. a good internet connection) needed to connect or access to, or to otherwise use the Tools and the Services inherent therein, including, without limitation, modems, hardware, servers, software, operating systems, and internet connection.

5.1.2. The Customer shall also be responsible for maintaining the security and integrity of such equipment and training its personnel.

6. Payment for the Service

6.1. General description

6.1.1. Payment for accessing the Service is made through your credit card or account number provided upon subscription.

6.1.2. No refund will be made at any time.

6.2. The Free of Charge option – Solo Devs offer

6.2.1. The free of charge version allows You the processing of 2 million events monthly, for 1 application and 1 developper seat, within the ongoing calendar month. This means that if You reach the limit before the end of the ongoing month, you will be required to purchase extra event processing or wait for the next month to continue benefiting from KOTZILLA PLATFORM benefits. Any remaining data quota at the end of a month will not carry over to the next month.

6.3. The Development stage option – Dev Team offer

6.3.1. This option allows you to benefit from KOTZILLA PLATFORM functionalities for your Development Team, with a focus on development stage. Purchase 1 seat per Developer, connect up to 5 applications and receive a data quota of 3 million events per seat purchased.

6.3.2. We will not have any obligation to refund You if You purchased more Data than you intend to use, for any reason, including contract Termination. Billing will occur on the second day of each calendar month.

6.3.3. Price and conditions related to seats may be subject to modification with prior notification of one month.

6.3.4. You will receive a notification when the data quota is consumed, inviting you to either purchase additional data or wait for the following month for a renewed quota.

6.4. The Production stage / Custom option – Enterprise offer

6.4.1. The Custom version is dedicated to Enterprises or Dev team who desire to benefit from KOTZILLA PLATFORM insights in production or who need to custom the Dev Team offer. In production, the data amount needs to be managed, therefore, we include an onboarding period of one month to define the best sampling strategy.

6.4.2. 6 months or 12 months subscription are based on Pay before use principle.

6.4.3. Fixed firm price is valid for the subscription period is in EUROS or US Dollars, payable monthly starting on the subscription day

6.4.4. Pay before use price is subject to modification by the end of each period. Should this be the case, 15 days before the end of subscription period, the Customer will receive a renewal proposal to be accepted.

6.4.5. In case of exceeding data analysis, you will receive a warning message and you will have the possibility either to enhance your monthly subscription or, if it is a punctual increase, the exceeding data will be billed on the previously agreed price.

7. Assignment

7.1.1. You may NOT transfer or assign your Account with us to a third party.

8. Our Rights to Bar or Disconnect You

8.1.1. If you do not carry out any activity at least once in any 6-month period, your Account may be disabled and you will lose any remaining credits balance on your Account. If you wish to be re-connected after this time you will be given a new Account.

8.1.2. We may at our discretion bar or disconnect your Account if we have reasonable cause to suspect fraudulent use of a credit card/debit card or bank information.

8.1.3. We may bar or disconnect your Account at any time if you fail to comply with the Terms and Conditions in any material way or; if you do anything or permit anyone else to do anything which we reasonably think adversely impacts the Service or the License provided herewith.

9. Right to Cancel

9.1.1. You may cancel this Agreement and stop using the Services:

• At any time under the Solo Dev option
• At any time under other Commercial Options by notifying us up to 14 days before effective canceling date; by giving written notice if you consider that we have failed to fulfill our obligations under these terms in any material way or failed to resolve your problem within a 2 weeks receipt of such notification; by giving notice that you do not accept a change that we have notified you through the Website in accordance present Agreement;

9.1.2. We may cancel this Agreement as we have the right to terminate or suspend your access to the Services as set out in Article 8 Our Rights to Bar or Disconnect You above.

10. Intellectual Property

10.1.1. Our Website as well as any information available on our KOTZILLA PLATFORM are the property of KOTZILLA SAS.

10.1.2. Customers are provided a limited temporary, private, personal, non-transferable and non-exclusive access to the platform only for the use of the Services described herein as long as their subscription is valid and for each Target Application. This means that a single Customer may have several Accounts each linked to a single Target Application.

10.1.3. Access to the Website does not give You the rights to any intellectual property related to the Website or its contents which remains the exclusive property of KOTZILLA SAS.

10.1.4. You cannot, under any circumstances, copy, represent, modify, transmit, publish or adapt, on any medium or by any means whatsoever, or exploit in any way, all or part of the Website or its contents without the prior written consent of KOTZILLA SAS.

10.1.5. The KOTZILLA PLATFORM SDK software is proprietary and subject to a specific license agreement, included into its code and available on its repository. You are committed to not installing, copying or using this software before having consented to the terms and conditions of said license.

11. Confidentiality

11.1.1. No third party has access to either Raw or Processed Data.

11.1.2. All your financial or banking information is confidential and follows the confidentiality and security rules stated in the payment tools provided to you.

12. Limitation of Liability

12.1.1. We have no liability to you other than to exercise the reasonable skill and care of a competent software application provider.

12.1.2. We do not accept liability for direct or indirect loss, such as loss of profit, loss of business, costs, expenses, or any other form of economic loss linked to our Services or the provision of our Services.

12.1.3. KOTZILLA SAS has no responsibility for the deletion, loss or corruption of any Data transmitted to or stored within a Server, unless this is caused by our gross negligence.

12.1.4. We are not liable for any impossibility to provide you the Services if caused by anything beyond our reasonable care and control.

13. Independence

13.1.1. Each provision of this Agreement operates separately.

13.1.2. Should any of the provisions of this Agreement become invalid, illegal or unenforceable, the validity or enforceability of the remaining provisions shall not in any way be affected or impaired. In such circumstances, the parties shall negotiate in good faith in order to agree the terms of a mutual satisfactory provision, achieving as close as possible the same commercial effect, to be substituted for the provision which is found to be invalid, illegal or unenforceable.

14. Changes to the terms and conditions

14.1.1. We may increase or decrease our charges at any time, as well as introduce new charges (including new charges for aspects of the Service previously provided for free). Where we increase the Charges for the elements of the Service you are using, we will notify you before the changes become effective. Notification will be sent via text message or by email (if you have registered your email address with us). We will notify you and you will have the opportunity to cancel this Agreement under clause 9 above and stop using the Service.

14.1.2. We reserve the right to change our Terms and conditions of Service from time to time. We will notify you of any changes to these Terms by posting them on our Website. In addition to this we may also notify you by messages via the Service or by email.

14.1.3. We may not notify you of changes to these Terms and conditions if the changes are purely administrative and have no negative economic effect on You or if we are required by law to make the changes.

15. Entire Agreement

15.1.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, proposals, understandings and agreements whether written or oral relating to the subject matter of this Agreement.

15.1.2. Each of the parties acknowledges and agrees that in entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement.

15.1.3. Nothing in this clause shall, however, operate to limit or exclude any liability for fraudulent misrepresentation.

16. Waiver

16.1.1. The failure or delay by either party to this Agreement to exercise or enforce any right, power or remedy under this Agreement shall not be deemed to operate as a waiver of any such right, power or remedy; nor shall any single or partial exercise by any party operate so as to bar the exercise or enforcement thereof or of any right, power or remedy on any later occasion.

17. Data Protection

17.1.1. The parties operate in accordance with Data Protection Laws. For the avoidance of doubt, there is no personal data exchange among any of the Services.

18. Relationship Of The Parties

18.1.1. Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture between the parties and nothing in this Agreement shall be construed to appoint one party as the distributor, dealer or agent of the other.

19. Notices

19.1.1. Any notice or other communication required or permitted under this Agreement to be given in writing shall be given in writing to the address of the recipient stipulated herein or as notified from time to time and will be deemed to have been given or made: when properly addressed and posted by first class mail in France within two Working Days of posting; or, if sent by e-mail or other electronic means at the time of transmission provided, if the sender can provide proof the notice was properly addressed.

20. Dispute Resolution

20.1.1. The Parties agree that the avoidance and early resolution of any issues is crucial to smooth operation of Services.

20.1.2. Any incident or dispute shall be promptly notified to the other Party in writing. Parties shall use their best efforts to settle such dispute, controversy or claim arising out of this Agreement or the breach, termination or invalidity thereof. If the parties fail to agree terms of settlement within 90 days of the initiation of the procedure the dispute may be referred to the corresponding court in Toulouse, France.

21. Governing Law

21.1.1. This Agreement, and any issues or disputes of whatever nature arising out of or in any way relating to it or its formation (whether such disputes are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation, or otherwise) shall be governed by and construed in accordance with the laws of France and dispute shall be subject to the exclusive jurisdiction of the courts located in Toulouse, France.

Month	Savings
1.0	01/07/2023
2.0	03/01/2024
2.1	01/03/2024
3.0	01/07/2024
3.1	30/10/2024