Cikisi and Ixxo join forces to deliver even more powerful strategic intelligence! 🚀 Discover how this merger strengthens our expertise and solutions.
Cikisi and Ixxo join forces to deliver even more powerful strategic intelligence! 🚀 Discover how this merger strengthens our expertise and solutions.
In all the following paragraphs and articles, the following definitions apply:
“CIKISI” represents the company CIKISI SA, Boulevard Emile de Laveleye 191, 4020 Liège, Belgium, registered in the register of legal persons under number 649.625.430, which provides services to its customers.
“Subscriber”, “Customer” or “User” or “Buyer” means any natural or legal person who is a customer and uses CIKISI’s services.
“GTCS” are CIKISI’s general terms and conditions of sale. “GTCU” are CIKISI’s general terms and conditions of use. “PP” is CIKISI’s privacy policy.
“Contract” refers to the contractual whole made up of one or more parts, articles and various documents, such as for example, in a non-exhaustive way, the GTCS part, the GTCU part, any special conditions part and the technical appendices part.
“Services” applies to services designed in-house or in collaboration with partners, distributed, made available and marketed by CIKISI to its customers. “cikisi” in lower case represents the application/software developed and offered by CIKISI, which is part of the “Services” made available to Customers.
2.1. Unless expressly agreed otherwise in writing between the parties, by using the “cikisi” application, the Customer (“You”) declares and acknowledges having read the present General Terms of Use (the “GTU”) and/or any amended version. The Customer unreservedly agrees to abide by them in their entirety and to be bound by them.
2.2. The “cikisi” application is offered by the company CIKISI SA, Boulevard Emile de Laveleye 191, 4020 Liège, Belgium, and registered in the register of legal persons under number 0649.625.430, (“CIKISI” or “We”).
2.3. Any new service put online on the application or any modification of an existing service will immediately be subject to the GCU.
2.4. Use of the “cikisi” application must comply with all the terms and conditions applicable to the services, consisting of the GTC, the General Terms and Conditions of Sale, and the Privacy Policy available on the www.cikisi.com website.
2.5. The conditions applicable to the services, including the GCU, may be modified or updated at any time. CIKISI therefore urges the Customer to read them regularly. The latest version of CIKISI’s GCU is always available on the User’s account via login on CIKISI’s website (www.cikisi.com), so that the User can read them at any time.
2.6. CIKISI reserves the right to suspend the Customer’s access to the “cikisi” application in the event of a breach of any of the applicable conditions.
3.1 General
Cikisi is a Web intelligence and research application. It is a Web Intelligence tool. CIKISI is not a content provider.
The main operating modes of the “cikisi” application are similar to those of a :
CIKISI provides its customers (“You”), for non-commercial use and exclusively for their own accounts, the “cikisi” application for Internet monitoring (collecting, filtering, enriching, analyzing content provided by third parties on the Internet (“Third-Party Content”) or created/imported manually) and for creating, publishing and distributing your own content (“Your Content”), of any kind whatsoever (newsletters, reports, graphics, etc.).) in compliance with the TOS (together, the “Services”).
You can personalize your “cikisi” environment by creating, subscribing to or unsubscribing from sources that publish publicly accessible “Third Party Content” on the Internet free of charge.
The “cikisi” application does not allow access to “Third-Party Content”, which is subject to a fee, except when using a specific connector that requires the “Customer” to have a subscription to this “Third-Party Content”.
The public sources you add to your “cikisi” space are not exclusive to you, since they are by definition public and accessible to everyone. However, any information that You add to your “cikisi” space relating to a source (“Third Party Content”), such as a title or a category, is never accessible by other customers of the “cikisi” community.
“Your Content” is not accessible either to the “cikisi” community or to the public.
CIKISI keeps only the “Third Party Content” collected on the “cikisi” application by its customers, certain technical and personal data, and this always in accordance with its Privacy Policy.
Your “cikisi” space is accessible from a personal terminal (e.g. computer, tablet, laptop, etc.) by logging in with your email address and password via the CIKISI website (wmt.cikisi.com/login).
The “cikisi” application also allows You to create, present and distribute content (“Your Content”) only among “cikisi” users in Your internal organization, who will have access to the “cikisi” application or certain services (newsletters).
3.2. Customization and access rights
The “cikisi” application enables you to create, notably in “Your Content”, thematic pages with subjects, saved searches, notifications and alerts, folders (selection of “Third Party Content”), analyses, graphs, etc… and to edit electronically transferable reports or newsletters.
Transferable reports can be exported to users of your internal organization and to third parties other than other users of your internal organization, always under Your full responsibility.
All that You create in “Your Content” will only be accessible in “cikisi” to members of Your internal organization, who have access to Your space in the “cikisi” application and the required access conditions. You can create several user groups within your organization on “cikisi” and assign them different access rights.
3.3. Alerts, newsletters and Notifications
In the context of alerts, you can send email notifications automatically through the “cikisi” application, at a given frequency (“real-time”, daily, weekly, monthly).
Under no circumstances does the CIKISI company exercise any editorial choice over the “Third Party Content” of messages you may send in the context of alerts. In the event of any difficulty or problem, you are invited to contact the third parties concerned regarding the content.
In the case of newsletters, You may send an edition by e-mail using the “cikisi” application once You have approved the order of dispatch of this edition and therefore its Content.
The recipients of these alert notifications and newsletter editions will only receive them if You have subscribed to them. It is your responsibility to subscribe and unsubscribe recipients to this service. cikisi” also offers recipients the possibility of unsubscribing themselves (by clicking on a link in the email).
Respect for the rights of authors and publishers
The “CIKISI” company draws your attention to the need to respect the rights of authors and publishers when sharing content, and more particularly when creating your alerts and newsletters.
When an author or publisher puts content online, he implicitly transfers to Internet users his right to consult it, but not necessarily his right to reproduce it. The same applies to RSS feeds. Just because a website provides the technical means to reproduce part of its content via an RSS feed does not mean it grants the right to reproduce it (physically or digitally).
Not all sources allow free reproduction of their content. While this is the case for many public agency websites, companies, associations and blogs, it is rarely the case for press sites or specialized magazines.
In other words, not everything that is publicly, freely and technically accessible is especially freely reproducible.
Similarly, “Third-Party Content” that is legally indexed due to payment of a royalty does not mean that it is freely reproducible.
Third-party content” whose reproduction is forbidden without the author’s/publisher’s agreement may only appear in your alerts, newsletters and other “Your Content” items in the form of a quotation/short extract.
This short extract must always be accompanied by the author (the source) and the link to the “Third-party content”, as configured by default on the “cikisi” application (notion of “snippet”).
The definition of “short snippet” has not been clearly defined at European level, and its interpretation in terms of number of characters or words will vary from one country to another.
CIKISI therefore recommends that you exercise extreme caution to ensure that “Your Content” disseminated within your organization is not deemed to be in breach of legislation governing authors’ and publishers’ rights.
In case of doubt, we recommend the use of the title (hyperlink) and, if a description is necessary, a short passage of a few words in which your search terms or centers of interest appear.
Beyond these minimal recommendations, we invite you to prefer the use of personal content instead of “Third-Party Content”.
To this end, Cikisi offers several functionalities, including:
All these rules, precautions and recommendations also apply to all content that the Customer shares from the Cikisi eco-system (via mobile application, reading portal, etc.).
4.1 Important Information
To access the “cikisi” application, You must be legally capable of contracting with the CIKISI company and acknowledge that certain “Third Party Content” collected and displayed may be considered offensive to certain users and/or may not be viewed by persons under 18 years of age.
You agree to comply with all laws and regulations in force in Belgium and, where applicable, in your country of residence or in which You use the “cikisi” application.
The Cikisi application allows you to report any illicit content via the “Report as abusive” button.
You also acknowledge that the activity of creating, uploading and sharing “Your Content” may subject You to various types of liability, and You warrant that “Your Content” (whether You are the author or not) complies at all times (from the time it is shared and throughout its accessibility) with the stipulations of the TOS and applicable laws. In particular, You shall ensure that the copyright and privacy rules of third parties are respected.
You acknowledge and accept that CIKISI and the “cikisi” application have no control over (other than technical if necessary), and do not filter, “Your Content” or “Third Party Content” and cannot be held responsible for their communication to third parties.
In particular, You are solely responsible for the choice of “Your Content” and You share it under Your sole responsibility.
4.2. Registration, Email and Password
The use of the “cikisi” application requires the creation of a user account and consequently that You provide data concerning Yourself as indicated in the GTC and the PDC, in particular a valid email address as well as a password of Your choice. Your e-mail address must remain valid as long as your account with CIKISI remains active, and it is your responsibility to update it if necessary.
More generally, any personal information communicated to CIKISI must be updated as soon as it ceases to be complete, accurate or up to date. Your password is confidential and you must not disclose it to any third party or website. You must immediately contact CIKISI if You have reason to believe that your password is being or has been used without authorization by a third party. You shall be responsible for all actions taken with your e-mail address and password and for any loss or damage arising from its use. We may, in the event of a breach of the TOS, delete your account at any time without notice.
4.3. User behavior
To access and use the “cikisi” application, You agree to:
a. Not to upload, share, or otherwise communicate any Content (“Third-Party Content” or “Your Content”) that is obscene, defamatory, abusive, threatening, child pornographic, glorifies war crimes or crimes against humanity, directly incites acts of terrorism, violates the privacy of others and/or is unlawful in any way whatsoever;
b. Respect the privacy of others, and the confidentiality of any information You may receive, and not send or transmit in any way whatsoever any advertising or promotional offers, spam, “chain letters”, so-called “snowball” sales, or any other form of solicitation;
c. Not to harass other users of the application or use their personal email addresses and passwords to access the “cikisi” application;
d. Respect the rights of others and, more generally, all laws and regulations applicable to the use of the Services, and not to disseminate any content for which You do not have the rights of use (in particular, any content that violates Your confidential and fiduciary obligations), that violates the intellectual property rights of any third parties (in particular, copyrights, trademarks, patents or designs), or that violates the right to privacy or protection of the personality of any public or non-public persons…;
e. Not to upload or share any content or behave in any way that would interrupt, hinder, destroy or, more generally, disrupt the operation of the “cikisi” application or allow You to gain unauthorized access to it, in particular by using any viruses, insidious lines of code, programs or files;
f. Not to reproduce, copy, sell or make commercial use (including with respect to the right of access), of all or any part of the Services and/or the Site;
g. Refrain, in the course of normal use of the Services, from using access to shared accounts to invade the privacy of other users, the organization that employs You, the CIKISI company and generally any third party, as well as refrain, when technically possible, from posting information, public or private, in the name of and without the knowledge of a user, from interacting with third parties in the name of and without the knowledge of the user, from modifying the user’s account settings (in particular privacy settings) and, in general, from using this access to carry out operations in contradiction with the provisions of these TOS or in a manner that would exceed the scope of reasonable use of the Services. You acknowledge that the practices described above constitute cases of identity theft punishable by articles 227 et seq. of the French Penal Code, and that You may be subject to civil and criminal penalties.
In the event of a breach of the above obligations, CIKISI reserves the right to delete your account and/or refuse You access to the application, as well as to disclose any information that may be necessary in order to comply with any laws, regulations, decrees or requests from one of our partners, at our sole discretion.
CIKISI also reserves the right to refuse the distribution of “Your Content” or “Third Party Content” via the “cikisi” application.
4.4. Right to index
If, during a technical inspection of its crawling activities, CIKISI observes that one of your robots is indexing content published by a source that is part of a directory of sites for which You have been asked to pay a fee for “indexing sites protected by copyright” that You have not paid, CIKISI reserves the right to stop your robot and block access to the content already indexed until the “copyright” fee has been paid (cf. TERMS & CONDITIONS).
5.1. Fundamental principles
You may share “Your Content” only with your own internal organization, whose members must also have access to the “cikisi” application.
Without prejudice to the foregoing, You shall comply with all rules, provide all information and follow all instructions appearing on the “cikisi” application or on the CIKISI website: www.cikisi.com.
You expressly waive any right to compensation (monetary or otherwise) for any intellectual property rights, in particular copyrights, arising from your use of the “cikisi” software or application.
5.2. Monetization of “Your Content” and transferable reports
You may not provide paid access to “Your Content” or place monetization tools (including, without limitation, all advertising and sponsored feeds) in “Your Content”.
You may never associate these tools, directly or indirectly, with the “container” of “Your Content” which remains the exclusive property and technology of CIKISI.
Any attempt to do otherwise would constitute a material breach of the GCU for which You would be fully liable, without prejudice to any possible infringement of CIKISI’s intellectual property rights over the “container” of “Your Content”.
In addition, and more generally, You must not at any time and under any circumstances attempt to monetize, in whole or in part, any goods or technologies belonging to CIKISI without CIKISI’s prior written authorization.
5.3. Powered by Cikisi
CIKISI may add the phrase “Powered by Cikisi” to “Your Content” and any modification, alteration or deletion of such content shall constitute a material breach of the TOU.
5.4 Identification of “Your Content”
As CIKISI and the “cikisi” application have no control over “Your Content”, it is your responsibility, when sharing it, to check it and clearly identify its nature and relevance, present or potential.
It is necessary, in order to protect other users, to identify, where applicable, the illicit, shocking or pornographic nature of “Your Content” or of the sources that You add to the database.
5.5. User comments, descriptions and notes
The “cikisi” application may collect comments, descriptions or notes from users regarding “Third Party Content” or “Your Content” that You share with other users of Your organization.
The “cikisi” application may be equipped with a computerized process to verify the compatibility of “Your Content” with article 4.3, which, without any intervention on the part of CIKISI, may block access to “Your Content” in the event of non-compliance, without this implying any liability on the part of CIKISI.
5.6. Personal Data
You must provide CIKISI with all personal data necessary for the creation of your user account by CIKISI. You must regularly update your personal data to ensure that it is complete, accurate and up-to-date at all times.
You acknowledge that you have no rights whatsoever to the personal data of customers of CIKISI or its business partners. Furthermore, CIKISI or its commercial partners are under no obligation to provide You with said data, in whole or in part. It is forbidden to collect or subtract the password associated with the account of another user of the “cikisi” application, including members working in the same company or organization.
If You collect personal data through the “cikisi” application, You must collect, store, process, use or share them in strict compliance with applicable legislation, including European legislation, and in a regular and fair manner.
You undertake not to collect or process any personal data that reveals, directly or indirectly, a person’s racial or ethnic origin, state of health, sexual orientation or life, political, philosophical or religious beliefs, trade union membership or criminal record, as well as any other data relating to one of the special categories of personal data or relating to criminal convictions and offences, as defined in Articles 9 and 10 of the General Data Protection Regulation (EU) 2016/679 of April 27, 2016. You also undertake not to collect or process data relating to minors under the age of 16.
Without prejudice to the foregoing, You must at all times inform the persons concerned that You are collecting their personal information and ensure that they expressly accept any possible or planned use of their personal information, including the communication of such data to third parties.
More generally, your privacy policy must always be consistent with that of CIKISI. CIKISI does not control the personal data communicated to you and cannot be held responsible for any unlawful processing of personal data.
5.7. Limitation of liability
CIKISI hosts “Your Content”, but takes no responsibility and assumes no liability for any loss (temporary or permanent), corruption, data corruption or other harm that may occur to “Your Content”, your computer system or other electronic device.
CIKISI shall not be liable for the termination of the license granted under the GTCU or for any interruption in the distribution of “Your Content”.
Furthermore, CIKISI disclaims all liability for any improper use or misuse of “Your Content” or the “cikisi” application by a third party or business partner, or, more generally, for the conduct of third parties.
CIKISI respects your privacy and that of others. CIKISI encourages You to regularly read its PDC on Your User account on the “cikisi” application.
Your email address and password are essential to enable You to access the “cikisi” application from any terminal via the CIKISI website (www.cikisi.com).
7.1. Application access
CIKISI is the sole owner of all intellectual property rights relating to the “cikisi” application. You may be held liable for any unauthorized reproduction, representation, publication, transmission or, more generally, any unauthorized use of the application, and may be subject to civil or criminal prosecution.
You agree not to access the “cikisi” application by any means other than those offered by CIKISI. The use of “Third Party Content” may only be made with the authorization or license granted by the holders of the corresponding rights.
7.2. Intellectual Property Rights
The “cikisi” application constitutes an original work protected by intellectual property law and international conventions. The same applies to its structure and the “Third Party Content” accessible from the application. You warrant that You will not modify, rent, lend, sell or distribute these works, and that You will not use, in whole or in part, the “cikisi” application or “Third-Party Content” to create derivative works. You may only access the application for the use of your organization. You acknowledge that any action referred to above constitutes an infringement of CIKISI’s (or a third party’s) intellectual property rights, as well as a serious breach of these GTC. Any infringement of CIKISI’s intellectual property rights shall give rise, without prejudice to any other remedies available to CIKISI, to fixed compensation of EUR 25,000 per day and per infringement.
7.3. Trademarks and logo Protected
The registered trademark “cikisi” and its acronyms “search, watch, explore” / “catch it, keep it, share it”, the logo and all other “cikisi” trademarks belong to the CIKISI company. You agree not to use or communicate said trademarks or logo without our prior written consent.
7.4. Intellectual Property Rights of Third Parties
We respect the intellectual property rights of third parties. If You consider that a work over which You have rights has been reproduced or used in violation of Your rights, please contact Us by providing Your contact details, a description of Your work, the location where it is reproduced on the application, proof of Your rights over the work and a statement from You that You have not consented to the disputed use.
7.5. Third-party rights
Without prejudice to any action that CIKISI may take to protect its rights, CIKISI reserves the right, without justification or prior notice, to prohibit access to any Content that may infringe the rights of third parties, which You expressly accept.
7..6 “Your Content”
You do not grant CIKISI the right to distribute “Your Content”, reproduce it, display it, delete it, adapt it and communicate it to your internal organization and to the public.
” Your Content” includes in particular your thematic pages (“Topics”), saved searches (“Searches”), alerts and newsletters or any other query whose configuration requires professional “know- how”.
The development of “Your Content” and your transferable reports does not grant You any exclusive right to the information collected in them (“Third-Party Content”).
Under no circumstances will CIKISI’s clients have access to “Your Content” and under no circumstances will CIKISI be able to use Your Content as a basis for advice to another client.
Without prejudice to the foregoing, You acknowledge and accept that CIKISI or its clients may independently develop content similar to Yours (theme pages, searches, etc.), without this implying any liability on the part of CIKISI.
8.1. Limitation of Liability
The “cikisi” application is offered to You “as is”. CIKISI makes no warranties of any kind, express or implied, with respect to the application. In particular, and without limitation, We do not guarantee the continuity and quality of the service of the application or that the application will be permanently accessible or that users will not violate the TOS or our privacy policy.
Consequently, CIKISI cannot be held liable for any direct or indirect damage, loss of business opportunity, reputational or moral damage, which may result from any technical failure whatsoever of the “cikisi” application or from the Customer’s faulty use of the Service.
We reserve the right to limit, interrupt (temporarily or permanently) or suspend the use or operation of our “cikisi” application, without prior notice. CIKISI cannot be held responsible for the failure to put online or the destruction of content or messages exchanged between users. You acknowledge that you access the “cikisi” application under these conditions and that you use it at your own risk.
CIKISI cannot be held responsible for any loss of data or (indirect) damage caused to your computer system or any other device used to access the “cikisi” application.
More generally, We cannot be held liable for any consequential, special or incidental damages, direct or indirect, resulting from access to or use of the “cikisi” application.
This limitation of liability applies to CIKISI, its subsidiaries, affiliates, directors, agents, subcontractors, servants, agents and employees.
8.2. “Third Party Content”
CIKISI does not host or control the content, services and products that may be provided by third parties on the internet. We cannot control internet sources and We cannot be held responsible for these sources and their contents. You undertake to contact, directly and exclusively, the third party concerned for any claim or request that You may make. We cannot be held responsible for the content, products and services or any data or information available on or from these external sites or sources.
Furthermore, You acknowledge that We cannot be held responsible for any damage or loss resulting from the use of content, products or services available on these external sites or sources.
You expressly declare that You hold all rights or that You have obtained all necessary authorizations related to the use and distribution of “Your Content” and transferable reports. As CIKISI has no control over “Your Content” and your transferable reports, You acknowledge that CIKISI is not responsible for their possible communication and that You share them under your sole and entire responsibility.
” Your Content” and your transferable reports must at all times comply with the GCU and, more generally, must not be harmful or illegal, in particular to minors. You also indemnify and hold harmless (including, without limitation, attorneys’ fees) CIKISI, its subsidiaries, affiliates, servants, agents, directors and employees, from and against any and all claims and actions by any third party arising out of or relating to the use or distribution of “Your Content” and your transferable reports, the violation of the TOS or, more generally, the violation of any law in connection with the use of the “cikisi” application.
We reserve the right to correct any errors in the “cikisi” application and, more generally, to modify, at any time and without notice, the “cikisi” application in whole or in part in order to guarantee the functionalities of the application for the benefit of the Customer.
We cannot be held responsible for any modifications, interruptions or deletions to the application or for any resulting damage.
We may send You notifications by email, SMS or by displaying links to such notifications on the “cikisi” application. We may use these means, for example, to inform You of a future revision of the TOS.
In the event of a breach of the TOS, We reserve the right to restrict your access to the “cikisi” application and/or delete your account. You acknowledge and agree that We cannot be held responsible for the deletion of your account.
If one or more of the provisions of the GCU is declared invalid, the other provisions shall remain in full force and effect. CIKISI’s failure to exercise any of its rights under the GCU shall not be deemed or construed as a waiver of such right.
The GCU, the GTC and the PDC constitute a contractual whole between You and the company CIKISI which prevails on any other preceding contract.
The clause headings are provided for information purposes only and have no effect on the interpretation of the GCU.
The GCU and the privacy policy are written in French. A version in another language may be proposed by CIKISI. In case of conflict between the different versions, the French version will prevail.
The TOS, as well as your relationship with CIKISI, are governed by Belgian law. Any dispute arising from or in connection with the use of the “cikisi” application or the Services, or the interpretation and performance of these TOS, shall be submitted to the exclusive jurisdiction of the French-speaking courts of Brussels.
