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Kernel General Service Terms
Last updated January 25, 2024
1. Introduction
Kernel is an innovative platform developed by WAK (Kernel), a simplified joint-stock company registered in the Paris RCS under number 913 367 348, located at 10 RUE DE PENTHIEVRE, 75008 PARIS 8 (“we,” “our,” or “Kernel”).
These General Terms of Use (“GTU”) govern your access and use of our websites www.wearekernel.com / www.kernel-hr.com / www.hr-kernel.com / www.kernel-eor.com / www.kernel-office.com and the Kernel application (collectively, the “Platform”). By using the Platform, you, as a service user (“you,” “your”), agree to be bound by these GTU. We reserve the right to modify these GTU at any time, and an updated version will always be accessible on our site.
2. Acceptance of Terms
Your access to and use of the services offered on the Platform (“Services”) are conditioned upon your acceptance of these GTU. These terms apply to all visitors, users, and others who access or use the Services. By accessing or using the Services, you agree to be bound by these terms. If you disagree with any part of the GTU, you must not access or use the Services. If you have questions regarding these GTU, please contact our support team at office(at)wearekernel(dot)com.
3. Description of Services
Kernel offers software dedicated to managing and facilitating professional relationships between companies and individuals who can become employees (“Talents”). Kernel users can register as “Client” or “Talents,” each having access to specific functionalities tailored to their needs. Clients can use Kernel for Talent integration, payment management, due diligence, and compliance with tax and social regulations in the countries they recruit with Kernel. Talents use Kernel to connect with companies, manage their contract, their employee needs (leave, absences, bonuses, pay, salary, various benefits, office space, etc.). Access to our software services is free for the Client, subject to signing our Master Service Agreement. Clients pay the service price based on the chosen offer only when contracting with a Talent.
4. Contractual Relationships
These General Terms of Use (GTU) of Kernel complement and articulate with the Master Service Agreement (MSA) and Execution Agreement signed by the Client. By accessing or using Kernel’s Services, the Client acknowledges that these GTU neither replace nor negate the obligations and rights set out in the MSA and Execution Agreement, but are additive and should be interpreted in a way that ensures consistency among all these contractual documents. In case of conflict between the provisions of these GTU and those of the MSA or Execution Agreement, the terms of the MSA or Execution Agreement shall prevail.
5. Registration and User Accounts
To access certain features of Kernel, it may be necessary to create a user account. When creating an account, you commit to providing accurate and up-to-date information. You are responsible for the confidentiality of your login credentials and any activity on your account. Kernel reserves the right to suspend or terminate your account if unauthorized or fraudulent activities are detected.
6. Use of Services
The use of Kernel must comply with current laws and regulations. Clients and Talents commit to using the Platform ethically, responsibly, and professionally. Any abusive, illegal, or non-compliant use of these GTU may result in the suspension or termination of access to the Services.
7. Confidentiality and Personal Data
Kernel commits to protecting the confidentiality and security of your personal data. The collection and use of these data are governed by our Privacy Policy, which is an integral part of these GTU. By using the Services, you consent to the processing of your personal data in accordance with our Privacy Policy.
8. User Rights
In compliance with data protection legislation, including GDPR, you have the right to access, rectify, delete, and port your personal data, as well as the right to object to or request the restriction of their processing. To exercise these rights, contact us at the address indicated in the “Contact” section.
9. Payments and Fees
The use of certain services on Kernel may be subject to fees, according to our pricing structure. These fees will be clearly communicated before any transaction. Payment of these fees is required to access these specific services.
10. User Content
Kernel users may post, upload, or submit various content or information. You warrant that any content you provide does not infringe on intellectual property rights, privacy rights, or any other law or regulation.
11. Intellectual Property
All content on the Kernel Platform, including texts, graphics, logos, images, as well as the software used, are the property of WAK (Kernel) or its content suppliers and are protected by intellectual property laws. You agree not to reproduce, copy, sell, or exploit any content or part of Kernel’s Services without prior written authorization from us.
12. Limitation of Liability
WAK (Kernel) strives to ensure the availability and proper functioning of the Platform but cannot guarantee uninterrupted availability or performance of the Services. We will not be responsible for service interruptions due to maintenance, updates, or circumstances beyond our control. Furthermore, WAK (Kernel) will not be liable for direct or indirect damages resulting from the use or inability to use the Services.
13. Modifications to Services and GTU
WAK (Kernel) reserves the right to modify or discontinue, temporarily or permanently, any part of the Services at any time and without notice. We also reserve the right to modify these GTU at any time. Your continued use of the Platform after such modifications constitutes your acceptance of the new GTU.
14. Termination
You may terminate your Kernel account at any time by adhering to the commitment clauses of the Master Service Agreement and Execution Agreement you signed in addition to these GTU. Furthermore, you cannot terminate the service if you have ongoing contracts. WAK (Kernel) also reserves the right to suspend or terminate your account and access to the Services if you violate these GTU or for any other reason deemed valid by WAK (Kernel), with or without notice.
15. Account Security
You are responsible for the security of your Kernel account and the confidentiality of your login information. In case of suspicion of account compromise, you must notify us immediately. WAK (Kernel) will not be liable for losses resulting from unauthorized access to your account.
16. Use of Data
WAK (Kernel) may collect and use data related to your use of the Services to improve the Platform and offer personalized services. Our use of data complies with our Privacy Policy.
17. Indemnification
By using Kernel, you agree to indemnify and hold WAK (Kernel) and its affiliates harmless from any claim, loss, damage, or cost arising from your use of the Services or your violation of these GTU.
18. Force Majeure
WAK (Kernel) will not be responsible for any delay or failure in performance caused by circumstances beyond its reasonable control.
19. Feedback and Suggestions
All feedback or suggestions regarding Kernel are welcome. By providing feedback, you grant WAK (Kernel) the right to use this information without restriction and without compensation.
20. External Links
The Kernel Platform may contain links to third-party sites. WAK (Kernel) is not responsible for the content of third-party sites linked to the Platform.
21. Non-Waiver
The failure of WAK (Kernel) to exercise a right or apply a sanction does not constitute a waiver of that right or sanction.
22. Severability
If any part of these GTU is found to be invalid or unenforceable, the remainder of the GTU will remain in effect.
23. General Provisions
These GTU are governed by French law. In case of a dispute relating to the use of the Kernel Platform, the competent courts will be those of Paris. If a provision of these GTU is deemed invalid or unenforceable, the other provisions will remain in effect.
24. Contact
For any questions or requests for information concerning these GTU or the Services, please contact our support team at office(at)wearekernel(dot)com.