Terms & Conditions
Terms of Use & Sale
This document governs access to the KharonBridge platform and the use of its services, as well as the conditions applicable to purchases (subscriptions and microtransactions). In particular, it specifies the rules governing confidentiality, security and liability.
The purpose of the present General Conditions of Use and Sale (hereinafter the «GCUV») is to define the conditions under which users access the KharonBridge digital platform, use the services offered therein - in particular the creation of a personal memory space («Memory Board») and a «Leave a Trace» space - as well as the applicable financial terms, in an intimate, secure setting that respects privacy.
Access, registration and use of the platform imply full acceptance of these GCUV.
1. Purpose
The purpose of these General Terms and Conditions of Use and Sale is to define the conditions under which users access the KharonBridge digital platform, use the services offered therein, in particular the personal memory and transmission spaces, as well as the respective rights and obligations of users and the publisher, including the applicable financial terms and conditions.
2. Identification of publisher and operator
Service trade name : KharonBridge
Publisher and operator : DFOA Consulting Lda
Legal form : Sociedade por Quotas (Lda)
Applicable law : Portugal
NIPC : 513288759
Accommodation : secure cloud infrastructure located within the European Union, RGPD compliant.
E-mail address : [email protected]
The KharonBridge service is operated by DFOA Consulting Lda, which acts as the platform's publisher and data controller within the meaning of the RGPD.
3. Platform access
Access to the platform is open to all individuals of legal age, or minors with the express authorization of their legal representative.
To use the services, you must first create a personal user account.
Some of the platform's functions are available free of charge, while others may be offered at a later date as part of specific offers, notably in the form of subscriptions or one-off paid services.
As of the date of publication of these GCUVs, the purchase of virtual candles is the only paid functionality activated on the platform. KharonBridge reserves the right to change access to features as the service evolves, without affecting the acquired rights of users.
KharonBridge reserves the right to temporarily suspend access to the platform for reasons of maintenance, updating or technical development, without this giving rise to any right to compensation.
4. Account creation and security
When registering, the user undertakes to provide accurate, complete and up-to-date information, and to keep it up to date throughout the period of use of the service.
User accounts are strictly personal. The user is solely responsible for the confidentiality of his/her login details and any activity carried out from his/her account, including any use by a third party resulting from negligence, lack of security or voluntary or involuntary sharing of his/her login details.
Any suspicion of unauthorized access, compromise or fraudulent use of the account must be reported without delay to KharonBridge at the following address: [email protected]
Upon receipt of such a report, KharonBridge will take reasonable steps to secure the account in question, without liability for actions taken prior to the report, to the extent permitted by applicable law.
5. Service description
5.1 Features on offer
- the creation of a personal Memory Board, a private space dedicated to the memory of a loved one; ;
- the creation of a personal «Leave a trace» space, enabling the user to write, store and organize messages, letters or content intended to be transmitted or consulted at a later date; ;
- writing and storing personal letters, accessible only to the user; ;
- scheduling of time capsules (deferred playback at a chosen date) ;
- the lighting of symbolic virtual candles, free or for a fee; ;
- add digital content (photos, videos, documents), within the limits defined by the features activated.
Some features may be offered in the ALPHA or BETA phase, and are subject to change.
6. Nature of service - Symbolic clause
KharonBridge is a symbolic and memorial digital service designed to offer users a personal space for expression, remembrance and transmission.
The proposed service does not constitute in any case :
- medical service; ;
- a psychological or therapeutic service; ;
- religious or spiritual guidance ;
- personalized professional or human advice.
The user acknowledges that he/she uses the service under his/her sole personal and emotional responsibility, and understands that the functionalities offered are of a symbolic and personal nature.
The user acknowledges that he/she uses the service under his/her sole emotional and personal responsibility.
7. Financial terms and conditions
7.1 Offers and subscriptions
KharonBridge offers free access to the platform, including some basic functions. Additional features may be offered on an ad hoc basis as paid services, such as the purchase of symbolic virtual candles. Other forms of paid access, including subscriptions, may be introduced at a later date, subject to the conditions specified on the platform at the time of activation.
7.2 Terms of payment
Payments for paid services offered on the KharonBridge platform are made exclusively via a secure third-party payment provider, currently Stripe, acting as payment service provider.
At no time does KharonBridge have access to the user's banking or payment data, which is collected, processed and stored directly by the payment provider, in accordance with its own terms and conditions and applicable security standards, in particular the PCI-DSS standard.
Payment is due immediately upon validation of the order. All validated transactions are considered firm and definitive, subject to the applicable mandatory legal provisions.
In the event of payment refusal, transaction rejection, bank opposition or incident linked to the means of payment used, access to the paid services concerned may be suspended or cancelled without compensation.
Any dispute relating to a transaction carried out via the payment service provider must be addressed in the first instance to the latter, without prejudice to the user's legal rights against KharonBridge.
7.3 No right of withdrawal
In accordance with European regulations on contracts for the supply of digital content, no right of withdrawal applies when performance of the service has begun with the express agreement of the user.
7.4 Cancellation of paid services
When paying services are offered on the platform, the user may terminate them according to the terms specified at the time of subscription.
At the date of publication of these CGUV, no recurring subscription has been activated on the platform. Paid services currently offered correspond to one-off purchases, in particular the purchase of symbolic virtual candles.
One-off purchases are final and will not be reimbursed, unless otherwise stipulated by law.
8. Intellectual property
8.1 Protected platform components
All the elements making up the KharonBridge platform, in particular and without limitation :
- software, source codes and technical architectures ;
- interfaces, user paths, functional structures and usage logics ;
- service names, concepts, functionalities, methodologies and organizations (including Memory Board, Leave a Trace, virtual candles and time capsules); ;
- editorial content, visuals, graphics, texts, charters and documentation; ;
- as well as all know-how, strategic documentation and design elements,
- a medical or paramedical service; ;
- a psychological, therapeutic or emotional support service; ;
- religious or spiritual guidance ;
- personalized professional or human advice of any kind.
- clearly illegal ;
- undermining human dignity; ;
- inciting hatred, violence or discrimination; ;
- constituting an apology for crimes or terrorist acts ;
- pornographic, sexually explicit or exploiting minors; ;
- diverting the platform from its personal, memorial or symbolic purpose.
- issue a warning to the user ;
- temporarily restrict access to certain functions; ;
- suspend or delete the user account.
- right of access to personal data ;
- right of rectification ;
- right to erasure ;
- right to restrict processing ;
- right to data portability ;
- right of objection, where applicable.
The elements making up the KharonBridge platform are protected by intellectual property law.
DFOA Consulting Lda holds all rights necessary for the operation, evolution, marketing and legal protection of the platform, including when certain elements have been conceived or developed by its founder on a personal basis.
Content submitted by users remains their exclusive property. A technical license is granted to KharonBridge for the sole purpose of operating the service.
8.2 Protected platform components
The strategic, conceptual and documentary elements relating to the KharonBridge platform, including in particular the business plan, functional diagrams, service structuring and evolutions, are subject to proof of anteriority mechanisms, including digital time stamping and recording on blockchain-type infrastructures.The purpose of these devices is to establish the certain date of existence, paternity and anteriority of the items concerned, and may be produced as evidence in the event of litigation.
8.3 Protected platform components
Content submitted by users (texts, letters, images, videos, documents) remains their exclusive property.
The user grants KharonBridge a non-exclusive, non-transferable technical license strictly limited to the needs of operating the service, including hosting, storing, securing and displaying content as part of the platform.
No commercial use is made of users' content without their express consent.
9. Confidentiality and content protection
Content posted by users on the KharonBridge platform (including texts, letters, messages, images, videos and documents) is, by nature, strictly private, personal and confidential.
This content is not publicly indexed, is not accessible to search engines, and is only visible to the user concerned, unless the user voluntarily and explicitly initiates sharing when this functionality is offered.
As such, KharonBridge does not exercise any a priori editorial control over content and does not perform any human reading of content.
The platform may, however, implement automated moderation mechanisms, as well as reporting and removal procedures, strictly intended to prevent or stop the distribution of content that is manifestly illicit or contrary to the present CGUV.
These systems do not imply any general control or obligation to monitor content, and do not involve any intervention in the interpretation or personal use of content by users.
Content is stored on secure infrastructures located within the European Union, using technical and organizational measures that comply with current security standards, particularly in terms of access control, encryption and protection against unauthorized access.
Access to content is strictly limited to the user holding the account, subject to any imperative legal obligations that may be imposed on the host, in particular in the context of a judicial or administrative requisition issued by a competent authority.
KharonBridge undertakes to maintain the confidentiality of content to the fullest extent permitted by law, without ever exploiting, analysing or using such content for commercial, advertising or individualised statistical purposes.
10. Liability and limits of service
KharonBridge implements reasonable technical and organizational means to ensure the proper functioning, security and accessibility of the platform, in accordance with current standards applicable to digital services.
However, the user expressly acknowledges that the service is provided as is, in an evolving digital framework, and that KharonBridge guarantees neither continuous availability, nor the total absence of errors, interruptions or anomalies, in particular in the event of maintenance, updating, overloading, technical failure, force majeure or any event beyond its control. The KharonBridge service is strictly symbolic, memorial and personal, the user acknowledges that it in no way constitutes :
Consequently, KharonBridge cannot be held responsible for any indirect, immaterial, moral, emotional or consequential damage, particularly in the case of emotional distress, personal interpretation of content, or subjective use of the service by the user.
KharonBridge's liability will only be incurred in the event of proven fault directly attributable to it, and will in any event be strictly limited to direct and foreseeable damage, within the limits authorized by applicable law.
In the event that KharonBridge is held liable, the total amount of compensation for which KharonBridge may be held liable shall not exceed the amount actually paid by the user for the services concerned over the last twelve (12) months.
The present limitations of liability do not apply in the event of fraud, gross negligence or where they would have the effect of depriving the consumer of the mandatory rights granted to him by the applicable law.
11. Moderation and prohibited content
KharonBridge implements an automated moderation system, based in particular on the detection of expressions or content that are manifestly contrary to these GCUV or to applicable legislation.
This system can generate internal alerts for the platform's technical management services, as well as sending automated notifications or warnings to the user concerned.
The moderation implemented does not imply any systematic editorial control or generalized human reading of content, and does not constitute a monitoring obligation within the meaning of the legislation applicable to content hosts.
12. Account deletion and data recovery
The user may request deletion of his account at any time from his personal space.
Prior to the final deletion of his account, the user has the possibility to download and retrieve all his personal data, including in particular letters, texts, images, photos, videos and other content deposited on the platform, in the formats proposed by KharonBridge.
The user account and associated data will be deleted within seven (7) days of confirmation of the request by the user.
Once the deletion is effective, all content and data associated with the account becomes irretrievable, subject to any legal retention obligations that may be imposed on the publisher, notably for evidentiary, accounting or regulatory compliance purposes.
Any paid services subscribed to or one-off purchases made prior to the deletion request will not be reimbursed, unless otherwise required by law.
KharonBridge reserves the right to retain, in a strictly limited and secure manner, certain technical data or connection logs when required by law or in order to prevent or deal with abuse, fraud or security incidents.
13. Personal data and privacy
KharonBridge attaches particular importance to the protection of its users' personal data and undertakes to process such data in compliance with applicable regulations, in particular Regulation (EU) 2016/679 on the protection of personal data (RGPD).
KharonBridge acts as a data controller within the meaning of the RGPD for data collected in connection with the use of the platform.
The personal data collected is strictly necessary for the operation of the service, the management of user accounts, the provision of the features offered, and compliance with applicable legal and regulatory obligations. Under no circumstances is it sold, transferred or used for targeted advertising purposes.
Personal data is hosted and processed on infrastructures located within the European Union, using appropriate technical and organizational security measures to guarantee its confidentiality, integrity and availability.
Where the user resides outside the European Union, he acknowledges that his personal data is nevertheless processed in accordance with the protection standards of the RGPD, which constitute the reference standard applied by KharonBridge.
The user has the following rights, in accordance with the applicable regulations:
These rights may be exercised at any time by sending a request via the means of contact indicated on the platform. KharonBridge will endeavour to reply within the applicable legal time limits.
KharonBridge may retain certain personal data to a limited extent when required by law or when necessary for the establishment, exercise or defence of legal claims.
The detailed terms and conditions relating to the collection, processing, storage and protection of personal data are set out in the Privacy Policy, which is accessible at all times from the platform and forms an integral part of these GCUVs.
14. Service evolution and transfer
KharonBridge reserves the right to develop, modify, suspend or adapt all or part of the platform, its functionalities or its technical architecture, in particular in order to improve its operation, security, user experience or to comply with legal and regulatory developments.
These developments may include the addition, modification or deletion of certain functionalities, without this constituting an obligation to maintain specific functionalities, subject to respect for the rights acquired by users in respect of the paid services actually subscribed to.
KharonBridge may also change its legal organization, its operating model or the structure supporting the service, in particular as part of a reorganization, a transfer of activity, a sale, a contribution or any other structuring operation.
In such a case, the present CGUV, as well as the rights and obligations of users, may be transferred ipso jure to the new operating entity, without any substantial modification of users' rights or unjustified interruption of service.
The user acknowledges and accepts that use of the platform implies acceptance of these changes, subject to compliance with the applicable mandatory legal provisions.
15. Applicable law - jurisdiction - international users
These General Terms and Conditions of Use and Sale shall be governed by and construed in accordance with Portuguese law, to the exclusion of any conflict of law rules.
Any dispute relating to the validity, interpretation or performance of these GCUVs shall fall within the exclusive jurisdiction of the courts of the jurisdiction of the publisher's registered office, unless otherwise stipulated.
Before taking any legal action, the parties undertake to seek an amicable solution to the dispute in good faith.
Users accessing the platform from a country other than Portugal or a member state of the European Union acknowledge that use of the service is under their sole responsibility, particularly with regard to applicable local laws. KharonBridge does not guarantee that the service complies with the legal requirements specific to each foreign jurisdiction.
To the fullest extent permitted by applicable law, the user expressly waives the right to bring any class action, group action or representative proceeding against KharonBridge. Any action or claim must be brought individually.
16. Acceptance and modification
Access to and use of the KharonBridge platform implies full acceptance of these Terms and Conditions by the user.
The present CGUV are accessible at all times on the platform and can be consulted before any use of the services.
KharonBridge reserves the right to modify or update these CGUV in order to adapt them to changes in the service, applicable legislation or its organization.
In the event of substantial modification of the CGUV, users will be informed by any appropriate means, in particular by notification on the platform or by e-mail where applicable.
Continued use of the platform after the entry into force of the modified CGUV constitutes acceptance of said modifications. In the event of refusal of the new conditions, the user remains free to cease use of the service and to request deletion of his account in accordance with article 12.
Modifications to the CGUV do not affect the rights acquired by the user in respect of paid services actually subscribed to prior to their entry into force, subject to applicable mandatory legal provisions.