General Terms and Conditions of Sale for
Products and SaaS platform
The French version shall prevail and is binding on all parties.
Last update: September 12th, 2025
These general terms and conditions (hereinafter the “General Terms”) govern all orders (hereinafter “Order(s)”) for products and/or services placed on the website https://enlaps.io/ (hereinafter the “Website”).
GENERAL TERMS AND CONDITIONS OF SALE
1. Purpose of the General Terms
These general terms and conditions (hereinafter the “Terms”) set out the general terms and conditions under which ENLAPS (hereinafter “ENLAPS”), a specialist in image capture and analysis, supplies a customer (hereinafter the “Customer”), at the Customer’s option, with products and/or software services as described in the Order (together, the “Services”).
2. Contractual Documents
The contract governing the contractual relationship between the Parties (hereinafter the “Contract”) consists of the following contractual documents:
the Order (electronic or quotation-based),
the special conditions (SC) applicable to Orders placed by a consumer Customer,
these general terms and conditions (Terms).
The contractual documents are to be read together. In the event of any conflict between them, the higher-ranking document shall prevail.
The Customer waives application of its own general terms and conditions. Provisions appearing on the Customer’s invoices or purchase orders may under no circumstances derogate from the provisions of the contractual documents listed above.
The Contract constitutes the entire agreement between the Parties with respect to its subject matter. Consequently, as from its effective date it supersedes any prior contract, agreement, exchange of letters, oral agreement or other negotiations, including previous versions of the contract that may have been entered into between the Parties prior to the Contract’s effective date and having the same subject matter, unless the Customer expressly objects by registered letter with acknowledgment of receipt within 15 days from the date on which this Contract is communicated to the Customer.
The Contract may be amended only by means of a new Order.
3. Formation of the Contract
The Contract may be formed electronically or on the basis of a quotation.
The products and services subscribed by the Customer are those specified in the Order.
3.1 Provisions applicable to quotation-based Orders
For quotation-based Orders, during a prior information phase the Customer undertakes to provide ENLAPS in writing with its statement of needs and any useful, accurate, complete and unambiguous information necessary to determine the specific features of its needs.
The Customer declares that it is fully informed about the Services forming the subject matter of the Contract and acknowledges that ENLAPS was entirely available to inform it of any determining factor in light of the needs expressed by the Customer.
The Contract is deemed formed upon receipt by ENLAPS of the quotation signed by the Customer.
The fact that the Customer instructs ENLAPS to perform Services provided for in the Order constitutes full and complete acceptance of said Order and of the contractual documents in all their terms.
3.2 Provisions applicable to Orders concluded electronically
The Customer may order Products on the online store at https://shop.enlaps.io/ (hereinafter the “Online Store”) and/or its Software Services on the myTikee cloud platform: https://my.tikee.io/.
It is specified that:
Where the Customer is not a French consumer Customer or a Customer residing in France, the Parties agree to derogate from Articles 1127-1 and 1127-2 of the French Civil Code governing contracts concluded electronically.
Where the Customer is a French consumer or a Customer residing in France, these General Terms and the Special Conditions applicable to consumers shall apply.
4. Definitions
For the purposes of the Contract, capitalized terms have the following meanings:
"Products": the products of ENLAPS as presented on the website www.enlaps.io. The Products mainly consist of cameras called “Tikee” integrating embedded software, and accessories, enabling the creation of timelapses, i.e., accelerated videos made from photographs taken at regular intervals. The Tikee camera operates with Tikee Remote, a mobile application that enables the camera to be configured and controlled via a Bluetooth connection and the creation of a myTikee account.
"Tikee Remote" means the mobile application including, in particular, software programs, settings, specific developments, updates, documentation, databases and graphic charter, owned by ENLAPS. Tikee Remote is available for download by any person on mobile devices such as mobile phones and tablets, iOS and Android, from app distribution platforms (App Store and Google Play). Tikee Remote connects via Bluetooth Low Energy (BLE) to a Tikee camera. It is the remote control of the Tikee camera. It allows a user who has created a myTikee account to monitor, configure and modify in real time the timelapse sequences made with the camera.
“myTikee cloud platform” or the “Platform” or “myTikee” means the web application or cloud platform available at https://my.tikee.io, on which the Customer can order subscriptions and add-ons. The Platform includes, in particular, software programs, algorithms, settings, specific developments, updates, documentation, databases, graphic charter, content and results generated automatically or otherwise, and is owned by ENLAPS.
“myTikee Services” means the functional services of the myTikee Platform: creating content automatically or manually; importing, viewing, storing, analyzing, detecting, publishing and sharing media content generated, in particular, from images or videos transmitted via Wi-Fi or 4G LTE, from a Tikee camera or another source such as an IP camera.
The analysis and detection services (objects, people and situations) are provided by algorithms using artificial intelligence.
Some myTikee Services are free and available to any User who has created a myTikee account. Other myTikee Services are paid and available by subscription, which may be ordered either from the cloud Platform at https://my.tikee.io or on quotation by contacting ENLAPS directly.
The myTikee Services in force are those indicated on the ENLAPS Website on the date of the Order.
“Users” means the natural-person users of the myTikee application, the Tikee Remote mobile application and the software embedded in the Tikee camera, who have created a myTikee account and accepted the General Terms of Use of these applications (GTU).
Where a user’s myTikee account is linked to a Customer who has subscribed to a paid myTikee Service, the user declares that they are that Customer or, if the Customer is a professional, the legal representative or an agent duly authorized to represent the Customer.
Acceptance of the GTU by the user when creating the myTikee account is then binding on the Customer.
5. Provisions applicable to electronic Orders
5.1 Placing Orders
The Customer may order Products on the Online Store and/or subscriptions to myTikee Services on the myTikee cloud Platform. The ordering steps are clearly indicated on the Online Store and the myTikee cloud Platform.
Up to the payment stage, the Customer may modify the Order, in particular to correct any errors made when entering its data, by returning to the previous screens.
Final acceptance of the Order is given by paying for the Order, except in the case of payment by bank transfer, where the Order is confirmed upon receipt of payment by ENLAPS.
An Order confirmation is displayed on the Online Store and/or the myTikee cloud Platform and sent by email to the Customer after payment is confirmed. The Order confirmation includes a summary of the Order contents, the Order number, date and time, the payment method used, the detailed amount of the Order, and the billing address and, for Products, the Customer’s delivery address. The confirmation also includes these General Terms and the applicable Special Conditions, which the Customer may save and print.
ENLAPS reserves the right to block an Order, in particular in the event of suspected or proven fraud (compromised credentials, etc.).
5.2 Right of withdrawal applicable to electronic Orders
The Customer (consumer and professional) has the right to withdraw from the Contract without giving any reason within fourteen days.
The withdrawal period expires after fourteen days:
for Products: after the day on which the Customer, or a third party other than the carrier and indicated by the Customer, physically takes possession of the goods;
for subscriptions to myTikee Services: after the day on which the contract is
concluded.
To exercise the right of withdrawal, the Customer must notify the Provider of its decision to withdraw from the Contract by means of an unambiguous statement (for example, a letter sent by post or an email). The Customer may use the model withdrawal form but is not obliged to do so.
ENLAPS
26 Avenue Jean Kuntzmann, 38330 Montbonnot-Saint-Martin
Email – contact@enlaps.fr – Tel: (+33) 4-58-00-57-30
The Customer may also complete and submit the model withdrawal form or any other unambiguous statement on the website https://enlaps.io/contact. If the Customer uses this option, the Provider will promptly send an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email).
To comply with the withdrawal period, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
Effects of withdrawal
If the Customer withdraws from the Contract, the Provider will reimburse all payments received from the Customer, including delivery charges (except for Customers outside the EU, for whom delivery charges will not be reimbursed; and for Products, any additional costs resulting from the Customer’s choice, where applicable, of a delivery method other than the least expensive standard delivery offered) without undue delay and, in any event, no later than fourteen days from the day on which the Provider is informed of the Customer’s decision to withdraw from the Contract. The Provider will carry out the reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, such reimbursement will not incur any fees for the Customer.
Additional details for Products:
The Provider may withhold the reimbursement until it has received the goods back or until the Customer has supplied evidence of having sent back the goods, whichever is the earliest.
The Customer must return or hand back the goods to ENLAPS, 26 Avenue Jean Kuntzmann, 38330 Montbonnot-Saint-Martin, without undue delay and in any event no later than fourteen days from the day on which the Customer communicates its decision to withdraw from the Contract. This deadline is met if the Customer sends back the goods before the period of fourteen days has expired. The Customer shall bear the direct cost of returning the goods.
The Customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the goods.
Additional details for subscriptions to myTikee Services (supply of digital content):
Special provision for professional Customers: where they have begun to receive the service, they are deemed to have waived their right of withdrawal.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of ENLAPS – Email: contact@enlaps.fr
I/We (*) hereby give notice that I/we (*) withdraw from the contract for the sale of the following goods (*)/for the myTikee Services (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
6. Provisions applicable to Orders for Products
6.1 Product availability
When placing the Order, ENLAPS undertakes to make every effort to provide the Customer with information on the availability of the various Products. If unavailability is discovered after the Order is placed, the Customer will be informed as soon as possible by email and, where applicable, will be told the additional delivery time caused by the unavailability of the Products. If the additional delivery time does not match the Customer’s possible time constraints, the Customer may contact customer service by email via the Website contact form to indicate its constraints and determine the consequences of the additional delivery time.
6.2 Place of delivery – delivery charges
Products are delivered to the shipping address indicated by the Customer when placing the Order. The shipping address may differ from the billing address. The possible delivery areas are those indicated by ENLAPS on the date of the Order.
Delivery charges may apply depending on the requested delivery area. Such charges are indicated to the Customer when placing the Order.
6.3 Delivery times
Products sold to the Customer are delivered within the timeframes specified in the Order.
Unless more favorable provisions apply to a consumer Customer:
the delivery times indicated are for guidance only and not binding; and
ENLAPS may not be held liable in any way for delay or suspension of delivery not attributable to ENLAPS.
6.4 Checks on receipt of Products
The Customer undertakes to check the Products upon receipt and to note any reservations on the delivery slip, particularly in the event of damaged packaging or non-compliance with the Order. The Customer shall notify ENLAPS of its reservations regarding the Products delivered within a maximum period of five (5) business days from the date of receipt of the Products, via customer service using the contact form at: https://enlaps.io/fr/contact
ENLAPS undertakes to reimburse the Customer or to exchange the Products if, after verification, the complaint made in the prescribed form and time proves to be well-founded.
Unless more favorable provisions apply to a consumer Customer: if no reservation is made by the Customer within this period, the Products shall be deemed delivered in a quantity compliant with the Order and free of any apparent defect attributable to ENLAPS.
6.5 Questions
For any information on the status of the Order or for any question, Customer Service is available by telephone at (+33) 4-58-00-57-30 (local call rate from a landline) or via the chat on our website https://enlaps.io. These services are open Monday to Friday from 9 a.m. to 12 p.m. and from 2 p.m. to 6 p.m. (closed on Saturdays, Sundays and public holidays), or via our contact form: https://enlaps.io/fr/contact
6.6 Transfer of title to the Products
Unless more favorable provisions apply to a consumer Customer, title to the Products shall pass to the Customer only after full payment of the price, regardless of the delivery date of the Products. Risk of loss and deterioration shall pass to the Customer upon receipt of the order, i.e., when the order is handed over to the Customer by the carrier, regardless of the date of payment for the products.
6.7 Commercial warranty for Products sold
For the statutory warranty conditions applicable to French consumer Customers or Customers residing in France, please refer to the Special Conditions applicable to consumer Customers.
For other Customers, the following provisions apply:
The Products are covered by a warranty for a period of two (2) years from the date of receipt of the Products, covering defects, non-conformity or malfunction of the Products and any hidden defects resulting from defective materials, design or manufacture affecting the delivered Products and making them unfit for use.
This warranty does not cover apparent defects at the time of receipt; such defects must be the subject of a complaint in accordance with Article 6.4 of this Contract.
To assert its rights under this warranty, the Customer must, failing which it will forfeit any related claims, inform ENLAPS via the contact form available at https://enlaps.io/fr/contact of the existence of the defect, non-conformity or malfunction within a maximum period of ten (10) business days from discovery.
Claims under this warranty will be accepted only if the Customer proves (i) a defect, malfunction or non-conformity of the Product(s) occurring under normal conditions of use, installation, applications and service as specified in the Product user manual provided by ENLAPS, and (ii) that such defect, malfunction or non-conformity of the Product(s) results exclusively from a hardware and/or manufacturing defect attributable to ENLAPS.
Upon receipt of the notification and of the defective product(s), ENLAPS shall have ten (10) business days to confirm to the Customer whether the commercial warranty applies.
If the warranty applies, a case number will be provided to the Customer. This number must be indicated on the package to be returned.
The Customer shall return the defective or allegedly defective Product(s) to ENLAPS at its own expense and undertakes to strictly comply with ENLAPS’s instructions regarding packaging and shipping conditions for the Product(s). The return of Products without ENLAPS’s prior authorization and not in accordance with ENLAPS’s packaging and shipping instructions will not be accepted and will result in non-application of the warranty.
At its sole discretion, ENLAPS may repair the defective Product(s), replace them (where applicable with a refurbished Product), or refund the Customer.
The warranty does not cover reshipment costs outside mainland France.
Nor does it cover costs of installing, uninstalling or reinstalling the Products.
The warranty will be excluded if, after verification by ENLAPS, the defect originates from misuse of the Product(s), use in a marine, tropical or equatorial environment, negligence, accident or lack of maintenance by the Customer or a third party, normal wear and tear of the Product, or force majeure.
The warranty will also be excluded in the event of malfunction of the Product(s) resulting from alteration, incorrect installation or application, unauthorized modification, negligent use, storage, transport or handling, or where the Product has been repaired, or has been altered in any way due to power failure, electrical surges, lightning, flooding, fire, accidental breakage, vandalism, acts of war, natural disaster, or any other event beyond ENLAPS’s control.
Furthermore, the warranty does not apply to changes in the aesthetic appearance of the Product(s) resulting from normal aging of the materials comprising the Product(s).
Replacement of the defective Product(s) or parts shall not extend the above warranty period.
7. Provisions relating to Orders for subscriptions and paid myTikee Services
Access to paid myTikee Services is primarily by subscription, which may be ordered:
directly on the cloud Platform, or
on the basis of a quotation issued by ENLAPS.
7.1 Correlation between the number of subscriptions and the number of connected cameras
A paid subscription to myTikee Services corresponds to a license permitting connection of a single camera.
Accordingly, to connect multiple cameras to paid myTikee Services, the Customer must subscribe to as many subscriptions as there are cameras to be connected.
To benefit from paid Software Services, the Customer must have as many subscriptions as cameras connected to its account.
Users benefiting from free access to myTikee Services are not subject to this limitation.
7.2 Ordering subscriptions and/or optional features (add-ons)
From the Platform, the Customer may:
add or remove licenses (subscriptions corresponding to cameras);
add or remove packages of additional features independently of a subscription (add-ons, such as additional storage capacity or access to specific AI dashboards).
These operations are performed directly from the Platform using the “Change the number of active licenses on your account” feature.
Removal of a license is subject to prior disassociation of the relevant camera from the Customer’s account.
7.3 Activation of the subscription
In the case of online subscription, the subscription is activated automatically once the order is confirmed.
In the case of subscription by quotation, the subscription is activated by the Customer using an activation key (token) sent by ENLAPS by email. This token must be activated within one (1) month from the date it is sent, failing which the subscription will automatically expire without refund. The subscription term runs from the date the token is activated.
7.4 Term of the subscription
The term of the subscription depends on the subscription method:
Subscription on the Platform: The subscription may be taken out for a monthly or annual term. It is tacitly renewed on each anniversary date for the same term, unless terminated by the Customer.
The Customer may terminate the subscription at any time from its customer area, without notice, up to the last day of the current subscription period. Amounts paid shall remain with ENLAPS and are non-refundable.
Where a Customer subscribes to multiple subscriptions (corresponding to several licenses/cameras), the reference anniversary date is that of the first subscription taken out. Any additional license subscribed thereafter is aligned with this anniversary date, so that all licenses renew automatically on common due dates.
The Customer then pays the amount corresponding to the pro rata temporis of the remaining period until the next common due date.
The Customer may terminate the subscription directly from its personal area on the platform, in one click, via the “Terminate” button. This termination may be made up to the last day of the current subscription period. Amounts paid shall remain with ENLAPS and are non-refundable.
Subscription by quotation: The subscription is concluded for a fixed term agreed in the quotation. It is not tacitly renewed. At the end of this period, the subscription ends automatically without prior notice being required.
7.5 Consequences of the end of the subscription
Until the end of the subscription (whatever the cause), the Customer may, if it wishes, back up or migrate content stored on the myTikee Platform.
At the end of the subscription, the Customer’s account automatically switches to the free plan. ENLAPS may, at its sole discretion, delete all or part of the content exceeding the storage capacity associated with this free plan.
ENLAPS provides the Customer with the tools necessary for portability of data processed as part of the myTikee Services.
To this end, within the limits of its subscription and at no additional cost, the Customer may:
access the data it has generated, provided or received via the myTikee Services, including associated metadata;
export such data in a structured, commonly used and machine-readable format, under technical conditions compatible with standard market use;
transfer said data to another service provider, to the extent technically feasible, benefiting from reasonable interoperability features made available by ENLAPS.
Upon the Customer’s written request, ENLAPS will cooperate in good faith with migration to a third-party provider, on reasonable terms of cost, time and security, including with regard to the features necessary for system interoperability.
7.6 Evolution of the Services
ENLAPS reserves the right to modify the myTikee Services, including removing or adding features, upgrading hosting, etc. The Services and features in force are those described on the ENLAPS Website.
With respect to Services subject to an ongoing subscription, the Customer will be informed by email, within a reasonable time before implementation, of any modification likely to materially degrade or reduce said Services. In such a case, the Customer may terminate its subscription by registered letter with acknowledgment of receipt. The Customer will then owe the price of its subscription pro rata to its use until the early end of the subscription.
8. Provisions relating to use of the myTikee Services, the software embedded in a Tikee camera, and the Tikee Remote mobile application (the “Software Services”)
The terms of use of the myTikee Services, the software embedded in the camera, and the Tikee Remote mobile application (the “Software Services”) are set out in the General Terms of Use, which the Customer User undertakes to accept without reservation when creating a myTikee account at: https://my.tikee.io/.
These Software Services are described in detail in the General Terms of Use (GTU). In summary, they include:
the right of access to and use of the Software Services (license right) under the conditions set out in the GTU and in Article 13 (Intellectual Property) of these General Terms; and
hosting of the applications, software and the data they contain, maintenance, availability and security under the conditions set out in the GTU.
9. Prices of Products and Services
9.1 Price determination
For online Orders, prices are those indicated on the Online Store and the Platform.
For quotation-based Orders, prices are those indicated on the quotation provided by ENLAPS.
Prices are indicated in euros or in US dollars depending on the Customer’s country of residence.
Unless otherwise specified, prices are exclusive of taxes and shipping costs, which are specified when placing the Order. Any changes in taxes and charges will in principle be passed on to the Customer.
ENLAPS also reserves the right to offer preferential rates. The conditions and duration of such benefits will be presented on the Website or communicated to the Customer.
Promo codes are valid only for the period and under the validity conditions specified by ENLAPS. They may under no circumstances be converted into an amount refundable or payable to the Customer. Unless otherwise stated on the promo codes, they cannot be combined with each other when placing an Order.
ENLAPS reserves the right to change its prices at any time. However, the prices indicated on the day the Order is confirmed shall apply.
9.2 Possible customs duties and taxes for Products
When the Customer orders Products for delivery to overseas territories or outside the European Union, the Customer is deemed to be the importer of the Products. The Customer must therefore comply with all laws and regulations of the country in which it receives the Products. The Customer may be subject to import obligations and taxes, which are collected when the parcel arrives at its destination.
For Orders shipped to overseas territories or outside the European Union, any customs duties and taxes are payable by the Customer. ENLAPS has no control over these charges. Customs policies vary considerably from country to country; the Customer should therefore contact the local customs office for more information.
9.3 Payment of the price
Payment for subscriptions to myTikee Services:
The price of paid myTikee subscriptions is payable in advance and in full on the day of the Order or on the anniversary date.
Price revision for subscriptions:
For subscriptions taken out on quotation and activated by sending a token: upon renewal of the subscription, a new Order is placed. The price is then the price in force on the renewal date, as indicated in the Order.
For subscriptions taken out on the Platform and tacitly renewed: subscription prices may be revised by ENLAPS on the anniversary date of the first subscription or on 1 January of each year, up to a limit of 5% compared with the previous price applied.
Independently of the above price-revision clause, in the event of a significant increase in costs related to performance of the subscription (for example, hosting costs), ENLAPS shall be entitled to request a review of its prices (review clause).
If the Customer expressly disagrees with this revision, the Customer may terminate the subscription by letter, giving 20 days’ notice. The Customer will then remain liable for the Services and the price initially agreed until the early termination of the Contract.
Payment for Products:
The price of the Products is payable in full when placing the Order. Payment may be made by bank card, bank transfer or PayPal.
If payment of the price is incomplete or not made for a reason attributable to the Customer, the Order will be automatically canceled, access to paid myTikee Services will be blocked and any resulting costs will be borne by the Customer, without prejudice to any damages.
9.4 Electronic invoices
The Customer is informed of and consents to receiving by email the invoice corresponding to its Order. This invoice is also available on the Online Store (for Products) and on the Platform (for Software Services).
9.5 Late payment
The Customer may under no circumstances offset, reduce or modify prices or suspend payment in advance.
Unless more favorable provisions apply to a consumer Customer, in the event of late payment, late-payment penalties calculated on the basis of the European Central Bank’s key rate plus 10 percentage points shall automatically and as of right be payable to ENLAPS, without formality or prior notice. Payment will render immediately due all sums owed, without prejudice to any other action that ENLAPS may be entitled to bring against the Customer.
If the payment terms set out above are not complied with, such as in the event of late payment, ENLAPS also reserves the right to suspend or cancel delivery of Orders in progress from the Customer, to suspend performance of its obligations, or to reduce or cancel any discounts granted to the Customer. ENLAPS also reserves the right to suspend access to and use of the Software Services, such as access to the myTikee application.
Finally, a fixed recovery charge of €40 will be payable by the Customer as of right and without prior notice in the event of late payment. ENLAPS reserves the right to claim additional compensation from the Customer if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.
10. Obligations of the Parties
10.1 ENLAPS’s obligations
Unless more favorable provisions apply to a consumer Customer, ENLAPS is bound by a general obligation of means. ENLAPS undertakes to use all reasonable efforts to perform the Services described in this Contract.
10.2 Customer’s obligations
The Customer undertakes to read and comply with the terms of use of the Products available on the Website (including terms relating to outdoor weather conditions), as well as the terms of use of the Software Services.
The Customer must regularly update the software of the Tikee Remote mobile application and the internal software of the Tikee camera, in accordance with the recommendations published by ENLAPS on its Website at: https://enlaps.io/download.
The Customer may also subscribe to ENLAPS’s newsletter, if desired, to receive information and advice from ENLAPS, including on software updates.
Use of the Software Services is under the exclusive and entire responsibility of the Customer and its Users (in particular services for analyzing and detecting objects, people and situations).
ENLAPS points out that these services are automated by algorithms using artificial intelligence. Although ENLAPS uses its best efforts to provide quality results, it does not verify the images or the results obtained after analysis and cannot guarantee their reliability.
The Customer undertakes to check and ensure that results obtained from the Services and Products reflect reality before any use/exploitation thereof.
ENLAPS’s liability may under no circumstances be incurred in this respect.
The Customer is solely responsible for the following:
its settings and its use of the Products and ENLAPS, as well as the results obtained;
the purposes for which it uses them;
the data it imports into or uses on the Products and Services.
The Customer undertakes to use the Products and Services only for lawful purposes, in accordance with applicable laws and regulations, public policy and good morals.
The Customer also undertakes not to use the Products and Services to hinder or disrupt their proper functioning, including by transferring content deliberately or unintentionally at inappropriate times (except in the case of scheduled use) causing excessive traffic.
It is the Customer’s responsibility to retain all of its data and create its own backups.
11. Personal Data
The Customer acknowledges having read and accepted ENLAPS’s personal data use policies appearing on the Website, the myTikee and Tikee Remote applications, and the software embedded in the Tikee camera.
12. Intellectual property
12.1 ENLAPS’s intellectual property
ENLAPS’s intellectual property rights
ENLAPS holds the intellectual property rights enabling it to grant the Customer the right to access and use the Products and Software Services provided by the myTikee and Tikee Remote applications and the software embedded in the Tikee camera (together, the “Works”), in accordance with these Terms. ENLAPS also holds rights over content generated by algorithms.
The Customer acknowledges that these Terms confer no ownership rights in the applications. Provision of the applications under these Terms may not be construed as a transfer of any intellectual property right within the meaning of the French Intellectual Property Code.
Accordingly, the right of access and use granted to the Customer hereunder excludes any transfer of intellectual property rights, in particular the rights referred to in Articles L.122-1, L.122-6 and L.122-7 of the French Intellectual Property Code.
License granted to the Customer to access and use ENLAPS’s Works:
ENLAPS grants the Customer, for the duration of the Contract and worldwide, a non-exclusive, non-assignable and non-transferable right of access to and use of the myTikee and Tikee Remote applications and the software embedded in Tikee cameras.
The scope of this right varies depending on the myTikee Services subscribed by the Customer
in the Order.
A subscription to paid myTikee Services entitles the Customer to a single user license. The User has an individual myTikee account. Where a Customer has administrator access, it becomes fully responsible for managing User accounts and User IDs and passwords.
The Customer is strictly prohibited from any use outside the scope of these Terms, including any reproduction, adaptation, modification, representation, translation, arrangement, dissemination or decompilation, without limitation.
The Customer undertakes not to infringe in any way ENLAPS’s rights in the Works and not to carry out any acts likely to result in counterfeiting of any part or component of these applications.
The Customer is advised that any use of the Works that does not comply with these Terms exposes it to legal action (unfair competition, counterfeiting, etc.).
The Customer is informed that ENLAPS may use pre-existing software for which it has obtained the rights necessary for their use.
In particular, the Customer is informed that the Works may use so-called “free” or “open-source” modules or libraries.
The licenses relating to these modules or libraries (which ENLAPS will make available to the Customer on written request) may contain full exclusions of warranties. In such cases, the Customer agrees that ENLAPS cannot grant more warranty than ENLAPS itself receives under the licenses for such modules or libraries. ENLAPS therefore excludes any warranty relating to such “free” or “open-source” modules or libraries whose licenses contain a
warranty exclusion.
By derogation from Article 1626 of the French Civil Code, no warranty of quiet enjoyment is granted by ENLAPS.
12.2 Customer’s intellectual property and license granted to ENLAPS
The Customer may hold intellectual property rights in content it creates, imports, publishes and shares on the myTikee and Tikee Remote applications, except for content generated by ENLAPS’s algorithms.
Nothing in these Terms deprives the Customer of the rights it holds in its own content.
However, the Customer grants ENLAPS a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license over its content to host, use, modify, perform, copy and display it.
This license right is granted to ENLAPS in particular to enable it to provide the Services, to optimize artificial intelligence and image-processing algorithms, and for statistical purposes.
Furthermore, where the Customer chooses to make content public, the Customer automatically grants ENLAPS a license right to use, modify, copy and display such content (videos, photos, etc.) for commercial, marketing and communication purposes.
This license terminates when the content is deleted from ENLAPS’s systems.
12.3 User’s intellectual property and license granted to other Users
When a User decides to publish content it has created, alone or with other Users, the User then grants all other Users of the Platform a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to re-share such content for non-commercial purposes.
12.4 Third-party intellectual property
Content that the Customer chooses to publish, share or import on ENLAPS’s applications, such as photos or videos, may be protected by third-party intellectual property rights.
The Customer undertakes to scrupulously respect the intellectual property rights of such third parties and to ensure beforehand that it holds all necessary rights to publish, share or import such content.
In particular, the Customer may not publish, share or import on ENLAPS’s applications third-party works and/or works depicting third parties (photos, texts, etc.) for which it does not hold the necessary usage rights or exploitation authorizations, or reproduce third-party trademarks for which it does not hold usage rights.
The Customer undertakes to indemnify ENLAPS against any claims and liability and/or counterfeiting. In such a case, the Customer shall reimburse all damages, fines, costs and expenses that ENLAPS may be required to pay to a third party in this respect.
13. Force majeure
Neither Party shall be liable for any delay or failure in the performance of any of its obligations under this Contract or an order placed pursuant to this Contract if such delay or failure is due to the occurrence of a force majeure event customarily recognized by the case law of the French courts.
Notwithstanding force majeure events customarily recognized by French case law, the Parties expressly agree that the following shall be considered force majeure events: acts of terrorism, wars, total or partial strikes and lockouts by third-party companies impacting performance, inclement weather, epidemics, blockage of traffic routes, means of transport or supplies for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to marketing forms, blockage of telecommunications (France Télécom networks or technical center).
The Party wishing to invoke a force majeure event must notify the other Party by registered letter with acknowledgment of receipt as soon as possible after becoming aware of such event. As soon as the effects of the invoked force majeure event have ceased, the affected Party shall inform the other Party without delay by any means and shall immediately resume performance of its obligation.
If the effects of the force majeure event persist for more than one (1) month, the Parties agree that this Contract may be terminated as of right at the initiative of the more diligent Party by registered letter with acknowledgment of receipt, without prejudice to the payment terms for services performed.
14. Subcontracting / assignment
The Customer grants ENLAPS general authorization to subcontract all or part of the services and Services to any service provider of its choice.
In any event, ENLAPS will remain responsible to the Customer for proper performance of the contract and of the services by the subcontractor it engages.
ENLAPS is also authorized to assign the Contract to any transferee of its choice. The Customer will be informed of the assignment. In the event ENLAPS assigns this Contract, the Customer agrees that ENLAPS will not be jointly liable with the transferee for proper performance of the Contract.
Any assignment, subrogation, substitution or other form of transfer of this Contract by the Customer is prohibited without ENLAPS’s prior written consent.
15. Liability
15.1 No liability of ENLAPS for content
The Customer is solely responsible for content it chooses to create, import, publish or share on the applications.
ENLAPS does not monitor such content and does not control the actions and conduct of other Customers and Users of its applications.
Accordingly, the Customer accepts that ENLAPS cannot be held liable for content created, imported, published or shared on the applications. Nor is ENLAPS liable for the acts or omissions of other Users and Customers towards the Customer.
15.2 ENLAPS’s liability
A Customer placing Orders for Product(s) and Service(s) is solely responsible for its choices. The Parties therefore agree that ENLAPS’s liability cannot be incurred due to the inadequacy of a Product or Service ordered for the Customer’s needs.
ENLAPS is responsible only for tasks expressly assigned to it under the Order.
Use of the Products and Software Services is under the exclusive control and the sole and entire responsibility of the Customer and its Users. ENLAPS shall not be liable in any way for the Customer’s use of the Products or Services and/or the results obtained through the Products and Services, nor for content entered into ENLAPS’s applications.
ENLAPS does not guarantee continuity and quality of communication links with the Customer, particularly the Customer’s Internet access failures, which are not the Provider’s responsibility. Thus, ENLAPS’s liability cannot be incurred in the event of malfunctions in communication networks resulting in delays in application operation and/or total or partial loss or destruction of data.
In no event shall ENLAPS be held liable in the event of:
fault, improper use, negligence, omission, failure to check and/or verify results, or default by the Customer or a User constituting the sole cause of the damage;
incomplete, inaccurate, misleading or poor-quality results obtained by the Customer from the Products and Services, insofar as these are under the Customer’s entire control and the Customer undertakes to verify them before any use/exploitation;
malfunction or unavailability of any tangible or intangible item where supplied by the Customer;
incorrect configuration of the Product by the Customer;
loss or alteration of the Customer’s data, ENLAPS being under no backup obligation;
force majeure.
Furthermore, ENLAPS shall not be liable, in particular, for interruptions to the Services or damage related to:
abnormal or fraudulent use by the Customer or third parties requiring suspension of the Service for security reasons;
unauthorized intrusion by a third party into the Solution, or illicit extraction of data, despite the implementation of security measures in line with current state-of-the-art techniques, ENLAPS being subject only to an obligation of means regarding known security techniques;
the nature and content of information and data created and/or communicated by the Customer; more generally, ENLAPS can in no case be held liable for data, information, results or analyses originating from a third party;
interruption of electricity supply or transmission lines due to public or private operators;
the quality of the 4G or Wi-Fi network, the operation of the Internet or telephone networks.
ENLAPS’s liability may be incurred only in the event of fault and for direct damages attributable to it in connection with performance or non-performance, even partial, of its obligations under the Contract, it being understood that indirect damages are excluded.
Accordingly, ENLAPS shall not be liable for any indirect loss, including but not limited to loss of revenue, loss of profit, loss of orders, loss, inaccuracy or corruption of files or data, loss of opportunity, damage to image, or any other special damage or events beyond its control or any act not attributable to it.
By express agreement between the Parties, ENLAPS’s liability is limited, for all direct losses combined, to the net amount (excluding taxes) of the relevant Order. ENLAPS’s liability under the Contract shall be time-barred one (1) year from the harmful event.
16. Termination for breach
If either Party breaches any of its obligations under this Contract, the other Party may, 30 days after a formal notice sent by registered letter with acknowledgment of receipt remains without effect, terminate this Contract as of right, without prejudice to any damages it may claim as a result of the breaches invoked.
17. Evidence agreement
The Parties intend to establish rules on admissible evidence between them in the event of a dispute and their probative value. The Parties acknowledge the validity and full probative value of the following items and processes, as well as the signatures and authentication processes they represent:
the names of the Customer and Users, and the confidential usernames and passwords used;
data and files stored on ENLAPS’s applications;
automatic notifications (emails and SMS);
IP addresses and connection logs;
checkboxes intended to collect the timestamped consent of the Customer and the User.
The Parties also acknowledge the validity and full probative value of any electronic signatures that may be affixed to the Contract, thereby formalizing the Parties’ agreement to the terms of the Contract on its date of signature.
The professional Customer undertakes not to contest the admissibility, validity or probative value of the above items.
18. Miscellaneous
Each clause of this Contract must be interpreted, to the fullest extent possible, so as to be valid under the law applicable to it. If any provision of this Contract is found to be illegal, null and void or unenforceable by any court or competent administrative authority by virtue of an enforceable decision, that provision shall be deemed unwritten without affecting the validity of the other provisions, and shall be replaced by a valid provision with equivalent effect, which the Parties undertake to negotiate in good faith, as they would have agreed had they known the illegality, nullity or unenforceability of the said provision.
Failure by a Party to invoke any provision of this Contract shall in no event constitute a waiver of its right to demand compliance with any of its terms and conditions.
19. Governing law – Jurisdiction
The French version of these general terms and conditions is authoritative and prevails over any version drafted in another language.
This Contract is governed by French law. Any dispute arising out of the interpretation, performance or termination of an Order or these General Terms shall be subject to a prior attempt at amicable settlement by referral to Customer Service by the Customer.
Failing amicable settlement within thirty (30) days from notification of the dispute by the more diligent Party, the dispute shall be subject to the exclusive jurisdiction of the courts of Grenoble, notwithstanding multiple defendants or third-party proceedings, including in emergency or protective proceedings.
SPECIFIC TERMS AND CONDITIONS OF SALE
(Applicable to French consumers or residents in FRANCE)
1) Scope of Application
These specific terms and conditions (hereinafter the "Specific Terms" or "ST") are intended to define the special conditions applicable to Orders placed by the consumer Client, meaning, for the purposes hereof, a French consumer or a Client habitually residing in France.
For the application of these Specific Terms, it is specified that Orders placed electronically by the consumer Client, such as those concluded via the Online Store and the Platform, constitute distance contracts within the meaning of Article L. 221-1 of the French Consumer Code.
The Client acknowledges having read, prior to committing, the content of this Contract, which includes the mandatory pre-contractual information provided for in Article L.221-5 of the Consumer Code.
The consumer Client agrees to receive a copy of this Contract electronically.
2) Conditions Applicable to Product Orders
2.1 Product Delivery Times
By way of exception to Article 6.3 of the General Terms and Conditions, ENLAPS commits to binding delivery deadlines when the Order is placed online.
The maximum delivery time for Products from the date of Order confirmation is 30 business days, except for pre-orders for which the Client expressly agrees to an estimated delivery date. In the event of a significant delivery delay known to ENLAPS, the Client will be notified as soon as possible via email and offered an alternative solution.
2.2 Legal Warranties for Products
By way of exception to Article 6.7 of the General Terms and Conditions, the following specific conditions apply to consumer Clients:
ENLAPS is bound by:
the legal guarantee of conformity, provided for in Articles L. 217-3 to L. 217-20 of the Consumer Code, enabling the Client to obtain, free of charge, the repair or replacement of a non-compliant Product, or failing that, a price reduction or the cancellation of the sale, including for software services (hereinafter "digital content or services");
the warranty against hidden defects, provided for in Articles 1641 to 1649 of the Civil Code, allowing the Client to return the product and obtain a refund, or to keep it and get a partial refund.
Legal Texts:
Legal Guarantee of Conformity (Products)
The consumer Client has two years from the delivery of the goods to invoke the legal guarantee of conformity in case of a conformity defect. During this period, the consumer only needs to prove the existence of the defect, not when it appeared.
If the contract provides for the continuous supply of digital content or services for more than two years, the legal guarantee applies throughout the supply period. During this period, the consumer only needs to prove the existence of the defect, not its date of appearance.
The legal guarantee of conformity includes the seller’s obligation to provide any necessary updates to maintain conformity.
The guarantee gives the consumer the right to repair or replace the product within 30 days of the request, free of charge and without major inconvenience.
If the product is repaired under the legal guarantee, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests a repair but the seller imposes a replacement, the legal guarantee is renewed for two years from the replacement date.
The consumer can get a price reduction or terminate the contract (and be fully refunded upon return of the product) if:
The professional refuses to repair or replace the product;
The repair or replacement takes longer than 30 days;
Repair or replacement causes major inconvenience (e.g., return or removal costs borne by the consumer, or installation costs of the repaired or replacement product);
The non-conformity persists after an unsuccessful attempt at repair.
The consumer may also request an immediate price reduction or contract termination if the defect is serious enough to justify such a decision. They are not required to first ask for repair or replacement.
The sale cannot be cancelled if the defect is minor.
Any downtime while the product is under repair or replacement pauses the warranty period.
The above rights stem from Articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller acting in bad faith to obstruct the legal guarantee may face a civil fine of up to €300,000, or 10% of their average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the warranty against hidden defects, as per Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction or a full refund against the return of the product.
Legal Guarantee of Conformity for the Continuous Supply of Software Services (Digital Content or Services)
The consumer has the right to invoke the legal guarantee of conformity for any defect appearing during the entire contractual supply period, starting from the first provision of digital content or service. During this time, the consumer only needs to prove the existence of the defect.
This guarantee includes the obligation to provide all necessary updates to maintain conformity.
The consumer has the right to conformity restoration without undue delay, free of charge and without major inconvenience.
They may also obtain a price reduction (while keeping the content or service), or terminate the contract for a full refund in the following cases:
The professional refuses to bring the content or service into conformity;
There is an undue delay in doing so;
Bringing the content or service into conformity would impose costs on the consumer;
The process causes major inconvenience;
The defect persists after an unsuccessful attempt at correction.
Consumers may also seek immediate termination or price reduction if the defect is severe. They are not required to request a fix beforehand.
In cases of minor defects, cancellation is only available if the contract did not involve a price.
Any downtime during which the content or service is unavailable suspends the warranty period.
These rights are based on Articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.
The professional acting in bad faith to obstruct this guarantee may be fined up to €300,000 or 10% of annual turnover (Article L. 242-18-1 of the Consumer Code).
Warranty Against Hidden Defects
The seller is liable for hidden defects that render the product unfit for its intended use, or diminish its value to the extent that the buyer would not have acquired it, or would have paid a lower price, had they known of them.
Legal action must be brought within two years of discovering the defect.
Product Returns
For any warranty-related request, the Client must contact the Provider at:
26 Avenue Jean Kuntzmann, 38330 Montbonnot-Saint-Martin, France.
The Provider will cover the return shipping costs for any Product found to be defective or non-compliant.
Exclusions for Products
Legal warranties do not cover:
Product unsuitability for the Client’s needs
Improper or non-compliant use/installation
Unauthorized modification
Failure to follow instructions, precautions, or warnings
Poor maintenance or storage
Normal wear and tear
Defects caused by external events or factors
Exclusions for Software Services
Legal warranties do not cover:
Incompatibility with the Client’s equipment/software if not compliant with specifications
Improper use, installation, or configuration
Unauthorized content modification
Non-compliance with the Provider’s instructions
Malfunctions caused by external elements (e.g., weak internet connection, hardware failure)
The Client is informed that spare parts for the Products are available on the market for two years.
ENLAPS cannot be held liable for improper or intensive use of the Products by the consumer Client.
3) Conditions Applicable to Late Payment Penalties
By way of exception to Article 9.5 of the General Terms and Conditions, in the event of late payment, penalties calculated on the basis of the legal interest rate will apply after a formal notice remains unsuccessful for a period of 15 days from receipt.
4) ENLAPS’ Obligations for Distance Orders
By way of exception to Article 10.1 of the General Terms and Conditions, ENLAPS is fully liable by law to the consumer Client for the proper performance of its contractual obligations for Orders concluded remotely.
5) Consumer Mediation
ENLAPS is a member of the CONSUMER MEDIATION SERVICE: an amicable settlement of disputes between the professional and the consumer in accordance with Articles L611-1 to L641-1 and R612-1 to R616-2 of the Consumer Code.
In case of an unresolved dispute between the Professional and the Consumer, the consumer may contact the consumer mediator.
Before referring the matter to the consumer mediator, the consumer must first attempt to resolve the issue directly with the professional by means of a written complaint or under the contract terms.
Consumer mediation is an out-of-court settlement procedure.
If all conditions are met, the process will follow current legal procedures.
The procedure is free of charge for the consumer (R612-1 of the Consumer Code).
TO CONTACT THE CONSUMER MEDIATOR:
If no agreement is reached after a complaint to the professional:
Amicable resolution of disputes between professional and consumer under Articles L611-1 to L641-1 and R612-1 to R616-2 of the Consumer Code. Free for the consumer.
The consumer mediator is neutral, independent, and impartial. They are not part of the company with which the dispute exists.
MEDIATION – VIVONS MIEUX ENSEMBLE
Website: www.mediation-vivons-mieux-ensemble.fr
Address: 2 impasse de Beauregard, 54000 NANCY
Email: mediation@vivons-mieux-ensemble.fr
MPORTANT:
Never send original documents—only copies
Never send defective, disputed, or refundable items to the mediator
Include your phone number and email address
Do not send emails for information purposes only—non-request emails will not be processed
After an unsuccessful written complaint to ENLAPS’ Customer Service, the mediation service may be contacted for any unresolved consumer dispute.
In case of a dispute with a French consumer or resident in France that cannot be settled amicably, jurisdiction shall lie with the court of the defendant's place of residence, in accordance with Article 42 of the Code of Civil Procedure, or, at the defendant's option, the place of delivery of the Product or performance of the Services, in accordance with Article 46 of the Code of Civil Procedure.
