General terms and conditions of sales
The French version is authoritative and binding for all.
Last update: April 27, 2023
The present general terms and conditions (hereinafter "the General Conditions") govern all orders (hereinafter "Order(s)") for products and/or services placed on the website https://enlaps.io/ (hereinafter the "Website")
GENERAL TERMS OF SALE
1) Subject matter of the terms of sale
These general terms and conditions (hereinafter "GT&C") are intended to establish the terms and conditions under which the company ENLAPS (hereinafter "ENLAPS"), a specialist in the capture and analysis of images, provides a client (hereinafter the "Client") with products and/or software services, as described in the Order (collectively defined as the "Services").
2) Documents making up the Contract
The Contract governing the contractual relationships between the Parties (hereinafter the "Contract"), is composed of the following contractual documents:
The Order
The special conditions (SP) related to Orders placed by a consumer Client
The present general conditions (GC)
The contractual documents explain each other. However, in case of contradiction between them, the higher-ranking document shall prevail.
The Client waives the application of their own general terms and conditions. Provisions included in the Client's invoices or purchase orders cannot in any case override the stipulations of the contractual documents mentioned above.
The Contract constitutes the entire and sole agreement of the Parties on the subject matters herein. Therefore, it replaces from its effective date any contract, agreement, exchange of letters, oral agreement, and other negotiations, including previous versions of the contract that may have occurred between the Parties prior to the effective date of this Contract concerning the same subject matter, except for express disagreement by the Client formulated by registered letter with acknowledgment of receipt within 15 days from the provision of this Contract to the latter.
The Contract can only be modified by means of a new Order.
3) Contract formation
The Contract may be formed electronically or otherwise.
The products and services subscribed by the Client are those specified in the Order.
3.1 Provisions applicable to non-electronic Orders
For non-electronic Orders, the Client undertakes during a preliminary information phase to communicate in writing to ENLAPS its needs and all useful, exact, complete, and unambiguous information necessary for determining the specificities of its needs.
The Client declares to be fully informed of the Services, subject of the Contract, and acknowledges that ENLAPS has been fully available to inform them of everything that was determinative according to the needs expressed by the Client.
The Contract is deemed to be formed upon receipt by ENLAPS of the Order signed by the Client.
The fact for the Client to have ENLAPS carry out Services provided for in the Order constitutes full and complete acceptance of said Order and the contractual documents in all their terms.
3.2 Provisions specific to Orders concluded electronically
The Client has the option to order myTikee Products and/or Services electronically, in particular from the ENLAPS website at the following address: www.enlaps.io
It should be specified that:
When the Client is not a French consumer or resident in France, it is agreed to derogate from the provisions of articles 1127-1 and 1127-2 of the Civil Code on contracts concluded electronically.
When the Client is a French consumer or resident in France, these General Conditions as well as the Specific Conditions applicable to consumers shall apply.
4) Definitions
For the execution of the Contract, the terms and expressions starting with a capital letter are understood as follows:
"Products" : designates the products of the company ENLAPS, as presented on the website www.enlaps.io. The products offered are essentially cameras named "Tikee" integrating embedded software, and accessories, allowing the creation of timelapses; i.e. accelerated videos from photographs taken at regular intervals. The Tikee camera works with Tikee remote, a mobile application that allows to set up and control the camera via a bluetooth connection and the creation of a myTikee account.
"Tikee remote" designates the mobile application incorporating in particular computer programs, settings, specific developments, updates, documentations, databases, graphic charter, property of the company ENLAPS. Tikee remote is accessible to everyone, for download on mobile devices such as mobile phone, tablet, iOS and android, from download 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 the user who has created a myTikee account, to follow, set up and modify live the timelapse sequences made with the camera.
"myTikee app web" or "myTikee" designates the web application or cloud platform, available from the address https://my.tikee.io/signup, comprising in particular computer programs, algorithms, settings, specific developments, updates, documentations, databases, graphic charter, contents and results generated in an automated manner or not, property of the company ENLAPS.
"myTikee Services": designates the functional services of the myTikee platform: create content in an automated manner or not, import, view, store, analyze, detect, publish and share media content made, in particular from images or videos transmitted in wifi or by 4 LTE, coming from a Tikee camera, or another source such as an IP camera.
The analysis and detection services (of objects, people, and situations) are provided by means of 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 as a subscription, which can be ordered, either from the website www.enlaps.io, or by directly contacting the company ENLAPS.
Advanced Services are also available (including private sharing / 6K resolution / monitoring / storage ...).
The myTikee Services in effect are those indicated on the ENLAPS Website at the date of the Order.
"Users": designates the individual 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 Conditions of Use of these applications (GCU).
When the user's myTikee account is linked to a Customer who has subscribed to a paid myTikee Services subscription, the user then declares to be this Customer or, if it is a professional Customer, the legal representative or an employee authorized to represent the Customer. The acceptance of the CGU by the user when creating the myTikee account then binds the Customer.
5) Special conditions relating to electronic Orders
The Client has the opportunity to order myTikee Products and/or Services electronically, such as from the ENLAPS website: www.enlaps.io
Up until the payment step, the Client may modify the Order, including any possible errors made when entering their data, by going back to the previous screens.
The final acceptance of the Order is therefore made by paying for the Order, except for payments by bank transfer, where the Order is confirmed upon receipt of payment by ENLAPS.
5.3 Electronic Order Confirmation
A confirmation of the Order placed is displayed on the Site or sent to the Client after payment confirmation. The Order confirmation includes a summary of the Order content, the number, the date and time of the Order, the payment method used, the detailed amount of the Order, as well as the billing and, for Products, the delivery address of the Client.
The Order confirmation is simultaneously sent to the Client by email, to the address provided.
ENLAPS reserves the right to block an Order, particularly in the case of suspected or confirmed fraud (compromise of identifiers, etc).
5.4 Conditions applicable to the right of withdrawal for Orders concluded online
The Client has a withdrawal period of 14 calendar days, without having to provide a reason or to pay any penalties.
Regarding Products:
The period starts for the Product sale the day after the Product is received and is extended to the first working day if the period expires on a Saturday or Sunday
The right of withdrawal exclusively covers unaltered products in new condition. Thus, any use of the product that alters its new condition then prohibits the exercise of the right of withdrawal.
For myTikee paid Services:
The period begins the day after the activation of the Client's myTikee account related to their subscription.
The Client may use the withdrawal form model below, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for the Client to notify their intention to withdraw in writing before the expiry of the period on the contact form found at the address: https://enlaps.io/fr/contact
Model withdrawal form:
To the attention of ENLAPS:
I hereby notify my withdrawal from the contract concerning the sale of the good(s) ________ or/and the subscription ______________ ordered on ______ and received/made available on ___________
Client's Name _______________
Client's Address ______________
Email _________________
Serial number of Tikee Product(s) __________________
Date ________________
Signature (only if notifying this form on paper) ______________
When withdrawal concerns Products:
The Client must return the Product(s), without undue delay and, in any event, no later than 14 days after notifying ENLAPS of their electronic notice of withdrawal, to the following address: ENLAPS, 26 Avenue Jean Kuntzmann 38330 Montbonnot-Saint-Martin, France, at their own cost and risk, in the original packaging, accompanied by all elements with which it was delivered to the Client, as well as the following documents.
Except for more favorable provisions applicable to the French consumer Client or the Client residing in France, shipping costs of the Product are not refunded in case of the exercise of the right of withdrawal. The shipping costs are therefore deducted from the amount to be refunded.
The costs of returning the Product(s) are borne by the Client.
The Client is invited to choose their own mode of delivery. The Client will then bear all the costs of returning the mode of delivery chosen.
ENLAPS will refund the Client the total amount paid, minus the return costs, no later than 14 days after receiving the returned Product(s) from the Client, using the same means of payment as the initial transaction, unless the Client expressly requests a different method of payment. In the case of a refund by credit card or bank transfer, the Client must provide a bank account detail to ENLAPS
The Client's liability may be engaged only in the event of depreciation of the Product(s) resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the good(s).
6) Conditions applicable to Product Orders
6.1 Product Availability
When placing an Order, ENLAPS commits to make every effort to provide the Client with information regarding the availability of various Products. In case of unavailability revealed after the placement of the Order, the Customer will be informed as soon as possible by email and will be indicated, if applicable, the additional delivery time generated by the unavailability of the Products. In the event that the additional delivery time does not coincide with the possible time imperatives of the Client, the Client may contact the customer service by email from the contact form on the Site, to share their time requirements and identify the consequences of the additional delivery time.
6.2 Place of Delivery – Delivery Costs
The Products are delivered to the shipping address indicated by the Client during the placement of their Order. The shipping address may be different from the billing address. The possible delivery geographic areas are those indicated by ENLAPS at the date of the Order.
Delivery fees may apply depending on the desired delivery zone. These fees are indicated to the Client during the Order.
6.3 Delivery Times
The Products sold to the Client are delivered within the timeframes indicated in the Order.
Unless more favorable provisions are applicable to the consumer Client:
- the indicated delivery times remain indicative and not imperative.
- ENLAPS’s responsibility cannot be engaged in case of delay or suspension of delivery not attributable to ENLAPS.
6.4 Checking the Products on Receipt
The Client agrees to check the Products on receipt and to report any possible reservations on the delivery note, particularly in case of package damage or non-conformity to the Order. They must notify ENLAPS of their reservations about the delivered Products within a maximum period of five (5) working days following the date of receipt of the Products to customer service on the contact form at the following link: https://enlaps.io/fr/contact
ENLAPS commits to refund the Client or to perform an exchange, if, after verification, the claim made in the forms and deadlines set out is well-founded.
Unless more favorable provisions are applicable to the consumer Client: if no reservation is made by the Client within this period, the Products will be deemed delivered in quantity conforming to the Order and free of any apparent defect attributable to ENLAPS.
6.5 Questions
For any information on the status of the Order, for any question, the Customer Service is available to the Client either by phone at (+33) 4-58-00-57-30 (local call rate from a landline) or from our Chat on our site https://enlaps.io, these services are open Monday to Friday from 9 am to noon and 2 pm to 6 pm (closed on Saturdays, Sundays, and public holidays), or from our contact form: https://enlaps.io/fr/contact
6.6 Transfer of Ownership of the Products
Unless more favorable provisions are applicable to the consumer Client, the transfer of ownership of the Products to the Client will only be realized after full payment of the price by the latter, regardless of the date of delivery of said Products. The transfer to the Client of the risks of loss and damage will be carried out on the date of reception of the order, that is the date of delivery of the order to the Client by the transporter, regardless of the date of the payment of the products.
6.7 Warranty of the Products sold
For warranty conditions applicable to the French consumer Client or resident in France, please refer to the Specific Conditions applicable to consumer Clients.
The Products sold by ENLAPS after January 1, 2023, are covered by a warranty lasting two (2) years (one (1) year for Products sold until January 1, 2023) from the date of receipt of the Products, covering defects, non-compliance or malfunctioning of the Products and any hidden defects, resulting from a defect in material, design or manufacturing affecting the delivered Products and rendering them unfit for use.
This warranty does not cover apparent defects of the Products on receipt, these must be claimed in accordance with Article 6.4 of this Contract.
To exercise rights under this warranty, the Client must, under penalty of forfeiture of any related action, inform ENLAPS, via the contact form located at: https://enlaps.io/fr/contact, of the existence of the defect, non-conformity or malfunction, within a maximum period of ten (10) working days from its discovery.
Claims related to this warranty can only be accepted if the Client provides ENLAPS with the proof (i) of a defect, malfunction or non-conformity of the Product(s) occurring under normal conditions of use, installation, application, and service as specified in the operating instructions of the Products, communicated by ENLAPS, and (ii) that this defect, malfunction or non-conformity of the Product(s) results exclusively from a material and/or manufacturing defect attributable to ENLAPS.
Upon receiving the notification and the defective product(s), ENLAPS will have ten (10) working days to confirm to the Client whether or not the commercial warranty applies.
In case the warranty applies, a file number will be communicated to the Client. This number must be mentioned on the package to be returned.
The Client shall return the defective or allegedly defective Products to ENLAPS at their own expense, and in doing so agrees to strictly comply with ENLAPS’s instructions on the conditions of packaging and shipping of the Product(s). The return of Products without prior authorization from ENLAPS and non-compliance with the packaging and shipping instructions provided by ENLAPS will not be accepted and will result in non-application of the warranty.
ENLAPS will have the discretionary choice, to repair the defective Product(s), to replace them, if necessary with a refurbished Product, or to refund the Client.
The warranty does not cover the costs of re-shipping the Product(s), outside metropolitan France.
It also does not cover the 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, an accident or lack of maintenance on the part of the Client or a third party, as in the case of normal wear and tear of the Product, or also due to force majeure.
The warranty will also be excluded in cases of Product(s) malfunction resulting from incorrect alteration, installation or application, or which have undergone unauthorized modification, or which have been negligently used, stored, transported or handled, or which have been repaired, or altered in any way by or due to any power failure, electrical surges, lightning, floods, fire, accidental breakage, vandalism, acts of war, natural disaster, or any other event beyond ENLAPS’s control.
Moreover, the warranty does not apply to changes in the aesthetic appearance of the Product(s) that would result from normal wear and tear of the materials making up the Product(s).
The replacement of the Product(s) or defective parts will not have the effect of extending the duration of the above-stated warranty.
7) Terms related to the subscription to the myTikee paid Services
Access to the myTikee paid Services is available through a subscription that can be ordered, either from the website www.enlaps.io, or by contacting the ENLAPS company.
7.1 Number of Tikee cameras depending on the number of subscriptions to the myTikee paid Services
A subscription to the myTikee paid Services allows for a single Tikee camera to be connected.
To connect multiple Tikee cameras to the myTikee paid Services, the Client is invited to take out as many subscriptions as there are cameras being used.
7.2 Activation of the subscription
The activation of the subscription is done either automatically once the Order is confirmed, or by the Client via an activation token sent by ENLAPS.
7.3 Duration of the subscription
The duration of the subscription is based on the choice made by the Client at the time of their Order.
For subscriptions taken out until April 30, 2023:
The subscription is not subject to automatic renewal. Any extension of the subscription must be subject to a new Order.
One month before the expiration date, ENLAPS will send the Client one or more email notifications to find out whether they wish to renew the Services. If the Client responds negatively or does not express their intention to renew the Services before the expiration date, the subscription will automatically end at the expiration date.
For myTikee Services subscriptions taken out from May 1, 2023:
The subscription will automatically renew for new periods of the same duration. Either Party may, however, notify the other Party in writing of its intention to terminate the subscription. ENLAPS must observe a 20-day notice period. The Client may terminate the subscription at any time, with a 3-day notice period, from their customer area. Amounts paid under the subscription are due and are therefore not refunded.
7.4 Consequences of the end of the subscription
If the subscription is not renewed, or is terminated, the Client will have a notice period of one (1) month to conduct, if they wish, any backups and potential migrations of the content stored on the myTikee application. At the end of this one-month period, their account will automatically switch to the standard (free) plan. ENLAPS will delete at its sole discretion from that date any or all of the content stored on the web application. Only the content corresponding to the storage capacities of the free Services will be kept.
No reversibility service is provided for herein.
7.5 Evolution of the Services
ENLAPS reserves the right to modify the myTikee Services, including to remove, add features, evolve hosting, etc. The services and characteristics in force are those described on the ENLAPS website.
Regarding the Services under an ongoing subscription, the Client is informed by email of any changes that would significantly degrade or reduce said Services, at least thirty (30) working days before the implementation of the change. In this case, the Client may terminate their subscription by registered mail with acknowledgment of receipt, within a period of thirty (30) days from the notification of the change. The Client will then be liable for the price of their subscription on a pro rata basis of their use, up to the anticipated end of the latter.
8) Terms related to the use of the myTikee Services, the software embedded in a Tikee camera, and the Tikee remote mobile application (hereinafter referred to as "Software Services")
The terms of use for myTikee Services, the software embedded in the camera, and the Tikee remote mobile application (hereinafter the "Software Services") are referred to in the General Terms and Conditions of Use that the User Client undertakes to accept without reservation, when creating their myTikee account from the following address: https://my.tikee.io/signup
These Software Services are described in detail in the General Terms and Conditions of Use (CGU). They include in summary:
The right of access and use to the Software Services (license right) under the conditions provided for in the CGU as well as in Article 13 Intellectual Property of these General Conditions.
The hosting of applications, software, and the data they contain, maintenance, availability, and security under the conditions provided for in the General Terms and Conditions of Use.
9) Price of Products and Services
9.1 Price Determination
For online Orders, the prices are those indicated on the Site.
For non-electronic Orders, the prices are those indicated on the Quote provided by ENLAPS.
They are indicated in euros or dollars depending on the Client's country of residence.
The price of the myTikee Services subscription is decreasing according to the duration of the selected subscription.
Except in particular cases, prices are exclusive of taxes, and excluding transport costs, which are specified at the time of the Order. Any change in taxes and fees will in principle be passed on to the Client.
ENLAPS also reserves the possibility of offering preferential rates. The conditions and durations of these advantages will be presented on the Site or communicated to the Client.
Promo codes are valid only for the duration and under the conditions of validity mentioned by ENLAPS. They cannot under any circumstances be converted into a refundable or payable sum to the Client. Unless otherwise stipulated on the promo codes, they are not cumulative 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 of the validation of the Order will be applicable.
9.2 Possible customs fees and taxes for Products
When the Client orders Products to be delivered overseas or outside the European Union, they are considered as the importer of the Products. As such, they must comply with all the laws and regulations of the country where they receive the Products. The Client may be subject to import duties and taxes, which are levied when the package reaches its destination.
For Orders destined for the United States, Canada, Saudi Arabia, United Arab Emirates, Bahrain, Qatar, Kuwait, Oman, ENLAPS takes charge of the possible customs fees and applicable taxes on the Products.
For Orders destined for overseas or outside the European Union – but excluding the United States, Canada, Saudi Arabia, United Arab Emirates, Bahrain, Qatar, Kuwait, Oman, any possible customs fees and taxes are the responsibility of the Client. ENLAPS has no control over these fees. Customs policies vary widely from country to country, so the Client should contact their local customs office for more information.
9.3 Payment of the price
Payment for myTikee Services subscriptions
The price of paid myTikee Services subscriptions is payable in advance, and in full on the day of the Order or on the anniversary date.
Revision of the subscription price:
For subscriptions taken out until April 30, 2023: in case of renewal of the subscription, a new Order is placed. The price is then that in force on the day of renewal, as indicated on the Order.
For myTikee Services subscriptions taken out from May 1, 2023, and tacitly renewed: The subscription prices may be revised at the initiative of ENLAPS on the anniversary date or on January 1 of each year by up to 5% compared to the previous price applied. Regardless of the price revision clause mentioned above, in the event of a significant increase in costs related to the performance of the subscription, for example costs related to hosting, ENLAPS has the right to request a review of its rates (review clause).
In the event of express disagreement from the Client on this revision, they may terminate the subscription by mail, with a 20-day notice. The Client will then be liable for the Services and the originally agreed price, until the anticipated end of the Contract.
Payment for Products
The price of the Products is payable in full at the time of the Order. Payments can be made by credit card, bank transfer, or PayPal.
In the event that the payment of the price is incomplete or nonexistent, for a reason attributable to the Client, the Order will be automatically cancelled, access to the myTikee paid Services blocked, and any resulting costs charged to the latter, without prejudice to any damages and interest.
9.4 Electronic Invoices
The Client is informed and agrees to receive by email the invoice corresponding to their Order.
9.5 Late Payment
The Client may not in any case offset, reduce, or modify the prices nor suspend payment in advance.
Unless more favorable provisions applicable to the Client consumer, in the event of late payment, late penalties calculated at the monthly rate of 3% of the total amount including tax of the price, will automatically and by right, be acquired by ENLAPS, without formalities, nor prior notice. Payment will trigger the immediate exigibility of the entire sums due, without prejudice to any other action that ENLAPS would be entitled to take, in this respect, against the Client.
In case of non-compliance with the payment conditions set forth above, such as a payment delay, ENLAPS also reserves the right to suspend or cancel the delivery of ongoing orders from the Client, to suspend the execution of its obligations, or to decrease or cancel any discounts granted to the latter. ENLAPS also reserves the possibility to suspend access and use of Software Services, such as access to the myTikee application.
Finally, a flat-rate indemnity for recovery costs, amounting to 40 euros will be due, by right and without prior notice by the Client in case of late payment. ENLAPS reserves the right to ask the Client for additional compensation if the actual recovery costs exceeded this amount, upon presentation of proof.
10) Obligations of the Parties
10.1 ENLAPS's Obligations
Except for more favorable terms applicable to Consumer Clients, ENLAPS is held to a general duty of means. ENLAPS commits to making its best efforts to carry out the Services defined in the present Contract.
10.2 Client's Obligations
The Client agrees to become acquainted with and respect the terms of use of the Products available on the Site (including conditions related to external weather conditions) as well as the General Terms and Conditions of Software Services use.
The Client must regularly perform software updates for the Tikee remote mobile application as well as for the Tikee camera's internal software, in accordance with recommendations that ENLAPS publishes on its Site at the following page: https://enlaps.io/download/
The Client also has the option, if they wish, to subscribe to ENLAPS's newsletter in order to receive news and recommendations from ENLAPS, particularly regarding software updates.
The use of Software Services is placed under the sole and entire responsibility of the Client and their Users (especially services for object, person, and situation analysis and detection).
ENLAPS reminds that these services are automated through algorithms, using artificial intelligence. While ENLAPS makes its best efforts to provide quality results, it does not control the images and the results obtained after analysis and cannot guarantee their reliability.
The Client agrees to control and verify that the results obtained from the Services and Products are consistent with reality before any use/exploitation of such results.
ENLAPS's liability cannot, under any circumstances, be engaged in this respect.
The Client is solely responsible for:
their settings and the use they make of the Products and Services and the results obtained,
the purposes for which they use them,
the data and images they import or use in the Products and Services,
The Client commits to using the Products and Services as well as the results obtained only for lawful purposes, in accordance with the law, current regulations, public order, and good morals.
The Client also agrees not to use the Products and Services, as well as the results obtained to impede or alter their functioning, notably by overloading them, whether voluntarily or involuntarily, through the untimely transfer of contents, other than for intended use cases.
It is the Client’s responsibility to keep all their data intact and to carry out their own backups.
11) Personal data
The Client acknowledges having been informed of and accepted ENLAPS' personal data usage policies as set forth on the Website, the myTikee applications, Tikee remote, and the software embedded in the Tikee camera.
12) Intellectual Property
12.1 Intellectual Property of ENLAPS Corporation
ENLAPS corporation's intellectual property rights
The ENLAPS corporation holds the intellectual property rights allowing it to grant the Client the right to access and use the Products and Services provided by the myTikee applications, Tikee remote, and the software embedded in the Tikee camera, (hereinafter the "Works"), in accordance with these terms. ENLAPS also holds rights on contents generated by means of algorithms.
The Client acknowledges that these terms do not confer any ownership rights on the applications. The availability of the latter under the conditions set forth herein shall not be construed as the transfer of any intellectual property rights, within the meaning of the French Code of intellectual property.
Thus, the right of access and use granted to the Client under these terms is exclusive of any transfer of intellectual property rights. This concerns in particular the rights referred to in articles L 122-1, L 122-6, L 122-7 of the Intellectual Property Code.
License granted to the Client to enable access to and use of ENLAPS corporation's Works
ENLAPS corporation grants the Client, for the duration of the Contract and worldwide, a right to access and use the myTikee and Tikee remote applications as well as the software embedded in Tikee cameras, this right being non-exclusive, non-assignable, and non-transferable.
The scope of this right varies according to the myTikee Services subscribed by the Client in the Order.
A subscription to the paid myTikee Services entitles you to a single user license right. The User has a nominative myTikee account. When a Client has administrator access, they become fully responsible for the management of User accounts and User identifiers and passwords.
The Client is strictly prohibited from any other use outside the purpose of these terms, in particular any reproduction, adaptation, modification, representation, translation, arrangement, distribution, decompilation, without this list being exhaustive.
The Client commits not to infringe in any way the rights of ENLAPS corporation on the Works and not to perform acts likely to result in counterfeiting any part or element comprising these applications.
The Client is advised that a use of the Works not in conformity with the provisions of these terms, exposes them to a legal action (unfair competition, infringement, etc.).
The Client is informed that ENLAPS may use pre-existing software for which it has obtained the necessary rights for their use.
In particular, the Client is informed that the Works are likely to use modules or libraries called "free" or "open source".
The licenses related to these modules or libraries (which it makes available to the Client upon written request) may contain pure and simple exclusions of all guarantees. In this case, the Client accepts that ENLAPS cannot confer more guarantee than it holds itself from the licenses of these modules or libraries. ENLAPS therefore excludes any warranty related to the modules or libraries called "free" or "open source" whose licenses would contain a warranty exclusion.
Notwithstanding article 1626 of the Civil Code, no guarantee of eviction is granted by ENLAPS.
12.2 Intellectual Property of the Client and license granted to ENLAPS
The Client may hold intellectual property rights on the content they create, import, publish, and share on the myTikee and Tikee remote applications, except for content generated by ENLAPS algorithms.
No provision herein deprives the Client of the rights that the Client holds on their own content.
However, the Client grants to ENLAPS corporation on their content a non-exclusive, transferable, sub-licensable, free, and worldwide license to host, use, modify, perform, copy, represent.
This licensing right is granted to ENLAPS corporation to enable it, in particular, to provide Services, optimization of artificial intelligence algorithms and image processing, or even for statistical purposes.
Furthermore, when the Client chooses to make contents public, they automatically grant to ENLAPS a licensing right to use, modify, copy, and represent these contents (videos, photos, etc.) for commercial, marketing, and communication purposes.
This license ends when the content is deleted from ENLAPS corporation's systems.
The Client also grants the same licensing rights on their content to the other Users of the myTikee application.
12.3 Intellectual Property of Third Parties
The content that the Client chooses to publish, share, or import on ENLAPS corporation's applications, such as photos or videos, may be protected by intellectual property rights of third parties.
The Client commits to strictly respect the intellectual property rights of these third parties and ensure beforehand that they have all necessary rights to publish, share or import said content.
In particular, the Client may not publish, share, or import on ENLAPS's applications any works of third parties and/or representing third parties (photos, texts, etc.) for which they do not have the rights of use or the necessary exploitation authorizations, or reproduce third-party trademarks for which they do not have rights of use.
The Client commits to indemnify ENLAPS corporation against any possible action and condemnation in liability and/or for infringement. In such a case, the Client will have to reimburse all damages and interests, fines, fees, and expenses, that ENLAPS could have to pay to a third party in this respect.
13) Force Majeure
Neither Party shall be held responsible for any delay or failure to perform any of its obligations under this Agreement or an order placed pursuant to this Agreement if such delay or failure is due to the occurrence of force majeure commonly recognized by the case law of French courts and tribunals.
Notwithstanding the cases of force majeure usually recognized by the jurisprudence of French courts and tribunals, are considered as force majeure by express agreement between the Parties: acts of terrorism, wars, total or partial strikes and lock-outs of third-party companies affecting the service, bad weather, epidemics, blocking of traffic lanes, means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in marketing forms, telecommunications blockages (France Telecom networks or technical center).
The Party wishing to invoke a case of force majeure must notify the other Party by registered letter with acknowledgment of receipt as soon as possible once it becomes aware of such an event. As soon as the effects consequential to the force majeure event invoked have ceased, the affected Party shall inform the other Party without delay by any means and shall immediately resume the performance of its obligation.
In case the effects consequential to the event constituting a case of force majeure persist for more than one (1) month, the Parties agree that this Contract may be terminated by right on the initiative of the most diligent Party by registered letter with acknowledgment of receipt, without prejudice to the payment conditions for the services performed.
14) Subcontracting / Assignment
The Client grants ENLAPS a general authorization to subcontract all or part of the services and Performances to any provider of its choice.
In any event, ENLAPS shall remain responsible towards the Client for the proper execution of the contract and the performances by the subcontractor it uses.
ENLAPS is also authorized to transfer the Contract to any transferee of its choice. The transfer will be subject to notification to the Client. In the event of a transfer of this Contract by ENLAPS, the Client agrees that ENLAPS shall not be jointly liable for the proper execution of the Contract by the transferee.
Any transfer, subrogation, substitution, or other form of transmission of this Contract by the Client is prohibited without ENLAPS's prior written consent.
15) Responsibility
15.1 ENLAPS' Non-Responsibility for Content
The Client is solely responsible for the content they choose to create, import, publish, or share on the applications.
The ENLAPS company does not carry out any control over this content and also does not control the actions and behaviors of other Clients and Users of its applications.
The Client therefore accepts that the company ENLAPS cannot be held responsible for content that is created, imported, published, or shared on the applications. It is also not responsible for the actions or omissions of other Users and Clients with respect to the Client.
15.2 ENLAPS' Liability
The Client who carries out Orders for Product(s) and Service(s) is solely responsible for the choices they make. Thus, the Parties agree that ENLAPS' liability cannot be invoked due to the unsuitability of a Product or Service ordered to the Client's needs.
ENLAPS is only responsible for the tasks expressly assigned to it in the context of the Order.
The use of Software Products and Services is placed under the sole control and solely and fully responsibility of the Client and their Users. ENLAPS cannot, in any way, be held responsible for the manner in which the Client uses the Products, Services, and/or the results obtained through the Products and Services, nor for the content that is introduced into ENLAPS applications.
ENLAPS does not guarantee the continuity and quality of communication links with the Client and, in particular, the Client's internet access failures, which are not the responsibility of the Service Provider. Therefore, ENLAPS' liability cannot be engaged in case of malfunction of communication networks that led to delays in the functioning of the applications and/or total or partial loss or destruction of data.
In no case can ENLAPS' liability be sought in the event of:
fault, non-compliant use, negligence, omission, lack of control and/or verification of results, or failure of the Client or a User, which constitutes the exclusive cause of the occurrence of damage,
incomplete, inaccurate, misleading results, or poor quality, obtained by the Client from the Products and Services, since these are fully under the Client's control who undertakes to verify them before any use/exploitation,
malfunction or unavailability of any material or immaterial good in the event that it was provided by the Client,
incorrect configuration of the Product by the Client,
loss or alteration of the Client's data, with ENLAPS not being held to any obligation of backup,
force majeure.
Furthermore, ENLAPS cannot notably be held responsible for interruptions of the Services or for damage related to:
abnormal or fraudulent use by the Client or third parties requiring the shutdown of the Service for security reasons;
intrusion or fraudulent maintenance of a third party on the Solution, or the illicit extraction of data, despite the implementation of the security means consistent with the current technical data, ENLAPS bearing only an obligation of means with respect to known security techniques;
the nature and content of the information and data created and/or communicated by the Client; more generally, ENLAPS cannot in any case be held responsible for data, information, results or analyses from a third party;
an interruption of the supply of electricity or of transmission lines due to public or private operators;
the quality of the 4G or wifi network, the functioning of the Internet network or telephone networks.
ENLAPS's liability can only be questioned for fault and for direct damages that would be imputable to it in the performance or non-performance, even partial, of its obligations under the Contract, provided that indirect damages are excluded.
Thus, ENLAPS's liability cannot be sought for any indirect prejudice, such as, in particular, loss of turnover, loss of profit, loss of orders, loss, inaccuracy or corruption of files or data, loss of an opportunity, damage to the image or any other special damage or events beyond its control or for any fact not imputable to it.
By express agreement between the Parties, ENLAPS's liability is limited, for all combined direct damages, to the amount excluding tax of the concerned Order.
ENLAPS's liability under the Contract shall be prescribe one (1) year after the damaging event.
16) Termination for breach
In the event of a breach by a Party of 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 and remained without effect, terminate this Contract by right without prejudice to any damages it may claim due to the alleged breaches.
17) Proof Convention
The Parties intend to establish the rules regarding admissible evidence between them in the event of a dispute and its probative force. The Parties recognize the validity and full probative force of the following elements and processes, as well as the signatures and authentication processes they express:
the names of the Client, Users, identifiers, and confidential passwords used;
the data and files stored on ENLAPS applications;
automatic notifications (emails and text messages);
IP addresses and connection logs;
check boxes designed to collect the timestamped consent of the Client and User.
The Parties also recognize the validity and full probative force of electronic signatures that may be affixed to the Agreement, thus formalizing the agreement of both Parties on the terms of the Contract on the date of its signature.
The professional Client undertakes not to challenge the admissibility, validity or probative force of the aforementioned elements.
18) Miscellaneous Provisions
Each clause of this Contract shall be interpreted, to the fullest extent possible, in such a way as to be validated under the law applicable to it. If any provision of this Contract is found to be illegal, null, or unenforceable by any competent jurisdiction or administrative authority pursuant to a binding decision, such provision shall be deemed unwritten, without altering the validity of the other provisions, and shall be replaced by a valid provision of equivalent effect, which the Parties undertake to negotiate in good faith, and as the Parties would have agreed had they known of the illegality, nullity, or unenforceability of said provision.
The fact that a Party does not take advantage of any provision of this Contract shall in no way constitute a waiver of its right to demand compliance with each of its clauses and conditions.
19) Applicable Law – Competent Jurisdictions
The French version of these general terms and conditions is authoritative and prevails over any other version written in a foreign language.
The Agreement is governed by French law. Any dispute arising from the interpretation, execution, or termination of an Order or these General Terms and Conditions shall be subject to an attempt at a friendly settlement by initiating contact with Customer Service by the Client.
In the absence of an amicable settlement within thirty (30) days from the notification of the dispute by the most diligent Party, the dispute shall be subject to the exclusive jurisdiction of the courts of Grenoble, notwithstanding multiple defendants or warranty claims, even for emergency procedures or protective measures.
SPECIAL CONDITIONS OF SALE
(Applicable to consumer customers in France or residing in FRANCE)
1) Scope
The present specific conditions (hereinafter "Particular Conditions" or "CP") aim to establish the particular conditions applicable to the Orders placed by the Client consumer, that is, according to the present context, a French consumer client or one who habitually resides in France.
For the implementation of these Particular Conditions, it is specified that Orders placed electronically by the consumer Client, such as those concluded from the website www.enlaps.io constitute distance contracts, within the meaning of Article L. 221-1 of the Consumer Code.
The Client acknowledges having been informed, prior to commitment, of the contents of the present Contract, which provides the mandatory pre-contractual information as stipulated in Article L221-5 of the Consumer Code.
The consumer Client agrees to receive an electronic copy of the present Contract.
2) Conditions applicable to Product Orders
2.1 Product Delivery Times
Notwithstanding Article 6.3 of the General Conditions, ENLAPS commits to mandatory delivery times when the Order is placed online.
The maximum delivery time for the Products from the validation of the Order is 30 working days, with the exception of pre-orders for which the Customer expressly accepts the principle of an estimated delivery date. In case of a significant delay in delivery known by ENLAPS, the Customer will be informed as soon as possible by email and will be offered a replacement solution.
2.2 Legal Warranties of Products
Notwithstanding Article 6.7 of the General Conditions, the following special conditions are provided for the consumer Client:
The Consumer Client benefits from the legal warranty of conformity in accordance with articles L.217-4 to L217-13 of the Consumer Code and the warranty against hidden defects in accordance with articles 1641 to 1648 and 2232 of the Civil Code.
Article L 217-4 of the Consumer Code
ENLAPS delivers a product in compliance with the contract and is liable for any conformity defects existing at the time of delivery.
It is also liable for conformity defects resulting from the packaging, assembly instructions, or installation when it has been charged by the contract or has been carried out under its responsibility.
Article L 217-5 of the Consumer Code
The product is in compliance with the contract:
1° If it is suitable for the use normally expected of a similar product and, if applicable:
- if it matches the description given by ENLAPS and has the qualities that it presented to the buyer as a sample or model;
- if it has the qualities that a buyer can legitimately expect based on public statements made by ENLAPS, by the producer or by its representative, notably in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, made known to ENLAPS and which the latter has accepted.
Article L 217-12 of the Consumer Code
The action resulting from a lack of conformity is prescribed by two years from the delivery of the product.
Article L 217-16 of the Consumer Code
When the buyer requests from ENLAPS, during the commercial warranty granted at the time of acquisition or repair of a movable item, a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining warranty period.
This period begins from the buyer's request for intervention or from making the item available for repair, if this occurs after the request for intervention.
Article 1641 of the Civil Code
ENLAPS is liable for the warranty due to hidden defects of the thing sold that render it unfit for the use it was intended for, or that diminish such use to the extent that the buyer would not have acquired it, or would have paid a lower price for it, had he known of the defects.
Article 1644 of the Civil Code
In the cases of articles 1641 and 1643, the buyer has the choice to return the item and get the price refunded, or to keep the item and get a part of the price refunded.
Article 1646 of the Civil Code
If ENLAPS was unaware of the vices of the thing, it will only be liable for the restitution of the price, and reimbursing the buyer for the costs occasioned by the sale.
Article 1648 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
The Consumer Client has two (2) years to assert either of these guarantees. For lack of conformity, the period starts from the delivery of the Product. For hidden defects, the period starts from the discovery of the defect.
If the apparent defect, lack of conformity, or the hidden defect of the article, declared by the Consumer Client, where applicable, is verified after assessment, ENLAPS may proceed with the repair or free replacement of the Product. In case of impossibility of repairing or replacing the Product, ENLAPS reserves the right to refund the Client at its expense.
The Client is informed that the spare parts of the Products are available for a period of 2 years in the market.
ENLAPS however cannot be held responsible for the misuse and/or intensive use of the products that the Consumer Client may make.
3) Conditions applicable to late payment penalties
Notwithstanding Article 9.5 of the General Conditions, in the case of a late payment, late payment penalties calculated on the basis of the legal interest rate will be applied after the sending of a reminder letter that has remained unsuccessful for a period of 15 days from its receipt.
4) Conditions applicable to the obligations of ENLAPS for Orders concluded remotely
Conditions applicable to the obligations of ENLAPS for Orders concluded remotely
By way of derogation from article 10.1 of the General Conditions, ENLAPS is automatically responsible towards the Consumer Client for the proper performance of its contractual obligations, for Orders concluded remotely.
4) Conditions applicable to the obligations of ENLAPS for Orders concluded remotely
CONSUMER DISPUTE MEDIATION SERVICE: Amicable resolution 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 the event of an unresolved dispute between the Professional and the Consumer, the consumer may contact the consumer mediator.
Before contacting the consumer mediator, the consumer must have already tried to resolve the dispute directly with the professional through a written complaint or have made a complaint according to the terms of the contract entered into with the professional.
Consumer mediation is an extrajudicial resolution of consumer disputes.
If the conditions are met, consumer mediation will proceed according to a specific process and in accordance with the current texts.
The procedure is free of charge for the consumer (R612-1 of the Consumer Code).
TO CONTACT THE CONSUMER MEDIATOR:
If no agreement with the professional following a complaint,
Amicable resolution 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 (Admissibility Conditions). Procedure free of charge for the consumer.
The consumer mediator is neutral, independent and impartial. The mediator is not part of the company with which the consumer has a dispute.
MEDIATION – LET'S LIVE BETTER TOGETHER
www.mediation-vivons-mieux-ensemble.fr
2 Beauregard Deadend 54000 NANCY
mediation@vivons-mieux-ensemble.fr
IMPORTANT:
Never send the original documents requested to the consumer mediator. Please send photocopies
Never send defective, contentious items or those for a refund to the consumer mediator
Please mention your phone number, your email address
Do not send emails for information
Emails sent for information (outside of a filing) will not be processed
After an unsuccessful prior written step by the Consumer with ENLAPS Customer Service, the mediator's service can be contacted for any consumer dispute that has not been resolved.
Since February 15, 2016, the European Commission’s online platform for amicable dispute resolution has been open to the public. Any consumer who encounters a dispute with a company located within the territory of the Union has the possibility to submit a mediation request via this European platform. The Client may also consult the website of the European Commission dedicated to consumer mediation:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
In the event of a dispute with a French Consumer Client or resident in France, not resolved amicably, express jurisdiction is granted to the court of the defendant's place of residence, in accordance with article 42 of the Civil Procedure Code, or, at the choice of the latter, to the place of effective delivery of the sold Product, or the place of execution of the Services, pursuant to article 46 of the civil procedure code.
