General Terms and Conditions of Use and Sale
Free translation, the authoritative version is the French version.
Last modification on 30/08/2023
1. Preamble
1.1. These General Terms of Use and Sale (hereinafter referred to as “GTCUS”) are intended to govern the relationship between the company AppVantage, a Simplified Joint Stock Company registered with the RCS of Nice under number 952,064,475, having its registered office at 16 rue Clément Roassal, 06000 Nice, France (hereinafter “AppVantage” or “AppVantage SAS”) and the users of the mobile application “TIKESS” (hereinafter the “Application”) and the website www.tikess.com (hereinafter the “Site”), published by AppVantage SAS.
1.2. By visiting the Site or installing and accessing the Application, the User unconditionally accepts these GTCUS.
1.3. These GTCUS are accessible at any time on the Site and within the Application under the “GTCUS” section and shall prevail, if necessary, over any other version or conflicting document from AppVantage SAS or the User. AppVantage SAS may modify these GTCUS at any time without prior notice. Users will be informed of changes to these GTCUS through the publication of updated GTCUS on the Site or the Application and through a notification indicating this change within the Application. The modified GTCUS shall take effect upon their publication. Continuing to use the Site and/or the Application following this publication will constitute acceptance of the new version of the GTCUS.
2 - Definitions
The terms beginning with a capital letter in these GTCUS, whether used in the singular or plural, shall have the meanings ascribed to them below:
“Application”: the mobile application “TIKESS” published and provided by AppVantage SAS, providing access to the Services and available on Apple®’s “App Store” and Google®’s “Google Play Store” for download by the User on their Apple® iOS or Android® device. The Application also includes Content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation, and any other elements and services comprising it, as well as updates and new versions that may be provided by AppVantage SAS.
“GTCUS”: these General Terms and Conditions of Use and Sale for browsing the Site and/or accessing and using the Application and Services.
“Content”: without limitation, it refers to the structure of the Application and the Site, editorial content, drawings, illustrations, images, photographs, graphic designs, trademarks, logos, acronyms, corporate names, audiovisual works, multimedia works, visual content, audio content, and any other content within the Application and/or the Site and/or any other elements comprising the Application and/or the Site.
“User”: the person who browses the Site and/or downloads and uses the Application for their personal, strictly non-commercial, and non-profit purposes, whether direct or indirect.
“Services”: the various functionalities and services offered by the Application, divided into two categories: “Standard Services,” which are free and include the essential features of the Application, and “Premium Services,” which are paid by subscription, allowing the use of all features and providing access to the extended functionalities of the Application.
“Site”: the website of the company AppVantage SAS, located at the following URL address: “www.tikess.com” or “www.tikess.fr,” including all of its pages, published and operated by AppVantage SAS.
3 - Description de l’Application et des Services
3.1. General description of the Application.
As part of Law No. 2020-105 of February 10th, 2020, relating to the elimination of the systematic printing requirement for paper receipts, the “TIKESS” Application is a mobile application designed to manage dematerialized receipts, including:
- Collecting all dematerialized receipts and bank statements in one place.
- Helping individuals better manage their budget by categorizing receipts and periods.
- Easily locating a receipt without the risk of ink fading over time.
The features of the Application include, among others:
- Grouping receipts, bank statements, loyalty cards, vouchers, promotional receipts, discount receipts, etc.
- Calculating receipts by category and period.
- Validating a bank statement to assist with accounting and, in general, facilitating account management due to the possibilities and simplicity of the Application.
3.2. Types of Receipts Covered and Excluded:
The documents that can be dematerialized and stored in the Application include:
- Receipts produced in retail stores and public establishments.
- Receipts issued by automated machines.
- Bank statements.
- Loyalty cards.
- Vouchers and promotional or discount receipts.
As determined by law, excluded documents that are not intended to be stored in the Application and must always be printed systematically include:
- Receipts for the purchase of “durable” goods, which mention the existence and duration of the legal warranty of conformity (household appliances, computer equipment, telephony devices, etc.). The complete list of these goods can be found in Article D211-6 of the Consumer Code.
- Credit card receipts for canceled transactions or transactions subject to a credit.
- Canceled or credit card payment transactions.
- Receipts issued by automated machines that must be retained and presented to benefit from a product or service.
- Receipts or other billing documents printed by non-automatic weighing instruments.
3.3. Services and Features Offered by the Application.
All functionalities and services offered by the Application are divided into two categories: Standard Services, which are free, and Premium Services, which are described below.
3.4. Standard Services.
Standard services include essential features and the following standard elements:
- Add receipts, bank statements, vouchers, promotional receipts, or discount receipts. Three options:
- send by email, scan the receipt, import manually.
- Add loyalty cards.
- Configure a @tikess.com email address.
- View recent expenses.
- Calculate receipts by category and period.
- Customize categories.
- Validate a bank statement for the User’s accounting.
- Keep 10 receipts of their choice indefinitely.
Under the Standard Services, receipts and documents are automatically deleted after 4 months from their registration in the Application. However, all data associated with these receipts and documents (such as prices, categories, etc.) remains available in the Application for the duration of its use by the User.
In the context of Standard Services, the User can select up to 10 receipts of their choice that they wish to keep indefinitely, i.e., for the entire duration of Application use until the termination of Standard Services.
3.5. Premium Services.
Premium Services include extended features and the following additional elements:
- Expense statistics.
- Create and manage digital budget envelopes.
- Automatic budget alerts.
- Keep all receipts they wish, without limitations.
- No advertising.
- Family sharing.
Under Premium Services, receipts and documents are automatically deleted after 4 months from their registration in the Application. However, all data associated with these receipts and documents (such as prices, categories, etc.) remains available in the Application for the duration of its use by the User.
Under Premium Services, the User can select all receipts of their choice that they wish to keep indefinitely (without limitations on the number) for the entire duration of Application use. In case of termination of Premium Services, the User will revert to the 10-receipt storage limitation provided under Standard Services but will retain indefinitely all receipts previously selected during their Application use.
4 - Access Conditions
4.1. The equipment and material means necessary to access the Site and the Application are the sole responsibility of the User.
4.2. To access and use the application, the User must possess:
- A compatible mobile phone or a compatible mobile device.
- Access to the Internet.
- A customer account in a virtual store with one of the Application providers (App Store and/or Google Play Store).
4.3. Compatible mobile phones and devices are as follows:
- iPhone® mobile phone from Apple® or other Apple® device with the iOS operating system under iOS 15 or any subsequent version that may be developed.
- Mobile phone or other device with the Android® OS 7 operating system or any subsequent version that may be developed.
4.4. The Application can then be downloaded for free from the “Google Play Store” and “App Store” platforms.
5 - Creation of a User account
5.1. To access the Application and the Services, the User must first proceed with registration by creating a personal User account.
5.2. In order to create a personal User account, the User must register by following the registration steps at the start of the Application and provide the following information:
- First name, Last name, email, chosen password, phone number, date of birth (optional).
5.3. The validation of the personal User account is formalized after verifying the User’s phone number (sending a code) and by sending an email to the contact email address provided by the User during registration.
5.4. The Application generates a customizable email address in the format “XXX@tikess.com.” This address is dedicated to collecting the User’s receipts and documents.
5.5. In order to register all of his loyalty cards in the Application, the User acknowledges and agrees that he must provide the personal numbers of his loyalty cards.
5.6. In case of a forgotten password, simply click on “forgot password,” and the Application will send a link to the user’s email address to reset it.
5.7. Providing this data and validating the personal account are essential for the provision of the Services.
5.8. The User undertakes to provide true, sincere, complete, and always up-to-date information.
5.9. In the event that the information provided by the User is found to be false, incomplete, outdated, or does not allow for the provision of Services under the best conditions, AppVantage SAS reserves the right to close the User’s personal account and thus deny access to the Services, without entitling the User to any compensation.
5.10. The User agrees to create only one personal account corresponding to their identity.
5.11. The User is solely responsible for any use that may be made of their username and password and their confidentiality, as well as any use of their personal account.
5.12. The User agrees to immediately inform AppVantage SAS of any use or risk of fraudulent use of their personal account, and of any breach of confidentiality and security of their username and password at the email contact address: contact@appvantage.fr or contact@tikess.fr.
5.13. AppVantage SAS cannot in any case be held responsible for any loss or theft or any damage resulting from the loss or theft or from the fraudulent use of User identification data.
6 - Availability
6.1. General Availability:
The Site and the Application are accessible and available 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond the control of AppVantage SAS, and subject to any necessary maintenance and interventions for the proper functioning of the Application and/or the Site.
The software version of the Application may be updated from time to time to add new functions and services or to implement fixes. When this update is not authorized automatically, it is the responsibility of the User to perform the required updates upon notification from AppVantage SAS.
Maintenance and/or updates authorized automatically may be performed without prior notice to the Users.
6.2. Hosting:
The Site, the Application, and the data stored by the User are hosted by OVH SAS, registered with RCS Lille Métropole under number B424 761 419, located at 2 rue Kellermann, 59100 Roubaix, France, phone: +339 72 10 10 07 or 1007, and are subject to the obligations, conditions, and limitations of the hosting services, in accordance with the General Hosting Conditions of OVH “Bare Metal” (dedicated servers), available at the URLs https://www.ovhcloud.com/en/bare-metal/ and https://www.ovhcloud.com/en/terms-and-conditions/contracts/, which apply, in any case, to AppVantage SAS and consequently to the User, which the User acknowledges and accepts.
7 - Financial conditions
7.1. Standard Services are free.
7.2. Premium Services require a paid subscription to access extended features and benefit from said Premium Services.
7.3. The price of different Premium Services subscription packages is available on the Site and in the Application.
7.4. In general, all prices displayed on the Site and in the Application are inclusive of all taxes (TTC – Toutes Taxes Comprises).
7.5. The telecommunication costs associated with accessing the Site and the Application are the exclusive responsibility of the User, including the mobile phone operator subscription cost, the cost of internet network connection and access, and any additional cost charged for mobile data usage.
7.6. The User’s payment for the price of Premium Services offered on the Site and via the Application is processed through one of the available payment methods in the “App Store” of Apple® and the “Google Play Store” of Google®.
7.7. The price of the Premium Services subscription is paid in full and is valid for the entire duration corresponding to the subscribed subscription package. It is a fixed fee and non-refundable, subject to the User’s right of withdrawal.
7.8. In the event of a pricing change not mentioned in the prices of different Premium Services subscription packages displayed on the Site or in the Application at the time of subscription, the User will be informed by the “App Store” of Apple® or “Google Play Store” of Google® with reasonable notice prior to the subscription renewal, as provided by the terms of use of the App Store available at the address https://support.apple.com under the section “About Subscription Price Changes,” or by the terms of use of Google Play Store available at the address https://play.google.com/intl/en/about/play-terms/ under the section “Subscription. d) Price Increase.” The User will have the option to cancel the subscription before its renewal date, as provided by the terms of use of the App Store at https://support.apple.com, especially under the section “Cancel an Apple Subscription,” or by the terms of use of Google Play Store at https://support.google.com, especially under the section “Cancel, Suspend, or Modify a Google Play Subscription.” In the absence of this, the subscription will continue with the new applicable rate. For more details, the User is encouraged to refer to the terms of use of the App Store (Apple Media General Terms) or the terms of use of Google Play available online, particularly through Apple® or Google® help centers.
8 - Intellectual Property
8.1. AppVantage SAS is the exclusive owner of all intellectual property rights related to the Application, the Site, and their Contents. Downloading the Application does not confer any rights to the User regarding the intellectual property rights of AppVantage SAS.
8.2. These GTCUS do not entail any transfer of any kind, to the benefit of the User, of intellectual property rights over the elements belonging to AppVantage SAS and/or its partners.
8.3. All rights of reproduction and representation are reserved, including for downloadable documents. All texts, graphics, illustrations, icons, photographs, plans, logos, videos, sounds, trademarks, databases, software, codes, and, more generally, all the Contents and elements comprising the Application and/or the Site may not be subject to any representation, reproduction, modification, distribution, extraction, publication, transmission, transfer to any third party, use, in whole or in part, on any medium, without the express and prior authorization of AppVantage SAS. In particular, any extraction or reuse of the Contents and data stored in the Application, beyond its normal use for strictly personal and private purposes, in accordance with the purposes of the Application, is strictly prohibited.
8.4. In general, the User expressly undertakes that the use of the Application in no way infringes upon the rights of AppVantage SAS, and in particular, that this use does not constitute an act of infringement, unfair competition, or parasitic act of the Application and/or the Site as well as the Contents.
9 - User License
9.1. AppVantage SAS grants the User a personal right to use the Application, Content, and Services, which is non-exclusive, revocable, non-transferable, worldwide, solely for their own needs and within the scope of using the Application and Services, excluding any other purpose. Any other use is subject to the prior and express authorization of AppVantage SAS.
9.2. Any reproduction, representation, or distribution, including the addition of new features to the Application or the creation of derivative works, or making modifications to the Application that would alter or modify its operation, by any means and on any medium, is strictly prohibited and incurs civil and criminal liability for its author.
10 - Special obligations of the User
10.1. The User expressly agrees:
- To download the Application to their equipment exclusively for personal and non-commercial use, under the conditions and limits provided in the “Intellectual Property” and “User License” articles above in these GTCUS.
- To expressly refrain from using software or devices that could disrupt the proper functioning of the Application or take actions that may impose a disproportionate load on AppVantage SAS’s infrastructure.
- To inform AppVantage SAS upon knowledge of any hacking activity, particularly any unlawful or non-contractual use of the Application and/or the Site and/or the Contents, regardless of the mode of distribution.
- Not to sell, rent, sublicense, or distribute the Application and/or the Content to third parties.
- To transfer and store in the Application only documents as specified in Article 3.2, “Types of receipts covered and excluded,” of these GTCUS, namely, receipts, machine-generated receipts, credit card receipts, loyalty cards, gift certificates, promotional vouchers, discount vouchers, and related or similar documents. In general, to transfer and store only documents and/or data that are consistent with the purposes of the Services and with the use of the Application in accordance with its intended purpose.
- Consequently, not to transfer or store in the Application documents and/or data other than those provided for by the Application in accordance with its purposes and intended use.
- In particular, not to transfer or store in the Application documents or data of a pornographic nature, infringing upon the rights of third parties, and/or having a defamatory, offensive, obscene, racist or xenophobic nature, inciting hatred or violence, threatening, constituting harassment, and in general any content that would be unlawful, contrary to applicable laws and regulations, public morals, or public order.
10.2. Users who use the Application or Services for purposes prohibited by the law and/or contrary to these GTCUS will be subject to legal action, and data enabling their identification may be provided to the competent authorities in the event of legal proceedings initiated against them.
11 - Special obligations of AppVantage SAS
11.1. AppVantage SAS will make its best efforts to ensure the proper functioning of the Application and is committed to securing access, consultation, and use of the Application and the Site.
11.2. In case of interruption or malfunction, AppVantage SAS undertakes to carry out or have the necessary maintenance interventions to restore the proper functioning of the Application or the Site as soon as possible.
11.3. Furthermore, the User is informed that the Site, the Application, and the data stored by the User are hosted by OVH SAS, RCS of Lille Métropole n°B424 761 419, located at 2 rue Kellermann, 59100 Roubaix, France, phone: +339 72 10 10 07 or 1007. In case of interruption or malfunctions of the Application and/or the Site related to the hosting services provided by OVH, the User is aware that AppVantage SAS is subject to the obligations, conditions, and limits of OVH’s General Hosting Conditions “Bare Metal” (dedicated servers), available at the following URLs: https://www.ovhcloud.com/en/bare-metal/ and https://www.ovhcloud.com/en/terms-and-conditions/contracts/, which, in any case, are binding on AppVantage SAS and, consequently, on the User, which the User acknowledges and accepts.
12 - Territory and Geolocation
12.1. The use of the Application is strictly reserved for the French territory, in accordance with the scope defined by the law n°2020-105 of February 10th, 2020, relating to the fight against waste and the circular economy.
12.2. AppVantage SAS disclaims all liability for use outside the French territory within the strict framework of the scope defined by the law n°2020-105 of February 10th, 2020.
12.3. In order to enable the operation of certain Services or improve their performance, the Application offers a geolocation feature to the User.
12.4. The use of the geolocation feature of the Application requires the prior explicit consent of the User to be geolocated. To do so, the User must activate, if desired, the geolocation feature directly in the settings of their mobile phone or the device used and authorize the Application to use it. This feature can be enabled or disabled in the Application at any time and without charge.
12.5. By accepting the GPS geolocation function of the mobile phone or the device used at the time of purchase, the User can facilitate the management of their receipts, especially sorting their expenses by categories.
13 - Security and technical limitations
13.1. AppVantage SAS makes its best efforts to enable and secure access, browsing, and use of the Site and Application. However, the User is informed that the Site and Application are provided “as is” and “as available” without any warranty other than the legal warranties applicable to Premium Services. Outside of these warranties applicable to Premium Services, access and use of the Application are at the User’s own risk.
13.2. In this regard, the technical performance of mobile Internet requires a processing time necessary to respond, browse, query, or execute the Services.
13.3. The User must ensure that they have a sufficient Internet connection for the operation of the Application. AppVantage SAS is not responsible for the malfunction of the Site or Application in the absence of or with a weak Internet connection. Some services may not work in case of poor Internet connections.
13.4. Consequently, the User acknowledges and accepts the limitations and issues of the Internet and telephony network for which the responsibility of AppVantage SAS cannot be engaged, including (non-exhaustive list):
- The functional characteristics and technical performance of the Internet network.
- Issues related to connection and/or access to the Internet network and/or websites.
- Issues related to the availability and congestion of networks.
- Problems related to network failure or saturation.
- Issues related to transit time, access to information posted online, response times to display, browse, query, or otherwise transfer data.
- Risks of interruption.
- The lack of protection of certain data against potential theft or hacking.
- Risks of contamination by potential viruses circulating on said networks.
13.5. Furthermore, for the proper functioning of the Application services, it is necessary for certain features of the mobile phone to be enabled (camera, geolocation, networks, etc.). If these features are not enabled or present on the User’s phone or device, some services will not be functional on the Application. AppVantage SAS cannot be held responsible for non-functional services in this regard.
13.6. AppVantage SAS ensures the publication of the Application on “stores” and that the Application is compatible with most types of mobile phones or portable devices on the market. Due to the large number of models, various operating systems (up-to-date or not), potential costs from operators, and the different software installed by the User, AppVantage SAS cannot guarantee the perfect compatibility of the Application or Site with all mobile phones and is therefore not responsible for malfunctions.
13.7. Furthermore, it is the User’s responsibility to take appropriate measures to protect their own data and/or software stored on their phone and/or equipment (telephone, computer) against any breach (malfunction, virus, hacking, etc.).
14 - Responsibility
14.1. AppVantage SAS cannot be held liable for the risks and technical limitations accepted by the User in the article “Security and technical limitations” above.
14.2. AppVantage SAS cannot be held responsible for:
- In case of a defect, loss, delay, or error in data transmission that is beyond its control;
- The nature or content of the documents and data stored by the User in the Application, as these are the sole responsibility of the User, without AppVantage SAS being obliged to carry out any control over them;
- Damage of any kind, direct or indirect, resulting from the use or inability to use the Site or the Application, and in particular any financial or commercial loss, loss of data, especially in the information system of the User of the Application;
- Damage of any kind, direct or indirect, resulting from the Content and/or the use or the inability to use websites linked to the Site or the Application, or to which Users could have access via the Site and/or or the Application;
- Sending messages and/or data to a false, incorrect or incomplete address;
- If data does not reach it, for whatever reason, or if the data it receives is unreadable or impossible to process;
- In the event that the User is unable to access or use the Site, the Application, and/or the Services for any reason whatsoever, in particular in the event of maintenance, updating or technical improvements;
- If for any reason the connection should be interrupted.
14.3. AppVantage SAS declines all responsibility in the event of misuse of the terminal and/or any incident linked to the use of the telephone or terminal when using the Application or the Site. AppVantage SAS cannot under any circumstances be held responsible for any damage, of any nature whatsoever, caused to Users, their terminals, their computer and telephone equipment and the data stored there or for the consequences that may result on their personal, professional, or commercial activity.
14.4. AppVantage SAS declines all responsibility for products and/or services offered by third parties, whether these products and/or services are:
- presented in the advertising or promotional spaces of the Site and/or the Application;
- or accessible via hypertext links present on its Site and/or the Application.
14.5. The content of the Application provided by third parties, and the accuracy or validity of loyalty card numbers, promotions, and coupons cannot be guaranteed by AppVantage SAS. It is highly recommended to verify that discounts or promotions have been applied and are still in effect before making any purchase.
14.6. AppVantage SAS cannot be held responsible for any failure to fulfill its obligations resulting from a force majeure event, including but not limited to, cases of war, riot, insurrection, strike, lockout, shortage, fire, epidemic or pandemic, earthquake, storm, severe adverse weather conditions, floods, breakdowns, interruption of telecommunication networks, and, in general, any event preventing the proper execution of its obligations.
14.7. To the extent permitted by applicable law and to the extent that AppVantage SAS would be deemed responsible for damage not provided for above, the liability of AppVantage SAS will be limited only to damages that are certain, direct, real, foreseeable, and resulting from a proven fault of AppVantage SAS.
15 - Duration and termination
15.1. These GTCUS are applicable for the entire duration of the use of the Site and/or the Application, starting from their acceptance by the User as described in Article 1 “Preamble” above.
15.2. Duration and Termination of Standard Services
The subscription to Standard Services is of indefinite duration.
Termination of Standard Services can be carried out at any time through the unsubscribe/termination and uninstallation procedure of the application. In this case, the User will no longer have access to their account. It is the User’s responsibility to download and save the documents they have stored in the Application during the unsubscribing procedure before uninstalling the Application. The User’s documents and data will be kept by AppVantage SAS for a period of four (4) months following their unsubscription. Beyond this period, the User’s account, their associated data and documents will be deleted, without giving rise to any claim or compensation by the User for any reason, which the User acknowledges and accepts.
15.3. Duration and Termination of Premium Services
The subscription to Premium Services is for a fixed duration as chosen by the User via the Application or the Site. In this case, the subscription is entered into for a fixed term and cannot be terminated during its execution. The subscription fee is paid in full and is non-refundable. Upon expiration, unless terminated under the conditions below, the subscription to Premium Services is automatically renewed for a period identical to the initial period, at the rate in effect at the renewal date.
15.4. In the event of a change in prices not mentioned in the prices of the different subscription formulas on the Site or in the Application at the time of subscription, the User will be informed by the “App Store” platforms of Apple® or “Google Play Store” of Google® with reasonable notice before the subscription renewal. The User will have the option to terminate their subscription before its renewal date under the conditions set out in the terms of use of the App Store, available at the address https://support.apple.com under the section “Cancel an Apple subscription” or the terms of use of the Google Play Store, available at the address https://support.google.com under the section “Cancel, pause, or change a Google Play subscription.” In the absence of this, the subscription will continue with the new applicable rate. For more details, the User is invited to refer to the terms of use of the App Store (Apple Media Services General Conditions) or the terms of use of Google Play available online, notably through the help centers of Apple® or Google®.
Termination of Premium Services is done through the unsubscribe/termination procedure before the expiration of the current subscription period under the conditions provided in the terms of use of the App Store, available at the address https://support.apple.com under the section “Cancel an Apple subscription” or the terms of use of Google Play Store, available at the address https://support.google.com under the section “Cancel, pause, or change a Google Play subscription.” In this case, the termination of Premium Services is effective upon the expiration of the current subscription period. It is the User’s responsibility to download and save the documents they have stored in the Application during the unsubscribe procedure before the effective termination date and/or uninstallation of the Application.
The User’s documents and data will be kept by AppVantage SAS for a duration of four (4) months following the effective termination date. Beyond this duration, the User’s account, their associated data and documents will be deleted, without giving rise to any claim or compensation by the User for any reason, which the User acknowledges and accepts.
16 - Right of withdrawal
16.1. In accordance with the current regulations, for any subscription to a paid subscription to Premium Services on the Site or via the Application, the User has a withdrawal period of fourteen (14) calendar days, from the confirmation of the subscription, allowing for the cancellation of the subscription.
The right of withdrawal can be exercised as soon as the subscription is made, without having to provide reasons or pay any penalty.
However, in accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised when the User has expressly waived it in order to use the Premium Services immediately upon subscription (immediate activation of their account to benefit from the Premium Services).
To exercise the right of withdrawal, the User must refer to the withdrawal and refund procedure details provided in the Apple® “App Store” or Google® “Google Play Store,” and use the withdrawal form if available, as provided in the “App Store” or “Google Play Store.”
The User wishing to exercise their right of withdrawal should cease the use of the Premium Services of the Application.
AppVantage SAS commits to providing a refund within 14 days from the subscription to Premium Services, unless the User has waived it to gain immediate access to the Premium Services or if any necessary conditions for obtaining it are not met following the verifications related to the withdrawal period and the formal conditions mentioned above for exercising the right of withdrawal.
The refund will be made using the same payment method that the User used for the subscription to the Premium Services, unless the User expressly and priorly agrees to another refund method.
17 - Legal guarantees due to the consumer
17.1. When the Application User is a consumer, they have the right to the legal guarantee of conformity provided for digital content or services continuously supplied to a consumer by a professional (here, AppVantage SAS) under the following conditions:
The consumer has the right to invoke the legal guarantee of conformity if a non-conformity issue arises during the use of the Digital Content or Digital Service, from the supply of the digital content or digital service. During this period, the consumer is only required to prove the existence of the non-conformity, not its date of occurrence.
The legal guarantee of conformity implies the obligation to provide all necessary updates to maintain the conformity of the digital content or digital service during the use of the Digital Content or Digital Service.
The legal guarantee of conformity gives the consumer the right to have the digital content or digital service brought into conformity without undue delay following their request, at no cost and without significant inconvenience to them.
The consumer can obtain a price reduction while keeping the digital content or digital service, or they can terminate the contract and receive a full refund against giving up the digital content or digital service if:
1° The professional refuses to bring the digital content or digital service into conformity;
2° Bringing the digital content or digital service into conformity is unduly delayed;
3° Bringing the digital content or digital service into conformity cannot be done without imposing costs on the consumer;
4° Bringing the digital content or digital service into conformity causes significant inconvenience to the consumer;
5° The non-conformity of the digital content or digital service persists despite the unsuccessful attempt by the professional to bring it into conformity.
The consumer also has the right to a price reduction or contract termination when the non-conformity issue is so serious that it justifies immediate price reduction or contract termination. The consumer is not required to request the conformity of the digital content or digital service beforehand.
In cases where the non-conformity is minor, the consumer is only entitled to contract termination if the contract does not provide for payment.
Any period of unavailability of the digital content or digital service for the purpose of bringing it into conformity suspends the remaining guarantee until the digital content or digital service is supplied again in a conforming manner.
These rights result from the application of Articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.
A professional who acts in bad faith to prevent the implementation of the legal guarantee of conformity may be subject to a civil fine of a maximum amount of 300.000 €, which can be increased to up to 10% of the average annual turnover (Article L. 242-18-1 of the Consumer Code).
The consumer is also entitled to the legal warranty for hidden defects in accordance with 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 if they keep the digital content or digital service, or to a full refund upon giving up the digital content or digital service.
17.2. The User can exercise these warranties with AppVantage SAS by sending their request to:
Customer Service
AppVantage SAS
16 rue Clément Roassal, 06000 Nice, France
Customer service email contact: contact@appvantage.fr or contact@tikess.fr
18 - Protection of personal data and cookies
18.1. By agreeing to these GTCUS, the User consents to AppVantage SAS, as the data controller, retaining and processing their personal data for the creation of the personal account, the conclusion, management, and execution of the Application Services, as well as the use of the Site.
18.2. Personal data collected by the Application and the Site are subject to the “Data Protection and Cookies Policy” of AppVantage SAS, available on the Site and the Application under the “Data Protection and Cookies Policy” section.
18.3. In accordance with AppVantage SAS’s Data Protection and Cookies Policy, none of the personal data collected by AppVantage SAS is resold to third parties.
18.4. By browsing the Site or by downloading and/or using the Application, the User accepts that their personal data will be processed in accordance with AppVantage SAS’s “Data Protection and Cookies Policy.”
19 - Partial nullity and non-waiver
19.1. If one or more provisions of these GTCUS are deemed invalid or declared as such in accordance with a law, regulation, or a final decision by a competent court, the other provisions of the GTCUS will remain in full force and effect.
19.2. The fact that AppVantage SAS does not invoke any of the clauses of these GTCUS at a given time cannot be interpreted as a waiver, on the part of AppVantage SAS, to subsequently invoke any of the conditions provided for in any of these clauses.
20 - Complaints
For any claims or potential issues, the User is invited to contact the customer service/after-sales service of the Seller at the following contact information:
Customer Service
AppVantage SAS
16 rue Clément Roassal, 06000 Nice, France
Customer Service Email: contact@appvantage.fr or contact@tikess.fr
21 - Applicable law and disputes
21.1. The GTCUS is governed by French law. Any dispute regarding their interpretation and/or execution that could not be resolved through a complaint to the AppVantage Customer Service falls under the jurisdiction of the French courts and the provisions below.
21.2. In accordance with Articles L.611-1 to L.616-3 and R.612-1 to R.616-2 of the Consumer Code, the User can use the following mediation services at no cost for all complaints related to the purchase of Services on the Site or via the Application during the last twelve (12) months:
– SAS CNPM – MEDIATION – CONSOMMATION. In case of a dispute, the consumer can file a complaint on the website: http://cnpm-mediation-consommation.eu or by postal mail by writing to CNPM – MEDIATION – CONSOMMATION, 27, avenue de la Libération, 42400 SAINT-CHAMOND, France ;
– Online Dispute Resolution Platform: In accordance with Article L.616-2 of the Consumer Code and Article 14 of Regulation (EU) No 524/2013 of March 21st, 2013, on online dispute resolution for consumer disputes, the User has the option to use the European Online Dispute Resolution platform (“RLL platform”) free of charge via the following link: