Terms of Sale and Use

1. Purpose

These general terms (the “Terms”) govern access to and use of the Digikart service (the “Service”), a digital loyalty card platform for Apple Wallet and Google Wallet, as well as the associated subscription. Any subscription implies full and unreserved acceptance of these Terms.

2. Publisher

The Service is published by Néo Lebouteiller, sole trader (auto-entrepreneur) trading under the name “Digikart”, registered under SIREN number 934 869 389, with registered office at 52 boulevard Villebois-Mareuil, 35000 Rennes, France.

• Contact: contact@digikart.fr
• Publication director: Néo Lebouteiller
• Host: OVH SAS, 2 rue Kellermann, 59100 Roubaix, France.

3. Definitions

• Client : the professional merchant taking out the subscription.
• End customer : the consumer holding a loyalty card issued through the Service.
• Compte : the Client's personal area, accessible after registration.

4. Description of the Service

The Service allows the Client to create digital loyalty cards, record their End customers' visits (stamps), send notifications and view statistics. The Service is provided “as is” and may evolve.

5. Registration and Account

Registration requires a valid email address, verified by a confirmation link. The Client is responsible for keeping their credentials confidential. Two-factor authentication by email protects access.

6. Subscription, price and payment

• The Service is offered on subscription with no minimum term, under two plans: Digikart Plus and Digikart Pro. Each plan is paid monthly or yearly: €17 per month incl. VAT or €170 per year incl. VAT for Plus, €49 per month incl. VAT or €490 per year incl. VAT for Pro. A free offer with no subscription remains available.
• The yearly subscription is paid in one instalment, in advance, for twelve months. It renews automatically at its term and may be cancelled at any time, cancellation taking effect at the end of the period already paid for.
• A free trial period precedes the first charge : 3 days for the Plus plan, 14 days for the Pro plan. No amount is charged during the trial.
• The Client may change plan or billing period at any time from their area. The change takes effect immediately, pro rata for the current period.
• Payment is handled by our provider Stripe. Bank card details neither pass through nor are stored by Digikart.
• At the end of the trial, and unless cancelled, the subscription is charged automatically each month.

7. Term, cancellation and refund

The subscription is entered into for an indefinite term, cancellable at any time by the Client from their area (“Manage my subscription”). Cancellation takes effect at the end of the current period; no pro rata refund is due. The Client may permanently delete their account and data at any time.

8. Client's obligations

The Client undertakes to use the Service in accordance with the law, to inform their End customers of the processing of their data, and to obtain any required consent. The Client is solely responsible for the content of the notifications they send.

9. Availability

Digikart uses reasonable means to ensure the availability of the Service, without guaranteeing the absence of interruption. Maintenance operations may occur.

10. Personal data

Data processing is described in the Privacy Policy.

11. Intellectual property

The Service, its brand and its content are the property of the publisher. No right is assigned to the Client other than a personal, non-exclusive right of use for the duration of the subscription.

12. Liability

The publisher may not be held liable for indirect damages. In any event, liability is limited to the amounts paid by the Client over the last twelve months.

13. Governing law and disputes

These Terms are governed by French law. Failing an amicable settlement, any dispute will be brought before the competent courts of Rennes, France. This English text is a translation provided for convenience; only the French version of these Terms is legally binding.