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Terms and Conditions and Privacy Policy


Last revision: April 17, 2013

IMPORTANT: LOKAD provides SaaS (Software-as-a-Service) applications (Salecast, BigFiles, Stockwatch etc., hereinafter referred to as “Services”). Please read LOKAD's GENERAL TERMS AND CONDITIONS AND DATA PROTECTION POLICY (hereinafter referred to as the “Agreement”) before using the services of LOKAD.

This agreement is a legally binding contract between you, as a natural, legal person or company (hereinafter referred to as “customer”) and LOKAD SAS. LOKAD's services are only provided on the condition that the customer agrees to the general terms and conditions of this agreement. By accessing and using the LOKAD services in any way, the customer declares his agreement to the conditions contained in this agreement.

All new functions that change or expand the current services, including the introduction of new tools and resources, are subject to the terms and conditions. LOKAD can update or change any part of this agreement. An updated version will be posted on our Privacy Policy website when this Agreement is updated or modified. The updated agreement will take effect the next working day after it is posted. Any changes are indicated in the date of the last revision (see above). By continuing to use the service after such a change, the customer automatically agrees to the changes. We encourage our customers to read this agreement regularly.


1. SERVICES

1.1 Salescast

Salescast is a SaaS (Software-as-a-Service) web application for inventory optimization that leverages historical sales data.

Salescast is available to customers with an Express, Enterprise, or Premier plan subscription. The features of these 3 different subscriptions can be found on our pricing information page. The main differences are the limited or unlimited number of forecasts and projects, the degree of automation, the database export and the customer support provided by LOKAD.

The Express Plan is free and has no time limit. However, some of the functions are not available.

The Enterprise and Premier plans come with a basic fee. In addition, the customer's forecast consumption is billed monthly. These subscriptions contain additional features. Please see the fees and payment terms below.

1.2 BigFiles

BigFiles is a SaaS (Software-as-a-Service) web application for uploading and downloading files of any size and in any quantity via FTP. Lokad offers a simple and scalable FTP service based on Windows Azure. BigFiles is compatible with other LOKAD applications such as Salescast, Phantomscan and Shelfcheck.

BigFiles is available to Express, Enterprise, and Premier Plan customers. The features of these 3 different subscriptions can be found on our pricing information page. The main differences are in the memory and bandwidth limits.

The Express Plan is free and has no time limit. Storage and bandwidth are limited to 1GB. The Enterprise plan includes a basic fee (see payment terms below). Storage and bandwidth are limited to 2GB.

The Premier plan is unrestricted and billing is based on the amount of data required in GB (available from creating an offer).

1.3 Stockwatch

Stockwatch is a SaaS (Software-as-a-Service) web application for getting insight into the customer's inventory and visualization of the inventory (detecting low-turnover goods, overstocking, etc.).

Stockwatch is currently still a beta version, which can only be accessed upon request from LOKAD. There are currently no subscriptions available for Stockwatch.

1.4 Phantomscan

Phantomscan is a web application that provides a listing of the most likely inaccurate inventory records in order to optimize cycle counting (an inventory process in which materials are inventoried at regular intervals within a fiscal year).

Phantomscan is available on a monthly subscription based on the number of stores you need and the size of your store (see Fees and Payment Terms below).

Phantomscan is currently still a beta version, which can only be accessed upon request from LOKAD.

1.5 Shelf check

Shelfcheck is a web application for monitoring the shelf availability of the customer's products in the store, sending prioritized alerts when a product approaches zero.

Shelfcheck is available as a monthly subscription based on the number of stores covered and the size of the store (see fees and payment terms below). The integration typically incurs a data integration fee.

Shelfcheck is currently still a beta version that can only be accessed upon request from LOKAD.

1.6 General

Please note that the above services require the input of correct data (e.g. historical sales data, lead times, service level, etc.) in order to function properly. The data must be formatted according to the guidelines provided by LOKAD on its website.

LOKAD reserves the right to implement new versions and updates of the services, including but not limited to changes in design, operating procedures, technical specifications, systems and other functions at any time without notice.

LOKAD reserves the right to provide some or all elements of the services through external providers. Express Plan customers (Express Plan is free of charge) and all customers who use services with a beta version are advised that the services are provided according to the current state of development (“as-is”) and without any warranty. LOKAD reserves the right to interrupt, limit or terminate Express Plan customers at any time, without giving reasons and without prior notice.

LOKAD guarantees Enterprise and Premier Plan customers with a Salescast and BigFiles subscription a monthly availability of the Salescast services of 98%, e.g. B. less than 15 hours of application downtime per month. In the event that the availability of Salescast or BigFiles falls below this rate in a month, the customer is entitled to request a reimbursement of all potential costs incurred for that month. However, LOKAD is entitled to take measures that temporarily reduce the aforementioned service availability, provided the customer has been informed of this at least 2 weeks in advance.

The customer acknowledges that the customer's access to the Internet cannot be guaranteed and that the LOKAD is never liable for defects in the customer's Internet connections and / or equipment.

2. CUSTOMER SUPPORT

2.1 Express Plan Customers

Please note that due to the free subscription, LOKAD does not offer any customer support to Express Plan customers. If support is nevertheless provided, this is done at the discretion of LOKAD.

2.2 Salescast - Enterprise Plan Customers

The basic subscription fee includes up to 2 hours of customer support per month for the use of Salescast. Unused support hours are non-refundable and cannot be transferred to subsequent months or other tasks and services. Any additional customer support will be considered an additional element of service and will be recorded in a written addendum.

The customer support was developed to guarantee that the services run smoothly. Customer support can include onboarding (e.g. assistance with setting up user accounts, data formatting, setting up appropriate parameters and service level, etc.), concierge service (regular monitoring of account, parameters and forecasts) and general customer support. Customer support does not include training and advisory services (e.g. on general inventory optimization issues, statistics, etc.).

2.3 BigFiles - Enterprise Plan Customers

The basic subscription fee includes up to 30 minutes of customer support per month for the use of BigFiles. Unused support hours are non-refundable and cannot be transferred to subsequent months or other tasks and services. Any additional customer support will be considered an additional element of service and will be recorded in a written addendum.

The customer support was developed to guarantee the smooth running of the services. Customer support can include onboarding (e.g. assistance with setting up user accounts, data formatting, etc.) and general customer support. Customer support does not include training and advisory services (e.g. on general inventory optimization issues, statistics, etc.).

2.4 Salescast and BigFiles - Premier Plan Customers

The Premier plan is specially designed for large companies. The definition of customer support can be found above. Customer support for this subscription may include training, analysis tweaks, and more. The number of customer support hours included in the plan corresponds to the basic fee agreed in each case (after preparation of the offer).

2.5 Beta Services

The amount and type of customer support provided, if any, will be recorded in a written addendum.

2.6 General

Please send questions about customer support to LOKAD at [email protected] LOKAD offers customer support via email and telephone with regard to inquiries from customers in connection with the use of the services. This support usually takes place on weekdays and during LOKAD's opening hours. The amount of additional written support is at LOKAD's discretion. LOKAD tries to answer questions within one working day, but does not guarantee compliance with this time frame for answering questions.

3. ADDITIONAL CUSTOMER SUPPORT AND ADVICE SERVICES

In addition to the services, the customer can subscribe to various elements (such as additional services, training, fine-tuning of analysis, consulting packages, etc.). These additional service elements are the subject of an order form or a written addendum, starting on the date on which the parties have given their consent. The fees for these services are billed in addition to the fees that the customer pays for the services and are due at the beginning of the agreement. Unless otherwise agreed, all LOKAD consultations are carried out remotely. The hours purchased as part of the consulting package are non-refundable and expire in accordance with the deadlines specified in the order form or written supplement, which may not exceed a period of 180 days after purchase.

4. FEES AND PAYMENT TERMS

4.1 Salescast Fees and Payment Terms

The cost of Salescast is made up of the forecast consumption and the monthly subscription fee of the Enterprise and Premier plan subscriptions.

The cost of forecast consumption is calculated according to general pricing (see our pricing information page). The prices for the forecast consumption can vary slightly and depend on the prices of the cloud computing solution used by LOKAD.

The basic subscription fee for the Enterprise plan is USD 750 (or € 500) per month. The basic fee for the Premier plan (generally intended for very large companies) is calculated according to the requirements of the customer (with preparation of the offer).

The invoice is issued on the 1st of each month, including the basic fee and the forecast consumption of the previous month. (The invoice contains a detailed list of consumption). The invoice can be accessed via the customer interface and a notification is sent to the email address provided by the customer. The invoice must be paid within 15 days.

An upfront payment of USD 4,500 is required to subscribe to an Enterprise plan. All features of the Enterprise plan will be activated upon receipt of this payment. The amount of USD 4,500 will be credited to the customer account. All subsequent invoices will be offset against this amount. If this credit has been used up, the monthly bill must be paid as listed above.

4.2 BigFiles Fees and Payment Terms

The basic subscription fee for the BigFiles Enterprise plan is USD 150 (or € 100).

The basic fee for the BigFiles Premier plan is calculated as required, according to the required GB amount (offer preparation).

The invoice is issued on the 1st of each month, including the basic fee of the previous month. (The invoice contains a detailed list of consumption). The invoice can be accessed via the customer interface and a notification is sent to the email address provided by the customer. The invoice must be paid within 15 days. If the customer also uses Salescast, these invoices are summarized in one.

4.3 Phantomscan and Shelfcheck - Fees and Payment Conditions

Phantomscan and Shelfcheck are available on a monthly subscription based on the number of stores covered and store size.

The monthly costs per store are the same for each of these services:
  • Mini-market, less than 4,300ft2 (or 400m2): USD 15 (or € 10)
  • Supermarket, between 4,300ft2 and 27,000ft2 (or 400m2 and 2,500m2): USD 75 (or € 50)
  • Hypermarket, over 27,000ft2 (or 2,500m2): USD 300 (or € 200)

Invoices are issued monthly and invoices are to be paid within 15 days, unless otherwise agreed in a written addendum.

4.4 General

You will find the payment instructions on the LOKAD invoices. All amounts paid are non-refundable (including prepayments).

All prices and fees created in the context of an offer do not take into account sales, value-added and / or similar taxes that LOKAD will offset or invoice. The customer agrees to pay these taxes for the use of the services.

5. CONTRACT DURATION, EXTENSION OR TERMINATION

This Agreement shall come into force upon the first use of any of the Services by the Customer and will remain in effect provided the Customer pays the monthly subscription and consumption fees as set out in Clause 4 - Fees and Payment Terms - or, if not one of the parties, this Agreement as set out here Clauses terminate.

This agreement can be terminated by either party with written notice (see below) with effect from the end of the month. The termination must be made at least one (1) day before the next billing period. No additional notice period or basic information is required for termination. However, the subscription fees for the current month, if any, and unpaid consumption fees must be paid.

Cancellation of the subscription does not release the customer from the obligation to pay unpaid fees. Upon termination of this agreement or parts thereof, in accordance with this agreement, LOKAD is not obliged to reimburse users for fees already paid, if any.

After termination, LOKAD is entitled to immediately delete and destroy all content, reports and data stored in the customer account. Accordingly, it is the sole responsibility of the customer to ensure that he has the necessary backups etc. of the content that he would like to keep beyond the termination of the subscription.

6. OWNERSHIP RIGHTS

This is an agreement on access to the services. The customer does not receive a license for any software under this agreement. The services are based on protected technologies from LOKAD and cover LOKAD content.

LOKAD is the owner of all copyrights and technical solutions relating to the services or has the sole right to use them. Such copyrights and technical solutions may only be used by the customer in the manner agreed in this contract. Under no circumstances will the customer or a third party acquire industrial property rights or copyrights in the services or in software or technical solutions used in the context of the services or in trademarks or other commercial symbols that belong to LOKAD or are used by LOKAD. Access to the Services is granted through authorization, not sold.In the case of a case study or the like agreed between the customer and LOKAD, all copyrights to the materials produced, including associated photographs, quotes, interviews, videos, testimonials, etc., remain the property of LOKAD and can be used by LOKAD at its own discretion to market its services become.

All content that is loaded into the services by the customer and / or users, transmitted through the services, published, edited or entered into the services remains the exclusive property of the customer or the respective rightful owner. LOKAD is not liable for such content.

LOKAD reserves the right to monitor the use of the services by its customers and to use data associated with such use for recording and anonymously, including the creation of statistics and performance information with regard to the provision and implementation of the services. The customer agrees that LOKAD can use and publish this information, provided this information does not contain any customer data and / or allows the customer to be identified.

LOKAD will maintain appropriate administrative, physical and technical security measures to protect the security, confidentiality and integrity of customer data. The customer consents to the processing of customer data in Windows Azure data centers.

The customer may not change, decompile, disassemble or reverse engineer the services in any way. The LOKAD content may not be copied, reproduced, changed, published, uploaded, set, transmitted, carried out or distributed. The customer agrees not to create derivative works, in whole or in part, or to change, lend, rent, sell, distribute, transmit or transfer any derivative works based on the LOKAD content or services. Unless this has been approved in writing by LOKAD. LOKAD, Salescast, BigFiles, Stockwatch, Phantomscan, Shelfcheck and other applications, the LOKAD logos and other labels occasionally used by LOKAD are trademarks and property of LOKAD. The appearance, layout, color scheme and design of the lokad.com website are the property of LOKAD. The customer does not receive any rights or license to use the above.

LOKAD reserves the right to integrate suggestions or feedback on the services submitted by customer employees into the services without remuneration or prerequisites.

7. CONFIDENTIALITY

LOKAD may not disclose to third parties any information that LOKAD has received from the customer or from the users within the framework of this agreement or make it otherwise accessible. This confidentiality obligation does not apply to information that LOKAD can be shown to have received in a way other than this contract or that is publicly available. This confidentiality obligation does not apply even if a party is obliged to disclose information by statutory provisions, official or court orders. The confidentiality obligation remains in force even after the end of the contract.

8. PUBLICATION

The customer grants LOKAD the right to use the customer's name and company logo in its customer list and for posting on the website. Except for the foregoing, neither party may use the other party's name or logo without the other party's prior written consent.

9. USE AND RESTRICTIONS OF ACCESS

The customer's access to the service is subject to the following, depending on the customer's consent:

  • the use of the customer or user of the services in violation of the terms of this agreement;
  • copying, modifying or creating derivative works from reverse engine or reverse assemble services or other methods of source code identification or hiring a third party to do this;
  • Selling, assigning, sub-licensing, commercial exploitation, granting security rights to LOKAD content or services or providing them to third parties;
  • using the services in a manner that could damage, deactivate, overload or damage the LOKAD website or interfere with the rights of another party to use the services;
  • attempting to gain unauthorized access to the services;
  • access to the services via any other means than the interface provided by LOKAD for access to the services;
  • Use the Services for any purpose or in a manner that is illegal or prohibited under this Agreement, or is not intended for any legitimate business purpose. The customer is responsible for all activities carried out by the customer and user within the service and must use the service in compliance with the relevant national laws. All content uploaded to the service by the customer and / or user, transferred via the service, publicly posted, processed or entered is the sole responsibility of the customer.

The customer must inform LOKAD immediately of any unauthorized use of the user identification and passwords or the customer account.

10. DISCLAIMER; LIMITATION OF LIABILITY

LOKAD content can contain inaccuracies or typographical errors. It can happen that the services of LOKAD are not available. LOKAD and its service providers, licensors and suppliers make no representations about the suitability, reliability, availability, timeliness, security or accuracy of the services or the LOKAD content for any purpose. To the fullest extent permitted by applicable law, this information, software, products, services and associated graphics are "as is" with no guarantee or conditions of any kind, unless otherwise stated in this agreement. LOKAD and its service providers, licensors and suppliers hereby exclude all warranties and conditions of any kind with regard to the services and the LOKAD content, including any implied warranties or conditions of merchantability, suitability for a specific purpose, legal claims and non-infringement of the rights of third parties. No statements or information, whether orally or in writing, received from LOKAD in any way constitute a guarantee unless this has been expressly stated in this agreement.



Should LOKAD, regardless of the terms of this agreement, be willing to grant the customer or a third party liability for loss, disadvantage or damage, the customer agrees that the entire scope of liability on the part of LOKAD and its authorized executives , Managers, employees, affiliates, contractors, service providers, licensors or suppliers are limited in all cases to the total amount actually paid by the customer for services in the six months prior to the Claimed Incident.

LOKAD excludes any liability with regard to third-party products used by the customer.

The customer understands and agrees that the above limitation of liability is an agreed allocation of risk and is an integral part of this agreement. The customer understands and agrees that if the customer fails to agree to the limitation of liability, LOKAD will not provide the customer with any services.

11. GENERAL

Applicable law:To the extent permitted by law, this Agreement will be governed, interpreted and enforced in accordance with French law and the laws applicable in France, regardless of any legal contradictions. Both parties hereby consent to all legal disputes arising from the use of or in connection with the services to the exclusive jurisdiction and the place of jurisdiction in Paris, France. Use of the Services is not permitted in any jurisdiction that does not allow all provisions of these Terms and Conditions, including, without limitation, this paragraph.

Force majeure:Both parties are released from liability for non-performance or delays in performance if these are caused by: acts of war, hostility or acts of sabotage; Power, Internet or telecommunications outages that were not caused by the obligated party; government restrictions (including withdrawal or revocation of export or other licenses); or other events which are beyond the reasonable control of the obligated party. Both parties will use all possible endeavors to mitigate the effects of force majeure.

A party is exempted from liability for damage and other claims if it is prevented from fulfilling a certain obligation due to circumstances which it could not reasonably foresee and prevent, or if such circumstances make it difficult to fulfill a certain obligation. Such force majeure events include labor disputes, lightning strikes, fire, official decisions or other public regulations, disruptions in the network of another operator, delay by subcontractors due to one of the above-mentioned events, general lack of transport, goods or energy or other comparable circumstances.

Permitted legal remedies:With the exception of acts for failure to pay or in violation of the party's copyrights, regardless of the form, no legal remedies arising from this Agreement may be brought later than one year after the cause of the appeal by either party,

Legal relationship between the parties:LOKAD and the customer agree that there is no joint venture, partnership, employment relationship or agency relationship between the customer and LOKAD as a result of this agreement or the use of the services on the part of the customer.

Compliance with the applicable legal provisions:LOKAD undertakes to comply with all French laws when providing its services and handling customer data. LOKAD's provision of services is subject to applicable laws and regulations, including LOKAD's rights and obligations, government, judicial and executive attempts or requirements regarding the use of the services or information by the customer that has been provided or collected by LOKAD for this purpose, to adhere to and to comply with. LOKAD reserves the right to disclose any information at any time if this is necessary to comply with laws, guidelines, legal process inquiries or government inquiries.

Severability clause:If any provision of this Agreement is invalid or in conflict with applicable law, including but not limited to the above disclaimer and limitations of liability, the invalid or unenforceable condition will be replaced with a condition that is consistent with the intent of the original provision and the remainder of the Agreement comes closest and the remainder of this Agreement will remain in full force and effect.

Announcements:Notifications must be sent to the contact address given here (this can be changed by notifying the other party) and will be deemed to have been delivered from the date of actual receipt. By post to LOKAD, 70 rue Lemercier, 75017 Paris (France) or by email to [email protected] The address of the customer is contained in the LOKAD account information. LOKAD can send electronic messages to its customer base through a general message about the service and can send electronic messages to individual customers by e-mail to the respective e-mail addresses of the customer stored in the LOKAD account information for the customer. LOKADs can also send messages to customers by telephone using the customer's phone number stored in the LOKAD account information. It is the customer's responsibility to enter this contact and billing information correctly and to update it if it changes.

Entire agreement:Unless otherwise stipulated in this agreement, this agreement, along with any LOKAD appendix or addendum thereto, including all order forms, represents the entire agreement between the customer and LOKAD with regard to the services, and replaces all previous or simultaneous electronic, oral or written communications, Offers and agreements between the customer and LOKAD regarding the subject matter of this agreement. In the event of a discrepancy or inconsistency between the terms of the main body of this Agreement and any Appendix or Addendum or Order Form, the terms of this Appendix, Addendum or Order Form shall prevail. LOKAD objects to this and rejects any additional or different conditions proposed by the customer, including the conditions contained in the purchase order, declaration of acceptance or website of the customer. Failure to object by LOKAD to any conditions from subsequent documents, communications or actions by the customer cannot be interpreted as a waiver of the conditions of this agreement. The party's obligations arising from this agreement are neither dependent on the provision of future functionality or functions of the services nor on oral or written public comments from LOKAD on the future functionality or functions of the services.

Transmission:LOKAD can assign or transfer this agreement to a successor.

Headlines:The headings of the sections of this agreement are for guidance only and have no effect on the meaning or interpretation of this agreement.

Service contract:This agreement is a contract for the provision of services and not a contract for the sale of goods.

Authority:Both parties warrant to the other party that it has the power and authority to enter into this Agreement and that this Agreement is binding on the party and is enforceable under the Terms.

Persistence:The following sections will survive the expiration or termination of this Agreement: Fees and Payment Terms, Property Rights, Confidentiality, Disclosure, Damages, Disclaimer, Limitation of Liability, Termination, and General.

Language:It is the express request of the parties that this Agreement and all related documents be drawn up in English. Any versions in other languages ​​are provided for your convenience only.