Introduction
These Terms of Service ("TOS") govern access to and use of the Pikfleet SaaS platform, accessible at pikfleet.com, published and operated by Pikfleet ("the Publisher"). Any subscription or use implies full and complete acceptance of these TOS.
Purpose
Pikfleet is a fleet management solution allowing vehicle tracking, driver management, maintenance scheduling, fuel monitoring, and operational checklist deployment.
Access to the service
Access to Pikfleet is conditional upon the creation of an organization account and subscription to a paid plan. The Publisher reserves the right to suspend or terminate any account in the event of a breach of these TOS, without notice or compensation.
The client is solely responsible for the confidentiality and security of their login credentials and any activity carried out under their account. Any suspicion of compromise must be reported immediately to: support@pikfleet.fr.
Subscription and billing
- Subscriptions are billed in advance monthly or annually, depending on the plan selected during registration.
- Prices are indicated excluding taxes (HT). Applicable VAT is that in effect at the time of billing.
- Renewal is automatic unless termination is made at least 15 days before the end of the current period.
- Non-refundability: As the service is an immediate access B2B digital product, subscriptions are strictly non-refundable. No refund or credit will be granted for a subscription period that has started, been unused, or been terminated halfway through.
- Recurring billing authorization: By subscribing to a paid plan, the Client expressly consents to their payment method being charged automatically and recurringly at each due date (monthly or annually), without prior approval being required for each deduction, until effective termination of the contract.
- Correction of billing errors: The Publisher reserves the right to correct any manifest billing or pricing error, including after payment has been processed. If applicable, the Publisher will refund the overpayment or claim the balance due after correction.
- Late payments (B2B): In accordance with Article L. 441-10 of the Commercial Code, any late payment will automatically entail the application of late penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, as well as a fixed indemnity for recovery costs of €40.
Prohibited activities
Users of the platform are strictly forbidden to:
- Extract, scrape, collect, or analyze data from the platform automatically (scraping, bots, scripts).
- Attempt to decompile, disassemble, reverse engineer, or obtain the source code of the platform.
- Competition: Use the platform or its content for the purpose of developing a competing product, copying its features, or carrying out comparative analyses for competitive purposes.
- Disrupt the security, integrity, or proper functioning of servers or networks connected to Pikfleet.
- Circumvent, disable, or interfere with security measures or access restrictions in place on the platform.
- Usurp the identity of a third party, create accounts under false pretenses, or attempt to obtain the credentials of other users (phishing or social engineering).
- Share individual access and user accounts outside the designated organization.
- Harass, threaten, intimidate, or insult the Publisher's employees, representatives, or agents in connection with the use of the services or technical support.
Responsibility for content (Moderation and Reporting)
Pikfleet allows the Client to upload images (vehicle photos, fuel receipts) and enter texts. The Client is solely responsible for the legality of the data and files stored on the platform.
It is strictly forbidden to import, store, or distribute illicit content via the service, including:
- Images or statements promoting terrorism, inciting racial, religious, sexual hatred, or violence.
- Content of a child pornographic, obscene, defamatory, or abusive nature.
- Files linked to drug trafficking, weapons, or any other criminal or illegal activity.
- Documents violating third-party copyrights, trademarks, or trade secrets.
Hosting Provider Status (LCEN): The Publisher acts as a hosting provider within the meaning of the LCEN. As such, the Publisher does not carry out any prior control or systematic moderation of the content stored by its clients. However, upon reporting of manifestly illicit or abusive content, the Publisher will immediately proceed to remove it and reserves the right to suspend the responsible Client's account without delay.
To report any abuse or illicit content: abuse@pikfleet.fr.
Technical limitation of uploads: In order to preserve the stability, performance, and security of its infrastructures, the Publisher reserves the right to set and adjust at any time storage quotas and maximum size limits for files uploaded by the Client (vehicle photos, receipts). Any abusive, disproportionate upload or upload likely to degrade the servers may be blocked or deleted by the Publisher without notice.
Client obligations
The client agrees to:
- Provide accurate information upon subscription and maintain this data up to date.
- Use the service only for the internal needs of their own company.
- Ensure that the processing of personal data of their drivers and employees entered into Pikfleet is fully compliant with local regulations and the GDPR.
- Respect the usage limits of the subscribed plan (number of vehicles or authorized users). The Publisher reserves the right to verify compliance with declared volumes at any time and to bill any observed excess at the current rate.
Service Level Agreement (SLA)
The Publisher strives to maintain platform availability of 99.5% per month, excluding scheduled maintenance operations (notified at least 48 hours in advance). In the event of prolonged unavailability directly attributable to the Publisher, a credit pro rata to the unavailability may be granted upon request. The Publisher cannot be held responsible for outages due to external networks or third parties.
Intellectual property
The general structure, source codes, graphical interface, trademarks, logos, databases, and content of Pikfleet are the exclusive property of the Publisher (Chenavas Holding) and are protected under intellectual property law. Subscription does not entail any transfer of ownership but solely a personal, non-exclusive, and non-transferable license to use.
Data imported and collected by the Client remains their exclusive property. The Publisher agrees to return the data in a standard structured format (CSV/JSON) upon request made within 30 days following contract termination.
Commercial reference: Unless otherwise notified in writing (e-mail), the Client authorizes the Publisher to quote their name and reproduce their logo as a commercial reference on its website and promotional materials presenting the Pikfleet service.
Suggestions and feedback: If the Client or their users submit comments, suggestions, or ideas for improving the platform to the Publisher, the Client agrees that these contributions become the exclusive and definitive property of the Publisher, who may exploit, integrate, or commercialize them without any financial compensation or restriction.
Data processing (GDPR)
Within the framework of Pikfleet usage, the Publisher acts as a data processor (within the meaning of Article 28 of the GDPR) on behalf of the Client, who is the exclusive data controller for their vehicles and drivers' data.
The Publisher agrees to:
- Process personal data solely on the documented instructions of the Client.
- Ensure strict confidentiality of the persons authorized to process the data.
- Implement the technical and organizational security measures required to protect this data.
- Notify the Client of any data breach as soon as possible after becoming aware of it.
Limitation of warranties (As-is)
The Publisher provides the Pikfleet service "as-is" and "as-available". Any explicit or implicit warranty, including but not limited to warranties of merchantability, fitness for a particular purpose or need, absence of bugs, or expected commercial results, is expressly excluded. The Publisher does not warrant that the service will be uninterrupted or error-free.
Liability and Force Majeure
Pikfleet is an operational management support tool. The Publisher cannot be held liable for management decisions, fines, accidents, or financial losses resulting from data or alerts provided by the application.
Liability cap: To the maximum extent permitted by law, the Publisher's cumulative liability for any direct damage is strictly limited to the amounts actually paid by the Client for the subscription during the 12 months preceding the triggering event.
Exclusion of indirect damages: Under no circumstances will the Publisher be liable for indirect damages, such as loss of profit, loss of revenue, loss of data, or loss of clientele.
The Publisher is exempt from all liability in the event of force majeure within the meaning of Article 1218 of the Civil Code, including general network interruptions, failures of major cloud infrastructure providers, or acts of cyberterrorism.
Indemnification
The Client agrees to defend, indemnify, and hold harmless the Publisher (as well as its officers and partners) against any claim, action, loss, liability, administrative fine (including CNIL sanctions), or legal fees resulting from:
- Use of the platform in violation of these TOS or applicable laws.
- The entry or exploitation of personal data or illegal files within the service.
- Violation of the intellectual property rights or privacy of a third party.
Termination
Each party may terminate the subscription at the end of the current period, subject to a 15-day notice. The Publisher reserves the right to terminate or suspend access by right and with immediate effect in the event of serious breach or payment default not regularized within 8 days.
Prohibition of re-registration after exclusion: In the event of termination or suspension of an account by the Publisher for a legitimate reason (notably recurring payment default, abusive behavior, or violation of these terms), the Client is strictly forbidden from attempting to register again under their name, a false name, a different entity, or through a third party, without the Publisher's prior and express written agreement.
Modifications to the TOS
The Publisher reserves the right to modify these TOS at any time. The Client will be notified by email or notification at least 30 days before the modifications come into effect. Continued use of the service after this date constitutes acceptance of the revised TOS.
Communications and electronic signature
Electronic signature and written agreement: The parties agree that the validation of online forms, the click of acceptance during registration, or any exchange of emails constitutes a valid and enforceable written agreement. The use of electronic signature processes complying with current regulations produces the same legal effects as a handwritten signature.
Evidentiary agreement: Computer registers, server logs, connection records, and activity data stored in the Publisher's systems will be authentic between the parties and will be considered valid proof of communications, transactions, consents, and payments occurred within the framework of service use.
Miscellaneous provisions
Independence of the parties: These TOS do not create any partnership, joint venture, commercial mandate, association of common interest, or subordination link (employment contract) between the Publisher and the Client. Each party retains its full legal and financial independence.
Severability of clauses: If any provision of these TOS is declared null, illegal, or inapplicable by a final court decision, that provision will be deemed severable and will not affect the validity, legality, and applicability of the remaining clauses, which will retain their full force and scope.
Non-waiver: The Publisher's failure to demand strict application of any clause or obligation herein at any given time shall not be construed as a waiver to invoke it in the future or to subsequently exercise its rights.
Applicable law and jurisdiction
These TOS are governed exclusively by French law. In the event of a dispute, the parties will strive to find an amicable resolution. Failing this, express and exclusive jurisdiction is attributed to the competent courts within the jurisdiction of the Publisher's registered office (Créteil), notwithstanding multiple defendants or introduction of third parties.
The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded from these terms.