L Y K O

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Terms and conditions of sale

Last update : January 5, 2021

Welcome to Lyko !

 

The present Terms of sale of the Lyko service (the “Terms”) constitute a legal agreement between Lyko SAS (“Lyko” or “we”) and the individual or legal entity (“you”, “your”, “user”) who registers to obtain his Lyko Account, in order to access our services.

The present Conditions set forth the terms and conditions applicable to the use of these services. Lyko SAS is located at the following address: 100 rue des Fougères 69 009 Lyon.

Available online on our website lyko.tech, we may modify the present Terms and Conditions in order to integrate regulatory, jurisprudential, editorial or technical evolutions that raise the level of protection of your Personal Data.

In case of minor changes, we will change the “last update” date by indicating the date on which the changes were made.

On the other hand, in the event of a substantial modification of these Terms, we will inform you directly, by e-mail, sms or directly from the dashboard, of the changes made. Your continued use of the Service and the APIs after an update constitutes your acceptance of such changes.

You should also check this page regularly for any changes or updates to our Terms.

Preamble

Lyko is committed in a process of providing an API allowing you and your customers to access data and tools for the distribution of public and private mobility services.

An API governs under the conditions defined in the present general conditions of use of the API (the “General Conditions”). The API can be queried via the following 3 functionalities. Namely the access to :

  • The distribution and reservation of more than 1,500 public and private mobility services
  • Distribution of passenger information, in particular via an intermodal/multimodal trip calculator.
  • Finally, a payment solution, managed by our partner Stripe

Lyko differentiates the users of these services in 2 different categories according to the Lyko license subscribed :

  • We call the users having subscribed to the free version “Lyko Free” the “Free Users“. Although Free Users can access and use the Service, they have access to a more limited set of features and characteristics of the Service than Subscribers.
  • We call users who use the Service within the framework of a Lyko subscription paying the “Subscribers” (regardless of the subscription chosen “Lyko Basic”, “Lyko Essential”). The features and functionalities of the Service made available to Subscribers are determined by the chosen subscription category as well as by the special conditions agreed upon between Lyko and the organization (for example, your employer or another entity or person, called the “Customer“) that has entered into a separate agreement governing the delivery, access and use of the Service (the “Customer Agreement“).

For the purposes of these Terms, these 2 categories of users are referred to indiscriminately as “Users”, “you” or “your”. 

Regardless of the category of user to which you belong, these Conditions create a legal agreement between you and Lyko and explain the rules governing the use of the Service and the Websites. By accessing or using the Service and the Websites, you acknowledge and agree that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use the Service and the Websites. Furthermore, if Lyko has previously prohibited you from accessing or using the Service and the APIs, you are not authorized to access or use them. 

Finally, Lyko remains free to conclude agreements separate from the General Conditions with the users of its choice. If you have any questions about these General Terms of Sale (the “Terms”), please send us an email at hello@lyko.tech.

1. Definitions

  1. API” means the programming interface integrated into the platform that allows Information to be obtained following a Request. The API is available at dashboard.lyko.tech.
  2. Platform” designates the application and/or the website or the application of the Developer that integrates the Lyko APIs.
  3. Database” designates the databases from which the Data is extracted and used by the API to be restored as Information in response to Requests.
  4. Lyko Account” means the user account allowing to access the APIs and to connect to the dashboard.
  5. Users” means legal or natural persons having an account with Lyko.
  6. Dashboard” means the dashboard including, but not limited to, query history, reservations, user information, billing information.
  7. Documentation” refers the technical documentation made available by Lyko to facilitate the use of the API including in particular the description of the Data. The Documentation has contractual value and is available from your dashboard.
  8. Data” refers to the distribution data of mobility services, made available via the Lyko API. The API uses theoretical data relating to public and private mobility services, integrated and listed in the Documentation.
  9. Information” refers to the response elements transmitted to the User following a Request via an API, any Information is a Data.
  10. Request” refers any use of the API or of one of its functionalities and refers to each time an API is requested or used to calculate, determine or transmit a single piece of unique information in order to allow you (or the users of your applications or platform) to use the information calculated, determined or conveyed by the API (autocompletion, intermodal journey result…).
  11. Transaction” means any reservation and/or payment for mobility services.
  12. Out-of-rate” means the cumulative amount of additional requests and CB payment fees per transaction.
  13. End Customer” means any individual or legal entity using the User’s platform.
  14. Partner Mobility Service Provider” means any mobility service, public or private, integrated in Lyko’s API.
  15. Ideas” refers to comments and suggestions for improvement of the Services, the APIs, the dashboard or any other component of Lyko’s products or services.
  16. Server” refers to the hosting tool made available by an external provider.

2. Property

Lyko is the owner of all property rights, including intellectual property rights and to define contractually the conditions of use, or use of the API, data, databases and Information.

Lyko retains full ownership of the titles and property rights whatsoever attached to the API, the Data, Databases and Information and no title or property right attached to the API, the Data, Databases or Information is transferred to the user.

3. Registration and creation of a Lyko account

3.1) Creation of the Lyko account

To access the Services and APIs, you must create a Lyko account via the page dashboard.lyko.tech either :  

  • by filling in the information requested and indicated as mandatory in the form presented to it.
  • by using any third party identification device (such as Google connect, Guthub connect,…) offered on the Platform, for the purposes of which it authorizes Lyko to collect the necessary information provided by this device.

The user agrees to provide us with accurate, complete and up-to-date information on his registration. It is his responsibility to ensure that his password remains confidential and secure. By registering, he or she agrees to be fully responsible for all activities that occur under his or her username and password.

Online acceptance of the Terms and Conditions is evidenced by a mandatory checkbox process. Validation of registration constitutes the electronic signature. The user thus agrees that his electronic consent has the same legal effects as a physical signature.

At the end of the validation of the Lyko Account, the user will thus access his own dashboard allowing him to manage his Lyko Account and activate additional functions. The User will have 24/7 access to his Dashboard gathering all the information related to his Lyko Account and his Applications. This information can be provided in his language if available, and if not, it will be provided in English.

3.2) Communication between Lyko and the User

By validating the creation of his Lyko Account, the user consents to receive by electronic means, all information related to the activity related to his account and the changes made to Lyko’s services, including those required by law. 

The user also agrees that the electronic delivery of information has the same legal effect as if it had been provided in physical copy. Lyko considers that an information has been received by the user within 24 hours after sending it by e-mail or after posting it on its website or the customer’s dashboard. 

Given their nature, the user will only be able to start using Lyko’s Services if he accepts the delivery of these e-mails. However, the latter may choose to withdraw his consent concerning the electronic reception by terminating his Lyko Account.

3.3) Personal data

Protecting, securing and maintaining the information processed by Lyko is one of its priorities. To know in detail, our terms and conditions for the protection of personal data, do not hesitate to consult our privacy policy

4. Access to the API

4.1) Details on the API key

By registering to Lyko, the user will be required to use a development key to use the API. The user is required to secure his secret keys; not to publish them or share them with any unauthorized person.

4.2) Restrictions to the API

The user only has the rights to the API and the Data expressly granted herein. These rights are as follows :

  1. Access to the Data solely through the API.
  2. The prohibition to reproduce the API in any way whatsoever.
  3. You may not copy, modify, transmit, store, display, rent, lease, sell, loan or otherwise distribute the API in whole or in part, except as expressly provided herein.
  4. You may not translate, adapt, arrange or otherwise alter all or any part of the API, except as expressly provided in this Conditions.
  5. The authorization to observe, study or test the functioning of the API when acting solely in accordance with the Terms and Conditions; and Lyko has the exclusive right to correct the API.
  6. The prohibition to commercialize, or to make a profit in any way whatsoever, from the Data outside of the development or extension of the mobility services of a platform.
  7. The prohibition to store the Data regardless of the technical means used, in particular caching.
  8. The prohibition to reconstitute all or part of Lyko’s Databases, on which no right is granted.
  9. The prohibition to use the API for Information that would be contrary to laws and regulations or that would be detrimental to public order or any other use that would damage Lyko’s brand image or that would have the object or effect of harming Lyko. Any breach of this obligation will result in the automatic termination of the General Terms and Conditions, without notice and with immediate effect in accordance with Article 7.
  10. It is forbidden to modify the Information which would have the effect or the object of transmitting erroneous information to the final customers.

4.3) Updates to the API

Due to the nature of the Services, Lyko updates the API and the Documentation periodically. Lyko reserves the right to interrupt access to the API exceptionally and for a limited time in order to carry out maintenance or security interventions.

The latter may also add or remove features. A notification will be sent to the user if Lyko carries out a significant modification, replacement or removal of a functionality of the API, so that the user can continue to use the Services with minimal interruption.

5. User licence

Lyko grants the user a personal, non-exclusive, non-transferable and non-assignable right to use the API, for the sole purpose of developing and enriching its platform. This right is contractualized through a license, valid for the duration of the API access authorization. In order to access the API, the user will be obliged to choose an offer among the 3 Lyko offers available on our site. Namely :

  • Lyko Free
  • Lyko Basic 
  • Lyko Essential 

Each of its offers includes a certain number of functionalities, a number of authorized requests, the possibility to carry out transactions.
The prices of each license are specified on lyko.tech/en/princing. The applicable prices are those in effect at the date of registration. They do not include VAT.

5.1 ) Limit on the number of requests

Each offer has a number of included queries. These are as follows :

  • Lyko Free : 5 000 requests
  • Lyko Basic : 70 000 requests
  • Lyko Essential : 120 00 requests

Every month started is due. In the event of a change of offer during the month, the previous subscription is closed and a new subscription is taken out on the date. For each overrun, the additional request will be invoiced, up to 0.01€/request. The user commits himself not to put in place any means that would have the effect or the purpose of deceiving Lyko on the number of Requests.

5.2) Transaction fees

The inclusion of the API in the platform as well as the communication of the data to the final customers does not in any way prohibit the commercial use of the platform, however for any payment made on the user’s platform, each transaction is charged according to the origin of the card. These are as follows :

  • European card: 0.30€ + 1.80% of the transaction amount
  • International card: 0.30€ + 3.30% of the transaction amount

For information, these transaction fees are only applicable on the Licenses: Lyko Free, Lyko Basic and Lyko Essential.

5.3) Payment of the license

The User’s license fee is shown on the User’s dashboard and is based on the number of requests and the version of the Service purchased. At the beginning of each month, Customer must pay his fees when due and is responsible for providing complete and correct billing information to Lyko. If these fees are paid by credit card or any other electronic means, Customer authorizes Lyko to bill these fees using the payment method chosen by Customer. In the event of an out-of-pocket payment, the Customer will be automatically debited from his account, in increments of €100. Please note that it is possible for the Customer to modify the amount of this increment upon request.

All payments due under these terms and conditions shall be made in full without any deductions or withholdings, except as required by law and neither of us shall be entitled to make any credit, set-off or counterclaim against the other to justify withholding payment of such amount, in whole or in part.

If you do not pay within 7 days, we may suspend any further provision of the Services and cancel all future services that have been ordered by you or otherwise arranged with you.

6. Quality of API

6.1) Availability rate

Except for maintenance periods, Lyko undertakes to implement effective controls to provide reasonable assurance that Customer can access and use the APIs in accordance with the terms and conditions of its Agreement.

According to the Agreement, Lyko guarantees an availability rate of :

  • 99.00% on the Lyko Free offer, representing a maximum authorized downtime of 7 hours, 18 minutes and 17.4 seconds per month.
  • 99.90% on the Lyko Basic offer, representing a maximum authorized downtime of 43 minutes and 49.7 seconds per month
  • 99.95% on the Lyko Essential offer representing a maximum authorized downtime of 21 minutes and 54.9 seconds per month

6.2) Interruption periods

Maintenance interventions can be scheduled by our technical team at any time of the day in case of force majeure, but we commit ourselves to do our utmost to ensure that all maintenance operations are carried out from 9:00 pm (Paris time) until 6:00 am at the latest.

In case of interruption or suspension of services, Lyko undertakes to inform the User by e-mail or via the Dashboard, as soon as possible. In case of technical or evolutionary maintenance, Lyko undertakes to inform the User by e-mail or via the Dashboard, at least 15 days before the intervention.

6.3) Deadlines for correction of anomalies

Our customer service is at your disposal by mail or phone. Any anomaly must be reported by e-mail to help@lyko.tech or via the dashboard without delay. In case of notification by a user of an application failure (software bug), Lyko undertakes to research and control the causes of the malfunction within 48 working hours.

Lyko will inform the User of the result of its investigations and the probable time for correction according to the criticality of the problem. Lyko undertakes to do its utmost to ensure that the software malfunction is corrected within 72 working hours.

However, certain types of technical failures are undetectable by the users, thus not causing any interruption of service. In this case, the User acknowledges and accepts the technical hazards inherent to the Server, and the access interruptions that may result from them. Consequently, Lyko will not be held responsible for any unavailability or slowdown of the APIs. Consequently, Lyko will not be held responsible for any unavailability or slowdown of the APIs or for the possible impact of this unavailability on the User’s activities.

In the case of a server crash, the backups made every hour (with a history of 3 days) can be restored within 20 minutes to 2 hours.

6.4) Causes of major forces

Lyko is in no way responsible for any failure or delay in the performance of our obligations when such failure or delay results from a cause beyond our control. Such causes include, but are not limited to :

  • a power failure
  • an Internet Service Provider outage
  • an industrial action
  • civil unrest
  • fire, flood, storms, earthquakes, …
  • acts of terrorism, acts of war, government action,…
  • or any other event beyond the control of the party in question.

If the delay persists for a period of 90 days, either of us may terminate or cancel the Services to be performed under these Terms and Conditions.

6.5) Penalties

In the event of non-compliance during a month with availability commitments, the amount of penalties due for a month is capped at 20% of the amount of the User’s invoice for that month.

 

Calculation of penalties

The “unavailability rate” is calculated monthly as follows:

Unavailability Rate = Unavailability Time / Theoretical Total Time * 100

The “downtime” is the time during which the service has been unavailable and Lyko’s infrastructure is involved. It does not include scheduled maintenance time or downtime due to a cause of force majeure.

The “theoretical total time” corresponds to the total period of possible use of the service in the given month minus the scheduled maintenance times.

The User may claim an indemnity for a given month provided that he makes the request within thirty days following the last day of the reference month.

This indemnity will be calculated based on the availability rate and billing of the reference month and will be paid in the form of a credit note.

If the unavailability rate is between 0% and 0.2%, the User will not be entitled to any compensation.

If the unavailability rate is between 0.21% and 0.5%, the User may claim compensation corresponding to 3% of the invoiced amount for the reference month.

If the unavailability rate is between 0.51% and 1%, the User may claim compensation corresponding to 8% of the invoiced amount for the reference month.

If the unavailability rate is between 1.01% and 1.5%, the User may be entitled to the payment of an indemnity corresponding to 13% of the invoiced amount for the reference month.

If the unavailability rate is greater than 1.5%, the Customer may claim a compensation payment corresponding to 20% of the invoiced amount for the reference month.

7. Termination

The present Conditions take effect on the date on which the user accesses or uses the Services for the first time and will remain in force until termination by the user or by Lyko.

The user may terminate the present Conditions by simply closing his Lyko Account at any time by sending an e-mail to hello@lyko.tech. The date of closing the account is the date of receipt of the e-mail. In case of a re-use of Lyko or a re-opening of a Lyko account, the user consents again to the present Conditions.

However, Lyko reserves the right to close a user’s account and to make him/her stop using the API, without prior notice in case of use of the API not in compliance with these Terms and Conditions, without the user being able to claim any compensation. Thus, Lyko will not be required to indemnify, reimburse or compensate the user for his use of the Services, the termination or suspension of the Services or the deletion of his information or account data.

Finally, the user is still obliged to pay to Lyko any Fees or fines due, or to perform any other financial obligation that the user has incurred himself or through his use of the Services prior to the termination.

8. Obligations between the User & Mobility Service Provider Partners

In certain cases, the User is obliged to respect the prerogatives given by the Mobility Service Provider Partners. By prerogative, this may concern, for example, at the time of reservation, the addition of the mention “Service operated by XXXXX”. All these obligations are listed in the documentation.  

Moreover, the integration of certain Mobility Service Providers’ Partners on an Application may not be carried out without their prior agreement. In this case, Lyko will notify the User by e-mail of the decision of the Partner Mobility Service Provider. As long as you have not received an answer from us, the User is bound not to proceed with the integration. In case of non-compliance, Lyko gives itself the right to suspend or terminate access to the application or to the User’s account.

9. Relationship between Lyko and end customers

The User has a better knowledge than Lyko of its End Customers, and is responsible for its relationship with them. The User is thus responsible for establishing and maintaining his own customer service. But also to know if a Transaction initiated by one of his End Customers is erroneous (for example, an End Customer reserving a service when he has made a mistake in his schedule) or suspicious (for example, unusual or significant purchases). If the User is unsure whether a Transaction is erroneous or suspicious, he or she should research the Transaction and, if necessary, contact his or her Customer before validating or completing the Transaction. The User is solely responsible for any loss he or she may suffer as a result of erroneous or fraudulent Transactions in connection with the use of the Services.

Moreover, being an intermediary, Lyko is not liable in case of bad execution, due to the service provided by the Mobility Service Provider Partners, integrated in Lyko’s API. We are therefore not liable in case of : 

  • any indirect, special or consequential loss, damage, cost or expense or;
  • any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; labour disruption; or, other claims by third parties; or
  • any failure to perform any of our obligations if such delay or failure is due to a cause beyond our reasonable control; or
  • any loss caused directly or indirectly by any failure or breach of your obligations; or
  • any loss arising directly or indirectly from your choice of the Services and the manner in which they will meet your needs or your use of the Services or any goods provided as part of the Services.

Thus, in case of disputes, the User will not be able to return to Lyko but to the partner transport provider. The latter is held solely responsible for providing the best service to the end customer. But also everything concerning Transaction receipts, reservation or payment of a mobility service, assistance, refunds or reimbursements, and any other problem related to your products and services and commercial activities. If the Mobility Service Provider Partner needs additional details about a reservation, he can ask for more information from Lyko’s Customer Service by sending an e-mail to help@lyko.tech

10. Lyko's Intellectual Property (IP) Rights

It is understood between users and Lyko that Lyko is the exclusive owner of all right, title and interest in and to all patents, copyrights (including derivative works), moral rights, publicity rights, trademarks or service marks, logos, designs, trade secrets and other intellectual property rights or subject matter embodied or contained in the APIs, Services, Dashboard and Documentation (collectively “Lyko IP”) or any copy thereof. 

Lyko IP is protected by copyright, copyright, trade secret, patent and other intellectual property laws, and all rights in Lyko IP not expressly granted to you under these Terms are reserved.

The user may, on his own initiative or in response to an invitation from Lyko, submit ideas to improve the Services, the APIs, the dashboard or any other component of Lyko’s products or services. In case of submission of ideas, Lyko considers that this submission is tacitly voluntary, unsolicited by Lyko, and is delivered without any restriction on the possible use of this Idea. User also agrees that Lyko has no fiduciary or other obligations in connection with any Idea submitted. Thus, Lyko is free to use its Ideas without any compensation.

11. Law and Attribution

These conditions are subject to French law, to the exclusion of all other legislation. All disputes arising from these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the French courts.

12. For more information

If you have any questions about these Terms, please contact us at hello@lyko.tech.