Terms and
Conditions
Lyko - Terms and conditions
Last update: January 05, 2020
Welcome to Lyko!
These Lyko Terms of Service (the “Terms”) constitute a legal agreement between Lyko SAS (“Lyko” or “we”) and the individual or entity (“you”, “your”, “user”) who registers for a Lyko Account to access our services.
The present Terms and 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 in order to integrate regulatory, jurisprudential, editorial or technical evolutions raising the level of protection of your Personal Data.
In case of minor changes, we will change the “last update” date to the date the changes were made.
However, in the event of a material change to these Terms, we will notify you directly, by email, sms or directly from the dashboard, of the changes made. Your continued use of the Service and APIs after an update constitutes acceptance of such changes.
We also recommend that you check this page regularly for any changes or updates to our Terms.
Preamble
Lyko is committed to providing an API that allows you and your customers to access data and tools for the distribution of public and private mobility services.
An API governs under the terms and conditions set forth in these API Terms and Conditions of Use (the “Terms and Conditions”). The API can be queried via the following 3 features. Namely access to:
- Distribution and reservation of over 1,500 public and private mobility services
- Dissemination of passenger information, in particular via an intermodal/multi-modal trip calculator
Lyko differentiates the users of these services into 2 different categories according to the Lyko license subscribed:
- We refer to users who have subscribed to the free version of “Lyko Free” as “Free Users“. Although Free Users may access and use the Service, they have access to a more limited set of features and functionality of the Service than Subscribers.
- We refer to users who use the Service as part of a paid Lyko subscription as “Subscribers” (regardless of the subscription chosen “Lyko Basic”, “Lyko Essential”). The features and functionality of the Service available to Subscribers are determined by the subscription category selected and the specific terms agreed upon between Lyko and the organization (e.g., your employer or other entity or person, referred to as 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 which category of user you fall into, these Terms create a legal agreement between you and Lyko and explain the rules governing your use of the Service and the Websites. By accessing or using the Service and Websites, you acknowledge and agree that you have read, understand 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 Websites. In addition, 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 enter into agreements separate from the Terms and Conditions with users of its choice. If you have any questions about these Terms and Conditions (the “Terms”), please email us at hello@lyko.tech.
Definitons
- “API” means the programming interface built into the Platform that allows Information to be obtained as a result of a Request. The API is available at https://dashboard.lyko.tech/.
- “Platform” means the application and/or website or application of the Developer that integrates the Lyko APIs.
- “Database” means the databases from which Data is extracted and used by the API to be rendered as Information in response to Requests.
- “Lyko Account” means the user account that allows access to the APIs and login to the dashboard.
- “Users” means legal entities or individuals who have an account with Lyko
- “Dashboard” means the dashboard including but not limited to request history, reservation history, user information, billing information.
- “Application” means the mobility platform developed by the User.
- “Documentation” means the technical documentation made available by Lyko to facilitate the use of the API, including a description of the Data. The Documentation has contractual value and is available from your dashboard and the website lyko.tech.
- “Data” means the distribution data of the Mobility Services, made available via the Lyko API. The API uses theoretical data relating to the mobility services, both public and private, integrated and listed in the Documentation.
- “Information” means the response elements transmitted to the User as a result of a Request via an API, any Information is Data.
- “Request” means any use of the API or any of its functionality, and refers to any time an API is requested or used to compute, determine, or transmit a single piece of information for the purpose of enabling you (or users of your applications or platform) to use the information computed, determined, or conveyed by the API (e.g., autocompletion, intermodal trip results, etc.)
- “Transaction” means any reservation and/or payment for mobility services.
- “Out-of-Pocket” means the cumulative amount of additional requests and CB payment fees per transaction
- “End Customer” means any natural or legal person using the User’s Platform.
- “Partner Mobility Service Provider” means any mobility service, public or private, that is integrated into the Lyko API.
- “Ideas” means comments and suggestions for improvements to the Services, APIs, dashboard or any other component of Lyko’s products or services.
- “Server” means the hosting tool provided by an external provider.
Property
Lyko owns all proprietary rights, including intellectual property rights, and contractually defines the terms of use, or use of the API, data, databases and Information.
Lyko retains full title and ownership rights to the API, Data, Databases and Information and no title or ownership rights to the API, Data, Databases or Information are transferred to the user.
Registration & creation of a Lyko account
Creating a Lyko account
To access the Services and APIs, you must create a Lyko account via dashboard.lyko.tech :
- by filling in the information requested and indicated as mandatory in the form presented to him
- by using any third party identification device (such as Google connect, Guthub connect,…) offered on the Platform, for the purposes of which he authorizes Lyko to collect the necessary information provided by this device.
The user agrees to provide us with accurate, complete and up-to-date registration information. It is the user’s responsibility to ensure that their password remains confidential and secure. By registering, you agree to be fully responsible for all activities that occur under your username and password.
The online acceptance of the General Conditions is materialized by a mandatory checkbox process. The validation of the registration constitutes the electronic signature. The user thus agrees that his electronic consent has the same legal effect as a physical signature.
Upon validation of the Lyko account, the User will have access to his own dashboard allowing him to manage his Lyko Account and activate additional features. The User will have 24/7 access to his Dashboard gathering all information related to his Lyko Account and Applications. This information can be provided in his language if available, and if not, it will be provided in English.
Agreed communication between Lyko and the User
By validating the creation of his Lyko Account, the User agrees to receive electronically, all information related to the activity related to his account and changes to Lyko’s services, including those required by law.
User also agrees that electronic delivery of information has the same legal effect as if it had been provided in physical copy. Lyko considers information to have been received by the User within 24 hours after sending it by e-mail or after posting it on its website or the Customer dashboard.
Due to their nature, the User will only be able to start using Lyko’s Services if he/she agrees to the delivery of these emails. However, the User may choose to withdraw his consent to electronic delivery by terminating his Lyko Account.
Personal data
Protecting, securing and maintaining the information processed by Lyko is one of its priorities. To learn more about how we protect your personal information, please read our privacy policy.
Access to the API
Details on the API key
By registering with 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.
Restrictions to the API
User shall have only those rights to the API and the Data expressly granted herein. To wit:
- Access to the Data through the API only.
- The prohibition to reproduce, in any way whatsoever, the API.
- The API may not be copied, modified, transmitted, stored, displayed, rented, sold, loaned or otherwise distributed in whole or in part, except as expressly provided herein.
- You may not translate, adapt, arrange or otherwise alter all or any part of the API except as expressly provided herein.
- Permission to observe, study or test the operation of the API when acting solely in accordance with the Terms and Conditions; and Lyko has the exclusive right to correct the API.
- The prohibition to commercialize, or to profit in any way from, Data outside of the development or extension of a platform’s mobility services.
- The prohibition to store Data by any technical means, including caching.
- The prohibition to reconstitute all or part of Lyko’s Databases, on which no rights are granted;
- The prohibition to use the API for Information that would be contrary to the laws and regulations or that would be contrary to public order or any other use that would damage Lyko’s brand image or that would have the purpose or effect of harming Lyko. Any breach of this obligation will result in the termination of the Terms and Conditions by operation of law, without notice and with immediate effect in accordance with Article 7.
- The prohibition of any modification of the Information that would result in or have the effect of transmitting erroneous information to end customers.
API updates
Due to the nature of the Services, Lyko updates the API and Documentation periodically. Lyko reserves the right to interrupt access to the API on an exceptional basis and for a limited time in order to perform maintenance or security work.
Lyko may also add or remove functionality. Notification will be sent to the User if Lyko makes a significant change, replacement or deletion of any API functionality, so that the User may continue to use the Services with minimal disruption.
Licence of use
Lyko grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the API, for the sole purpose of developing and enhancing its platform. This right is contracted through a license, valid for the duration of the authorization to access the API. In order to access the API, the user will have to choose one of the 3 Lyko offers, available on our website. To know :
- Lyko Free
- Lyko Basic
- Lyko Essential
Each of its offers includes a certain number of features, a number of authorized queries, the possibility to perform transactions.
The rates for each license are specified on the pricing page. The applicable rates are those in force at the date of registration. They do not include VAT.
Limit on the number of requests
Each offer has a number of requests included. To know:
- Lyko Free: 5,000 requests
- Lyko Basic: 70,000 queries
- Lyko Essential : 120 00 requests
Any month started is due. In case of a change of offer during the month, the previous subscription is terminated, and a new subscription is taken out on the date. Each time the subscription is exceeded, the additional request will be charged at a rate of 0.01€/query. The User agrees not to put in place any means that would have the effect or purpose of misleading Lyko on the number of Queries.
Payment of the license
User’s license fees are shown in his dashboard and are based on the number of requests and the version of the Service purchased. At the beginning of each month, Customer must pay its fees when due and is responsible for providing complete and correct billing information to Lyko. If such fees are paid by credit card or other electronic means, Customer authorizes Lyko to charge such fees using the payment method selected by Customer. In the event of an overage, the Customer will be automatically charged 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 deduction or withholding, except as required by law, and neither of us shall assert any credit, set-off or counterclaim against the other to justify withholding payment of any 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 any future services that have been ordered by you or otherwise arranged with you.
Quality of the APIs
Availability rate
Outside of maintenance periods, Lyko agrees to implement effective controls to provide reasonable assurance that Customer can access and use the APIs in accordance with the terms of its Agreement.
According to the contract, Lyko guarantees an availability rate of :
- 00% on the Lyko Free offer, representing a maximum authorized downtime of 7 hours, 18 minutes and 17.4 seconds per month
- 90% on the Lyko Basic offer, representing a maximum authorized downtime of 43 minutes and 49.7 seconds per month
- 95% on the Lyko Essential offer representing a maximum allowed downtime of 21 minutes and 54.9 seconds per month
Time limits for interruption
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 pm (Paris time) until 6 am at the latest.
In case of interruption or suspension of services, Lyko undertakes to inform the User by email or via the Dashboard, as soon as possible. In case of technical or evolutionary maintenance, Lyko undertakes to inform the User by email or via the Dashboard, at least 15 days before the intervention.
Defects correction delays
Our customer service is at your disposal by mail or by phone. Any anomaly must be reported by email to help@lyko.tech or via the dashboard without delay. If a user reports an application failure (software bug), Lyko undertakes to investigate and check the causes of the malfunction within 48 working hours.
Lyko will inform the User of the outcome of its investigations and the likely timeframe for correction depending on the criticality of the problem. Lyko undertakes to make every effort to have the software failure corrected within 72 business hours.
However, some types of technical failures are undetectable by 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. Consequently, Lyko will not be held responsible for any possible unavailability or slowing down of the APIs. Therefore, Lyko shall not be liable for any unavailability or slowdown of the APIs or for the impact of such unavailability on the User’s activities.
In the case of a server crash, backups made every hour (with a history of 3 days) can be restored within 20 minutes to 2 hours.
Causes of major forces
Lyko shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our control. Such causes include, but are not limited to:
- a power failure
- an Internet service provider failure
- 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 continues for a period of 90 days, either of us may terminate or cancel the Services to be performed under these Terms and Conditions.
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.
Methods of calculating penalties :
The “downtime rate” is calculated monthly as follows:
Downtime rate = Downtime / Total theoretical time * 100
“Downtime” is the time during which the service was unavailable and Lyko’s infrastructure was involved. It does not include scheduled maintenance time or downtime due to force majeure.
The “total theoretical time” corresponds to the total period of the possible use of the service in the given month minus the scheduled maintenance times.
The User may claim compensation for a given month provided that he/she makes the request within thirty days of the last day of the reference month.
This allowance will be calculated based on the availability rate and billing for the reference month and will be paid in the form of a credit.
If the unavailability rate is between 0% and 0.2%, the User will not be entitled to any compensation.
If the rate of unavailability is between 0.21% and 0.5%, the User will be entitled to payment of a compensation corresponding to 3% of the amount of the invoice for the reference month.
If the rate of unavailability is between 0.51% and 1%, the User will be entitled to an indemnity corresponding to 8% of the amount of the invoice for the reference month.
If the rate of unavailability is between 1.01% and 1.5%, the User will be entitled to payment of a compensation corresponding to 13% of the amount of the invoice for the reference month.
If the rate of unavailability is higher than 1.5%, the Customer will be entitled to payment of an indemnity corresponding to 20% of the amount of the invoice for the reference month
Termination
These Terms take effect on the date User first accesses or uses the Services and will remain in effect until terminated by User or Lyko.
The User may terminate these Terms by simply closing his Lyko Account at any time by sending an email to hello@lyko.tech. The date of termination is the date of receipt of the email. In case of a re-use of Lyko or a re-opening of a Lyko Account, the User agrees again to the present Terms.
However, Lyko reserves the right to terminate a User’s account and use of the API without prior notice in the event that the User uses the API in a manner inconsistent with these Terms and Conditions, without the User being entitled to any compensation. Accordingly, Lyko shall not be liable to compensate, refund or indemnify the User for any use of the Services, termination or suspension of the Services or deletion of the User’s account information or data.
Finally, User shall still be obligated to pay to Lyko any Fees or fines owed, or to perform any other financial obligations that User has incurred itself or through its use of the Services prior to termination.
Obligations between user and mobility service providers/partners
In certain cases, the User is obliged to respect the prerogatives given by the Mobility Service Provider. By prerogative, this can concern for example, the addition of a mention ‘Service operated by XXXXX’ during the reservation. All these obligations are listed in the documentation.
Furthermore, the integration on an Application of certain Partner Mobility Service Providers cannot be carried out without its prior agreement. In this case, Lyko will notify the User by email of the decision of the Partner Mobility Service Provider. Until you have received a response from us, the User is obliged not to proceed with the integration. In case of non-compliance, Lyko has the right to suspend or terminate the User’s access to the application or even to his account.
Relationship between Lyko & 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 its own customer service. But also to know if a Transaction initiated by one of its End Customers is erroneous (e.g., an End Customer booking a service when it has the wrong schedule) or suspicious (e.g., unusual or significant purchases). If User is unsure whether a Transaction is erroneous or suspicious, User should research the Transaction and, if necessary, contact its Customer before validating or completing the Transaction. The User is solely responsible for any loss he/she may suffer as a result of erroneous or fraudulent Transactions in connection with the use of the Services.
Furthermore, being an intermediary, Lyko is not responsible for poor performance due to the service provided by the Mobility Service Providers integrated in the Lyko API. Therefore, we are not responsible 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; business interruption; or, other third party claims; or
- any delay or 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 breach or default by you; or
- any loss arising directly or indirectly from your selection of the Services and the manner in which they will meet your needs or your use of the Services or any goods provided in connection with the Services.
Thus, in case of disputes, the User will not be able to turn to Lyko but to the partner transport provider. The latter is held as the sole responsible for providing the best service to the end customer. But also all matters related to Transaction receipts, booking or payment of a mobility service, assistance, returns or refunds, and any other issues related to your products and services and business activities. If the Mobility Service Provider Partner needs further details about a reservation, he/she can contact Lyko’s Customer Service by e-mail at help@lyko.tech.
Lyko's intellectual property rights
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 its own customer service. But also to know if a Transaction initiated by one of its End Customers is erroneous (e.g., an End Customer booking a service when it has the wrong schedule) or suspicious (e.g., unusual or significant purchases). If User is unsure whether a Transaction is erroneous or suspicious, User should research the Transaction and, if necessary, contact its Customer before validating or completing the Transaction. The User is solely responsible for any loss he/she may suffer as a result of erroneous or fraudulent Transactions in connection with the use of the Services.
Furthermore, being an intermediary, Lyko is not responsible for poor performance due to the service provided by the Mobility Service Providers integrated in the Lyko API. Therefore, we are not responsible 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; business interruption; or, other third party claims; or
- any delay or 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 breach or default by you; or
- any loss arising directly or indirectly from your selection of the Services and the manner in which they will meet your needs or your use of the Services or any goods provided in connection with the Services.
Thus, in case of disputes, the User will not be able to turn to Lyko but to the partner transport provider. The latter is held as the sole responsible for providing the best service to the end customer. But also all matters related to Transaction receipts, booking or payment of a mobility service, assistance, returns or refunds, and any other issues related to your products and services and business activities. If the Mobility Service Provider Partner needs further details about a reservation, he/she can contact Lyko’s Customer Service by e-mail at help@lyko.tech.
Law and jurisdiction
These Terms are governed by French law, to the exclusion of all other laws. All disputes arising from these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the French courts.
For more information
If you have any questions about these Terms, please contact us at hello@lyko.tech.