Terms of Service — myJikita
Draft — last updated: September 2026
This is a working outline written from the application as built, to give counsel a starting point. It has not been reviewed or approved, and it is not currently binding on anyone. Every section below needs legal drafting, particularly liability, and the limits described in section 4 must survive that drafting intact — they are the honest description of what the product can and cannot do.
1. Who provides the service
myJikita is provided by DATALPS, a French société par actions simplifiée (SAS).
| Registered office | 6 C chemin des Cavaliers, 73100 Tresserve, France |
| Share capital | €10,000 |
| Registration | 929 143 634 R.C.S. Chambéry |
| SIREN | 929 143 634 |
| SIRET (registered office) | 929 143 634 00012 |
| Intra-community VAT | FR17929143634 |
| Contact | contact@alpik.fr |
2. What the service is
A mobile application that lets you record your position during an outing, share it with contacts you choose, exchange messages with them, use offline maps and GPX routes, and work with Jikita tags.
3. Your account
- You need an Alpik account, and you must be able to provide accurate information for it — particularly your name, which is what your contacts and, potentially, a rescue team will see.
- You are responsible for your account credentials.
- One device may be actively tracking at a time. Signing in elsewhere offers to take over and signs the previous device out.
- You may not share your account, use it to impersonate anyone, or use it to track another person without their knowledge and agreement.
4. What the service is not — limits you must understand
This section is the important one, and it is written plainly on purpose.
myJikita is not an emergency service. Pressing SOS alerts the contacts you chose. It does not contact the emergency services, does not dispatch anyone, and does not guarantee that any person will respond. In an emergency, call the emergency services — 112 in Europe.
myJikita depends on things we do not control. Your phone's battery, its GPS reception, mobile network coverage, your phone's operating system and its power management, and the notification services operated by Apple and Google. Any of these can fail, and when they do the service cannot function.
Positions may be delayed, inaccurate, or absent. GPS accuracy varies with terrain. Positions recorded without network coverage are delivered only when coverage returns. A last known position may be significantly out of date.
A Jikita tag is not a satellite beacon. It requires a receiver within range — a nearby phone or a long-range receiving station. It does not provide global coverage.
Maps may be incomplete or out of date. Map data comes from OpenStreetMap contributors. Do not rely on it as the sole basis for a route decision.
You remain responsible for your own safety. The application is an aid. It does not assess conditions, does not judge whether a route is within your ability, and does not decide whether you need help. Your preparation, equipment, judgement and decisions in the field remain yours.
5. Acceptable use
You agree not to:
- Use the service to track a person without their knowledge and agreement.
- Send false alarms, or raise an SOS other than in a genuine situation.
- Interfere with the service, attempt to access other users' data, or attempt to submit falsified position or tag data.
- Reverse-engineer, resell or redistribute the service except as permitted by law.
False alarms are not a victimless prank: they put rescuers on a mountain.
6. Jikita tags
These terms apply to a Jikita tag in addition to the rest of this document.
Guarantee
A Jikita is covered for two years from delivery.
As a consumer you also have, by law and at no cost, the legal guarantee of conformity (C. consommation art. L217-3 and following) and the guarantee against hidden defects (C. civ. art. 1641 and following). Nothing here reduces them.
Firmware
A Jikita's firmware is updated by connecting the tag to a computer.
Updates needed to keep the tag working as described are provided free of charge. We will tell you when one is available; installing it is then up to you.
Support
We support a Jikita tag for at least five years from the date you buy it. "Support" means keeping it working as described, including the conformity and security updates covered above.
We will tell you before support for your tag ends. A safety device that has quietly stopped being maintained is worse than one you know the limits of.
Selling or giving away a tag
A tag is registered to one account at a time. Remove it from your account before you pass it on — see Pairing a Jikita. A tag passed on this way is a used device; the guarantee above runs from its original delivery, not from the day you hand it over.
7. Price and subscriptions
Today
myJikita is free to use. There is no subscription, no trial that turns into a payment, and nothing behind a paywall.
Paid options in future
We reserve the right to introduce paid features, options and subscription plans, and to set and change their prices. If and when we do, the following apply.
- Nothing costs you money without your explicit agreement. The price, what it covers and the billing period are shown to you before you buy, and a purchase is only made on your own confirmation.
- Purchases are made through the App Store or Google Play. The store's own payment, subscription and refund rules apply in addition to these terms, and refunds for store purchases are handled by the store rather than by us.
- A subscription can be cancelled at any time, from your App Store or Google Play account. Cancelling stops the next renewal; access continues to the end of the period already paid for.
- Price changes are announced in advance and never apply to a period you have already paid for. If you do not accept a new price, you can cancel before it takes effect.
- Your statutory rights are unaffected, including the right of withdrawal for distance contracts under French and EU consumer law.
What will not happen quietly
Adding a paid option does not, by itself, take away something you already have. If a feature that is free today ever becomes chargeable, we will say so clearly and in advance — it will not simply stop working.
What stays free
The safety-critical functions of myJikita will remain free of charge. These are:
- starting and sharing an outing, including position tracking and the alerts your contacts receive;
- SOS;
- being findable by a Jikita tag, including the relaying of tag sightings by other people's phones.
Any paid option will be for convenience above that line — for example shorter position intervals, more downloaded map areas, longer history, or additional tags.
Nobody's ability to raise the alarm, or to be found, will ever depend on whether they have paid us or on whether a subscription has lapsed.
This was written as a recommendation and has since been decided: yes. The clause above is the commitment. The argument for it is kept because it is the reason the clause must not be quietly weakened later.
It costs little commercially (the PRD's own candidate for monetisation is update frequency, which sits comfortably above that line) and it is worth a great deal otherwise. A paywall that can stand between somebody and calling for help is a reputational and liability problem long before it is a revenue one — and an expired subscription must never be the reason an SOS did not go out.
One thing to settle before the first paid feature ships: where the line sits in practice. "Sharing an outing stays free" is only meaningful if the free tier tracks at a usable interval, so the range that remains free needs naming — otherwise the commitment can be hollowed out one minute at a time without anyone formally breaking it.
The clauses above are deliberately mechanism-free so they hold whatever you build. Before the first paid feature ships, counsel needs to add:
- The actual plans, prices, billing periods and VAT treatment.
- The right of withdrawal. 14 days applies to distance contracts (C. consommation art. L221-18). For a digital service supplied immediately the consumer may waive it, but only with express prior consent and an acknowledgement that the right is lost (art. L221-28) — that wording has to be in the purchase flow, not only in these terms.
- Tacit renewal. French law requires the consumer to be reminded before an automatically renewing contract rolls over (art. L215-1 and following); check how that interacts with store-managed subscriptions.
- Who the counterparty is. For in-app purchases Apple and Google are generally the merchant of record, which changes who owes the withdrawal right and who handles refunds. Worth settling before the flow is built, not after.
- Whether paid plans are offered to consumers only, or to organisations too.
8. Availability and changes
We aim to keep the service available but do not guarantee uninterrupted operation. We may change, suspend or discontinue features, and will give reasonable notice of material changes where we can.
9. Your data
Covered by the Privacy Policy.
You keep the rights to the content you provide — your routes, your messages, your tracks. You grant us what we need to operate the service: to store that content, to show it to the contacts you chose, and to make it available to rescue services in an emergency as described in the Privacy Policy.
10. Ending it
You may stop using the service and delete your account at any time.
We may suspend or terminate an account that breaches these terms, or where required by law.
11. Liability
What we undertake
We undertake to provide the service with reasonable care and skill. This is an obligation of means, not of result. We do not and cannot guarantee that a position will be transmitted, that a notification will arrive, that a contact will see it, that anyone will react, or that a person will be found.
myJikita is an aid to decision-making and to searching, within the limits of the technology it relies on. It is not a safety device, not an emergency service, and not a substitute for judgement, training, experience or equipment. The limits in section 4 are part of what you accept when you use it.
Your own risk-taking
Carrying myJikita must not change what you judge to be safe. Deciding to go further, later, alone, or in worse conditions because you are being tracked is precisely the behaviour this application is not there to enable. Your preparation, your route, your turnaround decision and your equipment remain yours, and so do their consequences.
What we are not responsible for
- The decisions you make, before or during an outing.
- Failures outside our control: your phone's battery, its GPS reception, mobile network coverage, your phone's operating system and its power management, the notification services operated by Apple and Google, and the acts of any third party.
- What other people do — whether a contact you chose sees an alert, believes it, or acts on it, and how quickly.
- The conduct of the emergency services, who are independent of us.
- Use of the service contrary to section 5.
What we do not exclude
Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or wilful misconduct (dol ou faute lourde), or for anything else that cannot lawfully be excluded. If you are a consumer, your statutory rights are unaffected by this section.
Professional users
If you use the service in the course of a business or a profession, our total liability arising out of or in connection with the service, for all events occurring in any twelve-month period, is limited to the greater of:
- the total amount you have paid us for the service in the twelve months before the event giving rise to the claim; and
- €[amount to be set].
This limit does not apply to anything listed under What we do not exclude above.
This section does not apply to consumers. If you are a consumer, no cap applies to you; your position is governed by the rest of this section and by your statutory rights.
A blanket "we decline all responsibility" is not available here and must not be written. In a consumer contract a term excluding or reducing the right to compensation for the trader's failure to perform any of its obligations is on the irrebuttable black list (C. consommation art. R212-1, 6°) — it is void automatically, with no balancing test — and a clause that empties an essential obligation of its substance is deemed unwritten under C. civ. art. 1170. On a safety-adjacent product it is also the single clause most likely to attract DGCCRF attention and to cast doubt on the rest of the document.
The wording above pursues the same objective by the route that works: defining the scope of the obligation (an obligation of means, an aid rather than a safety device) rather than disclaiming liability for breaching it. Defining what you promise is effective; promising something and then disclaiming it is not.
To finish:
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The figure in the professional-users cap. It is drafted as the greater of amounts paid and a fixed sum, and the fixed sum is load-bearing rather than decorative. A cap limited to "what you paid for our solution" would be zero while the service is free — an exclusion wearing a cap's clothing. A French court can treat a clause that empties the debtor's essential obligation of its substance as unwritten (C. civ. art. 1170), so a zero cap risks being struck out altogether and leaving liability uncapped: the opposite of the intention. The figure should be set against the insurance cover DATALPS actually carries.
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No cap for consumers, and this must stay that way. A term limiting a consumer's right to compensation for the trader's failure to perform is on the same irrebuttable black list as an exclusion (C. consommation art. R212-1, 6°). Capping consumer liability at the price of a free product would be the clearest possible example of it.
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Jikita tags are sold, so they do have a price — but liability for a defective product causing death, personal injury or damage to property cannot be limited at all (C. civ. art. 1245 and following). A hardware-specific cap cannot reach those claims and should not be drafted as though it does.
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Whether faute de la victime (the user's own contributory fault) should be stated expressly, given the risk-taking paragraph above.
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Alignment with the insurance cover DATALPS carries for this activity.
12. Governing law, courts and mediation
Governing law
These terms, and any dispute arising out of them or out of your use of the service, are governed by French law. DATALPS is a French company and the service is operated from France.
If you are a consumer habitually resident in another country of the European Union, this choice of law does not deprive you of the protection of the mandatory consumer-protection rules of the country where you live.
Courts
If you are a business or a professional — including an organisation using the service in the course of its activity — the courts of Chambéry, France, have exclusive jurisdiction, including in summary proceedings, where there are several defendants, and for third-party claims.
If you are a consumer, the statutory rules apply and are not displaced by these terms. You may bring proceedings either before the courts of the place where you live or before the courts of DATALPS' registered office in Chambéry; DATALPS may bring proceedings against you only before the courts of the country where you live.
Consumer mediation
If you are a consumer, you may use free mediation before going to court.
Raise the matter with us first, in writing, at contact@alpik.fr. If our answer does not satisfy you, you may refer the dispute to our consumer mediator free of charge, within one year of your written complaint:
[Mediator name] [Postal address] [Website]
Using mediation is optional, and you keep the right to go to court.
French law obliges every trader contracting with consumers to designate a consumer mediator and to publish that mediator's name, postal address and website in its terms and on its site (C. consommation art. L612-1 and L616-1). The mediator must be one listed by the CECMC, and joining a scheme carries an annual fee.
There is no compliant way to ship consumer terms with this blank, and failing to designate one is itself an administrative offence, separate from any dispute. Budget for it and pick a scheme before launch.
Do not add a link to the European ODR platform. It was discontinued in July 2025 and terms that still point consumers at it are now sending them nowhere — worth double-checking as it is recent, but do not copy the old boilerplate from another site.
The instruction behind this section was that everyone should have to come to Chambéry. For business users, that is exactly what it now says. For consumers it cannot say that, and writing it anyway would be worse than leaving it out:
- A clause departing from the statutory rules of territorial jurisdiction is void unless agreed between merchants (C. proc. civ. art. 48).
- Under Brussels I bis (arts. 17 to 19), a consumer domiciled in the EU may only be sued in the courts of their own domicile. A jurisdiction agreement is binding on a consumer essentially only if it is entered into after the dispute has arisen.
- Such a clause in a consumer contract is a textbook unfair term, which regulators look for specifically. It would not be enforced, and its presence invites scrutiny of the rest of the document.
So the split version is not a watering-down of the instruction: it delivers Chambéry in every case where Chambéry is available, and avoids putting a void and adverse clause in front of a consumer regulator. Counsel should confirm the wording, and the professional-users clause must be presented conspicuously to be valid.