Terms of use

These terms of use govern access to and use of the site qasqad.com and of the Qasqad platform (together, the “Service”), published by KITTS.

By accessing the Service, you acknowledge having read these terms and accept them without reservation. If you do not accept them, you must refrain from using the Service.

1. Publisher of the Service

The Service is published by KITTS (trading as Qasqad), a French simplified joint-stock company whose registered office is at 10 avenue Jean-Baptiste Clément, 92100 Boulogne-Billancourt. Its registration, VAT number and publication director are set out in our legal notice, which prevails.

Contact: hello@qasqad.com

Referred to below as “KITTS”, “Qasqad” or “we”.

2. Definitions

• Client : the legal entity that has subscribed to the Service under a contract, a purchase order or a subscription.
• User : any natural person accessing the Service, whether an employee of the Client, a designated driver or a visitor to the site.
• Contract : the subscription contract concluded between KITTS and the Client, including its schedules and purchase orders, to which these terms are attached.
• Client Content : all data transmitted to the Service by the Client or its Users, in particular fleet, driver and offence data.

3. Purpose and description of the Service

Qasqad is a software-as-a-service platform for companies operating vehicle fleets. It automates the detection, driver designation, payment, monitoring and, where applicable, appeal of parking fines (FPS), traffic tickets and toll charges, together with the associated reporting and steering services.

Qasqad operates under a convention with the French national agency for automated offence processing (ANTAI) for the paperless receipt of parking fine notices and the paperless filing of driver designations.

Qasqad acts as a technical provider to the Client. Qasqad is neither a public body, nor an officer of the court, nor a law firm: the Service does not constitute legal advice and does not replace the decisions that remain the Client's alone to take on its cases.

4. Access to the Service and accounts

Access to the platform is reserved to Clients holding a valid subscription and to the Users they authorise. Certain public features of the site, such as the demo request or the eligibility check, are available without an account.

Each User is responsible for the confidentiality of their credentials and for any activity carried out from their account. Any unauthorised use must be reported to us without delay at hello@qasqad.com. The Client is responsible for managing its staff's permissions and for withdrawing access from people who have left.

The Service is available online 24 hours a day, subject to maintenance, updates and events of force majeure. Any availability and support commitments are those set out in the Contract.

5. Financial terms

The Service is provided for a fee. Prices, commitment period, invoicing arrangements and price revision terms are those set out in the Contract or in the purchase order signed by the Client.

Amounts, savings and estimates shown on the site are strictly indicative and do not constitute a contractual offer. Unless otherwise stipulated, prices are exclusive of tax and invoices are payable on receipt. Late payment automatically triggers the penalties and the fixed recovery indemnity provided for in articles L. 441-10 and D. 441-5 of the French commercial code, and may lead to suspension of the Service after a formal notice has gone unanswered.

Sums advanced or settled on the Client's behalf in respect of offences, fines or tolls are not a Qasqad service and are recharged to the euro, on the terms set out in the Contract.

6. Obligations of the Client and Users

The Client and its Users undertake to:

• provide accurate, complete and up-to-date information, in particular about its fleet, its drivers and its billing details;
• hold the rights and legal bases needed to transmit Client Content to Qasqad, and inform its drivers of the processing of their data;
• use the Service for its intended purpose, in accordance with these terms and with applicable regulation, in particular the French highway code on driver designation;
• refrain from accessing the Service fraudulently, disrupting its operation, extracting its content in bulk, decompiling it or circumventing its security measures;
• refrain from using the Service to conceal a driver's identity, produce an inaccurate designation or defeat a legal procedure.

The Client remains solely responsible for the decisions taken on its cases, in particular the choice to pay, to designate or to appeal, and for meeting the deadlines that apply to it.

7. Availability, changes and maintenance

KITTS uses reasonable endeavours to ensure the continuity and security of the Service. The Service may be interrupted for maintenance, preferably outside business hours, or where an incident affects a third party on which the Service depends.

Qasqad depends on systems operated by third parties, in particular ANTAI, local authorities and their providers, the motorway concession companies and the French public finances directorate. Unavailability, format changes, delays or refusals originating from those systems are not attributable to KITTS.

KITTS may change the Service at any time to improve its features or adapt it to regulation. Substantial changes that adversely affect subscribed features are notified to the Client within a reasonable period.

8. Intellectual property

The Service, the platform, its code, interfaces, databases, documentation, trade marks and graphic elements are the exclusive property of KITTS or of its partners, and are protected by intellectual property law.

KITTS grants the Client, for the term of the Contract, a personal, non-exclusive and non-transferable right to use the Service, strictly limited to its internal needs. Any reproduction, adaptation, extraction, distribution or provision to third parties, in whole or in part, without prior written authorisation, is prohibited.

The Client retains full ownership of Client Content. It grants KITTS the right to host, reproduce and process that content solely as needed to perform the Service. KITTS may use aggregated and anonymised statistics, which do not allow the Client or any natural person to be identified, for analysis and improvement of the Service.

9. Confidentiality

Each party undertakes to preserve the confidentiality of information received from the other under the Contract, to use it only for its performance and to restrict access to those who need to know. This undertaking remains in force for the term of the Contract and for five years after it ends.

10. Personal data

The processing of personal data carried out within the Service is described in our privacy policy, which forms an integral part of these terms.

Within the platform, KITTS acts as a processor for the Client within the meaning of article 28 GDPR for the fleet, driver and offence data entrusted to it, and as a controller for its own processing, in particular the management of the commercial relationship and the security of the Service.

11. Liability

KITTS is bound by an obligation of means in providing the Service. It cannot be held liable for:

• inaccurate, incomplete or late data transmitted by the Client or its Users;
• failure, unavailability or modification of the third-party systems needed to process offences;
• any surcharge, enforced recovery or loss of remedy resulting from a decision of the Client or from its inaction within the deadlines that apply to it;
• use of the Service that does not comply with these terms, or an event of force majeure within the meaning of article 1218 of the French civil code.

In any event, save for gross negligence or wilful misconduct, KITTS's liability is limited to direct damage and capped at the amount excluding tax actually paid by the Client over the twelve months preceding the triggering event. Indirect damage — loss of operations, turnover, customers or reputation — is excluded.

12. Term, suspension and termination

The term of the subscription and its renewal and termination conditions are those set out in the Contract. These terms apply throughout the use of the Service.

KITTS may suspend access to the Service, after a formal notice has gone unanswered for fifteen days, where the Client fails to meet its obligations, in particular payment, or without notice in the event of manifestly fraudulent use or use that compromises the security of the platform.

At the end of the Contract, the Client has thirty days to request the return of its data in a structured and commonly used format. After that period, and subject to statutory retention obligations, the data is deleted.

13. Changes to these terms

KITTS may amend these terms, in particular to reflect legal, regulatory or technical developments. The applicable version is the one published on the site at the date of consultation. Substantial changes are brought to Clients' attention by any useful means before they take effect.

14. Governing law and jurisdiction

These terms are governed by French law. Failing an amicable resolution within thirty days of notification of the dispute, any dispute relating to their validity, interpretation or performance falls within the exclusive jurisdiction of the Nanterre commercial court, notwithstanding multiple defendants or third-party proceedings.

15. Contact

For any question about these terms, write to hello@qasqad.com or by post to KITTS, 10 avenue Jean-Baptiste Clément, 92100 Boulogne-Billancourt, France.