Preamble

These General Conditions of Use (hereinafter "CGU") apply to all the services offered by lacaisse.ma, registered trademark of APPLITE. They govern the relations between lacaisse.ma, its Clients and, where applicable, Third Parties, unless expressly waived in writing. They cancel and replace any previous agreement, oral or written, having the same purpose.

The current version of the T&Cs is accessible at any time on the site: https://macaisse.ma/

These General Conditions apply exclusively to professional Customers, natural or legal persons acting within the framework of their commercial activity. The services offered by lacaisse.ma are not intended for individuals.

Any creation of an account, activation of a service or use of the platform constitutes full, complete and unreserved acceptance of these T&Cs.

Purpose

This document defines the terms of access and use of the digital solutions offered by lacaisse.ma, including cash register systems, payment services and commercial management tools as well as the equipment marketed for the use of the solution.

Warning

You have just accessed the site https://macaisse.ma/ , published by the company APPLITE SARL. We invite you to carefully read these General Conditions, which constitute a contract defining the terms of use of the services and solutions offered by lacaisse.ma.

Any creation of an account, activation of a service or use of the platform constitutes full, complete and unreserved acceptance of these General Conditions. Consequently, access to the services is reserved for users who have accepted these conditions.

Art. 1. Definitions

• "lacaisse.ma" : registered trademark belonging to APPLITE SARL, a Moroccan company publishing and operating the lacaisse.ma platform, providing hardware and digital solutions for collection, payment and commercial management.
• "Customer" : Any natural or legal person using the services offered by lacaisse.ma for professional purposes.
• "User" : Any person authorized by the Client to access the platform.
• "Services" : All solutions offered by lacaisse.ma, including point-of-sale systems, payment services, online ordering, sales, inventory and customer management, and reporting.
• "Platform" : The software infrastructure accessible via lacaisse.ma and its associated applications.
• "Activation" : Operation of the Services for the Customer.
• "Commissioning" : The Services being made available for use after activation.
• "Data" : Any information processed via the platform, including commercial and personal data.
• "Third parties" : Any external entity that may be involved in the provision of the Services (hosters, technical partners, etc.).
• "lacaissepay" : Payment service offered by APPLITE SARL and integrated into lacaisse.ma, allowing the Customer to accept and manage electronic payments as part of their professional activity.

Art. 2. Lacaisse.ma services

Lacaisse.ma offers an all-in-one digital platform allowing professionals to manage their business through cash register, payment, online ordering and commercial management solutions.

The Services include in particular: collection and sales management, inventory and customer monitoring, reporting tools, payment solutions, secure data hosting, lacaissepay payment account.

Lacaisse.ma implements high technical standards to ensure the performance, reliability and availability of the platform.

Lacaisse.ma reserves the right to develop, modify or improve its Services at any time, in particular for technical, regulatory or functional reasons. The Customer acknowledges that certain functionalities may evolve without this constituting a contractual breach.

Art. 3. Maintenance and support

Lacaisse.ma ensures the maintenance of its platform and implements reasonable means to correct technical incidents falling under its responsibility.

Interventions are carried out during support hours. Any intervention requested by the Customer resulting from misuse, a configuration error or a malfunction external to the platform may be subject to invoicing.

Art. 4. Security

Lacaisse.ma implements technical and organizational measures intended to ensure the security of data and Services, in particular the encryption of exchanges and the protection of access.

The Customer acknowledges that no computer system can guarantee absolute security or operation free of any interruption.

lacaisse.ma reserves the right to update its security measures at any time to strengthen the protection of the platform and data.

Lacaisse.ma collects and processes personal data for the purposes of Customer management. This processing is the subject of a declaration to the National Commission for the Control of the Protection of Personal Data (CNDP) under the number: …

Art. 5. Use of third parties

For the execution of its Services, lacaisse.ma may use third-party service providers or partners.

In this case, lacaisse.ma ensures that these Third Parties respect the confidentiality and security obligations applicable to the Customer's data, in accordance with these General Conditions and the regulations in force.

Art. 6. Customer Obligations

Customer Identification

The Customer undertakes to provide accurate, complete and up-to-date information when registering on the lacaisse.ma platform. He is responsible for the accuracy of his commercial identity as well as the information appearing on the documents generated via the platform, in particular receipts and reports with tax value.

Tax obligations

The Customer remains solely responsible for compliance with its tax, accounting and legal obligations in connection with the Services. The Customer must regularly archive its data and documents. lacaisse.ma cannot be held liable for data loss resulting from an outage, an external failure or misuse of the system. lacaisse.ma is a payment collection and business management tool, not a tool for filing tax or accounting declarations.

Customer's IT facilities and environment

The Customer is responsible for his IT environment, including in particular the hardware, the Internet connection and the configuration of his internal network. It undertakes to maintain an installation compatible with the Services in order to ensure their proper functioning. lacaisse.ma cannot be held responsible in the event of a malfunction resulting from a network problem, electrical circuit, connection interruption or any external failure beyond its control.

Account access and credentials

The Customer is solely responsible for the confidentiality of his identifiers. Any use of the account, including by its employees, is deemed to be carried out under its responsibility. In the event of loss or suspicion of unauthorized access, the Customer undertakes to immediately inform lacaisse.ma.

System security

The Customer undertakes to regularly install the recommended updates and to only use software from official sources (App Store / Google Play). It takes all necessary measures to protect its system against computer risks.

Art. 7. Delivery and transport

Delivery of the equipment is ensured by a third-party carrier mandated by lacaisse.ma. lacaisse.ma does not deliver directly.

Delivery times are provided for information only and do not constitute a firm commitment. No delay may give rise to order cancellation, penalty or compensation.

The risks linked to transport, particularly in the event of loss, theft or damage to the equipment, are transferred to the Customer from the moment the equipment is handed over to the carrier.

The Customer is required to check the condition of the package and materials upon receipt and to report any anomaly within forty-eight (48) hours. lacaisse.ma may assist the Customer in their dealings with the carrier, without this assistance implying recognition of liability.

Art. 8. Hardware warranty

The warranty for equipment provided by lacaisse.ma is only applicable in the event of a malfunction not linked to misuse, shock, breakage, theft, burn, overvoltage or any deterioration resulting from an external cause.

No exchange or warranty can be accepted in the event of:

• Breakage/theft/burn/physical damage/mishandling.
• Quantity discrepancy or absence of accessories complementary to the equipment delivered.

The applicable warranty periods are as follows:

• Printer (all brands): 6 months - if it fails to print for a reason unrelated to misuse.
• iPad (new or refurbished): 6 months - if the device no longer turns on for a reason unrelated to breakage or impact.
• iPad charger: 1 month.
• Server: 6 months - in case of hardware failure.
• Barcode reader: 3 months - in case of scan failure.
• TP-Link router: 1 month - if it no longer turns on.

The following items do not benefit from any warranty:

• Cash drawer
• Wooden supports
• Cables (RJ45, HDMI or other accessories)

The guarantee does not under any circumstances cover operating losses, loss of turnover or any indirect damage. Any warranty request must be made in writing and the equipment must be returned for diagnosis. lacaisse.ma reserves the right to verify the conformity of the request before any exchange.

Art. 9. Supply of goods and retention of title

The material provided or made available remains the exclusive property of lacaisse.ma until full payment. The Customer undertakes to ensure its proper use and conservation and not to modify, transfer or lend it without written agreement. If the packaging is opened, no returns or exchanges will be accepted. As soon as it is put into service, the equipment is deemed accepted. No returns are possible unless there is a recognized defect. Any exceptional return must be made complete, in good condition and at the Customer's expense. Installation, configuration or travel costs are not refundable. In the event of non-payment, lacaisse.ma may demand the immediate return of the equipment. The Customer assumes all risks linked to its use (loss, theft, breakage). The material is exclusively intended for the use of lacaisse.ma services, unless otherwise authorized.

Art. 10. Complaints and warranty

On receiving the equipment at its premises, the Customer must check its condition, conformity and quantity against the lacaisse.ma shipping note. Delivery notes and invoices must be signed and stamped by the Customer. Unless written reservations are made within forty-eight (48) hours of receipt, the equipment is deemed compliant and definitively accepted.

Any defect or reservation must be reported in writing within a maximum of forty-eight (48) hours of receipt. Claims about a quantity discrepancy, a missing product or missing accessories for the delivered equipment must be made within the same period. After this period, the equipment is deemed compliant and accepted without reservation.

The equipment provided remains the property of lacaisse.ma until full payment of the agreed price, fees and taxes included. In the event of non-payment, lacaisse.ma reserves the right, after formal notice, to demand the immediate return of the equipment at the Customer's expense. The POS system warranty is only valid when interventions, repairs or manipulations are carried out by lacaisse.ma.

Any work carried out by an unauthorized third party immediately voids the warranty. Where equipment is found to be defective, the manufacturer's warranty applies. All other claims or demands are expressly excluded.

In particular, lacaisse.ma does not guarantee:

• The proper functioning of software provided by third-party publishers, which remain subject to their own licenses and conditions.
• The continuity of the Internet connection or telecommunications networks.
• Temporary disruptions linked to backup, restoration or maintenance operations.
• Loss, corruption or alteration of files resulting from force majeure.
• Unauthorized access to data resulting from a breach by the Customer of its security obligations.
• Log data, statistics or information generated by users of Customer's system.

Under no circumstances can lacaisse.ma be held responsible for operating losses, loss of turnover or indirect damage resulting from the use of the Services.

Art. 11. Responsibility for access and data

The Customer is solely responsible for the management, confidentiality and security of his access data (usernames, passwords, user rights and access profiles).

It is his responsibility to preserve his encryption keys and encryption data, as well as to implement all reasonable measures intended to prevent any unauthorized access to his account or his data.

The Customer is responsible for all actions carried out via his account, including those carried out by his employees, service providers or authorized users.

The Customer undertakes to immediately inform lacaisse.ma in the event of loss, compromise or fraudulent use of their identifiers.

The Client also remains responsible for the backup, conservation, accuracy and integrity of all data processed via the platform, in particular:

• log data;
• statistical data;
• information generated, entered or updated by users of its information system.

It is up to the Customer to regularly perform their own backups. Any manipulation, deletion or modification of configuration files, system parameters, commercial data or financial reports carried out by the Customer or by any third party under its responsibility is exclusively its responsibility. The Client guarantees that the data it processes via the platform is lawful, accurate and complies with applicable regulations, and undertakes to compensate lacaisse.ma for any consequences resulting from a breach of this obligation.

Art. 12. Prices and financial terms

The prices of lacaisse.ma Services, subscriptions and equipment are communicated to the Customer in a quote, contract or other commercial document.

Prices are inclusive of tax, unless otherwise indicated, and may be increased by delivery, installation, configuration or travel costs, where applicable.

lacaisse.ma reserves the right to change its prices at any time. The Customer will be informed of any price change, which will apply only upon renewal and to new subscriptions, unless required by law or regulation.

In the event of a change in taxes (notably VAT), lacaisse.ma may pass on these variations to the prices charged.

Unless otherwise provided, subscriptions are invoiced in advance and remain due for any period started. No refund may be required in the event of interruption or early termination at the Customer's initiative.

Art. 13. Billing and payment terms

General

The Customer must pay all invoiced amounts no later than the due date stated on the invoice. Unless otherwise agreed, invoices are payable in full without deferred payment or discount.

Any dispute relating to an invoice must be made in writing and justified within five (5) working days of receipt. This dispute does not in any way suspend the payment obligation. In the absence of a dispute within this period, the invoice is deemed to be accepted without reservation.

Late payment

If payment is not made by the due date, the Customer is automatically put on notice, without a prior reminder being necessary. lacaisse.ma reserves the right:

• To apply late payment penalties in accordance with current regulations;
• To charge administrative reminder fees set at 200 DH per reminder;
• To suspend all or part of the Services until full payment of the amounts due;
• To demand immediate payment of all amounts remaining due, including those not yet due.

Advance payment and guarantees

lacaisse.ma reserves the right to require advance payment, a security deposit or any other financial guarantee deemed necessary at any time. Deposits do not earn interest. lacaisse.ma may offset any unpaid claim against guarantees or deposits paid by the Customer.

Set-off

The Customer may not set off amounts owed to lacaisse.ma against any claims the Customer alleges it holds against lacaisse.ma.

Art. 14. Start-up, Termination and Suspension of Services

The Services take effect when activated and/or put into production by lacaisse.ma at the Customer's request, as confirmed by lacaisse.ma. From that confirmation, the Customer may use the platform and carry out live transactions. Activation may, with the Customer's agreement, include the creation of a lacaissepay account.

The subscription may be terminated in writing at the end of the initial period, subject to one (1) month's notice before the end of the current billing period. Any period started remains due.

Lacaisse.ma may terminate the contract without notice or compensation in the event of non-compliant use, fraud, a security breach, serious breach or non-payment of invoices, without prejudice to claims for damages.

The Customer may request the temporary suspension of his subscription subject to fifteen (15) days' written notice. The minimum duration is two (2) months, up to nine (9) months per year. Fees for suspension, reactivation or maintaining access to the back office may be applied.

In the event of non-payment, lacaisse.ma may immediately suspend the Services without notice. If the situation is not remedied within thirty (30) days, data may be backed up, transferred or deleted. Service is restored only after full payment of the amounts due and associated costs.

Art. 15. Data backup, return and destruction

The Client remains solely responsible for the content, accuracy, legality and management of the data it processes via the platform. It is the Customer's responsibility to make regular backups of their data.

lacaisse.ma implements reasonable technical backup measures, without this creating an obligation to retain data indefinitely.

Return of data

In the event of termination or end of contract, the Customer has a period of thirty (30) days from the effective date of termination to request the export or recovery of their data. The restitution can be made in a standard usable format. Technical fees may be charged in the event of a specific or complex request.

Data destruction

At the end of the aforementioned period, and unless otherwise legally required, lacaisse.ma may permanently delete the Customer's data, without the Customer being able to claim any compensation. The Customer acknowledges that the destruction of data may be irreversible.

Art. 16. Responsibility of lacaisse.ma

Lacaisse.ma undertakes to use technical and organizational measures consistent with professional standards to support the security, availability and performance of its Services. The Services are provided on a reasonable-efforts basis.

lacaisse.ma does not guarantee operation free from interruptions or technical errors, particularly where events are beyond its control, including networks, third-party services, cybersecurity incidents and force majeure.

lacaisse.ma cannot be held liable for any indirect damage, including in particular operating losses, loss of turnover or loss of data.

Except in cases of gross negligence or intentional misconduct, the total financial liability of lacaisse.ma is strictly limited to the total amount received from the Customer during the twelve (12) months preceding the event giving rise to liability.

lacaisse.ma reserves the right to temporarily interrupt the Services for maintenance, security or technical changes, without compensation.

Art. 17. Force majeure

No party can be held responsible for a failure resulting from a case of force majeure as recognized by Moroccan jurisprudence, including in particular strikes, natural disasters, health crises, administrative decisions, network failures, cyberattacks or supply interruptions.

During the duration of the event, obligations are suspended. If this exceeds thirty consecutive days, either party may terminate the contract automatically, without compensation.

Art. 18. Protection of personal data

Lacaisse.ma undertakes to process the personal data of its customers in accordance with the Moroccan legislation in force relating to the protection of personal data.

Role of the parties

The Customer acts as Data Controller for data collected through the platform. lacaisse.ma acts as Data Processor and processes data only to perform the Services, on the Customer's instructions.

Purposes of processing

lacaisse.ma collects, records and processes only the data strictly necessary for performance of the contract, customer relationship management, billing, improvement of the Services, and security of the systems and infrastructure.

Technical data

Non-personal data, such as technical logs, may be automatically collected and retained for security, maintenance and optimization purposes, in accordance with applicable regulations.

Data security

lacaisse.ma implements appropriate technical and organizational measures to protect the confidentiality, integrity and security of data. However, lacaisse.ma cannot guarantee absolute security against the risks inherent in using the Internet and computer systems.

Subcontractors and hosting

The Client accepts that lacaisse.ma may use technical subcontractors, in particular for cloud hosting, maintenance or assistance, including outside Moroccan territory. In this case, lacaisse.ma ensures that these service providers provide sufficient guarantees in terms of data protection.

Retention period

The data is kept for the entire duration of the contract. Upon termination, the Customer has thirty (30) days to request the return of their data. At the end of this period, and unless otherwise legally required, lacaisse.ma may delete them permanently.

Customer Rights

The Customer has a right of access, rectification and deletion of his data, which he can exercise by sending a written request to lacaisse.ma.

Processing authorization

The Customer expressly authorizes lacaisse.ma to process his data within the framework of these General Conditions in order to ensure optimal functioning of the Services.

Declaration to the CNDP

Under Law 09-08, you have the right to access, correct and object to the processing of your personal data. This processing has been authorized by the CNDP under no. …

Art. 19. Confidentiality

Lacaisse.ma undertakes to treat all information, commercial, technical or financial data of the Client as strictly confidential. Its employees are subject to a strict obligation of confidentiality. The data is protected by appropriate technical and organizational measures, and access to it is limited to the needs of support, maintenance or legal obligations, in a secure, supervised and temporary manner.

Information is used only to perform, secure and improve the Services and to meet legal obligations. It is neither sold nor used for commercial purposes without consent.

Sharing with third parties only occurs with authorization, legal obligation, secure subcontracting or in anonymized form. The Customer remains the owner of his data and responsible for their backup.

The information, software and know-how of lacaisse.ma are confidential and protected. Any unauthorized use or disclosure is prohibited.

Art. 20. Intellectual property

Lacaisse.ma grants the Client, for the duration of the contract, a personal, non-exclusive, non-assignable and non-transferable right to use the Services and the platform, solely within the framework of their professional activity and in accordance with these General Conditions.

All intellectual property rights relating to the Services, software, interfaces, databases, brands, logos, content, documentation, processes and know-how remain the exclusive property of lacaisse.ma or its licensors. This contract does not involve any transfer of intellectual property for the benefit of the Client.

The Client is prohibited in particular:

• To copy, reproduce, modify or adapt all or part of the Services.
• To carry out any reverse engineering, decompilation or attempt to access the source code.
• To transfer, rent or make the Services available to third parties.
• To use the elements of lacaisse.ma for purposes other than those provided for contractually.

The Customer must immediately inform lacaisse.ma of any infringement or counterfeiting of which it becomes aware. Any violation of intellectual property rights may result in immediate termination of the contract, without prejudice to legal proceedings.

Art. 21. Non-solicitation of employees

The Customer must not, directly or indirectly, solicit, recruit or engage any collaborator, employee, service provider or manager of lacaisse.ma or any company in its group without lacaisse.ma's prior written consent.

This prohibition applies for the entire duration of the contract and continues for a period of twelve (12) months following its termination, for any reason whatsoever.

In the event of violation of this clause, the Client undertakes to pay lacaisse.ma, as a penalty clause, a lump sum compensation equal to three (3) times the gross annual remuneration or fees received by the person concerned during the last twelve (12) months preceding their departure, without prejudice to lacaisse.ma's right to claim additional damages.

Art. 22. Waiver

The fact that one of the Parties has not required the application of any clause of these General Conditions, whether permanently or temporarily, can in no case be considered as a waiver of the rights of this party arising from said clause.

Art. 23. Modification of services and general conditions

Lacaisse.ma reserves the right to develop, modify or interrupt all or part of its Services, as well as to update these General Conditions at any time, in particular for technical, legal, regulatory or functional reasons.

Any substantial modification will be brought to the attention of the Customer by any appropriate means (website, email or notification). The new General Conditions come into force as soon as they are published on the lacaisse.ma website. Continued use of the Services after this publication constitutes full acceptance of said modifications.

In the event of a change in the tax scales or applicable taxes (notably VAT), lacaisse.ma is authorized to reflect these variations in its prices.

Art. 24. Transfer of rights and obligations

The Customer may not assign, transfer or delegate all or part of his rights or obligations resulting from these General Conditions, without the prior written consent of lacaisse.ma.

lacaisse.ma reserves the right to freely assign or transfer all or part of these General Terms and existing contracts to any company in its group or any third party as part of a restructuring, merger, business sale or asset transfer, without entitling the Customer to compensation.

Art. 25. Language and translations

These General Terms are written in French. If translated into one or more other languages, only the French version prevails in the event of a difference in interpretation or a dispute.

Art. 26. Payment methods

The Customer pays his or her orders and invoices using one of the payment methods made available by lacaisse.ma on the payment page.

The corresponding amount is debited from the time the order is confirmed or the Service is made available, depending on the payment method chosen.

Online payments are subject to secure processing by lacaisse.ma's partner electronic payment service providers.

lacaisse.ma reserves the right to refuse or suspend any transaction in the event of suspected fraud, a payment incident or incomplete information.

Any refusal or failure to pay results in the immediate suspension of access to the Services until complete regularization.

Bank charges or commissions linked to payment transactions remain the sole responsibility of the Customer.

Art. 27. Proof of bank card transactions

The data recorded by payment providers and lacaisse.ma systems constitute proof of transactions (date, amount, method of payment), unless proven otherwise. Electronic statements have probative value.

These Terms are governed by Moroccan law. In the event of a dispute, the parties will first seek an amicable settlement. Failing that, the courts where lacaisse.ma has its registered office have exclusive jurisdiction.