Terms and Conditions of Sale and Use

This English translation is provided for information only; the French version prevails (article 16.5).

Authoritative text: French version · French version in PDF

Version of 26 October 2026

Part I — General Terms and Conditions of Sale

Article 1 — Identity and contact details

Kotelys is published and sold by Lucas Bourdeau EI, a French sole trader (entrepreneur individuel) trading under the name Kotelys, hereinafter "the Publisher".

• Address: 12 allée Lucie Aubrac, 85430 Aubigny-Les Clouzeaux, France.
• SIREN: 131 599 581; SIRET: 131 599 581 00017.
• Registered with the French National Business Register (RNE) on 16 October 2026; commercial activity.
• Email: contact@kotelys.fr.
• Telephone: +33 6 24 56 61 02.
• EU VAT identification number: being assigned.

Article 2 — Customers, territory and contractual documents

2.1. Kotelys is intended exclusively for professionals subscribing for the purposes of their business, hereinafter the "Customer". It is not offered to consumers. Sales are open to professionals established in France or in another Member State of the European Union.

2.2. The Customer provides its business identity, its address, its SIREN number or foreign business identifier and, where applicable, its EU VAT identification number. It declares that it is ordering for its business and that it has authority to bind the company. The Publisher may request supporting documents if any information is inconsistent. An order from outside France does not require a French SIREN number.

2.3. If an order is placed by a consumer or relies on false business information, the Publisher may cancel it and refunds the sums received, without depriving the person concerned of any mandatory rights they would actually enjoy.

2.4. Before ordering, these Terms of Sale, the Terms of Use and their annex can be accessed and downloaded. The Customer accepts them together. They are also provided on request. Special terms expressly agreed in writing prevail over the general terms. The provisions of the annex on data protection prevail over any incompatible general provision concerning the processing it governs.

2.5. Business-to-business sales concluded exclusively at a distance do not carry a general fourteen-day right of withdrawal. Any mandatory rights that may apply to an off-premises contract, in particular under the conditions of article L221-3 of the French Consumer Code (Code de la consommation), remain reserved. The classification depends on the actual circumstances of the order.

2.6. Consumer mediation does not apply to disputes between professionals covered by these terms.

2.7. Orders falling under public procurement are concluded exclusively on the basis of an accepted quotation and special terms. The contract documents and applicable mandatory provisions prevail, in particular as regards term, renewal, invoicing, payment periods and interest, suspension, termination and dispute resolution. Invoicing uses Chorus Pro where the regulations so require. The automatic renewal and suspension provided for private subscriptions do not apply to these orders unless the procurement contract contains a compatible provision.

Article 3 — Software and licences

3.1. The subscription grants a right to use Kotelys, quantity take-off software for the construction industry installed locally under Windows. It does not transfer any ownership rights in the software. The contractual features are those described in the offer accepted when ordering.

3.2. A licence allows use on only one computer at a time. A subscription may include several licences, each with its own key. The Customer distributes the keys to its employees and to persons working on its behalf and under its responsibility. It may not make them available to a third-party business for that business's own purposes.

3.3. A licence may be moved after the previous computer has been released from within the software. Two activations on a new computer are allowed per calendar month; further changes are handled on request at contact@kotelys.fr. If the previous computer is lost, stolen or broken, the Publisher may release it on request, after checking the requester's rights.

3.4. The software requires 64-bit Windows 10 or Windows 11, in an edition and version still receiving Microsoft servicing applicable to the computer, and compliance with the prerequisites presented before ordering. A connection is required for activation and for renewing the validation of the editing features. These features may be used offline for seven days after a successful validation, within the limits of the rights in force. The read-only and export access described in article 10 remains available beyond that period.

3.5. The subscription includes the updates and new versions released for the subscribed software during its term, together with email support. The indicative response time is two working days, Monday to Friday excluding public holidays in mainland France. This is not a guaranteed resolution time.

Article 4 — Support and defects

4.1. The Publisher provides the agreed features and exercises reasonable care in diagnosing, supporting and correcting defects attributable to it. It may offer an update or a reasonable workaround. The Customer provides a description of the problem and the information reasonably necessary for the diagnosis.

4.2. The essential features are importing drawings, setting the scale, drawing and measuring objects, saving projects, and exporting to PDF and Excel.

4.3. If a defect attributable to the software prevents the use of an essential feature for thirty days from a sufficiently documented report, with no reasonable workaround, the Customer may terminate by email. The Publisher refunds the sums prepaid for the period after termination and the portion of the price corresponding to the established period during which that feature was unavailable. For the affected licences only, this portion is calculated pro rata to the period of unavailability within the invoiced period, without refunding the same period twice. These provisions do not deprive the Customer of its other legal remedies.

4.4. The Customer should preferably send anonymised projects. Projects received are treated as confidential, used exclusively for support and deleted no later than thirty days after the ticket is closed. A ticket to which the Customer does not respond may be closed after a reminder has remained unanswered for thirty days. Where the Publisher processes personal data on the Customer's behalf, the data processing annex applies.

4.5. The online services are not guaranteed to be continuously available. The Publisher takes reasonable steps to restore those under its control. An interruption does not prevent existing projects from being opened, viewed and exported. The remedies of article 4.3 also apply where an interruption attributable to the Publisher durably prevents the use of an essential feature.

4.6. If the Publisher withdraws an essential feature described at the time of ordering, it informs the Customer at least thirty days in advance. The Customer may terminate with effect from the withdrawal date and obtain a refund of the prepaid amount corresponding to the period after that date.

Article 5 — Trial and beta

5.1. The free trial lasts thirty days, with no means of payment required. It never turns automatically into a paid subscription. Its end date is shown when it is activated.

5.2. The trial is reserved for professional use. A new trial may be refused where the same email address or the same computer has already had a trial within the previous three years. Pseudonymised fingerprints allow this check, under the conditions of article 12.

5.3. The software displays the time remaining and reminders seven days and one day before the end of the trial; a reminder email is sent three days before it ends. At the end of the trial, the editing and saving features stop, but viewing and exporting remain available.

5.4. If the Customer orders during the trial, the contract is concluded upon acceptance of the order and the remaining trial days are kept. The paid period starts on the trial end date stated in the confirmation. The first card or SEPA debit takes place on that date; for payment by bank transfer, the invoice is issued on that date and is payable within thirty days. Until the paid period begins, the Customer may cancel free of charge from its customer area or by email.

5.5. Versions expressly designated as "beta" are free and may be used for sixty days from their build date and until 5 December 2026 at the latest; their expiry date is shown in the software. They may contain defects and are not covered by the time commitments of article 4.3. The trial and the beta carry no commitment as to availability or correction, without excluding any statutory liability that cannot be excluded. When they expire, viewing and exporting remain available in accordance with article 10.

Article 6 — Prices and taxes

6.1. The prices are €24.90 excluding VAT per month per licence, or €249 excluding VAT per year per licence, i.e. two months free compared with twelve monthly payments at the standard price. Prices are stated in euros excluding taxes.

6.2. VAT is charged at the statutory rate in force where the Publisher is liable for that tax on the transaction concerned. Where it benefits from the VAT exemption for small businesses (franchise en base), no VAT is charged and the invoice bears the statement "TVA non applicable, art. 293 B du CGI" (VAT not applicable, article 293 B of the French General Tax Code). The applicable tax regime and amount are shown before the order is confirmed and on the invoice. The fact that no VAT number has been assigned does not, in itself, determine the applicable regime.

6.3. For a Customer established in another Member State of the European Union, VAT is determined according to the Customer's tax status and the place-of-supply rules. Where the conditions for the reverse charge are met, the invoice is issued without French VAT and bears the statement "Autoliquidation" (reverse charge). The Customer provides the necessary information and supporting documents, in particular its EU VAT identification number where it has one. Other situations are examined before the order is confirmed.

6.4. Discount codes, reductions or free licences are subject to the conditions announced when they are offered: amount, duration, beneficiaries, number of uses and any rules on combining them.

6.5. A price change is announced by email at least thirty days before it applies. It applies from the first renewal occurring after that notice period; if the notice period is not met for the next upcoming renewal, it is postponed to the following one. It does not affect a period already committed. The Customer may refuse it by terminating before the date on which it applies, without any termination fee.

6.6. Changes in taxes imposed by regulations apply in accordance with their statutory entry-into-force rules and do not constitute an increase in the price excluding taxes decided by the Publisher.

Article 7 — Ordering, payment and invoicing

7.1. Orders are placed online with secure payment by card or SEPA direct debit via Stripe, or on the basis of an accepted quotation with payment by bank transfer according to the invoicing instructions. The Customer may check and correct its order before accepting it. The order is concluded when it is accepted and confirmed by the Publisher; quotations state their period of validity.

7.2. The Customer receives an email confirmation stating the plan, the number of licences, the price, the taxes, the dates of the first paid period and the payment terms. It states the version of the Terms of Sale, the Terms of Use and their annex that was accepted, with the link for downloading it; that version remains downloadable on the website. For payment by bank transfer, the quotation and the terms are accepted before activation and before the corresponding invoice is issued.

7.3. Payments and private subscriptions are managed via Stripe. Card and SEPA: each period is payable at its start, subject to article 5.4. The Customer authorises the recurring payments required for its subscription; SEPA direct debit is subject to a mandate. Pre-notifications of direct debits are sent in accordance with the terms and time limits of the accepted mandate. The Customer maintains a valid means of payment.

7.4. Bank transfer: each invoice is issued at the start of the period concerned and is payable within thirty days of its issue. Licences are activated as soon as the subscription is created or on the agreed date. The Customer uses the bank details and references shown on the invoice. A failure to pay is handled under article 8.

7.5. Invoices are issued in the name of Lucas Bourdeau EI — Kotelys, made available in the customer area and sent or transmitted through the applicable statutory channel. They state in particular the identity and address of the parties, a unique number, their date, the period and services invoiced, the number of licences, the unit price excluding VAT, any reductions, the taxes, the totals, the due date, the early-payment discount, the late-payment penalties and the recovery indemnity. The purchase order number is shown where a purchase order was issued beforehand by the buyer. The electronic invoicing obligations are applied in accordance with the timetable and statutory scope of the reform; sending a plain PDF does not replace them where another channel is required.

7.6. No discount is granted for early payment: "Escompte pour paiement anticipé : néant" (early-payment discount: none).

7.7. Adding a licence takes effect immediately after confirmation. For a paid period in progress, the price is calculated pro rata to the time remaining until the common renewal date of the subscription. The amount and the period covered are shown before confirmation. The licence is then invoiced at the standard price applicable to subsequent periods. A licence added during a trial with no paid period in progress is invoiced from the paid start date confirmed before validation.

7.8. Removing a licence takes effect at the end of its current subscription period. The key remains usable until then, subject to payment and to these terms. The Customer chooses the keys to be removed from its customer area; failing that, the most recently created keys are removed. The committed period remains payable, with no refund or credit note for a removal requested by the Customer alone.

7.9. A switch from monthly to annual billing may be requested at any time. The unused portion of the current month is deducted from the first annual price; the amount and the new renewal date are shown before confirmation. A switch from annual to monthly billing takes effect at the end of the committed annual period, with no discretionary refund of the year already begun.

7.10. The subscription cannot be paused temporarily. The Customer may remove licences or terminate with effect from the end of the period.

7.11. An ordering error concerning the plan or the number of licences, reported by email within forty-eight hours of the order or of the first debit where that debit follows a trial, is corrected and the sums overpaid are refunded in full. The refund is made using the original means of payment, unless this is technically impossible and another means is agreed at no cost to the Customer.

7.12. The restrictions on discretionary refunds do not prevent the refunds provided for in the event of a defect, a discontinuation of service, the withdrawal of an essential feature, an ordering error, or under a mandatory provision. Refunds due are made within fourteen days of their amount being determined and of receipt of the necessary information.

Article 8 — Late payment

8.1. A failed or unpaid payment gives rise to a reminder by email. No specific fee is charged to the Customer for a rejected card payment or direct debit.

8.2. In the event of non-payment, the Publisher sends a written warning stating the sum due, the due date and the date on which suspension is envisaged. The licences concerned may be switched to read-only mode no earlier than fourteen days after the due date and seven days after receipt of that warning. The suspension applies to the editing and saving features; projects remain viewable and exportable. The features are restored once the payment settling the arrears has been received.

8.3. From the day after the due date, without any reminder being necessary, unpaid sums bear late-payment penalties at an annual rate equal to three times the statutory interest rate applicable to claims of professionals. They are calculated on the amount still due including VAT, pro rata to the number of days late. A fixed indemnity of €40 per late invoice is also due. Where the recovery costs incurred exceed that amount, additional compensation may be claimed on presentation of evidence, subject to the statutory exclusions, in particular in insolvency proceedings.

8.4. The period before technical suspension does not defer the due date of the sums, penalties and indemnities. The Publisher favours an amicable settlement and may expressly waive these ancillary amounts. One-off forbearance does not constitute a waiver for the future.

8.5. After sixty days of non-payment, the Publisher may serve the Customer with formal notice to pay within fifteen days of receipt of that notice. The notice expressly refers to this termination clause. If the arrears are not settled within that period, the Publisher may give notice of termination of the subscription concerned. The mandatory rules of insolvency proceedings remain reserved.

Article 9 — Term, renewal, termination and discontinuation

9.1. The paid period is one month or one year depending on the plan chosen, starting on the date stated in the confirmation. It renews automatically for the same duration until terminated. The date and amount of the annual renewal are notified by email at least thirty days in advance.

9.2. The Customer may terminate at any time from its customer area or by email to contact@kotelys.fr. A request received before the renewal prevents it. Termination takes effect at the end of the committed period; the features remain accessible until that date, subject to payment. This termination for convenience does not entitle the Customer to a refund of the period already begun. During the trial, article 5.4 applies.

9.3. For a serious breach of the licence obligations, in particular circumventing protection, unauthorised sharing of keys or resale, the Publisher may terminate after a formal notice describing the breach, expressly referring to this termination clause and remaining without effect for fifteen days after its receipt. In the event of established fraud requiring immediate action, a proportionate suspension may be applied without waiting, with reasoned information given to the Customer as soon as possible. Termination for non-payment is governed exclusively by article 8.5. The rights of rescission provided by law remain reserved.

9.4. A change of address, company name or SIRET number without any change in the contracting party does not end the subscription; the Customer updates its information. A transfer to another business is considered on written request and formalised with the agreement of the parties concerned, without prejudice to transfers required by law.

9.5. If the service is permanently discontinued, the Publisher informs Customers at least three months in advance, disables renewals and refunds all prepaid sums corresponding to the period after discontinuation, whatever the plan. Before the licensing services are shut down, it makes available a read-only version allowing projects to be opened, displayed and exported without activation or connection. That version remains downloadable for at least three years after discontinuation. A downloaded copy remains usable without time limit as long as it works in its compatible environment; no adaptation to future Windows systems is promised.

Article 10 — Projects, backups and access after expiry

10.1. The Customer retains its rights in its projects, drawings, data and exports, subject to third-party rights in the items it imports. Project files and their resources are saved on its computers or servers. The Publisher does not encrypt them or tie them to a licence.

10.2. At the end of the trial, the beta, a subscription or a removed licence, as in the event of suspension, existing projects can still be opened, viewed and exported without a connection and without an active licence. Only the editing and saving features are disabled. This right to view and export is maintained without time limit as long as the software version works in the compatible environment in which it is used. It does not entail any maintenance commitment for future operating systems.

10.3. New versions open projects saved by earlier versions, either directly or using a conversion tool provided by the Publisher. A conversion does not alter the original files.

10.4. No project is automatically sent to the Publisher. A project is only provided to it on the Customer's initiative for support. The Publisher does not host projects and cannot return those it has not received. Data recovery relies on the local files and their exports.

10.5. The Customer organises appropriate, regular backups that are independent of its workstation. The automatic local copies offered by Kotelys do not replace those backups. This obligation does not release the Publisher from liability for damage attributable to a defect in its software.

Article 11 — Liability

11.1. Kotelys is a tool that assists with quantity take-off. The results depend on the imported drawings, the scale, the settings and the objects drawn by the user. The Customer, as a quantity take-off professional, checks the consistency of its results at each step (scale, objects drawn, quantities, exports) and before any use: costing, quotation, order or execution of works. It remains the sole judge of the quantities it adopts.

11.2. Should the Publisher's liability be established, in particular following litigation, the total amount of compensation payable for a single event and its consequences is limited to the amount excluding VAT paid by the Customer for the subscription during the twelve months preceding that event, with a minimum of €1,000, including during the trial or the beta.

Article 12 — Personal data

12.1. Lucas Bourdeau EI is the controller of the processing required for the business relationship, trials, invoicing, licence management, security and the administrative handling of support requests. The contact for this processing is contact@kotelys.fr, at the postal address given in article 1.

12.2. The data may include identity and business contact details, the company and its identifiers, billing addresses, order and payment information, licence keys, the Stripe customer identifier, computer fingerprints, computer names and technical connection data. Full payment card data are processed by Stripe and are not stored by the Publisher; the Publisher may receive the references and limited information needed to track the payment.

12.3. The legal bases are the performance of the contract or of pre-contractual measures where the data subject is themselves a contracting party, legal obligations for invoicing and tax obligations, and legitimate interest for managing business contacts, security, preventing trial abuse and defending rights. Legitimate interests are assessed for necessity and proportionality. Optional processing subject to consent is only activated once consent has been obtained; that consent may be withdrawn.

12.4. The data required for ordering, invoicing or licence validation are mandatory for the corresponding operations. Failure to provide them may prevent the service from being supplied. Projects are not needed for ordering; they are only provided for support where useful and on the Customer's initiative.

12.5. The main recipients and service providers are:

12.6. The Publisher contractually binds the service providers acting on its behalf in accordance with article 28 of the GDPR. The DPAs of Stripe and Keygen are incorporated into their applicable agreements. Some service providers process data outside the European Economic Area, in particular in the United States. Depending on the recipient and the processing, transfers are governed by an applicable adequacy decision or by the European Commission's standard contractual clauses and the necessary supplementary measures. Transfers to Keygen rely on those clauses. Information on the safeguards and on how to obtain a copy is available on request at contact@kotelys.fr, subject to the protection of confidential information. The existence of a DPA does not override the requirements specific to transfers.

12.7. Operational account and licence data are kept for the duration of the contractual relationship, then deleted or placed in restricted archiving according to their usefulness and applicable obligations. Items needed to prove the contract and defend rights may be archived for five years after the end of the contract, unless there is a dispute or a different statutory period. Invoices are kept for ten years from the close of the financial year concerned.

12.8. Pseudonymised trial fingerprints are kept for no more than three years to prevent abusive repetition of trials. The email address used in clear for the trial is deleted from the trial-specific system seven days after the trial ends; in the event of a purchase, its use for the paid contract continues. Copies and logs are subject to deletion or restriction measures appropriate to their own purposes and obligations.

12.9. Support projects are deleted under the conditions of article 4.4 and the annex. Administrative exchanges strictly necessary to prove the service or defend rights may be archived separately, without systematic retention of projects.

12.10. Subject to the conditions of the GDPR, data subjects have rights of access, rectification, erasure, restriction, portability and objection, in particular to processing based on legitimate interest. They may write to contact@kotelys.fr and lodge a complaint with the CNIL, the French data protection authority, www.cnil.fr. A request may require proportionate verification of identity. The website's privacy policy supplements the information on the processing and trackers actually used. Accepting the contract does not constitute consent to direct marketing or to optional trackers.

Article 13 — Intellectual property

13.1. Subject to third-party rights, Lucas Bourdeau holds the rights in Kotelys, its code, its documentation and its graphic elements. An application to register the trade mark KOTELYS has been filed with the INPI, the French National Institute of Industrial Property, under number 5303588.

13.2. The Customer receives only the rights of use described in these terms. Third-party components, in particular open-source components, remain subject to their own licences; no provision reduces the rights granted by those licences. The applicable notices are available in the software or with its distribution.

Article 14 — Force majeure

A party is not liable for a failure to perform resulting from an event meeting the conditions of article 1218 of the French Civil Code. It informs the other party as soon as possible and takes reasonable steps to limit the consequences. A failure of a service provider does not, in itself, constitute force majeure. The consequences of a temporary or permanent impediment follow the statutory rules, in particular as regards rescission and any restitution due.

Article 15 — Changes to the terms

15.1. The applicable version is the one accepted when ordering. Any change to the Terms of Sale or Terms of Use applicable to subscriptions in progress is notified by email at least thirty days before the renewal at which it is to take effect. If the notice is insufficient, its application is postponed to the following renewal. The committed period remains governed by the version previously accepted.

15.2. The Customer may refuse by terminating before the changes come into force, without any termination fee. If the Customer does not terminate, the new version governs the renewed period, unless the change legally requires express acceptance. A substantial change to the subject matter or economic balance of the contract requires express agreement; failing that, the Publisher does not impose it on the Customer.

15.3. Presenting new Terms of Use in the software cannot block the period already committed or the lasting read-only and export access. Changes of support sub-processors also follow the annex.

Article 16 — Governing law, disputes and evidence

16.1. The contract is governed by French law, subject to applicable mandatory provisions, in particular in cross-border relationships and public contracts.

16.2. In the event of a dispute, the parties seek an amicable solution for thirty days from a sufficiently detailed written complaint. This step does not prevent urgent or protective measures, summary proceedings, or the steps needed to preserve a right or prevent a time limit from expiring.

16.3. Failing agreement, the competent courts are determined in accordance with the applicable ordinary rules, including European rules or those of public contracts where the dispute falls under them. These terms do not impose the exclusive jurisdiction of any local court.

16.4. The Publisher keeps the version of the terms accepted, the acceptance event, its date and the order references. These items, the exchanges and the payment records may be produced as evidence, unless proven otherwise, without depriving the parties of the other admissible means of evidence.

16.5. The French version prevails; translations are provided for information only. An unenforceable clause does not affect the other provisions, subject to the statutory rules and the balance of the contract.

16.6. The Customer consents in advance to the written assignment of the contract to a company set up by Lucas Bourdeau to operate Kotelys, provided that all current commitments are taken over and the Customer's rights are maintained. The assignee's identity and contact details and the date of assignment are notified to the Customer by email. This clause does not release Lucas Bourdeau from obligations whose release requires the Customer's separate express consent under article 1216-1 of the French Civil Code. It does not, in itself, effect the assignment of intellectual property rights.

Part II — General Terms of Use

Article 1 — Purpose and authorised users

1.1. These Terms of Use govern the professional use of the Kotelys software. They are accepted together with the Terms of Sale before ordering or activating the trial, and are presented during installation or at first launch. The Customer informs the persons it authorises to use the software and ensures that they comply with them.

1.2. The Publisher grants the Customer a personal, non-exclusive right that is non-transferable save with consent or a transfer authorised by the contract or by law. Each licence authorises only one computer at a time, for the duration of the editing rights subscribed. The lasting right to view and export is separate and survives their expiry.

Article 2 — Permitted acts and prohibitions

2.1. The Customer may download, install and run the software and make the copies necessary for the authorised use, as well as the backup copy necessary to preserve that use. It may use the updates made available to it during its subscription and move a licence in accordance with the Terms of Sale.

2.2. Unless authorised by contract or by law, it is prohibited to resell, rent, lend or transfer the software or the keys, to share a licence for simultaneous use on several computers, to circumvent the licence protection or the limits of the trial and the beta, and to decompile or disassemble the software.

2.3. These restrictions are subject to the rights under article L122-6-1 of the French Intellectual Property Code, in particular the necessary backup copy, observing, studying or testing how the software works, and the acts necessary for interoperability under the statutory conditions. They do not limit the rights specific to third-party components. The Qt / PySide6 components distributed under the LGPL remain subject to that licence, under the conditions and with the notices accompanying their distribution.

Article 3 — Connection, licences and updates

3.1. Kotelys checks the editing rights with Keygen and receives a signed validation file valid for seven days, renewed when a connection is available. After seven days without validation, the editing and saving features require reconnection, provided the rights are still active. Existing projects can still be opened, viewed and exported without a connection and without an active licence.

3.2. To manage the licence and identify computers, the software communicates in particular the key, a fingerprint calculated from the computer and the computer's name. The fingerprint does not directly transmit the Windows identifier used to calculate it; it remains pseudonymised data. Connections also expose an IP address to the services contacted.

3.3. Kotelys may check for updates on GitHub at each start-up, then periodically. Automatic checking can be disabled in the preferences. The Customer remains responsible for maintaining a compatible environment and for installing the reasonably necessary fixes of which it is informed.

3.4. During the beta, a technical version signal may be sent no more than once a day: a pseudonymised random identifier, the software version, the build identifier, the language and the Windows version. It contains no name, no postal address and no project content. The IP address is technically necessary for the connection, even though it is not kept in the application signal; any infrastructure logs are subject to their own retention rules. This transmission can be disabled with the "Check at startup" option (« Chercher au démarrage » in the French interface). Optional processing requiring consent is only activated once consent has been obtained.

Article 4 — Projects and support

4.1. Projects are saved locally on the computer or server chosen by the Customer. No project content is automatically sent to the Publisher for licensing, updates or the beta signal.

4.2. The reporting feature prepares a technical log and, at the user's choice, a copy of the project. The user checks the content and decides whether to send it by email. Anonymised projects are preferred. The Terms of Sale and the annex govern their processing and deletion.

4.3. The user regularly backs up its files and keeps the source drawings. PDF and Excel exports make it possible to use the results in the corresponding formats; they do not necessarily replace all the editing possibilities of the native project.

Article 5 — Checking the results

Kotelys is a tool that assists with quantity take-off. The lengths, areas, quantities and drawings produced depend in particular on the imported drawings, the scale, the settings and the objects drawn; they may contain errors. It is the user's responsibility to check the consistency of its results at each step and before any professional use, in particular for costing, quotations, orders and the execution of works. The liability rules are those of article 11 of the Terms of Sale.

Article 6 — Expiry and lasting read-only access

At the end of the trial, the beta or the editing rights, or in the event of suspension, the user retains a right to open, view and export existing projects, without a connection and without an active licence. The user can no longer edit or save projects. Files are never locked by the licence. This right is exercised under the compatibility and duration conditions of article 10 of the Terms of Sale; permanent discontinuation of the service is governed by their article 9.5.

Article 7 — Changes and relationship with the Terms of Sale

The Terms of Use change in accordance with article 15 of the Terms of Sale. A new acceptance requested in the software does not remove the rights attached to the committed period or the lasting right to view and export. The commercial, liability, governing law and dispute resolution provisions are those of the Terms of Sale.

Annex — Processing of personal data received for support

Article 1 — Purpose, parties and scope

1.1. This annex constitutes the agreement provided for in article 28 of the GDPR where the Publisher processes personal data contained in a project or technical file in order to provide the support requested by the Customer.

1.2. The Customer, identified in the order and the ticket, acts as controller; Lucas Bourdeau EI, identified in article 1 of the Terms of Sale, acts as processor. If the Customer is itself a processor, it warrants that it has the necessary authorisation from its controller and passes on that controller's applicable instructions.

1.3. The annex does not cover processing specific to commercial management, invoicing, licences or administrative proof of the service, for which the roles are described in article 12 of the Terms of Sale.

Article 2 — Description of the processing and instructions

2.1. The sole subject matter and purpose of the processing is receiving, examining, reproducing defects, correcting and, where applicable, returning the items needed for support. The operations may include consultation, temporary storage, targeted extraction, testing a copy, modification necessary for the diagnosis, and erasure.

2.2. Depending on the content sent, the data subjects include in particular the Customer's employees and users, its customers, suppliers, contacts and parties involved on construction sites. The data are the names, business contact details, identifiers, job titles, project references, drawing information and technical logs present in the files strictly necessary for the ticket. Sensitive data, criminal-offence data or data of no use for the diagnosis must be removed before sending; any necessary processing of such data is subject to specific instructions and safeguards agreed in advance.

2.3. The processing lasts for the time needed for the ticket, plus the maximum deletion period of thirty days after it is closed. The ticket identifies the files, the categories actually concerned and any specific instruction. The support request and this annex constitute the initial documented instructions. The Customer may supplement them in writing; the Publisher promptly reports any instruction it considers contrary to data protection law and suspends the operation concerned while it is clarified.

2.4. The Publisher processes the data only on documented instructions, including with regard to transfers. If it is required by law to carry out other processing, it informs the Customer of that obligation beforehand, unless the law prohibits this on important grounds of public interest. It does not use projects for marketing, for training an artificial intelligence system or for any other purpose of its own.

Article 3 — Customer's obligations

The Customer determines the purposes and legal bases of the processing of its data, informs the data subjects, checks that disclosing the data is lawful and limits what it sends to the necessary items. It gives preference to anonymisation and keeps its originals. It provides lawful and precise instructions, responds to requests for clarification and may verify compliance with this annex. Its obligations do not reduce those of the Publisher.

Article 4 — Confidentiality and security

4.1. The Publisher limits access to persons authorised for support only, who are bound by a duty of confidentiality and informed of the data protection requirements.

4.2. It implements measures proportionate to the risks: individual access control and strong authentication where available, securing and updating workstations, encryption of communications where the services allow it and use of a secure channel if the data so require, protection of diagnostic copies, limitation of extractions, organised deletion and incident management procedures. Media containing projects are not freely shared and access is withdrawn when no longer needed.

4.3. It takes into account the state of the art, the costs, and the nature, scope, context and purposes of the processing, as well as the risks to individuals. It regularly assesses the effectiveness of the measures, adapts the protection if the risks change and provides the Customer with useful details on request.

Article 5 — Sub-processors and transfers

5.1. The Customer authorises the use of OVH SAS, France, for the hosting and email services needed for support. The terms of the service actually used must provide safeguards in accordance with article 28 of the GDPR. The other commercial service providers mentioned in the Terms of Sale are not, by that fact alone, authorised to receive project content.

5.2. The Publisher informs the Customer at least thirty days before adding or replacing a sub-processor likely to access support data, stating its task, identity, location and the relevant safeguards. The Customer may raise a reasoned objection on data protection grounds before the change takes effect. The parties seek a solution; if none is found, the data concerned are not entrusted to the new provider and the affected support arrangement may be discontinued, without prejudice to the Customer's other remedies.

5.3. Each sub-processor is bound in writing to protection obligations at least equivalent for the operations entrusted to it. The Publisher remains liable to the Customer for their performance.

5.4. No project content is transferred outside the European Economic Area for support without the Customer's documented instruction or authorisation and without a mechanism complying with Chapter V of the GDPR, together with the necessary assessment and supplementary measures. A mere general list of service providers does not constitute authorisation for such a transfer.

Article 6 — Assistance to the Customer and data breaches

6.1. Taking into account the nature of the processing and the information available, the Publisher assists the Customer through appropriate measures in responding to data subjects' requests to exercise their rights, complying with its security obligations, carrying out any necessary impact assessments and consulting the supervisory authority where required.

6.2. It promptly forwards to the Customer any requests from data subjects concerning the data entrusted to it and does not respond on the Customer's behalf without instructions, unless required by law.

6.3. It notifies the Customer of any breach involving the data entrusted to it as soon as possible after becoming aware of it, with the information available on its nature, the data and individuals affected, the likely consequences, the measures taken or proposed and the contact point. Missing information is supplied progressively without undue delay. It cooperates to contain the incident and document its follow-up. Unless required by law or instructed by the Customer, the Customer decides on notifications to the authority and to the data subjects.

Article 7 — Return and erasure

7.1. At the end of the support, the Customer may request the return or erasure of the data entrusted. If requested, the Publisher returns the items still in its possession, then deletes the files and their copies under its control no later than thirty days after the ticket is closed, including copies in email and diagnostic spaces. It arranges this deadline with its sub-processors and confirms completion on request.

7.2. If a legal obligation requires retention, the Publisher informs the Customer of its basis and duration, unless prohibited by law. The data concerned are isolated, protected and used solely for that obligation. The mere retention of the administrative exchanges needed to prove the service does not authorise the general retention of projects.

Article 8 — Documentation and audits

The Publisher makes available the information needed to demonstrate compliance with its obligations and allows audits, including inspections, carried out by the Customer or by an independent auditor appointed by it and bound by confidentiality. The arrangements are agreed with reasonable notice and are proportionate to the scope of the support, without preventing an urgent check justified by an incident or requested by an authority. The rights of other customers, security and protected secrets are preserved without preventing effective verification. The Publisher contributes to audits and remedies any established non-compliance. The confidentiality and protection obligations continue until the data entrusted have been completely erased.