General Terms and Conditions

1. Scope of the application

The following General Terms and Conditions (hereinafter also "GTC") of Skander MHADHBI EI (MILESTONE ONE), 16 rue Emile Baudot, 91120 Palaiseau, France (hereinafter also "Tikku" or "we") govern the use of the Tikku app (hereinafter also "app") and the contractual relationship between Tikku and you (hereinafter also "user" or "you"). Please note that certain services offered by us may be subject to other terms and conditions. We point out such further contractual conditions to you separately in each case. In the event of dissent, the provisions of such special contractual conditions shall prevail over these GTC, unless expressly provided otherwise. Please read these terms and conditions carefully before using our app. Access to the app is contingent on your acceptance of these terms and conditions.

The applicability of general terms and conditions of users or other contractual partners is excluded. Deviating, conflicting or supplementary terms and conditions of the user or other contractual partners shall only become part of the contract if and in as far as we have expressly agreed to their validity.

In addition, the provisions of the respective App Stores (Apple App Store, Google Play Store) ("App Store"), which the user has consented to with the provider of the App Store, shall apply.

Tikku provides the services according to these general terms and conditions only to users who are consumers within the meaning of Article L217-3 of the French Code de la consommation.

App blocking in Tikku is a self-imposed aid that helps you follow your own plan. It is not a security, parental control or safety feature and does not replace your own judgement. Section 3 describes how blocking works and what you accept when you use it.

2. Subject matter of the contract and scope of services

Tikku is an app that lets you plan your day and, for each task or focus session you choose, block the apps, app categories and websites that distract you while that task runs. Depending on your device and your subscription, the app includes in particular:

• a day planner with a timeline, tasks with or without a set time, a list for tasks with no date, repeating tasks, sub-tasks and ready-made routines;
• app blocking that is attached to a task or focus session and is enforced by the operating system while the task runs, even when the app is closed;
• a focus timer with a Live Activity, Dynamic Island and lock screen and home screen widgets;
• streaks and badges that reflect your completed tasks and focus sessions;
• a screen time report showing your own device usage, as provided by the operating system;
• a weekly report summarising the time you focused and the tasks you completed.

Blocking, the shield shown over blocked apps and the screen time report rely on Apple's Screen Time (Family Controls) frameworks. They are therefore available on iPhone and iPad only, on a supported version of iOS or iPadOS, and only after you have granted Tikku Screen Time authorization. All other features work without this authorization.

Free version and Tikku Pro

The core features of Tikku are available free of charge. Certain additional features ("Tikku Pro") require a paid subscription. The features included in Tikku Pro and the applicable prices are shown in the app before any purchase. Please refer to section 6 (Remuneration) for more information.

Tikku reserves the right to change, expand, or suspend certain services at any time, subject to section 14. Services you have already ordered are not affected by this. The current service description in the app at the time of registering or booking a chargeable service is decisive in each case.

If we collect, process and/or transmit your personal data within the scope of the app or the subscription-based part of the app, the contract or order you have entered with us also constitutes the basis for such collection and processing of personal data. You can find more information on the categories of data processed and the applicable legal bases in our privacy policy.

3. App blocking and Screen Time

How blocking works

To block apps, Tikku uses Apple's Screen Time frameworks (Family Controls, ManagedSettings and DeviceActivity). Tikku requests individual authorization for the device it is installed on. Tikku is not a parental control tool and cannot be used to manage, restrict or monitor another person's device.

When a task or focus session with blocking starts, the operating system raises a shield over the apps, categories and websites you selected, and removes it when the task ends. This works while Tikku is closed. The shield shows the name of the task you planned.

Your choices and your responsibility

You decide which apps, categories and websites are blocked, for which task or session, for how long, and how firm the blocking is. You are solely responsible for these choices. In particular, you should not block apps you may need for your safety, your health, your work or to reach other people during the period concerned. The operating system always allows emergency calls regardless of any block, but Tikku cannot guarantee access to any specific app while a block you configured is running.

Flexible mode and Strict mode

In Flexible mode, you can pause blocking for 1 to 15 minutes whenever you need it and end a run early a limited number of times per week. In Strict mode, you have one 15-minute exception per week and, while a strict run is active, you cannot change its times, its blocking selection or the task itself. The exact limits are shown in the app before you enable Strict mode. By enabling Strict mode you acknowledge and accept these limits. We are not able to lift a block remotely and will not do so on request. Every way out of a block is confirmed by holding a button for a few seconds so that it remains a deliberate decision.

You always retain control of your device. Whatever the mode, you can at any time revoke Tikku's Screen Time authorization in the Settings of your device or delete the app. Either action removes every block Tikku has set.

No guarantee of enforcement

Blocking depends on the operating system and on the Screen Time authorization remaining granted. We do not guarantee that a block will always start, remain active or end at the exact moment planned, or that it cannot be circumvented (for example by using another device, by changing the settings of your device or by using features of the operating system). Tikku is a tool that supports your own intentions; it is not a substitute for them.

Apple may change, restrict or withdraw the Screen Time frameworks at any time. Such changes may affect blocking, the shield or the screen time report and are outside our control.

4. Registration, conclusion of contract

We offer our services to all natural persons with full legal capacity. If you do not have full legal capacity when using our services or entering into this contract with us, you must be represented by your parents or legal guardians. By agreeing to these GTC, you confirm that you are acting either of legal age or with the consent of your parents or other legal representatives.

You must be at least 13 years old to create an account or to purchase a subscription. Below that age, your parent or guardian must agree to these GTC on your behalf.

Contracts you enter into are exclusively between you and Tikku. The booking of chargeable services comes about only with the explicit confirmation of an order placed by you. In this respect, our offers in the app only constitute referenced invitations to place orders that still require separate acceptance by Tikku.

The use of the app, however, requires that you agree to these terms and conditions for the entire use.

No account is required to use Tikku. All features, including blocking, work without signing in. You can optionally create an account by signing in with Apple or Google in order to back up your tasks and sync them across your devices.

5. Right of withdrawal

If you are a consumer, you may have a statutory right of withdrawal under applicable consumer protection laws. For purchases made through the Apple App Store or Google Play, subscriptions, cancellations and withdrawal requests are handled by the relevant App Store provider in accordance with its rules and procedures.

If you wish to cancel or withdraw from a subscription purchased through the Apple App Store or Google Play, you must follow the procedures provided by Apple or Google, depending on where you made the purchase. We do not receive your payment card details and cannot process store payments directly outside the mechanisms provided by the relevant App Store.

Nothing in these GTC limits any statutory consumer rights you may have under applicable law.

6. Remuneration

The core features of Tikku are free of charge. Tikku Pro is a paid subscription that unlocks additional features. The applicable prices and conditions can be found in the current price overview in the app and are always displayed before you make a purchase.

If you decide to subscribe to Tikku Pro, you may get an offer for a discounted introductory price for the first subscription period. This introductory price is only granted once per Apple App Store or Google Play Store account. For the subsequent subscription periods, the regular prices apply.

Your subscription may start with a free trial which allows you to access Tikku Pro for a limited period without payment. If you sign up for this offer and do not wish to continue, you must cancel the subscription at least 24 hours before the end of the trial period to avoid being charged for the subscription on the payment method registered with the App Store.

You pay us through the payment options of the respective App Store. The costs for booked chargeable services must be paid in advance and are due immediately after Tikku has accepted the order. The costs are only debited within the scope of the payment option of the respective App Store. If you have opted for a multi-month subscription plan, the respective amount will be debited periodically in advance for these time periods.

Streaks, badges and any other rewards shown in the app have no monetary value, cannot be exchanged or transferred and do not create any entitlement against Tikku.

7. Our relationship with you; obligations of the user

You are responsible for maintaining the hardware, operating system version and Internet access required to use our services, and for the settings of your device (including Screen Time, notification and Focus settings) on which certain features depend.

You may not take any illegal actions and/or violate any applicable laws while using the service, in particular:

• store, upload and/or transmit content that is harassing, offensive, harmful to minors or otherwise illegal;
• store, upload and/or transmit content that violates the rights of third parties, in particular copyrights, personal rights or other property rights;
• use the app to restrict, monitor or interfere with the device of another person without that person's knowledge and consent;
• use scraping or similar techniques to compile, use, republish or otherwise exploit content for any other purpose;
• use techniques or other automated services designed to misrepresent user activity, such as the use of bots, scripts, apps, plugins, extensions or other automated means to register accounts or otherwise act;
• circumvent or attempt to circumvent technical limitations of the app, including subscription checks;
• collect, store or transmit personal data about other users or third parties if those affected do not agree.

Tikku services may only be accessed using the app provided by Tikku. You may not exploit or examine Tikku's database using any other software.

8. Intellectual property rights and your rights of use

Our app and all related software, databases, graphics, user interfaces, designs, ready-made routines, badge artwork, shield texts, text content, designations, names and trademarks are protected by copyright, trademark and other proprietary rights. Skander MHADHBI EI (MILESTONE ONE) is the sole owner and beneficiary of all intellectual property rights in relation to you, except for components licensed from third parties under their respective terms.

Tikku grants you the non-exclusive and non-transferable right to use the app and the services offered therein (hereinafter "services") in accordance with these terms and other applicable provisions. The right of use expires at the end of the contract period and may be limited or revoked by Tikku where permitted under these GTC and applicable law. The user is not entitled (i) to make the app or their access available to third parties, in particular to rent, lend, reproduce, resell or otherwise distribute or pass it on; (ii) to use the app or the services to develop other services; (iii) to modify, translate, duplicate, decompile or examine the source code of the app, except as permitted by mandatory law; (iv) to remove, obscure or modify any legal notices, in particular with regard to intellectual property rights.

9. Hosting and user content

We allow you to use our services in accordance with these GTC and to enter tasks, notes, sub-tasks, routines, preset names and similar planning data into the app (hereinafter "content"). Tikku does not review, endorse, or claim ownership of such content, subject to the licence set forth below. If you sign in, you authorize us to store and host the content for you.

We use your content in accordance with the contract within the scope of our services. By submitting and/or uploading your content, you grant us the non-exclusive, unlimited in location, but revocable right to use the content in our app and our services in accordance with the contract, that is, in particular, to store and synchronize it across your devices and, if necessary, to process it technically. We do not use your content to train artificial intelligence systems. We do not share your content with third parties except as described in the privacy policy.

The apps, categories and websites you choose to block, and your screen time data, are not content within the meaning of this section. They are processed only on your device and are never transmitted to us. See our privacy policy for details.

You guarantee to us that you own or have sufficiently licensed all rights to the content and that the content and its use in connection with our services does not violate these GTC and applicable legal provisions and does not infringe any intellectual property rights or other rights of third parties.

Even if Tikku has no legal obligation to check the content of users, we reserve the right to block or delete content that contradicts legal regulations or these GTC. Further rights remain unaffected.

10. Confidentiality and data protection

Any collection and processing of personal data is carried out in strict compliance with the applicable legal provisions. For more information, please see our privacy policy. The collection and use of your personal data is based on the contract concluded between you and us and, where necessary, the consent obtained from you.

Tikku commits to treat all information available to it in connection with the use of the application as strictly confidential.

11. Warranty and availability

The app is subject to statutory liability for defects under French law.

We use reasonable efforts to keep the app available and functioning properly. However, we do not guarantee uninterrupted or error-free availability, and access may be temporarily limited due to maintenance, updates, technical issues, security measures or circumstances beyond our reasonable control.

Blocking, the shield and the screen time report depend on the operating system and on features provided by Apple. Widgets, Live Activities and notifications depend on the settings of your device (for example notification permissions and Focus modes) and may be delayed or not shown. We do not guarantee the accuracy of the screen time figures shown in the app, which are provided by the operating system.

Tikku may also restrict access where this is necessary to protect network operation, system integrity, the app, the software or stored data.

The app may not be available worldwide or on every platform. Availability may be restricted due to legal requirements in certain countries or due to platform capabilities.

We offer email support at contact@milestone-one.com. We try to answer as soon as possible but cannot guarantee a certain reaction time.

Tikku's liability according to section 12 remains unaffected.

12. Liability

In case of intent or gross negligence of Tikku, a legal representative or vicarious agent of Tikku, Tikku is liable according to the legal regulations. The same applies in the event of injury to life, body and health and in the event of liability under the French Code civil and other applicable mandatory law.

In case of material and financial damages caused by slight negligence by Tikku, a legal representative or vicarious agents of Tikku, Tikku is only liable in case of violation of an essential contractual obligation, and the amount is limited to the damage foreseeable and typical for the contract at the time of conclusion of the contract. Essential contractual obligations are those which are necessary for the proper execution of the contract and on whose compliance the contractual parties may regularly rely.

Within the limits set out above, Tikku is in particular not liable for the consequences of the blocking choices you make, including being unable to use an app during a block you configured (including in Strict mode), messages, calls or notifications from blocked apps that you did not see, missed tasks, appointments or deadlines, or a block that did not start, ended early or was circumvented.

Insofar as Tikku provides the free version of the app, trial access or any other service without charge, Tikku shall be liable in addition to its liability in accordance with the above sections only in the case of damage caused by gross negligence or intentionally.

The above exclusions and limitations of liability shall also apply with regard to the liability of Tikku's employees, workers, staff, representatives and vicarious agents, in particular in favor of these persons with regard to their personal liability.

Nothing in these terms excludes or limits any liability that cannot be excluded or limited under mandatory French law, including liability for personal injury or death caused by negligence and liability for fraud or fraudulent misrepresentation.

13. Duration and termination

The contract between Tikku and the user has an unlimited term. Temporary offers automatically expire at the end of the specified period. Subscriptions (e.g. subscriptions for 1, 3, 6 or 12 months) are automatically renewed for the same period if they are not cancelled at least 24 hours before expiry.

The free trial period starts on the day the user signs up for the free trial subscription. The free trial subscription becomes a paid subscription after the free trial period has expired, unless the user cancels the trial subscription at least 24 hours before the trial period expires. Upon cancellation of the trial subscription, the user immediately loses access to Tikku Pro, unless otherwise specified.

The parties can terminate free use of the app at any time. The parties can terminate paid subscriptions with a notice period of 24 hours until the end of the respective subscription period. The user can cancel the subscription within the settings of the smartphone:

• Description for Apple devices: https://support.apple.com/en-us/HT202039
• Description for Android devices: https://support.google.com/googleplay/answer/7018481

The right of premature extraordinary termination of both parties remains unaffected. In particular, we reserve the right to temporarily block access in the event of suspected misuse or breach of contract and to terminate the contract (where possible and reasonable after prior warning) in the event of justified suspicion.

Abusive behaviour or a breach of contract in relation to the use of the app may result in you being blocked from further use.

You can permanently delete your account from the in-app Settings at any time, which terminates your account-based use of the app and erases your account and all synced content from our servers. Deleting the app from your device removes every block Tikku has set and all data stored locally on that device.

14. Changes to the services and the GTC

Changes to services

We reserve the right to change, restrict and discontinue the services offered by us at any time unless this is unreasonable for the user. We also reserve the right to adapt or change the services if:

• the changes or adjustments are merely beneficial to users; or
• the changes or adjustments are necessary to bring the services into conformity with applicable law, in particular if the applicable legal framework changes or to comply with a court judgment or administrative decision; or
• the changes or adjustments are required by changes to the operating system or to the frameworks provided by Apple or Google on which the services depend; or
• the changes or adaptations have no significant influence on the functions of the services or are of a purely technical or organizational nature.

Changes to the GTC

We also reserve the right to change our terms and conditions at any time, unless this is unreasonable for the user. In case of a change to the terms and conditions, we will inform you about the changes inside the app or by email. If you do not object within a period of six weeks and open the app again, the amended GTC shall be deemed accepted with effect for the future and shall become an integral part of the contract at the time it takes effect. We will draw your attention to the effect of silence and the importance of the six-week period in the notice containing the changed conditions. Notwithstanding the foregoing, extensive changes to the GTC that affect the legal relationship between the parties and are equivalent to the conclusion of a new contract are only possible with your express consent.

We also reserve the right to adapt or amend the GTC insofar as:

• the changes or adjustments are merely beneficial to users; or
• the changes or adjustments are necessary to bring them into conformity with applicable law, in particular if the current legal situation changes, or to comply with a court ruling or an administrative decision; or
• the changes or adaptations have no significant influence on the functions of the services or are of a purely technical or organizational nature; or
• Tikku adds additional, completely new services or features, which require a description in the GTC, unless this would be disadvantageous for the current use relationship.

15. Other provisions

These GTC are governed by the laws of France. If you are a consumer residing in another country, this choice of law does not deprive you of the protection of any mandatory consumer protection provisions of the law of your country of habitual residence, where such provisions would apply under Article 6(2) of Regulation (EC) No 593/2008 (Rome I).

Any dispute arising out of or in connection with these GTC shall be brought before the courts having jurisdiction under applicable law, without prejudice to the rights of consumers to bring proceedings before the courts of their country of habitual residence where such rights apply.

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the remaining provisions of these General Terms and Conditions shall remain valid. In the event of such invalidity, the invalid provision shall be replaced by the statutory provision.

16. Apple-specific provisions

If you downloaded Tikku from the Apple App Store, the following additional terms apply, as required by Apple's Licensed Application End User License Agreement:

• these GTC are between you and Skander MHADHBI EI (MILESTONE ONE) only, not with Apple. Apple is not responsible for the app or its content;
• the licence granted to you in section 8 is limited to a non-transferable licence to use the app on any Apple-branded products that you own or control, in accordance with the Usage Rules set forth in the Apple Media Services Terms;
• in the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any, to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the app;
• we, not Apple, are solely responsible for addressing any claims relating to the app or your use of it, including product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation;
• we, not Apple, are responsible for addressing any third-party claim that the app or your use of it infringes that third party's intellectual property rights;
• Apple and its subsidiaries are third-party beneficiaries of these GTC and, upon your acceptance of them, will have the right to enforce these GTC against you as a third-party beneficiary.

17. Contact

You can contact us at any time by email to contact@milestone-one.com or by post:

Skander MHADHBI EI (MILESTONE ONE)
16 rue Emile Baudot, 91120 Palaiseau, France

Contact

For questions regarding these Terms, please contact:
contact@milestone-one.com