General Terms Of Use – End users

Mobility Work, a simplified joint-stock company with capital of 2.038.470 euros, whose head office is located at 44 rue de Lisbonne, 75008 Paris, and registered with the RCS of Paris under number 820 234 599, (hereafter «MOBILITY WORK «), edits and operates the Mobility Work Community-Based Maintenance Management application located at https://app.mobility-work.com (the «CMMS Application» or alternatively the «MOBILITY WORK Application» or the «Application «).

1. PURPOSE

The MOBILITY WORK Application allows MOBILITY WORK’s customers (the «Customers«) to manage their maintenance management. The Customer has access to the services of the Application as agreed between MOBILITY WORK and the Customer (the «Services«).

The Application allows the Customer’s authorized users (the «Users«), to use the Services subscribed by the Customer to plan, carry out and analyze their maintenance interventions.

The purpose of these User Terms and Conditions of Use (hereafter the «User T&Cs» or «T&Cs«) is to define the conditions under which Users use the Services.

In order to access the Services, the User must have been authorized by the Customer, according to the terms agreed between MOBILITY WORK and the Customer. It is understood that the User may be an employee, agent or representative of the Customer, a third party, or a member of a third-party entity, according to the terms and conditions hereof.

The User authorized by the Customer may use the Services under the conditions agreed between MOBILITY WORK and the Customer. If the User is part of a third-party company or entity, it is understood that this User acts under the authority, supervision and control of said company or entity. The Customer in any case has guaranteed to MOBILITY WORK by virtue of their contractual relationship to have all the rights and to have obtained all the agreements and authorizations necessary to empower the User, and that the User has all the rights and authorizations necessary to use the Services subscribed to by the Customer according to the conditions of the present.

The User expressly acknowledges that the Customer is solely responsible with regard to MOBILITY WORK for the processing of all data (the «Customer Data«) communicated by the Customer and its Users. It is understood that the Customer has granted the User all rights, authorizations and agreements necessary for the use of the Customer Data and the performance of the Services by the User. The User guarantees that the Customer has obtained from the User, and where applicable from the entity to which the User belongs, all the rights, authorizations and agreements necessary for the use of Customer Data and the performance of the Services by the User. In any event, it is recalled that MOBILITY WORK is not a party to the relationship between Customer and Users (or the entities to which they belong) using the Services.

Users may access the Application using any Internet browser and / or operating system. It is the Users responsibility to have Internet access and the necessary equipment to use the Services.

The Services are subject to evolution and MOBILITY WORK may offer additional or new services, which will be integrated into the Application, and which may, if applicable, be subject to additional, distinct or supplemental terms and conditions of use. In any case, the Services are subscribed by the Customer with MOBILITY WORK.

The operating mode of the Application as well as the terms and conditions that Users must comply with are specified below.

It is understood that registration, access to the Application and its use in any capacity whatsoever and on the day of the last connection implies full and unreserved acceptance of these T&Cs in their latest draft.

The Customer remains entirely responsible to MOBILITY WORK for the use of the Services and the Application by all its Users.

Should any part of these GTUs prove to be illegal, invalid, or unenforceable, for whatever reason, such part shall be deemed to be unwritten, without affecting the validity of the remaining provisions, which shall continue to apply.

The fact that MOBILITY WORK does not prevail at a given time of any of the stipulations of these T&Cs cannot be later interpreted as a waiver of its use.

2.             DEFINITIONS

«Customer»: refers to the entity having authorized the User to use the Services on the Application as agreed between the Customer and MOBILITY WORK.

«T&Cs» or «User T&Cs»: refers to these General Terms of Use relating to the use of the Application by the Users.

«Personal Data»: means within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (the “General Data Protection Regulation” or “GDPR”), any information relating to an identified or identifiable natural person; it being specified that an «identifiable natural person» within the meaning of the GDPR is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, data location, an online identifier, or one or more elements specific to their physical, physiological, genetic, psychological, economic, cultural or social identity.

«Customer Data»: refers to all information, documents, exchanges and any other content posted, communicated or provided by the Customer and / or Users on the Application.

«MOBILITY WORK«: simplified joint stock company with capital of 1,554,790 euros, whose head office is located at 44 rue de Lisbonne, 75008 Paris, and registered with the RCS of Paris under number 820 234 599, publisher of the Application.

«MOBILITY WORK Application» or «CMMS Application» or «Application»: refers to the MOBILITY WORK Application located at https://app.mobility-work.com and whose terms of use by Users are defined herein.

«Services»: refers to all the functionalities and services offered by MOBILITY WORK on the Application to Users, as agreed between the Customer and MOBILITY WORK.

«User»: refers to any person authorized by the Customer to use the Services in accordance with the provisions hereof, acting in a professional capacity. It is understood that the User may be an employee, agent or representative of the Customer or of an affiliated company within the meaning of Article L.233-3 of the French Commercial Code, or may be a third-party user or member of a third-party entity, in accordance with the terms and conditions herein.

3.             TERMS OF REGISTRATION AND ACCESS TO SERVICES

3.1. Declaration of the User

The User declares prior to any use of the Application:

•     To have all the rights and authorizations necessary to use the Services subscribed by the Customer; and
•   That they will only use the Application fairly and in good faith by complying with the T&Cs.

3.2. Conditions of access and use of the Application

All costs incurred by the User for access to the Application and use of the Services, and in particular the connection costs and the costs of acquiring or renewing computer equipment, shall be borne by the Customer or the User or where applicable by the entity to which he belongs, depending on the relationship between the Customer and the User or the said entity. The latter are solely responsible for the proper functioning of their computer equipment and their access to the Application. As such, MOBILITY WORK cannot be held responsible in case of damage to the User’s or Customer’s computer equipment by malicious software, or in case of interruption or failure of the Customer’s or User’s Internet connection.

3.3. Creation of a User account

In order to be able to use the Application, the User must register by completing the registration form and providing all the mandatory information below. This information is necessary for the use of the Services by the Customer and its Users and the fact that the User does not provide mandatory information will prevent his registration on the Application. The creation of the User’s personal account and his access to his personal space dedicated to interventions led by the Customer require acceptance of these T&Cs.

The User must provide for the creation of his account:

•       Last Name
•       First Name
•       Email address

The User may also register any additional information on his account as defined on the Application. It is understood that all the information requested or that can be provided is provided by the User and / or the Customer via the Services of the Application under the responsibility of the Customer. The list of information to be provided for the creation of the User’s account, access to his personal space, and use of the Services by the User, may be updated at any time according to the agreements concluded between the Customer and MOBILITY WORK.

The User must define a strong password for access to his personal space.

The User must:

1. a)     provide true, accurate, up-to-date and complete information regarding its information as requested during the registration process; and
2. b)     maintain and quickly update all information concerning them in order to keep them true, precise, up to date and complete.

3.4. General information

If the User provides false, inappropriate, obsolete or incomplete information, or if MOBILITY WORK has valid reasons to suspect that this information is false, inappropriate, obsolete or incomplete, it is understood by the Customer that MOBILITY WORK reserves the right to delete the account of the User and, if applicable, the Customer and to refuse any current or future use of the Services.

The temporary or permanent suspension of a User account prevents any use of the Services.

Not having the means to verify either the identity or the quality of the Users, MOBILITY WORK cannot be held responsible for identity theft in the event of fraudulent registration. In any case, any person who notices the theft of their identity during their connection must immediately contact the Customer, as well as MOBILITY WORK, at the following address: contact@mobility-work.com to allow MOBILITY WORK to carry out relevant investigations and actions.

Access to the User’s personal space is strictly personal and non-transferable. As such, any use of the User ID and password on the Application implies the presumption of the User’s connection to the Application. The User’s password must under no circumstances be shared or communicated to third parties. Under no circumstances can MOBILITY WORK be held responsible for the loss of a username and / or password. If the confidentiality of the User’s password is compromised, the User must immediately inform the Customer as well as MOBILITY WORK so that a new password can be issued. MOBILITY WORK is not responsible for the use of the User’s personal space until the Customer and / or the User directly has informed MOBILITY WORK of the risk of compromising confidentiality.

4.             MOBILITY WORK SERVICES

4.1. Application Services

The User authorized by the Customer may use the Services under the conditions agreed between MOBILITY WORK and the Customer.

The Services are intended for professional use. The use of the Services is determined by the Customer. The User uses the Services as part of his relationship with the Customer and to which MOBILITY WORK is not a party.

4.2. Additional Services and modification or deletion of Services

The Application and the Services are subject to change.

MOBILITY WORK may be required to offer additional services or new functionalities related to Services to the Customer and its Users, according to the conditions defined between the Customer and MOBILITY WORK. These may, where applicable, be subject to additional, separate or supplemental terms and conditions.

Similarly, MOBILITY WORK may modify or delete any Service or functionality according to the conditions defined between the Customer and MOBILITY WORK. In the event of deletion or modification of any Service or functionality, the Customer will inform the User according to the terms defined between the User and the Customer.

5.             DURATION – TERMINATION – CONSEQUENCES OF TERMINATION

5.1. Duration 

The terms and conditions of these T&Cs take effect on the date on which the User registers for the use of the Application and the Services subscribed by the Customer, and continues until its termination by the User or by MOBILITY WORK under the conditions hereof, and in any event the expiration or early termination of the contract concluded between the Customer and MOBILITY WORK (the «Term»).

5.2. Termination – Account deletion

MOBILITY WORK will have the option of terminating the User’s account or restricting or suspending access to all or part of the Services of the Application according to the terms hereof and the terms and conditions agreed between MOBILITY WORK and the Customer.

The User may delete his account by the means specified by MOBILITY WORK, and in any case by request addressed to MOBILITY WORK, subject to and in application of the conditions agreed between the Customer and MOBILITY WORK.

5.3. Consequences of deleting the User’s account

In the event of deletion of the User’s account, the user will be offered the possibility of replacing his first and last names by the mention “Anonymous User” as soon as the account is closed by the User, of deleting all his personal data.

In the event of termination of the contract between the Customer and MOBILITY WORK and the deletion of the User’s account, MOBILITY WORK proceeds to the deletion of the Personal Data of the User on the Application, processed by the Customer in his capacity as data controller, according to the terms and conditions agreed between the Customer and MOBILITY WORK.

In the case of the Customer’s subscription to the Audit Trail functionality, personal data may be kept by MOBILITY WORK as a subcontractor, at the Customer’s request. It is up to the User to contact the Customer.

6.     APPLICATION AVAILABILITY

The Application is in principle accessible 24/24h, 7/7d, except in case of an interruption, whether scheduled or not, for maintenance purposes or in case of force majeure, or because of malfunction, an impossibility of access, disturbances attributable to the access provider, as the case may be, of the User, of the entity to which they belong or of the Customer, to the congestion of the Internet network, and / or in general for any other reason external to MOBILITY WORK.

MOBILITY WORK cannot in any case be held responsible for any unavailability of the Application.

As far as possible, MOBILITY WORK will inform the Customer and the User in advance of the performance of maintenance or update operations, according to the conditions agreed between MOBILITY WORK and the Customer. The User is already waiving any responsibility for MOBILITY WORK for the functioning and operation of the Application and the Services.

Likewise, MOBILITY WORK cannot be held liable in the event of malfunction, inability to access, or poor conditions of use of the Application attributable to unsuitable material or equipment, to disturbances attributable to the access provider, depending on the case, of the User, of the entity to which they belong or of the Customer, to the congestion of the Internet network, and / or for any other reason foreign or external to MOBILITY WORK.

7.   PERSONAL DATA PROTECTION

7.1 Compliance with Applicable Regulations

MOBILITY WORK complies with all the rules in force relating to the protection of personal data (the «Personal Data») in application of the applicable regulations relating to the use and protection of personal data (the «Applicable Regulations»), and in particular at the date hereof of the provisions of Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the «GDPR» Regulation) and the Data Protection Act of January 6, 1978 (the «LIL»).

7.2 Processing of User’s Personal Data via the Application Services

MOBILITY WORK collects and uses Users’ Personal Data in order to provide them with the Services defined herein under the terms and conditions set out in the MOBILITY WORK Data Protection and Use Policy.

It is also recalled that within the framework of the agreements binding MOBILITY WORK and the Customer and the Services provided to the Customer and its Users by MOBILITY WORK, MOBILITY WORK may act under the terms of the Applicable Regulations as a subcontractor and the Customer as data controller. As such, MOBILITY WORK and the Customer enter into the applicable agreements and clauses according to the Applicable Regulations, relating in particular to the description of the processing that is the subject of the subcontracting, to the obligations of MOBILITY WORK in its capacity as subcontractor towards the Customer in his capacity as data controller, and to the Customer’s obligations with regard to MOBILITY WORK in these respective capacities.

In this context, the Customer informs its Users of the processing operations of their Personal Data at the time of their collection and more generally of the policy implemented by the Customer relating to the processing of Personal Data and in the context of the relationship between the Customer and the User, to which MOBILITY WORK is not a party. It is in any case up to the User to contact the Customer concerning the use of its Personal Data.

It is understood that MOBILITY WORK assists the Customer in fulfilling its obligation to comply requests for the exercise of the data subject’s rights:  right of access, rectification, erasure and opposition, right to limit the processing, right to data portability, or right not to be the subject of an automated individual decision (including profiling). When the persons concerned make requests to MOBILITY WORK in its capacity as subcontractor to exercise their rights, MOBILITY WORK will make these requests to the Customer.

8.   COPYRIGHT

The MOBILITY WORK Application, as well as all interfaces and applications developed by MOBILITY WORK to access MOBILITY WORK services, available and to come, on all present and future operating systems and platforms, as well as all elements relating to the MOBILITY WORK brand, including all present and future deposits, logos, designs, images, photographs, illustrations and all other elements and associated rights remain the exclusive property of MOBILITY WORK.

The Services and the Application are protected by laws in particular those relating to copyright and trademarks, and by other laws in force in France, in the European Union and in foreign countries. Nothing in these T&Cs can give the User the right to use the name of MOBILITY WORK, or the trademarks, logos, domain names and other distinctive attributes of MOBILITY WORK and / or MOBILITY WORK. All right, title and interest in the Services and / or in MOBILITY WORK is and will remain the exclusive property of MOBILITY WORK.

MOBILITY WORK has granted the Customer a personal, non-transferable and non-exclusive license authorizing the Customer and its Users to access and use the Application exclusively within the framework of the use of the Services under the terms agreed between MOBILITY WORK and the Customer and the conditions of use of these T&Cs.

The content (other than Customer Data and Personal Data of the Customer and Users) included or accessible on and / or through the Application, in particular any text, graphics, logo, name, brand, designation, tab, functionality, image, drawing, animation, sound, photograph, graphic, data, database, interfaces, web page model, source code and object, computer code, application, method, product, algorithm, invention, patent, trade secret and others contents, whether or not deposited and / or which may be deposited, and any work derived from the foregoing, remains the exclusive property of MOBILITY WORK. It is protected by intellectual property law and is subject to applicable laws and regulations.

These elements must under no circumstances be downloaded, copied, altered, modified, deleted, distributed, transmitted, broadcast, sold, rented, licensed or exploited (in whole or in part) in any way whatsoever, without the express and written consent of MOBILITY WORK. The User agrees not to use or exploit these elements for purposes other than those referred to in these T&Cs. In addition, except for imperative legal provisions, the User is not authorized to modify, improve, edit, translate, decompile, disassemble or create one or more derivative work (s) from the MOBILITY WORK Application (in all or part), or unless this possibility has been expressly granted to it by MOBILITY WORK or by the owners of these elements, under a separate agreement.

9.     LIABILITY

The User is required to:

•       Use the Application fairly and in good faith;
•       Not to use the Application for illicit purposes or for purposes whose object or effect is to cause prejudice or to infringe the rights of MOBILITY WORK or any third party.

It is recalled that MOBILITY WORK is not a party to the relations between the Customer and its Users and / or the third-party partner entities of the Customer to which Users authorized by the Customer may belong. It is also recalled that the Customer is responsible with regard to MOBILITY WORK for the use of the Services by its Users within the framework of the contractual relationship between the Customer and MOBILITY WORK.

MOBILITY WORK declines any responsibility for the results drawn from the use of the Services, and more generally of the MOBILITY WORK Application by the User.

MOBILITY WORK cannot be held liable towards the User for any indirect damage to the User and / or any third party caused by the User, which may result directly or indirectly from the use of the Services and the MOBILITY WORK Application. It is recalled that the Customer, as well as the User, hold MOBILITY WORK harmless from any claim in particular in the case of damage suffered or committed by the Customer and / or the User as a result of the use of the Services, of loss business opportunities or income related to the operation or lack of operation of the MOBILITY WORK Application.

MOBILITY WORK furthermore declines any responsibility towards the Customer, the User and any third party concerning in particular the use of the Services by the User. MOBILITY WORK cannot be held responsible towards the User or any third party for the User’s non-compliance with the T&Cs.

The User must comply with the rules for using the following Services:

• Use the Services exclusively for the purpose provided herein;
• Do not act dishonestly, posting inappropriate, deceptive or objectionable content;
• Not violate any imperative rule of confidentiality, in particular related to its sector of activity or with regard to confidentiality commitments to which it is subject
• Not to transfer or make the Services available to a third party;
• Not to provide any service using the MOBILITY WORK Services without the prior written consent of the Customer and MOBILITY WORK within the framework of the relationship between the Customer and MOBILITY WORK.

The User ensures that the storage and dissemination of published Customer Data does not constitute:

• a violation of the rights of third parties; and or
• a violation of the right to private life; and or
• an attack on public order and good morals.

The User is not authorized to:

• bypass the security features of the Application and the Services;
• disrupt the functioning of the Application and the Services or impose a disproportionate load on them (e.g. spam, denial of service attack, virus, game algorithm); and / or not to publish data in any form that contains viruses or any other dangerous code;
• reverse engineer, decompile, disassemble, decrypt or generally attempt to obtain the source code of the Application or any related technology, or part thereof, except where mandatory restrictive legal provisions apply;
• manipulate identifiers to disguise the origin of any publication or message transmitted through the Services;
• use any technique to simulate the appearance or operation of the Application;
• use software, devices, manual coding robots or automatons or other means to access, «break down», «analyze» or «index» the Services or any related data or information;

It is recalled that it is agreed between MOBILITY WORK and the Customer that the Customer is required to report any abuse that they may notice on the Application by:

• communicating, as soon as they become aware of it, any information relating to content presumed to be contrary to the legal provisions in force or in violation of the T&Cs;
• informing MOBILITY WORK of any complaint or action of a third party, in the same forms;
• responding as quickly as possible to any request for information from MOBILITY WORK.

10.   EVOLUTION OF SERVICES – CHANGES TO THE T&Cs

The Services and these T&Cs are subject to change. The Services are subject to evolution and MOBILITY WORK may offer additional or new services, which will be integrated into the Application, and which may, if applicable, be subject to additional, distinct or supplemental terms and conditions of use.

In the event of modification of these T&Cs, the Customer and the Users will be informed in advance, and in any event at least 15 days before their entry into force, and this via the Application, or by any other means, to give the opportunity to review changes before they take effect. Any use of the Services following the entry into force of modified or new T&Cs will require agreement to said T&Cs.

11.           EVIDENCE, CONSERVATION AND ARCHIVING

The computerized registers kept in the MOBILITY WORK systems in compliance with the rules in terms of security, will be considered as proof of communications. Archiving is carried out on a medium that ensures the faithful and durable nature required by the legal provisions in force.

12.           FORCE MAJEURE

Neither Party shall be held liable for damages, additional costs, or losses suffered by the other Party due to any default or delay in performance due to a situation of Force Majeure.

External, unforeseeable and irresistible events, in particular declared or undeclared war events, terrorism, general work strikes, riots, epidemics, pandemics, quarantine, fire, exceptional floods, accidents or other events beyond the control of the Parties.

The foregoing should not be considered as an exemption from the obligation to comply with the obligations provided for herein. As soon as the Force Majeure situation ends, the party unable to meet its obligations due to the occurrence of a Force Majeure must promptly fulfill its obligations hereunder.

13.           APPLICABLE LAW – JURISDICTION

These declarations are governed by French law.

In the event of a dispute relating to the conclusion, execution, interpretation or termination of these T&Cs, the Parties will make good faith efforts to find an amicable solution to said dispute.

In the absence of an amicable solution, exclusive jurisdiction is assigned to the competent courts of Paris.