Date of latest update: June 23, 2020.
The next generation maintenance management application Mobility Work, accessible in web and mobile versions at https://app.mobility-work.com as well as on iOS and Android (hereinafter the “Maintenance Management Application” or alternatively the “Application”), is published by Mobility Work, a simplified joint stock company with a share capital of 1,554,790 euros, whose registered office is located at 25 rue du Général Foy, 75008 Paris, and registered with the Paris Trade and Companies Register under number 820 234 599.
The Maintenance Management Application is a community-based and collaborative application edited by the company Mobility Work (hereafter “Mobility Work”) aiming in particular to facilitate the capture, sharing and analysis of information and to encourage collaborative work on maintenance interventions on all types of equipment in all sectors.
The purpose of the Application is to connect users from all over the world (whether or not from the same company or group), in order to facilitate and improve the planning, management and sharing of information on maintenance operations on any equipment. It is an integral part of the Mobility Work Platform (as defined below).
Mobility Work thus provides various online services (the “Services”) on the Application which are accessible according to the subscriptions taken out. The various Services and the corresponding subscription conditions are communicated by Mobility Work to the Client and are defined in particular on the Mobility Work Website at the following URL: https://mobility-work.com/pricing
Access to and use of the Application for any purpose whatsoever on the day of the last connection implies full and unreserved acceptance by the Client of these GTU and the Mobility Work Use and Data Protection Policy in their latest version, and the express exclusion of any other previous conditions or conditions such as the general terms and conditions of purchase that may have been established by the Client or any document issued by the Client.
In any event, in the event of any contradiction between the terms of the GTU and any general terms and conditions of purchase or any other general or special terms and conditions of the Client, the terms hereof shall prevail.
The Application is accessible on the Internet in SaaS mode. It is the Client’s responsibility to have Internet access and the equipment necessary for this access in order to use the Services. The Client and its Users may access the Application through the browsers and operating systems defined by Mobility Work.
The Client expressly acknowledges that it is solely responsible for the processing of all data transferred or communicated by it and its Authorised Users on the Application for the use of the Services (the “Content”, as defined below).
The Services are subject to change and Mobility Work may offer additional or new services, which will be integrated into the Application or the Mobility Work Platform, and which may be subject to additional, separate or supplementary terms and conditions of use.
The mode of operation of the Application as well as the terms and conditions that Clients and their Users must comply with are specified below.
The use of the Services expressly depends on the acceptance of all of the GTU, which the Client acknowledges having been communicated to him in a legible and comprehensible manner. If the Client is a legal entity, the applicant hereunder, who accepts these GTU in the name and on behalf of the Client, represents and warrants that it is authorized and has the capacity to bind the Client to these GTU.
It is understood that registration, access to and use of the Application in any capacity whatsoever and on the day of the last connection implies full and unreserved acceptance of these GTU and of the Mobility Work Use and Data Protection Policy as last drafted.
The Client undertakes to ensure that its Users comply with these Terms and Conditions. The Client remains fully liable to Mobility Work for the use of the Services and Application by all its Users.
If any part of the GTU should prove to be illegal, invalid or inapplicable, for any reason whatsoever, the stipulations in question shall be deemed to be unwritten, without calling into question the validity of the other stipulations, which shall continue to apply.
The fact that Mobility Work does not avail itself of any of the provisions of these GTU at a given time shall not be construed as a waiver of the right to avail itself of such provisions at a later date.
“Administrator”: means any person duly authorised by the Client to create a Network on the Application, to grant authorisations and rights of use to any User (i) whom it has invited to connect to the Application or (ii) who has requested its integration into the Network. He may view the data of the members of his Network.
“Maintenance Management Application” or “Application”: means the Mobility Work next generation maintenance management interface, the use of which is subject to these GTU, and accessible in Saas mode at https://app.mobility-work.com, through the browsers designated by Mobility Work and on a mobile application accessible on iOS and Android.
“Application Hub”: means the interface dedicated to the promotion of the Suppliers and the Products and Services of the Suppliers.
“Catalogue” or “Official Products and Services Catalogue” means the space that includes the Suppliers’ Products and Services. For the avoidance of doubt, it is expressly agreed that the Catalogue does not refer to all the spaces, products and/or services put online by the users of the Application Hub, offered or which may be offered by Mobility Work in the future on the Mobility Work Platform, in any form.
“Client”: means any natural person or legal entity that creates a Network on Mobility Work according to the terms and conditions herein, and acting in a professional capacity.
“Supplier”: means any manufacturer of machines/equipment or consumables, and/or supplier or distributor of machines/equipment or consumables, or service provider, whose product and/or service ranges are accessible on the Catalogue, and more generally any client of the Hub Application.
“Content”: means the information, documents, exchanges and any other information communicated or provided by the Client and/or its Users on the Mobility Work Platform, and containing in a non-exhaustive manner all photograph(s), text(s), multimedia(s), comments, planning, that a Client or User may publish on the Application in the Network(s) to which it is affiliated, or in the Catalogue.
“Public Content”: means the Content shared publicly under the terms hereof, and accessible outside the Network by all Users of the Application as well as by any Internet user.
“Private Content”: means the Content kept as private within the Client’s Network(s) and not accessible by Users outside the said Network(s).
“Personal Data” or “PD”: within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”), means any information relating to an identified or identifiable natural person; it being specified that an “identifiable natural person” within the meaning of the DPMR is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more elements specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
“Equipment”: means any equipment (industrial or otherwise) of any kind registered on the Application.
“Mobility Work Platform”: means the Mobilty Work platform which includes all interfaces, applications, URLs, and associated products and services developed and operated by Mobility Work, in any form and accessible on all media, platforms and/or operating systems, present or future, and including in particular the Website, the Maintenance Management Application and the Hub Application.
“Host”: Company specialized in hosting aimed at making the Application accessible on the Internet.
“Parties”: refers individually or collectively to the Client and/or Mobility Work.
“Service Provider”: means any User duly authorised by an Administrator through the allocation of a “service provider profile” (“Service Provider Profile”) to create or edit a task, to consult the details of the profiles of the members of its Network or to communicate with members of its Network.
Production”: means any User duly authorised by the Administrator through the assignment of a “production profile” (“Producer Profile”) to create or edit a task, to consult the details of the profiles of the members of its Network or to communicate with members of its Network, to see the news feed of its network or to communicate with members of its network.
“Supplier Product”: means any product appearing in the Supplier Products and Services Catalogue.
“Network”: means the space reserved for a Client under the responsibility of one or more Administrators, and in which Users duly authorised by an Administrator are authorised, according to the rights granted, to plan, publish and store Content relating to their Equipment.
“Services”: means all of the functionalities offered on the Application or linked to the Application.
“Website”: means the Mobility Work website accessible at the following URL: mobility-work.com.
“Technician”: means any User duly authorized by the Administrator by means of the attribution of a “technician license” (“Technician License”) to create equipment, tasks or activities within its Network, to consult the details of the profiles of the members of its Network, the news feed of its Network or to communicate with members of its Network.
“User”: means any natural person who connects to the Application, regardless of the access rights granted to him (Administrator, Technician, Production or Service Provider).
3. REGISTRATION TERMS AND CONDITIONS – STARTING THE SERVICE
3.1 Conditions of access and use of the Application
The Client is solely responsible for the proper functioning of its computer equipment and its access to the Application. The Client is solely responsible for the maintenance of its network, its computer system and its equipment that enables a reliable connection with the Mobility Work Services. All costs incurred by the Client for access by the latter and its Users to the Application, and in particular connection costs and the costs of acquiring or renewing computer hardware and all necessary equipment and materials remain the sole responsibility of the Client.
Mobility Work may not be held liable in particular in the event of damage to the Client’s computer equipment by malicious software, or in the event of interruption or failure of the Client’s Internet connection.
3.2 Creation of an Administrator account and a Network by the Administrator
In addition to acceptance of these GTU, access to the Application and Services requires the creation of an account by an Administrator authorised by the Client and the creation of a Network using the form provided for this purpose.
The Administrator must be a natural person. If the Client is a natural person, the Client and the Administrator may have the same identity.
The Administrator shall be authorised by the Client to grant, in the name and on behalf of the Client, authorisations and rights of use to any User (i) whom it has invited to connect to the Application or (ii) who has requested its integration into the Network. The Administrator can view the data of the members of its Network.
The Administrator will provide all the information necessary for the creation of the Administrator account and the Network(s).
The Administrator will provide Mobility Work with all information requested by Mobility Work for its registration in the Application.
Failure to provide any mandatory information will prevent any registration on the Application.
The Client undertakes to ensure that the Administrator and its Users comply with this Agreement.
The Client, through the Administrator, undertakes to :
a) provide true, accurate, current and complete information regarding the information as requested during the registration process; and
b) maintain and promptly update all information about itself and its Users to keep it true, accurate, current and complete.
Mobility Work reserves the right to update at any time the list of information that must be provided for the creation and maintenance of the Client’s Administrator account and the Client’s Network(s).
3.3 Creation of the authorisations granted to Users and the terms and conditions of their registration
The Administrator defines the terms of connection to the Network and the scope of the rights of use of the Services by the Users, according to the Services subscribed to and according to the assigned profile (Administrator, Technician, Production or Service Provider).
In all cases, future Users who are not Administrators will be asked to create their profile in accordance with the provisions of these GTU and the terms and conditions defined by Mobility Work.
To do so, they must provide all the information requested by Mobility Work using the forms provided for this purpose. Failure to provide any mandatory information will prevent any registration on the Application.
The Administrator will validate under the responsibility, authority, supervision and control of the Client, the registration of Users.
Mobility Work reserves the right to update at any time the list of information to be provided for the creation and maintenance of User accounts and access.
3.4 General information
The Client and Users may use the Services provided that they are not prohibited from receiving such services under the laws of the country or territory to which they respectively belong.
If the Client or a User provides false, inappropriate, outdated or incomplete information, or if Mobility Work has reasonable grounds to suspect that such information is false, inappropriate, outdated or incomplete, Mobility Work reserves the right to delete the account of the Client or User and to refuse any current or future use of the Services.
As Mobility Work does not have the means to verify the identity or quality of Clients and Users, Mobility Work shall not be held liable for identity theft in the event of fraudulent registration. In any event, any person who notices that his/her identity has been stolen when logging on must immediately contact Mobility Work at the following address: [email protected] to allow Mobility Work to carry out the relevant investigations and actions.
It is the responsibility of the Clients and Users to ensure that their personal data used to create their accounts are accurate and complete and to select a strong and secure password.
Access to the Client’s private space and its Network(s) is strictly personal and non-transferable. As such, any use of the Client’s or User’s login and password on the Application shall presume connection to the Application. The Client and its Users are thus solely responsible for the use of their login and password, for any information that may be transmitted on the Application and for any use of one of the Application’s services. The Clients and Users alone shall ensure its confidentiality. These passwords shall not be shared or communicated to third parties under any circumstances. Under no circumstances may Mobility Work be held liable for the loss of a login and/or password.
If the confidentiality of a password is compromised, the Client undertakes to inform Mobility Work as soon as possible so that a new password can be issued. The Client remains responsible for the use of his personal account until he has informed Mobility Work of the risk of a breach of confidentiality.
The Client shall be liable for all use of his account and the accounts of his Users unless he reports misuse or identity theft in the forms indicated above.
4. MOBILITY WORK SERVICES
Use of the Application following registration is valid for the duration as defined in Article 4.2 in the form of subscriptions taken out for each natural person User (the “Licenses”). The various Services offered and the corresponding subscriptions to which the Client may subscribe are communicated by Mobility Work to the Client and are in particular defined on the Site.
4.1 Trial period
Users duly authorized by a Client may have free access to all the functionalities, and this, from the creation of a Network by an Administrator for a period of seven (7) calendar days. For this purpose, they may create a Network, within which they are solely responsible for the Content deposited.
The Administrator will be notified within seven (7) days before the expiry date of the trial period, of an invitation to take out a subscription.
During the trial period, Users are subject to these GTU.
4.1.1 The Administrator decides not to subscribe to the Services
All Private Content will be retained in its entirety by Mobility Work, unless the Client requests otherwise in writing. In this case, Mobility Work undertakes to destroy such content within thirty (30) days of such request.
In the event of a request for deletion, the Administrator will be sent a link allowing him to download his Content for his own archiving before final deletion.
In this case, Mobility Work will only retain the information necessary to maintain its archives and undertakes not to retain any Personal Data of Users beyond the legal duration, unless legal provisions require it to do so.
4.1.2 The Administrator decides to take out a paying subscription
The Administrator may decide to take out a paid subscription at any time (during or at the end of the trial period).
Consequently, all Content already published on the Network during the trial period will be retained.
Except in the absence of a framework agreement or any other specific conditions agreed with the Client, the Client may subscribe to Licenses corresponding to a paid subscription for each License and valid for each User who is a natural person per monthly or annual period, renewable by tacit agreement.
Subscriptions will be automatically renewed for the same duration without termination by the Client under the conditions set forth in Article 5.1.
The subscription and subscription conditions are defined in the GTU
4.3 Rules relating to the use of the Services
The Client is responsible for all data and Content that it publishes and that Users publish and use through the Application and Services, on the Client’s Network(s) and more generally on the Mobility Work Platform.
The Client designates the Users authorised to use the various Services. All of these persons shall act under the Client’s responsibility.
4.4 Additional Services and modification or deletion of Services
The Application and Services are subject to change.
Mobility Work may offer additional services or new functionalities related to the Services.
These may be subject to additional, separate or supplementary terms and conditions.
Similarly, Mobility Work may, at its sole discretion, modify or remove any Service or feature in order to continually adapt and improve the Application. In case of deletion or modification of any Service or functionality, Mobility Work will inform the Client.
5. DURATION – TERMINATION – CONSEQUENCES OF TERMINATION
Subject to any framework agreement or any other special agreement agreed with the Client, the Licenses shall take effect on the date on which the Client registers to use the Maintenance Management Application, and shall be renewable by tacit agreement for successive periods of one (1) month or one (1) year, depending on the subscription taken out.
The Licenses will be automatically renewed under the conditions defined above unless the Client gives notice of termination at least ten (10) days before the anniversary date of the subscription or notice of termination by Mobility Work under the conditions defined below.
5.2 Termination of the contract
5.2.1 Termination by the Client
Subject to any framework contract or any other special agreement agreed with the Client, the Client may notify its desire to terminate this agreement for any reason whatsoever by registered letter with acknowledgement of receipt, or directly by deleting its account via the application in its profile settings.
5.2.2 Suspension of Services – Termination due to Mobility Work
Subject to any framework agreement or any other special agreement agreed with the Client, Mobility Work shall be entitled to terminate the contractual relationship between the Parties and/or suspend access to the Client’s Network(s) and the Application with immediate effect for any legitimate reason and at any time, by simple notification, temporarily or definitively by deleting the account of the Client and/or its Users, and in particular in the event of a breach of any of the provisions hereof by the Client or any User, and in particular following notification by the Client and/or the Administrator of an abuse by the Client or any User or third party and/or in the context of a legal action and/or in the event of the liability of the User and/or the Client being called into question in application of the GTU.
Mobility Work may definitively terminate the User’s and/or Client’s account for any legitimate reason, and in particular in the event of a breach by the Client or any User of the stipulations set forth herein, without prejudice to its rights, in particular to claim any damages.
5.3 Consequences of cancellation
In the event of termination of the contractual relationship between Mobility Work and the Client, all sums owed by the Client to Mobility Work in respect of the use of the Services will become immediately due and payable.
No indemnity, compensation or damages of any nature whatsoever shall be due by either Party to the other Party.
In the event of expiry or termination of the contract, the Licenses subscribed by the Client shall be automatically terminated.
Before closing the account, the Client, the Administrator(s) and any Users of the Client will be given the opportunity to upload their Content for their own archiving.
Users will also be offered the possibility to replace their first and last names with the mention “Anonymous User” as soon as the account is closed by the User and to delete all their personal data and receive them in CSV format.
In the event of expiry or termination of the contract, Mobility Work will assist the Client to enable the Client to take over the management of his data.
Payment of the reversibility service provided by Mobility Work shall be made on the basis of the time spent by Mobility Work employees or on the basis of a financial proposal after prior acceptance by the Client and shall be subject to the Mobility Work GTU
6. USE OF THE SERVICES OFFERED ON APPLICATION
6.1 Private or Public nature of the Content
The Client and its Administrator(s) may define any Content as Public or Private within their Network(s).
Private nature of the Networks
The Public Content may be accessible by all Users of the Maintenance Management Application as well as by any Internet user.
Concerning the Private Content: this will only be accessible to Users who are members, approved by the Network Administrator. The approval of Users will be the sole responsibility of the Administrator and the Client, who will be responsible for ensuring the veracity of the information communicated, particularly in terms of identity theft.
Consultations of content published on other Networks.
The Client is solely responsible for the use that it makes and that its Users make of the information that they consult on Networks that the Client does not control, under the conditions set out in the GTU.
It is specified that any Client, User or Supplier may have access to Public Content of another Client, User or Supplier. Any User, Client or Supplier may contact directly the Client, User or Supplier whose Content is Public. The User or Client will decide whether or not to follow up on this contact.
7. AVAILABILITY OF THE APPLICATION – FORCE MAJEURE
The Application is in principle accessible 24/24h, 7/7d, except in the event of an interruption, scheduled or unscheduled, for maintenance purposes or in the event of force majeure as defined by French courts, including the occurrence of a natural disaster, such as an earthquake, storm, fire, flood, armed conflict, war, attacks, epidemics, pandemics, and all public health risks, demonstrations, labour disputes, total or partial strikes at Mobility Work or its suppliers, service providers, post offices, public services, imperative injunction from the public authorities (ban on imports, embargo).
As far as possible, Mobility Work shall inform the Client and the Administrator(s) in advance of the performance of maintenance operations or updates. The Client and its Administrator(s) shall be responsible for notifying its Users. The Client and the Users waive the right to hold Mobility Work liable for the operation and use of the Application. It is the Client’s responsibility to take the necessary measures to safeguard the information that is essential for its activity (in particular in terms of the schedule of maintenance tasks).
Likewise, Mobility Work may not be held liable in the event of malfunction, impossibility of access, or poor conditions of use of the Application due to unsuitable equipment, disruptions due to the Client’s access provider, congestion of the Internet network, and/or for any other reason unrelated or external to Mobility Work.
Being subject to an obligation of means, Mobility Work shall under no circumstances be liable for any direct or indirect damage of any nature whatsoever suffered by the Client and/or by any User and resulting in particular from the unavailability of the Application, the Mobility Work Platform, in whole or in part, and/or loss of data (including copies or recordings) that the Client may have made.
Mobility Work undertakes to develop the Application on a regular basis so that it remains in line with the state of the art and the expectations of the Client at all times.
Mobility Work undertakes to correct as soon as possible any repetitive bugs and defects in the Application that are reported to it by the Client.
Mobility Work shall use its best efforts to ensure that the Application is accessible on a continuous basis.
Thus, in the event of an interruption of service and whatever the cause, Mobility Work will make its best efforts to ensure that the Application is brought back into service as soon as possible.
Mobility Work undertakes to take all measures in accordance with the state of the art to guarantee the IT security of its Services and of the Application, in particular against the risks of intrusion or viruses.
Mobility Work reserves the right to interrupt the operation of the Services or prohibit access to the Services or the Application when the security of the Service is threatened (detected security flaw, intrusion, data corruption, viruses, malware).
Mobility Work may also carry out planned shutdowns of the Services, in part or in whole, in particular to carry out maintenance or update work on the Application. These shutdowns and maintenance work will be carried out, as far as possible, during periods of low activity. In such cases, Mobility Work shall make its best efforts, where possible, to notify the Client in advance of any planned stoppage of Services.
Mobility Work undertakes to restore access to the Services and the Application as soon as possible.
No credit note, refund or credit in any form whatsoever will be issued in the event of an outage under this Article.
8. CONFIDENTIALITY – SECURITY
The Parties reciprocally undertake a general obligation of confidentiality concerning all oral or written confidential information, whatever it may be and whatever the medium, exchanged in the context of the preparation and execution of the Services, except for information that is generally known to the public or that will become known otherwise than through the fault or fault of the Client or Users.
Consequently, the Parties undertake to :
● to keep all confidential information strictly secret, and in particular to never disclose or communicate, in any way whatsoever, directly or indirectly, all or part of the confidential information, to anyone, without the express prior written authorization of the other party ;
● not to use all or part of the confidential information for any purpose or activity other than the execution of the Services ;
● not to make any copy or imitation of all or part of the Confidential Information without the prior written permission of the other Party;
● any information of a confidential nature will not be communicated to a third party without the prior and express written consent of the issuing Party, except in the case of a mandatory request from a competent public authority pursuant to a legislative or regulatory text.
The Parties shall guarantee compliance with this undertaking of confidentiality by all their employees, officers and managers.
This confidentiality undertaking shall remain in force after the expiry or termination for any reason whatsoever of the Parties’ contractual relations for a period of three (3) years.
In any event, this obligation of confidentiality does not bind the Parties insofar as the Confidential Information :
● are generally accessible to the public, as well as those which become so, otherwise than as a result of a violation of this article ;
● is obtained from third parties not subject to an obligation of confidentiality regarding such information;
● is or has been independently developed by the Party receiving the information or was known to that Party prior to its receipt.
However, each Party shall be entitled to disclose any Confidential Information to its insurers, auditors or lawyers, administrative or judicial authorities, upon production of the decision of the authorities concerned or when required by law.
For the avoidance of doubt, it is understood that Mobility Work will have the right to aggregate raw and anonymized data relating in particular to the maintenance of equipment, with a view to their communication to third parties and all other users of its solutions, software and services, in accordance with the applicable terms and conditions and all Mobility Work terms and policies.
Aggregated and anonymous data resulting from Mobility Work’s analysis of information communicated by the Client or a User will not be considered Confidential Information if such data consists of a generic report relating to, inter alia, machine failure rates, spare parts used, sensor information, and/or equipment maintenance, and if no link can be established between such data and the Confidential Information.
It is also understood that any Public Content will not be considered as Confidential Information.
Finally, Mobility Work is authorised by the Client to use the provision of the Services as a reference for its clients and prospects and to use the Client’s distinctive signs (name, trademark, logo) for this purpose, without this use giving rise to any additional remuneration other than that provided for herein. These elements will only be used for the duration of the contract, and in strict compliance with the image and reputation of the Client. The Client retains full control of its image and may address any specific refusal to Mobility Work regarding the use of said elements within the framework of these stipulations.
The equipment enabling access to the Services is at the Client’s expense, as are the telecommunications costs incurred by their use. It is the Client’s responsibility to have the skills, hardware and software necessary for the use of the Services by its Users. The Client is also solely responsible for the choice and effective implementation of the means of protection and security offered on the market, on its computer equipment in order to protect its Network(s) and Content(s).
9.1Liability of Mobility Work
It is expressly understood that Mobility Work is subject to an obligation of means with respect to the provision of the Services and the Application.
Mobility Work declines all liability for the results obtained from the use of the Application, the Services and more generally the Mobility Work Platform by the Client and the Users.
As the Application is standard software designed to satisfy the greatest number of users, Mobility Work cannot guarantee its adaptation to the specific needs of the Client.
For the avoidance of doubt, Mobility Work makes no other express or implied warranty with respect to the Services, including, in particular, any implied warranty of quality or suitability of the Application for a particular purpose. Mobility Work does not guarantee the results of the Services. Mobility Work does not warrant that the functionality of the Services will meet Client’s requirements. The Parties acknowledge that software may contain errors and that not all errors are economically rectifiable or always need to be corrected. Mobility Work therefore does not guarantee that all failures or errors in the Application will be corrected.
Mobility Work cannot be held liable to the Client for any material or physical damage to the Client and/or Users that may result directly or indirectly from the use of the Services and the Application, and the Client shall hold Mobility Work harmless from any claim in the event of any damage suffered by Users or the Client as a result of any loss of business opportunities or income linked in particular to the operation or lack of operation of the Application.
Mobility Work implements all reasonable measures relating to the provision of the Services to maintain a safe, secure and error-free environment. However, Mobility Work does not guarantee that the Services will always operate without interruption, delay or imperfection. Mobility Work disclaims all liability for: losses that are not caused by its failure to comply with these GTU or by its actions; losses that Mobility Work cannot reasonably foresee or avoid; any offensive, inappropriate, obscene, illegal or otherwise objectionable content posted by others that the Client and Users may encounter on the Services; and events beyond the reasonable control of Mobility Work.
Mobility Work further disclaims all liability to the Client regarding the use of the Services and the Client’s Networks by the Client’s Users.
Mobility Work cannot be held liable to the Client for any failure by its Users to comply with the GTU.
Mobility Work may in no way be held liable for any damaging consequences that may arise as a result of the Client’s data and Content provided by the Client and its Users under the terms and conditions hereof. Mobility Work is not obliged to compensate for the damaging consequences of faults committed by the Client, the Users or third parties in connection with the execution of the Services.
Under no circumstances shall Mobility Work be held to compensate for immaterial or indirect damages such as (but not limited to): operating loss, loss of turnover, loss of profit, loss of chance, commercial loss, loss of profit.
In any event, under no circumstances may Mobility Work’s possible financial liability, if it were to be determined, exceed the sums paid by the Client for the Services for which Mobility Work is liable, and within the limit of the sums paid by the Client for the last three (3) months of Licenses paid to Mobility Work on the date of occurrence of the event giving rise to liability, and in the case of a term of Licenses subscribed for less than the amount paid for the subscription to the said Licenses on the date of the event giving rise to liability, subject to payment by the Client, where applicable, of all outstanding invoices. Mobility Work shall not be liable for breakdowns or damage resulting from the contamination of the Client’s computer system by viruses, attacks and malicious acts by third parties.
Mobility Work may use services provided by third parties in order to give access or offer certain functionalities of its Applications. Under no circumstances may Mobility Work be held liable for any unavailability or failure of the third party service that renders access to the Application or part of the Application unavailable or deficient.
9.1.1 On the use of the Content
Mobility Work shall in no way be liable for any possible harmful consequences that may arise from the use of the information published by Users, whether or not they belong to the same Network. In this respect, the Client confirms that it has taken all necessary insurance to cover its liability, in particular in the event of bodily injury to another User due to misinterpretation of Content on the Network to which it belongs or on another Network, or for any other cause of any kind.
9.1.2 On the character of the Content
Mobility Work cannot be held liable for the stored information if Mobility Work did not actually have knowledge of its unlawful nature or if, as soon as it had such knowledge, it acted promptly to remove or prevent access to the data.
Mobility Work reserves the right or may be legally obliged to immediately and without prior notice, without prejudice to the termination of the account, delete any Content or suspend any account and/or Network that would be contrary to French law, or that would be detrimental to French public order or to the rights of a third party. In particular, and without this list being restrictive, any Content that could :
● harm the brand image or reputation of Mobility Work through provocative messages, texts or images (without this list being exhaustive: political, religious, pornographic, racist, negationist, insulting or illicit content…);
● violate the privacy of individuals, whether or not they are Users of the Application;
● harm Users in any way whatsoever, to incite them to put themselves in danger in any way whatsoever;
● constitute a violation of intellectual property rights (in particular with regard to photography and text) or any other property right belonging to others.
Failing this, the Content will be liable to be withdrawn under the conditions set out in article 5.2.2 and/or the account(s) and/or Network(s) concerned deactivated without prior formality.
In addition, it is recalled that the Client and any User may personally incur the criminal sanctions specific to the Contents in question (in particular imprisonment and fines), in addition to the possible condemnation to the payment of damages and interest.
9.2 Client liability
By providing any Content on the Application, directly or through its Users, the Client is bound to comply with the legal and regulatory provisions in force and the stipulations herein.
The Client is liable to Mobility Work for the use of the Services by all Users on its Network(s).
The Client is solely responsible for any publication on its Network(s), and is responsible for removing the disputed content.
The Client guarantees and holds Mobility Work harmless for compliance with the terms and conditions of these GTU by all Users of its Network(s).
Without prejudice to the foregoing, in the event of any abuse or violation of these GTU, Mobility Work reserves the right to take any useful action with regard to any Client and/or User in order to preserve its rights.
9.2.1 Quality of the Content
It is the Client’s responsibility to ensure that the storage and distribution of this Content via the Application complies with the following rules:
● the Users of its (its) Network(s) publish accurate Content, and in particular they do not act dishonestly, by publishing inappropriate, deceptive or reprehensible Content. They do not in any way copy information whose truthfulness and relevance they have not verified. The Client acknowledges that any publication of Content on its Network(s) is likely to engage its responsibility towards third parties;
● the Users of its Network(s) do not infringe any mandatory rules of confidentiality, in particular those related to their sector of activity or with regard to the confidentiality commitments that they may have entered into with their suppliers and/or clients, it being their responsibility to take the relevant measures with regard to the latter;
● the Users of its Network(s) shall not publish any unsolicited or unauthorised advertising, in particular in the form of “spam” or any other form of unauthorised and/or illegal solicitation to Users of the Application.
● Users of its Network(s) do not transfer or make the Service available to a third party;
● Users of its Network(s) do not provide any services using the Mobility Work Services without prior written consent from Mobility Work;
● the Users of its Network(s) do not put online links to third party sites and do not use their logo, or the name of their company, etc., without prior authorisation from them.
9.2.2 Respect for the rights of third parties and public order
The Client shall ensure that the storage and distribution of the Content published on its Networks does not constitute :
● a violation of the intellectual property rights of third parties, in particular concerning patents, trademarks, trade secrets, copyright or any other property right; and/or
● a copy or use of the information, Content or data of other Users available on the Application for purposes other than those intended and expressly authorised; the Client and Users undertake not to rent, lease, lend, sell/resell access to the Service or any information or data collected during consultation of the Application; Users undertake and the Client undertakes that its authorised Users will not use the Service for the purpose of communicating information to suppliers competing with its own suppliers; and/or
● an attack on persons (in particular defamation, insults, insults, harassment, denigration, slander, discrimination, etc.) and on privacy (unauthorised disclosure of nominative information in particular of other Users, etc.); and/or
● an attack on public order (in particular incitement to terrorism) and morality (in particular, apology for crimes against humanity, incitement to racial hatred, pornography, in particular child pornography, etc.).
9.2.3 Operation of the Service and respect for Mobility Work’s intellectual property rights
The Client undertakes to :
● not to circumvent the security features of the Application and Services ;
● not to disrupt the operation of the Application and Services or impose a disproportionate burden on them (e.g. spam, denial of service attacks, viruses, game algorithms); and/or not to publish Content in any form whatsoever that contains viruses or any other harmful code ;
● not to reverse engineer, decompile, disassemble, decipher or generally attempt to obtain the source code of the Application or any related technology, or any part thereof, except as required by mandatory restrictive legal provisions;
● not manipulate identifiers to conceal the origin of any publication or message transmitted through the Services ;
● not to use any technique to simulate the appearance or operation of the Application;
● not to use any software, hardware, manual or automated coding robots or other means to access, “decompile”, “analyze” or “index” the Service or any data or information on the Application;
● not to use any techniques that may simulate the appearance or operation of the Application;
● not to use any software, hardware, manual or automated coding robots or other means to access, “decompile”, “analyze” or “index” the Service or any data or information on the Application;
● not to use any techniques to disguise the origin of any postings or messages transmitted through the Services;
● not to use any techniques to simulate the appearance or operation of the Application;
● not use any software, hardware, manual or automated coding robots or other means to access, “decompile”, “analyze” or “index” the Service or any related data or information;
● not to copy, modify or create derivative works from the Services and to remove any reference to an intellectual property right appearing on the Application.
● not to make improper use of the Services, for example not to disrupt them or to try to access them by a method other than the interface provided. When Users access or use the Services, they agree not to do the following: (i) access, tamper with or use non-public areas of the Services, Mobility Work computer systems or technical distribution systems used by Mobility Work providers; (ii) probe, probe or test the vulnerability of any system or network, or violate or circumvent any security or authentication measures; (iii) search for, access, or attempt to search for or access the Services by any means (automated or otherwise) other than through interfaces currently available, developed and provided by Mobility Work (subject to compliance with the applicable terms and conditions), unless expressly permitted under a separate agreement with Mobility Work; (iv) forge any TCP/IP packet header or any part of the header information in any e-mail or post, or otherwise use the Services to send altered, misleading or false source credentials; (v) interfere with or disrupt (or attempt to interfere with) any User’s access, host or network access to the Services, including, without limitation, via means of submitting viruses, overloading, flooding, spamming, mailbombing, or performing scripts to create content in a manner that disrupts or overwhelms the Services.
Mobility Work also reserves the right to access, read, store and disclose any information as it deems necessary for the purposes of : (i) to comply with any applicable legal or regulatory requirements, legal process or administrative request; (ii) to enforce the GTU, including facilitating the investigation of possible violations thereof; (iii) to detect, prevent or otherwise address any problems of a fraudulent, security or technical nature; (iv) to respond to user requests for assistance; (v) to protect the rights, property and safety of Mobility Work, its users and the public. Mobility Work does not disclose any Personal Data to third parties, subject to the terms and conditions of its Use and Data Protection Policy.
The Client further agrees that Mobility Work and its third party service providers and partners may place advertisements on the Services, or in connection with the display of Content or information from the Services submitted by Clients and Users.
9.2.4 Procedure in case of abuse
The Client, directly or through its Users, is required to report any abuse that it may find on the Application in :
● communicating, as soon as it becomes aware of it, any information relating to Content presumed to be contrary to the legal provisions in force or in breach of the GTU, by e-mail to [email protected] or by registered mail with acknowledgement of receipt to the address indicated below :
o Mobility Work, 25 rue du Général Foy, 75008 Paris, France
● informing Mobility Work of any complaint or action by a third party concerning the Network, in the same forms ;
● responding as soon as possible to any request for information from Mobility Work.
The Client stands firm and guarantees the respect of this obligation by all Users of its Network(s).
It is also understood that the data that Users provide through the Content that they publish on the Networks, as well as their behaviour or comments, may be reported by other Users. In the event that such a report constitutes a violation of these GTU or of the laws and regulations in force, the provisions of article 5.2.2 may be applied.
In the event that Mobility Work is held liable for the failure of a User to comply with its obligations, the Client undertakes to guarantee Mobility Work against any sentence that may be pronounced against Mobility Work as a result. This guarantee covers any compensation that Mobility may be required to pay as well as any legal costs and consulting fees for which it is liable.
10. COPYRIGHT PROTECTION
10.1 License to use
Mobility Work grants the Client a personal, non-transferable, non-exclusive and non-sub-licensable license, authorizing the Client and its Users to access and use the Application exclusively in the context of the use of the Services under the terms and conditions of these GTU. The license to use the Application is granted for the exclusive needs of the Client, who shall refrain from allowing any third party to access the Application.
10.2 Mobility Work’s intellectual property rights
The Application, as well as all interfaces and applications developed by Mobility Work to access the Services and the Mobility Work Platform, available and future, on all present and future operating systems and platforms, as well as all elements relating to the intellectual property rights of Mobility Work, including all present and future trademark registrations, logos, company name, drawings, images, photographs, illustrations and all other elements and associated rights remain the exclusive property of Mobility Work.
The Services are protected by intellectual property law, from French, European or international sources. Nothing in these GTU shall give the Client or the Users the right to use the name of Mobility Work, nor the trademarks, logos, domain names and other distinctive attributes of the Mobility Work brand. All right, title and interest relating to the Services is and shall remain the exclusive property of Mobility Work.
Elements (other than the Content of the Client, its Users and the Content of other Clients and Users) included or accessible on and/or through the Application and the Mobility Work Platform, including but not limited to any text, graphics, logo, name, trademark, designation, tab, feature, image, sound, data, photograph, graphic, database, interfaces, web page templates, source and object code, computer code, application, audio, music, video and other media, design, animation, method, product, algorithm, invention, patent, trade secret and other content, whether or not registered and/or capable of being registered, any work derived from the foregoing and any other material or software remains the exclusive property of Mobility Work. These elements are protected by intellectual property law and are subject to applicable laws, regulations and international conventions.
Under no circumstances may these elements be reproduced, represented, downloaded, copied, altered, adapted, modified, deleted, distributed, transmitted, broadcast, sold, rented, licensed or exploited (in whole or in part) in any way whatsoever, without the express written consent of Mobility Work. The Client and the Users agree not to use or exploit these elements for purposes other than those referred to in these GTU. In addition, except in the event of mandatory legal provisions of restrictive application, the Client and the Users are not authorized to modify, improve, edit, translate, decompile, disassemble or create one or more derivative work(s) from the Application (in whole or in part), or unless this possibility has been expressly granted by Mobility Work or by the owners of such content(s) in a separate agreement.
Mobility Work expressly reserves the exclusive right to intervene on the Application to enable it to be used in accordance with its intended purpose and in particular to correct errors.
Finally, Mobility Work may use open source software and make it available to the Client in compliance with the licenses governing it. Users may reuse this software subject to compliance with these same conditions.
The Client shall ensure that its Users comply with these terms and conditions.
10.3 Guarantee of eviction
Mobility Work declares that it is the owner of all intellectual property rights relating to the Application.
In particular, Mobility Work guarantees :
– that the Application does not constitute an infringement of a pre-existing work;
– that it has respected and will respect the intellectual property rights of third parties, in particular copyright, design rights, patents and trademarks.
In this respect, Mobility Work guarantees the Client against any action, claim, demand or opposition from any person invoking an intellectual property right or an act of unfair and/or parasitic competition, to which the use of the Application may have infringed.
For its part, the Client undertakes to immediately notify Mobility Work of any infringement of the Application and the Mobility Work Platform of which it is aware, Mobility Work being then free to take the measures it deems appropriate.
11. CLIENT’S CONTENT
Mobility Work undertakes to take all reasonable measures to guarantee the integrity of the Client’s data and Contents, in particular by regularly backing them up.
The Application uses procedures applicable in this area, which are kept up to date to protect all Content. Mobility Work implements archiving procedures, also in the context of the security measures indicated above. With the “data back-up” option, the Content is backed up every 24 hours and stored on two different servers, allowing the availability and permanence of the Content.
It is up to the Client and Users to evaluate, under their sole responsibility, the Content that may be published and, if necessary, to take all appropriate measures to protect their data.
The Client may at any time back up its data in accordance with the terms and conditions of the Application, and remains solely responsible for backing up its data.
The Client remains the sole owner of all intellectual property rights to the Content it publishes on its Network(s).
The Client grants Mobility Work and its subcontractors a worldwide, non-exclusive, royalty-free license (including the right to sublicense) to host, cache, use, copy, reproduce, process, publish, transmit, display and distribute such Content in any medium and by any method of distribution (now known or developed in the future) under the terms and conditions hereof.
This license authorizes Mobility Work to make any Public Content available to the rest of the world and authorizes any third party to do the same. This license includes the right for Mobility Work to provide, promote and enhance the Services and to make Public Content as well as Private Content in aggregated and anonymized form submitted on or through the Services available to other companies, organizations or individuals for the purpose of syndication, dissemination, distribution, promotion or publication of such Content on other media and services, subject to the terms and conditions governing the use of such Content. Mobility Work, or such other companies, organisations or private persons, may use the Content submitted, published, transmitted or otherwise made available via the Services in this way without the Clients and/or Users being entitled to any remuneration for such Content.
This license will automatically terminate upon termination of the contractual relationship between the Parties, unless it is necessary to continue to host and process the Client’s data and Content.
The Content is stored at Amazon Web Service, in Paris and Frankfurt, which offers all necessary guarantees in terms of security and data protection (for more information see https://aws.amazon.com/en/compliance/data-privacy-faq/).
Mobility Work also uses additional services of specialized companies to ensure the protection of the Content. The list of these companies can be communicated upon request by registered mail with acknowledgement of receipt to the following postal address Mobility Work, 25 rue du Général Foy, 75008 Paris, France, or at the following address: [email protected] Mobility Work does not acquire any ownership rights to this Content. Where applicable, the Client guarantees that it has the necessary rights and authorisations from the relevant rights holders to be able to distribute the Content and use its data and that it may freely grant a licence under the terms set out below to Mobility Work and its subcontractors.
The Client is solely responsible for the creation, selection, design and use of its data and Contents by Users within the framework of the Services. It is also responsible for the collection and processing of its Users’ Personal Data in accordance with the applicable regulations on the protection of personal data. It is incumbent on the Client to comply with the applicable legislative and regulatory provisions, and in particular the regulations applicable to the protection of personal data, and to obtain any prior authorisations.
The Client declares and guarantees that it has all the rights and authorisations necessary for the use of its data within the framework of the Services and that it may freely grant Mobility Work and its subcontractors a licence under the aforementioned terms.
The Client acknowledges that it is responsible for all Content and data that it communicates and declares and guarantees that by creating, installing or downloading its data as part of the Services, it does not exceed any rights that may have been granted to it over all or part of its data and that it does not infringe the rights of third parties.
The Client undertakes to indemnify Mobility Work for any financial consequences that Mobility Work may be required to bear due to a breach by the Client of the aforementioned guarantees concerning its data and Contents.
The Client shall ensure that when using the Services, the Client does not place data and Content that would require Mobility Work to comply with specific laws or regulations other than those expressly provided for herein.
The period of data retention by Mobility Work may not exceed the legal retention period.
The Client is informed and accepts that Mobility Work may access its Client data and Content and transmit them upon request of an administrative or judicial authority entitled to access the Client’s data, in compliance with the applicable regulations.
Mobility Work shall inform the Client without delay of the existence of the request and of the Client data and Content that have been transmitted, unless the said request prevents Mobility Work from doing so.
Although making every effort to protect all data transmitted through the Contents, Mobility Work cannot guarantee the security of any information transmitted online due to the intrinsic characteristics of the Internet, and declines all liability for theft, destruction or inadvertent disclosure of Client and/or User data. The Client acknowledges that Mobility Work has no control over the transfer of Client data and Contents via the public telecommunication networks used by the Client and Users to access the Services and in particular the Internet. The Client acknowledges and accepts that Mobility Work cannot guarantee the confidentiality of Client Data when it is transferred over these public networks. Consequently, Mobility Work may not be held liable in any case in the event of misappropriation, capture, corruption of Client Data or any other event likely to affect the Client Data occurring during their transfer on the public telecommunications networks.
The Client represents that it holds all rights, licenses, consents, authorizations, power and/or authority necessary to grant the rights granted hereunder in respect of any Content submitted, posted or displayed on or through the Services. The Client agrees that such Content does not contain material that is subject to copyright or other proprietary rights, unless the Client has the necessary permission or right to publish the material and grant Mobility Work the license described above.
12. USE AND PROTECTION OF PERSONAL DATA
Mobility Work collects and uses the Personal Data of the Client and of the Users in order to provide the Services defined herein, according to the terms and conditions set forth in the Mobility Work Data Use and Protection Policy.
13. CLIENT’S OBLIGATIONS TOWARDS MOBILITY WORK – OBLIGATION OF COOPERATION
13.1 Client’s obligations towards Mobility Work
The Client and Users are required to comply with all rules applicable to the protection and use of Personal Data, and in particular the provisions of the RGPD and the law of 6 January 1978 as amended (the “Loi Informatique et Liberté” or “LIL”).
In particular, the Client and Users must refrain, with regard to the Personal Data of other Users to which they have access, due to the contributory nature of the Application, from any collection, any misappropriated use and, in general, any act likely to infringe the privacy or reputation of individuals. When they have access to Personal Data relating to other Users who do not belong to their Network, they must do so with the consent of the person concerned.
Furthermore, the Client is, within the meaning of the LIL and the RGPD, responsible for the processing, with respect to its own employees and subcontractors, of all Personal Data that it may collect and process with respect to them, and undertakes to comply with the applicable regulations.
13.2 Obligation to cooperate
In the event of a dispute or complaint brought against the Parties or against one of them by a data subject or by the supervisory authority regarding the processing of Personal Data,
the Parties shall inform each other of such disputes or complaints and cooperate with a view to reaching an amicable settlement as soon as possible.
A User may contact another User who may or may not belong to his company or Network(s) and exchange messages directly about the Content.
Exchanges between Users are by default anonymous and private.
14. EXCHANGES OF MESSAGES BETWEEN USERS
Subject to the terms of Article 9, Mobility Work cannot be held liable for the content of messages exchanged between the various Users.
The Client acknowledges that Mobility Work has no obligation of exclusivity. Consequently, Mobility Work may freely provide Services to other clients, including competitors of the Client.
16. PROOF, PRESERVATION AND ARCHIVING
The computerized records kept in Mobility Work’s systems in compliance with the rules of good practice in terms of security will be considered as proof of communications by e-mail, sending of registration forms, downloading of videos and posting of comments. The registration forms are archived on a medium that ensures the accuracy and durability required by the legal provisions in force. It is agreed that in the event of any discrepancy between the computerized Mobility Work registers and the documents in paper or electronic format available to the Client, the computerized Mobility Work registers shall be deemed authentic.
17. EVOLUTION OF THE SERVICES – CHANGES TO THE GENERAL TERMS AND CONDITIONS
The Services are constantly evolving. As such, the Services are subject to change from time to time at Mobility Work’s sole discretion. Mobility Work may cease (temporarily or permanently) to provide Clients and Users with the Services or any functionality thereof. Mobility Work further reserves the right to set limits on use and storage, at any time and at its sole discretion. Mobility Work may also remove or refuse to distribute any Content on the Services, or suspend or terminate any User account in accordance with these GTU and the Usage and Data Protection Policy, without incurring any liability to Clients and Users.
Mobility Work may, in its sole discretion and without prior notice, modify the Maintenance Management Application or Services, terminate all or part of the Maintenance Management Application or Services or suspend the ability to use the Maintenance Management Application or Services, in whole or in part.
Mobility Work may modify these GTU, its Usage and Data Protection Policy, and any other terms and conditions or policies relating to the use of the Mobility Work Platform.
If Mobility Work makes changes to these GTU, the Client will be notified in advance, and in any event at least fifteen (15) days before any changes affecting the rights or obligations of any party hereto are made, via the Application or by any other means, to give the Client the opportunity to review the changes before they take effect.
Access to and use of the Application and the Services implies full and complete adherence to the terms of the GTU in their last version on the day of use of the Maintenance Management Application.
In the event that the Client refuses to agree to the GTU, the Client retains the right to terminate its account or an account on its network at any time in accordance with the conditions set forth in Article 5.1.
As these GTU may be accessible in different languages, in the event of conflict or contradiction between the provisions of the different versions of these GTU, the French version shall prevail.
19. APPLICABLE LAW AND JURISDICTION
These GTU are governed by French law.
In the event of a dispute relating to the conclusion, performance, interpretation or termination of the present Terms and Conditions and the contractual relations between the Parties, the Parties shall endeavour in good faith to find an amicable solution to the said dispute.
In the absence of an amicable solution, and subject to the public policy provisions applicable in terms of jurisdiction, exclusive jurisdiction is attributed to the competent courts of Paris.