Applicable as of May 25th, 2018:
The application “Mobility Work”, available on tablets, smartphones and web via https://app.mobility-work.com (hereinafter “the Application”) is edited by company Mobility Work, a simplified joint-stock company organized and operating under the laws of France, with a capital of 1.000.000 euros, having its registered office located at 44 rue de Lisbonne, 75008 Paris, France, registered with the Paris Trade and Companies Register under number 820 234 599, and represented by Mr Marc-Antoine Talva, CEO.
This Application is a “collaborative” Application edited by company Mobility Work (hereinafter “Mobility Work, or “we” or “our”) aiming at making data entry, sharing and reports analysis easier, and at encouraging collaborative work on maintenance interventions on all types of industrial or non-industrial equipment, in any industrial or non-industrial sector. The Application aims at connecting Users from all over the world (whether they work in the same Company or the same Group or not), in order to improve or to make equipment maintenance operations scheduling, management, information and expertise share easier, in order to potentially improve productivity through time-efficiency and cost-efficiency.
Mobility Work provides users with an array of collaborative online services (the “Service” or the “Services”), including word processing, photos, audio recordings, spreadsheets, a database manager, an intercompany and community-based live chat, calendars, an intervention follow-up system in the form of a timeline and a data analysis reporting system. You may use the Services for your personal and/or professional use. You may connect to the Service using any Internet browser. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create, edit, publish and share content with your user account.
The Application’s functioning, as well as the conditions which must be respected by Clients and Users are listed below.
“Administrator”: refers to any person duly authorized by the Client to create a Network on the Application, to grant authorizations and user rights to any other User i) he invited to connect to the Application, or ii) who asked to integrate his network. He determines which Content can be released anonymously to other Users of the Application who do not belong to the Group. He can access all his Network members’ data.
“Client”: refers to any natural or legal person who creates an account on Mobility Work, whether acting in a professional or personal capacity.
“Company”: if applicable, the company that, in its quality of Client, employs the User(s).
“Content”: non-exhaustively refers to all picture(s), text(s), media(s), comments, schedules, that a Contributor may post on the Application within the Network he is affiliated to.
“Contributor”: refers to a User who is duly authorized by the Administrator to log into the Application and to publish Content on the Network (“Administrator”, “Technician”, “Production” or “Service Provider” profiles).
“External user”: user who does not belong to the Client’s Network.
“Internal user”: user who belongs to the Client’s Network.
“Group”: refers to any group of French or foreign companies linked to each other according to the article L.233-3 of the French Commercial Code.
“Hosting service”: company specialized in hosting, aiming at making Mobility Work’s Application available on the Internet.
“Network”: refers to the space at the Client’s disposal under the responsibility of an Administrator, and in which Contributors are duly authorized by the Administrator to share and stock Content related to their Equipment. The Network is private and reserved by default, and may only be made public by the Administrator.
“Network policy”: refers to all features and rules determined by the Administrator related to the right to access to the Network.
“Official Product”: refers to any online product which has been uploaded and approved by an Official Manufacturer/Supplier.
“Official Provider/Manufacturer/Supplier”: official manufacturer or supplier of a piece of Equipment or consumable, or official provider.
“Parties”: refer to the User, the Client and Mobility Work.
“Personal Data” or “PD”: as defined by Regulation (EU) 2016/679 by the European Parliament and Council of April 27th, 2016 (“The General Data Protection Regulation” or “GDPR”, any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one 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 factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Piece of equipment”: refers to any piece of equipment (industrial or not) of any kind.
“Public content”: refers to the Content that a Contributor decided to share with other Users outside of his Network, setting this Content on the Application to “public visibility”. This content will subsequently be deemed to the public domain.
“Private content”: refers to the Content that a Contributor decided not to keep as private for his Network and not to share with other Users.
“Production”: refers to any person duly authorized by the Administrator to create a task, to access details of the Network’s members’ profiles, the Network’s newsfeed, and to communicate with members of his Network.
“Provider”: refers to any person duly authorized by the Administrator to create or edit a task, to access details of the Network’s members’ profiles and to communicate with members of his Network.
“Public Network”: refers the Network that the Administrator decided to make public and to open to other users from outside the Group he belongs to.
“Service”: refers to all the features available on the Application or linked to the Application.
“Technician”: refers to any person duly authorized by the Administrator to create equipment, tasks and activities within his Network, to access details of the Network’s members’ profiles, the Network’s newsfeed, and to communicate with members of his Network.
“User”: refers to any natural person logging into the Application regardless his access permissions (Administrator, Technician, Production or Provider).
“You”: refers to the User and/or the Client.
3. REGISTRATION PROCEDURES AND START OF THE SERVICE
Any natural person may register on the Application, whether acting exclusively in a personal or in a professional context (as a User), for his personal account or for the account of the Company he represents or is operating for (as a Client).
You will only be able to use the Services if you are allowed to receive such Services pursuant to the applicable laws of the country or territory which govern said situation.
If you accept the following Terms and use the Services in the name of a company, organization, State or any other legal entity, you declare and guarantee that you are allowed to do so, and that you have authority to connect this entity to the present Terms; in this case the words “you” and “your” as used in the present Terms refer to this entity in addition to the Users belonging to said entity.
If you represent a Company and wish to use the Services for business purposes, we recommend that you, and all other users from your Company, sign up for user accounts by providing your Company’s contact information. In particular, we recommend that you use your business email address. You agree to:
a) provide true, accurate, up-to-date and complete information about yourself as prompted by the sign up process; and
b) maintain and promptly update the information provided during sign up to keep at all times such information true, accurate, up-to-date, and complete.
If you provide any information that is false, untrue, inaccurate, outdated, or incomplete, or if Mobility Work has reasonable grounds to suspect that such information is false, untrue, inaccurate, outdated, or incomplete, Mobility Work may terminate your user account and refuse current or future use of any or all of the Services.
Due to a lack of means to certify the identity or quality of the Users, Mobility Work shall not be held liable for identity theft in case of fraudulent registration. In any case, any person who would discover that his identity has been stolen during the registration should contact Mobility Work immediately at the following address:[email protected]to allow Mobility Work to investigate and take appropriate actions.
It will be the User’s duty to make sure that his personal information enabling him to create his account are accurate and exhaustive, and that his password is safe and secure and strong enough.
The User shall be solely responsible for the confidentiality of his account. Such information shall not be shared or communicated by the User to anyone. Mobility Work shall not be held liable in any case for the loss of his login and/or password.
The User shall be held liable for any use of his account unless he reports any abusive use or identity theft as mentioned above.
We might have to provide you with certain number of information, such as notices regarding our Services, and administrative messages. These communications are considered to be part of the Services and of your account, that is why you might not always be able to choose not to receive them. If you have associated your phone number with your account, and that you later decide to edit or deactivate this phone number, you will have to update your account’s information, to avoid us sending messages to the new owner of your former phone number.
3.1 Creation of a Network
The access to the Service is subject to the creation of an account by an Administrator and to the automatic creation of a Network using the provided form. He will be required to provide the following information:
- First name
- Valid email address
- He may also provide a phone number if he so wishes
Regarding the invoicing which allows to access to the Service, he will also be asked to provide the following information by email:
- Postal address
- Phone number
- Client’s activity
- Information related to the Company if the Client is acting in the name of the Company: corporate name, head office location, registration number in the concerned Trade and Companies Register or any other national register, VAT, position in the Company
- Terms of payment.
The Administrator may also add a profile picture in his profile settings once registered on the Application.
The Administrator defines the Network Policy including the several features offered by the Service, including:
- The Equipment list
- Calculation of the intervention time
- Task list and name of the people assigned to these tasks
- Intervention calendar
- Tags available
- Rules regarding Content sharing inside and outside the Network
- Counters and meters creation and edition
- Maintenance plan creation and edition.
The Administrator may create one or several Networks.
3.2Granting of permissions to Contributors, and registration procedures
The Administrator defines and is fully responsible for the registration procedures to the Network and for the rights of use of the Service for the Users, according to their profile (Administrator, Technician, Production or Provider). Each User of the Application is expected to read and to accept the present Terms.
In every case, future Users who do not have Administrator rights will be asked to create a profile according to the prescriptions of the present Terms. They shall provide at least the following information in the provided form:
- Last name
- First name
- Valid email address
They may also provide the following information:
· Phone number
· Profile picture.
Regarding the registration procedures to integrate the Network, only an Administrator can invite future Users to connect to the Network by attributing their type of profile directly (Administrator, Technician, Production or Provider).
The Administrator will be held liable for approving the registration of the Contributors, who will receive a registration invitation email to join the Network.
4. TRIAL PERIOD - DURATION
Following the registration, the Application may be used for a limited period of time, as defined in article 4.2 in the form of an individual and non-sharable subscription for an single natural person, except for special conditions as defined hereinafter.
4.1 Trial period
Users duly authorized by a Client may enjoy a free right of access to try all the features for 14 calendar days after the creation of the Network by an Administrator. They may create a Network, and will be responsible for its Content.
The Administrator will receive an invitation to subscribe within 14 days prior to the expiration date of the trial period.
During the trial period, Users are subject to the present Terms.
4.1.1 The Administrator decides not to subscribe to the Service
All the Private Content will be entirely retained by Mobility Work, unless the Client expressly, in writing, requests that it be destroyed. In this case, Mobility Work will destroy the Content within 30 days following receipt of the request.
In case of destruction request, the Administrator will receive a link to download the Content before final destruction.
In this case, Mobility Work will only retain the information required to maintain its archives, and will not retain any User Personal Data for a period superior to 60 days, except legal provisions imposing to retain such information.
4.1.2 The Administrator decides to purchase a subscription
The Administrator may decide to pay for a subscription at any time (during or after the trial period). In this case, all the Content already shared on the Network during the trial period will be retained.
Unless agreed upon otherwise under a separate specific master agreement or any other agreement whatsoever with the Client, subscription is individual and valid for a 30 day period, tacitly renewable.
Subscriptions will automatically be renewed for the same duration unless the Client terminates the contract under the conditions defined in article 5.1.
5. SUSPENSION OF THE SERVICE - TERMINATION
5.1 Termination by the Client
The Client may notify his wish to terminate the present Terms by registered letter with acknowledgement of receipt at least 10 days before the anniversary date of the subscription, or by directly deleting his account in the Application’s profile settings.
5.2Suspension of the Service – Termination by Mobility Work
Regardless of the chosen duration of the subscription, Mobility Work may immediately suspend the access to the Network and to the Application without prior notice, temporarily or permanently, by deleting the Client’s or the User’s account, following notification of the Client and/or of the Administrator of any abuse/misuse by any Client, User or third party and/or in the context of legal proceedings and/or following the engagement of Client and/or User’s liability under article 9 of the present Terms.
Mobility Work may permanently terminate the User’s and/or the Client’s account in case of breach by the Client or Users of any of the provisions of the present Terms, without prejudice to its rights and actions, in particular to claim for damages.
5.3 Consequences of termination
Following termination of the account, all Private Content will be retained by Mobility Work, unless the Client expressly asks for their removal, in writing. In that case, Mobility Work commits to destroy such content within a period of 30 days following receipt of the request.
The Administrator will receive a link enabling him to download his Content for his own archives.
Personal Data will be immediately deleted from the Application when deleting permanently the User’s account. First and last names will be replaced by the mention “Anonymous user”.
The User will receive a link enabling him to download his Personal Data for his own archives.
Such data will however remain retained for a period of 60 days in our database after suppression of the User’s account for security purposes.
The account termination will be effective the day of the permanent deletion of the account by the User in the Application, or on the expiration date of of any said specific agreement as defined in article 4.2 if applicable, except in case of termination as mentioned in article 5.2.
The total sums to be paid for the current month when terminating the Present Terms remains due by the Client. Payments are made in advance, and shall be non-refundable, regardless of the termination cause.
6. USE OF THE SERVICES PROVIDED BY THE Application
6.1 General Rules
Mobility Work grants you a personal, worldwide, non-transferable and exclusive license, which allows you to exclusively use the provided software as part the Services. This license is intended to allow you to use and benefit from the Services provided by Mobility Work pursuant with the present Terms.
The Services are duly protected by commercial and intellectual property laws in force in France, in the European Union and other territories or countries. No provisions of the present Terms may be interpreted as allowing you to use the name of Mobility Work, nor its trademarks, logos, domain names and other distinguishing feature and signs of the Mobility Work trademark. Any right, title or interest related to these Services (except for the Content provided by the Users) is and will remain Mobility Work’s exclusive property. Any comment or suggestion that you might have regarding Mobility Work or its Services is completely voluntary, and we are free to use these comments or suggestions as we think best, without any liability being incurred towards you.
The Services provided by Mobility Work are always evolving. In this capacity, the form and nature of our Services may change from time to time without prior notice to you. We may stop providing (temporarily or permanently) the Services to you or to users generally, or any of their features. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. We reserve the right to remove or refuse to distribute any Content on the Services and to suspend or terminate users with a 15-days termination notice, or reclaim usernames, in compliance with the present Terms and our Data Use and Protection Policy, without any liability being incurred towards you.
Any Administrator may create one or several Networks dedicated to one or several Equipment categories, subject not to contravene the rules in force or third-party rights.
Consequently, the Administrator is responsible for all the Content of this Network. He has to define their nature, the Network Policy, their access and withdrawal modalities from the Network, and the Content storage modalities and criteria. The Network Policy shall not contravene the present Terms and will have to expressly contain the following sentence:“The Network Policy is subject to the provisions of the Terms of company Mobility Work, in force on the day of use of the Service by the User”.
The Administrator duly authorizes Contributors to publish, according to the duties defined in the Network Policy. The Administrator will be responsible for all the User’s activity. The Administrator will also be able to assign other Users as Administrators.
6.2 Default privacy settings of the Networks
Networks are necessarily accessible only by the Users who are members of the Network, as authorized by the Network’s Administrator. The Administrator and the Client will be liable for the Users’ agreement to the present Terms, and guarantee the accuracy of the information disclosed, particularly regarding identity theft.
The Administrator and the Client will be held liable for compliance to the Network Policy by the authorized Users. Nonetheless, they may report to Mobility Work any infringement of said policy by a User or a Contributor. If such also implies infringement of the present Terms, Mobility Work reserves the right to block the access to these Services to said User or Contributor in pursuance of the conditions defined in the article 5.2.
6.3 Network open to other Users outside the Administrator’s Group
The Administrator may choose to set to public all or part of the Content available on the Network(s) he is responsible for, under his sole responsibility, especially regarding the privacy commitments he may have determined for his suppliers and/or clients and regarding the nature of his activity.
This Content will be compulsorily anonymized (first name and first letter of the last name).
6.4 Consultation of others Contents published on other Networks
The Client and his Users is/are solely responsible for using what he/they do(es) with the information on the Networks he/they do(es) not control, under the conditions laid down by the present Terms.
7. AVAILABILITY OF THE APPLICATION – FORCE MAJEURE
As a matter of principle, the Application is accessible 24/24h, 7/7j, except in case of interruption, planned or not, for maintenance purposes or in case of force majeure according to French courts, including natural disasters, earthquakes, storms, flood, fire, etc., armed conflict, war, conflict, attack, labor dispute, total or selective strike within Mobility Work or its suppliers, service providers, carriers, post offices, public services, or mandatory injunction from the Government (importation prohibition, embargo).
To the extent possible, Mobility Work will inform the Users in advance of the maintenance operations or updates. The Administrator will be in charge of informing its Contributors. Mobility Work shall not be held liable by the Client regarding the functioning and the exploitation of the Application. The Client is responsible for taking the necessary measures to save information, which are essential for his activity (in particular the maintenance task calendar).
Mobility Work’s liability shall not be engaged in case of failure, inability to access, or faulty conditions of use of the Application due to an ill-adapted Piece of Equipment, to disturbance related to the Client’s access provider, to the Internet network congestion, and/or for any other reason out of Mobility Work’s control.
Being subject to a best-efforts obligation, Mobility Work shall not be held liable for direct or indirect damage of any nature whatsoever undergone by the Client and/or any User resulting in particular from the unavailability of the Application and/or data loss (including copies or savings that the Client or Users could have made), or the loss of turnover.
8. PRIVACY – SECURITY
a. Which data is collected, and how and with whom are they shared?
Read our Data Use and Protection Policy.
b. Private data
The Parties reciprocally agree on a general duty of confidentiality, which applies to any written or oral confidential information, regardless of their nature or support, shared within the preparation or the execution of the Service, with the exception of information which is or subsequently becomes known or available to the public other than through the fault or negligence of the Client or of the Users.
Consequently, the Parties agree:
- Not to disclose any confidential information, in particular not to disclose or communicate, in any way, directly or indirectly, all or part of the confidential information, to whoever it is, without express prior written authorization of the other party;
- Not to use all or part of the confidential information for a specific purpose or any other activity than the Service execution;
- Not to make any copy or imitation of all or part of the confidential information without prior written authorization of the other party;
- That any information of a confidential nature will be disclosed to a third party only with the prior express written authorization of the issuing party, except in case of imperative request from a competent public authority pursuant to a legislative or statutory text.
The information will remain confidential during the whole period of execution of the Service, and during the period of legal prescription regarding record-keeping duties for each party.
c. Data set to public
Mobility Work reserves the right to use all or part of the information set to “public” by the User, for specific purposes, or for an activity related or not to the Service execution, in compliance with our Data Use and Protection Policy.
Equipment enabling to access the Service are at the Client’s and the Users’ responsibility, as well as the resulting telecommunication costs. It is the Client and User’s duty to have the necessary skills, equipment and software in order to use the Service. The Client and the Users are also solely responsible for the choice and the effective implementation of the protection and security means available on the market on their computing equipment in order to protect their Network(s) and Content(s).
The Application uses procedures that apply to this field, which are updated in order to protect all the Content (record-keeping procedures). With the option “data back-up”, the Content is saved every 24 hours and stored on two different servers, enabling the availability and the permanency of the Content.
Content is hosted by Amazon Web Service in Frankfurt, which provides all required guarantees in terms of security and data protection (for more information: https://aws.amazon.com/compliance/data-privacy-faq/).
We also use additional services from specialized companies in order to guarantee Content protection. The list of said companies may be sent to you by request, by registered letter with acknowledgement of receipt to the following postal address: Mobility Work, 44 rue de Lisbonne, 75008 Paris, France, or to: [email protected]
Although every effort possible is made to protect all the data shared through the Content, Mobility Work cannot guarantee the security of every piece of information shared online because of the intrinsic properties of the Internet. Mobility Work shall not be held liable for the inadvertent theft, destruction or disclosure of the Client’s and/or Users’ data.
It is the Client’s or the Users’ duty to evaluate, under their sole responsibility, the Content which may be published, and when applicable, to take the appropriate measures in order to protect their data.
9.1.1 Regarding the Content
It is the Client’s duty to ensure that the storage and the diffusion of this Content via the Application respects the following rules:
- Contributors of his Network(s) have to publish accurate Content, and particularly, shall not act dishonestly by publishing inappropriate, deceptive or reprehensible content. They shall not copy any information which veracity and relevance has not been proven. The Client acknowledges that any Content publication on his Network(s) makes him liable towards any third party.
- Contributors of his Network(s) shall not infringe any mandatory rule of confidentiality, regarding their branch of activity, and the confidentiality agreement they may have agreed on with suppliers and or customers; it is their duty to take the appropriate measures.
- Contributors shall not publish any undesired or unauthorized advertisement, in particular under the form of a “junk mail”, “spam”, or any other form of unauthorized or illegal solicitation towards Users of the Application.
- Contributors shall not transfer or give access to the Service to a third party.
- Contributors shall not provide any service using Mobility Work’s Services without a previous written authorization from Mobility Work.
- Contributors shall not publish any backlink to third party websites, logos or company brand name without a previous authorization from the third party concerned.
9.1.2 Respect of the rights of the third Parties and of the public order
The Client and the Users shall ensure that the storage and diffusion of the Content published on their Network(s) do not:
- breach any intellectual property right of a third party, in particular regarding patents, trademarks, commercial secrecy, author’s rights or any other property right; and/or
- Copy or use information, contents or data of other Users available on the Application, for other purposes than predicted and duly authorized; the Client and the Users shall not rent, let on lease, borrow, sell/resell access to the Service or any information or data collected when visiting the Application. It is the Client’s and the Users’ duty not to use the Service in order to communicate information to the competitors of their own suppliers; and/or
- Attack people (including slander, insults, offense, harassment, denigration, discrimination, etc.) and/or privacy (unauthorized disclosure of nominative information of other Users, etc.); and/or
- Disrupt public order (including incitement to terrorism), and to morality (including justification of crimes against humanity, incitement to racial hatred, pornography, including pedophile pornography, etc.).
9.1.3 Functioning of the Service and respect of the Application’s intellectual property
The Client and the Users undertake not to:
- Circumvent the Application’s and the Services’ security features
- Disturb the Application’s and the Service’s functioning, or impose a disproportionate load on the servers (e.g. spams, service denial attack, bugs, game algorithm); and/or publish Content in any form containing bugs, or any other dangerous/harmful code;
- Make reverse engineering, decompile, disassemble, decipher, or generally trying to get the source code of the Application or any related technology, or part of them, unless legal mandatory provisions of restrictive application:
- Manipulate User names in order to dissimulate the origin of any publication or any message shared through the Service;
- Use any technique to mimic the design or the functioning of the Application; use software, device, manual programming robots or automatons or any other means to access, “decompile”, “analyze”, “index” the Service or any data or related information;
- Copy, modify or create derived works of the Service and delete all references to intellectual property right appearing on the Application.
· In consideration for Mobility Work granting you access to and use of the Services, you agree that Mobility Work and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
· You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Mobility Work’s computer systems, or the technical delivery systems of Mobility Work’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Mobility Work (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Mobility Work; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Mobility Work, its users and the public. Mobility Work does not disclose personally-identifying information to third parties except in accordance with our Data Use and Protection Policy.
9.2 Procedure in the event of abuse
You shall report any abuse you experience on the Application:
- As soon as it comes to his attention, by reporting any information regarding a Content allegedly contrary to legal provisions in force, or violating these Terms, by sending an email to[email protected], or by registered letter with acknowledgement of receipt to the following postal address:
- Mobility Work, 44 rue de Lisbonne, 75008 Paris, France
- By informing Mobility Work about any complaint or action from a third party regarding the Network, in the same forms
- By answering as soon as possible to an information request from Mobility Work.
The Client guarantees and ensures compliance to this obligation by all the Users of his Network(s).
Consequently, the Client and the Users acknowledge and agree that the data provided by the Users through the Content shared within the Networks, as well as their behavior or any remark, may be reported by other Users. In case such conduct constitutes a violation of the present Terms, laws or regulations in force, provisions of article 5.2 may be applied.
In the event Mobility Work’s liability is incurred due to a Contributor’s breach of his obligations, the Client undertakes to guarantee and hold harmless Mobility Work against any conviction, claim or judgment relating so such. This guarantee covers any damage Mobility Work would have to pay, as well as legal and consulting fees which it would have to incur.
9.3.1 Liability of the Client
By publishing directly any kind of content on the Application or through his Users, the Client shall respect the legal and regulatory provisions in force as well as these contractual dispositions.
The Client is solely liable for any publication on his Network(s), and has the duty to delete any litigious content.
The Client guarantees and ensures compliance to the present Terms by the Users of his Network(s) towards Mobility Work.
9.3.2 Liability of Mobility Work
We take all necessary measures related to the providing of our Services in order to maintain a safe, secure and error-free environment. However, we cannot guarantee that our Services will always be available without any interruption, delay or error. If reasonable expertise and attention have already been applied, we decline any liability for: losses which are not caused by any breach on our part of the present Term or by us; losses which could not be reasonably anticipated or avoided when the present Terms were concluded; any offensive, inappropriate, obscene, illegal or any other reprehensible Content published by any other person that you might have to deal with on our Services; and any other event outside of our reasonable control.
a.Use of Content
Mobility Work shall in no way be liable for any damaging consequences that may arise from the use of the information published by the Contributors, whether or not they belong to the same Network. In this respect, the Client confirms that he has taken all the necessary assurances to cover his liability, in particular in the event of physical injury caused to another User due to a Content misinterpretation on the Network to which he belongs or on another Network.
Mobility Work is not responsible for repairing the damaging consequences of the faults committed by the Client or Users or third parties in relation to the execution of the Service.
Under no circumstances will Mobility Work be liable to compensate or indemnify for any non-material or indirect damages such as: business interruption, loss of profit, loss of business opportunity, commercial prejudice.
b. Nature of Content
Mobility Work shall not be held liable in any way regarding the information stored, if it was not actually aware of their unlawful character or if from the moment Mobility Work learned about this unlawful character, Mobility Work took action rapidly to take it off or to block the access to it.
Mobility Work reserves the right or may be legally obliged to delete immediately and without prior notice any Content or to suspend any Network which would be contrary to French law, or which would disrupt French public order or the rights of a third party, without prejudice to closing of the corresponding account. In particular, any Content which may (but are not necessarily limited to these situations):
- Be detrimental to Mobility Work’s brand image or reputation through provocative messages, texts, or images (political, religious, pornographic, racist, negationist, insulting, illegal content, etc.)
- Infringe privacy rights of the individuals, being Application Users, or other.
- Harm Contributors or Users under 18 in any way, to incite them to endanger themselves in any way;
- Breach intellectual property rights (in particular regarding photos and texts), or any other property right belonging to other third parties.
In such case, such Content may be removed pursuant to the conditions detailed in article 5.2, and/or the affected account(s) may be deactivated without any further formality.
Furthermore, it is recalled that the Client and any User may incur personally criminal sanctions specific to the litigious Content (including imprisonment, and fines), in addition to a potential order to pay damages.
10.1 Intellectual property rights of the Client
The Client shall remain the sole owner of the intellectual property rights related to the Content published in his network(s) whether used for its personal or professional account.
Mobility Work shall not obtain any property right over this Content. If applicable, the Client guarantees having the required rights and authorizations from the beneficiaries in order to share Content, with the provision to be held liable in the manner laid down in article 9 of the Terms, and to have paid the potential rights and fees to the collective management societies.
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) subject to the present terms and conditions. This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Mobility Work to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Mobility Work, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
Mobility Work has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind.
You declare and warrant that you have, or have obtained all the rights, licenses, consents, authorizations, power and authority necessary to grant the rights granted herein to any Content that you submit, post or display on or through the Services. You agree that the Content or part of the Content is not copyrighted or subject to any other property right, unless you have the author’s permission or that you are legally allowed to publish the Content and to grant the license mentioned above to Mobility Work.
10.2 Intellectual property rights of Mobility Work
The Application and all related intellectual property rights and elements related to the Application is Mobility Work’s exclusive property.
Mobility Work grants the Client and his duly authorized Users a personal, non-exclusive and non-transferable right of access and use of the Application, subject to the acceptance and respect of the present Terms by the Client. Any other right is expressly excluded without a prior written agreement from Mobility Work.
The content (different from the Client’s Content, and the Content of the other Clients) included or accessible on and/or through the Application, in particular any text, graph, logo, name, trademark, designation, tab, feature, picture, sound, data, picture, chart, or any other material or software, remains Mobility Work’ sole property. It is protected by the intellectual property right, and is subject to applicable laws and regulations.
These elements shall not be downloaded, copied, altered, modified, deleted, distributed, passed, spread, sold, rented, granted or exploited (entirely or partly) in any way, without Mobility Work’s written express agreement. The Client agrees not to use or exploit these elements to any other purpose than defined in the present Terms. Additionally, except in case of restrictive mandatory legal provisions, the Client is not authorized to modify, improve, edit, translate, decompile, disassemble, or create one or several derived work from the Application (entirely, or partly), or except if he has been expressly given the right to do so by Mobility Work or by the owners of this (these) content(s) under a separate agreement.
Finally, Mobility Work might use open source software, and put them at the Client’s disposal respecting its licenses. Contributors may reuse this software subject to respect of the same conditions.
11.PERSONAL DATA use and PROTECTION
We collect and use your Personal Data in order to provide you with the Services described above. We expressly invite you to read our Data Use and Protection Policy, which forms an integral part of the present Terms.
12.OBLIGATIONS OF THE CLIENT TOWARDS MOBILITY WORK – cooperation obligation
12.1Client’s duty towards Mobility Work
The Client and the Users shall respect the provisions of French law of 6 January 1978 (French “Data Protection Law”, or “LIL”), the breach of which is a criminal offence.
The Client and the Users in particular shall not, regarding the Personal Data of other Users to which he has access, due to the collaborative character of the Application, collect, misuse, and generally, do anything likely to infringe on privacy rights or on the reputation of the Parties. Whenever they have access to Personal Data from other Users who do not belong to their Network, such requires the agreement of such party.
Furthermore, the Client is, in accordance with the LIL and the GPRD, the data controller of his employees, subcontractors of all the Personal Data he might be able to collect and treat for them, and agrees to respect applicable regulations.
12.2 Duty of Cooperation
In case of dispute or complaint against the Parties or one of them by the person concerned or by the authority in charge of controlling the Personal Data treatment, the Parties shall inform each other about these disputes or complaints and cooperate in order to reach an amicable settlement as soon as possible.
A User can contact any other User from his Group or outside the Group and can exchange directly though messages about the Content.
Exchanges between Users are anonymous and private by default.
13.EXPLOITATION OF THE CONTENT BY MOBILITY WORK
Subject to provisions defined in article 8.1, Mobility Work reserves its right to exploit Public Content.
14.MESSAGE EXCHANGES BETWEEN USERS
Subject to terms defined under article 9.3.2.b., Mobility Work shall not be held liable regarding the content of the messages exchanged between different Users.
15.DUPLICATE OF AN OFFICIAL PRODUCT BY THE USER
If the User duplicates an Official Product, he creates a Piece of Equipment, which Content is public. The Official Supplier might have access to the content and information relative to this Piece of Equipment (profile who created the Piece of Equipment, intervention time, name of the machine, equipment associated to this Piece of Equipment).
On the other hand, if a User creates a Piece of Equipment which has not been duplicated from an Official Piece of Equipment, then, said Piece of Equipment remains private, and the other Users as well as the Official Supplier will not have access to information relative to this Piece of Equipment, unless the User sets its to “public visibility".
Any User or Official Supplier may access to the Public Content of another User. The Official Supplier may contact directly the User whose content is public. The User will decide to answer or not to answer this contact request.
17.PROOF, PRESERVATION, STORAGE
Computerized registers stored in Mobility Work’s systems, which comply with the regulations regarding security, will be considered as proofs of communication, such as emails, subscription forms, downloaded videos and comments posted. Subscription forms storage is carried out on a support whose nature guarantees the truth and sustainability required by the legal provisions in force. It is agreed that in case of divergence between Mobility Work’s computerized registers and the documents under paper or electronic form owned by the Client, only Mobility Work’s computerized registers will be considered.
18.MODIFICATIONS TO THE TERMS
We are constantly trying to improve our Services and to develop new features to provide you and our community with better features. As such, we may revise the present Terms from time to time, in order to comply with our Services and practices.
Other than for changes addressing new functions or made for legal reasons, we will notify you 15 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
We hope that you will continue to use our Services, but if you don't want these revised Terms to apply to you and that you no longer want to be part of the Mobility Work community, you may delete your account at any time.
All Users shall have the possibility to delete their account at any time through their profile settings. The Client, through the Administrator, shall have the right to cancel his account or an account of his Network according to the conditions defined in article 5.1.
The present Terms may be available in several languages. In such case, in case of conflict or contradiction between the stipulations of the different version of the present Terms, the French version shall prevail.
20. applicable law and JURISDICTION
The present Terms are governed by French Law.
In case of dispute regarding the execution, performance, interpretation or termination of the present Terms, the Parties shall, in good faith, endeavor to resolve such dispute amicably.
In the event Parties fail to reach an amicable solution, and subject to mandatory provisions, the Courts of the place of Mobility Work’s registered office shall have sole jurisdiction in the event of any dispute relative to the present Terms.