Terms & Conditions
Terms and Conditions of Use Moovance Mobile Application by Moovance SAS
Moovance SAS’s Moovance Mobile Application can be used to improve road safety, track your transport modes, and estimate your carbon emissions. The app helps help users adopt safer and greener mobility with a range of services and products consistent with this mindset. Use of the application is expressly subject to the user’s prior acceptance of the Terms and Conditions of Use (TCU) herein.
Article 1 – Definitions
Mobile Moovance Application by Moovance SAS: refers to the Publisher’s application accessible via compatible mobile devices (smartphone). The application includes various Services:
– A service for configuring the user profile,
– A module for analysing road risks,
– A module for presenting CO2 emission results for trips,
– Features for receiving safe driving recommendations,
– Estimates and tracking of CO2 emissions based on recorded trips and transport modes,
– Fun features for joining challenges and earning rewards,
– Offers of services and products related to sustainable mobility,
– Trip data uploads to servers operated by the Publisher (Moovance SAS) and its telematics provider (Drivequant).
Moovance TCU: refers to the Moovance Mobile Application’s Terms and Conditions of Use herein.
Data: refers to all the information collected and processed by the Publisher. They include Geographical Data and Processed Data.
Geographical Data: refers to data, not linked to an identifier, transmitted from the GPS sensor of the User’s mobile phone to the Publisher’s server, including the position of the vehicle (latitude, longitude, speed).
Processed Data: refers to data calculated by the Moovance Mobile Application using the Geographical Data, and an identifier such as detected road risks or the User’s vehicle type.
Publisher: refers to the Moovance Mobile Application’s provider: Moovance SAS is a simplified joint-stock company with registered headquarters at: 229 rue Saint Honoré Paris 75001, SIRET: 90292172500013
Services: refers to the features offered to the User on the Moovance Mobile Application
User: refers to any physical person with a compatible mobile device, acquired through ownership or possession, that uses the Moovance application after having accepted the TCU. The user must be a physical person in possession of a valid driving license.
Article 2 – Object
The purpose of these Terms and Conditions of Use is to define the terms and conditions under which the Publisher grants the User the right to use the Mobile Application on a personal, non-exclusive and non-transferable basis. They constitute the contract that binds the Publisher, the Company and the User of the Mobile Application.
Article 3 – Mobile Application Characteristics
3.1 – Presentation and operation of the Mobile Application.
The Mobile Moovance App analyses and monitors each User’s driving performance to help them adopt more prudent and environmentally friendly driving. The Mobile Application uses the GPS sensor to record Geographic Data during trips. After a trip, the Mobile Application sends Geographic Data recorded during the trip and evaluations made to the servers operated by the Publisher and its telematics provider to help the User analyse their behaviour more accurately, to identify their margin for improvement, and to monitor their progress.
The Mobile Application also records performance data linked to a User ID and unidentified raw data (GPS coordinates and vehicle speed). These data are recorded on the servers operated by the Publisher and its telematics provider, then processed to provide overall statistics about the entire User community.
3.2 – Accessing the Mobile Application
The User can download the Mobile Application on their compatible mobile device directly from their terminal, free of charge, using the following download platforms:
– Apple Store
– Google Play Store.
Subject to third parties’ agreement, the Mobile Application is available on the Internet network to any User with access/connection to the Internet. Said User is solely responsible for their correctly functioning computer equipment and Internet access.
3.3 – Creating a User Account
The User must create a user account in the Application to access the Mobile Application service. The authentication procedure requires the User to create a username and password. Usernames and passwords are personal and confidential. The User is solely responsible for this confidentiality. We advise the User to choose a strong password to guarantee secure access to the Application.
They are then asked to enter the transport modes they use: Subway/Tram, Bus, Bike, Train and vehicles.
Users can enter the vehicles they use by creating them in the Mobile Application. To create a vehicle, Users can choose between:
– Identifying the vehicle by registration number (optional); the Mobile Application then directly searches the specific characteristics of the vehicle, including model, fuel/energy type, production year, and horsepower; in this case, the User is informed that they authorise the Mobile Application to access technical data related to their registration in order to automatically fill out the vehicle description. The User is informed that they may object to use of their data for commercial purposes. To do so, they must address a request to the pertinent authority in the precinct of their choice;
– Identification without using the vehicle’s registration number: in this case, the User indicates the type of vehicle (sedan, city car, minivan, SUV), fuel/energy type (petrol, diesel, hybrid, electric), production year (within a range of 5 years), horsepower (within a range). Note: using this vehicle identification method means feedback available to the User is not as precise as when the vehicle is identified via the registration number according to their use of the Services, which the User acknowledges and accepts when they choose this method.
The User guarantees the Publisher that information provided in their Account is accurate and valid. The User undertakes to modify any change to their Account without delay. The User acknowledges and agrees that information entered to create and update their Account, including the e-mail address, password and username, are proof of their identity.
In the event that information provided by a User proves to be inaccurate, incomplete or not up to date, the Publisher reserves the right to immediately, temporarily or permanently suspend access to Services and the Mobile Application without any recourse to compensation, in which case the Publisher may also terminate the contract in accordance with the provisions of Article 10 below.
3.4 – Free Mobile Application
The use of the Mobile Application is free of charge for the User throughout the period of use.
However, access to the Mobile Application does not include data communication allowing access to services (GPRS, Edge, 3G, Wifi) or any costs for accessing Mobile Application Services, such as hardware costs for purchasing a mobile device and any mobile Internet access costs, which are the User’s financial responsibility according to the rates stated in the contract with their telecommunications operator for their mobile device.
Article 4 – Acceptance of Terms and Conditions of Use
Downloading, and if applicable, using the Mobile Application, implies unconditional acceptance by the User of the Terms and Conditions of Use in their entirety.
Article 5 – Applicable date of Terms and Conditions of Use
The Terms and Conditions of Use take effect on the date of the first connection to the Mobile Application. The Terms and Conditions of Use are binding for all Users from the date the Mobile Application was downloaded and for the entire duration of use.
Article 6 – Publisher’s Obligations
The Publisher provides all skills and care necessary to ensure the provision and correct functioning of the Mobile Application, but shall not be held liable for ensuring the User’s obligations. The Publisher reserves the right, without prior notice, to permanently or temporarily suspend the use of all or part of the Mobile Application, particularly for updates, changes, maintenance, and, more generally, for any other technical or organisational purpose. As a result, the Publisher shall not be held liable in any way whatsoever or for any reason whatsoever, particularly in the event of temporary or total unavailability of all or part of the Mobile Application, for response time related difficulties, and, more generally, for a lack of total or partial performance of the Mobile Application.
Article 7 – User Obligations
The User undertakes to use the Mobile Application and follow its instructions in compliance with rules in force at the time of use, particularly traffic regulations, in situations involving no danger to themselves or to third parties. The publisher recommends that Users do not enter information into the application while the vehicle is moving. The Publisher shall not be held liable in the event of an accident. The User is fully responsible for Mobile Application usage. Users are invited to advise the Publisher of any malfunctions by e-mail: firstname.lastname@example.org.
Article 8 – Location Permission
Location permission is necessary for the Mobile Application and allows for guiding Users more precisely from their position. Location permission uses GPS/A-GPS technology to capture signals from GPS satellite antennas. The User’s mobile device then calculates the position itself. The User can disable the location permission in their cell phone settings at any time. If a User disables the location permission, the application’s features will no longer be operational and no driving score will be obtained. The User can access maps (i.e. details of trips they created) which cannot be sent to third parties without their permission.
Article 9 – Data Processing
In accordance with the Data Protection Act of January 6, 1978, the Publisher undertakes to ensure optimal protection of Users’ personal data.
9.1.- Publisher’s Identity
Data is collected by the Publisher on behalf of the User and in their name. Data is intended for exclusive use by the Publisher. Transmission of Data to third parties is subject to prior User agreement.
9.2 – Data Processing
The Publisher collects no sensitive data concerning its Users, such as racial or ethnic origins, political, philosophical or religious opinions, or any data regarding User’s trade union membership, health or sex life. The Publisher collects data during Mobile Application use in order to:
– Allow Users to use the Mobile Application
– Collect statistics to improve Users’ driving
– Allow the Publisher to organise driving challenges based on User scores uploaded via the Application
– In-house research.
– Send promotions, subject to authorisation by the User to transmit their information to third parties.
9.3 – Data Transfer/Hosting
No data is transferred outside the European Union. The services operated by the Publisher and its telematics partner are integrated on servers hosted in France: XXXXX.
9.4 – Data Retention
Data shall not be stored for more than three months after the end of the User’s use of the application.
9.5.- User Rights
Where applicable, and in accordance with the aforementioned Data Protection Act, Users have the right to access, correct, and oppose use of their personal data. Each User may exercise this/these right(s) by e-mail to the following address: email@example.com, or by post to the aforementioned address with proof of identity.
Article 10 – Term – Termination
The Mobile Application services are provided by Moovance to Users via download. However, the Publisher may terminate provision of the Mobile Application at any time in accordance with Article 6 of the TCU. The User may refuse to use Mobile Application services at any time.
Article 11 – Intellectual Property
The Publisher is the exclusive owner of all intellectual property rights for the design and implementation of the Mobile Application (including visual identity, content, tabs, features, etc.) with the exception of Geographical Data. The Mobile Application is the Publisher’s exclusive property. Except as provided by law, it is expressly prohibited for the User to copy, modify, improve, edit, translate, decompile, create a derivative work, reverse the design or assembly or attempt to find the source code in any other way, sell, assign, license or transfer in any way whatsoever all or part of the Mobile Application without the Publisher’s prior written consent. Any reproduction, representation, use of any nature and for any purpose whatsoever, of all or part of the Mobile Application, particularly its structure and/or its content, without the prior written authorisation of the Publisher, constitutes counterfeit.
Article 12 – Liability
Information in the Mobile Application, including maps, is provided for informational purposes. The Publisher cannot guarantee the information in the Mobile Application contains no errors, nor guarantee it is complete or up to date. Consequently, the Publisher shall not be liable for the User’s use. The User acknowledges that the Publisher cannot be held liable, in any way or capacity whatsoever, for direct and/or indirect damage, including in the event of non-exhaustive data, relating to Application use. The User is solely responsible in this respect. As a result, the Publisher cannot be held liable for any decisions of any nature that may be taken by the User based on information accessible via the Mobile Application services. The Publisher reserves the right to take any action necessary to guarantee full respect of User obligations. The User is responsible for how they use the information provided by the Publisher via the Mobile Application, and must therefore ensure they have all the elements necessary to make a decision in their own interest.
Article 13 – Changes to Terms and Conditions of Use
The Publisher reserves the right to change, for any reason whatsoever, particularly for updates, in any capacity whatsoever, and at any time, all or part of the Mobile Application’s Terms and Conditions of Use. As a result, the User acknowledges and agrees that no compensation of any kind whatsoever may be granted to them in this respect. Changes to the Mobile Application and/or the Terms and Conditions of Use are valid on the date of their posting in the Mobile Application, and are applicable on the date of the User’s first use following the applicable date of said changes. The Publisher recommends that the User refers, as much as possible, to the latest available version of the Terms and Conditions of Use in the relevant tab of the Mobile Application.
Article 14 – Communication
For any question and/or complaint concerning a technical problem related to the Mobile Application, Users may contact the Publisher by e-mail: contact@ moovance.fr.
Article 15 – Applicable Law and Jurisdiction
The Terms and Conditions of Use and the use of the Mobile Application are governed by and interpreted in accordance with French law, and are exclusively the remit of French courts. Any disputes that may arise during the execution of the Terms and Conditions of Use and/or their interpretation shall be brought before the competent Paris courts.
Article 16 – Complaints – Disputes
Complaints or disputes shall be received with attentive goodwill. In the event of a dispute, the User must first attempt to reach an amicable solution by contacting the Publisher via e-mail at contact@ moovance.fr, or by post at the following address: Moovance, 229 rue St Honoré Paris 75001