Terms of use
If you do not accept these terms and conditions, you may not use our Services. For any questions you can contact us by sending an e-mail to the following address: contact@solimobi.com
These Terms of Use in their version dated:
(hereinafter referred to as “CGU”) are a contract which is formed between:
“We” , SoliMobi, Société par Actions Simplifiée, located at 30 rue Kléber 93400, registered at the Bobigny RCS under number 823 829 619, and “You” , any natural person who uses our services for any reason whatsoever. In accordance with the laws of your country of residence, you must be of legal age and have the right or have been authorized to contract with us.
Our Terms are intended to set the terms and conditions in which you can use our Services defined below. In the event that you access other services that we publish that are not described below, you must read and accept the terms and conditions specific to these other services prior to their use.
1. Definitions
1.1. “Content”: means all the elements that make up our Services, which are made available to you, delivered, communicated, provided or displayed in the framework, by means of or for the purposes of providing our Services. They include in particular all texts, images, drawings, graphics, photographs, sounds, music, videos, multimedia works, files, data, databases, software, computer codes, brands, names, logos and more generally all contents, elements or information that may be protected by a material or intellectual property right.
1.2. “Platform”: all the software, algorithms, graphical interface, application (mobile or web) as well as the reporting tools and the reports themselves of operation and use as well as any other digital element developed by SoliMobi, alone or with third parties owned or controlled by SoliMobi allowing access to the Services. The Platform is a SaaS that is operated by SoliMobi alone or with subcontractors.
1.3. “Service.s”: means the Services covered by these TOS, that is to say, the Content, the Platform and the connecting services of citizens sharing their journeys on foot, by public transport, by bicycle and by scooters using the Platform.
1.4. “Terminal”: means any equipment, machine, material or object with which you access our Services (computer, tablet, smartphone, connected object etc.).
2. Acceptance of terms of use
2.1. Any use of our Services is subject to the absolute condition that you accept without reserve all the rules defined in these Terms. Acceptance of the T & C is concretized concretely by ticking a box provided for this purpose or by clicking on a button of acceptance of the TOS at the time of the first use of the Service and / or the download and installation of the ‘mobile app.
2.2. If you do not agree to any of these rules, then you have no right to use our Services and therefore will not be able to use them.
2.3. For the good management of our Services (especially for the addition and removal of features), we can at any time modify the Terms. Each new version immediately replaces the previous version. Each new version of our TOS will be posted on our website at the following address: https://solimobi.com/cgu/ and you will be informed by sending an e-mail to the address used. when creating your account. If you do not accept the new version of the Terms, then you have no right to use our Services and must stop using them.
2.4. You will also be able to access any new version of the GTU from https://solimobi.com.
2.5. You are therefore invited to refer to the applicable terms and conditions when you use the Services.
3. Access to our Services
3.1. We provide the possibility to access the features of our Services to the extent that you already have access to the internet. The costs related to the existence, maintenance and quality of this access, whether it concerns the purchase and maintenance costs of all necessary equipment (including the Terminal), internet access fees , subscription fees or fixed or mobile electronic communications are exclusively your responsibility. You are solely responsible for the proper functioning of this equipment and access.
3.2. We make our best efforts so that you can access our Services without interruption and in the best possible conditions. However, we are not obligated to have our Services available on an ongoing basis. You expressly agree that for any reason, including any maintenance or administration, we may suspend access to all or part of the Services and / or to certain functionalities and / or certain Content for a period that remains at our discretion.
3.3. We are also free, apart from a separate specific agreement clearly stating otherwise, to terminate our Services temporarily or permanently without any prior conditions or delay. You therefore have no right to maintain the existence of our Services or any compensation in the event that we decide to suspend our Services or terminate them permanently.
3.4. In addition, if you do not comply with these Terms, we reserve the right to suspend, limit or terminate your access to the Services.
3.5. You do not have any automatic or absolute right to access our Services or maintain access. Any temporary or permanent stoppage of access to our Services, whatever the reason, gives rise to no compensation or compensation.
4. Creating, managing an account
4.1. Overview
4.1.1. To access the Services, it is necessary to create a user account, which is a dedicated area of our Services that you can access to manage information about you. This account remains our property, you only have a right of access to this account to facilitate your use of our Services.
4.1.2. You do not automatically have the right to create a personal account to access our Services. We reserve the right to refuse your registration or to terminate it temporarily or permanently for any legitimate reason, including non-compliance with these Terms.
4.1.3. To create an account, you must be a natural person (according to the laws of your country of residence) and able to contract with us.
4.1.4. The creation and management of your account must comply with the principles set out in the “Rules of Conduct” section below.
4.1.5. Your account is strictly personal and unique, you can only create one account. With the exception of our administration rights, it can only be created, managed and deleted by you, it can only contain information about you, you are the only one authorized to access it and you must never communicate your username or password to a third party. We recommend that you change your password every year. You are responsible for maintaining the confidentiality of your username and password.
4.1.6. You formally agree to provide the information necessary to create your account honestly, sincerely and to keep the information up to date in case of modification. You also agree to the right to disclose such information to us and not to infringe any rights of third parties, including the right to privacy and intellectual property rights.
4.1.7. We are in no way responsible for the quality, accuracy, nature or content of the information you provide to us or any other user of our Services.
4.2. Creation
4.2.1. Creating an account requires the following information about you: last name, first name, date of birth, e-mail address. Other optional information may also be required to ensure a better experience of the Services (reason for travel, interests etc.).
4.2.2. In order to increase the level of confidence offered by SoliMobi and for the sole purpose of securing your use of the Service, a profile picture is strongly recommended.
4.2.3. You also have the possibility to connect to SoliMobi via your Facebook account, provided you have such an account. You will then have to accept that SoliMobi and Facebook share some information about you. You further agree to use the Facebook, Facebook Connect or any other associated or ancillary services necessary for their use and acknowledge that SoliMobi is under no conditions responsible for these services for any reason whatsoever (quality, durability, price , management of personal data, etc.).
4.2.4. If you use the Services through your employer, you may be asked for additional information (professional email address).
4.2.5. We reserve the right, especially when creating your account (especially by sending a confirmation email) but also afterwards, to ask you to confirm this information in order to ensure the best possible level of trust of each user with regard to the Service.
4.3. Management
4.3.1. The management of your account requires that the following fields are not changed: last name, first name, date of birth. The other fields can be updated.
4.3.2. In order to ensure the best customization of the Service, you will be asked to provide information to connect with other users such as your recurring journeys, hourly and daily frequencies, your interests and other information of this nature.
4.4. suppression
4.4.1. Your account will be automatically deleted if you do not use the Services for a continuous period of twenty-four (24) months.
4.4.2. You can delete your account at any time via the Platform.
5. Data and cookies
5.1. Statistic data
5.1.1. We inform you that we may collect anonymous data for the statistical analysis of the use of our Services. This data does not contain any personal data and does not present any impact or threat to your privacy. We may share this anonymous data with third parties for the purpose of improving the quality of our Services, especially if you access the Services in the context of a partnership between SoliMobi and your employer.
5.2. Personal data
5.2.1. The collection and processing of personal data about you are carried out by SoliMobi or its service providers in accordance with the provisions of Law No. 78-17 of 6 January 1978 amended, relating to data, files and freedoms. This information is intended for use exclusively by us and our service providers in order to ensure the reliability, security and commerciality of our Services.
As such you can exercise your:
– Right of access: to know the data that an organization holds on you – To know more
– Right of portability: to receive the personal data which you provided us in a structured format, commonly used and readable by the machine
More information
– Right of rectification: to request the rectification of inaccurate or incomplete information concerning you – To know more
– Right of opposition: to refuse the use of your data – To know more
– Right to the deletion: to delete your data on line – To know more
The file manager must explain to the persons concerned the procedure for exercising these rights in practice. The file manager has two months to respond to requests.
Learn more about the different rights you have in terms of personal data.
5.2.2. Shelf life of the data:
Your account will be automatically deleted if you do not use the Services for a continuous period of twenty-four (24) months and your personal data will be deleted after (36) months maximum.
The SoliMobi Platform is declared to the Commission Nationale Informatique et Libertés (CNIL) under the following declaration number: 209 05 03.
5.2.3. This information is intended for use exclusively by us and our partners in order to ensure the reliability, security and commerciality of our Services. Unless explicitly stated otherwise, we never disclose it to other users.
5.2.4. The acceptance of the processing of your personal data by us or by our service providers is an essential condition for the use of our Services.
5.3. Cookie Policy of SoliMobi
5.3.1. What are cookies? What are they for ?
Cookies are small text files stored on your computer or device when you visit websites. They help to understand how Users navigate our Platform to make improvements. Cookies make interactions with our Platform easier.
5.3.2. The cookies used by SoliMobi and their uses
Functionality cookies
They are used to recognize you when you return to our Platform. They allow us to offer you custom features and browse our site more easily.
Examples: to be able to connect to our Platform without having to re-enter your e-mail and password or to fill in the language of your browser
Analytics and performance cookies
They allow us to obtain the number of visitors to our Platform and to collect information on how our Platform is used.
Examples: to identify the most visited pages of our Platform especially to know if our Users adapt easily to the modifications that we can bring to our Platform or to know how long our Users remain on a page to know if they find easily and quickly the information they seek.
To be able to know the number of pages most visited or the number of Active Users on our Platform SoliMobi uses Google Analytics cookies.
Learn more about Google Analytics.
5.3.3. Duration of consent of cookies
Cookies help us know how you use our Platform but we do not store any personally identifiable information. We only record a unique session ID that will help us find a User Profile and your preferences on your next visit to our Platform.
By using our Platform you agree to our use of cookies. This consent is valid for a maximum of 13 months. After 13 months, the User must confirm again that he accepts our use of cookies.
5.3.4. Cookie management
You can change the conditions for managing, storing and destroying cookies from the configuration pages of your browser. The menu of most browsers has options to manage your cookies by setting or configuring your cookie settings.
Generally, the browser offers you the possibility:
– to display your cookies;
– to authorize cookies;
– disable all cookies, or only specific cookies;
– disable all cookies when you close your browser;
– to block cookies;
– to be informed when you receive a cookie.
We draw your attention to the fact that cookies are sometimes necessary for the functioning of certain features of our Platform (as well as those of certain third party sites) or for the provision of the Services. Be careful when changing the behavior of your browser.
5.3.5. How to enable or disable cookies on browsers
Microsoft Internet Explorer
Google Chrome
Safari
Firefox
Opera
Questions about the SoliMobi Cookie Policy
Do not hesitate to contact us: contact@solimobi.com
6. Intellectual property
6.1. The Services and Content (as defined at the beginning of these Terms) are our exclusive property or our co-ownership with third parties and are protected by French, European and international copyright laws and more generally on intellectual property (trademarks , designs, patents, databases, software and all other similar rights).
6.2. Any use, representation, reproduction, copy, adaptation, modification, exploitation, sale, rental, total or partial of our Services and Content is strictly prohibited without our prior written authorization. In the event of a breach of this prohibition, you are likely to commit an infringement and we will not hesitate to take legal action against you. The same goes for our names, denominations and logos, as well as those of our partners and customers.
6.3. For clarification, the fact that we authorize you to access these Content via our Services (free or paid) does not give you the right to use them in any other way than in accordance with these Terms.
6.4. In addition, you are also prohibited from extracting or attempting to extract Content from its source regardless of this source (website, application, publication, etc.), as well as accessing or attempting to access the source code. any Service or Digital Content.
6.5. These prohibitions are valid whatever the use envisaged, even if this use is not-for-profit. Of course, you may not make any commercial use or against any consideration for our Services and Content.
6.6. You are prohibited from claiming any right of material or intellectual property over our Services and Content. You are forbidden to file trademarks, logos or otherwise or to register copyright on these elements or on any identical or similar item.
6.7. You remain the owner of any production made by you in connection with your use of our Services (description, comments, photos, etc.). You agree to grant us, free of charge, for the duration of the rights in question and for the satisfaction of any need related to the operation, supply, use and marketing of our Services, a license to use on your productions. You agree that we may exercise this right by ourselves or through any third party.
7. Use of the Platform
7.1. Subject to prior acceptance and compliance with the Terms, we grant you a simple and personal license for limited use, non-exclusive, non-transferable and revocable at any time on the Platform SoliMobi. You can access the web application from our website https://solimobi.com, login or registration area or directly via the url app.solimobi.com web application. This license is intended solely to enable you to use the Services we provide to you.
7.2. You expressly agree that you will not make any use of the Platform that could compromise the operation, security or access to the Services.
7.3. You may not perform the following actions on the Platform or its Contents, whether by yourself or through any third party, and for any reason whatsoever:
7.3.1. Access or attempt to access the source code, modify or otherwise alter the Content or the Platform in particular by reverse engineering, decompiling, disassembling or otherwise;
7.3.2. Resell, exploit or make available to any third party, for free or for any consideration, any element of the Content or the Platform;
7.3.3. Use for the development of any derivative work or product or service related to the Content or the Platform including computer programs, websites and mobile applications;
7.3.4. Design, develop, fund or otherwise participate in the development, use, sell or otherwise encourage the use of tools for the purpose or functionality of altering or using the Platform or Content; a way that does not comply with the TOS.
7.3.5. Any act or use contrary to the foregoing constitutes a violation of these Terms and justifies the limitation, suspension or final termination of your access to the Services and may, if necessary, expose you to legal proceedings.
8. Rules of good conduct
8.1. General rules
8.2. You agree in particular, both in writing and orally and on all occasions of your use of our Services, not to hold towards us or towards other Users or third parties:
8.3. Contrary to French, European or other laws and regulations that are applicable to you or that would be applicable to the Services;
8.4. Insulting, threatening, shocking, contrary to morality, decency or courtesy;
8.5. Racist, abusive, defamatory, pornographic or contrary to the provisions of the Freedom of the Press Act of 29 July 1881;
8.6. Which could be considered inappropriate in terms of form, content, emphasis, content or vocabulary;
8.7. For commercial, advertising or propaganda purpose whatsoever.
8.8. You also agree not to encourage anyone else to make such comments.
8.9. Contact with other users
8.9.1. Our Services allow you to get in touch (virtual or real) with other users but we are neither responsible nor accountable for the behavior of these users or yours. We do not guarantee anything from this point of view and our responsibility can not be engaged under any circumstances due to inappropriate behavior of another user. We draw your attention to the fact that you remain solely responsible for your writings, actions, behaviors and choices.
8.9.2. Thus, our Services do not include in any way any protection, insurance or liability borne by us for your good behavior towards other users or third parties, nor concerning the good behavior of other users towards you.
8.9.3. You are therefore required to remain vigilant and act with caution and common sense when interacting virtually or in person with other users. In particular, we invite you to make sure that the person you meet corresponds to his or her user profile. In particular by privileging to make trips with Users having informed their profile picture and verifying that it is the same person.
8.9.4. You agree not to communicate directly to other users any information or personal data about you or any codes or login information to your profile or account to access our Services. You are solely responsible for any consequences of your breach of these obligations.
8.9.5. In the event that you decide to meet in person one of the users of our Services, you are solely responsible for the conditions of this meeting. We advise you to always keep someone in your circle informed of the name of the person, the place and the purpose of such a meeting.
8.9.6. SoliMobi is under no circumstances and under any conditions or circumstances responsible or responsible for the activities or exchanges that you share with another user of our Services. Just as any accident that occurs on the occasion of your shared journey engages only your responsibility and never that of SoliMobi.
8.10. Specific rules
8.10.1. You are required to comply with all laws and regulations that apply to you regardless of your activity in connection with our Services. In particular, you are required to respect any rule applicable to the domain and the public roads, to the activities and transports that you take (walking, public transport, bicycle, scooter), and in particular the rules of the road and the rules relating to the security of persons and property.
8.10.2. The use of our Services does not exempt you from paying any amount of money due in exchange for the use of any infrastructure, tools or means of public or private transport.
8.10.3. Reviews, ratings and reviews
8.10.4. In order to ensure the best possible level of trust, our Service offers the functionality to rate and advise on a user after a shared trip with him. This notation and this notice is public and visible to all users. It is also a simple and effective way to ensure a better user experience. You agree to participate actively in this mechanism by noting, commenting or giving reasonable notice.
8.10.5. You expressly agree that your account may be noted.
8.10.6. Besides, in addition to the note users can write comments. These comments are free and SoliMobi does not perform a priori control of them. You must therefore comply with the rules of good conduct outlined above when writing these comments. You have the opportunity to report a user who has acted in a way and / or left a comment that you deem unfounded and / or inappropriate.
8.10.7. Any behavior and / or comment deemed to be contrary to the principles mentioned in the present UGC may be moderated and its author may be penalized and in particular be deprived temporarily or permanently of access to our Services.
8.10.8. In case you find the note or comment attributed to you illegitimate or contrary to the rules of these Terms, you can send us a complaint to the address: contact@solimobi.com.
9. Sanctions
9.1. We reserve the right at any time in case of violation of any of the rules stipulated in these Terms, especially in Article 8 of:
9.1.1. Terminate, immediately and without notice, these Terms; and or
9.1.2. Restrict, limit, prevent, delete, modify or moderate any information, message, opinion, about you or related to your account or profile; and or
9.1.3. Restrict, temporarily or partially suspend your access to the Services; and or
9.1.4. Put a definitive, total term on your access to the Services, your account or profile; and or
9.1.5. Take any action to report or prosecute against you.
9.2. We reserve the right to communicate to any competent authority in the context of an amicable or judicial procedure any information concerning you in our possession.
10. Liability and guarantees
10.1. Use of the Services is your sole responsibility. By accepting these terms and conditions, you confirm that you understand and accept that SoliMobi as a simple linking service provider, can not be held responsible, within the limits of the law, and provides no guarantee as to the absence of error, bug or as to compliance with any expectation that you have vis-à-vis our Services.
10.2. We provide the Services and Content “as is” without any express or implied warranties of any kind. In particular, you are solely responsible for ensuring that the use of our Services is not contrary to any law or regulation in force in your country of residence.
10.3. We are not responsible for technical issues that are not directly related to the Services. As such, when we facilitate access to certain third-party services, we assume no liability for the existence or functioning of these services (emergency numbers, social networks, geolocation, interactive map services, services and applications of transport, automatic sending of e-mail, etc.).
10.4. You remain entirely responsible for any obligation or any formality of any kind that would be useful or necessary for the use of the Services (third party purchases, taxes, payment of sums of all kinds, etc.).
10.5. When you meet other users, you remain fully responsible for your actions and any information you give them.
11. Various provisions
11.1. It is possible that some Services or Content require special conditions that will be added to these Terms. In case of conflict, contradiction or incompatibility between the TOS and certain particular clauses, the latter will prevail over the TOS.
11.2. We reserve the right, in the case of a violation on your part of these Terms, not to immediately take action or sanction. However, you will always be considered in violation of these Terms and we will retain the full possibility of taking any further action to remedy these violations.
11.3. In the event that one or more of the conditions of these Terms will be totally or partially inapplicable to the applicable law or due to a court decision, the other conditions remain valid and enforceable.
12. Legal dispute, place of jurisdiction
12.1. We take great care to ensure the best possible experience. However, if you are not satisfied with your use of the Services, you can contact us at the following address: contact@solimobi.com . We will make our best efforts to bring you satisfaction.
12.2. Furthermore, before any legal action or recourse to a third party, you agree to try to find an amicable solution with us directly. We are committed to responding as soon as possible and making our best efforts to find an acceptable solution that protects our interests and yours.
12.3. Any lawsuit related to these Terms will be subject to French law to the exclusion of any rule of conflict of law and to the competent courts of Paris in France to the exclusion of any rule of conflict of law. In the event that the law of your country does not authorize you to provide you with the French courts or to designate an exclusive jurisdiction, the dispute will be brought before the competent courts.
We wish you a pleasant use of SoliMobi.