Preamble
Boxpilote, a limited liability company with share capital of EUR 27,194.00, registered with the Bordeaux Trade and Companies Register under number 933 389 827, with registered office at Le Puch, 33650 Cabanac et Villagrains (hereinafter the "Provider"), owns the Software hosted on the website app.boxpilote.fr as well as the "boxpilote" brand.
The Provider operates a Site offering SaaS software for managing and operating indoor storage units, outdoor storage units, containers, parking spaces, storage lockers, offices, registered address services, lockers, utility fleets and storage spaces for professionals, together with a licence of use in France and/or Europe.
These terms and conditions of use (hereinafter the "Terms of Use") govern all access to and/or use of the Site.
Access to and/or use of the Site implies unreserved acceptance of and compliance with all terms of these Terms of Use.
I. Definitions
"Subscription": the Contract by which the Client acquires from the Provider regular Services via the Software at an agreed Price payable monthly or annually depending on the option chosen by the Client.
"Administrator": the natural person who manages the Services and determines each Member's access rights. They are also considered a Member.
"Client" means the legal or natural person who registers and activates the Services provided by the Provider and assumes responsibility for payment for the Services.
"Content": all statements, messages or information of any kind (text, image, videos, logos, photographs, comments, brands, company names, etc.) posted online by a Member on the Site.
"Contract": these Terms of Use, the quote, the Terms and Conditions of Sale and the Privacy Policy as a single contractual set.
"Account": personal account created by the Member on the Site within which they can fill in personal information concerning them and access their personal information, sales, analytics, etc. Account access is via the identifier and personal code created by each Member. Before using the solutions offered on the Site, the Member must create an Account.
"Software": the programme developed by the Provider accessible via the internet on the Site offering the Client the Services.
"Member": any natural person who has an Account on the Site after invitation by the Client or the Administrator. The Member has a "member" account and obtains access to the Services.
"Technical requirements" means all hardware and software necessary to use the Software, such as a computer with a screen size of at least 1024 px, an internet connection, a web browser and access credentials.
"Service": the services offered by the Provider via its Software enabling the Client to administer and manage their Storage facilities.
"Site": the Provider's website at app.boxpilote.fr.
"Storage facility": indoor storage units, outdoor storage units, containers, parking spaces, storage lockers, offices, registered address services, lockers and storage spaces managed by the Client.
References to Articles are references to Articles of these Terms of Use, unless otherwise stated.
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other gender.
II. Purpose
These Terms of Use are intended to define the terms and conditions for provision of Services offered on the Site, as well as the conditions for use of the Software by Members.
Registration on the Site, via creation of an Account, makes these Terms of Use enforceable against the Member.
When registering on the Site, the Member acknowledges having read these Terms of Use, having read them and accepting them in full by ticking the box provided for this purpose.
III. Scope
These Terms of Use govern the terms of use of the Software and Services made available.
They also define the reciprocal obligations of the Parties in the context of use of the Software and Services.
If the Member does not consent to the conditions set out in these Terms of Use, they must refrain from any use of the Site, the Services and registration on the Site.
IV. Access to Software and Services
The Software and Services are accessible only to the Administrator and Members invited by them.
The Provider reserves the right to make any modifications and improvements it deems necessary or useful to the Software and Services in order to ensure their proper operation.
The Provider also reserves the right to limit access to Services, in particular by restricting access for a Member who does not comply with these Terms of Use, and in particular Article VIII "Client rights and obligations".
The Provider does not provide the equipment necessary to use the Software.
The Provider recommends the following technical configurations for workstations:
The Client acknowledges having read the characteristics and limitations of information transmission via the Internet, as well as the associated connection costs. It is their responsibility to ensure that:
The Client undertakes to monitor evolution of their software and to perform updates necessary for use of the Site and Software by Members.
They spontaneously inform the Provider in the event of a change in their situation that may affect the Services.
When subscribing to a Subscription, the Client must provide all information necessary for the Provider to create the account linked to the Storage facility, including:
The Client is required to provide accurate information which they undertake to update immediately in the event of changes.
The Provider then creates access for each Member with temporary credentials.
To access the Services for the first time, the Member logs into the Software using the credentials provided by the Provider. The Member must then change their password.
This password protects access to the Member's Account, who is solely responsible for its use and confidentiality, as well as use of their Account.
The Member and/or Administrator undertake(s) to contact the Provider as soon as possible in the event of theft or loss of the identifier and/or password.
The Member may then modify certain information by clicking on the "Profile" tab.
If mandatory information is not provided, or in the event of false, incorrect, outdated or incomplete information, the Client will not be able to access the Service.
By creating an account, the Client acknowledges that the Provider stores data in its information systems.
Professional Members registered on the Site are informed by these Terms of Use of the possibility for the Provider to send them newsletters, promotional offers, advertising and new features available by email.
Members may opt out of receiving new commercial emails by clicking the link contained in those emails.
V. Services
The Client is authorised to grant access to their Account to Members. They acknowledge being responsible for Members to whom they have authorised access to the Services.
Services are accessible via the Internet 24 hours a day, 7 days a week, except in cases of force majeure, and subject to planned maintenance interventions necessary to guarantee proper operation of the Services.
These interruptions do not entitle to any compensation.
The Provider undertakes to implement all means necessary to ensure optimal quality of access to the Services.
The following Services are offered to the Client:
The Software integrates the API of the electronic signature service provided by YouTrust. This feature enables secure and legal signing of documents directly from the Software.
Use of the electronic signature service is subject to YouTrust's general terms and conditions. By using this feature, you accept YouTrust's terms of use. We invite you to consult these terms directly on the YouTrust website: https://youtrust.com/fr-fr/conditions-generales.
Although the Software facilitates access to this third-party service, the Provider cannot be held liable for any malfunctions or disputes related to use of the YouTrust service. Any claim relating to electronic signature must be addressed directly to YouTrust.
Fees related to use of electronic signatures are not included in the Software subscription. Additional fees may be charged for extra signatures or specific requests.
VI. Account deactivation or deletion
A Member's Account will be automatically temporarily deactivated when the Subscription subscribed by the Client for the Service is suspended or ends for any reason whatsoever.
The Client may also request total and permanent deletion of Accounts.
The Client may consult the Terms and Conditions of Sale received.
For security reasons or as a precaution, the Provider expressly reserves the right to refuse, prohibit or temporarily or permanently suspend access to Services or the Site for a Client or Member in the following cases:
VII. Licence grants
Subject to acceptance of and compliance with these Terms of Use, as well as payment of the agreed price, the Provider grants the Client and Members invited by them a limited, non-transferable and non-exclusive right to access and use the Services worldwide. This right may not be sublicensed.
The licence of use of the Software is granted on a non-exclusive basis for the entire duration of the Subscription, subject to acceptance of the Contract and payment of the price by the Client.
This right takes effect from the date the solution is made available and continues until expiry or termination of the Subscription, for whatever reason.
Each natural person designated as a Member by the Administrator within the subscribed Subscription is the sole beneficiary of the Services.
Grant of the licence of use does not entail any transfer of ownership to the Client, Administrator or Member.
Any transfer of a right of use to a third party must be subject to the Provider's express agreement. Any exploitation or use of the Software by the Client shall constitute final and unreserved acceptance by them.
The Provider owns and retains all intellectual property rights, and in particular copyright on the Site and the Software and database producer rights existing in the Software, its updates, its source code, its graphic design and its documentation.
The Client and Members undertake not to remove copyright or trademark notices or inscriptions affixed in the Software or appearing on any documentation present in the Software or transmitted by the Provider.
The Provider also owns the intellectual property rights to the "boxpilote" brand, a word mark registered under number 5024592 with the INPI.
The Provider holds the intellectual property rights enabling peaceful exercise of the granted rights.
The Provider guarantees the Client peaceful enjoyment of all rights granted under this Contract against any disturbance, claim, challenge, recourse or action whatsoever from a third party.
To this end, the Provider shall personally handle claims against the Client alleging that the Software infringes a patent or intellectual property right. The Provider's obligations under this warranty are expressly subject to the following obligations of the Client:
The Provider shall not incur any liability if the Client fails to fulfil its obligations arising notably from these Terms or if the Client's use of the Software is not compliant with the Terms and Conditions of Use and/or these Terms, if the Client has modified or altered the Software in any way, or if the Client has accessed the Software with hardware, a system or any computer programme provided by a third party without the Provider's consent.
Any use not expressly authorised by the Provider under these Terms is unlawful, in accordance with the French Intellectual Property Code.
Such unlawful use constitutes infringement liable to civil or criminal sanctions.
It is expressly prohibited for the Client and Members notably to:
VIII. Client and Member rights and obligations
(i) The Member undertakes to use the Software:
(ii) The Member is prohibited from:
The User is also prohibited from infringing third-party intellectual property rights.
The Client, who is liable for their Members, undertakes where applicable to indemnify the Provider for any damage directly or indirectly linked to non-compliance with this warranty.
(iii) The User authorises the Provider to collect and use technical information gathered in the context of the Services in order notably to improve them.
(i) The Client is solely responsible for direct or indirect damage they may suffer due to inaccurate, incomplete and/or misleading information they provide when subscribing to the subscription or due to failure to update this information, the consequences of which they assume alone.
They acknowledge and accept that any notification under these Terms of Use may be made to them via the contact email address provided when subscribing to the subscription.
(ii) Any Client or Member acting in fraud of these Terms of Use is exposed to civil and criminal proceedings punishing notably infringement of copyright, neighbouring rights, database producer rights and automated data processing systems.
Proceedings may be initiated by the Provider against the Client or Member who fails to comply with these provisions.
(iii) The Client and Members are solely responsible for all information indicated in the Storage facility management and operations Software; the Provider does not control information entered in the Software.
IX. Provider liability
The Provider uses all means to ensure access to and proper operation of the Software and Services 24 hours a day, 7 days a week.
However, given limitations linked to the internet, the Provider cannot exclude interruption of access to and operation of the Software and Services, notably in cases of force majeure, malfunction of Members' equipment, internet network malfunctions, maintenance operations intended to improve the Software and Services.
Furthermore, the Provider reserves the right, without notice or compensation, to temporarily or permanently close the Site and/or Software or access to one or more Services to perform an update, modifications or a change to operational methods, servers and accessibility hours, without this list being exhaustive.
Consequently, the Provider cannot be held liable for interruption of the Site, Software and Services, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit interruptions attributable to it.
(ii) The Provider makes available to the Client tools and technical means to manage and operate Storage facilities and visualise their information. Its liability is limited to provision of these means, as described herein.
The Provider does not guarantee that the Service meets the Client's needs.
(iii) The Provider cannot be held liable to the Client, or to a third party, for any damages whatsoever arising directly or indirectly from total or partial use of access or inability to access the Service.
(iv) In the event of loss of data or software, for whatever cause, the Provider cannot be held liable for such loss insofar as the Client retains responsibility for proper execution of their backups (paper version, Excel, etc.) and use of the Service for which they have acquired licences.
(v) The Client and the Provider are independent parties, each acting in their own name and for their own Account.
The Provider does not conclude any contract in the name and/or on behalf of a Client.
Consequently, the Client cannot in any case be considered notably as employee/employer or agent of a User.
The Provider is not a party in any capacity to purchase, sale or rental contracts concluded by the Client; the latter is solely responsible for difficulties, claims and disputes that may arise upon conclusion and/or performance of said contracts.
The Provider cannot be held liable in the Client's relations with third parties, notably in the event of indirect damage such as loss of commercial profits, business interruption, loss of data, loss of commercial information or any other financial loss.
(vi) The Provider is not subject to a general obligation to monitor information transmitted by Users and stored on the Software. The Provider cannot in any way be held liable for incorrect or false information entered by the Client in the context of Services offered by the Provider, as well as damage that may result.
X. Intellectual property
The Site and each of the elements comprising it, including but not limited to presentation, texts, images, videos, photographs, brands, logos, company names and domain names are the exclusive property of the Provider or its partners, unless otherwise stated.
These elements are protected by intellectual property laws and other laws, and in particular copyright.
Any reproduction or representation, in whole or in part, of the Site or one of the elements comprising it, without the Provider's authorisation, is prohibited and constitutes infringement sanctioned by the French Intellectual Property Code.
The Client retains full ownership of all information transmitted by them in the context of performance of these Terms of Use.
By subscribing to a Subscription, the Client expressly authorises the Provider to use, delete, host, store, reproduce, modify, adapt, by all means, for purposes of operating and improving the Services and the Site. This authorisation is granted free of charge and valid worldwide for the entire duration of the Client's Subscription on the Site and access to the Services.
The authorisation is valid for data and texts published by Users on the Site.
The Client acknowledges that any use of their Content by the Provider prior to their deregistration, deletion or termination of their Account cannot be challenged.
The Provider has access to all information entered by the Client.
The Provider is producer and owner of all or part of the databases, their structure and their contents comprising the Site, subject to rights held by Users.
By accessing the Software, the Client acknowledges that the data comprising it is legally protected and that they are notably prohibited from extracting, reusing, storing, reproducing, representing or retaining, directly or indirectly, on any medium, by any means and in any form whatsoever, all or a qualitatively or quantitatively substantial part of the content of the databases appearing within the Software they access, as well as carrying out repeated and systematic extraction or reuse of qualitatively and quantitatively insubstantial parts when these operations manifestly exceed normal conditions of use.
The Provider notably holds rights to the trade name "boxpilote" and associated logos.
Except with express prior authorisation, any use of the name "boxpilote" as well as logos belonging to the Provider or third parties exposes the Client to criminal and civil proceedings.
XI. Personal data
The Provider, as data controller, implements personal data processing. The Client may consult the Privacy Policy for further information.
In accordance with the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 and French Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Civil Liberties, the Provider undertakes that collection and processing of data on the Site and Software comply with applicable regulations.
Personal data transmitted to the Provider by the Client is subject to computer processing and may be used by the Provider and its commercial partners for processing, execution, delivery, payment and management of Subscriptions.
Collected data may also be used by the Provider for commercial prospecting purposes. Data collection is thus limited to information strictly necessary to achieve the purposes set out above. Only adequate, relevant and necessary information may be processed by the Provider. The Provider undertakes not to communicate this information to third parties other than its commercial partners and subcontractors responsible for achieving the pursued objectives. The Provider may however be required to communicate this data in response to a legal authority injunction.
The Provider undertakes to restrict the retention period of personal data to the time necessary to achieve the pursued objectives, as set out below:
Depending on the purposes set out above, the categories of data retained may differ slightly, being essentially linked to the nature of the mission entrusted.
In accordance with applicable regulations, any natural person, upon proof of identity, may exercise their right of access, enquiry, restriction, modification, rectification, portability and their right to erasure and/or deletion relating to all data concerning them and appearing in the Provider's databases.
Any natural person also has the right to define general directives relating to retention, erasure and communication of their personal data after their death which may be registered with a CNIL-certified trusted digital third party, and specific directives concerning personal data processing mentioned by these directives, which must be subject to specific consent registered as such with the Provider.
Any natural person has the right to object to processing of personal data, as well as the right to object to this data being used for commercial prospecting purposes.
The Client may exercise their rights as follows:
An impact assessment is carried out by the Provider when personal data processing is likely to entail a high risk to the rights and freedoms of natural persons. This high risk is characterised where processing meets more than two of the nine criteria determined by the CNIL.
The Provider does not transfer data outside the European Union or the European Economic Area.
The Provider ensures security and confidentiality of personal data by implementing enhanced data protection through physical and logical security measures.
The Provider undertakes to require sufficient guarantees from its partners regarding implementation of appropriate technical and organisational measures so that data processing meets legal and regulatory requirements and guarantees protection of the Client's rights, in particular in the event of data transfer outside the European Union and the European Economic Area.
The Provider undertakes to notify any personal data breach to the CNIL and to data subjects in the event of high risk to their rights and freedoms.
The Client may lodge a complaint with the supervisory authority if one of their rights is violated.
For further information on GDPR rules and security measures implemented, the Client is invited to consult the Privacy Policy accessible at all times on the Site.
XII. Limitation of liability and damages
In the event of major defects preventing serious use of the Services that are exclusively attributable to the Provider, the latter undertakes to act to correct this defect within a reasonable time taking into account the complexity of said defect, from written notification by any means addressed to it.
The Provider includes and makes available features from third-party providers. Although these Services are integrated, the Provider does not explicitly or implicitly guarantee the performance, accuracy, reliability or completeness of information or results generated by these third-party services.
Neither party will be liable for indirect damages, including loss of profits, savings, revenue, data or use thereof, incurred by the other party or a third party, even where the possibility of such damages was discussed between the Parties. Except as otherwise provided by law, the Provider's liability may not exceed the amount paid for use of the Services during the twelve (12) months immediately preceding the alleged breach of the Contract, and may no longer be invoked after a period of thirty (30) calendar days following occurrence of the grounds for the claim.
XIII. Term, termination and sanctions
These Terms of Use apply for an indefinite period from their acceptance.
Any use of the Software and Services contrary to the Terms of Use and/or applicable laws and regulations entitles the Provider to suspend, without notice, the Client's Subscription or to refuse future access to all or part of the Site, without prejudice to any damages the Provider may be entitled to claim.
The Provider may, furthermore, five (5) days after informing the Client by email, automatically close suspended access, without any compensation being due on any grounds.
These sanctions may notably be taken in the event of communication of false information by the Client (personal information, company name, etc.) or non-compliance with Article VIII.
XIV. Force majeure
If, due to an event considered force majeure within the meaning of Article 1218 of the French Civil Code, either Party is unable to perform its obligations, performance of obligations will be temporarily suspended for the duration of such impossibility without either Party being able to seek liability from the other.
In any event, if such event should last more than three (3) months, this contract may be terminated at the initiative of either Party without entitlement to compensation on either side. Termination may take place after formal notice by registered letter with acknowledgement of receipt, with fifteen (15) days' notice.
The following are notably considered force majeure events by way of example: any war, any strike and/or lock-out preventing performance of obligations whether or not within either Party and/or their subcontractors, riot, revolution, rebellion, military force, act of terrorism, sabotage or piracy, epidemic, any weather event causing damage resulting in prevention of performance by either Party of its obligations, any legislative or regulatory provision and more generally any act having mandatory force emanating from any competent authority preventing either Party from performing its contractual obligations, accidents, carrier or supplier strikes, fire, flood, production and energy and/or raw material supply stoppages, stock shortages, acts of third parties and any event likely to delay or prevent performance of commitments.
If, when force majeure occurs, the Provider has partially performed its obligations or can only perform them in part, it has the right to invoice the part delivered or deliverable separately and in particular fees charged by the hosting provider for an annual subscription and the Client is required to honour this invoice.
XV. Data portability
In the event of termination of the contractual relationship for any reason whatsoever, the Provider undertakes to ensure full portability of data belonging to the Client, on a technical level and to take all steps, on legal and human levels, to enable the Client to resume, or have resumed by a third party designated by them, administration of their data.
To this end, the Provider undertakes to provide the Client, on request, with a copy of the Client's latest data status as a downloadable TXT file (accounting) or CSV file (database).
In the event of expiry or termination of the Contract between the Parties, for any reason whatsoever, the Client will be entitled to obtain from the Provider all information necessary to prepare data portability.
This right is exercised during the period necessary to achieve portability and, at the latest, upon expiry of a period of two (2) months from the date of effective termination or cessation of the contractual relationship for any reason whatsoever.
After this period, hosted data will be destroyed.
The Parties agree the following financial provisions regarding portability assistance services provided by the Provider including those relating to data transfer:
XVI. Subcontracting
The Client expressly authorises the Provider to subcontract all or part of its obligations under these Terms of Use. In the event of subcontracting, the Provider remains solely responsible for proper compliance with the obligations of these Terms of Use and is liable to the Client for any breach by its subcontractor.
The Provider subcontracts hosting of the Client's database on servers in an establishment located in the European Union with SUPABASE INC located in Frankfurt, Germany (supabase.com).
The Provider subcontracts hosting of the application on servers in an establishment located in the European Union with VERCEL INC located in Frankfurt, Germany (vercel.com).
XVII. Confidentiality
Unless prior written authorisation is obtained, the Parties undertake to preserve by all means the secrecy of confidential information related to this Contract and not to use or exploit it for purposes unrelated to the Contract.
Information qualified as confidential upon delivery and information bearing the mention "confidential" are confidential.
Technical, economic, strategic and commercial information is also qualified as confidential.
Where one of the Parties must, for performance of this Contract, communicate information to third parties, it may only do so to the extent strictly necessary and guarantees that third parties will undertake the same confidentiality commitment. In any event, it is liable for these third parties as for itself.
The Parties are released from the confidentiality obligation if they prove that the information has entered the public domain. The confidentiality obligation remains binding on the Parties until the end of the subscribed Subscription despite termination of the Contract for whatever cause.
Breach of the confidentiality obligation by either Party entails termination of this Contract and compensation for damage under the applicable conditions.
XVIII. Amendment of Terms of Use
The Provider reserves the right to amend these Terms of Use at any time. However, the Terms of Use applicable to the Subscription are those accepted by the Client at the time of subscribing to the Subscription.
XIX. Partial invalidity
If one of the clauses of these Terms of Use were declared null and void due to a change in legislation, regulation or by a court decision, this would in no way affect the validity and compliance with these Terms of Use.
Failure by the Provider to exercise rights recognised under these Terms does not constitute a waiver of enforcing its rights.
XX. No waiver
Failure by a party to invoke any of the rights arising from these Terms of Use cannot be interpreted as a waiver of those rights.
XXI. Notification
Any notification, communication or formal notice provided for by the Contract shall be deemed validly delivered if addressed to:
SARL BOXPILOTE, Le Puch, 33650 Cabanac et Villagrains, support{'@'}boxpilote.fr.
XXII. Applicable law and jurisdiction
These Terms of Use are governed by French law. They are written in French. If they were translated into one or more languages, only the French text would prevail in the event of a dispute.
Points not covered by these Terms of Use are governed by general French law.
For all disputes and actions relating directly or indirectly to the validity, interpretation, performance and cessation of application of these Terms of Use, to contracts concluded under them, whether the cause of these disputes or actions is contractual or tort liability, general law, competition, restrictive practices or otherwise, the Bordeaux Commercial Court shall have exclusive jurisdiction, even in the event of third-party proceedings, multiple defendants and summary proceedings.
