MOOVAGO is a Société à Responsabilité Limitée (SARL) with a capital of €5,000, headquartered at 82 Boulevard des Arandelles 79180 in CHAURAY, registered in the Niort Trade and Companies Register under no. 841412497, represented by its manager, Mr Franck DUBOIS.
MOOVAGO specializes in Software As A Service (SaaS) applications.
MOOVAGO offers a web and mobile application for professionals, enabling them to manage their customer database, track customer and prospect data, and provide other complementary services. The SERVICES enable customer data to be stored in a single location, for security, organization and management purposes.
Access to this service is via a web application on the moovago.app website and via a mobile application for cell phones and tablets.
Words in UPPERCASE have the following meaning:
MOOVAGO: The company SARL MOOVAGO offering the services, also referred to as “The Publisher”.
THE WEBSITE: The www.moovago.com website
WEB APPLICATION : The www.moovago.app website
MOBILE APPLICATION: the “MOOVAGO” software application published and provided by SARL MOOVAGO, giving access to the Services, which is available free of charge in Apple’s “App Store” and Google’s “Google Play Store” to be downloaded by the USER on his Apple iOS or Android terminal. The APPLICATION also includes the CONTENTS, software, programs, databases, documentation and all other elements and SERVICES of which it is composed, updates and new versions that may be made to the APPLICATION by MOOVAGO.
APPLICATION: Refers to the WEB APPLICATION and the MOBILE APPLICATION.
CUSTOMER: Any individual or legal entity acting in a professional capacity.
USER: Any natural person, employee or agent of the CLIENT, with private and personal access to a USER ACCOUNT, secured by a login/password combination.
USER ACCOUNT: The USER’s personalized space in the APPLICATION.
CONTENT : Refers to, but is not limited to, the structure of the APPLICATION and the WEBSITE, editorial content, drawings, illustrations, images, photographs, graphic charters, brands, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the APPLICATION and the WEBSITE.
CGU-CGA: Refers to the general terms and conditions of use and subscription applicable to the contractual relationship between MOOVAGO and the CLIENT.
SERVICES: Refers to the various functions and services offered by the APPLICATION and the SITE.
These GCU-CGA set forth the rights and obligations of MOOVAGO and its CLIENTS in connection with the sale of SERVICES in SaaS mode.
The present GCU-CGA apply, without restriction or reserve, to the SERVICES offered on the SITE and the APPLICATION, intended for professional CUSTOMERS.
These GCU-CGA are accessible at all times on the SITE and on the APPLICATION, and will prevail, if necessary, over any other version or any other contradictory document.
By installing the APPLICATION on your terminal and/or accessing the APPLICATION or the SITE, you unconditionally and unreservedly accept the entirety of these GCU-CGA.
Any document other than these GCU-CGA, in particular any prospectus, advertisement or notice, is for information purposes only and is non-contractual. The SERVICES presented on the SITE and the APPLICATION are offered worldwide.
Any conditions to the contrary, and in particular any general or special conditions opposed by the CLIENT, shall not, unless expressly agreed in writing by MOOVAGO after negotiation between the parties, take precedence over these GCU-CGA, regardless of the time at which these competing conditions are brought to the attention of MOOVAGO.
MOOVAGO’s failure to invoke the application of any provision of these terms and conditions at a given time shall not constitute a waiver of its right to do so at a later time.
The applicable GCU-CGA are those in force at the date of connection and use of the APPLICATION or the WEBSITE by the USER. MOOVAGO reserves the right to modify the GCU-CGA at any time, by posting the modified GCU-CGA on the APPLICATION and on the SITE. Unless otherwise specified, the modified GCU-CGA shall become applicable as soon as they are posted online.
Any modifications made will be brought to the attention of CLIENTS and USERS simply by being posted online. They are deemed accepted without reservation by any CLIENT or USER who accesses the APPLICATION or the WEBSITE after they have been posted online.
Any new SERVICE incorporating new techniques or new features or functionalities that improve the quality of existing SERVICES will also be subject to these GCU-CGA, unless expressly provided otherwise.
Each CLIENT, as a legal entity, is responsible for ensuring that all its employees, servants and agents comply with these GTC General Terms and Conditions.
All USERS of the SERVICES declare that they are of legal age and have full legal capacity.
MOOVAGO develops and offers SERVICES for its USERS.
By using the SITE, the APPLICATION and their SERVICES, all USERS agree not to :
MOOVAGO allows all USERS to learn how the APPLICATION works and its functionalities, from a USER ACCOUNT that they can try out for 14 days.
The Customer hereby declares that he/she has freely verified, under his/her own responsibility, that the user interface of the Application, its ergonomics, the technologies implemented by the Application or required for its use, are perfectly in line with his/her expectations and compatible with his/her computer and mobile environment.
No claim or request for reimbursement may be made by the CLIENT on the grounds that one of these elements is unsatisfactory or poses any problem whatsoever.
The CLIENT undertakes to complete the registration forms in good faith, providing accurate information. They undertake to keep their account information up to date. He/she provides the following information: surname, first name, postal address, cell phone number, e-mail address.
All CLIENTS and USERS undertake not to usurp their identity, nor to use a false identity likely to mislead third parties.
The USER undertakes to maintain the confidentiality of his password, in order to enable him to access all or part of the SERVICES and his USER ACCOUNT.
The USER shall therefore not hold MOOVAGO liable in the event of actions on the SITE or the APPLICATION by a third party in possession of its password, it being the USER’s responsibility to take action against such third party. In general, the USER acknowledges that MOOVAGO is not liable for fraudulent use of its USER ACCOUNT.
The USER agrees to notify MOOVAGO, as soon as possible, of any unauthorized use of its USER ACCOUNT, as soon as it becomes aware of such use.
To access and use the APPLICATION and the SITE, the USER must have a compatible telephone or computer or a mobile terminal and access to the Internet network.
The SITE is available at the following address: www.moovago.com
The WEB APPLICATION is available at the following address: moovago.app
The MOBILE APPLICATION can be downloaded free of charge from the “App Store” and “Google Play Store” platforms on the following mobile terminals:
It is the USER’s responsibility to have hardware with an operating system and/or Internet browser version equal to or higher than that required by the APPLICATION.
The software version of the APPLICATION may be subject to updates.
The USER shall ensure that it updates and uses the APPLICATION in its latest available version.
Registration for the WEBSITE and the APPLICATION is free of charge, excluding the cost of subscription to the mobile telephone operator, the cost of connection and access to the Internet network and any additional costs charged for loading data.
The CLIENT then subscribes to the desired subscriptions according to its needs: WEBSITE subscription, APPLICATION subscription, multi-media subscription, and according to the number of USERS.
The CLIENT may test the SERVICES free of charge for 14 days, with the subscription taking effect on the 15th day.
Subscription prices are shown on the WEBSITE.
The applicable rates are those indicated at the time of registration. They are expressed in euros and are subject to VAT.
The price is payable at the end of the 14-day trial period, by direct debit, credit card or bank transfer. In the absence of payment by this date, access to SERVICES will be interrupted.
No discount is granted for early payment.
The subscription is annual. It is taken out for a 12-month period. It is renewed by tacit agreement for a further period of 12 months, unless terminated by registered letter with acknowledgement of receipt, giving at least one (1) month’s notice before the contract anniversary date.
The annual subscription price is payable either in 12 monthly instalments or in advance in a single instalment. The CLIENT acknowledges that even in the case of payment by monthly instalments, the full subscription price is due by the sole fact of subscription.
In the event of late payment, late payment penalties at the rate of three times the legal interest rate shall automatically and by operation of law accrue to MOOVAGO, without any formality or prior formal notice. Any delay in payment shall result in the immediate payment of all sums due by the CLIENT, without prejudice to any other action that MOOVAGO may be entitled to take in this respect.
In the event of non-compliance with payment conditions MOOVAGO reserves the right to suspend access to SERVICES.
MOOVAGO is the exclusive owner of all intellectual property rights pertaining to the APPLICATION, the SITE and their CONTENTS, taken individually or as a whole, subject to the rights of third parties licensed to MOOVAGO.
Without prejudice to the provisions of Article 10, none of the provisions of the GTC-CGA may be interpreted as an assignment, transfer, sale, concession, loan, lease, or authorization of exploitation granted directly or indirectly by MOOVAGO to any CLIENT or USER on the APPLICATION, its CONTENT and/or the SERVICES.
MOOVAGO grants the USER a non-exclusive, revocable, non-assignable, non-transferable personal right to use the APPLICATION, CONTENT and SERVICES, solely for its own needs in connection with the use of the APPLICATION and SERVICES, to the exclusion of any other purpose.
The USER acquires no intellectual property rights over the APPLICATION, CONTENT and/or SERVICES, nor any rights other than those granted herein.
This license does not grant the USER any right to use the CONTENT. The USER is therefore prohibited from reproducing, representing, adapting and/or exploiting the CONTENT.
The USER expressly agrees that use of the APPLICATION and SERVICES shall in no way infringe the rights of MOOVAGO, and in particular that such use shall not constitute an act of counterfeiting, unfair competition or parasitism.
MOOVAGO undertakes to comply with current regulations applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
For the purposes of processing registration, MOOVAGO collects the USER’s personal data: surname, first name, email address, activity, cell phone number. Mandatory fields are marked with an *.
This information is required to process the registration.
The USER has a right of access, a right of rectification, a right to the deletion of data concerning him/her, as well as the right to request the portability of the data provided.
The USER has the right to object on legitimate grounds to the processing of his or her data, or to request the limitation of such processing.
The USER also has the right to object at any time and without cause to the processing of your data for direct marketing purposes, as well as to profiling when carried out for this same purpose.
These rights may be exercised via the following e-mail address: contact[@]moovago.com
The person responsible for the collection and processing of USERS’ personal data is the manager of MOOVAGO.
The data listed above is stored and processed for the following purposes:
Data is kept for 5 years from the end of the commercial relationship, in order to meet legal obligations concerning administrations and judicial authorities.
MOOVAGO takes all necessary measures to ensure the security of stored data, in particular to prevent access by unauthorized third parties.
MOOVAGO, as Subcontractor, only processes the personal data of the USER’s customers, who are the subject of the SERVICES, on the instructions of the CLIENT or USER, as Data Controller.
MOOVAGO undertakes to process personal data in accordance with the CLIENT’s or USER’s instructions, unless such processing or transfer is required by applicable law. In this event, MOOVAGO shall inform the CLIENT of the existence of such legal obligations prior to the processing or transfer, provided that the law does not prohibit it for important reasons of public interest.
The CLIENT entrusts MOOVAGO with the following processing of personal data:
MOOVAGO undertakes to inform the CLIENT immediately if it considers that an instruction constitutes a breach of the legislation applicable to the processing of personal data, in particular the European Data Protection Regulation (RGPD).
Subcontractor’s obligations to the Data Controller
Personal data entered by the CLIENT or the USER on the APPLICATION or the WEBSITE shall be processed by MOOVAGO in accordance with the CLIENT’s instructions.
The Subcontractor also undertakes to comply at all times with applicable data protection legislation.
MOOVAGO undertakes to implement all technical and organizational security measures, including any additional measures, required to ensure that processed data is not accidentally or unlawfully destroyed, lost, damaged or brought to the attention of unauthorized third parties, compromised or processed in a manner contrary to applicable data protection legislation.
MOOVAGO ensures that its employees authorized to process personal data are subject to an obligation of confidentiality.
When requested by the Data Controller, MOOVAGO undertakes to provide the Data Controller with the information necessary to demonstrate compliance with all its obligations under the applicable legislation and this Contract, in particular the implementation of the necessary technical and organizational security measures.
MOOVAGO undertakes to notify the Data Controller immediately of any interruption of operations, suspicion that data protection rules have been breached, or any other irregularity relating to the processing of personal data. In the event of a security breach resulting in particular in destruction, loss, accidental or unlawful alteration, disclosure or unauthorized access, MOOVAGO undertakes to inform the Data Controller no later than 24 hours following discovery of the breach. At the request of the Data Controller, the Subcontractor shall assist the Data Controller in clarifying the scope of the security breach, including the preparation of any notification to the supervisory authority and/or the persons concerned.
At the request of the Data Controller, MOOVAGO shall assist it in drawing up and completing the impact study, including any prior consultations with the supervisory authority, taking into account the nature of the processing and the information held by MOOVAGO.
MOOVAGO shall make available to the Data Controller the documentation necessary to demonstrate compliance with all its obligations and to allow audits, including inspections, to be carried out by the Data Controller or another auditor appointed by it, and to contribute to such audits.
If MOOVAGO, or any other data processor, receives a request for access, opposition or the exercise of any other right by a data subject, MOOVAGO shall immediately inform the Data Controller so that the latter may handle the request, unless MOOVAGO is able to handle the request itself. Where required by the Data Controller, the Subcontractor shall assist the Data Controller in responding to the request.
Use of subcontractors
MOOVAGO may only use another subcontractor (the Subcontractor) for the processing of personal data provided for herein with the prior consent of the Data Controller.
Before communicating personal data to the sub-processor, MOOVAGO shall ensure that the same obligations relating to data protection arising from the present are agreed in a sub-processing contract with the sub-processor. MOOVAGO shall remain fully liable to the Data Controller for the obligations relating to data processing that it has entrusted to its subcontractor.
If personal data is transferred to a foreign subcontractor, the subcontracting agreement must stipulate that French data protection legislation applies to the subcontractor. In addition, if the subcontractor is established in an EU or EEA member country, the contract must mention that the provisions relating to data protection legislation applicable in the subcontractor’s country, in particular requests for notification to the supervisory authorities, must be complied with.
If recourse to the sub-processor is authorized by the Controller even though the sub-processor is located in a third country considered not to ensure an adequate level of protection and is not certified under the “Privacy Shield” or any other equivalent certification system, MOOVAGO must enter into a sub-processing contract that complies with the Standard Contractual Clauses governing transfers as adopted by the European Commission.
MOOVAGO informs the Data Controller that it currently uses the following subcontractors: GOOGLE.
MOOVAGO shall endeavor to provide USERS with a WEBSITE and an APPLICATION that are accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond MOOVAGO’s control, and subject to any breakdowns and maintenance operations required for the proper functioning of the APPLICATION and the WEBSITE.
MOOVAGO shall endeavor to notify USERS of any maintenance operation. However, MOOVAGO shall not be held liable in the event of unavailability of the SITE, the APPLICATION or the SERVICES, due to maintenance operations, even if unscheduled.
All Users undertake to use and operate the WEBSITE and the APPLICATION in accordance with the applicable laws and regulations, and in particular to respect the rights of third parties.
MOOVAGO shall not be held liable for any interruptions or modifications to the SITE, the APPLICATION and the SERVICES. It is the USERS’ responsibility to take all necessary precautions to preserve the customer data they enter on the APPLICATION. MOOVAGO shall not be held liable for any loss of data or information stored on the APPLICATION, nor for any direct or indirect loss or damage of any kind whatsoever resulting from the management, use, operation, interruption or malfunction of the APPLICATION.
MOOVAGO shall not be held liable in the event of force majeure or an event beyond its control, in particular in the event of interruption of the SITE or APPLICATION, or of the SERVICES resulting from a failure of the communications network (electronic communications networks, electrical networks, etc.) or of the USER’s Internet access provider.
All USERS are responsible for taking all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any attack.
The USER declares that he/she is aware of and accepts the characteristics and limits of the Internet network, and in particular the functional characteristics and technical performance of the Internet network; problems related to connection and/or access to the Internet network and/or websites; problems related to network availability and congestion; problems related to network failure or saturation; problems related to transit time, access to information posted online, response times for displaying, consulting, querying or otherwise transferring data; risks of interruption; lack of protection of certain data against possible misappropriation or piracy; risks of contamination by any viruses circulating on said networks, etc. for which MOOVAGO cannot be held responsible.
MOOVAGO cannot be held responsible:
Furthermore, MOOVAGO declines all responsibility in the event of misuse of the terminal or computer and/or incidents related to the use of the terminal when using the APPLICATION or SITE. MOOVAGO shall under no circumstances be held liable for any damage whatsoever caused to USERS, their terminals, their computer and telephone equipment and the data stored therein, nor for any consequences that may arise from such damage to their personal, professional or commercial activity.
Use of the APPLICATION’s geolocation feature requires the USER’s express prior consent to be geolocated. To do so, the USER must activate the geolocation function directly in the settings of his or her mobile terminal, if he or she so wishes.
These GCU-CGA are governed by French law.
All disputes arising out of or in connection with the validity, interpretation, performance, termination, consequences and consequences of these GTC-CGA shall be submitted to the competent courts within the jurisdiction of MOOVAGO’s registered office.
Any notification to us should be addressed to :
MOOVAGO
Contact: Mr Franck DUBOIS
Head office address: 82 Boulevard des Arandelles 79180 Chauray
Tel number: 05 54 54 04 60
Email address: contact[@]moovago.com
Any notification intended for the USER will in principle be sent by e-mail to the address communicated at the time of registration.
The annulment of one of the clauses of the present GCU-CGA shall not entail the annulment of the GCU-CGA as a whole, unless the disputed clause can be considered as substantial and determining, and its annulment would call into question the general balance of the present GCU-CGA.
The general terms and conditions of sponsorship govern the Sponsorship Program offered by MOOVAGO, a limited liability company (SARL) with capital of €5,000, whose head office is located at 82 Boulevard des Arandelles 79180 in CHAURAY, registered with the Niort Trade and Companies Register under no. 841412497, represented by its manager, Mr Franck DUBOIS.
The participation of the Sponsor and the Recommendee in the Sponsorship Program implies full and complete acceptance of the General Terms and Conditions, which can be accessed at any time on the MOOVAGO.com website.
MOOVAGO may, at any time and at its own discretion, make modifications to these terms and conditions, subject to notification by any means, including e-mail, and such modifications shall then be immediately applicable to the Parties.
Any Referrer with a valid Session may participate in the MOOVAGO Referral Program.
Registration for the Sponsorship Program is carried out exclusively, at the Sponsor’s discretion :
The Sponsor then undertakes to :
MOOVAGO reserves the right to accept or reject the participation of a Sponsor in the Sponsorship Program, in particular if :
Nothing in the General Terms and Conditions of Sponsorship shall be construed as conferring upon the Sponsor the status of representative or agent of MOOVAGO or conferring upon it any power whatsoever which may engage the liability of MOOVAGO.
The Sponsor is in no way authorized to bind MOOVAGO in any way whatsoever with respect to third parties, in particular with respect to its Godchildren.
Each Referrer has a Referral Link from his/her Session to transmit to third parties and Promotional Material for marketing purposes, in particular on social networks (logos, banners or other communication media). MOOVAGO shall use its best efforts to ensure the effectiveness of the Referral Link. The Sponsor may contact MOOVAGO to benefit from other communication media without MOOVAGO being obliged to provide them.
MOOVAGO undertakes to use the information transmitted by the Sponsor in accordance with the Sponsorship Program. Personal data that may be transmitted by the Sponsor will be processed in accordance with the latter’s request for the sole purpose of sending emails or making telephone contacts for commercial prospecting purposes, and will not be kept by MOOVAGO for purposes other than commercial prospecting.
In the event of a validated Subscription, MOOVAGO will pay the Reward chosen by the Sponsor to the latter under the conditions defined in article 5 of the General Terms and Conditions of Sponsorship.
When the Sponsor actively participates in the Sponsorship Program, MOOVAGO authorizes the Sponsor to promote the Software on a non-exclusive basis, by :
When reproducing the Sponsorship Link and/or any Promotional Material on the Internet, in particular on its website or social networks, the Sponsor undertakes to check that :
When the Sponsor promotes the Software by email, it must not under any circumstances :
The Reward is payable under the conditions hereinafter defined when the Recommendee takes out a subscription to the Software under the conditions described in article 3, leading to the opening of a paying Session, and subject to its acceptance by MOOVAGO. This subscription is active as soon as the IBAN is filled in as part of the validation of the MOOVAGO subscription quote.
The Sponsor cannot receive a Reward:
MOOVAGO remains free to accept or reject the Subscription of a Recommendee without having to justify its decision to the Sponsor.
In the event that a Recommendee cancels the Subscription or obtains a refund of his/her payment for any reason whatsoever, the Sponsor loses the right to the Reward concerned or, if he/she has already received it, must refund the Reward to MOOVAGO.
If the Sponsor fails to comply with the General Terms and Conditions of Sponsorship, the General Terms and Conditions of Sale and Use of the Software, and applicable laws, the Sponsorship Program may be suspended and the Sponsor may lose all rights to any Rewards not yet paid out, including any unpaid Sponsor Rewards.
In return for the Subscription by a Recommendee of a subscription to the Software, and subject to its acceptance by MOOVAGO, the Sponsor shall be remunerated by MOOVAGO in the form of a Reward, namelya credit note, valid on its next due date, corresponding to the amount, excluding taxes, of one month’s MOOVAGO subscription, excluding options and additional tools subscribed to by the Recommendee. This amount applies only to the first year of Subscription by the Patron. Renewal of the Godson’s subscription does not entitle the Godfather to any additional Reward.
The Sponsor can accumulate the rewards obtained from the Subscriptions of several Godchildren.
If the Sponsor is a salaried sales representative of a company, he/she may ask a MOOVAGO advisor to send him/her a gift voucher worth 20 (twenty) euros, including tax, by e-mail or telephone. Acceptance of this request will be at MOOVAGO’s discretion.
In the event that the Sponsor benefits from a credit as a Reward, the total of his/her Rewards is capped at 100% of the amount of the Sponsor’s annual subscription, including options and additional tools.
If the Sponsor receives gift vouchers as a Reward, the total number of Rewards is limited to 9 gift vouchers per year (i.e. 180 (one hundred and eighty) euros incl. VAT).
Rewards may not be collected by the Sponsor unless expressly requested.
Rewards are paid under the following conditions:
The Reward will be paid to the Sponsor after receipt by MOOVAGO of the first payment from the Patron, either for payment in one annual instalment after payment of the annual instalment, or for payment in 12 monthly instalments after payment of the first monthly instalment.
The Godchild will receive one month’s free subscription, applied as follows:
Any renewal does not entitle the Sponsor to any additional Reward. The renewal commitment period will then be 12 months, as initially stipulated in the GTC.
In the event of an involuntary oversight on the part of MOOVAGO to provide the Godchild with his or her Reward, the latter has 12 (twelve) months from the supposed application of this Reward on his or her due date to tradeshow with his or her MOOVAGO advisor.
MOOVAGO reserves the right not to honour this Reward if the Recommendee is not up to date with his/her payments.
The Software and Promotional Material belong to MOOVAGO and are protected by intellectual property rights.
The Sponsor is authorized to use the Promotional material made available by MOOVAGO within the limits granted by the General Conditions of Sponsorship. All rights not expressly granted to the Sponsor by the General Terms and Conditions of Sponsorship are reserved.
For the duration of the General Terms and Conditions of Sponsorship, MOOVAGO grants the Sponsor the right to distribute Promotional Material on the Internet, which may include trademarks, names, logos and slogans belonging to the Sponsor, within the framework of the instructions provided by MOOVAGO regarding the use of these elements and solely for the Sponsorship Program.
With the exception of the aforementioned right of use, the General Terms and Conditions of Sponsorship do not grant the Sponsor any other intellectual property rights, and in particular no rights over the technical and commercial documentation provided by MOOVAGO, which remains the full and exclusive property of MOOVAGO.
MOOVAGO reserves the right to delete or modify the Modules and functionalities of the Software as it sees fit, at any time and without prior notice, without liability on the part of the Sponsor or the Referrer.
MOOVAGO does not warrant that the Software will be free from defects or errors, or that the Software will operate without interruption or malfunction. Updates to the Software may be made on any day and may cause a short interruption in service. MOOVAGO also reserves the right to carry out any technical maintenance or improvement work on the Software in order to ensure its proper operation. The interruption will not give rise to any compensation for the Sponsor.
Under no circumstances shall MOOVAGO be directly or indirectly liable for any damage caused to Sponsors, Godchildren or any third party in connection with the execution of the Sponsorship Program, due to the fault of Sponsors or Godchildren.
MOOVAGO reserves the right to terminate the Sponsorship Program without notice or compensation.
The Sponsor undertakes to distribute the Sponsored Link and Promotional Material under its sole and entire responsibility, in accordance with current legislation and customary practice.
The Sponsor guarantees that any participation in the Sponsorship Program will be carried out in compliance with the laws in force and the Terms and Conditions of Use or Terms and Conditions of the social networks, and that it complies with the legislation relating to the protection of personal data. The Sponsor guarantees that it will not modify the Promotional Material without the prior written consent of MOOVAGO. The Sponsor shall indemnify MOOVAGO (and its affiliated entities, their officers, directors, employees and agents) from any claim or demand, including attorneys’ fees, made by any third party due to the Sponsor’s breach of the General Terms and Conditions of Sponsorship, its misuse of the Sponsorship Program, the Promotional Materials, the Sponsorship Link or the violation of any law or the rights of any third party.
The Referrer agrees to participate in the Referral Program in compliance with these General Terms and Conditions of Referral, all applicable laws, and to use the Software in accordance with the General Terms and Conditions of Sale. The Referrer shall indemnify MOOVAGO (and its affiliated entities, their officers, directors, employees and agents) against any claim or demand, including attorneys’ fees, made by a third party as a result of the Referrer’s breach of the T&Cs, misuse of the Referral Program, or violation of any law or the rights of a third party.
The Referral Program is concluded, on a non-exclusive basis, and for an indefinite period insofar as the Referrer holds a valid Session and participates with MOOVAGO’s consent in the Referral Program.
MOOVAGO may terminate the Sponsorship Program for the Sponsor and the Recommendee at any time if they fail to comply with the GTCP, the General Terms and Conditions of Sale and Use of the Solution or with applicable laws.
Termination of the Software subscription by the Sponsor automatically terminates the Sponsorship Program for the latter. If the Sponsor no longer wishes to benefit from the Sponsorship Program, he/she undertakes not to promote the Software.
When the Sponsorship Program is terminated, for any reason whatsoever, the Rewards validated by MOOVAGO are due to the Sponsor and the Recommendee until the date of termination, provided that they meet the conditions set out in the GPC.
Upon termination of the Sponsorship Program, the Sponsor may no longer reproduce the Sponsorship Link, use the Promotional Material, or send emails promoting the Software.
Contradiction
In the event of any contradiction between the provisions of the GCP and any other provision concerning the Software, it is expressly agreed that the provisions of the GCP shall prevail.
Nullity
If one or more stipulations of the GCP are declared invalid, the other stipulations will retain their full force and scope. In this case, the Parties shall, if possible, replace the invalidated stipulation by a valid stipulation corresponding to the spirit and purpose of the GCP.
In the event of judicial annulment of a clause of the GCP for any reason whatsoever, the court shall substitute a clause of equivalent effect within the scope of its power of interpretation.
Force Majeure
Neither Party shall be liable for any failure or delay in performance caused by an event constituting Force Majeure, in application of article 1218 of the French Civil Code, such as but not limited to: fires, floods, natural disasters, earthquakes, interruption of Internet connections by the access provider, cyber-attacks, strikes, lock-outs.
In such a case, the obligations of the Parties will be suspended from the time of notification of the cause for exoneration by one of the Parties to the other, until such time as the cause for exoneration ceases.
Should such circumstances continue for more than fifteen (15) days, the Parties agree to enter into discussions with a view to modifying the terms of their respective commitments.
If no agreement or alternative is possible, these commitments may be terminated without compensation or notice, by simple written notification by registered letter with acknowledgement of receipt.
