MOOVAGO is a Limited Liability Company with a capital of €5,000, whose head office is located at 82 Boulevard des Arandelles 79180 in CHAURAY registered with the Niort RCS (n°841412497), represented by its manager, Mr. Franck DUBOIS.
MOOVAGO a company specialized in the publishing of an application software in “Software As A Service” mode, known as SaaS.
MOOVAGO offers a web and mobile application, intended for professionals, allowing customer database management, customer database monitoring and other commercial prospecting services. The SERVICES allow customer data to be stored in a single location, for security purposes.
Access to this service is via a web application on the moovago.app website and via a mobile application for mobile phones and tablets.
The words in CAPITALS used have the following meaning:
MOOVAGO: The SARL MOOVAGO company offering the services, also referred to as “The Publisher”
THE SITE: The website www.moovago.com
WEB APPLICATION: The website www.moovago.app
MOBILE APPLICATION: the “MOOVAGO” software application published and provided by SARL MOOVAGO, giving access to the Services, which is available free of charge in the Apple “App Store” and the Google “Google Play Store” to be downloaded by the USER on their Apple iOS or Android terminal. The APPLICATION also includes the CONTENT, software, programs, databases, documentation and all other elements and SERVICES which compose it, the updates and new versions which may be made to the APPLICATION by MOOVAGO.
APPLICATION: Refers to the WEB APPLICATION and the MOBILE APPLICATION
CUSTOMER: All persons, legal or natural, acting in a professional capacity.
USER: Any natural person, employee or agent of the CUSTOMER, with private and personal access to a USER ACCOUNT, secured by an identifier/password pair.
USER ACCOUNT: The USER’s personalized space in the APPLICATION
CONTENT: Designates, without this list being exhaustive, the structure of the APPLICATION and the SITE, the 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 SITE.
CGU-CGA: Designate the general conditions of use and subscription applicable to the contractual relations between MOOVAGO and the CUSTOMER.
SERVICES: Refer to the different functionalities and services offered by the APPLICATION and the SITE.
These CGU-CGA provide for the rights and obligations of MOOVAGO and its CLIENTS in the context of the sale of SERVICES in SaaS mode.
These CGU-CGA apply, without restriction or reservation, to the SERVICES offered on the SITE and the APPLICATION, intended for professional CUSTOMERS.
These CGU-CGA are accessible at any time on the SITE and on the APPLICATION, and will prevail, where applicable, over any other version or any other contradictory document.
By installing the APPLICATION on your terminal and/or by accessing the APPLICATION or the SITE, you accept without condition or reservation the entirety of these T&Cs.
Any document other than these CGU-CGA and in particular prospectuses, advertisements, notices, has only an informative and indicative value, not contractual. The SERVICES presented on the SITE and the APPLICATION are offered worldwide.
Any contrary conditions and in particular any general or specific conditions opposed by the CUSTOMER, cannot, except with the express written agreement of MOOVAGO after negotiation between the parties, prevail over these CGU-CGA, and this, regardless of when these conditions competing companies will have been brought to the attention of MOOVAGO.
The fact that MOOVAGO does not avail itself at a given moment of the application of a provision herein does not constitute a waiver of its right to avail itself subsequently.
The applicable T&Cs-CGA are those in force on the date of connection and use of the APPLICATION or SITE by the USER. MOOVAGO reserves the right to modify the T&Cs-CGA at any time, by posting the modified T&Cs-CGA online on the APPLICATION and on the SITE. Unless otherwise indicated, the modified CGU-CGA will become applicable as soon as they are posted online.
The modifications made will be brought to the attention of CUSTOMERS and USERS by simply posting them online. They are deemed to be accepted without reservation by any CUSTOMER and USER who accesses the APPLICATION or the SITE after being put online.
Any new SERVICE integrating new techniques or new characteristics or functionalities improving the quality of existing SERVICES will also be subject to these CGU-CGA, unless expressly provided otherwise.
Each CUSTOMER, legal entity, guarantees compliance with these CGU-CGA, by all of its employees, employees and agents.
Any USER of the SERVICES declares to be of legal age and to have full legal capacity.
MOOVAGO develops and offers SERVICES for its USERS.
By using the SITE, the APPLICATION and their SERVICES, any USER is prohibited from:
MOOVAGO allows any USER to learn how the APPLICATION works and its functionalities, from a USER ACCOUNT that they can try for 14 days.
The Customer therefore declares to have been able to freely verify, under his responsibility, that the user interface of the Application, its ergonomics, the technologies implemented by the Application or required for its use, are perfectly in conformity with his expectations and compatible with its IT and mobile environment.
No complaint or request for reimbursement may be made by the CUSTOMER on the grounds that one of these elements is not satisfactory or poses any problem.
The CLIENT undertakes to complete the registration forms in good faith, providing accurate information. He undertakes to keep the information on his account up to date. It provides the following information: name, first name, postal address, mobile phone number, email.
All CUSTOMER and USER undertakes not to usurp identity, nor use a false identity likely to mislead third parties.
The USER undertakes to maintain the confidentiality of his password, in order to allow him to access all or part of the SERVICES and his USER ACCOUNT.
The USER cannot therefore hold MOOVAGO liable in the event of actions on the SITE or on the APPLICATION by a third party in possession of their password, it being up to them to take action against this third party. In general, the USER acknowledges that MOOVAGO is not responsible for fraudulent use of his USER ACCOUNT.
The USER undertakes to notify MOOVAGO, as soon as possible, of any unauthorized use of his USER ACCOUNT, as soon as he becomes aware of it.
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 devices:
Apple® iPhone® mobile phone or Apple® iPad® tablet
mobile phone or tablet with the Android® operating system
It is up to the USER to have the equipment with a version of the operating system and/or internet browser equal to or higher than that required by the APPLICATION.
The software version of the APPLICATION may be subject to updates.
The USER must ensure that they update and use the APPLICATION in its latest available version.
Registration for the WEBSITE and the APPLICATION is free, excluding subscription costs with the mobile telephone operator, excluding connection and access costs to the Internet network and excluding any additional costs charged for loading data.
The CUSTOMER then subscribes to the desired subscriptions according to their needs: WEBSITE subscription, APPLICATION subscription, multi-media subscription, and according to the number of USERS.
The CUSTOMER has the possibility to test the SERVICES free of charge for 14 days, the subscription taking effect on the 15th day.
The price of subscriptions appears on the WEBSITE.
The applicable rates are those indicated during registration. They are expressed in euros excluding taxes and are subject to VAT.
The price is payable at the end of the 14-day trial period, by credit card or transfer. In the absence of payment on this date, access to the SERVICES is interrupted.
No discount is granted for early payment.
Two types of subscription are offered
In the event of late payment, late payment penalties at the rate of three times the legal interest rate will be automatically and automatically accrued to MOOVAGO, without any formality or prior notice. Any late payment will result in the entire sums owed by the CUSTOMER becoming immediately payable, without prejudice to any other action that MOOVAGO may be entitled to take in this regard.
In the event of non-compliance with payment conditions, MOOVAGO reserves the right to suspend access to the SERVICES.
MOOVAGO is the exclusive owner of all intellectual property rights relating to the APPLICATION, the SITE and their CONTENT, taken individually or in their entirety, subject to the rights of third parties, whose license MOOVAGO uses.
Without prejudice to the provisions of article 10, none of the provisions of the CGU-CGA can be interpreted as an assignment, transfer, sale, concession, loan, rental, operating authorization granted directly or indirectly by MOOVAGO for the benefit of any CUSTOMER or USER on the APPLICATION, its CONTENT and/or the SERVICES.
MOOVAGO grants the USER a personal right to use the APPLICATION, the CONTENT and the SERVICES, non-exclusive, revocable, non-assignable, non-transferable, solely for their own needs within the framework of the use of the APPLICATION and SERVICES, to the exclusion of any other purpose.
The USER does not acquire any intellectual property rights over the APPLICATION, the CONTENT and/or the SERVICES, nor any rights other than those granted herein.
This license does not confer any rights of use to the USER over the CONTENT. The USER is therefore prohibited from reproducing, representing, adapting and/or exploiting the CONTENT.
The USER expressly undertakes that the use of the APPLICATION and the SERVICES will not in any way infringe the rights of MOOVAGO and in particular that this use will not constitute an act of counterfeiting, unfair or parasitic competition. .
MOOVAGO undertakes to comply with the regulations in force 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 their registration, MOOVAGO collects the USER’s personal data: name, first name, email address, mobile phone number. Fields that must be completed are marked with an *.
This data is mandatory for processing the registration.
The USER has a right of access, a right of rectification, a right to erasure of data concerning him, as well as the right to request portability of the data provided.
The USER has the right to object for legitimate reasons to the processing carried out concerning their data, or to request the limitation of this processing.
The USER also has the right to object at any time and without reason to the processing of your data for direct marketing purposes, as well as to profiling when this is carried out for the same purpose.
The exercise of these rights is done via the following email address: contact[@]moovago.com
The person responsible for the collection and processing of USERS’ personal data is the manager of MOOVAGO.
The storage and processing of the data listed above serves the following purposes:
The 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 guarantee the security of stored data, in particular to prevent unauthorized third parties from accessing it.
MOOVAGO, as Subcontractor, only processes the personal data of the USER’s customers, subject of the SERVICES, on the instructions of the CUSTOMER or USER, as Data Controller.
MOOVAGO undertakes to carry out the processing of personal data, in accordance with the instructions of the CUSTOMER or USER, unless such processing or transfer is required by applicable law. In this case, MOOVAGO informs the CUSTOMER of the existence of such legal obligations before processing or transfer, provided that the law does not prohibit it for important reasons of public interest.
The CUSTOMER entrusts MOOVAGO with the following processing of personal data:
MOOVAGO undertakes to immediately inform the CLIENT if it considers that an instruction constitutes a violation of the legislation applicable to the processing of personal data, in particular the European Data Protection Regulation (GDPR).
Obligations of the Subcontractor towards the Data Controller
The personal data provided by the CUSTOMER or USER on the APPLICATION or the SITE are processed by MOOVAGO in accordance with the CUSTOMER’S instructions.
The Subcontractor also undertakes to permanently comply with the data protection legislation in force.
MOOVAGO undertakes to implement all technical and organizational security measures, including any additional measures, required to ensure that the data processed is not accidentally or illicitly destroyed, lost, damaged or brought to the attention of third parties. unauthorized, 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 required by the Data Controller, MOOVAGO undertakes to provide it with the information necessary to demonstrate compliance with all its obligations with regard to applicable legislation and this Contract, in particular the implementation of technical and security measures. necessary organizational arrangements.
MOOVAGO undertakes to immediately notify the Data Controller upon interruption of an operation, suspicion that data protection rules have been violated or any other irregularity in relation to the processing of personal data. In the event of a security violation leading in particular to destruction, loss, accidental or illicit alteration, unauthorized disclosure or access, MOOVAGO undertakes to inform the Data Controller no later than 24 hours following the discovery of the violation. breach. At the request of the Data Controller, the Processor must assist it in clarifying the extent of the security violation, in particular the preparation of any notification to the supervisory authority and/or the persons concerned.
At the request of the Data Controller, MOOVAGO must assist him in carrying out and completing the impact study, in particular any possible prior consultations with the supervisory authority taking into account the nature of the processing and the information held by the Data Controller. MOOVAGO.
MOOVAGO provides the Data Controller with the necessary documentation to demonstrate compliance with all its obligations and to enable audits, including inspections, to be carried out by the Data Controller or another auditor mandated by it, and contribute to these 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 must immediately inform the Data Controller so that the latter can take care of of the request, unless MOOVAGO is able to process the request itself. When required by the Data Controller, the Subcontractor must assist him in responding to the request.
The use of sub-subcontractors
MOOVAGO may only use another subcontractor (the subcontractor) for the processing of personal data provided for herein after prior agreement from the Data Controller.
Before communicating personal data to the subcontractor, MOOVAGO must ensure that the same obligations relating to the protection of data arising herein are agreed in a subcontracting contract with the subcontractor. MOOVAGO will remain fully responsible to the Data Controller for the obligations relating to the data processing that it has entrusted to its subcontractor.
If personal data is communicated to a foreign subcontractor, the subcontractor must mention that French legislation relating to the protection of personal data is applicable to the subcontractor. In addition, if the subcontractor is established in a member country of the EU or the EEA, the contract must mention that the provisions relating to the data protection legislation applicable in the subcontractor’s country, in particular requests for notification to the supervisory authorities, must be respected.
If the use of the sub-processor is authorized by the Data Controller even though it is located in a third country considered as not ensuring an adequate level of protection and it is not certified within the framework of the “Privacy Shield” or any other equivalent certification system, MOOVAGO must conclude a subcontracting contract in accordance 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 strives to provide USERS with a SITE and an APPLICATION accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of MOOVAGO, and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the APPLICATION and the SITE.
MOOVAGO will endeavor to notify USERS of any maintenance operation; however, MOOVAGO cannot be held responsible in the event of unavailability of the SITE, APPLICATION or SERVICES, due to maintenance operations, even unplanned. .
All USERS undertake to use and operate the WEBSITE and the APPLICATION in accordance with the applicable legislation and regulations and in particular with respect for the rights of third parties.
MOOVAGO cannot be held responsible for interruptions and modifications to the SITE, the APPLICATION and the SERVICES. It is the responsibility of USERS to take all necessary precautions to retain the customer data they enter on the APPLICATION. MOOVAGO cannot be held liable, in particular due to the loss of data or information stored on the APPLICATION, nor due to direct or indirect harm or damage, of any nature whatsoever, resulting from the management , use, exploitation, interruption or malfunction of the APPLICATION.
MOOVAGO cannot be held liable in the event of force majeure or events beyond its control, in particular in the event of interruption of the SITE or the APPLICATION, or of the SERVICES resulting from a failure of the communications network (networks of electronic, electrical communications, etc.) or the USER’S Internet service provider.
It is the responsibility of all USERS to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any attack.
It is the responsibility of all USERS to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any attack.
The USER declares to know and accept 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 linked to network failure or saturation; issues related to transit time, access to information posted online, response times to view, view, query or otherwise transfer data; risks of interruption; the lack of protection of certain data against possible misappropriation or hacking; the risks of contamination by possible viruses circulating on said networks, etc. for which MOOVAGO cannot be held responsible.
MOOVAGO cannot be held responsible for:
Furthermore, MOOVAGO declines all responsibility in the event of misuse of the terminal or computer and/or any incident linked to the use of the terminal when using the APPLICATION or SITE. MOOVAGO cannot under any circumstances be held responsible for any damage, of any nature whatsoever, caused to USERS, their terminals, their computer and telephone equipment and the data stored there, nor for the consequences that may result on their personal, professional or commercial activity.
These CGU-CGA are subject to French law.
All disputes to which these CGU-CGA could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences will be submitted to the competent courts in the jurisdiction of the head office of MOOVAGO.
Any notification to us must be addressed to:
Contact : Mr. Franck DUBOIS
Head office address : 82 Boulevard des Arandelles 79180 Chauray
Telephone number : +33 7 68 45 46 74
Email adress : contact[@]moovago.com
Any notification intended for the USER will in principle be sent by e-mail to the address provided during registration.