General conditions

Article 1 Definitions

Subscription: subscription by the Customer to a Product or a Service for a certain period of time, the content of which is specified on the Website and on the Application.

Assistance: the offers offered by ALOBEES include technical assistance services.

API: application programming interface

Customer: natural person or legal person who agrees to subscribe to a formula.

Consumer: according to the Hamon Law “any natural person who buys a service or product acts for purposes that are not part of their commercial, industrial, craft or liberal activity”.

Customer Data: The personal data communicated by the Customer is protected in accordance with legislative and regulatory provisions.

Identifier: the user must create an account to be able to access Products or Services. To do so, he must enter a password and an access code.

Information: information disseminated on the Site and/or on the Application made available to Customers by the company ALOBEES as part of a Product or a Service.

Registration: acceptance by the Customer to subscribe to an offer relating to one or more Products and/or Services.

Parties: the company ALOBEES and the Customer.

Products: products highlighted in the offers offered by ALOBEES or its partners.

Services: services marketed by the company ALOBEES or its partners.

Online Services: services provided online on the Website and the Application.

Site: website published by the company ALOBEES.

User: any person who wishes to access Products and/or Services as part of an offer subscribed via an Identifier.

Article 2-1 Acceptance of the general conditions

Any User who wishes to place an order must first accept the General Conditions of Sale in force.

Likewise, the services may be provided when the Customer has accepted the General Conditions of Use.

Therefore, the Customer will be deemed to have accepted the CGV-CGU as soon as he accesses the services or places an order.

Article 2-2 Purpose

The General Terms and Conditions of Sale set out the contractual conditions applicable to any purchase made on the website or on the Application by any purchaser who is a Consumer.

Their purpose is also to define the terms and the General Conditions of Use of the Service by the Customer.

Article 2-3 Field of application

The contractual provisions are applicable to all products ordered and invoiced to buyers residing in France or abroad.

Article 2-4 Contractual provisions

A contractual clause that would be considered void would not, however, lead to the nullity of the General Conditions of Sale and Use, unless it was an impulsive and decisive clause that led one of the parties to conclude the sales contract by subscribing to an offer.

The customer is deemed to have read and accepted without reservation all the provisions of these General Conditions of Sale and Use.

Article 2-5 Modification of the CGV-CGU

The seller reserves the right to modify its General Conditions of Sale and Use at any time, without notice.

The applicable General Conditions of Sale and Use are those in force on the date of the order placed by the buyer (when subscribing to an offer).

Any modification of the General Conditions of Sale and Use will be indicated to the Customer, who will be free to refuse their application and to end their registration.

Article 3-1 Nature of the subscription

Any subscription to a subscription from ALOBEES gives free access to all the functionalities of the application for all users who wish, for fourteen (14) consecutive days.

After this period, all Users will be asked to indicate their bank details if they wish to use all the PRO modules.

If he does not wish to indicate his bank details, the User may nevertheless continue to use the application with the free modules.

The subscription to the PRO modules is not firm or final. Also, the User can withdraw his Credit Card at any time.

Only the subscription to the services giving rise to an order form and an estimate to be signed by the Customer is equivalent to a firm and definitive commitment that can only be called into question in the cases limitatively listed in article 12 hereof.

Article 3-2 Modification of the subscription

All subscription requests are revocable. Also, the buyer can change his subscription at any time.

However, all service orders are irrevocable. Therefore, the buyer must contact the Company to be able to modify or cancel his order provided that there is a fair reason.

The seller undertakes to give its Customer unlimited access to products and services in accordance with those ordered on the website and/or on the Application.

It is important to remember that the product ordered may be subject to changes related to technical developments, under the conditions provided for by the Consumer Code. However, the Customer is free to refuse the application and thus to end his registration.

In the absence of express refusal by the Customer of these CGV-CGU, they will be applicable to him.

Article 3-3 Validity of the commitment

The seller reserves the right to refuse any order for services or subscription to a subscription for legitimate reasons.

Article 3-4 Termination or resolution of the commitment

At any time, the buyer can unsubscribe and end their subscription by withdrawing their Carte Bleue. There is no commitment or obligation to maintain a subscription that is no longer appropriate.

With regard to the services offered by the Company, the purchaser may contact the Company by registered letter with a request for acknowledgement of receipt, in the following situations:

• A product that does not comply with the characteristics declared on the website and/or the application;
• An increase in the price unjustified by a technical modification of the product imposed by the public authorities.

Likewise, the order can be resolved by the seller if:

• The purchaser is misusing the services;
• The buyer does not pay monthly or annually for his package.

Article 3-5 Subscription and services

Any natural or legal person, adult and capable may subscribe to a service offered on the Website and/or on the Application.

This subscription can be made in the name and on behalf of another person called “professional”.

Subscribing to a subscription is free for fourteen (14) consecutive days and is done on the home page.

At the end of these thirty days, all Users will be asked to indicate their bank details if they wish to use all the PRO modules.

Otherwise, the User may continue to use the application with the free modules.

Regarding the order of services, the User must contact the Company to find out the extent of the services offered, namely: the installation of connectors, the creation of summary tables and the export in CSV (macros).

When subscribing to a subscription, the User must fill out a form by providing identification elements (personal data). All this information allows the Company to meet the needs of users by offering them an appropriate service provision.

Also, each User will be asked to provide accurate, complete and accurate information.

The User will be solely responsible for any errors when entering information.

Likewise, the Company will not be held responsible in the event that it has not been notified of a change in situation or erroneous information concerning its Client/User.

Specificities of the Application:

Regarding the Application, the User can subscribe to the Service by downloading it on the Google Play or Apple Store platforms.

All the subscription methods, the characteristics of the Service, and the formulas for subscribing to the Service are available and viewable from the Application.

The User can create an account from the Application by entering a telephone number and identification data.

He is also required to create a password.

The ALOBEES Application is based on a geolocation system requiring the granting of authorization from its users. Indeed, it is the users who voluntarily activate geolocation by indicating the location of the construction site and the collaborators present.

Geolocation is used, among other things, to locate the place where the application was last used.

Geolocation can be deactivated by the User at any time.

Therefore, the User will have the right to oppose this geolocation, but some services may be inaccessible to him.

Article 4-1 Product characteristics

Before subscribing to a subscription offer, Users are asked to read the essential characteristics of the products they wish to order by consulting the pre-contractual information mentioned on the company's website and on its Application.

Thus, the Customer will be able to access these services by subscribing to a subscription offer:

• Follow the news feed
• Manage the schedule
• Share photos and videos
• Enjoy unlimited storage
• Report any anomalies quickly
• Download and edit timesheets
• Assign tasks to construction sites
• Create users
• Create construction sites
• Geolocate employees in real time
• Create “memo” notes
• Manage documents electronically

The Service offered through subscriptions consists in allowing any individual or professional to follow the evolution of one or more projects.

The Company makes it easy to geolocate the addresses of construction sites and to transmit instructions for carrying out the work.

The Website and the Application allow the transmission of photos, which can be reassuring for the parties.

Article 4-2 Characteristics of the services

In addition to the subscriptions mentioned above, the Company offers its Customers tailor-made services that may consist of: the installation of connectors, the creation of summary tables and the export in CSV (macros).

The Customer must contact the Company so that it can prepare an order form and an estimate.

Article 4-3 Solutions that can be subscribed by the Customer

The API is a fully programmable interface that allows third-party software to interact with the platform to automate certain tasks and exchange data.

Subject to the conditions established herein, ALOBEES may grant a personal, non-exclusive, non-exclusive, non-transferable, revocable right, and a limited right to access and use the ALOBEES API interfaces to its Customers. To do this, any User wishing to use the API must contact the company at the following address: contact@alobees.com

However, the API is not available to connect SAGE products to Alobees. All rights to use the API to connect SAGE products are reserved to the company ALOBEES.

Article 5-1 Sale price

The price of subscriptions is indicated on the website and/or on the Application.

The price applicable to subscriptions is that in force on the day the order is placed according to the order form that will have been established and according to the estimate that will have been submitted to the Customer.

The price of the services differs according to the needs of each Customer. Also, the price will be indicated individually on the quotation submitted to the Customer.

Article 5-2 Price change

The seller has the possibility to change its prices at any time, as soon as this change is justified.

Although at any time, the seller may increase the price of its services, it undertakes to apply the rates in force on the day the order is placed or a subscription is taken out.

Article 5-3 Access to services

The User has access to the services for fourteen (14) days, as soon as he creates an account on the home page.

By registering for free, the User has access to news monitoring, photo and video sharing via unlimited storage.

If they want to deepen the experience and access more services, they will be asked to pay a monthly subscription according to the offer they have subscribed to.

If he does not wish to subscribe to a monthly offer, he can, however, use the free modules of the Application.

By paying the monthly subscription, the User who will then become a Customer of the ALOBEES Company and will be able to quickly report any anomalies observed on a construction site, assign tasks, geolocate his employees, manage documents electronically and prepare timesheets.

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Article 6-1 Enforceability

Any payment for ordering services or subscribing to a subscription is made by bank card, bank transfer or direct debit, regardless of the actual use made of the Product or Service by its Users.

Subscribing to a subscription gives free access to all the functionalities of the application, for fourteen (14) consecutive days.

After this period of thirty days, all Users will be asked to indicate their bank details if they wish to use all the PRO modules.

If he does not wish to indicate his bank details, the User can continue to use the application with the free modules.

The User can withdraw their Credit Card at any time. Also, there is no real commitment by the Customer to the Company, even if he uses the PRO modules.

In practice, at the end of the 14-day period of free use, the Customer will be debited on the first day of the subscription he has chosen up to the indicated price multiplied by the number of active users for the coming month.

The Customer may at any time add or deactivate active users via the website and/or the Application. User movements are then regularized during the billing of the following month.

Therefore, billing will take into account: the withdrawal of the lump sum multiplied by the number of users in the coming month, the number of active users in proportion to the time used in the previous month and any credits from users deactivated during the previous month.

If the Customer wishes to cancel his subscription, the overpayment will be transformed into a credit in favor of the Customer, which must be used in the Application in the PRO modules, within six (6) months, before deleting his account.

The Company does not make any refunds.

The payment of monthly payments is made by direct debit on the anniversary date, starting from the 1st month, unless the Customer wishes to withdraw his credit card.

The Customer expressly accepts that the Company will send him the invoice in electronic format.

ALOBEES's electronic invoices are sent to the Customer in PDF format.

The Customer has the possibility to create an account on the online customer area of the company ALOBEES and to proceed with the payment of invoices related to his Orders. It is the Customer's responsibility to guarantee to the Company that he is authorized to carry out payment transactions and to create an account.

For service orders, the Customer will be required to pay a deposit of fifty percent (50%) on the day the quotation and the order form are signed.

Article 6-2 Late payment and outstanding payments

Any delay on the agreed due date will be subject to penalties equal to the interest rate applied by the Central Bank, plus ten (10) percentage points, over the so-called “unpaid” periods, starting from the first day of delay.

The Customer will also automatically be liable to ALOBEES for a fixed recovery compensation of forty (40) euros per unpaid invoice, according to the conditions set by the Commercial Code.

In addition, the Customer must reimburse the company ALOBEES all the costs incurred by the litigation recovery of the amounts due, without prejudice to any damages that may be due to the company ALOBEES.

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Article 7-1 Definition

Delivery means the transfer to the consumer of all the intangible services offered by the company ALOBEES via its website and/or its Application.

Article 7-2 Delivery time

Access to the services will take place on the installation date indicated in the confirmation message after acceptance of the quotation by the Customer.

Access to the subscription is instant. It is done at the time of registration on the website and/or on the Application.

Article 7-3 Delay in delivery

When the product ordered is not available on the date mentioned in the confirmation message, the consumer may, after having unsuccessfully urged the seller to fulfill his delivery obligation, end his commitment by registered letter with request for acknowledgement of receipt or by any other durable medium.

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Article 8-1 Duration of the Subscription

The Subscription starts on the day of subscription on the Website and/or on the Application.

The Subscription is not subject to any commitment on the part of the User. Also, he can unsubscribe at any time and resubscribe later.

Renewal will be subject to the CGV-CGU in force.

Cancellation will take place automatically as soon as the Customer withdraws his credit card. However, it may continue to use the free modules offered by the Company to its Users.

Article 8-2 Modification of the Subscription - Suspension - Cancellation of the subscription to the offer

ALOBEES may replace a Product or Service with another Product or Service equivalent in quality and content. If this were to happen, the company ALOBEES would inform its Customers beforehand. Also, they would have the possibility to refuse said proposed modification and to have a credit that they could use later within the time limit set for this purpose (within six (6) months, before the data is deleted).

All requests must be made by registered letter with acknowledgement of receipt.

ALOBEES reserves the right to suspend access to Services and/or Products, in the event of force majeure, attempted intrusion or breach of the security of the site and/or the Application.

ALOBEES also reserves the right to completely remove a Product or Service. Should this situation arise, Customers will be promptly informed.

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Article 9-1 Consumer Information

Article L. 111-1, 4° of the Consumer Code:

“Before the consumer is bound by a contract for the sale of goods or the supply of services, the professional communicates to the consumer, in a legible and understandable manner, the following information:

1° The essential characteristics of the good or service, taking into account the communication medium used and the good or service concerned;

2° The price of the good or service, in application of articles L. 112-1 to L. 112-4;

3° In the absence of immediate execution of the contract, the date or the period by which the professional undertakes to deliver the goods or to perform the service;

4° Information relating to his identity, his postal, telephone and electronic contact details and his activities, insofar as they are not apparent from the context;

5° If applicable, information relating to legal guarantees, to the functionalities of digital content and, where applicable, to its interoperability, to the existence of any software installation restrictions, to the existence and methods of implementing guarantees and to other contractual conditions;

6° The possibility of using a consumer mediator under the conditions provided for in Title I of Book VI.

The list and the precise content of this information are fixed by decree in the Council of State.”

According to the provisions of the Consumer Code, in its article L112-1: “Any product seller or any service provider informs the consumer, by marking, labelling, displaying or by any other appropriate process, about the prices and the particular conditions of the sale and performance of services, in accordance with procedures established by orders of the Minister in charge of the Economy, after consultation with the National Consumer Council”.

Article 9-2 Guarantees and liability of the company ALOBEES

The Customer has a legal guarantee concerning the defects of the thing sold (called “hidden defects”) provided for in articles 1641 to 1649 of the Civil Code.

ALOBEES does not give any express or implied guarantee as to the Information it publishes.

Therefore, the Customer is solely responsible for subscribing to an offer, for the use and interpretation that it makes of the Information and data published on the Website or on the Application, as well as for the acts and advice that it deduces or issues.

Likewise, the Customer is solely responsible for the use and exploitation of this Information, to the exclusion of any responsibility of the company ALOBEES.

In any case:

• For the Services, the company ALOBEES only subscribes to obligations of means;
• ALOBEES's liability is limited to only damages that are caused directly by a breach that is shown to be exclusively attributable to it;
• ALOBEES is not held responsible for indirect or unforeseeable damages that may result from its breaches. Indirect damages consist of any moral or commercial damage, loss of profits, turnover, orders, income, customers, data loss and any action directed against the Customer by a third party.

In all cases where ALOBEES's liability is established, having regard to the nature, basis and modalities of the action taken against it, it is expressly understood that its liability, under the contract, may never exceed the price of the Subscription paid by the Customer to the company during the six (6) months preceding the date of occurrence of the breach in question.

Article 9-3 Guarantees and Customer Responsibility

Before subscribing to an offer, the Customer must first check the adequacy of the Products and/or Services with his needs and ensure that he is informed and has sufficient information about the contract that will link him to the Company.

The Customer undertakes to use the website and the Application in accordance with the laws and regulations in force.

The Customer is responsible for the use made by himself or his Users or any third party acting on his behalf of the Products and/or Services.

The Customer will be liable if he uses the website and/or the Application outside the limits provided for herein.

The Customer undertakes to put in place the necessary security measures to comply with its obligations and to inform Users and its staff (its collaborators) of the limits of the rights of use provided for in the contract.

The Customer guarantees ALOBEES from any claim or action by any third party in respect of any use of the Products and/or Services not authorized by the contract.

Finally, the Customer accepts all the risks associated with the use of new technologies, such as technical malfunctions and risks of piracy.

Article 10-1 Maintenance of the site

As a result of maintenance operations or updates, the site and/or the Application may be interrupted temporarily.

The Company undertakes to inform its Customers as soon as possible as soon as possible as soon as an interruption is noted by the data controller.

However, it is up to the user to regularly review the updates made to the website and/or the Application.

Article 10-2 Assistance

The Company undertakes to its Customers to ensure the permanence, continuity and quality of access to the Services throughout the duration of the Subscription.

To do this, the Company will endeavour to maintain access to the Application and the website 24 hours a day, 7 days a week and to guarantee the availability of its services, except in cases of force majeure.

The registered User receives technical assistance allowing him to declare any difficulties encountered when using the Services.

He can send an e-mail message to the following address: contact@alobees.com

He can also contact the Company by telephone on 01 84 23 74 96 from Monday to Friday from 9:00 a.m. to 5:00 p.m.

The Company is committed to responding quickly to any request for assistance.

In principle, the User will have a response within a maximum of 48 hours from the receipt of said request, taking into account working days and opening hours.

Article 11 Exemption from liability and force majeure

The seller will not be held liable in the event of non-performance or poor performance of the contract due to an act committed by the buyer, or in the presence of an insurmountable and unforeseeable fact of a third party to the contract or arising from a case of force majeure.

Article 12 Resolution of the order or the subscription

Depending on the cases provided for in the General Conditions of Sale and Use, the contract will end upon its resolution subject to making the request by registered letter with request for acknowledgement of receipt.

The resolution will be acquired by operation of law.

Section 13. Exercise of the right of withdrawal

According to the provisions of articles L. 221-18 and following of the Consumer Code, the Consumer Customer may exercise his right of withdrawal for a contract concluded at a distance within fourteen (14) days, without having to justify his decision or bear any costs other than those provided for in articles L. 221-23 to L. 221-25 of the Consumer Code.

In accordance with the provisions of the Consumer Code, the period of 14 days starts from the day:

“1° From the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4;

2° From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods”.

The Consumer Customer must inform ALOBEES of his decision to withdraw before the expiry of the period of fourteen (14) days mentioned above.

It is important to remember that, in accordance with the provisions of article L. 221-22 of the Consumer Code, the Customer must provide proof of withdrawal.

The right of withdrawal can be exercised at the following address: Société ALOBEES, 24 Avenue du Repos, 94270 Le Kremlin Bicêtre.

The service offered to the Customer will end at the end of fourteen (14) days following the communication of his decision to withdraw in accordance with the provisions of article L. 221-21 of the Consumer Code.

The company ALOBEES undertakes to reimburse the Customer who has exercised his right of withdrawal, by means of a credit note, within fourteen (14) days after learning of the exercise of his right.

It will be specified that:

In accordance with the provisions of article L. 221-28 13° of the Consumer Code, the right of withdrawal cannot be exercised in respect of a contract for the supply of digital content not provided on a material medium, the execution of which began after the express consent of the Customer.

Therefore, the Customer who has expressly agreed to benefit from online Services or the Product in digital format before the end of the withdrawal period, expressly renounces the right to exercise the said right of withdrawal.

Article 14 Insurance underwriting

The Company and the Customer must subscribe to insurance policies that can cover all contractual damages when one of the two parties is likely to incur civil liability.

The subscription to insurance policies must be up to date and valid for the duration of the execution of these policies.

Article 15-1 Processing of personal data

In accordance with the Data Protection Act, all Users have the right to access, rectify and, subject to the legal provisions applicable to the matter, delete data concerning them, which can be exercised by contacting the data controller, Mr. Erwan BAYNAUD.

M.BAYNAUD can be contacted at the following postal address: 24 Avenue du Repos, 94270 Le Kremlin Bicêtre; or by email at the following address: privacy@alobees.com

Users who do not want their contact details to be reused for commercial purposes or to be transmitted to third parties, must inform the department responsible for processing.

The Customer guarantees to the company ALOBEES to have read the privacy policy.

It is important to specify that some of the data collected and processed by ALOBEES is necessary to enable it to pursue the purposes described in the privacy policy (present on the site), and in particular for the provision of services or the management of Orders.

Their non-communication is likely to prevent the provision of Products or Services and the consultation of the website and/or the Application; ALOBEES cannot be held responsible for the incomplete or defective execution of the service provision.

Article 15-2 Cookies

The company ALOBEES uses tracers or cookies.

The Customer is invited to consult the cookie policy available on the website and/or on the Application.

The Customer guarantees ALOBEES that it is fully aware of this cookie policy.

In particular, the Customer is specially informed that the company ALOBEES processes connection data allowing the traceability of Users and computer stations that connect to the Website and/or the Application (date, time, IP address, visitor's computer parameters, visitor's computer settings, page (s) consulted, page (s) consulted, page (s) consulted, page (s) consulted, browser used, browser used, email address, logs, visitor or behavioral statistics).

The use of certain tracers or cookies is necessary to access the content of the services offered.

Article 15-3 Intellectual Property

The Information made available to Customers by ALOBEES as part of the Products, Services, Site and Application, is protected by intellectual property rights, in accordance with the provisions of the Intellectual Property Code.

ALOBEES is the sole owner of all intellectual property rights relating to Information and to textual, graphic, sound, video, software, databases or any other nature composing the Products, Services, Site and Application.

The contract does not involve any transfer of intellectual property rights to the Customer on the Information, Products, Services, Site and Application.

The Customer is authorized to make certain uses of the Information on a non-exclusive basis and under the conditions provided for in the General Conditions of Use present on the website and on the Application.

Article 16 Dispute resolution

Any dispute between the Customer and the Company, in the event of difficulty of interpretation or execution, or in the event of a dispute relating to the CGV-CGU will be subject to French law.

Therefore, in the absence of an amicable agreement, the parties may refer to the competent jurisdiction for any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract as well as for all documents related hereto.

As the Company is French and based in France, any dispute not resolved amicably will be subject to the jurisdiction of French jurisdiction based on the General Terms and Conditions of Sale and Use in French.