GENERAL TERMS AND CONDITIONS OF USE AND SUBSCRIPTION

ARTICLE 1 — PURPOSE AND SCOPE

The website is accessible at the following address: https://espace-vehicule.com

These General Terms and Conditions of Use and Subscription (hereinafter referred to as "GTCUS") apply to the relationship between VIVOMETRIC and any natural person of legal age with the legal capacity to enter into a contract who uses the Site for their personal needs as a consumer (hereinafter "the User").

ARTICLE 2 — SELLER IDENTITY — CUSTOMER SERVICE

The Site is operated by Vivometric Limited, a private limited company under Irish law with a share capital of 100 euros, registered under number 756836, with its registered office at REGUS BLOCK 1, BLANCHARDSTOWN CORPORATE PARK 1, DUBLIN Dublin 15 D15 AKK1, Ireland.

VIVOMETRIC’s sales department can be contacted for any questions or information:

  • By email at the following address: contact@espace-vehicule.com
  • By phone: at 09.70.80.81.76 from Monday to Friday from 8:00 a.m. to 5:00 p.m.

ARTICLE 3 — CREATION OF A PERSONAL ACCOUNT

3.1 — Registration Conditions

Anyone who wishes to register must meet the following conditions:

  • Be of legal age
  • Have the legal capacity to contract
  • Have read and accepted the GTCUS
  • Have completed the mandatory fields in the account creation form

3.2 — Creation Procedure

To create a Personal Account, the User must visit the Site and complete the mandatory fields in the registration form. Each Client may create only one profile for their personal account. Once the form required for account creation has been completed, a confirmation email is sent to the User along with these GTCUS and VIVOMETRIC’s privacy policy.

3.3 — Management of Login Credentials

The login credentials, username and password used to access the Personal Account are chosen by the User, subject to availability considering existing usernames already created by other Users. These credentials are strictly personal and must be kept confidential by the User. In case of loss or theft of these credentials or any unauthorized use of their Personal Account, it is the User’s responsibility to follow the procedure on the Site to generate new credentials.

3.4 — Activation of the Personal Account

By confirming the creation of their Personal Account, the User:

  • Acknowledges having been able to verify and modify, if necessary, the information provided therein;
  • Guarantees having provided accurate, up-to-date, and complete information concerning their identity and contact details.

3.5 — Updating the Personal Account

The User agrees to regularly update all their personal information in their Personal Account to maintain its accuracy.

3.6 — Deletion of the Personal Account

The User may terminate their registration on the Site at any time by requesting the deletion of their Account through the messaging service in their Account. Furthermore, VIVOMETRIC may delete the User’s Account after 3 years of inactivity or under the conditions set out in Article 4.8.2 below. No refund will be issued if the User’s Account is deleted without any fault attributable to VIVOMETRIC.

ARTICLE 4 — SUBSCRIPTION AND SERVICES

4.1 — Description of Services

VIVOMETRIC offers services to vehicle drivers such as:

  • VIN decoding
  • Vehicle valuation
  • A directory of garages
  • A directory of accredited driving schools
  • Assistance with obtaining vehicle clearance certificates
  • Crit'Air stickers
  • Information about speed camera locations
  • Assistance with vehicle sales

These tools aim to provide comprehensive support for all vehicle-related needs, with daily updates and personalized data. The essential features of the Services and offers are presented to the User on the Site. However, the User may inquire about the characteristics of an offer by sending an email to: contact@espace-vehicule.com

In all cases, it is the User’s responsibility to ensure that the Services meet their needs. No refunds or compensation will be provided in the event of an error by the User, particularly in the case of incomplete or inaccurate information provided by the User. The User remains responsible for verifying and correctly applying the laws and regulations applicable to them. VIVOMETRIC cannot be considered as replacing the User's obligations. Therefore, if needed, the User should consult a qualified professional, such as a lawyer, for specialized and personalized advice.

4.2 — Price and Commitment Period

Some Services are accessible free of charge. To access paid Services, the User can subscribe to a monthly plan that includes a trial offer at €0.99 valid for 48 hours. If the trial offer is not canceled before the 48-hour period ends, a monthly subscription of €39.90 will be automatically activated. At the end of each monthly period, the subscription will be automatically and tacitly renewed for successive periods of the same duration. In all cases, prices are expressed in euros, all taxes included.

4.3 — Subscription Terms

The User must carefully read and accept the GTCUS before confirming any offer. By validating the order, the User expressly declares their acceptance of the GTCUS without restriction or reservation. Before confirming the order, the User may review its details and correct any errors. Once this step is validated, the User can no longer cancel the order.

4.4 — Payment Terms

Only bank cards mentioned on the Site are accepted. The User must indicate their card number, its expiration date, the cardholder's name and the visual cryptogram directly in the area provided for this purpose. The transmission of personal information and banking data is fully secured by the payment system which uses an encryption process for the transmission of payment data. This encryption ensures a high level of security for transactions. This information is only accessible to the payment service provider so that it can contact the User's bank. At no time can VIVOMETRIC, or any other third party, access the User's banking data.

For the 48-hour trial offer, payment is made immediately and in a single installment on the day the order is placed by credit card. For the monthly subscription, payment is made automatically at the end of the trial period on a monthly basis by credit card. By subscribing to a monthly plan, the User authorizes VIVOMETRIC to charge the subscription fee each month until the subscription is canceled. The payment will be debited each month using the credit card details provided by the User within the 24 hours preceding the original subscription date.

4.5 — Activation of Services

The services are activated immediately after payment of the order. The delivery of the ordered documents is also immediate. They are available in the User’s Account and also sent by email to the address provided during the order. In case of difficulty, the User can contact VIVOMETRIC at the following email address: contact@espace-vehicule.com

4.6 — Site Accessibility

VIVOMETRIC undertakes to make every effort to ensure that the Site is accessible at all times, 24 hours a day, 7 days a week, except during maintenance periods as outlined below. It is specified that:

  • Disruptions in access to the Site may occur due to the inherent constraints of managing and evolving a website, as well as technical issues and high user traffic which may affect the internet network and cause slowdowns or unavailability making connection impossible.
  • Access to the Site may be temporarily interrupted for service-related needs, particularly to ensure maintenance and servicing.
  • In the event of a security breach identified by VIVOMETRIC that could seriously compromise the Site’s security, VIVOMETRIC may immediately interrupt access to the Site to remedy the breach as quickly as possible.

In all cases, VIVOMETRIC cannot be held liable for service interruptions due to the characteristics and limitations of the Internet, particularly in the event of access network outages, technical performance issues, or response times for viewing, querying, downloading, or transferring information on the Site, unless attributable to its own fault.

4.7 — Right of Withdrawal

For any order and pursuant to Article L221-28 of the Consumer Code, the User expressly waives their right of withdrawal upon delivery of the order.

4.8 — Termination of Subscription

4.8.1 — Termination by the User

The User may cancel the subscription at the due date, without notice and without cause, in the following cases:

  • Either before the end of the 48-hour trial period,
  • Or before the end of the current monthly period for the monthly subscription. The subscription will then be canceled for the following month.

In case of termination by the User, they must go to the "Cancel your subscription" section of their Account. After completing or confirming the required fields, the User will be presented with a summary page of the termination to verify and, if necessary, modify the provided information before finalizing the cancellation.

The User notifies VIVOMETRIC of the termination of the subscription by activating a function presented with the mention: "Confirm termination". In accordance with Article L215-1-1 of the French Consumer Code, when the User notifies the termination of his subscription, VIVOMETRIC confirms receipt of the notification and informs him, by email and within a reasonable time, of the date on which the subscription ends and the effects of the termination. If the Contract is not terminated before the end of the current period, the following month will be due in full. If the User terminates a subscription, he may continue to use it until the end of the current subscription period. The subscription will not be renewed at the end of this period.

4.8.2 — Termination by VIVOMETRIC

VIVOMETRIC reserves the right to terminate the User's subscription and close their Account by sending an email to the User, without notice, compensation, or refund, in the following cases:

  • Illegal use, attempted illegal use, or complicity in illegal use of the Site (including hacking, counterfeiting, or the use of fraudulent contact/payment details, etc.)
  • User's failure to meet one or more of the obligations under the GTCUS,
  • Unresolved late payment within 7 days of the due date.

Termination of the subscription by VIVOMETRIC will result in the permanent closure of the corresponding Account. VIVOMETRIC may refuse the creation of a new account by the User.

ARTICLE 5 - LEGAL GUARANTEES

5.1 — In accordance with Article D.211-3 of the Consumer Code, the User having the status of consumer is informed that he benefits from the legal guarantee applicable to digital services under the following conditions:

The consumer has a period of two years from the supply of the digital content or digital service to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. The legal guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or digital service. The legal guarantee of conformity gives the consumer the right to have the digital content or digital service brought into conformity without undue delay following his request, free of charge and without major inconvenience for him. The consumer can obtain a price reduction by keeping the digital content or digital service or he can terminate the contract by obtaining a full refund in exchange for giving up the digital content or digital service, if:

  • 1° The professional refuses to bring the digital content or digital service into compliance;
  • 2° The compliance of the digital content or digital service is unjustifiably delayed;
  • 3° Compliance of digital content or digital service cannot take place without costs imposed on the consumer;
  • 4° The compliance of the digital content or digital service causes a major inconvenience for the consumer;
  • 5° The non-conformity of the digital content or digital service persists despite the professional's unsuccessful attempt to bring it into compliance.

The consumer is also entitled to a price reduction or termination of the contract when the lack of conformity is so serious that it justifies immediate price reduction or termination of the contract. The consumer is then not required to request that the digital content or digital service be brought into conformity beforehand. In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price. Any period of unavailability of the digital content or digital service with a view to its restoration to conformity suspends the warranty that remained until the supply of the digital content or digital service that is again compliant. The rights mentioned above result from the application of Articles L. 224-25-1 to L. 224-25-31 of the Consumer Code. A professional who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of the average annual turnover (Article L. 242-18-1 of the Consumer Code). The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is retained or to a full refund upon waiver of the digital content or digital service.

ARTICLE 6 - FORCE MAJEURE

Neither Party shall be liable in the event that the performance of its obligations is delayed, restricted or made impossible due to the occurrence of a case of force majeure as defined in the new Article 1218 of the Civil Code (hereinafter "Force Majeure").

The Party experiencing Force Majeure must notify the other Party of its occurrence without delay. In the event of Force Majeure, if the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in the new Articles 1351 and 1351-1 of the Civil Code.

ARTICLE 7 - RESPONSIBILITY

VIVOMETRIC is not liable when the poor performance or non-performance of the obligations resulting from the Contract is attributable either to the User, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of Force Majeure.

In the event that VIVOMETRIC's liability is incurred, it is expressly agreed that it would only be liable for compensation for direct damages of which the User provides proof within the meaning of the new article 1231-4 of the Civil Code.

ARTICLE 8 - PERSONAL DATA

VIVOMETRIC's privacy policy is available on the Site.

ARTICLE 9 - INTELLECTUAL PROPERTY - DATABASE PROTECTION

All elements of the Site, whether visual or audio, including the name, logo, graphics, and underlying technology are protected by intellectual property rights such as copyright, trademark, or patent. They are the exclusive property of VIVOMETRIC or its content providers. Any reproduction, representation, or reuse, in whole or in part, on any medium whatsoever is prohibited. Failure to comply with this prohibition constitutes an infringement that may incur civil and criminal liability for the infringer.

It is prohibited to systematically extract and/or reuse parts of the content of the VIVOMETRIC Site without its prior written authorization. In particular, it is prohibited to use a data extraction robot, or any other similar data collection or extraction tool to extract (in one or more times), or reuse a substantial part of the VIVOMETRIC Site without its prior written authorization. It is prohibited to create and/or publish its own databases that would contain substantial parts (e.g., prices and lists of offers) of the VIVOMETRIC Site without its prior written authorization.

ARTICLE 10 - VALIDITE PARTIELLE

If one or more provisions of the General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

ARTICLE 11 - MODIFICATION OF THE GENERAL CONDITIONS

VIVOMETRIC reserves the right to make changes to its Terms and Conditions. The User will be informed of these changes at least 30 calendar days before the new Terms and Conditions come into effect. If the User fails to accept these terms and conditions, the User may terminate their registration on the Site.

ARTICLE 12 - APPLICABLE LAW

The General Terms and Conditions are subject to French law.