General terms and conditions of use
Last update: 01/03/2023
“Administrator(s)” means the person(s), at the Customer, responsible for the Solution, its use and, in particular, the management of the ID for the Users. For the purposes of these T&Cs, an Administrator shall also be understood as a User.
“Anomaly” means a defect in the Solution taking the form of a permanent and reproducible malfunction, i.e. by operation of the Solution that does not comply with its documentation and not attributable to misuse or modification of the Solution by the Customer or any other person not authorised by the Company.
“Customer” means the entity that has subscribed to a Subscription to the Solution, for the benefit of its Users.
“General Terms and Conditions of Use” or “T&Cs” means this document.
“ID” means the combination of a login and password, necessary to be able to access the Solution.
“Resources” means a person (technician, sales representative, etc.), a vehicle (car, truck, etc.), a mobile object, or any other element in respect of which the Solution optimises business planning, or using the Solution through the associated mobile application.
“Company” means DNM Holding SAS with capital of €8,804,440.00, whose registered office is located at 40 rue Eugène Dupuis, 94000 Créteil. Créteil Trade and Companies Register – SIRET 88491111600025
“Solution” means the SaaS solution published by the Company.
“User(s)” means any individual who is an employee (permanent or non-permanent), trainee, temporary worker or subcontractor of the Customer, authorised by the Customer to access and/or use all or part of the Solution and who has an ID for this purpose.
“Geographic Area” means the geographical area for which the User is authorised to use the Solution, the analyses and processing carried out by the Customer with the Solution being limited to information included exclusively in this area (for example, a country or group of countries, a region, a city, etc.).
The purpose of the T&Cs is to define the conditions under which the User is authorised to use the Solution made available and hosted by the Company.
By accessing the Solution, the User is invited to acknowledge having read and accepted the T&Cs.
The Company may need to amend the T&Cs at any time, particularly for commercial reasons, in order to adapt to the technological environment, or to comply with the regulations in force.
The User must therefore regularly check the Solution to remain informed of any change or update of the T&Cs. Any substantial change to the T&Cs shall nevertheless be notified to the User, by any means.
3. ACCESS TO THE SOLUTION
The User has personal access to the Solution.
When creating personal access, a temporary password is sent to the User by email.
The latter must change this temporary password upon first log-in, according to complexity requirements consistent with state-of-the-art complexity constraints, such as for example: minimum length of 8 characters; and at least 3 of the following 4 types: special characters; upper-case; lower case; numbers; not matching the last 3 passwords used.
This password should be regularly changed by the User at least every 3 months.
The right of access to the Solution is personal, non-exclusive, non-assignable and non-transferable. It is limited to the Geographic Area. In this context, the Solution must be used for the sole personal and personal needs of the User and the Customer, to the exclusion of any other use, particularly direct or indirect commercial use.
Any use not expressly authorised herein, or non-compliant with the intended use of the Solution, is unlawful.
4. CONFIDENTIALITY OF THE ID
The ID is reserved for the exclusive use of the User to whom it is assigned. The User undertakes to preserve the confidentiality of his/her ID and not to pass it on to third parties under any circumstances.
The User is presumed to be liable for any action resulting from a connection to the Solution using his/her ID. The Company shall under no circumstances be held liable for the consequences of fraudulent use of the ID.
In the event of loss or unauthorised use of the ID, the User must make a request by email to his/her Administrator for it to be reset.
In all cases of theft or unauthorised use of his/her ID, the User shall notify the Administrator as soon as possible so that the Administrator can take all appropriate measures to ensure the security of the User’s and the Company’s data.
5. ACCESS TO THE SUPPORT SERVICE – EVOLUTION
The Company provides a support service for the Solution including:
– assistance with reasonable use of the Solution;
– considering requests for intervention, with allocation of a ticket number;
– diagnosis of the reported Anomaly;
– updates, patches or workaround solutions relating to the Solution, and the Anomaly, after the Company has analysed the Solution.
In the event of difficulty regarding the Solution, the User shall contact his/her Administrator.
Under no circumstances shall the Company provide the support service directly to Users.
Any request for intervention must contain the elements necessary for the analysis and resolution of the anomaly, in particular:
– the name of the Customer;
– a description of the Anomaly;
– the period of observation of the Anomaly and its circumstances.
Upon receipt of the request, the support service will confirm the handling of the request by return email.
The support service may need to request additional information for the proper performance of the diagnosis.
6. INTELLECTUAL PROPERTY
The architecture of the Solution, the trademarks, domain names, databases, software, content and all other elements comprising the Solution, without this list being exhaustive (hereinafter the “Protected Elements”), are the exclusive property of the Company or the property of third parties that have granted a licence to it. The T&Cs do not entail any assignment of intellectual property rights attached to the Solution or to the Protected Elements for the benefit of the User.
The User is prohibited from any action likely to infringe, directly or indirectly, the Company’s intellectual property rights, or, as applicable, the property rights of third parties on the Protected Elements. Thus, the reproduction, representation, transmission, modification, marketing of Protected Elements or the creation of derivative works based on the Protected Elements without the prior written consent of the Company are strictly prohibited and may be may be punished as counterfeit.
7. PROHIBITED BEHAVIOUR
The Solution is an automated data processing system. Any fraudulent access or maintenance within the latter is prohibited and subject to criminal prosecution. The same applies to any hindrance or alteration of the operation of this system, or in the event of the introduction, deletion or modification of the data contained therein. Thus, the User undertakes not to disrupt the proper functioning of this system, and in particular not to introduce viruses to it, nor to damage, illegally access or modify the data stored on the Solution.
The User must not extract and/or reuse parts of the content of the Solution without the prior written consent of the Company. In particular, the User must not use any data extraction bot, or any other similar data collection tool to extract or reuse a substantial part, or a non-substantial part but in a systematic or repeated manner, of the elements contained on the Solution. In this context, the User undertakes not to access or attempt to access the Solution by any means other than the interface of the Solution provided by the Company.
The User also undertakes to comply with all laws and regulations applicable to his/her use of the Solution and in particular not to use the Solution in a manner that violates public order or morality, the applicable regulations on the protection of personal data, the confidentiality of correspondence, image rights and respect for the privacy of others, or more generally any rights of third parties.
The User is solely responsible for any damage caused to third parties as a result of his/her use of the Solution.
8. OPERATION AND AVAILABILITY OF THE SOLUTION
The Company shall make every effort to keep the Solution accessible 7 days a week and 24 hours a day. Nevertheless, access to the Solution may be temporarily suspended due to technical maintenance, migration, or updates or constraints related to the operation of the Internet.
The Company will make its best effort to secure the User’s access to the Solution, but cannot guarantee absolute security. The Company cannot be held liable for the relative reliability of the transmission of data via the Internet, nor more generally for malfunctions or damage inherent to the use of the Internet, such as service disruption, external intrusion or presence of computer viruses, or breaches of computer security that may cause damage to its computer equipment and data.
The Company cannot be held liable to the User for any damage resulting from his/her use of the Solution (and in particular but not limited to any loss of data, loss of customers or activity, loss of opportunity or opportunity, damage to reputation) or its inability to access it, of its use of the elements contained in the Solution, any failure, error or interruption of the Solution.
In the event of a breach by the User of the T&Cs, the Company reserves the right to claim compensation from the User for the consequences of this breach.
The Solution may contain hyperlinks to third-party websites. Insofar as the Company has no control over these websites, it cannot under any circumstances guarantee or be liable, in particular, for the availability of said websites, the content or other elements found on these websites, or for the transactions that the User may be required to carry out on these third-party websites.
11. PROTECTION OF PERSONAL DATA
When using the Solution, and in order to provide the User with access to the Solution, the Company may be required to process personal data concerning the User, on its behalf and on behalf of the Customer.
The Company invites the User to consult the Customer’s personal data protection policy for more information on the use of his/her personal data by the Customer in connection with the use of the Solution.
Nomadia’s personal data protection policy is available at the following link:
Protection of personal data – Nomadia (nomadia-group.com)