TERMS & CONDITIONS​

87 Rue d'Aboukir, 75002 Paris, France
SAS au capital de 1,553 euros
Siret 793 674 524 00 020
RCS PARIS B 793 674 524

As of May, 22nd 2018

Introduction

The following defined terms shall apply to these general terms and conditions together with any term defined in the body of the general terms and conditions. The Mobeye website, , and the mobile application “Mobeye” (“Mobile Application”) owned by the company Mobeye SAS (“Mobeye”) by any user of the mobile application (“User”) for the purchase of products such as photographs, videos, comments, etc. (“Products”) by Mobeye and carried out by the User who accepted a conditional purchase Offer available in the Mobile Application (“Offer”).

Terms and conditions are applicable for the User on the website and on the Mobile Application where they can be directly consulted and be communicated upon request.

The User declares to have acquainted and accepted the present terms and conditions before accepting an Offer. The applicable terms and conditions are applicable both on the website and the mobile application.

The fact that Mobeye does not prevail at a given moment in any one of the provisions of the Terms and Conditions shall be constituted as a waiver to take advantage later of any one of those conditions.

By express agreement, the Terms and Conditions apply only to the Users providing Services only occasionally, so that the amount of the revenue resulting from the sale of the Services cannot exceed 500 euros per calendar year.

In the event that the User exceeds the revenue cap referred to in the previous paragraph and / or performs a business providing Services in a professional capacity, the latter undertakes to notify Mobeye as soon as possible.

Failure to comply with the obligations set out in the preceding paragraphs shall not incur the liability of Mobeye, which reserves the right to dereference the User and to take any action to preserve his rights.

Article 1 – Subscription conditions and User account

In order to use the Mobile Application and have access to the Offers, the User has to subscribe and create a user account.

To open an account, the user must provide personal information about its identity, such as his full name, email address, phone number and date of birth. Otherwise, Mobeye will not be able to open the account. The use of users’ personal information is governed by article 8 of the terms and conditions.

The User declares to have a mobile network coverage on the territory of the Offer, a French or foreign bank account (under the terms of article 4 below) or a Paypal account and to be registered on iTunes or Google Playstore of the location of the Offer or on any other platform supporting the Mobile Application.

The Mobile Application is exclusively reserved to users who are physical person and over 18.

The User who does not comply the conditions required by the terms and conditions will be prohibited from accessing and using the Mobile Application. Mobeye has the right to suspend temporarily or definitively the account of any user.

The User acknowledges and accepts to keep confidential the login and password which allows him/her access to his account. Login and password are strictly personal and do not have to be shared, transferred to any moral or physical person, in whatever form, without Mobeye’s prior written consent.

The User is the only one responsible of his/her account and its relative use.

Article 2 – The Offers

The available Offers can be consulted on the Mobile Application. Offers are updated on a regularly basis and Mobeye has the right to modify the list and the content of Offers at any time.

Each offer meets specific and pre-determined requirements that the User is asked to respect. Non-compliance with one or more of the criteria will void the Offer.

Each Offer contains at least (i) a description of the expecting product (ii) the location of the Offer and the Product (iii) the completion/transfer deadline of the product on the Mobile Application (iv) the amount in euro of the Product purchased by Mobeye in case if the Product is validated by Mobeye.

To receive these Offers, the User must have a smartphone, using at least one of the two system of exploitation iOS 7 or Android 4.4 (or any other equivalent exploitation system accepted by Mobeye) and allowing geolocation.

Article 3 – Completion of the Offer

The User can only select one Offer at a time.

Once the Offer has been selected, the User will have to go to the determined location specified in the Offer, and achieve Products within the time allowed. The User shall be free in managing his/her time and the way he can achieve the products.

As soon as this step has been realised, as required by the description in the Offer, the User will have to transfer the Product to Mobeye accordingly to the instructions as listed in the Mobile Application.

The User agrees to only transfer to Mobeye free of copyrights Products. The User will be able to take pictures, and, in a general way, realising Products, only in public places, or private places open to the public under the agreement of the owner and/or when complying with the internal rules. The Products shall in no circumstances be prejudicial to the right of image and the right to privacy and should disclose no person, no face or no personal distinctive sign. The User agrees to adapt a responsible and respectful attitude in the framework of achieving an Offer.

Mobeye has 5 working days to validate or decline the Products.

The validation is notified to the User by email and the account user is therefore credited with the amount indicated on the Offer. Payment constitutes assignment of User rights on Products for the benefit of Mobeye.

Mobeye has the rights to decline any Product which is considered as not well performed with respect to the criteria mentioned in the Offer. All unsuccessful Products will void the Offer and Users will be notified by email.

The User assigns all the exploitation rights to the Services and / or the elements which compose them, in particular concerning the photographs, the rights of reproduction, representation, translation, adaptation and commercialization, on all supports and for all modes of exploitation. This assignment is made for the duration of the intellectual property rights, in all countries and in all languages. This transfer of intellectual property is realized as and when the performance of the Services in return for payment by Mobeye the price in accordance with Article 4 below. The User expressly acknowledges that the transfer of rights to Mobeye entails the possibility for the latter to transfer, in return for payment or free of charge, to any third party, the rights acquired on the Services.

Article 4 - Bills and payments

The User will receive by email an invoice when Mobeye proceeds to the payment of the Offers of whose Products have been validated by Mobeye. The amount of the invoice corresponds to the total credits on the user account. The indicated amount is gross, the User is responsible if there is any tax or further charge.

The User is free to ask for a bank transfer or a Paypal payment of the sum of the amount appearing on the balance of the user account. Payment requests is done through the mobile application, from the user account, before expiration of the inactivity date mentioned in article 5 below.

Payments shall be made during the 5 working days from notification. However, due to processing charges, no transfer can be made if the amount is below 7 euros.

In case of the User would proceed to a non-French bank transfer, the possible transfer fees and costs are the sole responsibility of the User. Mobeye is not in charge of any fees and bank charges.

In case of of incorrect bank details or Paypal, the User will be notified by email so that he/she can correct his/her bank details/Paypal.

Users are reminded that all amounts received by achieving the Offers must be declared to the tax authorities. The User certifies to fulfil all of its tax obligations, and be in compliance with the Business Formalities Centre where appropriate.

Article 5 – Inactivity of the User

The User accepts that his/her user account will be closed after 12 months of inactivity.

Inactivity is defined as an absence of the User participation to an Offer in the defined conditions in the Articles 2 and 3 above and the period of inactivity starts from the date of the last validation by Mobeye of the Products transferred by the User.

Any amount for which payment has not been requested by the User at the end of this period of inactivity will be lost to the User, the credit balance of the user being sold off.

The User will be warned by emails when the period of inactivity is close.

Article 6 - Relationship between parties

Mobeye on one part, the Users on the other part, are two distinctive and independent parties, each one is acting on its name and on its own account, under the strictly rights assigned to Mobeye under the terms and conditions.

The terms and conditions do not create any subordination link, participation to the company, joint-venture, employee/employer relationship, franchisor/franchisee relationship between Mobeye and the Users. The Users accept the Offers in strict independence.

The User acknowledges not to perform the Offers as a source of principal activity.

Article 7 - Responsibility

Mobeye reserves the right at any time to modify or interrupt its mobile application without responsibility being incurred.

The User should acquire competences and required materials for the use of the mobile application. Mobeye cannot be held responsible for any breakdown caused by the Mobile Application.

By using the mobile application, the User agrees all the risks and relative characteristics of the use of smartphone and Internet, particularly time of transmission, technical errors, or hacking risks. Mobeye is not responsible of any phone costs/transferring costs of the Products.

Mobeye is not responsible for any damage that might be caused to users’ computer hardware / users’ smartphone.

Products are achieved by the Users under their own responsibility.

Mobeye responsibility cannot be engaged for any breach of the Offer due to a third party, in case of force majeure as defined by French courts, and in general all external events which do not allow proper execution of the order.

Article 8 - Intellectual property rights of the website and the mobile application

All the elements viewable on the website and the Mobile Application are protected under the French law of copyrights, image rights and/or trademark laws. Without Mobeye’s prior express and written authorisation, under no circumstances can you print, copy, post, reproduce, publish, distribute, transmit, download, store, or use the elements in any manner.

No rights or licences may be granted in respect thereof without the written authorisation of Mobeye or of the third party owning those rights. The Seller reserves the right to pursue any action for counterfeit of its intellectual property rights.

By accepting the present terms and conditions of use, the User agrees and allows Mobeye to collect, collate, use, transmit, and hold connexion details, traceability, geolocation for the purposes of audience measurement, implementation of its activity and constitution of a data base. The User authorises Mobeye to convey to its clients information about users’ connection data.

Article 9 - Personal data

Mobeye commits to upholding personal data communicated by the Users when the Users subscribe. Files including personal data have been declared to the CNIL.

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) and the law n ° 78-17 of January 6, 1978 as modified by the law n ° 2004-801 of August 6, 2004 known as "Informatique et Libertés", the User as long as he can justify its identity can, regardless of its nationality, has the right to request that personal data concerning it be rectified, completed, updated, locked or deleted if such data are inaccurate, incomplete, equivocal, outdated, or if the collection the use, communication or storage of this data is prohibited. Users can make such requests directly from Mobeye via the following email: contact@mobeye-app.com

The Company provides its Clients / Users with detailed information on the conditions of the collection and use of their personal data in its Personal Data Protection Charter, accessible via its website.

Article 10 - Hyperlinks

Mobeye can suggest links from its web site or from its Mobile Application to other links from the same group or independent websites. Those independent websites are not edited, or supervised or controlled by any manner by Mobeye and do not constitute an agreement or a partnership. Mobeye will not be responsible of their content, products, advertisings, or any other elements or services available on these web sites.

Article 11 - Applicable law – Litigation

All contractual agreements as defined above are governed by the French law. All litigations relating to the terms and conditions are under the jurisdiction of the Paris Trade Court.

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