Terms & Conditions

LABA identification

LABA (" LABA ") is a société par actions simplifiée (simplified joint-stock company) registered with the Evry Trade and Companies Register under no. 980 179 188, with its registered office at 7 rue d'Anjou 91130 Ris-Orangis.

LABA can be contacted at the following address:

e-mail address: contact@labaapp.fr

Our services

LABA offers its customers (the " Customers ") online navigation services dedicated to soft mobility (the " Services ") via the Laba mobile application (the " Platform ").

Information on General Conditions

Function of the General Conditions

The general terms and conditions (the " General Terms and Conditions ") constitute the sole document governing LABA's contractual relationship with the Customer and define :

- the terms of use of its Services,

- the respective obligations of the parties.

Location of the General Conditions

Terms and conditions of acceptance

Use of the Services by the Customer implies acceptance of the General Terms and Conditions, without restriction or reservation.

. If you do not accept the Terms and Conditions in full, you may not access the Services.

They may be supplemented by special conditions which, in the event of contradiction, take precedence over the General Conditions.

Conditions of access to Services

The Customer is a natural person with full legal capacity or, failing this, the Customer is at least 15 years of age or is between 13 and 15 years of age and has obtained the agreement of his legal representative, and he undertakes to provide LABA with the e-mail address of his representative so that LABA can contact him.
The Customer is a consumer, defined as any natural person acting for purposes that do not fall within the scope of his or her professional activity.

How to access and subscribe to Services

In order to benefit from the Services, the Customer must have a smartphone and accept the sharing of his/her geolocation data with the Platform.

The Customer can access the Services directly on the Platform.

To subscribe to the Services, the Customer must complete the form provided for this purpose on the Platform and must provide LABA with all .

Registration automatically opens an account in the Customer's name (the " Account "), enabling him/her to access the Services using his/her login and password.

Description of Services

Services

Before subscribing, the Customer acknowledges that he/she can find out about the characteristics of the Services and their constraints, in particular technical constraints, on the Platform.

The Customer acknowledges that the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which LABA is not responsible.

The Services to which the Customer has subscribed are described on the Platform.

The Customer may access the Services free of charge for a period of 7 days. If the Customer does not subscribe to the paid Services after this period, he will have free access to the Services accessible on a restricted basis. The Customer will then only have access to the Services described on the Platform. As part of the restricted Services, accessible free of charge, the Customer has limited access to the creation and tracking of itineraries. As such, they cannot add favorites or share their itineraries.

Within the framework of the paying Services, the Customer has access to the following Services:

A GPS navigation service with itineraries adapted to the customer's needs for soft mobility.

The customer must then choose the type of trip they want. LABA offers 3 different types of trip:

A fast route: this is the shortest route proposed to reach the destination;
A safe route: this is the route that offers the most cycling infrastructure when available;
A recommended route: this is a mix between the safe route and the fast route.

A service to personalize your route by indicating the desired stopping points;

The ability to save favorite routes;

The possibility of accessing the Platform in "offline" mode in order to consult the journeys recorded by the Customer without any Internet connection;

Access to a referral program under the conditions described on the Platform. The Customer then has a unique referral code which he can pass on to the users he wishes to refer. As soon as a user takes out a paying subscription on the Platform using the Customer's sponsorship code, the user is considered to be sponsored (the " Sponsored "). The Customer who has validated the referral and the Referred User are each credited with a point on the Platform, enabling them to pay for the Services within the limit of the total number of points obtained and the value of the points on the Platform. The value of the points is indicated on the Platform.

LABA reserves the right to offer any other Service.

Any request to modify the Services subscribed to must be the subject of a new subscription.

Supplementary benefits

Maintenance

For the duration of the Services, the Customer benefits from maintenance, in particular corrective and evolutionary maintenance. In this context, access to the Platform may be limited or suspended.

Regarding corrective maintenance, LABA makes its best efforts to provide the Customer with corrective maintenance in order to correct any malfunction or bug found on the Platform.

Concerning evolutionary maintenance, the Customer benefits during the duration of the Services from evolutionary maintenance, which LABA may carry out automatically and without prior notice, and which includes improvements to the Platform's functionalities, the addition of new functionalities and/or technical installations used within the framework of the Platform (aiming to introduce minor or major extensions).

Access to the Platform may also be limited or suspended for planned maintenance purposes, which may include the corrective and evolutionary maintenance operations referred to above.

Hosting

LABA provides, under the terms of an obligation of means, the hosting of the Platform, on its servers or through a professional hosting provider and on servers located in a territory of the European Union.

Technical assistance

In the event of any difficulty encountered when using the Services, the Customer may contact LABA directly on the Platform via the form provided for this purpose.

Service subscription period

The Customer may access the Services in restricted mode and free of charge for a maximum of 7 days, in accordance with the conditions set out on the Platform.

The Customer subscribes to the Services in the form of a subscription ("theSubscription ").

The Subscription begins on the day it is taken out for an initial period of one month or one year, depending on the choice made by the Customer on the Platform.

It is tacitly renewed, for successive periods of the same duration as the initial period (together with the initial period, the " Periods "), from date to date, unless the Subscription is terminated under the conditions of the "Termination of Services" article.

According to article L215-1 of the French Consumer Code:

"For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by dedicated letter or e-mail, no earlier than three months and no later than one month before the end of the period authorizing the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear, comprehensible terms, mentions the non-renewal deadline in a visible box.

Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.

Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial contract to a fixed-term contract, shall in this case be reimbursed within thirty days of the termination date, after deduction of sums corresponding, up to that date, to the performance of the contract. The provisions of this article apply without prejudice to those which by law subject certain contracts to special rules regarding consumer information."

LABA's financial terms

Service prices

The prices of the Services to which the Customer has subscribed are indicated on the Platform.

Any Period started is due in full.

LABA is free to propose promotional offers or price reductions.

LABA's prices may be revised at any time under the conditions of the article "Modification of the General Conditions".

LABA billing and payment terms

LABA sends the Customer an invoice for each Period by any useful means.

Payment is made by direct debit when the Subscription is taken out, then at each renewal via Apple or Google Play.

The customer guarantees that LABA has the necessary authorizations to use this method of payment.

Consequences of late or non-payment

In the event of non-payment or late payment, LABA reserves the right, from the day after the due date shown on the invoice, to :

charge it late payment interest equal to 3 times the legal interest rate, based on the amount of sums not paid by the due date, and a flat-rate indemnity of 40 euros for collection costs, without prejudice to additional compensation if the collection costs actually incurred exceed this amount,
where applicable, declare all sums owed by the Customer to be forfeited and immediately payable.

9. Customer's right of withdrawal

The customer has a right of withdrawal.

This right of withdrawal is valid for 14 calendar days from acceptance of the General Terms and Conditions. The customer may exercise this right free of charge by sending a letter to LABA before the end of this period, to the address mentioned in the article "Identification of LABA":

the completed withdrawal form available in
or any other unambiguous statement expressing the Customer's wish to withdraw.

If the Customer exercises his/her right of withdrawal, LABA will reimburse all payments received, using the same means of payment that the Customer used (unless the Customer expressly accepts a different means), without undue delay and no later than 14 calendar days from the day on which LABA was informed of the Customer's wish to withdraw.

Legal warranty of conformity

Consumers are entitled to invoke the legal guarantee of conformity if a lack of conformity appears during the contractual relationship between the parties. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

The legal warranty of conformity implies the obligation to provide all updates necessary to maintain the conformity of the digital content or service during the contractual relationship between the parties.

The legal guarantee of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.

The consumer may obtain a price reduction by retaining the digital content or digital service, or he may terminate the contract with a full refund in exchange for relinquishing the digital content or digital service, if :

1° The professional refuses to bring the digital content or service into compliance,

2° The compliance of the digital content or service is unjustifiably delayed,

3° The digital content or service may not be brought into conformity at no cost to the consumer,

4° Bringing the digital content or service into compliance causes major inconvenience to the consumer,

5° The non-compliance of the digital content or service persists despite the professional's unsuccessful attempt to bring it into compliance.

The consumer is also entitled to a price reduction or rescission of the contract when the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.

In cases where the lack of conformity is minor, the consumer has the right to cancel the contract only if the contract does not provide for the payment of a price.

Any period of unavailability of the digital content or service for the purpose of bringing it back into conformity suspends the remaining warranty period until the digital content or service is supplied again in conformity.

These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the French Civil Codefor a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.

Intellectual property rights

The Platform is the property of LABA, as are the software, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, etc.) it uses. They are protected by all intellectual property rights or database producers' rights in force. The license granted by LABA to the Customer does not entail any transfer of ownership.

The Customer is granted a non-exclusive, non-transferable SaaS(Software as a Service) license to use the Platform for the duration specified in the article " Duration of subscription to Services ".

The Customer is hereby informed that the Platform integrates data from third-party platforms via APIs, in particular the following platforms:

Openrouteservice © openrouteservice.org by HeiGIT | Map data © OpenStreetMap contributors
OpenStreetMap org/copyright

Customer obligations and liability

The Customer undertakes to provide LABA with all information necessary for the subscription and use of the Services.

The Customer:

guarantees that the information provided in the form is accurate and undertakes to keep it up to date,
acknowledges that this information is proof of its identity and commits it as soon as it is validated,
is responsible for maintaining the confidentiality and security of its login and password. Any access to the Platform using the latter shall be deemed to have been made by him/her.

The Customer must immediately contact LABA at the address mentioned in the article "Identification of LABA" if he finds that his Account has been used without his knowledge. The Customer acknowledges that LABA shall have the right to take all appropriate measures in such a case.

The Customer:

guarantees that the information transmitted to LABA is accurate and undertakes to keep it up to date,
acknowledges that this information is proof of its identity and commits itself as soon as it is validated.

The Customer is responsible for his use of the Services and for any information he shares in this context. He undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf.

The Customer undertakes to comply with the Highway Code and to respect all road safety and road sharing measures. The Customer expressly agrees not to use headphones or earphones while driving the vehicle, even for the sole purpose of benefiting from the route information provided on the Platform.

The Customer undertakes not to use the Services for purposes other than those for which they were designed, and in particular to :

engage in illegal or fraudulent activity,
undermine public order and morality,
prejudice third parties or their rights in any way whatsoever,
violate any contractual, legislative or regulatory provision,
engage in any activity likely to interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,
promote its services and/or sites or those of a third party,
assist or incite a third party to commit one or more of the acts or activities listed above.

The Customer also refrains from :

copy, modify or misappropriate any element belonging to LABA or any concept it exploits within the framework of the Services,
engage in any behavior that interferes with or hijacks LABA's computer systems or undermines its computer security measures,
prejudice the financial, commercial or moral rights and interests of LABA,
market, transfer or give access in any way whatsoever to the Services, to the information hosted on the Platform or to any element belonging to LABA.

The Customer is responsible for the content of any kind that it distributes as part of the Services (the " Content ").

The Customer agrees not to distribute any Content (this list is not exhaustive):

offending public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist),
infringing the rights of third parties (infringing content, infringing personality rights, etc.) and more generally violating a contractual, legislative or regulatory provision,
prejudicial to third parties in any way whatsoever,
misleading, deceptive or proposing or promoting illegal, fraudulent or deceptive activities,
harmful to the computer systems of third parties.

The customer shall indemnify LABA against any claim and/or action that may be brought against it as a result of the customer's breach of any of its obligations. The Customer shall indemnify LABA for any loss suffered and reimburse LABA for any sums it may incur as a result.

The Customer acknowledges that the Services offer an additional, non-alternative solution to assist soft mobility in the context of travel, and that this solution is not a substitute for other means that the Customer may have at his disposal to achieve the same objective.

The Customer acknowledges that in order to use the Services, he/she must be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible. The Customer acknowledges that when using the Services in offline mode, the route data accessible on the Platform may not have been updated since the last backup, and that the route offered may no longer be adapted to the Customer's needs and constraints.

LABA's obligations and liability

LABA undertakes to provide the Services with diligence, it being specified that it is bound by an obligation of means.

In this respect, LABA makes every effort to provide routes corresponding to the requests made by the Customer on the Platform, but does not guarantee the accuracy of the route or the information relating to it.

The customer expressly acknowledges that the itineraries proposed by LABA do not necessarily comply with road safety regulations and that LABA cannot under any circumstances be held liable in this respect.

The itineraries proposed by LABA may not be adapted to weather conditions, which the customer expressly accepts.

The customer remains solely responsible for the route he takes.

LABA makes every effort to provide the Customer with quality Services.

To this end, it carries out regular checks to verify the operation and accessibility of its Services, and may carry out maintenance under the conditions specified in the "Maintenance" article .

However, LABA shall not be held liable for any temporary difficulties or impossibilities in accessing its Services caused by :

circumstances outside its network (and in particular the partial or total failure of the Customer's servers),
failure of equipment, cabling, services or networks not included in its Services or not under its responsibility,
interruption of Services by telecom operators or Internet service providers,
the customer's intervention, in particular through incorrect configuration of the Services,
force majeure.

LABA is responsible for the operation of its servers, the outer limits of which are the connection points.

Furthermore, it does not guarantee that the :

subject to constant research to improve performance and progress, will be totally free of errors, defects or faults,
are standard and in no way based on the customer's personal constraints, and will specifically meet his needs and expectations.

LABA does not offer any service level guarantees for the Platform.

However, LABA makes every effort to maintain 24/7 access to the Platform, except in the event of scheduled maintenance under the conditions defined in the "Maintenance" article, or in the event of force majeure.

LABA provides sufficient storage capacity for the operation of the Services.

LABA makes its best efforts to ensure data security by implementing measures to protect infrastructures and the Platform, to detect and prevent malicious acts and to recover data.

LABA acts as a hosting service provider for the Content that the Customer places online. Consequently, it is not responsible for these Contents.

If LABA receives a notification concerning an illicit Content, it will act promptly to remove it or make it impossible to access, and it may take the measures described in the article "Sanctions in case of breach".

LABA may publish and/or send the Customer any advertising or promotional messages, in particular by referring the Customer to third-party platforms.

LABA is not responsible for :

the technical availability of content, products and/or services on these platforms,
the customer's relationships with these platforms.

LABA may use subcontractors to carry out the Services, and these subcontractors are subject to the same obligations as LABA with regard to their work. Nevertheless, LABA remains solely responsible to the Customer for the proper execution of the Services.

LABA may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the Customer. In such a case, LABA will inform the Customer of this substitution by any written means.

Limitation of LABA's liability

LABA's liability is limited to proven direct damage suffered by the Customer as a result of using the Services.

Admissible methods of proof

Proof may be established by any means.

The Customer is hereby informed that messages exchanged via the Platform as well as data collected on the Platform and LABA's computer equipment constitute one of the admissible methods of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.

Processing of personal data

The parties undertake, each insofar as it is concerned, to comply with all legal and regulatory obligations incumbent upon them with regard to the protection of personal data, in particular Law 78-17 of January 6, 1978 in its latest amended version known as the Loi Informatique et Libertés and Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016 (together the " Applicable Regulations ").

For the purposes of managing the contractual relationship between the parties, each party processes the personal data of the other party's contacts in its capacity as data controller within the meaning of the applicable Regulations, for the duration of the present contract. This processing is necessary for the proper execution of the present contract, and concerns only the identification data (notably surname, first name, e-mail address, telephone number) of the parties.

The staff of each party, their supervisory departments (auditors in particular) and their subcontractors may have access to the personal data collected.

This processing may give rise to the exercise by the parties' contacts of their rights under the applicable Regulations.

To find out more about the processing carried out by LABA, the Customer is invited to consult LABA's privacy policy, which is available on the Platform.

Confidentiality obligations of the parties

Unless otherwise agreed in writing by the other party, the parties respectively undertake to keep confidential, for the duration of their contractual relationship and 3 years thereafter, all information relating to or held by the other party, of which they may have become aware during the conclusion and performance of their contractual relationship.

This obligation does not extend to :

of which the receiving party was already aware,
already public at the time of their communication or which would become public without violation of this clause,
lawfully received from a third party,
whose communication would be required by the legal authorities, in application of the laws and regulations or with a view to establishing the rights of a party within the framework of the contractual relationship between the parties.

Confidential information may be passed on to the parties' respective employees, collaborators, trainees, agents and co-contractors, provided that they are subject to the same obligation of confidentiality.

Force majeure

The parties shall not be liable for any failure or delay in the performance of their contractual obligations due to force majeure occurring during the term of their relationship, as defined in 1218 of the French Civil Code.

If one of the parties is prevented from fulfilling its obligations due to force majeure, it must inform the other party by registered letter with acknowledgement of receipt. Obligations will be suspended upon receipt of the letter, and must be resumed within a reasonable time once the force majeure has ceased.

The prevented party nevertheless remains bound by the performance of any obligations not affected by force majeure and by any payment obligations.

End of Services

The Subscription must be cancelled no later than :

2 days before the end of the current Period for monthly subscriptions
1 month before the end of the current Period in the case of an annual Subscription,

By :

the Customer, directly and free of charge via the Platform's dedicated function,
or by LABA, by sending an email to the Customer.

Any Period started is due in full.

Penalties for non-compliance

The following are essential obligations to the Customer (the " Essential Obligations "):

payment of the price,
not to provide incorrect or incomplete information to LABA,
respect the usual rules of politeness and courtesy when dealing with LABA,
not to use the Services for a third party,
not to engage in illegal or fraudulent activities or activities that infringe the rights or safety of third parties, undermine public order or violate applicable laws and regulations.

In the event of a breach of any of these Essential Obligations, LABA may :

suspend or terminate the Customer's access to the Services,
delete any Content related to the breach,
publish on the Platform any information message that LABA deems useful,
inform any competent authority, cooperate with it and provide it with any information useful in the investigation and suppression of illegal or illicit activities,
take any legal action.

These sanctions are without prejudice to any damages that LABA may claim from the Customer.

In the event of breach of any obligation other than an Essential Obligation, LABA will request the Customer by any useful written means to remedy the breach within a maximum period of 15 calendar days. Services will be terminated at the end of this period if the breach is not remedied.

Termination of the Services entails deletion of the Customer's Account.

Modification of the General Conditions

LABA may modify its General Terms and Conditions at any time and will inform the Customer by any written means (and in particular by e-mail) at least 2 months before they come into force.

The modified General Terms and Conditions apply when the Customer's Subscription is renewed.

If the Customer does not accept these modifications, he must terminate his Subscription in accordance with the terms and conditions set out in the "Termination of Services" article .

If the Customer uses the Services after the entry into force of the modified General Terms and Conditions, LABA considers that the Customer has accepted them.

Registration on the anti-solicitation list

In accordance with law no. 2014-344 of March 17, 2014, the Customer is hereby informed that, as a consumer within the meaning of the Consumer Code, he/she has the option of registering free of charge on the BLOCTEL telephone cold calling opposition list (www.bloctel.gouv.fr) in order to no longer be contacted by telephone by a professional with whom they have no current contractual relationship.

Mediation

In the event of a dispute between the customer and LABA, the customer may have recourse free of charge to the following consumer mediator for an amicable settlement:

Consumer mediation center of justice conciliators (CM2C)

Postal address: 14 rue Saint Jean 75017 Paris

Phone: 01 89 47 00 14

https://www.cm2c.net

Applicable law

The General Conditions are governed by French law.

APPENDIX 1

Cancellation form

Please complete and return this form only if you wish to withdraw from the contract.

To the attention of : LABA

E-mail address: contact@labaapp.fr

I hereby notify you of my withdrawal from the contract for the services : ________________

If the refund is made in a form other than the original means of payment :

I expressly agree that the refund may be made by bank transfer.

Customer name : ___________________

Customer address : __________________

Customer signature : __________________

(only in the case of notification of this form on paper)

Date : __________________

In practice, it is advisable to provide the customer with a durable copy of the GTC that he accepts at the time of registration, i.e. in a format that allows them to be stored and reproduced (article 1127-1 of the French Civil Code).

Any instrument which enables the consumer or professional to store information addressed personally to him or her so that he or she can refer to it at a later date for a period of time appropriate to the purpose for which the information is intended, and which allows identical reproduction of the stored information.

e.g. a PDF file sent with the registration confirmation email or made available to the customer on his account.