TERMS OF USE – FreewayTeam

Last modified on February 1, 2023

1. GENERAL INFORMATION

   A. Scope of Application

   FreewayTeam is a simplified joint-stock company (SAS) validly incorporated and existing under French law, with its registered office located in France at 58 Rue de Monceau, 75008 Paris Cedex 08, registered with the Paris Trade and Companies Registry under the number 927 714 022 (hereinafter referred to as “FreewayTeam”, “we”, “our” or “us”).

   These Terms of Use (hereinafter, the “Terms of Use”) constitute a legally binding agreement between FreewayTeam and any legal entity or individual (hereinafter, the “Client”, “you”, “your” or “yours”) accessing our platform, available as a Software-as-a-Service (SaaS) (the “Platform”).

   FreewayTeam and the Client may hereinafter be collectively referred to as the “Parties” or individually as a “Party”.

   B. Acceptance

   Before accessing our Platform, we ask that you confirm you have read and accepted these Terms of Use.

   Acceptance may take place directly online when you check the box provided for this purpose at the time of registration on the Platform.

   This acceptance is irrevocable and without reservation and also extends to other legal documents available on the Platform, including our general terms of service and our Privacy Policy, available here.

   The Parties are exclusively bound by the provisions set forth in these Terms of Use. The application of any other conditions is excluded between the Parties.

   C. Modification

   We reserve the right to modify these Terms of Use from time to time. In such cases, we will inform you by one of the following means:

   • We will update the date at which the most recent modifications were made, which will appear at the top of our Terms of Use, accessible via the dedicated tab at the bottom of each page on our Platform.
   • Alternatively, we will actively inform you of the changes by sending you an email to the address you provided during your registration on the Platform or our initial contact.

   The modifications are immediately applicable unless otherwise specified. The only version of the Terms of Use applicable is always the one in effect at the time of your acceptance.

   D. Contact

   For any questions, comments, or potential complaints related to these Terms of Use, please feel free to contact us via email at contact@freewayteam.com or by postal mail at the address listed above. We will endeavor to respond to you as soon as possible.

   Should we need to contact you, we will always use the contact details you provided during your registration on the Platform.

2. ACCOUNT

   You need an account to access the Platform. Your account is strictly personal. You may not transfer your account to someone else or use another person’s account without express authorization from FreewayTeam. You must immediately inform us if you become aware that someone else may be using your account without your permission (or if you suspect any other security breach) by contacting us at contact@freewayteam.com.

   When setting up your account, you must provide and continue to provide accurate and complete information, including a valid email address. You are fully responsible for your account and for maintaining the confidentiality of your password. This means you are responsible for anything that happens on your account, including any harm or damage (to us or others) caused by someone using your account without permission.

   In the event of a breach of these Terms of Use, we reserve the right to terminate your account immediately, without prejudice and as a matter of law.

3. USE OF OUR PLATFORM

   You must not use our Platform:

   • In any way that violates any law, rule, decree, decision, judgment, or regulation, or for any illegal or immoral purpose or effect;
   • To send or obtain the sending of any unsolicited or unauthorized advertising, promotional material, or similar communications;
   • To send, receive, knowingly download, publish, display, distribute, broadcast, transmit, use, or reuse any inaccurate, illegal, defamatory, libelous, obscene, offensive, abusive, hateful, threatening, harmful, counterfeit, pornographic, discriminatory, indecent, unsolicited, unauthorized, illegal, or objectionable material or information that may expose you or us to legal action or damage our reputation;
   • To threaten, harass, stalk, abuse, disrupt, or otherwise violate the rights of others.

   Additionally, you must refrain from:

   • Abusing the Platform by intentionally installing viruses, Trojans, worms, logic bombs, or any other material considered harmful or that could damage the software, hardware, or security of the Platform;
   • Attempting to gain unauthorized access to the Platform, the server on which it is hosted, or any other server, computer, or database connected to the Platform;
   • Extracting software, data mining, data scraping, or any related activity from the Platform, its content, or any data it contains;
   • Attacking the Platform through a denial-of-service attack.

   FreewayTeam has discretionary power to enforce these Terms of Use and act against any illegal behavior on its Platform. We may restrict or terminate your access to the Platform or prohibit your account at any time, with or without notice, including, but not limited to, any violation of these Terms of Use.

4. PLATFORM MODIFICATIONS

   FreewayTeam reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Platform or any service, with or without notice and without liability to you.

5. DURATION AND TERMINATION

   These Terms of Use are effective no later than your first access to our Platform and terminate when your account is deleted, thereby preventing further access to the Platform.

   Notwithstanding the above, these Terms of Use may be terminated or ended by operation of law in the following cases:

   • If one of the Parties fails to comply with an obligation under these Terms of Use, the other Party must notify the defaulting Party via registered letter with acknowledgment of receipt to comply with its obligations. If the defaulting Party does not comply with this notice within thirty (30) calendar days from receipt, the Terms of Use will automatically terminate at the exclusive fault and grievance of the defaulting Party, without prejudice to the other Party’s right to claim damages.
   • In the event of bankruptcy, dissolution, liquidation, or cessation of business of one of the Parties for reasons other than financial, the other Party may terminate the Terms of Use with immediate effect, by simple notification, without prior notice.

6. INTELLECTUAL PROPERTY

   All components of our Platform (including, but not limited to, the software, including the source code, layout, text, logos, photographs, designs, images, sound, databases, names, trademarks, and domain names) are works protected by copyright, trademarks, and/or other intellectual property rights.

   All relevant property rights, including intellectual property rights, belong to FreewayTeam or are included on the Platform with the authorization of the respective owners of the relevant property rights. All these rights are reserved.

   You may not use any part of the components of the Platform or made available through it for commercial or professional purposes without obtaining a license to do so from us or our licensors.

   No component of the Platform, nor any data or information provided on it, may be stored (except what is necessary to visit and use the Platform and its features), reproduced, modified, translated, made public, distributed, rented, sold, transferred to third parties, or used in any way without the prior written permission of FreewayTeam.

7. PERSONAL DATA PROTECTION

   We process and retain the personal data we collect through the use of the Platform:

   • In compliance with applicable laws and regulations concerning the processing of personal data, particularly Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016 (“GDPR”) and the Belgian law of July 30, 2018 concerning the protection of individuals regarding the processing of personal data, and
   • In accordance with our Privacy Policy.

   The term “personal data” has the same meaning as in Article 4, 1) of the GDPR.

8. WARRANTIES AND LIMITATION OF LIABILITY

   All obligations of FreewayTeam under these Terms of Use are deemed to be means obligations.

   We strive to provide up-to-date and accurate information. However, we cannot guarantee this at all times and cannot be held responsible for errors or incomplete information you may encounter on the Platform. This applies to all information published on the Platform, including, but not limited to, any content placed on it, including text, images, sound, data, video files, etc.

   We make no statement or warranty and cannot be held responsible for any decisions or actions you may take based on the information provided on the Platform, nor for any mistakes or errors you may make based on the information found on the Platform. We are not liable for direct or indirect damages or any damage caused by inaccuracies, incompleteness, insufficiencies, omissions, or negligence in providing, composing, drafting, or interpreting the information on the Platform.

   We cannot be held responsible for any permanent or temporary damage to your computer equipment or data during or after use of the Platform. In particular, we cannot be held responsible for any transmission of Trojans or other viruses via the Platform.

To the fullest extent permitted by applicable law, FreewayTeam shall not be held liable for any special, incidental, indirect, or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, bodily injury, loss of confidentiality arising from or related in any way to the use or inability to use the Platform, third-party software, and/or third-party hardware used with the Platform, or otherwise in connection with any provision of these Terms), even if FreewayTeam has been advised of the possibility of such damages.

For the development of the Platform, we use, to the extent possible, the most modern available techniques. However, we cannot be held liable for any (temporary) failure, malfunction, or maintenance work on – or of – the Platform.

9. INDEMNIFICATION

The Client agrees, to the extent permitted by applicable law, to indemnify, defend, and hold FreewayTeam harmless against any claims, losses, costs, liabilities, or damages arising from or related to the violation of any provision of these Terms of Use and, more generally, from the violation of laws and regulations that may apply due to the enforcement of these Terms of Use.

10. MISCELLANEOUS

These Terms of Use, along with any legal documents that complement them, including our General Terms of Service and Privacy Policy, constitute the entire agreement between FreewayTeam and the Client concerning the subject matter hereof and supersede all prior agreements between the Parties regarding the use of the Platform.

The failure of FreewayTeam to assert or take any action against the Client in case of violation of any provision of these Terms of Use shall not be considered a waiver of its right to assert or take legal action in the event of a subsequent violation of such provisions by the Client.

The invalidity of any provision contained in these Terms of Use shall not affect the binding nature of the other provisions. The Parties agree that provisions deemed invalid and/or unenforceable by a competent judicial or administrative authority shall be replaced by provisions that are as close as possible to the invalid and/or unenforceable provisions and of equivalent economic effect.

If any contradiction arises or any dispute occurs regarding the interpretation of a term or provision contained in one of the translations (in one or more languages) of these Terms of Use, the French version of the Terms of Use shall prevail.

11. GOVERNING LAW AND COMPETENT JURISDICTION

These Terms of Service are exclusively governed by and construed in accordance with French law.

Any dispute relating to these Terms of Service, including their validity, interpretation, or execution, and generally, any dispute between the Parties, shall be subject to the exclusive jurisdiction of the courts and tribunals of Paris, unless mandatory legal or public order provisions dictate otherwise.

Before initiating legal action, the Parties shall take all reasonable steps to reach an amicable solution to the dispute between them.