Conditions Générales d'utilisation des services Wemap

Applicable from 03/25/2016 - Last updated on 09/10/2023

Share capital of Wemap: €37,400.30.

VAT number: FR01 793 369 075.

Name of publication director: Mr. Emmanuel MOUREN.

Host: Amazon Web Services, Inc. PO Box 81226 Seattle, WA 98108-1226. Tel: (206) 266-4064

1. Preamble

The Wemap services, accessible via the Internet or our applications (mobile and tablet), allow people who have created an account to personalize digital geographic maps with Pinpoints (as defined below) and their content and thus to create, explore and share local information with other Internet users.

These General Terms of Use (supplemented where applicable by Special Conditions) and Our Privacy Policy constitute a contract concluded between, on the one hand, the company WEMAP SAS, with a share capital of €37,400.30 located at 1025, avenue Henri Becquerel, 34000 Montpellier, France, registered with the RCS of Montpellier under number 793 369 075 ("WEMAP", "We", "Our") and, on the other hand, each user accessing, downloading, installing and/or using all or part of our services ("User", "You", "Your").

When You use Our site, Our mobile applications, Our products and services, Our hosting services, Our application programming interfaces, (hereinafter the "Wemap Services"), You submit to these General Conditions of Use of the Wemap Services ("General Conditions of Use") as well as to the specific and/or particular Conditions specific to the different Wemap Services offered ("Particular Conditions"), where applicable supplementing these conditions, and to our Confidentiality Policy.

By accessing, downloading, installing and/or using Our Wemap Services, You agree to be bound by all applicable contractual terms. Please read these General Terms of Use, the Specific Terms and Our Privacy Policy carefully before any access and use. In particular, if you are a professional, please consult the Specific Terms of Wemap Professional Services.

If you are a minor, we remind you that you must have obtained the consent of your legal representative(s) – for example your parents – to subscribe to the Wemap Services.

You may at any time consult, store on Your computer or on another medium, or print on paper the applicable Wemap contractual conditions.

If You refuse all or part of any of the obligations or conditions contained in the General Conditions of Use, the Specific Conditions and/or Confidentiality Policy, please do not continue to use Our Wemap Services.

2. Definitions

Applications: means the websites, web or mobile, applications (mobile and tablets) and/or any computer program, API, tag, widget (including any modification and/or update) developed by Us or on Our behalf and allowing the use of the Wemap Services.

User Content Means any audio, video, image, text, information, feed, as well as any other element protected or not by an intellectual property right or by legal provisions, existing or future, communicated and published by the User on the Wemap Applications and/or Services.

Map: means any geographic map made available by Wemap to Users via the Applications and which can be personalized by Users.

Partner(s): means any natural or legal person offering their own goods and/or services to Users via our Wemap Applications and Services, with whom Wemap has entered into a partnership and identified as such in the Wemap Applications or Services. Pinpoint: means any point of interest, image, video or local information whose creation is proposed to Users as part of the Wemap Services and allowing Users to personalize their Map. Pinpoints can be personalized by Users with User Content. Professional: means any User (natural or legal person) who has subscribed to the Wemap Professional Services in order to present, offer their own goods and/or services and/or interests to other Users via Our Wemap Applications and Services.

Wemap Service(s): means, individually or collectively, any service, and all associated functions and features that We offer on the Applications. Some Services are provided without monetary compensation. Services provided to professionals are chargeable.

User: means any person (Professional or not) who uses the Wemap Services and/or the Applications.

3. Modifications

We may modify, at any time, all or part of the Applications and/or the Wemap Services and/or the applicable contractual conditions, it being specified that the most recent version of the contractual conditions will be the one available on the Applications. Even if We will inform You of the change, Users must regularly check and periodically read the General Conditions of Use, the Specific Conditions and Our Privacy Policy in order to remain permanently informed of the conditions applicable to them. In the event of substantial modifications (e.g. modification of the financial conditions), We will bring these modifications to your attention within a reasonable period of time before they come into force so that you can, in the event of disagreement with these modifications, terminate your account.

4. Wemap Services

4.1. Description of the Wemap Services. The Wemap Services allow Users to create, consume and interact with local information, visualized in the form of Pinpoints, lists of Pinpoints or sets of Pinpoints presented on a Map and, thus, to benefit from and participate in quality local information. The User is informed that by default any User Content that he publishes will be public, i.e. it will be visible to Internet users (public mode). However, the User can configure his account to ensure that his User Content is accessible (i) by his friends only (restricted sharing mode) or (ii) by him alone (private mode). In any event, We strongly advise Users to avoid communicating personal, private and/or confidential information, images, or any other element that Users wish to keep personal or confidential or information that allows other Users to contact them directly (for example, email address and telephone number). We invite Users to avoid communicating data and/or information relating to third parties without their prior consent. The Wemap Professional Services, which allow access to advanced features and services, are more precisely described in the Special Conditions of Wemap Professional Services.

4.2. Access to Wemap Services. Two types of access to Wemap Services are possible:

4.2.1. Free access (without creating an account). This access does not require registration and allows anyone with an internet connection to view the Users' Maps, Pinpoints and User Content unless the latter have chosen not to make them accessible.

4.2.2. Restricted access (with account creation). This access, which requires the creation of a personal account, allows Users in particular to (i) create Pinpoints (ii) share their Pinpoints and lists of Pinpoints and their User Content via the Applications and/or third-party applications (such as Facebook, Twitter, etc.) and (iii) interact with other Users.

4.2.3. Access to the Wemap Professional Services is reserved for Professionals and is specified in the Specific Conditions of Wemap Professional Services.

5. Creating an account

You may subscribe to restricted access to the Wemap Services either (i) by creating a specific account for the Wemap Services or (ii) by using your Facebook account or Twitter account details.

5.1. Creation of an account specific to the Wemap Services. When creating a specific account for the Wemap Services, the User will be asked to choose a username and password that will be used for identification. The password is completely confidential. A valid email address is required.

5.2. General. In general, regardless of the method of registration, the User undertakes that all information provided by him/her as part of his/her registration is accurate, correct and up to date and hereby assumes responsibility for the accuracy and truthfulness of said information provided. The User also undertakes to update all information relating to his/her profile in the event of a change in this information. Any failure by the User, false declaration, in particular with a view to usurping the identity of a third party, is likely to result in the permanent deletion of the registration without any compensation of any kind whatsoever. The User agrees that he/she is fully responsible for his/her identifiers and password as well as for the use that may be made of his/her account. In the event of suspicion of unauthorized use of his/her identifiers by a third party, the User is invited to change his/her password. In any event, the User undertakes to inform us immediately of any unauthorized use of his account and/or any breach of the confidentiality and/or security of his identifiers. If, through the fault of the User, unauthorized use of the identifiers is made, said User will be responsible for any act resulting from the misuse of the Application and the Wemap Services relating thereto. Wemap may not under any circumstances be held responsible for any loss or damage resulting from a failure by the User to comply with the obligations stipulated in this article.

6. Availability

The Wemap Applications and Services are provided and operate by means of the Internet and/or mobile networks which are outside the control of Wemap. Wemap, the Wemap group companies and their subcontractors accept no liability for the unavailability of the Wemap Applications and/or Services or any difficulty or inability to download or access content or any failure of the communication system which could render the Wemap Applications and/or Services unavailable.

7. Location

The use of the geolocation functionality of the applications is not mandatory to consult the Maps of the users but certain other Services and/or Wemap functionalities may not work if the geolocation function is not activated. In particular, deactivating the functionality blocks the possibility of displaying the Pinpoints near the place where you are.

The use of the geolocation functionality is based on the settings that you have configured for the operating system of your smartphone/tablet and/or the operating system of your internet browser. To do this, you must activate, if you wish, the geolocation function directly in the settings of your smartphone and/or your browser and accept that the Application can use it. The activation of geolocation is notified by a pictogram on your screen. You can deactivate the geolocation function at any time by using the button provided for this purpose in the Privacy Settings section of your smartphone and/or your browser.

8. Use of Wemap Applications and Services

In general, the User undertakes not to engage in acts of any nature whatsoever that would have the effect of undermining public order, our rights or the rights of third parties or, more generally, of being contrary to the legal, regulatory or customs provisions in force. In particular, the User undertakes to scrupulously respect the following rules:

- Not to publish inaccurate or misleading information when creating an account or using the Wemap Services, in particular to deceive others;

- not to publish User Content that would infringe the rights of third parties or Ours, and in particular intellectual property rights, such as copyright, database rights, trademark or patent rights, or personality rights, such as the right to privacy, image or even honor or dignity;

- Use the Wemap Applications and Services fairly and in accordance with their purpose and the conditions of use,

- Do not disseminate messages, photos, videos and content of a violent nature or likely to seriously undermine human dignity, including using a webcam,

- Not to disseminate any content that could be considered as an incitement to commit crimes and offences, the dissemination of insulting, abusive, denigrating, defamatory, racist, revisionist messages, advocating war crimes, pedophiles, relating to the sale of organs, the sale of illicit substances or any other illicit object and/or service, advocating terrorism, calling for murder or inciting suicide, without this list being exhaustive,

- Not to disseminate any content that could be considered as an incitement to commit crimes and offences, the dissemination of insulting, abusive, denigrating, defamatory, racist, revisionist messages, advocating war crimes, pedophiles, relating to the sale of organs, the sale of illicit substances or any other illicit object and/or service, advocating terrorism, calling for murder or inciting suicide, without this list being exhaustive,

- Not attempt to mislead Users by usurping the name of a natural person or the business name of a legal entity;

- Not to use the Wemap Applications and/or Services for the purposes of advertising in favor of its personal website or for any other commercial purposes unless this has been expressly authorized by Wemap;

- Do not harass, attack or provoke in any way one or more other Users.

In addition, the User also undertakes not to harm or attempt to harm the integrity or security of the IT infrastructure underlying the operation of the Wemap Applications and/or Services. As such, the User undertakes, in particular, to scrupulously respect the following rules:

- Do not use the Wemap Applications or Services to transmit unsolicited commercial messages (“spam”);

- Do not distribute computer data that would disrupt the normal functioning of the Wemap Applications or Services (such as computer robots, viruses, etc.);

- Upload, display, transmit in any way any content containing computer viruses, worms, Trojan horses, codes or scripts that may harm the integrity or confidentiality of systems and data

- Not to extract data contained in the Wemap Applications and/or Services, either in terms of the data that we store ourselves or through our subcontractors or other service providers for the operation of the Wemap Services, or in terms of the comments of other Users, in order to make unauthorized reuse thereof;

- Not to collect information from other Users, including their email address, in order to use them in particular for sending commercial or equivalent solicitations, or to integrate them into a referencing service.

In the event of a breach by a User of one or more of these rules, the Wemap Services for the benefit of the User may be suspended temporarily or permanently, without notice or formal notice. In addition, disputed messages may be deleted and the User's account may be blocked temporarily or permanently.

9. Intellectual property

9.1. Ownership of the Wemap Applications and Services. The Wemap Applications and Services are Our property or are licensed by third parties for Our benefit. We (or our partners) are the owners of all intellectual property rights to both the structure and content of the Wemap Applications and Services or have regularly acquired the rights to operate them. Nothing herein grants you the right to use the trademarks, logos, domain names and other distinctive signs of Wemap. Any unauthorized use of the Wemap Applications and/or Services may give rise to civil and/or criminal legal proceedings and the payment of damages.

9.2. License to use the Wemap Applications and Services. The Applications may be used by Users within the framework of the Wemap Services in accordance with the provisions of these General Conditions of Use (and the Special Conditions where applicable).

The mobile version of the Applications can be downloaded from our partners' platforms (e.g. Apple App Store, Google Play) and installed on Your mobile phone and/or tablet. We grant the User a non-exclusive, personal and non-transferable license to use the Wemap Applications and Services. This license gives the User the rights, strictly listed, to access the Wemap Applications and Services and to use them only within the framework and for the purposes provided for in the Terms of Use (and Special Conditions where applicable) and may not under any circumstances be used for other purposes. In particular, any reproduction, representation, adaptation, modification, translation, transformation, distribution, integration into a website, commercial or non-commercial exploitation, and/or reuse in any way whatsoever of all or part of the Wemap Applications and/or Services without the express written authorization of Wemap is strictly prohibited. Except as provided by law, it is prohibited to reverse engineer, disassemble or decompile the Applications or to authorize anyone else to do so. The use of any unauthorized automated or computerized instrument to access, obtain, reproduce, download, suck, use the Applications, the Wemap Services and their contents is strictly prohibited.

9.3. Ownership of User Content. The User remains the owner of the intellectual property rights that he/she holds over the User Content. In this regard, We invite you to verify that you have all the necessary rights and authorizations to publish and share the User Content through our Wemap Applications and Services and to grant us the rights to the User Content in accordance with these provisions.

9.4 Wemap guarantees that it is the sole owner of the intellectual property rights relating to the Wemap Applications and Services, or at least that it has obtained the necessary agreements and/or authorizations to allow the User to benefit from them.

In this respect, Wemap guarantees in particular that:

- the Wemap Applications and Services do not contain any unauthorized borrowing from a third party's work and include all the notices necessary to comply with intellectual property law;

- the Wemap Applications and Services do not infringe or violate any rights belonging to any third party, including any intellectual property rights, trademark or model rights or patents, or trade secrets, know-how, in whole or in part;

- Wemap has regularized all transfers, rights licenses and/or authorizations in accordance with the requirements of the Intellectual Property and Personality Rights Code, in particular with authors, publishers, producers or competent rights collection and distribution companies, third parties, employees or independent contractors, or any other operations necessary for the proper functioning of the Wemap Applications and Services.

In this respect, Wemap guarantees the User against any recourse, action (in particular action for infringement) or request emanating from third parties relating to the guarantees defined above.

10. Liability

10.1. Liability of Wemap

We do not in any way guarantee the accuracy, quality, legality or suitability for a particular purpose of the Wemap Applications and Services. Similarly, we cannot be held responsible for any consequences that may arise from the interaction of Users with each other through the Wemap Application and Services.

Due to the particular nature of the Internet network, We may at any time interrupt or restrict access to the Wemap Applications and Services due to events beyond Our control and the User Content, as well as the information communicated by Users may be destroyed or made inaccessible.

We cannot be held liable in the event of interruption of access to the Wemap Application and Services due to maintenance operations, updates or modifications to all or part of the Wemap Application and Services.

If we were to be held liable for damage not provided for in this article, our liability would be limited to certain, real and direct damages. Under no circumstances can our company, its directors, employees and, in general, its representatives and partners, be held liable for indirect damages resulting from the use of the Wemap Application and Services, and in particular for loss of earnings, loss of profit or damages resulting from the loss of data caused by the inability to use the Wemap Applications and/or Services.

10.2. User Responsibility

The User is responsible for preserving the security and integrity of his data, hardware and software when accessing the Applications or using the Wemap Services. It is therefore the User's responsibility to make a copy of the information or User Content that he puts online through the Wemap Applications and Services.

The User is solely responsible for the use he makes or intends to make of the Wemap Application and Services as well as the User Content that he publishes at his discretion on the Wemap Services and for any consequences that may result therefrom. The User guarantees Wemap against any claim brought by third parties on the grounds that the User Content constitutes (i) a violation of intellectual or industrial property rights claimed by third parties (ii) a violation of the law.

11. Access to third-party sites and services

The Wemap Services may contain hyperlinks, displayed manually or automatically, that may refer the User to websites published and managed by third parties (in particular Partner and/or Professional sites). We inform the User that We do not exercise any control or monitoring over third-party sites. We are not responsible for the content and services made available on these sites, for security or integrity problems of data, hardware and software, or for any consequences or damage that may result from the use of these third-party sites.

12. Privacy Policy relating to personal data

Wemap Services collect information about Users. Our Privacy Policy contains important information about the collection, storage and use of information provided by you in connection with the use of Wemap Services. Please read it carefully.

13. Duration - Termination

Unless otherwise stated in the applicable Special Conditions, the Wemap Services are subscribed for an indefinite period. In this case, you may terminate Your agreement with Wemap at any time by deactivating Your account and/or by terminating Your use of the Wemap Services. In any event, regardless of the duration, We may suspend or terminate Your account, or cease providing You with all or part of the Wemap Applications and Services at any time, in particular in the event of (i) breach of the terms of use, (ii) collective proceedings, (iii) termination of the Wemap Services for any reason whatsoever. We will implement reasonable means to notify You within a reasonable time (except in the event of an emergency or risk of harm to the integrity, confidentiality and security of the Wemap Applications, Services or data, in which case the suspension or termination may be immediate), at the email address associated with Your account or when You attempt to access Your account. Any suspension or termination will automatically result in the suspension or termination of the license to use the Wemap Applications and Services.

14. General provisions

14.1. Waiver. The failure of either party to exercise any right or provision of the General Terms of Use (and/or the Special Conditions, if applicable) shall not be deemed a waiver of such right or provision.

14.2. Severability. In the event that any provision of the Terms of Use (and/or the Special Conditions, if applicable) is found to be invalid or unenforceable, that provision will be limited or eliminated to the strictest extent necessary, and the remaining provisions of the Terms of Use (and/or the Special Conditions, if applicable) will remain in full force and effect.

14.3. Entirety. These General Terms of Use, supplemented where applicable by the Specific Terms, and Our Privacy Policy constitute the entire agreement between Wemap and You regarding the use of the Wemap Applications and Services. These General Terms of Use (supplemented where applicable by the Specific Terms) and Our Privacy Policy replace all prior agreements between Wemap and You regarding the Wemap Applications and Services.

14.4. Language. In the event of a dispute over these General Conditions of Use and/or the Special Conditions and/or the Confidentiality Policy, the French version of the documents shall prevail for the interpretation of said clauses.

15. Applicable law and jurisdiction

15.1. Applicable law. These General Conditions of Use, as well as any Special Conditions, and the Confidentiality Policy are subject to French law.

15.2. Jurisdiction. Any claim, legal action or dispute relating to the Wemap Applications and/or Services will be brought exclusively before the French courts.

If you have any questions regarding these Terms, please contact Support.