General Terms and Conditions of Use of the mobile application Roadys

 

In full effect as of 01/01/2023

Roadys, a simplified joint stock company (société par actions simplifiée) with a single shareholder and a capital of 5,000 euros, registered in the Versailles Trade and Companies Register under number 912 933 793, and whose registered office is at 28 rue Georges Clémenceau, 78350 Jouy-en-Josas (“Roadys”) has developed and published the Roadys application (“the Application”).

 

The purpose of these general terms and conditions of use (“GTC”) is to determine the rules for using the Application.

 

Article 1. Definitions

Terms beginning with a capital letter in these GTC, whether used in the singular or plural, shall have the meaning given to them below :

 

“Application” means the Roadys software application developed and published by Roadys. This Application is freely accessible :

  • In Apple’s “Apple Store” to be downloaded by the User on his/her Apple iOS terminal.
  • In the Google “Play Store” to be downloaded by the User on his/her Android terminal.

The Application also includes the Content, the Services, the documentation and any other element of which it is composed, updates and new versions that may be made to the Application by Roadys.

 

“Content” means, but is not limited to, illustrations, photographs, graphic charts, trademarks, logos, acronyms and company names, audiovisual or multimedia works, visual content, audio and sound content, as well as any other content present within the Application and/or any other element making up the Application.

 

“Services” refers to all the functionalities offered by the Application to the User. The list of Contents is likely to evolve in the context of updates and the deployment of new versions. The Contents will only be accessible in the Territory.

 

“Territory” means the territory in which the Application may be used. The Territory is limited to France, including the DROM COM.

 

“User” refers to physical persons who are of age or underage but who have obtained prior authorisation from their parents or the person with parental authority. Use of the Application is limited to personal, non-commercial use and without direct or indirect profit-making purposes.

 

Article 2. GTC

2.1. Application of the GTC

 

The GTC are applicable to all Users of the Application.

 

The GTC govern the relationship between Roadys and the Users in the use of the Application and apply without restriction or limitation to any use or download of the Application.

 

The User is required to fully accept these GTC for any download and for any use of the Application by ticking the box « Je reconnais avoir lu et accepté les Conditions Générales d’Utilisation ».

 

The User is invited to read carefully and at each visit the GTC which are accessible in the “Terms and Conditions” section accessible from the drop-down menu of the Application.

 

These GTC may be modified at any time and without notice by Roadys in accordance with article 2.2.

 

The Application will be subject to more or less regular technical and application updates. As a result, these updates must be downloaded, and may erase all or part of the customisations of the Application made by the Users (such as a possible deletion of the history of messages exchanged).

 

In the event that a User does not accept or refuses to abide by these GTC, he/she should not use the Application. In this case, it is recommended to uninstall the Application. By registering, the User confirms that he/she has read these GTC and agrees to fully abide by them.

 

2.2 Evolution of the GTC

 

The applicable GTC are those in force at the date of connection and use of the Application by the User.

 

Roadys has the right to modify, at any time, all or part of the provisions of the GTC without prior notice or information to the Users in order to adapt them to changes in the Services or Content, to technical, legal or jurisprudential changes.

 

Any change made by Roadys to the GTC will be brought to the attention of Users as follows: at the time of the first connection once the new GTC are in force, a message will be sent to Users informing them of an update to the GTC. The User undertakes to go to the “Terms and Conditions” section accessible from the drop-down menu of the Application and to read these new GTC. Any use of the Application by the User after this message will mean that the GTC are deemed to be  fully accepted, whether or not the User has consulted them. Roadys invites all Users to consult the GTC regularly.

 

Any new Service incorporating new techniques or new features improving the quality of existing Services will also be subject to these GTC, unless expressly stated otherwise.

 

Article 3. Purpose of the Application

3.1. Presentation of the purpose of the Application

 

The purpose of the Application is to facilitate meetings between travellers or future travellers, regardless of their nationality (including expatriates or local tourists or not), adopting or wishing to adopt sustainable and responsible modes of transport and travel. This includes, but is not limited to, cycling and backpacking.

 

3.2. Presentation of the Services offered

 

By using the Application in version 1.0.0, each User will be able, in the Territory covered by the Application, to use the following Services :

  • Create a profile. The profile will include personal information (age, nationality, gender, first name, last name, profile picture, mode of transport, description of trip). All this information must be filled in. The User undertakes to provide accurate information and to keep it up to date. When creating a profile, the User must also enter an email address, but this will not be visible to other Users.
  • Exchanging by private messages using his instant messaging. The User may exchange private messages with other Users. The User may report any User who adopts an inappropriate attitude (offensive and/or racist and/or sexist comments) or, more generally, contrary to the User’s obligations under Article 9 and in the manner provided for in Article 9.
  • View the map and appear on it. Each User will be able to consult the map and see his or her profile and the profiles of other Users on it. The User will be able to hide his presence on the map.

 

Roadys has the right to change the list of these Services at any time, without any civil or criminal liability on its part.

 

Article 4. Access to the application

To download and use the Application, You must have a compatible phone and secure access to the Internet.

 

The Application can be downloaded free of charge from the following platforms

  • „Apple Store“ for Apple iPhone mobile phones with the iOS operating system, for versions iOS 10 and later;
  • „Play Store“ for mobile phones with the Android operating system, for versions Android 13 and later.

 

The Application cannot be downloaded from any other download area.

 

The software version of the Application may be updated regularly to add new features and services.

 

Article 5. Geolocation

The proper functioning of the Application includes the use of the geolocation service of your mobile terminal.

 

The User acknowledges and accepts that his/her location is visible to other Users and that this is necessary for the functioning of the Application. Roadys shall not be held liable in any way for this.

 

The Application includes two security tools intended to protect Users. On the one hand, the User can hide his presence on the map and therefore not be visible to other Users. On the other hand, the precise location of the User will not be disclosed. The User’s position will be accurate to within +/- 500 metres. The User acknowledges that these measures are sufficient to ensure his/her safety.

 

Roadys draws the attention of Users to the fact that they act according to their own decision and that a minor User remains under the responsibility of his/her parents and/or holders of parental authority.

 

Roadys cannot be held responsible for any inconvenience encountered by a User due to the fact that his/her geographical position is shown on the map. 

 

The fact that the User chooses to hide his/her position on the map does not affect his/her visibility to Roadys.

 

The User acknowledges and accepts that Roadys has access to geolocation data.

 

Article 6. Financial conditions

The Application is offered free of charge to Users, excluding the cost of subscription to the mobile telephone operator, excluding the cost of connection and access to the secure Internet network and excluding any additional costs charged for loading data.

 

Article 7. Intellectual property

The brands, logos, signs and all the content of the site (text, images, sound, etc.) are protected by the Intellectual Property Code.

 

The Roadys brand is a registered trademark of Roadys. Any representation and/or reproduction and/or exploitation of this trademark, in whole or in part, of any kind whatsoever, is totally prohibited.

 

The User must request prior authorisation from Roadys for any reproduction, publication or copy of the various contents. The User undertakes to use the contents of the Application in a strictly private context; any use for commercial or advertising purposes is strictly prohibited.

 

Any total or partial representation of the Application by any means whatsoever without the express authorisation of the website operator shall constitute an infringement punishable under article L 335-2 et seq. of the French Intellectual Property Code.

 

In accordance with article L122-5 of the Intellectual Property Code, it is recalled that the User who reproduces, copies or publishes protected content must cite the author and his source.

 

This being stated, the Application has been developed and edited specifically by Roadys, holder of all intellectual property rights on the Application.

 

The Content and all its elements are deemed to be the property of Roadys.

 

Without prejudice to the provisions of article 8, none of the provisions of the GTC may be interpreted as an assignment, transfer, sale, concession, licence, loan, lease or authorisation to exploit, granted directly or indirectly by Roadys to the User on the Application, its Content and/or the Services.

 

Article 8. Use licence

Roadys grants the User a personal right to use the Application, the Content and the Services, free of charge, non-exclusive, non-assignable, non-transferable to a third party, revocable in case of inappropriate use.

 

The User does not acquire any intellectual property rights over the Application, the Content and/or the Services, nor any other rights other than those conferred herein.

 

In this respect, the User is strictly forbidden to:

  • Access and/or use the source codes of the Application and/or the software components of the Application ;
  • Reproduce, represent, adapt and/or exploit the Application and/or its software components, as well as all or part of the Content.

 

The User expressly undertakes to ensure that his/her use of the Application does not under any circumstances infringe the rights of Roadys.

 

Article 9. The Users’ Duties and Obligations

 

Roadys is a simple intermediary putting Users in touch with each other.

 

The User is therefore entirely responsible for the use made of the Application, as well as for the decisions he/she might make after consultinǵ the information contained in the Application. Roadys cannot be held responsible for any direct or indirect damage of any kind caused by misuse or illegal or illicit use of the Services by a User, by any information or other content communicated, transmitted or disseminated by a User in the course of using the Services, or by any violation of these GTC on his/her part.

 

In particular, and without this list being limitative, the User is informed that it is formally forbidden to :

  • Download the Application onto his/her equipment for non-personal/professional use ;
  • Use the Application for profit-making activities – including the promotion of a product ;
  • Introduce or disseminate on the network computer viruses or any other physical or logical system that may cause damage to the physical or logical systems of the owner of the Application, its suppliers, other Users or any third party or hack the Application and/or its Content and/or the Services, in whole or in part ;
  • Submit content that may constitute a so-called “press” offence, falling under the law of 29 July 1881 on the freedoḿ of the press ;
  • Disseminate any data, information or content that is defamatory, insulting, obscene, racist or xenophobic, offensive, inciting to hate or violence, threatening, constituting harassment, and in general any content that is contrary to the laws and regulations in force, good morals, or public order ;
  • Infringe in any way whatsoever on the rights, privacy and image rights of other Users or any third party. In particular, it is formally forbidden to disseminate photos or images showing recognisable third parties without their authorisation or the authorisation of their legal representative, at the risk of infringing their image rights ;
  • Upload, send, disseminate, transmit any Content that could constitute a false statement, an infringement of the authoritý of Justice or that would contain confidential information ;
  • Upload, send, disseminate, transmit any Content intended to display or sell prohibited objects and/or works ;
  • Borrow a false identitý. The User must not impersonate another User, or any other person that he or she is not, or communicate under a false name, false capacitý or pseudonym that he or she is not authorized or entitled to use, or lie about being an adult or a minor ;
  • Upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, intellectual property right or other proprietary right of any party ;
  • Harass, persecute or otherwise embarrass another User or Users or any other person;
  • Solicit the exchange, sale or purchase of pornographic and/or illegal material, including, but not limited to, photographs, films, videos, recordings and images, whether realistic or not ;
  • Reproduce permanently or temporarily the Application, the Content and/or the Services, in whole or in part, by any means and in any form whatsoever ;
  • Adapt, modify, translate, transcribe or otherwise “reverse engineer” all or part of the Application, the Content and/or the Services ;
  • Export the Application ;
  • Merge all or part of the Application with other computer programs ;
  • Disregard Roadys’ intellectual property rights in the Application, Content and Services ;
  • Disturb the proper functioning of the Application by any means ;
  • Not immediately inform Roadys of an act of piracy or of any illicit or non-contractual use of the Application and/or the Content and/or the Services ;
  • Use the Application, the Content and/or the Services for purposes other than those provided for in these GTC, such as, in particular, selling or renting ;
  • Adopt an inappropriate attitude towards other Users. Inappropriate behaviour includes, but is not limited to, abusive, racist, sexist or homophobic comments or harassment of a User.

 

Any user who violates these obligations will be subject to sanctions. Sanctions will be decided by Roadys and will not be subject to appeal. Sanctions will be either the blocking of the account, for a period defined by Roadys, or the deletion of the account.

 

Roadys will inform the User using the email address provided by the User when creating his profile. Roadys cannot be held responsible if this address does not allow the User to be informed for any reason whatsoever.

 

Users who use the Service for purposes prohibited by the Law and/or contrary to these Terms and Conditions will be liable to legal action and their identifying data may be provided to the competent authorities in the event of legal proceedings against them.

 

In accordance with legal obligations, the Application allows Users of the Services, via the “signal user” button available on the profile of any other user of the Application, or directly via email to the address contact@roadys.fr, to bring to the attention of Roadys any behaviour or content which they consider to be illicit and/or contrary to these GTCs, in particular any data which glorifies crimes against humanitý, inciting racial hate or child pornography, inciting violence or infringing on human dignitý, as well as against the offences referred to in the fifth and eighth paragraphs of article 24 of the law of 29 July 1881 on the freedoḿ of the press, and in articles 227-23 and 227-24 of the Penal Code.

 

Thus, it is strongly recommended that Users follow simple rules of good conduct in their exchanges and possible meetings with other Users:

  • Be respectful, honest and considerate ;
  • To follow the elementary rules of safety, hygiene, and warning about food allergies or others, as well as politeness and friendliness;
  • In the case of co-transport, if the accompanying journey is made using a vehicle: to be the holder of an appropriate and valid driving licence, to have a vehicle in good or perfect working order, to drive carefully, in compliance with the Highway Code, safety rules and laws in force, to be punctual ;
  • In the case of car-sharing, or any interaction involving children, it is strongly recommended that Users meet beforehand in order to get to know each other, check their respective identities and exchange personal details (surname, address, telephone number, etc.).

 

Article 10. Protection of personal data

10.1. General

 

In the context of the performance of its services, Roadys is likely to collect personal data (“Personal Data“) on the Users of the Application.

 

In application of law n° 78-17 of 6 January 1978, modified by law n° 2004-801 of 6 August 2004, relating to information technology, files and freedom of information of 6 January 1978 (the “Information Technology and Freedom of Information Law“), the European Regulation 20116/679 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 (“GDPR“), the Personal Data that will be kept in this automated file, which is under the responsibility of Roadys, will be used for the sole purpose of enabling the provision and proper execution of the Services.

 

The collection of Personal Data gathered by Roadys is compulsory to access the Services offered via the Application and is necessary to enable its proper functioning.

 

Roadys stores the Personal Data in such a way as to ensure its integrity for the time necessary to carry out and provide the Service offered and in accordance with the retention periods imposed by the legislation in force.

 

10.2. Nature of information collected and conservation period

 

The User acknowledges and gives express, informed and specific consent for Roayds to collect the following Personal Data, which may be processed by Roadys :

  • Personal Data entered in the creation of the profile;
  • Contact details;
  • Data relating to published content;
  • Usage data, including the brand and model of the device used, the date and exact time of the creation of the account, of the connection and of the publications, as well as the geolocation data;
  • Data relating to messages exchanged with other Users.

 

Data is collected and kept for the following periods :

  • Statistical analysis: one year from the closing of the account ;
  • Use of the Application : one year from the date of collection ;
  • Targeted advertisements: one year from the closing of the account.

 

At the end of the conservation periods, the data will be deleted from the systems by Roadys.

 

10.3. Use of cookies, identifiers and the activity file

 

In order to improve the Application Services, in terms of system performance and ease of use, as well as to provide useful information about products and services, information may be automatically collected and stored in log files from the computers or terminals used.

 

This includes non-personal data such as IP address, language of the terminal, operating system, Internet service provider and date and time. This information is used globally to improve the management of the Application, to analyse trends and to gather demographic information about Users.

 

If non-personal information is used in combination with Personal Data, all of it will be treated as Personal Data and will therefore be treated in accordance with this section. 

 

Also, in order to optimize Roadys services, e-mail messages, online services, advertisements and interactive applications may use “cookies” or “anonymous identifiers” of Users.

 

What are cookies?

A cookie is a small file, usually consisting of letters and numbers, sent by the Application to a User’s cookie file. This allows Roadys to remember the presence of a User when establishing a new connection between Roadys’ server and the User. The main purpose of a cookie is to enable Roadys to present personalised pages and to make the Service an individual experience tailored to personal preferences.

 

What are identifiers or probes?

An anonymous identifier is a random string of characters that is used with the same purpose as cookies on platforms where cookie technology is unavailable, this includes certain types of mobile devices as well as installed applications.

 

10.4. Purposes of processing Personal Data

 

The Personal Data collected on the Application by Roadys with your express, informed and specific consent is processed for the following purposes

  • Provision of the Application, its Services and its Content ;
  • Responding to Users’ requests ;
  • Management of the Users and the functioning of the Application ;
  • Security measures.

 

This processing is based on your express, informed and specific consent and/or resulting from the Use of the Application.

 

The data controller of the Application is the legal representative of Roadys.

 

10.5. Roadys’ obligations under the GDPR

 

Roadys undertakes to process the mentioned Personal Data in compliance with this regulation, and in this respect, undertakes to :

  • Collect and process Personal Data only in accordance with the User’s express instructions and for the purposes related to the object of the Services offered via the Application ;
  • Preserve the security, integrity and confidentiality of the Personal Data as soon as it is collected or recorded in the context of the execution of the Services ;
  • Not communicate the Personal Data to any third party whatsoever, except to third parties to whom it is strictly necessary to transmit the Personal Data in order to carry out the services offered. The Personal Data collected in this way may be transmitted to Roadys’ Staff as well as to any third party responsible for participating in the implementation, execution or monitoring of the Service (staff, partners and/or subcontractors). The Roadys Staff members as well as the third parties appointed by the latter will have access to and may use the Personal Data collected for the sole purpose of providing the proposed Service. Under no circumstances will Personal Data be transferred to other third parties, whether free of charge or for a fee, without the User’s autorisation ;
  • Not transfer any Personal Data outside the territory of the European Union, except to third countries presenting an adequate level of protection as defined by the supervisory authorities or to a subcontractor authorised by the User and signatory to the standard contractual clauses laid down by the European authorities ;
  • Implement any security system for Personal Data that may be required either because of an impact analysis carried out by the User as data controller or because of specific legislation requiring the use of certain data storage methods ;
  • To alert the User without delay in case of violation, loss or unauthorized disclosure of Personal Data collected in the context of the use of the Services, in order to enable the User to alert the persons concerned and to comply with its obligations under the mentioned regulation.

 

Roadys refrains in any case from reproducing, exploiting or using the Personal Data collected in the course of its services, for its own purposes or on behalf of third parties, and undertakes to modify or delete, either at the request of the User or at the request of a person concerned, and in any case on completion of the purpose pursued and at the end of the performance of its services, any personal data collected in the course of or for the purposes of the performance of such services.

 

10.6. Users’ rights

 

In accordance with the French Data Protection Act and the GDPR, you have the following rights as a user of the Application:

  • Access to your personal data ;
  • Right of legitimate opposition ;
  • Right of rectification ;
  • Right to deletion ;
  • Right to obtain the limitation of the processing ;
  • Right to object to the processing if it is illegal.

 

You have the right to withdraw your consent to the processing of your data at any time. Withdrawal of your consent does not affect the lawfulness of the processing carried out prior to such withdrawal.

 

You can exercise these rights by contacting Roadys at contact@roadys.fr.

 

In application of the French Data Protection Act and the GDPR, and in order to protect your personal data, we must be able to verify your identity in order to respond to your requests. To do this, you must attach, in support of any request to exercise the rights mentioned above, a photocopy of an identity document issued by the police headquarters of your place of residence.

 

Finally, you may submit a complaint to the CNIL (French supervisory authority) if you feel that your rights have not been respected. The contact details of the CNIL are as follows

Commission Nationale de l’Informatique et des Libertés

3 Place de Fontenoy

TSA 80715

75334 Paris Cedex 07

France

Tel: +33 1 53 73 22 22

 

Article 11. Availability of the Application

Roadys undertakes to use its best efforts to secure access, consultation and use of the Application Services. The Application is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of Roadys and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Application.

 

Maintenance work may be carried out without prior notice to Users.

 

Article 12. Limitation of warranty and liability

Access to and use of the Application is at the User’s own risk.

 

The Application is provided “as it is” and “as available” without warranty of any kind.

 

It is the responsibility of each User to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any attack.

 

The User declares that he/she is aware of and accepts the characteristics and limits of the Internet network and, in particular, the functional characteristics and technical performance of the Internet network; problems linked to connection and/or access to the Internet network and/or websites; problems linked to the availability and congestion of the networks; problems linked to the failure or saturation of the networks; problems linked to transit time, access to information put online, response times for displaying, consulting, querying or otherwise transferring data; risks of interruption; risks of contamination by any viruses circulating on the said networks, etc. for which Roadys cannot be held responsible.

 

Roadys cannot be held responsible for:

  • In the event of failure, loss, delay or error in the transmission of data which is beyond its control ;
  • For sending messages and/or data to a false, erroneous or incomplete address ;
  • If data is not received for any reason, or if the data received is unreadable or impossible to process ;
  • If the User is unable to access or to use the Application and/or the Services for any reason whatsoever ;
  • If, for any reason, the connection should be interrupted ;
  • If a User breaches the obligations described in Article 9.

 

In accordance with article 9, the User acknowledges and accepts that the purpose of the Application is above all to facilitate contact between Users. Under no circumstances shall Roadys be held responsible for decisions taken by a User for one of his trips, both in terms of the mode of transport chosen and the reservations made for the subject (hotels, restaurants, without these examples being limiting). Roadys only acts as a facilitator and therefore cannot be held responsible for the contracts concluded by the User.

 

Furthermore, Roadys declines all responsibility in the event of misuse of the terminal and/or any incident linked to the use of the terminal when using the Application. Roadys may not be held liable for any damage of any kind whatsoever caused to Users, their terminals, their computer and telephone equipment and the data stored therein, nor for the consequences that may arise from this on their personal, professional or commercial activity.

 

Article 13. Termination of the contract

In accordance with article 9 of the GTC and without prejudice to the powers granted to Roadys under the aforementioned article 9, any illicit use of the Application will authorise Roadys to terminate the contract concluded under these GTC.

 

The deletion of the account at the initiative of the User shall automatically terminate the contract concluded under these GTC.

 

Any User may unsubscribe from the Application at any time by following the procedure below :

  1. Log in to the Application ;
  2. Access the “Settings” screen by clicking on the settings button (three vertical dots) at the top right ;
  3. Click on the “Delete this account” button and validate by clicking successively on “Yes, Delete” and “Yes, I am”.

 

The unsubscription is effective immediately and confirmed by the message “Account deleted successfully”. Note that it is possible to reactivate this account within one year from the login screen by using the same username, the same email address and changing the password, then clicking on the “Reactivate your account” button.

 

Article 14. Contact

Any questions regarding the Application and/or Services and any bugs should be addressed to the following address: contact@roadys.fr

 

Article 15. Entirety – renunciation

The nullity or the impossibility of implementing any of the clauses of the present GTC, if it does not significantly affect the contractual balance, will only affect the clause concerned and will not lead to the cancellation of the present GTC.

 

Article 16. Applicable law

The present GTC are subject to French law.

 

Any dispute or disagreement relating to the execution or interpretation of these rules which cannot be settled amicably between the parties will be submitted to the competent court of the Court of Appeal of the domicile of the Roadys head office.