Customer portal general terms and conditions of use
1. Definitions
BE:MO Solution: the platform connecting the new mobility ecosystem to services from energy providers (fueling, charging, etc.) including proprietary application programming interfaces (“APIs”).
Authorized Users: any Customer’s end users benefiting from an access to the Customer Portal.
Company: Be:Mo SASU, 110 Esplanade du Général de Gaulle – 92400 – COURBEVOIE – France.
Developper Portal: Be:Mo website dedicated to developers that allows to test the BE:MO Solution.
Customer: any entity signatory of the Be:Mo General Terms and Conditions of Services or any agreement with Be:Mo and benefiting from the service of access to the Customer Portal.
Main Contact: an employee of the Client that has been identified as main contact for the Company.
Customer Account: a dedicated online account activated by the Customer’s Main Contact after receipt of an invitation by Company to create an account.
Customer’s Data: any data, documents and other content, generally all elements of any kind which the Customer and Authorized Users transmits to the Customer Portal for the purposes of and within the context of the use of the Services.
Customer Portal: Customer dedicated website providing the functionalities described in article 2 “Functionalities provided through the Customer Portal” (the “Functionalities”).
Party or Parties: means the Customer and the Company designated either individually or collectively.
2. Functionalities provided through the Customer Portal
Connection to the Customer Portal provides access to the following Functionalities:
– Analytics:
o Transactions: a dashboard that provides the Authorized User with a rolling 30 days report and monthly reports of its account activity: vehicles information, transactions information and consumption information.
o Fueling Map &Charging Map: interactive maps displaying respectively the fuel stations and charging points of Be:Mo’s network and their current status that can be either “connected” meaning operating normally or “disconnected” meaning inaccessible for an indefinite time.
– Billing:
o Invoices: provides the Authorized User an access to their invoices
o Transactions: provides the Authorized User a view of completed transactions for the selected period. The Authorized User can see the transactions information and export the transactions list to a CSV file.
– Management of the Customer Account: by visiting the “Manage your account” section of the Customer Portal, any Authorized User may modify its identification information (name, surname, and password). The connections ID cannot be changed.
– Team: by visiting the “Team” section of the Customer Portal, any Authorized User with an admin role may create access for Authorized Users to access to the Customer Portal and define their roles : admin or viewer (with no modification right).
– Customer Support: through the “Customer Support” form, the Customer shall submit requests to resolve general issues relating to its Customer Account and the use of the Be:Mo Solution. This support includes, answering to Authorized User’s requests for information, request for specific developments and reporting an incident.
3. Access to the Customer Portal
The Customer Portal is only accessible to Authorized Users.
The Customer account administrator is responsible for:
– adding or deleting new Authorized Users,
– attributing authorization level,
for each Authorized User profile though the “Team” tab of its account.
The Authorized User must ensure to have all the technical elements, hardware or software required for accessing it in accordance with the Be:Mo Website General Terms and Conditions of Use.
3.1 Creation of a personal account to the Customer Portal
The Customer Main Contact receives an e-mail from the Company in order to create an account on the Customer Portal. The Customer Main Contact will have access to the Customer Portal as an administrator. The Customer Main Contact may invite other members of its organization to access to the Customer Portal via the “Team” page.
The Authorized User receives an e-mail with a link to the registration form for the creation of a personal account on the Customer Portal.
If an Authorized User has an account on the Developer Portal, the same email address and password will be used for accessing the Customer Portal.
If not, the Authorized User shall create an account on the Customer Portal using the Sign-up form. By creating an account, the Authorized User provides identification data (the “Identifiers”) such as email address, password, first and last name. Before submitting the Sign-up form, the Authorized User shall agree to provide only accurate information.
To finalize the creation of the personal account, the Auhtorized User is invited to declare having take into consideration and accepted the Be:Mo Customer Portal General Terms and Conditions by checking the box on the registration form.
3.2 Access code and password
In order to benefit from services provided through the Customer Portal, the Authorized User must log-in and insert the email address and password used to create their Customer Portal Account (or Developer Portal Account when applicable). Identifiers are personal and confidential. The Authorized User is responsible for keeping it secret and not disclose it to any third party in any form and for any reason whatsoever.
The Authorized User will be responsible for the use of his identifiers by third parties or for any actions or declarations made through his Customer Portal, whether fraudulent or not, and guarantees the Company against any request in this respect. Authorized User is solely responsible for the improper access, damage, disruption, loss or theft and adverse consequences caused by its breach of the confidentiality of the Identifiers.
Furthermore, as the Company is not obliged and does not have the technical means to ensure the identity of the Authorized Users registering on the Customer Portal, it shall not be liable in the event of usurpation of the identity of any Authorized User of the Customer Portal. In case of loss, misappropriation or unauthorized use of its access code and/or password, the Authorized User shall immediately notify the Company using the contact form available on line.
4. Intellectual Property
All Intellectual Property Rights in the Customer Portal, understood as all information or documents (text, animated or static images, databases, sounds, photographs, know-how or cited products) stored as well as all elements created for the Customer Portal and its general structure (the “Elements”) belong and shall remain the property of the Company or its licensors as appropriate.
The Customer and its Authorized Users shall not acquire any of such rights save as otherwise expressly set out in clause 5. “Conditions of use” and the Authorized User shall take all necessary measures to this effect. All rights not expressly granted to User are reserved and retained.
5. Conditions of use
Customer Portal
The Company grants the Customer and its Authorized Users a, non-exclusive, non-transferable, non-assignable, worldwide, temporary for the duration of the Be:Mo Customer Portal General Terms and Conditions, limited and revocable at all times, right to access and use the Customer Portal, only for the purpose of accessing the Services described in article 2.
The Authorized User may only access and use the Customer Portal to use the service provided by BE:MO in the conditions of these Be:Mo Customer Portal General Terms and Conditions.
The Authorized User shall not allow or otherwise permit, directly or indirectly, any use of the Customer Portal in contradiction with these Be:Mo Customer Portal General Terms and Conditions and the Authorized User shall not or permit anything to be done that may infringe any of the Intellectual Property Rights of the Company or its licensors.
The Customer Portal gives access to the Services in the following conditions:
The Authorized User undertakes not to hinder, in any way whatsoever, the proper functioning of the Customer Portal, in particular, not to block or alter the normal flow of data, not to fraudulently access, disrupt or modify the information system of the Customer Portal or all of its data.
In particular, the Authorized User notably agrees not to:
– disturb or interrupt the access to an operation of the Customer Portal or the servers or networks connected to the Customer Portal, or infringe the requirements, procedures, rules or regulations of the networks connected to the Customer Portal;
– attempt to damage any user, host or network, this being deemed to include – without being restricted to voluntarily or by negligence exposing the Customer Portal to a virus, creating congestion or flooding the server;
– attempt to access data not intended for the Authorized User or to enter a server or account to which the Authorized User is not authorized to have access to;
– steal the identity of another person;
– attempt to sound out, scrutinize or test the vulnerability of a system or a network, or to infringe the security or authentication measures without having been duly authorized to do so.
Customer’s Data
Data stored in the Customer Portal. The Customer and Authorized User grant the Company an irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable right to access, collect, store and use the Customer’s Data in whole or in part, solely for the purpose of the performance and the term of these Be:Mo Customer Portal General Terms and Conditions.
6. Evolution of the Customer Portal
The Customer Portal and Services and may evolve and be modified, completed or deleted at any time.
The Customer will be informed of major evolutions by email and must keep its contact details up to date.
7. Warranty and liability
The User acknowledges that to the extent permitted by law, no warranty and representation of any kind, express or implied, is granted that the Customer Portal and the Services will be free from defects, errors and bugs or entirely secure, meet the Customer requirement, needs or expectations, be continuously available, be corrected from any bugs and defects, provides results from its use that are accurate or reliable.
The Company formally decline any liability in quality, legality, relevance and updating of the Customer’s Data, the use made by the Authorized User of such Customer’s Data and more generally of the Customer Portal.
The Customer is solely responsible for the quality, legality, relevance and updating of the Customer’s Data and for ensuring the availability, confidentiality, integrity of all the data stored in the Customer Portal and beyond its control and the control of the Authorized Users.
The Customer is responsible for keeping information of the Customer Account accurate and up to date.
The Company may under no circumstances be held liable for the reliability of data transmission, access times or any restrictions on access to the Internet network or the networks connected to it. The Authorized User declares that he accepts such risks and limits of the Internet.
8. Updates of the Be:Mo Customer Portal General Terms and Conditions
The Company may update the Be:Mo Customer Portal General Terms and Conditions at any time. Consequently, the Customer is invited to regularly refer to the latest version in effect.
9. Contact Details
You may direct all questions concerning the Be:Mo Customer Portal General Terms and Conditions by using our contact form in section “Contact us” or by post to the following address:
Be:Mo SAS
110 Esplanade du Général de Gaulle , 92400 Courbevoie – France
Attention: Company Secretary.
10. Security
Confidentiality, security or reliability of any communication made by you through the Customer Portal and services is limited to the application of standard security protocols of the markets.
11. Monitoring usage of the Customer Portal
The Customer and the Authorized User acknowledge and agree that the Company may monitor the use of the Customer Portal and undertake not to block or otherwise interfere with the monitoring.
12. Term
The Be:Mo Customer Portal General Terms and Conditions will come into effect on the creation of a personal account on the Customer Portal, for the entire duration of use.
13. Availability
The Customer is informed that the Company may suspend access to the Customer Portal for scheduled maintenance or if the Company believes that:
– there is a significant threat to the functionality, security, integrity or availability of Customer Portal or the content, data or applications within the Customer Portal;
– the Customer or Authorized User are accessing or using the Services to commit illegal acts;
– there is a violation of the BE:MO Customer Portal General Terms and Conditions;
When possible, the Company will send a notification prior to such suspension and will use reasonable efforts to promptly restore the Services after determining that the situation giving rise to the suspension has been rectified. Any suspension under this section does not release the Customer from his payment obligation under the BE:MO General Conditions of Service.
14. Termination
Any material breach of this Be:Mo Customer Portal General Terms and Conditions by either Party will enable the non-breaching Party to terminate this Be:Mo Customer Portal General Terms and Conditions as of right and without any judicial formalities by giving notice in writing to the other Party and if such other Party fails to remedy such material breach within thirty (30) calendar days after receipt of such written notice.
In the event one of the Parties incurs in gross negligence, that is a negligence to essential obligation(s) of the Services, the Be:Mo Customer Portal General Terms and Conditions may be terminated by the other Party immediately without prior notice.
15. Disputes
By mutual agreement, the Parties shall seek to amicably resolve any dispute, controversy or claim arising in relation to the Terms and Conditions, including the validity, invalidity, breach or termination thereof.
If the Parties fail to reach an agreement, any dispute relating to the interpretation, the formation, the execution or the termination of the Be:Mo Customer Portal General Terms and Conditions shall be brought before the exclusive jurisdiction of the Commercial Court of Nanterre, even in the event of multiple defendants and warranty claims.
The Be:Mo Customer Portal General Terms and Conditions are subject exclusively to French law.
Version: July 2021