Developer portal general terms and conditions of use
By accessing to Be:Mo’s Developer Portal, the User understands and acknowledges that the Developer Portal Terms and Conditions applies to the User.These Developer Portal Terms and Conditions define the conditions under which the User can access and use the Developer Portal in restricted access for free testing.
By connecting to the Developer Portal, the User undertakes to have legal ability and means required to access and use the Developer Portal and acknowledges to have read, understood and accepted, without limitation or reservation, the Developer Portal Terms and Conditions, which apply in addition to the Personal Data and Cookies Charter.
1. Definitions
Applications: the User’s applications that interface with Be:Mo Solution in accordance with the Developer Portal Terms and Conditions and the Documentation.
Be:Mo Solution: the platform which connects the new mobility ecosystem to services from energy providers (fueling, charging, carwash….) including proprietary application programming interfaces (“APIs”).
Company: means Be:Mo SASU, 110 Esplanade du Général de Gaulle – 92400 – COURBEVOIE – France.
Developer Account: a dedicated online account opened by any User with Be:Mo for accessing to the Developer Portal and functionalities.
Developer Portal: a dedicated online space, accessible on the website through the Developer Account and through the following link https://developer.be-mo.io/, in restricted access for any User in accordance with article “Description of the services provided” (the “Services”).
Documentation: the documentation containing the recommendations of use and the specifications for Be:Mo Solution.
Identifiers: access code and password chosen by the User to create the Developer Account.
Party or Parties: the User and the Company designated either individually or collectively.
Test Data: mock data provided by the Company to simulate the use of Be:Mo Solution close to reality.
Users: any person benefiting from the access and use of the Developer Portal, after creation of a Developer Account.
User’s Data: any data, information, records and files that the User load, transmit to or enter into Developer Portal in order to test Be:Mo Solution.
2. Conditions of access to the Developer Portal
2.1. Creation of a Developer Account
Access to the Developer Portal shall be subject to the creation of a Developer Account.The Developer Portal is accessible on the website https://be-mo.io/ in section “Portal” or directly through the following link https://developer.be-mo.io. The User shall ensure to have all the technical elements, hardware or software required to access the Developer Portal in accordance with the General Terms and Conditions of Use.Access shall require the entering of personal identification data through the online registration form. The User is invited to choose its Identifiers and read and accept the Personal Data Protection and Cookies Policy. During the creation of an account, the User shall agree to provide only accurate information.
2.2. Access code and password
In order to benefit from services provided through the Developer Portal, the User shall log-in and insert the Identifiers the User has chosen to create the Developer Account. Identifiers are personnal and confidentials. The User is solely and entirely responsible for the use of the User’s identifiers, shall keep them secret and not disclose them to any third-party in any form and for any reason whatsoever.Identifiers can only be changed at the request of the User. The User will be responsible for the use of his Identifiers by third-parties or for any actions or declarations made through his Developer Account, whether fraudulent or not, and guarantees the Company against any request in this respect.
Furthermore, the Company shall not be liable in the event of usurpation of the identity of the User. If the User has any reasons to believe that a person is fraudulently using identification elements or his account, the User shall immediately inform the Company by e-mail using the online contact form.
The 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. In case of loss, misappropriation or unauthorized use of its access code and/or password, the User shall immediately notify the Company.
3. Description of the services provided through the Developer Portal
After creating a Developer Account, the User will be able to test Be:Mo Solution functionalities in a testing mode and will be able to make a limited number of API calls and access to the related Documentation. The Developer Portal is only provided to help the User determine the adequacy of Be:Mo Solution to its internal business needs.
Therefore, the User is informed, and thus acknowledges the following:
– Any elements of any kind and in any form whatsoever resulting from the use of Developer Portal such as data, information, documents (the “Results”) are based on Test Data. Consequently, such Results are provided by Be:Mo only for the purpose of the Test and shall not be constructed as real-use data.
– From time to time, the Company makes available to the User its open source libraries that assist the User with the development of Applications such libraries, (the “Open Source Libraries”). The Open Source Libraries are governed by open source licenses selected by the Company that accompany the source code. For this purpose, the User acknowledges and understands that it is the User’s responsibility to review such licenses carefully and to comply with the terms and conditions contained therein.
– From time to time, the Company makes available to the User third party libraries to assist the User with the development of its solution (such libraries, the “Third Parties Proprietary Libraries”). The Third Parties Proprietary Libraries are governed by specific terms and conditions, and it is the User’s responsibility to review such terms and conditions carefully and to comply therewith.
– The Developer Portal is provided as is.
If the User wishes to have a higher number of APIs calls and business support or maintenance, the User can contact us here.
4. Intellectual Property
Each Party shall retain any intellectual and industrial property rights it owns, over elements contributed or developed internally by each Party before or independently of the use of the Developer Portal.
Company ownership
The Developer Portal, including any information, data, documents, know-how or its general structure as well as Be:Mo Solution and its Documentation (the “Company’s Elements”) belong and shall remain the property of the Company or its licensors as appropriate, and is protected by copyright, patent when applicable, trade secret and other intellectual property laws.
The User shall not acquire any of such rights title and interest (including, without limitation, all intellectual property rights such as copies, modifications, extensions and derivative works thereof) save as otherwise expressly set out in clause “Conditions of use of the Developer Portal” and the User shall take all necessary measures to this effect. All rights not expressly granted to the User are reserved and retained.
The User shall not, without the Company’s prior written consent, cause or permit the:
(a) use, copying, modification, rental, lease, sublease, sublicense, transfer or other commercial exploitation of, or other third-party access to, any element of Be:Mo Solution including the Developer Portal, except to the extent expressly permitted by clause “Conditions of use of the Developer Portal” (the User may allow its end users to access the functionality or output of Developer Portal, via interfaces, portal applications, solely for the User’s internal business purposes in accordance with the Terms and Conditions);
(b) creation of any modifications or derivative works of Developer Portal;
(c) reverse engineering of Developer Portal except to the extent permitted by the applicable law, which cannot be excluded by agreement of the Parties;
(d) gaining of unauthorized access to Developer Portal or its related systems or networks (for example, by impersonation of another User or provision of false identity information);
(e) interference with or disruption of the integrity or performance of Developer Portal or the data contained therein (for example, via unauthorized benchmark Testing or penetration Testing);
(f) sending, storing or use of any User’s data in connection with Developer Portal for which the User lacks sufficient ownership or other rights; or
(g) sending, storing or use of any infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material in connection with Developer Portal (including, without limitation, any illegal spam, or any material that is harmful to children or violates any third-party privacy rights).
The User also shall not send, store or use any material containing any viruses, worms, Trojan horses or other malicious or harmful computer code, files, scripts, agents or programs in connection with Be:Mo Solution including the Developer Portal. The Company also reserves the right to take all steps reasonably necessary to protect the security, integrity or availability of the Developer Portal (e.g., by temporarily suspending access by anyone who introduces malicious code or attempts to do so), notwithstanding anything to the contrary in the Developer Portal Terms and Conditions.
The User shall not relate to or use the corporate names, trademarks or logos of the Company without the Company’s prior, express and written authorization.
5. Conditions of use of the Developer Portal
The Company’s Elements
Subject to the full compliance of the User with the Developer Portal Terms and Conditions in particular with the API calls limitation set up in article Description of the service, the Company grants the User a royalty-free, non-exclusive, non-sublicensable, non-assignable, worldwide, limited and revocable at all times, right to access and use the Company’s Elements, only for the purpose of the Test and for the User’s internal business purposes.
The User shall not, and shall not allow or otherwise permit, directly or indirectly, any use of the Company’s Elements in contradiction with the Terms and Conditions of the Developer Portal, nor shall or permit anything to be done which may infringe any of the intellectual property rights of the Company or its licensors.
The User will not use or access Developer Portal in any way not expressly permitted under these Developer Portal Terms and Conditions or the Documentation. Without limiting the generality of the foregoing, the User will not:
– develop any Applications that: (i) are fraudulent or misleading; (ii) infringe on any third party’s intellectual property rights or rights of publicity or privacy; (iii) are defamatory, trade libelous, threatening, or harassing; (iv) contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data; (v) replicate or attempt to replace the essential User experience; (vi) facilitate or allow to use the services not according to the Terms and Conditions and any other binding agreement; or (vii) otherwise violate any applicable laws or regulations;
– modify, decompile, reverse engineer, or otherwise alter Developer Portal;
– use Be:Mo Solution in any manner that may threaten the security or functionality of Developer Portal;
– use Be:Mo Solution to circumvent the intended features, functionality or limitations of the services; and/or
– perform any vulnerability, penetration or similar Testing on Developer Portal.
User’s Data
The User grants the Company an irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable right to access, collect, store and use the User’s Data in whole or in part, solely for the purpose of the performance and the use of the Developer Portal in accordance with the Developer Portal Terms and Conditions. This right shall include a right to access, collect, store and use any data, information, records and files that the User loads, transmits to or enters into Developer Portal.
User’s Data will be deleted (i) when the User’s access to Developer Portal is terminated or revoked for any reason, (ii) when the User deactivates the User’s Application or otherwise removes its integration from Developer Portal; or (iii) when it is no longer reasonably required by the User or User’s Application. It is the User’s responsibility to make regular backups on its own servers.
The User is solely responsible and fully liable for the integrity, reliability, legality and quality of the User’s Data. Upon request, the User shall fully indemnify, keep indemnify and hold harmless the Company, its directors, employees, agents, affiliates and subsidiaries for all damages and all third-party claims which may arise out of such User’s Data. The User undertakes not to hinder, in any way whatsoever, the proper functioning of the Developer 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 Developer Portal or all of its data.
In particular, the User notably agrees not to:
– disturb or interrupt the access to or operation of the Developer Portal or the servers or networks connected to the Developer Portal, or infringe the requirements, procedures, rules or regulations of the networks connected to the Developer Portal;
– attempt to damage any user, host or network, this being deemed to include – without being restricted to voluntarily or by negligence exposing the Developer Portal to a virus, creating congestion or flooding the server;
– attempt to access data not intended for the User or to enter a server or account to which the User is not authorized to have access;
– 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.
6. Warranty and liability
The User acknowledges that the Developer Portal and the Services are provided “as is” only for free testing. To the extent permitted by law, no warranty and representation of any kind, express or implied, is granted that the Developer Portal and the Services will:- be free from defects, errors and bugs or entirely secure,
– meet the User requirement, needs or expectations,
– be continuously available,
– be corrected from any bugs and defects,
– provides Results from its use that are accurate or reliable.Considering the aforementioned, the User acknowledges that the Company shall not be liable, save as otherwise prohibited under applicable law, for any damages, direct or indirect, punitive or exemplary, caused for any reason whatsoever, suffered by User or a third party resulting from the use or the inability to use the Services, including the Results obtained by using Developer Portal or any unauthorized access to the Developer Portal.
This includes any loss of profits, loss of goodwill, loss of business, loss of turnover, loss of savings, loss of image, loss of data or any loss resulting from the non-performance or improper performance of the Developer Portal and the Services.
7. Updates of BE:MO Developer Portal Terms and Conditions
The Company may update Be:Mo Developer Portal Terms and Conditions at any time. Consequently, the User is invited to regularly refer to the latest version in effect.
8. Contact Details
The User may direct all questions concerning Be:Mo Developer Portal 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. 9. Security
Confidentiality, security or reliability of any communications made by the User through the Developer Portal and services is limited to the application of standard security protocols of the markets.
10. Monitoring usage of Developer Portal
The User acknowledges and agrees that the Company may monitor the User’s use of the Developer Portal and that the User will not block or otherwise interfere with our monitoring.
11. Term
The Developer Portal Terms and Conditions will come into effect on first access to the Developer Portal. Upon its expiration, the Developer Portal Terms and Conditions are not renewable tacitly. In the event of expiration or termination of the Developer Portal Terms and Conditions, all rights of use the Developer Portal and the Services will be terminated.
12. Availability
The User is informed that the Company may suspend access to the Developer Portal if the Company believes that:
– there is a significant threat to the functionality, security, integrity or availability of Developer Portal or the content, data or applications within the Developer Portal;
– the User is accessing or using the Services to commit illegal act;
– for violation of Be:Mo Developer Portal Terms and Conditions;
– for scheduled maintenance.
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.
13. Termination
Any material breach of Be:Mo Developer Portal Terms and Conditions by either Party will enable the non-breaching Party to terminate this Be:Mo Developer Portal 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, Be:Mo Developer Portal Terms and Conditions may be terminated by the other Party immediately without prior notice.
14. 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 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.
Be:Mo Developer Portal Terms and Conditions are subject exclusively to French law.
Version: October 2020