GENERAL TERMS OF USE AND END-USER LICENSE AGREEMENT

GENERAL TERMS OF USE AND END-USER LICENSE AGREEMENT (EULA) (Last updated: 06/2025)

GENERAL TERMS OF USE FOR THE TRUCKFLY WEBSITES AND/OR APPLICATION

Preamble

A wholly-owned subsidiary of the Michelin Group, Manufacture Française des Pneumatiques Michelin is a simplified joint-stock company with a capital of €504,000,004, whose registered office is located at 23 place des Carmes Déchaux 63000 Clermont-Ferrand, France (hereinafter "the Company"). These general terms of use and end-user license agreement (hereinafter "the GTU") apply to the Truckfly by Michelin websites, including www.truckfly.com, www.job.truckfly.com, www.lp.truckfly.com (hereinafter "the Sites"), and to the Truckfly by Michelin mobile and tablet application (hereinafter "the Application") and/or their localized versions, published by the Company. Users declare that they have obtained all necessary information from the Company before accessing and using the services offered by the Sites and/or the Application and unreservedly adhere to these GTU. Consequently, these GTU govern the relationship between the Company and any user (hereinafter "the User" or "the Users") of the Sites and/or the Application. These GTU apply from the first connection to the Sites and/or the Application by the User, who agrees to be subject to the rights and obligations herein without reservation. Failing agreement by the User to these GTU, the User is not authorized to use the Sites and/or the Application.

Purpose

The purpose of the GTU is to set out the conditions for accessing and using the Sites and/or the Application, as well as the resulting rights and obligations.

Contractual Documents

The contractual documents are, in decreasing order of priority:

the specific terms of use for certain services (including, but not limited to, the terms of use for the Personal Account, the terms of use for the Establishment Owner Account, the terms of use for the Guidance Service), whose terms of use appear after these GTU;
the usage licenses associated with certain content and/or services:

Google Maps (for mapping): https://www.google.com/help/terms_maps/
Here (for the guidance service): https://legal.here.com/fr-fr/terms/here-end-user-terms

these GTU.

In the event of a contradiction between documents of a different nature, it is expressly agreed that the provisions contained in the higher-ranking document shall prevail for obligations in conflict of interpretation. The Company may, at any time and without prior notice, modify the terms of these GTU. These modifications come into effect upon their online publication on the Sites and/or on the Application. Any access or use of the Sites and/or the Application, after the modifications to the GTU come into effect, constitutes acceptance of the new GTU for the services offered.

It is therefore recommended that Users of the Sites and/or the Application regularly consult the GTU accessible on the Sites and on the Application, in order to become aware of any modifications and/or evolutions thereof.

Modifications and Evolutions

3.1. Presentation of Services

The Sites and the Application are particularly intended for road/heavy goods vehicle drivers as well as for owners of establishments dedicated or partly dedicated to road/heavy goods vehicle drivers. In some countries, the Sites and the Application may also be of interest to recruiters specialized in the road transport sector, as well as advertisers wishing to address the road transport world and owners of establishments hosting heavy goods vehicle drivers.

3.1.1. Services accessible from the Sites

The Sites are accessible to any User. They allow Users to access and use various services, including:

accessing a presentation of the Application and download links
accessing a POI database (on a given map or in a list)
accessing the Owner Account
in certain countries, searching for and/or posting job offers, submitting applications to offers present on job.truckfly.com, creating a job search alert

3.1.2. Services accessible from the Application

The Truckfly by Michelin Application is a mobile application, downloadable from Google Play and Apple App Store. The Application, subject to the creation of a Personal Account within the Application, allows Users to access and use various services, including:

identifying "points of interest" (POI) (for example, gas stations, motorway restaurants, parking lots, etc.),
accessing a POI database on a given map,
accessing a "News" section,
exporting the GPS coordinates of a POI to a navigation application and/or website,
accessing the profiles of POIs in the database to consult or modify them,
claiming a place as their own,
assigning a rating or commenting on a POI,
sharing their location via social networks,
in certain countries, searching for and/or posting job offers, submitting applications to offers present on job.truckfly.com, creating a job search alert,
accessing the paid satellite guidance service,
etc.

3.2. Modifications and Evolutions of Services

The Company reserves the right to make modifications and/or improvements and/or evolutions to the Sites and/or the Application. The Company reserves the right to modify the technical access conditions to the services. Furthermore, the Company reserves the right to permanently or temporarily cease one or more service(s) available on the Sites and/or on the Application.

Consequently, Users acknowledge and accept that no compensation may be granted to them by reason of a modification of one or more services offered by the Company on the Sites and/or on the Application.

End-User License and User Obligations

Subject to compliance with these GTU and applicable laws and regulations without restriction or interruption, the Company grants the User a personal, non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Sites and/or the Application exclusively for private and non-commercial use. Any collective and/or commercial use is strictly prohibited, unless agreed by the Company in a specific contract. The User undertakes, within the framework of the use of the Sites and/or the Application, to comply with these GTU. The User undertakes to use the Sites and/or the Application and all the information to which they may have access on the Sites and the Application only for a purpose consistent with public order, good morals, the rights of third parties, of the Company, as well as the ethical rules governing the internet. The User undertakes not to commit any act that could jeopardize the computer security of the Company or other Users of the Sites and/or the Application and to not disrupt their use of the Sites and/or the Application. The User undertakes to inform the Company, by registered letter with acknowledgment of receipt, of any complaint, legal action, claim of which they may be the subject and which could have consequences for these GTU or for the Company. Furthermore, the User is prohibited from carrying out automated queries of any kind on the Sites and/or on the Application (software, metasearch, etc.).

Interactive Services

5.1. Access to Interactive Services

The Company allows Users of the Sites and/or the Application to benefit from interactive services (hereinafter "the Interactive Services"). The Interactive Services consist of the possibility for Users of the Sites and/or the Application to publish content (hereinafter "User Content") such as:

reviews and/or comments, notably on restaurants, places, sites;
photographs, notably of restaurants, places, sites;
information on road traffic conditions;
personal information on their professional situation.
job offers
etc.

User Content is made available to other Users of the Sites and/or the Application concerned. Depending on the User Content concerned, Users of the Interactive Services will be required to comply with certain format or size conditions that will be indicated to them within the relevant publication form. Access to the Interactive Services may be conditioned on the prior creation of a Personal Account and/or an Owner Account in order to allow:

the Company to optimize the use of the Interactive Services and to comply with its legal identification obligations;
all Users of the Interactive Services to recognize their own contributions and, where applicable, to recognize each other.

The conditions and procedures for processing personal data collected by the Company during the creation of the Personal Account and the Owner Account are governed by the provisions of the Privacy Policy (https://www.truckfly.com/privacy/). The rights and obligations resulting from the use of the Personal Account and the Owner Account are governed by the provisions of the specific terms of use for the Personal Account and the Owner Account.

5.2. Prohibitions

Users undertake not to publish User Content contrary to applicable laws and regulations. Notably, Users are prohibited from publishing User Content:

unrelated to the topics covered;
contrary to public order or good morals;
defamatory, insulting, inappropriate, abusive, hateful, pornographic, pedophilic, revisionist, infringing on the honor or reputation of others, including that of the Company and/or the MICHELIN group, threatening a person or group of people;
inciting discrimination, hatred of a person or group of people due to their origin, sexual orientation, disability, or belonging or non-belonging to a particular ethnic group, nation, race or religion or glorifying war crimes or crimes against humanity (incitement to hatred or violence);
infringing on the rights of third parties, intellectual property, privacy, image rights, and notably, but not limited to:

aiming to disseminate in any form whatsoever content constituting infringement of patents, registered trademarks or infringing trade secrets or any other intellectual property right of third parties (copyrights, related rights, etc.), notably by removing or deleting any mention of copyright or trademarks, as well as any restrictive legend;
aiming to download, display, transmit in any way whatsoever or direct Internet users directly (hypertext link) or indirectly to any content containing pirated software, software serial numbers, software enabling hacking and intrusion into computer and telecommunication systems, computer viruses or any code, file or program designed to interrupt, destroy or limit the functionalities notably of any software, computer or telecommunications tool, and in general, any software tool or other means capable of infringing the rights of others and the security of persons and property;
aiming to disseminate deliberately false information with the aim of harming others or aiming to encourage, assist, spread or propagate in any way whatsoever rumors and/or violating the private nature of correspondence;
aiming to mislead other Internet users by impersonating the name or identifier of a User of the Sites and/or the Application;
aiming to download, collect, store personal and/or nominative data relating to other Internet users;
aiming to disseminate in any form whatsoever content that law or contractual relationships do not allow to transmit, such as internal company information or intellectual property information, confidential information received or communicated in the context of professional relations or subject to a confidentiality clause;
aiming to commit any action having a disruptive effect and/or hindering the real-time communication capabilities of the Personal Account, the Owner Account, the Site and/or the Application;
aiming to use the online communication space for advertising, professional or commercial purposes (solicitation, touting or prostitution) or in general to offer products and services directly or indirectly remunerating a third party;
aiming to divert the purpose of the online communication space for propaganda or proselytism purposes;
inviting to visit a paid site or having a commercial, advertising purpose;
infringing in any way whatsoever on minors;
inciting suicide or the commission of violent acts against oneself or others;
aiming to harass others;
inciting abuse and/or attack on individuals or animals;
related to the manufacture or trade of weapons or explosives.

5.3. Moderation

The Company acts, in the context of providing the Interactive Services, as a technical service provider hosting the User Content published via the Interactive Services. The User acknowledges, however, that the Company may verify by any means it deems useful the User Content after its online publication, either directly or by engaging a moderator.

Users thus acknowledge the Company's right, at its sole discretion, to modify or delete any User Content that appears to it to be contrary to the editorial line of the Site and/or the Applications, to applicable laws and regulations and in particular to the prohibitions referred to in this article, or that has been reported to it as such by the judicial authority. An alert system is made available at all times to any person wishing to report the publication on the Sites and/or the Application of any content contrary to the provisions of these GTU, and more generally to applicable laws and regulations of which they are aware. To exercise this right, Users may submit any complaint to the Company by using the online form available by clicking on the "Report" button (in the Application) or on "Contact us" (in the Application and on the Sites) by transmitting all information they deem useful for this purpose. The Company draws the attention of Users to the fact that all their statements may be used in the context of legal actions. The provision of false, inaccurate or misleading information may engage the civil and criminal liability of Users.

Hypertext Links

The establishment of a link to the Sites and/or the Applications without the express prior authorization of the Company is prohibited. In any event, hypertext links referring to the Sites and/or the Application must be removed upon the first request of the Company. Consequently, the following are particularly prohibited:

any automatic insertion link (inline linking) allowing the Internet user to automatically view content from the Sites and/or the Application in a specific location;
any framing link allowing a page of the Sites and/or the Application to appear in a frame inside the page of the site or application visited by the Internet user;
any link from sites contrary to the prohibitions referred to in the "Prohibitions" article of these GTU.

By these GTU and by derogation from the "Ownership" article of these GTU, the Company however authorizes Users to create:

one or more simple hypertext link(s) pointing to the home page of the Sites and/or the Application;
one or more simple hypertext link(s) pointing to the home page of the different sections of the Sites and/or the Application;
one or more hypertext link(s) pointing to a map, to an itinerary, a list of points of interest and/or a descriptive sheet, by following the instructions of the services of the Sites and/or the Application which offer this option.

Liability

7.1. Company Liability

The Company undertakes to make its best efforts to offer Users accurate and verified information, but cannot guarantee the accuracy, completeness or timeliness of the information disseminated on the Sites and/or on the Application. The Company undertakes to make its best efforts to ensure the availability of the Sites and/or the Application to Users at all times. Nevertheless, the Company cannot be held liable in the event of partial or total unavailability of the Sites and/or the Application, for any reason whatsoever. The User cannot in any event claim difficulty in accessing the Sites and/or the Application to access information in violation of these GTU.

THE SITES AND THE APPLICATION, AS WELL AS THEIR CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ITS SUPPLIERS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, ACCURATE OR COMPLETE. NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, INFORMATION OR CONTENT OF THE SITES, THE APPLICATION AND THEIR CONTENT. GEOLOCATION DATA, MAP DATA, DIRECTIONS, ITINERARIES OR OTHER FEATURES OR CONTENT INCLUDED IN OR ACCESSIBLE VIA THE SITES AND/OR THE APPLICATION MAY BE INACCURATE OR INCOMPLETE AND MAY DEPEND ON VARIOUS FACTORS EXTERNAL TO THE COMPANY. THE USER MUST RELY ON THEIR OWN JUDGMENT AND TAKE REAL-WORLD CONDITIONS INTO ACCOUNT. THE USER IS RESPONSIBLE FOR THEIR OWN CONDUCT AND MUST COMPLY WITH LOCAL LAWS WHEN USING THE SITES AND THE APPLICATION, AND NOTABLY THE GUIDANCE SERVICE. THE SITES AND THE APPLICATION AND THEIR CONTENT, AND NOTABLY THE GUIDANCE SERVICE, ARE NOT INTENDED FOR USE IN SITUATIONS WHERE PRECISE DATA IS NECESSARY OR WHERE INACCURATE OR INCOMPLETE DATA MAY LEAD TO AN ACCIDENT, PROPERTY DAMAGE, DEATH OR PERSONAL INJURY.

The Company's liability cannot be engaged by Users of the Sites and/or the Application due to indirect and/or unforeseeable damages suffered by the User. Indirect damages are considered to include, notably, loss of data, time, profits, turnover, margins, loss of orders, customers, operations, revenue, commercial actions or damage to brand image, expected results and third-party actions. The Company cannot furthermore be held responsible in case of investment orders or decisions based on information contained on the Sites and/or the Application or accessible through the Sites and/or the Application. Finally, the User is informed of the risks inherent in using the internet, particularly in terms of security flaws in data transmission and acknowledges having the necessary skills and means to access and use the Sites and/or the Application. In no case can the Company be held responsible for these risks and their detrimental consequences, whatever their extent, for the User.

7.2. Liability for Interactive Services

The User acknowledges that any User Content published via the Interactive Services remains the responsibility of its author and cannot in any way be assimilated to any advice, opinion or comment of the Company, its partners, affiliated companies or employees. The editorial responsibility of the Company, as technical service provider hosting User Content published via the Interactive Services, cannot therefore be engaged by reason of the publication of User Content within the framework of the provision of Interactive Services. Consequently, the Company is not subject to a general obligation to monitor User Content it stores, nor to a general obligation to search for facts or circumstances revealing illicit activities, nor to a warranty obligation regarding the accuracy, integrity or honesty of User Content published on the Sites and/or the Application. Consequently, the Company's liability cannot in any case be engaged due to activities or User Content if the Company did not have actual knowledge of their illicit nature or of facts and circumstances making this nature apparent or if, from the moment it acquired such knowledge, it acted promptly to remove such data or make access to it impossible.

7.3. Liability for Third-Party Services

The Sites and/or the Application may contain links to third-party sites such as rental companies, hoteliers, hotel booking platforms offering a number of services, as well as content or services offered directly to Users by third parties, restaurateurs, weather information providers, etc. (hereinafter "Third-Party Services"). The Company exercises no control over the providers of Third-Party Services and therefore assumes no responsibility for the quality, availability or content of Third-Party Services. The Company will therefore in no way be responsible for any damage, direct or indirect, that may occur during the use of Third-Party Services by the User.

Intellectual Property

8.1. Company Content

Elements belonging to the Company, such as the Sites, the Application, and their content such as trademarks, designs, models, images, sound and video clips, texts, photos, logos, graphic charter, software, the search engine, databases, taken as a whole or individually, without this list being exhaustive, are the exclusive property of the Company. These GTU do not entail any transfer of any kind of intellectual property rights over the elements belonging to the Company for the benefit of Users. Consequently, without this list being exhaustive, the following are unlawful:

any adaptation, making available to the public at its request or not, distribution, re-broadcasting in any form whatsoever, networking, public communication of all or part of the Services, works, performances, trademarks and all elements protected or susceptible of protection by intellectual property law reproduced on the Sites and/or the Application;
any extraction or re-use, including for private purposes, of a substantial part of the content of the databases constituted by the Sites and/or the Application;
any repeated and systematic extraction or re-use, including for private purposes, of even a non-substantial part of the content of the databases constituted by the Sites and/or the Application;
any link, access, modification, addition, deletion affecting the automated processing system for online publishing and modifying the publication conditions or editorial policy;
any action having the effect of creating an analogy or confusion in the public's mind between the Services of the Sites and/or the Application and third-party products or services. To this end, the User undertakes to take all necessary measures to protect said rights with respect to all third parties and, in particular, will maintain in good condition all proprietary notices that will appear on all data, information and more generally on the elements consultable on the Sites and/or the Application or communicated to them by the Company;
fraudulent access to and maintenance in an automated data processing system;
fraudulent deletion, modification or addition of data in this system;
obstructing this system.

As such, any use not expressly authorized in writing and in advance by the Company is prohibited and constitutes infringement. Any User who acts in violation of these GTU is subject to civil or criminal prosecution, which notably punishes infringements of copyright, neighboring rights, database producers' rights, as well as automated data processing systems.

8.2. User Content

User Content remains the property of its authors or their rights holders. Users grant the Company a non-exclusive and free license to represent, reproduce, exploit, modify, adapt, notably in terms of size, definition, framing, black and white conversion, attenuation, transparency, archive, translate User Content, or integrate it into other content, on all paper or digital media, notably the Sites, the Application, and all media aiming to promote the Company's products and/or services, as well as all other Company products, known and future, for promotional or commercial purposes, and by all means, worldwide and for the duration of the literary and artistic property rights attached to the User Content concerned and current and future international conventions. The Company will make its best efforts to respect the moral rights of authors, and in particular the right to paternity of authors of photographic works. The User declares that they have all intellectual property rights, whether intellectual creations belonging to them or for which they have ensured that they have all necessary prerogatives, notably intellectual property, allowing them to accept these GTU and to comply with all their stipulations. As such, the User guarantees the Company the peaceful enjoyment of the User Content they publish on the Sites and/or the Application. The User therefore undertakes to assume full responsibility for any action, claim, demand, eviction, recourse or opposition from any third party invoking an intellectual property right or an act of unfair competition and/or parasitism that would have been infringed due to the publication of the User Content concerned. Consequently, the User will bear all damages to which the Company would be condemned by reason of an act of infringement or unfair competition or parasitism resulting from the publication of the User Content concerned, and this, as soon as the conviction pronouncing them becomes enforceable, as well as the costs of any nature incurred by the Company to ensure its defense, including legal fees. The User will likewise indemnify the Company for all damaging consequences suffered by it due to disturbances in its peaceful enjoyment. Non-compliance with the provisions of this article may lead to the withdrawal of the disputed User Content, notwithstanding any other legal action and/or damages that the Company would be entitled to claim.

8.3. Third-Party Content

Elements belonging to third parties, such as websites, trademarks, designs, models, images, sound and video clips, texts, photos, logos, graphic charter, software, without this list being exhaustive (hereinafter "Third-Party Content"), are the exclusive property of their author and are protected as such by copyright, trademark law or any other right recognized by current legislation. These GTU do not entail any transfer of any kind of intellectual property rights over Third-Party Content to the benefit of Users unless expressly authorized by the Company or its author. Consequently, the User is prohibited from infringing these rights in any way whatsoever. Users acknowledge, insofar as Third-Party Content expressly refers to the websites on which it is available, that no confusion of any kind whatsoever is possible and that these elements and content cannot reasonably be presumed to be the property of the Company.

Data Protection

The conditions and procedures for processing personal data collected by the Company during the use of the Sites and/or the Application are governed by the provisions of the Privacy Policy (https://www.truckfly.com/privacy/).

Export Control

The User certifies that they will be the end-user of the services available on the Sites and/or on the Application, and of any Related Product (any good made available to the User as an integral part of the services) or any Related Accessory (hardware components necessary for the provision of services such as tire pressure monitoring equipment and any software or computer application used to process and display data) that are made available to the User as a necessary element of the services. The User undertakes to use the services available on the Sites and/or on the Application, and any Related Product and any Related Accessory only for the uses authorized by these GTU and not to make them available (whether free of charge or for a fee) to a third party (legal or natural person), regardless of the country. The User undertakes to comply with all applicable laws and regulations regarding the provision, sale, transfer, export, re-transfer, re-export of services available on the Sites and/or on the Application, of any Related Product, any Related Accessory, any related data, including notably those relating to trade sanctions, including notably but not limited to total or sectoral embargos, sanctions relating to prohibited legal or natural persons, and those relating to export control, including notably but not limited to military or dual-use products (hereinafter "Trade Restrictions"). A Sanctioned Person designates an individual, entity or organization that is (i) either designated or appearing on a Trade Restrictions list, (ii) either belonging to or controlled by a specifically designated person or appearing on a Trade Restrictions list, or (iii) acting on behalf or for the account of any specifically designated person or appearing on a Trade Restrictions list. The User certifies that neither they, nor any of their Group's affiliates, nor any of their respective directors or officers are Sanctioned Persons. The User undertakes to immediately notify the Company if any of the legal or natural persons mentioned above become Sanctioned Persons. The User undertakes to indemnify and protect the Company against any loss, costs, actions, damages, liability, expenses, including legal fees, and transaction or legal action costs, occasioned by any violation of Trade Restrictions by the User. The User is responsible for any action or omission committed in the exercise of their obligations under this clause, whether by their own act, or by the act of their directors, employees, affiliates, agents, suppliers or subcontractors, whoever they may be.

Non-compliance with GTU

In the event of a breach of the obligations of these GTU, the Company may take all measures it deems useful with respect to the User responsible for the breach.

Proof Convention

All correspondence exchanged between the parties shall constitute proof and shall therefore be opposable to them. Computerized records kept in the Company's computer systems shall be considered as proof of communication between the parties. The archiving and storage of access to services are carried out on a reliable and durable medium that can be produced as evidence.

Domicile and Notification

The Company elects domicile at the address appearing on the Sites and/or the Application.

Customer Service

For any information or question relating to the use of the Sites and/or the Application, the Company's customer service is available to Users by clicking on the "Contact us" section.

Applicable Law and Competent Jurisdiction

These GTU are governed by the law of the User's domicile or habitual residence. This applies to both substantive and procedural rules, regardless of the User's access location and the content of the data. Any dispute that may arise in the context of the execution of these GTU may, before any judicial action, be submitted to the Company for an amicable settlement. The User may also resort, in case of dispute, to a mediation procedure and notably send a written complaint to the mediator designated by the Company, CNPM MÉDIATION CONSOMMATION, via the procedure described on the website cnpm-mediation-consommation.eu/. The User is also informed that they can resort to the online dispute resolution service proposed by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013. This platform is accessible via the following link: webgate.ec.europa.eu/odr/.

Where applicable, any dispute related to the conclusion, validity, interpretation, execution or termination of these GTU shall be submitted to the courts of the jurisdiction in which the User has their domicile or habitual residence, unless mandatory procedural rules dictate otherwise.

Terms of Use for Personal Account and Owner Account

The purpose of these Terms of Use is to define the terms and conditions for using the Personal Account (for Application users who are drivers) and the Owner Account (for establishment owners – POIs) on the Sites and/or on the Application. The Personal Account and the Owner Account are services published and made available to Users of the Sites and/or the Application by the Company. It is not possible to create a Personal Account and an Owner Account from the same email address.

Creation and Use of a Personal Account

1.1 Eligibility Conditions

The creation of a Personal Account is done exclusively from the Application. To be able to create and use a Personal Account, the User must have the necessary legal capacity and have reached the required legal age. If this is not the case, the creation and use of the Personal Account can only be done under the authority and supervision of their legal representative. It is not possible for a person to have two Personal Accounts. The use of the Personal Account is limited to individual and personal use. Any collective, commercial and/or mercantile use is strictly prohibited.

1.2 Creation of a Personal Account

The creation of a Personal Account is done by clicking on the button dedicated to the Personal Account and then on the "Register" link. The User is invited to fill out a registration form. They must at a minimum provide the information in the account creation form identified as mandatory. The Company may also offer Users the possibility to register and log in using identifiers and access codes used for other online services (social networks...). The Company then delegates the management of registration and/or connection to the providers of these online services and in no case collects User identifiers and passwords. During registration, the User must provide accurate and up-to-date information. The User must therefore imperatively provide a valid email address. An email address cannot be used multiple times to create multiple Personal Accounts.

1.3 Connection to the Personal Account

The User can connect to their Personal Account from the Application. The functionalities of the Personal Account accessible may vary depending on the local version of the Application from which the User connects. If the User loses or forgets their password, they can go to the Application and click on the "Forgot password?" link of the personal account login form. They will then be asked to enter the email address with which they registered and validate it. An email with a password modification link will be sent to them. From this link, the User will be redirected to a web page asking them to choose and confirm their new password.

If the user's password is compromised or if they suspect it may be, the user must renew it without delay by following the process described above or by contacting the Company's Customer Service.

1.4 Features and Services Accessible with the Personal Account

Different services and features may be accessible from or via the Personal Account. The user may notably be offered to:

Complete their profile with their personal information, information relating to their vehicle,
Complete their CV (in France only),
Save their preferences related to their itinerary calculations,
Access their favorite information: points of interest, addresses, itineraries...,
Participate in contests, surveys and questionnaires,
Etc.

The various services and functionalities of the Personal Account may be subject to specific terms and conditions where applicable. The user acknowledges that the Personal Account is likely to evolve and that, as such, the services could be adapted accordingly.

Creation and Use of an Owner Account

2.1 Eligibility Conditions

The creation of an Owner Account is done from the Application or from the Sites, by claiming ownership of an establishment already referenced in the Truckfly POI database or by creating their establishment in said POI database. To be able to create and use an Owner Account, the User must have the necessary legal capacity and have reached the required legal age. They must also be the legal representative of the establishment whose ownership they claim or act in its name and on its behalf. It is not possible for a person to have two Owner Accounts. It is also not possible for a person to have a Personal Account and an Owner Account. The use of the Owner Account is limited to individual and personal use. Any collective, commercial and/or mercantile use is strictly prohibited.

2.2 Creation of an Owner Account

The steps for creating an Owner Account are as follows:

2.2.1 How to obtain owner status

Via the Site (www.truckfly.com)

Go to the "Establishments" section and click on "Add my establishment".
Enter the address:

Establishment already referenced: select the existing listing.
Establishment absent: click on "Reference it" to create a new listing.

Create a Personal Account or log in to an existing Personal Account by entering [information missing in source].
Validate the request. A confirmation message informs the User that their file has been sent to the Support team.

Via the Application

Create (or open) a Personal Account in the Application.
Open the listing of the establishment concerned and click on "I am an owner".

2.2.2 Verification by the Support team

Each request is manually reviewed: the User may be asked to provide any proof of ownership (e.g., KBIS extract, invoice, commercial lease).

In case of validation:

The "Owner" status is granted to the User.
The Personal Account is then transformed into an Owner Account.
A confirmation email is sent to the User.
The owner can then access their Owner Account to update information related to their establishment (hours, services, photos, etc.).

In case of refusal: the User receives a reasoned email and retains a classic Personal Account.

The User must in any event always provide accurate and up-to-date information. The User must therefore imperatively provide a valid email address. An email address cannot be used multiple times to create multiple Owner Accounts.

2.3 Connecting to the Owner Account

The User can connect to their Owner Account from the Sites and from the Application. The functionalities of the Owner Account accessible may vary depending on the location of the User's establishment. If the user loses or forgets their password, they can go to the Sites or to the Application and click on the "Forgot password?" link of the Owner Account login form. They will then be asked to enter the email address with which they registered and validate it. An email with a password modification link will be sent to them. From this link, the user will be redirected to a web page asking them to choose and confirm their new password. If the user's password is compromised or if they suspect it may be, the user must renew it without delay by following the process described above or by contacting the Company's Customer Service.

2.4 Features and Services Accessible with the Owner Account

Different services and functionalities may be accessible from or via the Owner Account. The user may thus notably:

Complete their profile with their personal information
Complete the information relating to their establishment(s),
Add photos of their establishment(s)
Etc.

The various services and functionalities of the Owner Account may be subject to specific terms and conditions where applicable. The User acknowledges that the Owner Account is likely to evolve and that, as such, the services could be adapted accordingly.

User Obligations

The User undertakes to use the Personal Account or the Owner Account fairly, in accordance with the GTU and any applicable regulations. They undertake not to infringe the rights of third parties or public order. The User is solely responsible for the content they disseminate in the context of using the Personal Account and/or the Owner Account. They guarantee the Company that they have all necessary rights and authorizations for the dissemination of this content. Thus, the User is notably prohibited from, and this list is not exhaustive: a. Harming the proper functioning of the Personal Account and/or the Owner Account and the Company's computer systems (use or uploading of viruses, malicious codes...). b. Disseminating pornographic, obscene, indecent, shocking, defamatory, insulting, violent, racist, xenophobic or revisionist content, c. Disseminating infringing content, d. Disseminating content subject to specific regulations (e.g., alcohol), e. Disseminating content harmful to the image of a third party, f. Disseminating false, misleading content, or proposing or promoting illicit, fraudulent or misleading activities, or which could incite the commission of crimes and offenses, g. And more generally, content likely to infringe, in any manner and in any form whatsoever, the rights of third parties or the Company, and notably intellectual property rights, such as copyright, database rights, trademark or patent rights, or personality rights, such as the right to privacy, image or honor or dignity.

It is also strictly prohibited to create a hypertext link to illicit content as defined above. The User acknowledges that the Company may verify by any means it deems useful the content and reviews posted online either directly or by engaging a moderator. The User thus acknowledges the Company's right, at its sole discretion and without them being able to claim any compensation, to delete any content or review that appears to it to be contrary to applicable laws and regulations and notably to the prohibitions referred to in these terms of use, or that has been reported to it as such by the judicial authority. The User may at any time request the Company's Customer Service to modify or withdraw content published by them by indicating the publication date and the subject of the content. In the event of a request for withdrawal, this content will be removed from the User's Personal Account and/or Owner Account and from their publications but may continue to be used and exploited within the limits of the license that the user grants under the "INTELLECTUAL PROPERTY" article of these terms of use. The User may also report the publication of any illicit content of which they become aware, by contacting the Company's Customer Service. Abuse of this right may engage the user's liability.

Intellectual Property

Subject to compliance with these terms of use and the documents they reference, the Company grants the User the right to use their Personal Account or Owner Account for personal purposes. Unless expressly stated otherwise, the provision and use of the Personal Account and/or the Owner Account, as well as these terms of use, do not entail any transfer of intellectual property rights of any kind whatsoever. When the User publishes or shares content via their Personal Account or via their Owner Account, they grant the Company, within the limits permitted by applicable regulations, a non-exclusive, transferable, sublicensable and free license to host, use, exploit, distribute, modify, reproduce, publicly represent or publicly display, translate and create derivative works from this content. This license is valid worldwide and for the entire duration of protection of this content by an intellectual property right.

Liability

To access the services and functionalities of the Personal Account and the Owner Account, the User must have a username and password. The User is solely responsible for the preservation and confidentiality of their username and password and the data they transmit. It is recommended that they:

Use a complex password;
Change their password regularly;
Not use a password already used for another service.

The User undertakes to take all useful measures to ensure perfect confidentiality. The User undertakes not to communicate, assign, sell or rent their username and/or password to a third party. In any event, the User is solely responsible for the use of their Personal Account or Owner Account made under their username and password. The Personal Account and the Owner Account, as well as the Owner Space, are provided "as is" without any express or implied warranty of any kind whatsoever, with the exception of applicable legal guarantees such as the legal guarantee of conformity from which the user benefits where applicable and which they can implement in accordance with the provisions of Articles 224-25-12 et seq. of the Consumer Code. The Company makes no commitment regarding quality, in particular regarding possible service levels, accessibility rates or availability levels, in the context of making the Personal Account and the Owner Account available. The Company cannot be held responsible in case of contamination of computer equipment resulting from the spread of a virus or other computer infections. It is up to the user to take all appropriate measures to protect their computer equipment. In no case can the Company, its employees, its suppliers, or its partners be held responsible, under a contractual liability action, a tort liability action or any other action, for any direct or indirect, incidental or consequential damage, or of any kind whatsoever or any prejudice, notably of a financial or commercial nature, resulting from the use of the Personal Account or the Owner Account. The limitations of liability set forth in this clause do not apply in case of (i) fraud or willful misconduct by one of the parties; (ii) death or personal injury. The Personal Account and the Owner Account may contain simple or deep links to partner sites of the Company or third parties, with the latter's authorization for deep links. The Company exercises no control over these sites and therefore assumes no responsibility for their accessibility, relevance, availability, content, advertising, products and/or services available on or from these sites. Thus, the Company is in no way responsible for direct or indirect damages that may occur during access to or use of the partner's site by the User or due to the non-compliance of this site with any regulation.

Closure, Suspension or Termination of the Personal Account or Owner Account

The User may at any time close their Personal Account or Owner Account by directly contacting the Company's Customer Service. If the Personal Account or Owner Account is not used for a period of 2 years, it will be automatically deleted. In case of non-compliance with these terms of use, the User is subject to the following measures: deletion of all or part of their content, suspension of their Personal Account or Owner Account, closure of their Personal Account or Owner Account and prohibition of any registration on all Sites and Applications of the Company, and this, without prejudice to any other claim and/or legal action that the Company deems appropriate to initiate.

Updates to the Personal Account and Owner Account or the terms of use for the Personal Account and Owner Account

The Company may at any time modify the functionalities and services of the Personal Account and/or the Owner Account, as well as these terms of use. The Company is in no way committed to making accessible, providing and maintaining for the benefit of Users all the functionalities and services of the Personal Account and/or the Owner Account described in these terms of use. The Company may thus at any time and at its sole discretion suspend, interrupt or cease to provide the Personal Account and/or the Owner Account to users without incurring any liability for this. Consequently, the User acknowledges and accepts that no compensation may be granted to them by reason of any modifications to the Personal Account and/or the Owner Account or their cessation. In the event that any of the stipulations of these terms of use are deemed illegal, null or unenforceable for any reason whatsoever, it shall be considered as not forming part of these terms of use and shall not affect the validity or enforceability of the other stipulations.

Personal Data

The Company is required to collect and/or process personal data concerning the User in the context of making the Personal Account and/or the Owner Account available. The conditions and procedures for processing personal data collected by the Company during the use of the Personal Account and/or the Owner Account are governed by the provisions of the Privacy Policy.

Dispute Resolution, Applicable Law and Competent Jurisdiction

These terms of use are governed by the law of the User's domicile or habitual residence. This applies to both substantive and procedural rules, regardless of the User's access location and the content of the data. Any dispute that may arise in the context of the execution of these terms of use may, before any judicial action, be submitted to the Company for an amicable settlement. The User may also resort, in case of dispute, to a mediation procedure and notably send a written complaint to the mediator designated by the Company, CNPM MÉDIATION CONSOMMATION, via the procedure described on the website cnpm-mediation-consommation.eu/. The User is also informed that they can resort to the online dispute resolution service proposed by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013. This platform is accessible via the following link: webgate.ec.europa.eu/odr/.

Where applicable, any dispute related to the conclusion, validity, interpretation, execution or termination of these terms of use shall be submitted to the courts of the jurisdiction in which the User has their domicile or habitual residence, unless mandatory procedural rules dictate otherwise.

Contact Us

For any information or question relating to the use of the Personal Account and/or the Owner Account, the Company's customer service is available to Users via the dedicated contact form accessible via "Contact us" (https://www.truckfly.com/contact-us).

Terms of Use for the Guidance Service on the Application

Presentation of the Guidance Service:

The GPS guidance feature allows the User to reach a destination by displaying the navigation map as well as detailed instructions and voice guidance. This feature is accessible after downloading the Application or performing an update via Google Play or Apple App Store. The GPS guidance offered by Truckfly is a paid subscription driving aid tool, dedicated to heavy goods vehicle drivers. It notably allows drivers to calculate itineraries taking into account the specificities of their vehicle (category, dimensions, GVW, etc.) and their load. The navigation map adapts its style to day or night driving and displays traffic status on the route. GPS guidance integrates speed limits, which are permanently displayed with a visual alert in case of speeding. The User will also be alerted to danger zones on the road and real-time traffic events (traffic jams, roadworks, accidents, road conditions, closures...). Navigation is periodically refreshed to provide a more accurate estimate of remaining arrival time and traffic status. In the event that the User leaves the route, a new route is recalculated taking into account traffic and the initially chosen route if several alternative itineraries were offered.

Purpose

These terms of use of the Company, as well as those of the Company's provider (Here) available here: https://legal.here.com/fr-fr/terms/here-end-user-terms, govern any use by the User of the Guidance Service offered by the Company on the Application (feature not available on the Sites). By the sole fact of using the Guidance Service offered on the Application, the User explicitly and unreservedly accepts these conditions as well as Here's terms of use, which may be modified by the Company or by Here at any time. Failing agreement by the User to these terms of use and/or to those of Here, the User is not authorized to use this service.

Personal Information

The conditions and procedures for processing personal data collected by the Company during the use of the Guidance Service are governed by the provisions of the Privacy Policy

Conditions of Use of the Guidance Service

The Company offers Users the possibility to use the Guidance Service and grants them the right to use it exclusively for private and non-commercial purposes. Any collective and/or commercial use is strictly prohibited. The User undertakes to use this Service in accordance with the regulations in force. The use of the Guidance Service requires the creation of a Personal Account by the User (in accordance with the Terms of Use for the Personal Account and the Owner Account).

The use of the Guidance Service also requires the User to update the Application as soon as an update is made available on the Apple App Store or Google Play.

THE USE OF THE GUIDANCE SERVICE ALSO REQUIRES THE USER TO ENTER ALL THE CHARACTERISTICS RELATING TO THEIR VEHICLE AND THEIR LOAD. MISSING OR ERRONEOUS INFORMATION MAY RESULT IN INCORRECT ROUTE CALCULATION (THE ROUTES PROPOSED BY THE SERVICE TAKING INTO ACCOUNT THE INFORMATION COMMUNICATED BY THE USER). THE COMPANY ENCOURAGES THE USER TO EXERCISE MEASURE AND CAUTION IN THEIR DRIVING BEHAVIOR.

Compliance with Road Safety Regulations

IT IS REMINDED TO THE USER THAT IT IS THEIR RESPONSIBILITY TO COMPLY WITH APPLICABLE ROAD SAFETY AND TRAFFIC REGULATIONS, AS WELL AS ROAD SIGNS, REGARDLESS OF THEIR LOCATION. IT IS ALSO REMINDED TO THE USER THAT IN FRANCE, THE USE OF A HANDHELD PHONE WHILE DRIVING IS PROHIBITED (ARTICLE R412-6-1 OF THE HIGHWAY CODE). ALSO PROHIBITED, SINCE JULY 1, 2015, IS THE WEARING IN THE EAR OF ANY DEVICE CAPABLE OF EMITTING SOUND BY THE DRIVER OF A VEHICLE IN CIRCULATION, WITH THE EXCEPTION OF ELECTRONIC DEVICES CORRECTING HEARING LOSS. EARPIECES ALLOWING PHONE CALLS OR LISTENING TO MUSIC ARE PART OF THIS PROHIBITION. THE USER REMAINS FULLY AND ENTIRELY RESPONSIBLE FOR COMPLYING WITH THE HIGHWAY CODE AND APPLICABLE ROAD SAFETY PROVISIONS, REGARDLESS OF THEIR LOCATION, AND THE COMPANY'S LIABILITY CANNOT, UNDER ANY CIRCUMSTANCES, AND UNDER NO PRETEXT, BE ENGAGED IN THIS REGARD.

Liability

THE COMPANY AND ITS SUPPLIERS MAKE THEIR BEST EFFORTS TO OFFER USERS ACCURATE AND VERIFIED INFORMATION, BUT CANNOT, UNDER ANY CIRCUMSTANCES, GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED BY THE GUIDANCE SERVICE ON THE APPLICATION. THE GUIDANCE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ITS SUPPLIERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, ACCURATE OR COMPLETE. NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, INFORMATION OR CONTENT OF THE APPLICATION AND IN PARTICULAR THE GUIDANCE SERVICE. Geolocation data, map data, directions, itineraries or other functionalities or content included in or accessible via the Sites and the Application may be inaccurate or incomplete and may depend on various factors external to the Company. The User must rely on their own judgment and take real-world conditions into account. The User is responsible for their own conduct and must comply with local laws when using the Sites and the Application, and notably the Guidance Service. The Sites and the Application and their content, and notably the Guidance Service, are not intended for use in situations where precise data is necessary or where inaccurate or incomplete data may lead to an accident, property damage, death or personal injury. The User declares to be aware that the operation of the Guidance Service is partly based on information provided to the Company and its providers by Users, as well as by third-party contractors, notably in what concerns the indication of speed limits, navigation, road traffic status and other reminders of traffic regulations. Consequently, the liability of the Company and its provider cannot in any case be engaged in the event that the information provided by Users or third parties is incomplete, outdated or erroneous. The Company cannot in any case be held responsible for any alleged infringements by the User. The Company undertakes to make its best efforts to ensure the availability of the Guidance Service on the Application at all times. Nevertheless, the Company cannot be held responsible in case of partial or total unavailability of the Guidance Service on the Application, for any reason whatsoever. It is expressly agreed that the operation of the Guidance Service is notably based on technologies developed and exploited by third parties over whom the Company has no means of intervention. Thus, the Company will not be required to provide the Service in case of failure of the GSM network, UHF network or GPS network, notably, or in case of force majeure understood notably but not limited to strikes, bad weather, wars, embargos, failures of the electrical network, the Internet network, satellites, failures of mobile phone operators to fulfill their obligations. Furthermore, the Service may be temporarily unavailable on instruction or requisition from authorities. The User declares to be aware that the GSM data networks (2G, 3G, 4G, 5G...) of mobile phone operators are constantly evolving, that there are also areas where GPS satellite signals are not detectable (tunnels, canyon effects in cities and mountains), and that it is therefore possible that certain areas of the territory are not covered by these networks and that access to the Service may be disrupted there. The User cannot in any event claim any difficulty in accessing the Guidance Service on the Application to justify any complaint against the Company. In any event, the Company's liability cannot be engaged notably (but not limited to), due to the unavailability of the Guidance Service, its operation, the itinerary chosen and indicated by the Guidance Service, the indicated travel time, the traffic status and the announced toll prices, etc.

The Company's liability cannot be engaged by Users of the Guidance Service due to indirect and/or unforeseeable damages suffered by the User. Indirect damages are considered to include, notably, loss of data, time, profits, turnover, margins, loss of orders, customers, operations, revenue, commercial actions or damage to brand image, expected results and third-party actions. The Company cannot furthermore be held responsible in case of investment orders or decisions based on information contained on the Sites and/or the Application or accessible through the Sites and/or the Application. In any event, the Company's liability under the Guidance Service (paid) shall not exceed the amount of sums paid by the User during the twelve (12) months preceding the event giving rise to liability. Finally, the User is informed of the risks inherent in using the internet, particularly in terms of security flaws in data transmission and acknowledges having the necessary skills and means to access and use the Application. In no case can the Company be held responsible for these risks and their detrimental consequences, whatever their extent, for the User.

Miscellaneous

The Company may at any time modify the terms of these terms of use. These modifications are binding on the User upon their online publication. It is therefore recommended that the User regularly consult the terms of use to become aware of these new conditions.

Dispute Resolution, Applicable Law and Competent Jurisdiction

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