Terms and Conditions

Preamble

Please read these Terms and Conditions of Use (T&Cs) carefully, as they contain important information regarding your rights and obligations.

They are subject to the provisions of Articles 1125 et seq. of the Civil Code.

In the absence of a contract signed between the Parties, these T&Cs apply to the Client, who is granted a personal, non-exclusive, and non-transferable right to access and use the Solution published by ALOBEES. They prevail in all circumstances over the Client's general terms and conditions of purchase.

Consequently, no handwritten annotation by the Client on the quote, purchase order, or any other contractual document shall have any validity between the Parties, unless ALOBEES has provided written agreement to said modification or mention.

The Client declares that they have received all necessary information prior to their commitment, by means of these T&Cs as well as any other document that may have been brought to their attention, the demonstration of the Solution they may have requested, and the free trial they may have benefited from upon simple request.

Definitions

Subscription

The Client's enrollment in an offer providing access to the Solution, according to the terms validated by both parties.

Mobile application

Construction site management solution published by ALOBEES, downloadable on iOS and Android platforms.

Client

A legal entity or individual who has subscribed to a paid Subscription to the Solution and/or a Service billed for their professional needs.

Identifier

Personal code associated with an account allowing access to the Solution via the Mobile application or the Website.

Additional services

Additional services offered by ALOBEES (e.g., training, integrations, ERP connectors, custom macros, summary tables, etc.).

Website

Website published by ALOBEES, available at https://www.alobees.com which provides access to the Solution.

Solution

Construction management software published by ALOBEES and made available to the Client either via the Website or the mobile Application.

User

Any person, whether a member of the Client's staff or not, authorized to use the Solution accessible under the Subscription purchased by the Client.

Article 1 — Acceptance

When a Client creates an account via the Website or the mobile Application, or subscribes to a Subscription, they agree to comply with and be bound by the provisions of these Terms of Use.

Users also unconditionally agree to comply with these Terms of Use.

These Terms of Use govern access to the Solution. The Client and their Users declare that they have read these Terms of Use and expressly accept them, without reservation and/or modification of any kind.

ALOBEES reserves the right, at its sole discretion, to modify these Terms of Use at any time. The Client is therefore encouraged to regularly review these Terms of Use, which are published on the Website and also available via the mobile Application.

These Terms of Use and any subsequent modifications are applicable throughout the entire duration of the Client's use of the Solution.

Article 2 — Purpose

The purpose of this document is to define the terms and conditions under which the company ALOBEES (a simplified joint-stock company with a capital of €13,722, SIREN 824 811 186 (Paris Trade and Companies Register), with its registered office at 8b rue Abel – 75012 Paris), hereinafter referred to as "ALOBEES," grants the Client, for the duration of the Subscription and on a non-exclusive, non-assignable, and non-transferable basis, a right to access and use the Solution, under the conditions and limits defined herein.

This right does not grant the Client ownership of the Solution, nor any right to reproduce, modify, decompile, or distribute the Solution, as ALOBEES remains the sole holder of all intellectual property rights pertaining to the Solution.

Article 3 — Subscription and User Management

3.1 Creation and management of User accounts

Creating an account, whether it is the Client's account or a User account, requires the provision of accurate, complete, and up-to-date information, including at a minimum the identity, email address, and/or telephone number of the person concerned, as well as any other information required by the registration form.

The Client guarantees the accuracy and updating of this information throughout the contractual relationship. The Client is solely responsible for any error, omission, or inaccuracy in the information provided, as well as for any resulting consequences, particularly regarding billing, access to the Solution, or notifications.

The Client's administrator is responsible for creating or deleting User accounts. ALOBEES will invoice for all subscribed User accounts, whether they are active or not. The Client's administrator account has the ability to create, modify, suspend, or delete the accounts of the Users they authorize, and to assign them differentiated roles and access levels within the Solution (hereinafter the "Authorizations").

The Client is solely responsible for defining the Authorizations granted to each User and guarantees that they have, where applicable, all necessary authorization (particularly with regard to labor law and regulations applicable to the relationship with their employees or collaborators) to create these accounts and grant them access to the data processed via the Solution.

Each User is assigned personal and confidential login credentials.

The Client and each User agree to:

• keep these credentials strictly confidential and not disclose them to any third party;
• immediately notify ALOBEES of any known loss, theft, disclosure, or unauthorized use of a credential;
• not share a single User account among multiple individuals.

Any connection and action performed from a User account using valid credentials for that account is deemed to have been performed by the User who owns the account, unless proven otherwise, and is the responsibility of the Client.

Deleting a User account results in the immediate loss of access to the Solution for the person concerned, although ALOBEES will retain the data associated with that account for the duration of the Client's Subscription.

ALOBEES reserves the right to suspend, without notice, any User account whose use constitutes a violation of these Terms of Service, particularly in the event of fraudulent use, prohibited sharing of credentials, or any threat to the security of the Solution, the Site, or the mobile Application.

3.2 Free Trial

The Client is entitled to a free trial period of fourteen (14) consecutive days (hereinafter the "Trial Period"), starting from the date the account is created on the Site or mobile Application.

During the Trial Period, the Client enjoys free, no-obligation access to all features of the Solution. No banking information is required to start the Trial Period.

Upon expiration of the Trial Period:

• if the Client wishes to retain access to the Solution, they must provide valid banking information and subscribe to the Subscription of their choice;
• if no Subscription is purchased, the Client's access is automatically restricted to the free modules of the Solution, without account deletion or loss of previously entered data.

The Client may terminate their access at any time during the Trial Period, without cost or justification, by deleting their account.

ALOBEES reserves the right to modify the duration or terms of the Trial Period, particularly in the context of special promotional offers; such temporary changes will have no impact on existing Subscriptions.

3.3 User Management

• Adding a User

The Client may add one or more Users at any time from their administration dashboard.

Each User added during a billing period will incur a charge calculated on a pro-rata basis, from the effective date of account activation until the next billing cycle, based on the current rate per User.

• Deactivating a User

The Client may deactivate a User at any time from their administration dashboard.

Deactivation does not entitle the Client to any credit for the current Subscription period.

Any reduction in the number of Users will only be taken into account at the time of Subscription renewal.

• Floating access rights system

ALOBEES provides the Client with a floating access rights system, allowing them to replace a deactivated User with a new User at no additional cost, provided that the total number of subscribed Users is not exceeded.

The Client remains solely responsible for the proper allocation of access rights among the Users they authorize, and for updating the list of Users, particularly when an employee leaves.

Article 4 — Solution and Additional Services

4.1 Right of access and use of the Solution

ALOBEES grants the Client, for the duration of the Subscription, a personal, non-exclusive, and non-transferable right to access and use the Solution via the Website and/or the mobile Application, solely for the Client's internal operational needs, within the limits of the number of Users and features subscribed to under their Subscription.

This right of access and use is strictly personal to the Client. It may only be exercised by the Users whom the Client has personally authorized.

The Client agrees not to, directly or indirectly:

• reproduce, copy, decompile, disassemble, or attempt to extract the source code of the Solution, except in cases expressly permitted by law;
• modify, adapt, or create derivative works based on the Solution;
• make available, rent, assign, lend, sublicense, or distribute, whether free of charge or for a fee, all or part of the Solution to any third party;
• use the Solution for the purpose of compiling or running programs unrelated to its intended purpose;
• access, modify, or attempt to access data or files that do not belong to them;
• intentionally disrupt the operation of the Solution by any means, including by introducing viruses, Trojan horses, or any other malicious elements;
• publish, send, or disseminate, through the Solution, content that is defamatory, abusive, obscene, unlawful, contrary to public order, or that infringes upon the rights of third parties;
• more generally, use the Solution for any illegal purpose or in any manner inconsistent with its intended use.

The Client agrees to ensure that its Users comply with these prohibitions.

Any use of the Solution that does not comply with the preceding provisions constitutes an infringement of ALOBEES' exploitation rights and, where applicable, an act of copyright infringement within the meaning of Article L. 335-3 of the Intellectual Property Code.

ALOBEES reserves the right to conduct targeted and temporary audits of the Client's use of the Solution, in compliance with applicable personal data protection regulations.

In the event of a breach by the Client of the provisions of this article, ALOBEES may suspend or block access to the Solution.

The features available under the Subscription are described on the Site and/or in the mobile Application and vary according to the plan subscribed to by the Client.

ALOBEES reserves the right to evolve, enhance, modify, or remove all or part of the Solution's features, particularly for technical, regulatory, or continuous software improvement reasons. These changes do not constitute a substantial modification of the contract concluded between the two parties.

4.2 Additional Services

Additional Services may be offered to the Client, including Solution integration, training sessions, ERP connector installation, custom macro development, or the implementation of specific integrations.

Additional Services are subject to a prior quote detailing their nature, scope, and price, which must be signed by the Client.

Unless otherwise expressly agreed in writing by ALOBEES, orders for Additional Services are firm and non-cancellable once the order form has been signed.

Article 5 — Pricing and Payment

5.1 Rates

Prices are expressed in euros excluding tax, with VAT and any other applicable taxes added at the rate in effect on the date of invoicing.

ALOBEES reserves the right to revise its rates at any time. Any price change will be notified to the Client by email and/or by notification in the client portal at least one (1) month before it takes effect.

The new rate applies only upon the renewal of the current Initial Period or Renewal Period. The Client may freely refuse the application of the new rate before it comes into effect by terminating the current Subscription under the conditions set out in the Termination article below.

5.2 Invoicing and payment terms

Subscriptions are billed in advance, in accordance with the payment frequency selected by the Client (monthly or annual). Additional Services are billed separately, according to the terms and schedule agreed upon in the corresponding quote.

Invoices are payable upon receipt, unless a different payment term is expressly stated on the invoice or contractually agreed.

5.3 Late payment

In accordance with Article L. 441-10 of the Commercial Code, any late payment beyond the due date shall automatically result in the following, without the need for a reminder:

• the application of late payment penalties calculated at a rate equal to three (3) times the current legal interest rate, applied to the total amount including tax of the sum remaining due, from the day following the payment date indicated on the invoice until the day of full and effective payment;
• the payment of a fixed indemnity for recovery costs in the amount of forty (40) euros, due automatically and without prior notification, without prejudice to additional compensation upon justification if the recovery costs incurred by ALOBEES exceed this amount.

Any failure to pay by the due date may also result in the suspension of the Client's access to the Solution and any additional Services.

5.4 Payment method and direct debit authorization

Payment of sums due under the Subscription is made by credit card or SEPA direct debit via a secure third-party payment service provider that is PCI-DSS compliant. ALOBEES does not collect or store any of the Client's payment data, as this is processed exclusively by said provider.

By subscribing to a Subscription, the Client expressly authorizes ALOBEES to debit, through this provider, the amounts due for their Subscription and, where applicable, any additional Services subscribed to, according to the scheduled billing cycle.

5.5 Invoice disputes

Any dispute regarding an invoice must be sent to ALOBEES in writing within fifteen (15) days of its issue date, failing which the invoice shall be deemed definitively accepted by the Client.

Filing a complaint does not in any way exempt the Client from paying the sums due by their due date, including those under dispute, unless ALOBEES has expressly agreed in writing to suspend the payment obligation for the contested amount pending resolution of the dispute.

Article 6 — Insurance, Availability, and Liability

6.1 Insurance

ALOBEES certifies that it holds a professional civil liability insurance policy, taken out with a reputable and solvent insurance company, with coverage amounts appropriate to the nature of its business.

6.2 Solution availability

ALOBEES commits, as part of an obligation of means, to use its best efforts to ensure the continuity and quality of access to the Solution.

However, access to the Solution may be subject to temporary interruptions, particularly for maintenance, updates, technical improvements, or in cases of force majeure.

Whenever possible, scheduled maintenance operations are performed outside of standard business hours and, where feasible, the Client will be notified in advance by any appropriate means (email, in-app notification, etc.).

ALOBEES cannot be held liable for any slowdowns, malfunctions, or unavailability of the Solution resulting from external causes, including failures of the public telecommunications network or a third-party operator, or a loss of the Client's internet connectivity not attributable to ALOBEES.

The Solution is used under the sole direction, control, and responsibility of the Client. It is the Client's responsibility, prior to any use of the Solution, to ensure its suitability for their needs and the ability of their Users to operate it.

6.3 Limitation of liability

In the event of loss or damage to the Client's data or files exclusively attributable to ALOBEES, the latter's liability is limited to the restoration of the last available backup of the affected data.

It is the Client's responsibility to comply with the conditions, usage limits, and prerequisites applicable to the Solution. The Client waives the right to hold ALOBEES liable for any damages caused by failure to comply with these conditions.

To prevent IT risks, ALOBEES implements industry-standard cybersecurity best practices and cannot be held liable for any contamination of the Client's files and/or data by a virus or any other type of malicious software, nor for any resulting damages.

ALOBEES may only be held liable in the event of proven fault.

ALOBEES shall not be held liable for any indirect damages resulting from the use or inability to use the Solution. Indirect damages include, but are not limited to: loss of revenue, loss of business, loss of customers, loss of orders, loss of profit, loss of earnings, damage to brand image, interruption of data use or availability, loss of data or files, or any claim made by a third party against the Client.

In any event, if ALOBEES is found liable for any reason whatsoever, the total amount of damages and compensation owed by ALOBEES to the Client, for all causes combined, is limited to the amount actually paid by the Client for the Subscription in effect at the time the event giving rise to the liability occurred.

ALOBEES is in no way responsible for the nature of the data processed or the information communicated by the Client or its Users. ALOBEES cannot be held liable for activities or information stored at the request of a User if it did not have actual knowledge of their illicit nature or of facts and circumstances making this nature apparent, or if, as soon as it became aware of them, it acted promptly to remove such information or make access to it impossible.

It is expressly agreed between the Parties, and accepted by the Client, that the provisions of this clause shall continue to apply in the event of termination of this agreement as established by a final court decision.

These provisions establish a risk allocation between ALOBEES and the Client. The price of the Subscription and additional Services reflects this allocation as well as the limitation of liability described above.

Article 7 — Term and Termination

7.1 Term

ALOBEES offers the Client several Subscription plans, the content, features, and pricing of which are described on the Site and/or communicated to the Client upon subscription, particularly on the page https://www.alobees.com/tarifs.

• Commitment period

The Subscription is taken out according to one of two options chosen by the Client at the time of subscription:

• Monthly plan: the Subscription is taken out for a period of one (1) month from its activation date;
• Annual plan: the Subscription is taken out for an initial period of twelve (12) consecutive months from its activation date.

Unless otherwise expressly agreed between the Parties, the plan chosen by the Client at the time of subscription (hereinafter the "Initial Period") determines the duration applicable to their Subscription.

• Automatic renewal

Upon expiration of the Initial Period, whether monthly or annual, the Subscription is automatically renewed for successive periods of the same duration, unless terminated by either Party in accordance with the conditions and notice periods provided below.

7.2 Termination

• Termination at the end of the term

The Client may terminate the Subscription at the end of the Initial Period or any Renewal Period, provided they notify the other party in writing (via email or the client portal) before the end of the current contractual period. If no such notification is provided within this timeframe, the Subscription will be automatically renewed.

ALOBEES may terminate the Subscription at the end of the Initial Period or any Renewal Period, provided it notifies the other party in writing (via email or the client portal) at least three (3) months before the end of the current contractual period. If no such notification is provided within this timeframe, the Subscription will be automatically renewed.

• Early termination during the Period

A Client who wishes to terminate their Subscription before the end of the Initial Period or a Renewal Period remains liable for the full amount due until the end of the current commitment period, unless otherwise expressly agreed upon by ALOBEES.

7.3 Termination for cause

ALOBEES reserves the right to suspend or terminate, as of right and without compensation to the Client, the access of the Client and/or the relevant Users to the Solution, particularly in the following cases:

• failure by the Client or any of its Users to comply with any of the provisions of these Terms of Service, including the rules for using the Solution, the Additional Services, or obligations relating to User accounts;
• non-payment, late payment, or payment incident regarding any sum due under the Subscription;
• attempted fraud, fraudulent use of the Solution, bypassing of
  security measures, unauthorized access, or any behavior that jeopardizes the integrity, availability, or security of the Solution or hosted data, including that of other Clients.

Except in cases of proven fraud or security breaches requiring urgent action, in which case suspension or termination may be immediate and without notice, ALOBEES will notify the Client in advance via email at the address associated with their account regarding the observed breach before proceeding with the suspension or termination.

Termination by ALOBEES under this article does not in any way exempt the Client from paying the sums due to ALOBEES, both for the period prior to termination and, where applicable, any sum contractually due until the end of the current contractual period. Any sums already paid by the Client shall remain the property of ALOBEES.

This termination is without prejudice to any damages that ALOBEES may be entitled to claim as compensation for the harm resulting from the Client's breach.

7.4 Consequences of termination

In the event of termination, regardless of the cause, all Client data may be deleted by ALOBEES after a reasonable period following the effective date of termination, unless otherwise expressly agreed upon by the parties or required by legal retention obligations applicable to ALOBEES.

It is the Client's responsibility to export any data they wish to retain before their Subscription ends, using the technical methods provided by ALOBEES. ALOBEES cannot be held liable for the loss of data not exported by the Client before their Subscription expires.

Article 8 — Intellectual Property

ALOBEES warrants to the Client that it holds all intellectual property rights related to the Solution and, consequently, has the full authority to grant the Client a right of access and use.

The granting of access and usage rights does not constitute a transfer of ownership rights to the Client regarding the Solution or any of its components, regardless of their form, medium, or language. These elements remain the exclusive property of ALOBEES.

The Client agrees not to infringe, directly or through a third party, upon the intellectual property rights of ALOBEES.

All data provided, entered, or generated by the Client and its Users in the course of using the Solution remains the exclusive property of the Client. ALOBEES acquires no ownership rights over this data.

Article 9 — Personal Data

In the context of these terms, ALOBEES may process personal data concerning the Client, its Users, and, where applicable, third parties whose data is provided (hereinafter the "Data").

ALOBEES processes this Data in accordance with the provisions set forth in the Data Protection Agreement, available here.

Article 10 — General Provisions

10.1 Assignment

The Client is expressly prohibited from assigning or transferring to any third party, including any company within its group, even free of charge, all or part of the rights and/or obligations derived from these Terms of Service and its Subscription.

ALOBEES may, for its part, assign or transfer all or part of its rights and obligations under these terms, particularly in the event of a merger, sale, partial asset transfer, or business restructuring. Such an assignment shall not result in a reduction of the rights enjoyed by the Client under these Terms of Service.

10.2 Partial Invalidity

If any provision of these Terms of Service is held to be invalid or unenforceable under applicable law or a final court decision, it shall be deemed deleted, without affecting the validity of the remaining provisions.

The Parties shall, if necessary, endeavor to replace the provision deemed deleted with a valid provision that most closely reflects the spirit and economic effects of the original.

10.3 Force Majeure

In the event of a force majeure occurrence as defined by Article 1218 of the Civil Code, ALOBEES shall not be held liable for the Client's inability to access the Solution.

A force majeure event initially suspends the performance of the obligations of the Parties affected by the event. The Parties shall consult within one (1) month of the event's occurrence to determine how to proceed with their contractual relationship.

Failing an agreement between the Parties at the end of this period, the most diligent Party may terminate these terms as of right, without compensation to the other Party, and without restitution of sums already paid by the Client to ALOBEES.

10.4 Waiver

The failure of either Party to enforce any provision of these Terms of Service at any time shall not be construed as a waiver of its right to enforce such provision or any other obligation in the future.

Article 11 — Governing Law and Disputes

These Terms of Service are governed by French law.

For business Clients:

Any disputes relating to the interpretation, performance, or termination of these Terms of Service shall, in the absence of an amicable agreement, be submitted to the Paris Commercial Court, to which the Parties expressly grant exclusive jurisdiction, including in cases of summary proceedings, third-party claims, or multiple defendants.

In the event that the Client opposes a payment order, exclusive jurisdiction is also granted to the Paris Commercial Court.

For non-professional Clients:

In accordance with Article L. 612-1 of the French Consumer Code, any non-professional Client has the right to use a consumer mediator free of charge to resolve any dispute with ALOBEES amicably.

The Client must first submit their complaint to ALOBEES by email at: contact@alobees.com.

Furthermore, in accordance with the provisions of Article R.631-3 of the French Consumer Code, in the event of a dispute, the non-professional Client may bring the matter before either one of the courts with territorial jurisdiction under the Code of Civil Procedure or the court of the place where they resided at the time the contract was concluded.

Article 12 — Right of Withdrawal

Under Articles L 221-5 and L 221-9 of the French Consumer Code, non-professional Clients have a fourteen (14) day right of withdrawal from the date of subscribing to a paid Subscription by sending this form no later than the fourteenth day following the subscription.