Terms of Service

# TERMS OF SERVICE — LOCAFLOTTE These Terms of Service, hereinafter the "Terms", govern access to, registration for and use of the online software **LocaFlotte**, hereinafter the "Service", including in particular the web administration area, the management interfaces, the billing modules, the document modules, the planning features, the operational alerts, as well as the mobile application intended for the agents of vehicle rental agencies. Use of the Service implies unreserved acceptance of these Terms by the client agency, hereinafter the "Agency", as well as by any user authorised by it. ## 1. Purpose of the Service LocaFlotte is SaaS management software intended for car rental professionals. The Service allows in particular: * the management of reservations; * the management of the vehicle fleet; * the administrative monitoring of vehicles; * the monitoring of customers and drivers; * the generation of contracts, invoices, condition reports and operational documents; * the management of maintenance, insurance, technical inspection or administrative-deadline alerts; * the consultation and use of certain features via a mobile application; * assistance with the analysis of certain customer documents when this feature is enabled. LocaFlotte is a management-support tool. It does not replace the legal, tax, accounting, administrative or professional obligations incumbent on the Agency. ## 2. Publisher identification The Service is developed and operated by the company **LocaDigital**, registered at the following address: **OASIS OFFICES LATITUDES, Route de l'Oasis, Bureau 304, Maarif, Casablanca, Morocco.** Legal information: * Legal form: limited liability company (SARL) * Trade register: 737087 * ICE: 003988547000086 * Legal representative: EL AASSRI Youssef For any request, complaint or notification, the Agency may contact LocaDigital at the following address: [[email protected]] ## 3. Access reserved for professionals The Service is reserved exclusively for vehicle rental professionals, companies, agencies, operators or structures legally authorised to carry out their activity in their country of operation. By creating an account, the Agency declares that it uses LocaFlotte exclusively within the framework of its professional activity. These Terms are not intended to govern a relationship with an individual consumer. ## 4. Creation of the Agency account The creation of an account requires the registration of a professional profile and the designation of a primary administrator. The Agency warrants the accuracy, sincerity and up-to-date nature of the information provided upon registration, in particular its identity, contact details, activity, tax information and, where applicable, the supporting documents submitted. LocaDigital may request additional information, suspend the activation of an account or refuse access to the Service where the information provided is incomplete, manifestly inaccurate, inconsistent or incompatible with the purpose of the Service. ## 5. Administrator, users and access rights The administrator of the Agency account is responsible for: * the creation of internal user accounts; * the assignment of roles and permissions; * the removal or deactivation of access for departing staff; * the confidentiality of credentials; * the actions carried out from the user accounts attached to the Agency. Any action carried out from a user account attached to the Agency is presumed to have been performed under the responsibility of the Agency, unless proven otherwise. The Agency undertakes to inform LocaDigital immediately in the event of suspected fraudulent access, loss of a credential, password compromise or unauthorised use of the Service. ## 6. Free trial, demo account and activation LocaDigital may offer a demonstration account or a free trial period. The duration, functional limits and activation conditions of the trial are indicated on the platform or upon registration. Upon expiry of the trial period, access to the Service may be limited, suspended or removed if the Agency does not subscribe to a paid plan. Data created in a demonstration account may be deleted upon expiry of the trial period, unless a paid subscription is activated before the expiry of the indicated period. ## 7. Subscriptions Continued access to the Service is subject to a monthly or annual subscription. The available plans, their prices, their usage limits and the included modules are presented on the LocaFlotte pricing page or in a specific commercial proposal. The limits may relate in particular to: * the number of vehicles; * the number of users; * the volume of documents; * the enabled modules; * the advanced features; * the included support services. LocaDigital reserves the right to change its plans. Price changes applicable to an Agency already subscribed take effect at the next renewal period, unless otherwise agreed or required by law. ## 8. Billing and payment terms Subscriptions are billed in advance, according to the periodicity chosen by the Agency: monthly or annual. Payment may be made by the means accepted by LocaFlotte, in particular online payment, bank transfer or any other means indicated on the platform. Prices may be displayed exclusive of tax or inclusive of all taxes depending on the page concerned, the nature of the plan and the applicable regulations. Any applicable taxes, bank fees or exchange fees remain the responsibility of the Agency. In the case of payment by bank transfer, activation or renewal may be conditional upon the effective receipt of the funds or the manual validation of the payment by LocaDigital. ## 9. Late or non-payment In the event of late payment, failed debit, bank rejection, insufficient funds or an unpaid invoice, LocaDigital may notify the Agency and grant it a period to regularise the situation. Failing regularisation within fifteen days of the notification, LocaDigital may suspend all or part of access to the Service until full payment of the sums due. Suspension for non-payment does not release the Agency from its obligation to pay the amounts due. ## 10. Plan change The Agency may request a plan change in accordance with the terms available on the platform. In the case of an upgrade to a higher plan, the change may take effect immediately or on an agreed date, with possible additional billing. In the case of a downgrade to a lower plan, the change may take effect at the next billing date, unless otherwise agreed. Certain functional limits may apply after a plan change, in particular where the number of vehicles, users or documents exceeds the limits of the new plan. ## 11. Termination The Agency may terminate its subscription from its client area, by written request or in accordance with any other method indicated by LocaDigital. Unless otherwise agreed, termination takes effect at the end of the current subscription period. Any period that has started remains due and is non-refundable. LocaDigital may terminate or suspend access to the Service in the event of a serious breach of these Terms, fraudulent use, harm to the security of the platform, an attempt at unauthorised access, persistent non-payment or use contrary to the law. ## 12. Responsibilities of the Agency The Agency is solely responsible for: * the data entered into the Service; * the accuracy of the information relating to its customers, drivers, vehicles, contracts, invoices and documents; * the compliance of its rental contracts; * its tax, accounting and administrative obligations; * the verification of the documents submitted by its customers; * the operational use of the documents generated by LocaFlotte; * compliance with the legislation applicable to its activity. LocaFlotte does not provide legal, tax, accounting or regulatory advice. The document templates provided are operational tools that must be verified and adapted by the Agency according to its country, its activity and its own obligations. ## 13. Documents generated by the Service The Service may allow the generation of rental contracts, invoices, condition reports, receipts, PDF documents, notifications or other operational documents. The Agency acknowledges that these documents are generated from the information it enters or validates. It is the Agency's responsibility to verify the content of each document before signature, sending, printing, delivery to the customer or commercial use. LocaDigital cannot be held liable for an error resulting from inaccurate, incomplete or incorrectly entered information by the Agency or its users. ## 14. Signature within the application Where the Service allows the collection of a handwritten on-screen signature, a graphic signature or an electronic validation, this feature is intended to formalise the operational agreement of the parties within the framework of the rental activity. LocaDigital does not warrant that this signature constitutes, in all countries and for all uses, a qualified electronic signature or a process equivalent to a certified signature. The Agency must verify, under its own responsibility, whether the signature method offered by the Service is sufficient with regard to the legislation applicable to its contracts and documents. ## 15. Document analysis and OCR The Service may offer features for the automatic analysis or extraction of information from documents such as identity cards, passports, driving licences or similar documents. These features may be performed by local processing or by third-party technical providers when this option is enabled. Document analysis is an aid to data entry and verification. It does not constitute an official certification, an administrative authentication, a state validation or a guarantee of the authenticity of the document. The Agency remains solely responsible for the final verification of the documents of its customers and drivers, as well as for the decision to accept or refuse a rental. ## 16. Data entered by the Agency The data entered by the Agency into LocaFlotte remains the property of the Agency. This data may include in particular: * data relating to customers and drivers; * supporting documents; * driving licences; * identity documents; * contact details; * reservations; * contracts; * invoices; * condition reports; * vehicle photos; * activity history; * information relating to the vehicle fleet. LocaDigital uses this data only to provide, maintain, secure, improve and support the Service, unless otherwise instructed or required by law. ## 17. Personal data and the role of the parties In the context of the use of the Service, the Agency determines the purposes and the main means of processing the personal data of its customers, drivers, staff and partners. In this respect, the Agency acts as the data controller for the data it enters, imports or has processed in LocaFlotte. LocaDigital acts as a technical processor when it hosts, retains, secures, backs up, displays, extracts, transmits or processes the data on behalf of the Agency within the framework of the Service. The Agency is responsible for informing the data subjects, for the legal basis of its processing, for managing the rights of access, rectification, objection or deletion, and for compliance with the obligations applicable in its country of activity. LocaDigital undertakes to process personal data only within the framework of the Service, in accordance with the Agency's instructions, subject to applicable legal obligations. ## 18. Security and confidentiality LocaDigital implements technical and organisational measures intended to protect the data against unauthorised access, loss, alteration, accidental or unlawful destruction, unauthorised disclosure or misuse. These measures may include in particular: * logical separation of data by Agency; * access control; * authentication; * logging of actions; * backups; * technical monitoring; * internal access restrictions; * application and infrastructure security measures. The Agency acknowledges that no computer system can guarantee absolute security. LocaDigital nevertheless undertakes to maintain a reasonable level of security appropriate to the nature of the Service. ## 19. Hosting, backups and technical providers The Service data may be hosted on cloud infrastructure, dedicated servers, storage services, email services, payment services, document-analysis services or other technical providers necessary for the operation of the Service. LocaDigital ensures that it selects providers offering reasonable guarantees of security, availability and confidentiality. Certain processing or storage operations may involve a technical transfer of data outside the Agency's country of operation. Where applicable, such transfers must be carried out in compliance with the rules relating to the protection of personal data. ## 20. Export, retention and deletion of data During the term of the subscription, the Agency may access its data according to the features available in the Service. After termination or expiry of the subscription, the Agency may request the export of its data within thirty days, except in the event of technical impossibility, a contrary legal obligation or a deletion already carried out in accordance with these Terms. Upon expiry of this period, LocaDigital may delete or anonymise the data of the terminated account, subject to legal, accounting, tax, evidentiary or security obligations. Technical backups may retain certain data for a limited period before automatic overwriting in accordance with internal backup procedures. ## 21. Availability of the Service LocaDigital endeavours to keep the Service continuously accessible. Interruptions may nevertheless occur for maintenance, updates, correction of anomalies, security, technical incidents, the failure of a provider, force majeure or an operation necessary for the proper functioning of the Service. LocaDigital does not warrant absolute and permanent availability of the Service, except for a specific commitment concluded in writing with the Agency. ## 22. Maintenance and updates LocaDigital may evolve the Service in order to improve its performance, security, usability, features or compliance. Updates may be applied automatically, without intervention by the Agency. Certain features may be modified, replaced or removed where this is necessary for technical, commercial, regulatory or security reasons. ## 23. Assistance and support Subscribed users may benefit from technical assistance according to the plan subscribed. Support may be provided by email, telephone, messaging or any other channel indicated by LocaDigital. Support relates to software anomalies and the use of the Service. It does not cover legal, tax, accounting, administrative or regulatory advisory services. ## 24. Prohibited uses The Agency shall refrain from: * using the Service for illegal or fraudulent purposes or purposes contrary to public order; * attempting to access the data of another agency; * circumventing the security mechanisms; * copying, reselling, renting, decompiling or reproducing the Service without authorisation; * using the Service to store unlawful or malicious content or content unrelated to its activity; * disrupting the operation of the platform; * using unauthorised robots, scripts or automated tools. LocaDigital may immediately suspend any account that presents a risk to the security, stability or integrity of the Service. ## 25. Intellectual property The Service, its interfaces, its source code, its technical foundations, its modules, its trademarks, its logos, its texts, its graphics, its algorithms, its structure and its software elements are protected by the applicable rules on intellectual property. LocaDigital remains the exclusive owner of the Service and of all the elements that compose it, except for elements belonging to third parties or content belonging to the Agency. These Terms grant the Agency only a personal, non-exclusive, non-transferable and limited right to use the Service for the duration of its subscription. ## 26. Limitation of liability To the extent permitted by applicable law, LocaDigital cannot be held liable for indirect damages, operating losses, loss of turnover, loss of customers, loss of data attributable to the Agency, disputes between the Agency and its customers, data-entry errors, misuse of the Service or operational decisions taken by the Agency. LocaDigital's liability may only be incurred in the event of proven fault directly attributable to it. Except in the event of gross negligence, intentional fault or a contrary legal obligation, LocaDigital's total liability is limited to the amount actually paid by the Agency for the Service during the twelve months preceding the event giving rise to the damage. ## 27. Force majeure LocaDigital cannot be held liable for a delay, interruption or non-performance resulting from an event reasonably beyond its control, in particular a major infrastructure failure, a cyberattack, a natural disaster, war, social unrest, a network outage, a power cut, an administrative decision, the unavailability of an essential provider or an event of force majeure recognised by applicable law. ## 28. Modification of the Terms LocaDigital may modify these Terms in order to take account of changes to the Service, the plans, the regulations, security or its organisation. The updated Terms are published on the platform or communicated to the Agency by any appropriate means. Continued use of the Service after the entry into force of the new Terms constitutes acceptance of the changes. In the event of a substantial change, LocaDigital may inform the Agency within a reasonable period before the entry into force, except in the case of urgency relating to security, compliance or a legal obligation. ## 29. Applicable law These Terms are governed by Moroccan law, except for any mandatory contrary provision applicable to the Agency by reason of its country of establishment or operation. ## 30. Competent jurisdiction In the event of a dispute relating to the validity, interpretation, performance or termination of these Terms, the parties shall first endeavour to seek an amicable solution. Failing an amicable resolution within a reasonable period, the dispute shall be submitted to the courts having material jurisdiction in Casablanca, Morocco, except for any mandatory contrary legal provision. ## 31. Additional contractual documents These Terms may be supplemented by: * General Terms and Conditions of Sale; * a privacy policy; * a personal-data processing agreement; * a commercial proposal; * an invoice; * a purchase order; * a service-level annex; * technical or functional documentation. In the event of a contradiction, the specific documents signed between the parties prevail over these Terms for the elements that they expressly modify.