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Mobile Apps Terms and Conditions

Effective date: 20-03-2025

Applicable to CLS Group mobile applications

 

1. Legal notices

This mobile application is published by CLS, a simplified joint stock company with share capital of €2,433,618, whose registered office is located at 11 rue Hermès, Parc Technologique du Canal, 31520 Ramonville-Saint-Agne, France, registered under number 338 034 390 RCS TOULOUSE, which can be contacted by telephone on (33)05.61.39.47.00, and by fax on (33).05.61.75.10.14 (hereinafter “CLS”).

The publication director is Stéphanie LIMOUZIN, C.E.O. of CLS.

 

2. Preamble

The CLS Group’s Application Platform (hereinafter “the Platform”) is a mobile application owned by CLS and its subsidiaries (hereinafter “the CLS Group”) that enables anyone browsing it (hereinafter the “USER”) to access various services relying on a set of computer components and services, servers, databases, and software used to display and exploit data or other information (hereinafter the “Services”).

The USER understands that access to the various Services through the Platform is governed by this agreement (hereinafter the “T&Cs”), while actual use of the Services is governed by a service agreement specific to each Service.

The purpose of this document is to specify the conditions of use of the Platform as part of the Services that the USER undertakes to respect and to ensure respect for the internal user agents acting under its responsibility (or “Internal Users”).

These T&Cs apply only when the USER accesses or uses the Platform.

When accessing the Platform for the first time, the USER expressly accepts the T&Cs before continuing to use it.

The CLS Group reserves the right to unilaterally modify the content of the T&Cs at any time. It may do so for a number of reasons, including, without limitation, because the nature of the Services is modified, or for technical, legal or commercial purposes.

The updated T&Cs will be available on the Platform.

The USER agrees that by accessing and/or using the Platform, he/she accepts the latest version of these T&Cs as well as the privacy policy.

 

3. Conditions of Service

3.1 Access to the Services

The Services are hosted by the CLS Group or a third party.

The USER accesses the Platform via a remote connection configured by the CLS Group, with the USER’s devices constituting only the terminals on which the data and service functionalities are displayed.

The USER may connect to the Platform at any time – with the exception of maintenance periods – i.e.: 24 hours a day, 7 days a week, including Sundays and public holidays.

Access to the Platform requires the prior allocation of a login and password. This identification information is strictly personal and confidential and must not be divulged or shared with third parties.

Under no circumstances will the CLS Group be liable for the loss of identification information by the USER, who is solely responsible for this information, whether it is used by the USER and/or by third parties, nor for any actions or statements made using these identifiers, whether fraudulent or not.

Furthermore, the CLS Group does not have the means to verify the identity of persons accessing the Services/Platform and therefore cannot be held liable in this respect. If the USER has reason to believe that someone is using his/her identification data without having received the required authorisation, he/she must immediately inform the CLS Group so that appropriate measures can be taken. The CLS Group may charge for the renewal of identification data.

 

3.2 Suspension of the Platform

Without incurring any liability, at any time, the CLS Group and/or its partners reserve the right to suspend access to and the use of the Platform for a limited period of time for any maintenance, modification and/or technical failure of all or part of the software or hardware infrastructure and in particular to preserve the security and integrity of this infrastructure.

Maintenance may refer to the work required to correct malfunctions on the Platform, as well as the optional work enabling the Platform to develop through updates and new versions.

The CLS Group shall give the USER prior notice of such suspension where reasonably practicable on the Platform’s home page.

 

3.3 Intellectual property

The Platform is a commercial-off-the-shelf solution owned by the CLS Group.

Therefore, pre-existing intellectual property rights to the Platform and intellectual property rights which are developed within the framework of the Platform (such as software, interfaces, dashboards, databases etc..), to which access is given to the USER to provide the Services, belong to the CLS Group, its licensors and/or its suppliers. This provision concerns all adaptations/modifications/developments relating to the Platform.

The CLS Group shall not transfer any source codes to the USER in relation to such Platform.

Certain images/data used in the Platform belong to third party providers. The CLS Group has no proprietary rights on these data and no control over them.

These may be, for example, open-source databases whose content may be consulted, downloaded, modified, distributed and reused free of charge. The CLS Group has only extracted and processed these data to make them available to the USER. They may be used by the USER only for internal and non-commercial purposes.

The USER may be required to sign a separate end-user licence agreement in relation to the use of such images/data.

USER shall not remove any proprietary notices, trademarks or other CLS Group or any third-party supplier notices contained on or in the Services/Platform and shall at all times reproduce all such notices on all copies which it is authorized to make under the T&Cs.

 

3.4 Licence

3.4.1 Right of use:

Unless otherwise agreed in writing between the CLS Group and the USER, the CLS Group grants the USER:

  • A right to use the Platform as part of the Services and only for the duration of the Services;
  • Subject to the rights of the third party owners of data, as specified in article 3.3, a limited, revocable, worldwide, non-exclusive, non-transferable and non-sublicensable license to use the Platform and the intellectual property rights relating thereto and strictly necessary for the provision of the Services, and solely for its own needs (internal use and by Internal Users, to the exclusion of any provision to third parties) and for the purposes of viewing its content only.

The USER shall be fully liable for any loss suffered by the CLS Group as a result of a breach by the USER itself and/or Internal Users of any of the provisions of this T&CS.

3.4.2 Expressly prohibited uses:

Except with the CLS Group’s written authorization, the USER is not authorized to:

  • Copy all or part of the Platform, print, publish, transfer, reproduce, modify, arrange or correct all or part of the elements of the Platform, including its content; or export and/or incorporate all or part of it into other computer programs;
  • Extract/download any part of data contained in the CLS Group databases/Platform, even if it is not substantial;
  • Allow third parties access to the Platform;
  • Sell, rent, sub-license, market, give access to the Platform or make available the Platform in any way whatsoever to third parties, even legal entities with which it has a capital link, or one or more of its components/content;
  • Use the Platform and/or its components/content to provide any individual, company or entity with data collection and processing services or any other service similar to the Services in any way whatsoever;
  • Compile, decompile, disassemble, translate, reverse engineer or attempt to reverse engineer the software that forms part of the Services and the Platform, or one or more of its components/content.

If the CLS Group becomes aware that the USER has breached the provisions of this license, the CLS Group may suspend or revoke the access to the Platform until the violation has been resolved. In such event the CLS Group shall not be obligated to indemnify the USER or assume any other liability to the USER.

 

3.5 General obligations of the USER

The USER recognises:

  • That he/she is aware of the type of network used and, in particular, its technical performance and response times for consulting, querying or transferring data and information;
  • That the data circulating on the networks is not necessarily protected, particularly against possible misuse;
  • That if he/she communicates his/her connection data, or any information deemed confidential, to a third party, he/her does so at his/she own risk;
  • That it is his/her responsibility to take all appropriate measures to protect his/her data and/or software from contamination by viruses;
  • That the data to which he/she has access may be subject to regulations on use or protected by copyright;
  • That the CLS Group has no means of verifying the accuracy of data provided by third parties on which the CLS Group has no proprietary rights and that the CLS Group cannot be held liable for any prejudice whatsoever that may be caused by inaccurate data;
  • In general, the USER is solely responsible for all data and information sent and received by using the CLS Group Services;
  • That the CLS Group and its partners may establish and determine the duration or volume of authorised communications, or the maximum volume of data storage, depending on the Service concerned.

The USER shall not:

  • Attempt to divert the Service and the Platform from its intended purpose, manipulate the content and, more generally, the information and data provided by the Platform in any way whatsoever, or conceal the source and origin of information received or sent by the Platform;
  • Obtain or attempt to obtain unauthorised access to the CLS Group network or related systems;
  • Use the Platform in connection with illegal activities (terrorism, crime, etc.) and/or dual-use military applications designed for military items, including any related IT services;
  • Download, post or transmit any content containing computer viruses or any code, file or program designed to interrupt, destroy or limit the functions of the Platform, a computer or a telecommunications tool, without this list being exhaustive;
  • Carry out any action likely to have a disruptive effect and/or hinder the real-time communication capabilities of the CLS Group and/or its partners, in particular those of communication network operators;
  • Interfere with or disrupt the Platform, servers or networks connected to the Platform, or refuse to comply with applicable requirements, procedures, general rules and/or legal and regulatory provisions;
  • Transmit or store data, content or information obtained in violation of the rights of third parties or which is altered, misleading, illegal or fraudulent and, more generally, contrary to the law applicable in the USER’s geographical area;
  • Permit any other party, whether or not it is an authorized user of the Platform, to download, extract, transmit to any other system and/or software by electronic or manual means, copy or reproduce all or any part of the Platform and the data other than in accordance with the license granted hereunder.

 

4. Liability

Except as represented in these T&Cs, all components of the Platform published by the CLS Group are provided on an “as is” basis. The CLS Group and its partners cannot under any circumstances guarantee the continuity of the Services or the timely provision of data, or the accuracy or suitability of the data for any purpose whatsoever. The CLS Group is only bound by an obligation of means concerning these objectives. As such, the USER undertakes not to bring any claim or legal proceedings on these grounds against the CLS Group or any satellite or data transmission network operator (including their affiliates or agents and representatives).

In no event shall the CLS Group be liable for any indirect, incidental, special or exemplary damages, including losses resulting from business interruption, loss of profits, revenues, customers or data, or damage to reputation, goodwill or image, failure to achieve expected savings, improved productivity or competitive advantage, the cost of substitute products, facilities or services, interruption of the USER’s business, or any proceedings/claims brought by a third party against the USER.

The CLS Group shall not be liable, and the USER shall not be entitled to any compensation in the event of:

  • the occurrence of an event of force majeure,
  • interruption(s) of the Services and the Platform due to failures/malfunctions of the satellite systems, satellite or telecommunications service providers or data providers,
  • failure of communication equipment used by the USER where such equipment has not been supplied by the CLS Group,
  • failure or unavailability of communication tools or network performance or electrical installations or any other equipment or data processing system installed/used,
  • the alteration of information or data during transmission,
  • the fraudulent use of data or the Platform,
  • the use of the Platform to ensure the safety of property or persons,
  • damage caused by any action or lack of action by the USER or its employees, suppliers, representatives or third parties,
  • any damage caused by a misinterpretation of any data, report or result of the Services and Platform by the USER or any third party or any future event or damage directly or indirectly related to the interpretation of this information.

 

5. Personal data

As part of the performance of the Services, USER’s personal data may be processed by the CLS Group. Therefore, EC Regulation 679/2016 (General Data Protection Regulation – “GDPR”) of 27 April 2016 and the French Data Protection Act (no. 78-17) shall apply to each processing made by the CLS Group for the USER.

The USER’s personal data will be processed in accordance with the Platform’s Personal Data Protection Policy freely available on the Platform.

 

6. Governing law and settlement of disputes

These T&Cs are governed by French Law.

In the event of a dispute, the Parties agree to negotiate in good faith in order to reach an amicable settlement.

If resolution cannot be reached amicably between the Parties after 30 days of discussion, the dispute shall be submitted to the courts within the jurisdiction of the Court of Appeals of Toulouse.