Term of Service for MajorMap (« ToS MajorMap »)

The use of the MajorMap service provided by company Lorienne SAS is governed by the detailed Terms of Service ('ToS') below.

Note that this is an English translation of the French “Conditions Générales d’Utilisation” and that this translation is only provided for commodity and does not endorse any legal value as only the French version is legally binding.

ANY ACCESS AND/OR USE OF THE SERVICES IMPLIES THE USER'S UNCONDITIONAL ACCEPTANCE OF THESE GENERAL TERMS OF USE.

The MajorMap service, the programs executed, and the applications generated by the service are the exclusive property of Lorienne SAS, a company with a share capital of 60,000 euros, registered with the “Registre du Commerce et des Sociétés“ under number RCS B 382 310 225, and headquartered at 14 rue de la Beaune, 91300 Montreuil, France.

Lorienne shall hereinafter be referred to as the 'MajorMap Service Provider’.


Definitions

MajorMap Service (or Services):

Data and computer programs operating on servers administered by the MajorMap Service Provider, intended to allow the entry, presentation, and storage of information communicated by the user of the MajorMap Service necessary for the design and generation of MajorMap Cartographic Products.

MajorMap Cartographic Products:

All cartographic products created using MajorMap Services ready for distribution, such as, but not limited to, Customized Maps and Mobile Applications.

Customized Maps:

Excerpts of enhanced maps created using the MajorMap Services, intended for display in the form of image files on a website, as paper reproductions, PDFs, eBooks, etc. (e.g. isolated maps, whether enriched or not, or images included in a more comprehensive work), or for any other means of digital or material distribution.

Applications:

Programmatic interactive components allowing end users (who are not users of the Services themselves) to consult maps enriched with information possibly viewable separately, those components created by the MajorMap Services intended for distribution from mobile device application platforms (or stores) or on the Web. These Applications are intended to operate exclusively on Apple iOS and Android Google Play platforms or as components of websites.

MajorMap Service User:

Registered legal entity (company, administration, association) enrolled to MajorMap Service for the purpose of designing MajorMap Cartographic Products.


Preamble

Every user of the MajorMap services acknowledges having read these TOS and accepting them. Registering as a user signifies an unconditional acceptance of these TOS.

In the event of a disagreement with all or part of the TOS, the user must immediately refrain from using the MajorMap services and potentially request the deletion of their account within the Service.

The MajorMap Service Provider reserves its rights to modify the terms of the TOS at any time and without prior notice. The modifications become effective immediately after the publication of the new conditions and notification of these changes through any means to existing users. Only users holding an active paid Services contract will be able to object to any new provisions if they contradict those of their current personal contract.

Should any provision of these TOS be declared void, it shall be deemed unwritten, but this shall not affect the validity of the other clauses, which shall remain fully applicable.

Conversely, if a condition is found to be lacking in these TOS, it shall be considered as governed by the practices prevailing in the field of information technology services for businesses in accordance with French law.


Access to Services

After identification and registration following the usual procedures for internet services, the user of the MajorMap services is prompted to provide their profile information as follows:

The Services are accessible to any registered User with internet access and meeting the characteristics of the MajorMap Service User as defined above. THE SERVICE IS INTENDED FOR REGISTERED PROFESSIONALS AND IS NOT SUITABLE FOR INDIVIDUALS WHO ARE NOT PART OF THE ACCEPTED CLIENTS.

All costs related to accessing the Services, including hardware, software, or internet access fees, are solely the user's responsibility. The user is solely responsible for ensuring acceptable functioning of their internet access.

The MajorMap Service Provider reserves its rights to unilaterally refuse access to the Services, without prior notification, to any User who does not comply with these terms of use.

The MajorMap Service Provider uses all reasonable means at its disposal to ensure quality access to the Services, without assuming any service obligation.

Furthermore, the MajorMap Service Provider cannot be held responsible for any network or server malfunction or any other event beyond its reasonable control that would prevent or degrade access to the Services.

The MajorMap Service Provider reserves its rights to interrupt, temporarily suspend, or modify access to all or part of the Services without prior notice for maintenance or any other reason, without the interruption entitling the user to any obligation or compensation.


Service Levels

By default, the MajorMap Service User has limited access, allowing them, for testing purposes, to define, provide information for a limited number of projects. Based on their needs and the type of projects created, and under certain conditions (particularly having completed their profile), they can either create low-resolution exports of their Customized Maps or preview their Mobile Applications. In this mode, watermarks are added to the maps.

Whether in the case of Customized Maps projects to access final exports (in desired formats and resolutions without watermarks) or in the case of Application projects to access publication on official mobile app stores, the User must subscribe to a separate service contract either in the form of token purchases (for Customized Maps exports or Application publications) and a subscription for a specified duration. This service contract will also allow for increased storage volumes and/or frequency and/or volumes of exports and/or publications.

In the event that a contract is not established, user access may be terminated after notice, particularly due to account inactivity or abuse of server resources. The data uploaded and projects created by the MajorMap Service User will then be permanently lost.


Limitation of Liability

1 – Use

The User acknowledges having read and accepted the conditions of these TOS, as well as having the necessary information to understand the services offered by the MajorMap Services and the corresponding skills.

The User is solely responsible for the proper use, with discernment and judgment, of the information and tools made available on the MajorMap Service.

The User agrees to use the Services only for the purposes for which they are offered. In particular, the User agrees not to use the Services for the storage and/or distribution of data to third parties.

2 – Provided Data

The MajorMap services and applications provide certain geographical information from reputedly reliable sources. However, the MajorMap Service Provider cannot guarantee the accuracy or relevance of this data. More generally, the information made available in the Service and Applications is provided purely for informational purposes and cannot constitute any commitment of any kind.

Furthermore, the User acknowledges that the information and/or data available in the application may be modified at any time.

3 – User Content

The User is solely responsible for the User Content they upload or create, as well as any texts and/or opinions they include in the MajorMap Services and its derived products.

The User specifically undertakes that this Content will not infringe upon the legitimate interests of any third parties. In this regard, the User will indemnify the MajorMap Service Provider against any claims, directly or indirectly based on any action taken against the MajorMap Service Provider by any party. The User agrees to cover the payment of any sums resulting from a third party's claim against the MajorMap Service Provider, including potential lawyer fees and legal costs.

Regarding this Content, the User acknowledges that the MajorMap Service Provider acts as a host within the meaning of the law of June 21, 2004, for trust in the digital economy ('LCEN').

Anyone aware of illicit content directly on the MajorMap Service website or in products created from it can report it to the MajorMap Service Provider. To do so, they must contact the Provider using the methods outlined in the 'Contacts' paragraph below, formally identifying themselves and explaining the means of accessing the illicit content.

More generally, the MajorMap Service Provider reserves the right to delete all or part of the User Content at any time and for any reason, without prior warning or justification. The User cannot make any claims in this regard.

Furthermore, the MajorMap Service Provider cannot be held responsible for disputes between users of the Services and users of its derived products.

4 – Access

The MajorMap Service Provider reserves the right to interrupt a User's access to the Services if their behavior is deemed to be in violation of these conditions, without the User being able to claim any rights, including recovery rights, over the data stored in the Service.

The MajorMap Service Provider reserves the right to access, read, retain, or disclose any information considered necessary to comply with any law, regulation, legal process, or government request to enforce these conditions, including investigating potential violations of these conditions, detecting, preventing, or reporting fraud, security or technical issues, responding to user support requests, or protecting the rights, property, or safety of the MajorMap Service Provider, its users, and the public.


Personal Data and Confidentiality

The User acknowledges that, for system-related reasons, access to the MajorMap Service requires registration and identification (via an email address). A token is then assigned to the User and stored on their computer through cookies. This allows access to their personal data and the functionalities of the Service.

The User may be required to provide additional information, especially when completing their Company profile.

Data is collected in accordance with the General Data Protection Regulation (GDPR) for the legitimate interest of enabling and monitoring the use of the MajorMap Service, as well as for product and associated service improvement, and system optimization purposes. The User acknowledges that they may receive communications, including by email, regarding the Service or related services provided by the Service Provider. The User will have the option to unsubscribe from these communications at any time, except for communications necessary for the management of their account, which will continue until the account is terminated.

Each User has the right to access, rectify, and delete their personal information, and can object to its processing and commercial use. Simply contact the MajorMap Service Provider using the methods outlined in the 'Contacts' paragraph below.

The MajorMap Service Provider undertakes not to disclose any non-public information of which it may have become aware in the context of hosting the User's data. Furthermore, all stored or collected data will be destroyed as soon as possible after the deletion of an account for any reason whatsoever.


Copyright and Intellectual Property

The entire content of the MajorMap Service as well as the generated MajorMap Cartographic Products fall under French legislation regarding copyright and intellectual property. Any representation and/or reproduction and/or partial or total exploitation of the contents and services offered by MajorMap and its Applications, by any means, without the prior written authorization of the MajorMap Service Provider, is strictly prohibited and may constitute infringement under Articles L 335-2 and following of the Intellectual Property Code.

The texts and media uploaded and/or imported into the MajorMap Service and integrated into the MajorMap Cartographic Products by Users remain the property of their authors.

Moreover, any user with a website, whether personal or professional, must obtain prior agreement from the MajorMap Provider to place links redirecting to the Services or Applications.

MajorMap uses open data from various sources, particularly OpenStreetMap for base maps and dataTourisme for the automatic creation of Points of Interest. The User acknowledges that they will be required to comply with the terms of use of these data according to the conditions available from the original services. This generally involves simply displaying copyrights or original source mentions. MajorMap will typically take care of including this information automatically whenever possible or desirable. However, the MajorMap Service Provider cannot be held responsible for these limitations or their evolution over time. Conversely, the User undertakes to accept any consequences in case of non-compliance with these conditions due to their actions, such as deleting added mentions or attempting to obscure them.

The formatting of the resulting cartographic data and in particular the corresponding image files remain the property of the MajorMap Service Provider. In particular, the images generated either in the form of Custom Maps or mosaics used by the Applications cannot be used outside the primary use defined by the MajorMap Services. Any extraction, copying, etc., beyond primary use is prohibited. When watermarks, marginal or overlay information, etc., have been added by the MajorMap Services, the user acknowledges that they do not have the right to remove, cover, or obscure them by any means.


Hypertext Links

The MajorMap Service Provider may occasionally provide hyperlinks to websites edited and/or managed by third parties.

Given that no control is exercised over these external resources, the User acknowledges that the MajorMap Service Provider assumes no responsibility for the availability of these resources and cannot be held liable for their content.


Force majeure

Force majeure conditions are defined as any circumstances beyond the parties' control, unpredictable, insurmountable, and irresistible occurring after the effective date of contractual obligations, hindering their normal execution. Additionally, orders from national or international authorities (judicial, consular, health-related, etc.) that may influence the execution of this contract also fall within the scope of these force majeure circumstances.

The MajorMap Service Provider cannot be held responsible for any disruption, lack of access, or more generally, any malfunction arising from the above circumstances. If the impediment is temporary, this contract is suspended for the duration of the impediment unless another clause contradicts it. If the impediment is permanent, the contract is automatically terminated unless the Service remains substantially the same (for example, if only part of the Service is inaccessible).

In the event the MajorMap Service Provider wishes to invoke such a force majeure event, it will make every effort to promptly notify Users through various means, such as displaying a notification on the website or sending personalized emails.


Applicable Law and Jurisdiction

The rules regarding the law applicable to content and data transmissions on and around the site are determined by French Law. In the event of a dispute that could not be resolved amicably, only the French courts within the jurisdiction of the Court of Appeal of Paris shall have competence.

The Parties will first attempt to settle amicably any dispute regarding the interpretation or execution of this contract. Only after this phase and if no agreement can be reached within a reasonable period, recourse to the courts may be considered.


Contacts

All correspondence regarding the MajorMap Service must be conducted either by postal mail to the address of the MajorMap Service Provider's Headquarters: LORIENNE, 14 rue de la Beaune, 93100 Montreuil, or by email at sales@lorienne.com.


Document Version Date: 13 June 2024