Optimcar is a brand of HEXAGONE AUTOMOTIVE, a simplified joint-stock company registered with the Orléans Trade and Companies Register under number 825 089 642, with its registered office at 207 Rue Bernard de la Rochefoucauld, 45150 Fay-Aux-Loges, France.
Optimcar is a SaaS (Software as a Service) application, which by definition is provided online. Its use therefore requires a reliable internet connection.
Any exemption from these General Terms and Conditions must be subject to a written agreement signed by a legal representative ofOptimcar.
Subscription, payment, and cancellation
Every active account corresponds to a subscription accepted by Optimcar and implies the client’s unconditional acceptance of these General Terms and Conditions as well as the signing of a purchase order.
When a new account is created and activated, the client will be billed monthly or annually, depending on their choice.
The subscription will be charged each month or each year on the date the services were subscribed to.
The Optimcar subscription is a 12-month subscription, renewable by tacit renewal unless terminated by registered mail with acknowledgment of receipt sent at least one month before the start date indicated on the purchase order, to the following address: HEXAGONE AUTOMOTIVE – 207 Rue Bernard de la Rochefoucauld – 45450 Fay-aux-Loges.
Unless expressly stated otherwise, the price of the services and tools provided by Optimcar does not include the cost of the services required for their installation and configuration.
Unless otherwise agreed, the price of the subscribed products and services is payable under the conditions stated on the invoice. The invoices are available in the client’s Optimcar account and are payable by automatic debit via credit card or SEPA mandate.
Any amount not paid by the due date shall accrue interest, without prior formal notice, at a rate equal to twice the legal interest rate. This rate will be increased by five points starting from the receipt of a formal notice.
In the event of non-payment or failure to comply with the payment terms, Optimcar reserves the right to suspend the contract, suspend the services, terminate the granted user licenses, and demand immediate payment of the entire remaining balance due.
Failure to pay by the due date will also result in a non-discharging penalty equal to 15% of the amounts owed. Any collection costs shall, in all cases, be borne by the client.
In the event of a cancellation, it must be made by email at least 7 days before the end of the contractual period.
Optimcar reserves the right to modify at any time the prices and the characteristics of the equipment, software, and services it provides.
Account
Each user account corresponds to a unique identifier. For security, liability, and confidentiality reasons, the username and password must remain the exclusive property of the account owner.
The client agrees to ensure that the account information (Company name, VAT number, SIRET, etc.) is up to date, truthful, and accurate, and to update it when necessary.
Intellectual property
The client expressly authorizes Optimcar to use its company name, trade name, and logo as a commercial reference.
The intranets provided by Optimcar are supplied to the client under non-exclusive, non-transferable, and non-assignable usage rights, valid for the duration specified on the invoice.
These software programs remain the property of Optimcar. The only intellectual property right granted to the client is the right to use the intranets expressly included in the subscription, in their version as of the subscription date, excluding any rights to later versions.
This right of use applies exclusively to the object code of these software programs. No rights are transferred or granted over the source code.
This right of use may only be exercised within the limits and under the conditions set out below. The client agrees to use the intranet and its services in accordance with the provisions of these terms.
The client agrees to respect and ensure that its employees respect Optimcar’s intellectual property rights particularly regarding software, trademarks, and logos.
Intranets published by third parties and distributed by Optimcar are provided under non-exclusive, non-assignable, and non-transferable user licenses.
They remain the property of their respective publishers. The terms and conditions of the user licenses are defined by those publishers. The client agrees to comply with them and to strictly respect the publishers’ intellectual property rights. In particular, the client agrees not to reproduce the software or the associated documentation, unless otherwise stated or covered by specific license agreements.
Optimcar guarantees that the software it publishes complies with its documentation.
The software and services provided by Optimcar to the client are freely chosen by the client.
Optimcar cannot under any circumstances be held responsible for providing a service that is not expressly mentioned in the subscription. The client agrees to actively cooperate whenever necessary in the execution of the services entrusted to Optimcar, particularly by clearly defining their needs.
The client guarantees to Optimcar that they hold the intellectual property rights and, more broadly, all necessary authorizations, including administrative ones (CNIL), regarding the information and data of any kind transmitted to Optimcar in connection with the use of the software. The client indemnifies Optimcar against any claims and agrees to step in on Optimcar ’s behalf in the event of any claim or legal action on this basis, so that Optimcar is never held liable or pursued in this regard.
Responsibilities
Optimcar undertakes to provide products and services in accordance with the subscription, respecting industry standards and the state of the art.
However, given, on the one hand, the inherent complexity of any computer system, and on the other hand, the client’s active role in the execution of the subscription, it is expressly agreed thatOptimcar is only bound by best-effort obligations.
The parties agree thatOptimcar ’s liability can only be invoked in the case of gross negligence or willful misconduct. The sole remedy the client may claim in the event of Optimcar ’s failure to fulfill a contractual obligation is the actual provision of the service or product concerned.
It is specifically agreed, without this list being exhaustive, that the following shall not give rise to any claim for damages by the client: any loss suffered by the client consisting of lost revenue, customers, orders, or data, files, or software, incorrect tax allocation, and, more generally, any loss resulting from poor performance or delay in performance by Optimcar.
In any case, ifOptimcar s liability were nevertheless to be established, the amount of damages that could be imposed on it shall not exceed, for all claims combined, half of the amounts actually paid by the client to Optimcarduring the current calendar year at the time of the claim, for the subscription under which its liability was invoked.
In the event of a force majeure, the obligations of the parties shall be suspended.
A case of force majeure includes, in addition to events usually recognized as such by case law, any event beyond the parties’ control that makes the performance of the services offered impossible.
In the event of the client’s failure to fulfill its contractual obligations, not remedied within 30 days from the notification of such failure by email or registered letter with acknowledgment of receipt, Optimcar may, as of right, enforce the total or partial termination of the subscription, without prejudice to any damages it may claim for compensation for the loss suffered.
Amounts collected by Optimcar will not be refunded to the client.
The client certifies that all content published on their intranet, particularly through vehicle listings, is accurate. Optimcar cannot be held responsible for any incorrect information contained in this data.
Jurisdiction
Any dispute between Optimcar and the client shall be brought before the courts having jurisdiction overOptimcar’s registered office, even in the case of third-party claims or multiple defendants, and even for urgent proceedings or precautionary measures, whether in summary proceedings or by petition. Any contractual action againstOptimcar shall be barred one year from the event giving rise to it.
Bloctel – Personal Data Protection
According to Article L.223-2 of the Consumer Code, it is reminded that consumers may exercise their right to register on the Bloctel telephone marketing opt-out list: bloctel.gouv.fr. In accordance with Article 27 of Law No. 78-17 of January 6, 1978, you have the right at any time to access and correct your personal data. This right can be exercised by postal mail to Vroomiz, 207 Rue de la Rochefoucauld, 45450 Fay-aux-Loges, or by email at contact@optimcar.fr. The Site Publisher is the producer of this database within the meaning of Article L 342-1 of the Intellectual Property Code. Any extraction or use of the database content not expressly authorized may incur civil and/or criminal liability. The Site Publisher reserves the right to take all legal action against anyone who fails to comply with this prohibition.
Mediation
In accordance with Article L. 211-3 of the Consumer Code, the consumer is informed that they have the right to use a consumer mediator to amicably resolve any dispute that may arise with the site publisher. The procedures for this mediation are governed by Articles L 611-1 to L 641-1 and R 612-1 to R 612-2 of the Consumer Code.
Support
For the entire duration of the client’s usage rights, the client has the ability to access the SUPPORT service from Monday to Friday, 9:00 AM to 1:00 PM and 2:00 PM to 5:00 PM, using:
a phone number: 02.38.25.63.91
or an email address: contact@optimcar.fr
The SUPPORT services do not include:
the resolution of issues related to the client’s hardware, operating system, or internet access
the resolution of communication issues or problems originating from software or applications not developed by Optimcar.
SUPPORT is conditional upon the client’s full payment of the fees and any other amounts owed toOptimcar.