Terms of Use and Sales Conditions

General Terms and Conditions of Sale (GTCS)

Updated on July 16th, 2024

1. Definitions

In these GTCS, the following terms shall have the meanings defined below:

  • Client: refers to any individual or legal entity who has subscribed to one of the services offered by the Company, whether free or paid, and using the features of the GearTracker SaaS software.
  • Company: refers to MFS Venture, a simplified joint-stock company (SAS) that develops and operates the GearTracker software, registered in France under SIRET number 93112942300014, with its registered office at 60 rue François 1er, 75008 Paris, France.

2. Purpose

These General Terms and Conditions of Sale (GTCS) govern the terms and conditions under which the Company provides the GearTracker service, a Software as a Service (SaaS) solution for managing controlled equipment for businesses, local authorities, and associations. These GTCS should be read in conjunction with the General Terms of Use (GTU), with which they are inextricably linked. They are available on the Company’s website: https://geartracker.net/.

3. Description of Services

GearTracker allows Clients to manage their controlled equipment: inventory, condition, alerts, inspections, and reports.

The GearTracker service is offered under different plans, including both free and paid options. Each plan provides access to a specific set of features, detailed on the Company’s official website, accessible at geartracker.net. The Client is encouraged to carefully review the plan descriptions before subscribing in order to choose the most appropriate option for their needs. The Company reserves the right to modify the features of the plans, subject to informing Clients in accordance with the provisions outlined in these GTCS.

4. Payment Terms

Clients can choose a monthly or annual subscription.

Payments for GearTracker subscriptions can be made using the following methods:

  • For monthly and annual subscriptions, the accepted payment methods are: credit cards, Apple Pay, Google Pay, and SEPA direct debit.
  • For annual subscriptions only, additional payment options include: bank transfer upon invoice, BLIK, Bancontact, EPS, and iDEAL.

The Client must select an available payment method during the subscription process and ensure the validity of the provided information to ensure smooth transaction processing. Discounts or referral offers may be applied, in accordance with the conditions communicated by the Company.

5. Duration and Termination

Subscriptions are for a period of one month or one year, automatically renewable, with no commitment beyond the prepaid period.
The Client may cancel their subscription at any time without notice or reason, with effect at the end of the current subscription period.
In the event of cancellation, the Company agrees to return the Client’s data in CSV format upon request and within a reasonable timeframe.

6. Liability

The Company strives to ensure the continuous availability of GearTracker services. However, in the event of a breakdown or unavailability of the service, the Company’s liability will be limited to the services corresponding to the period of unavailability, unless specifically negotiated provisions exist under custom business plans.

7. Data Protection

The Company processes personal data in compliance with applicable legislation, particularly the General Data Protection Regulation (GDPR). For further details, the Client is invited to review the data management policy available on the Company’s website at geartracker.net.

8. Intellectual Property

The intellectual property rights relating to the GearTracker application and its content belong exclusively to the Company. The Client agrees not to reproduce, distribute, or modify these elements without prior authorization.

9. Governing Law and Jurisdiction

These GTCS are governed by French law. In the event of a dispute relating to the interpretation or execution of these GTCS, the parties will attempt to resolve the dispute amicably. If no resolution is reached, the dispute will be subject to the exclusive jurisdiction of the courts in Paris, France.

Terms of Use (ToU)

Updated on July 16th, 2024

1. Purpose

These Terms of Use (CGU) define the rules for using the GearTracker service, provided by MFS Venture, a SaaS software designed for managing safety equipment for companies and, free of charge, for adult individuals.

2. Account Access and Registration

Users must create an account to access GearTracker services. The software is primarily designed for businesses but is also made freely available to adult individuals with limited features.

3. Use of the Service

Users agree to:

  • Maintain the confidentiality of their login credentials.
  • Use the service in a lawful manner, in compliance with applicable laws.
  • Refrain from modifying the source code, reselling, or commercially exploiting the services provided by GearTracker without explicit authorization from MFS Venture.

4. Data Ownership

Users retain ownership of their data (inventories, reports, etc.) in an exportable CSV format. Users may request the deletion of their data by referring to the Privacy Policy.

5. Account Suspension and Termination

MFS Venture reserves the right to suspend or terminate a user’s account in the following cases:

  • Violation of these Terms of Use.
  • Abuse of the services provided. Non-payment of subscriptions. Any actions taken against MFS Venture or its services. In the event of termination, the user will be notified by email, and their data can be retrieved in CSV format before the account is permanently closed.

6. Changes to the Terms of Use

MFS Venture may modify these Terms of Use at any time. Users will be notified by email of any substantial changes to the terms.

7. User Responsibility

Users are responsible for any unlawful or abusive use of the service, including sharing illegal content or failing to comply with applicable laws. Such actions will incur liability on the part of the user.

8. Limitation of Liability

MFS Venture limits its liability in the event of indirect damages or service interruptions. In case of service outages or maintenance, no liability shall be held against MFS Venture for any indirect loss, as detailed in the Terms and Conditions of Sale (TCS).

9. Service Updates and Availability

The service may be temporarily interrupted for updates or maintenance, typically conducted at night to minimize impact on users. MFS Venture will strive to limit these interruptions and restore services as quickly as possible.

10. Intellectual Property

The trademarks, logos, and other distinctive elements of GearTracker are the property of their respective owners. The GearTracker software, its features, design, and source code are the exclusive property of MFS Venture. Users are granted a limited, non-exclusive license to use the service, valid only for the duration of their subscription.

GearTracker may integrate or provide links to third-party services. MFS Venture is not responsible for the content, services, or actions of third parties accessed via the application.

12. Governing Law and Jurisdiction

These Terms of Use are governed by French law. In the event of a dispute relating to the interpretation or execution of these Terms of Use, the parties will attempt to resolve the dispute amicably. Failing that, the dispute will be submitted to the exclusive jurisdiction of the courts of Paris, France.