Terms of Use and Sales Conditions

Updated on July 16th, 2024

Terms of Use (ToU)

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.

Terms and Conditions of Sale

1. Purpose

These Terms and Conditions of Sale (TCS) govern the terms and conditions under which MFS Venture provides the GearTracker service, a SaaS solution for managing safety equipment for companies and organizations.

These TCS must be read in conjunction with the Terms of Use (ToU).

2. Description of Services

GearTracker allows users to:

  • Manage inventory of safety equipment.
  • Monitor the condition of equipment and receive alerts when intervention is required.
  • Conduct equipment inspections.

Users can subscribe to different plans:

  • Lifetime Free Plan: Limited features.
  • Monthly or Annual Plan: Full features. A free 1-month trial period is offered to explore the paid features. The equipment import functionality is activated after the first payment.

3. Payment Terms

Users can choose a monthly or annual subscription, payable online by credit card. No additional fees apply, except for optional services offered to assist large organizations (e.g., for deployment or equipment import). Discounts or referral offers may be applied, as communicated by MFS Venture. For custom enterprise contracts, payment by invoice or bank transfer may be accepted, according to the terms agreed between the parties.

4. Duration and Termination

Subscriptions are for a duration of one month or one year, depending on the chosen plan, with no commitment beyond the prepaid period. The user may cancel their subscription at any time without notice or reason, with the termination effective at the end of the current subscription period. In the event of termination, MFS Venture undertakes to return the user’s data in CSV format within a reasonable timeframe.

5. Liability

MFS Venture strives to ensure continuous availability of the GearTracker services. However, in the event of service outages or unavailability, MFS Venture’s liability will be limited to the services corresponding to the period of unavailability, unless specific provisions have been negotiated for custom enterprise plans.

6. Data Protection

MFS Venture processes personal data in accordance with applicable legislation, in particular the General Data Protection Regulation (GDPR). For more details, users are invited to consult the Data Protection Policy.

7. Intellectual Property

The intellectual property rights related to the GearTracker application and its content (texts, graphics, logos, etc.) belong exclusively to MFS Venture. The user agrees not to reproduce, distribute, or modify these elements without prior authorization.

8. Governing Law and Jurisdiction

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