Terms of Use

2.1. Eligibility

Access to the Platform is open to any natural person aged at least 18 and holding a Convigo account. The User declares that they have the legal capacity to use the Platform and to act in their own name or on behalf of the entity they represent, where applicable.

The Platform is primarily intended for professional use as part of activities related to oversize transport (operators, drivers, escorts, fleet managers). The protective provisions of consumer law apply only to Users acting as consumers, that is, for purposes unrelated to any commercial or professional activity.

2.2. Account creation

Access is carried out through a personal account created on Convigo or through any other authentication method put in place. Each account is personal and named; sharing credentials between several people is strictly prohibited. The User undertakes to provide accurate, up-to-date and complete information when creating and updating their account.

2.3. Confidentiality and loss of credentials

Credentials are strictly personal and confidential. The User is solely responsible for any use, authorized or not, of their account. In the event of loss or compromise, they must immediately use the available reset procedure or contact Convigo support to obtain a secure regeneration of their credentials.

3.1. Subscriptions, access to features and free trial

Access to certain features (advanced search for structures by clearance, history, GPS alerts, importing shared itineraries) requires subscribing to an active Convigo subscription. Subscriptions renew automatically at each period, unless terminated before the renewal date.

Free trial and automatic renewal

Upon their first subscription, the User benefits from a 7-day free trial. At the end of this period, the subscription is automatically converted into a paid subscription at the applicable rate, unless terminated before the end of the trial period.

To cancel during the trial period:

• Through the account settings on hub.convigo.fr;
• Through the App Store settings (Apple) if the subscription was taken out from the iOS application;
• Through the Google Play settings if the subscription was taken out from the Android application.

The free trial is granted only once per account. No refund will be made if the User forgets to cancel before the end of the trial period, except where mandatory legal provisions apply.

3.2. Right of withdrawal (consumers)

Where the User qualifies as a consumer within the meaning of the introductory article of the Code de la consommation (French Consumer Code), they have a period of fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal, without having to give reasons or bear any penalty (Article L.221-18 of the Code de la consommation).

Loss of the right of withdrawal. In accordance with Article L.221-28, 13° of the Code de la consommation, this right may no longer be exercised for the supply of digital content not supplied on a tangible medium where performance has begun after (i) the consumer's express prior agreement for performance to begin before the expiry of the withdrawal period and (ii) their express acknowledgement that they will thereby lose their right of withdrawal. This twofold agreement is obtained by means of a separate tick box at the time of subscription, then confirmed on a durable medium. Failing this, the right of withdrawal remains and may be exercised under the conditions of ordinary law.

How to exercise the right. The consumer exercises their right of withdrawal by means of any unambiguous statement sent to support@convigo.fr, or by using the model form reproduced below. Reimbursement takes place within fourteen (14) days of receipt of the request, using the same means of payment as that used at the time of subscription.

3.3. Tacit renewal and simplified termination (consumers)

Information on renewal (Article L.215-1 of the Code de la consommation). Convigo informs the consumer, in writing or on a durable medium, no earlier than three (3) months and no later than one (1) month before the end of the period allowing rejection of the renewal, of their right not to renew the contract. If this information has not been sent to them, the consumer may terminate the contract free of charge at any time from the renewal date; sums paid after the last renewal date are refunded within thirty (30) days, failing which interest accrues at the statutory rate (Article L.215-3).

Online termination (Article L.215-1-1 of the Code de la consommation). As the contract was concluded by electronic means, Convigo makes available to the consumer, from their personal account area on hub.convigo.fr, a free, permanent, simple and directly accessible feature enabling them to terminate their subscription, accessible via the wording "Terminate my subscription". For subscriptions taken out via the App Store or the Google Play Store, termination is carried out from the subscription settings of the store concerned, in accordance with the rules of those platforms.

3.4. Legal guarantee of conformity

Where the User is a consumer or a non-professional, they benefit from the legal guarantee of conformity of digital content and digital services provided for in Articles L.224-25-12 to L.224-25-26 of the Code de la consommation, introduced by Order no. 2021-1247 of 29 September 2021. As the subscription constitutes a continuous supply, Convigo is liable for any lack of conformity that appears throughout the period during which the service is supplied, including updates. In the event of a lack of conformity, the User may require the service to be brought into conformity free of charge and, failing that, obtain a reduction in price or the rescission of the contract. In accordance with Article L.224-25-26 of the same code, any agreement entered into before the complaint that would exclude or limit these rights is deemed unwritten.

3.5. Prior information

Before taking out any subscription, the User is informed of the terms of use, the obligations and the rules applicable to the right of withdrawal. Convigo reserves the right to add, modify or remove features, packs or plans, subject to informing Users within reasonable timeframes.

3.6. Digital travel-assistance service

The Platform constitutes a digital travel-assistance service specific to heavy vehicles within the meaning of Articles L.1115-8-1 and D.1115-15 et seq. of the Code des transports (French Transport Code), introduced by Law no. 2021-1104 of 22 August 2021 and Decree no. 2022-1119 of 3 August 2022.

On that basis, Convigo informs Users of the traffic restriction measures applicable to heavy vehicles adopted by the authorities vested with traffic policing powers and affecting the itineraries offered, on the basis of the data made available on the national access point for transport data (transport.data.gouv.fr).

The completeness, accuracy and currency of those measures depend on their actual publication by the competent authorities on that national access point. Convigo controls neither the content nor the time at which such data is made available, and cannot be held liable for a restriction that has not been published, has been published late or has been published erroneously by the authority that issued it. The signage in place on the ground prevails in all circumstances.

3.7. Mobile application and distribution stores

The Convigo Mobile application is available on the Apple App Store (iOS) and the Google Play Store (Android). The general terms and conditions of these platforms apply in addition to these Terms as regards in-app purchases, refunds and subscription management. They may not deprive a User who is a consumer of the rights afforded to them by the mandatory provisions of the Code de la consommation.

Payments made from the iOS and Android applications are processed by Apple and by Google under their own terms; Convigo does not take part in the transaction and has no access to the User's bank details. RevenueCat acts as a technical service provider for the management and validation of subscriptions and further collects payment for subscriptions taken out from the web platform (a Convigo subprocessor acting in accordance with Article 28 of the GDPR).

Where a subscription is taken out via a store, refund requests must be sent directly to the relevant store. The termination of a subscription taken out via a store must be carried out from the settings of the corresponding store (Apple ID or Google account).

3.8. Provisions specific to the Apple App Store

The following provisions apply to any User who has downloaded the application from the App Store. In the event of any conflict, they prevail over the other provisions hereof in respect of that User alone.

• These Terms are entered into between the User and Convigo alone, and not with Apple. Apple is not a party to the contract.
• For the iOS application, the licence granted under Article 5.1 is a non-transferable licence to use the application on any Apple-branded product that the User owns or controls, within the limits of the Usage Rules set out in the App Store Terms of Service.
• Convigo is solely responsible for the application and its content. Apple has no obligation whatsoever to furnish maintenance or support services.
• In the event of any failure of the application to conform to any applicable warranty, the User may notify Apple, which may refund to them the purchase price, if any, of the application. To the maximum extent permitted by applicable law, Apple assumes no other warranty obligation whatsoever; any other claim falls within Convigo's responsibility.
• Convigo, and not Apple, is responsible for addressing any claim of the User or of any third party relating to the application, in particular as regards product liability, regulatory compliance, consumer protection and data protection.
• Convigo, and not Apple, is responsible for the investigation, defence and settlement of any third-party claim alleging that the application infringes that third party's intellectual property rights.
• The User represents that they are not located in a country that is subject to an embargo and that they are not listed on any list of restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and are accordingly entitled to enforce them against the User.
• Convigo's contact details for any question or claim relating to the application are set out in Article 18.

The characteristics of the subscriptions (name, duration, price per period, content and renewal conditions) are set out in Article 3 of the General Terms and Conditions of Sale and are restated before any subscription is taken out.

4.1. Reporting of illegal content (Regulation (EU) 2022/2065, the "DSA")

Point of contact. In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065, Convigo designates the address dsa@convigo.fr as the single point of contact enabling Member State authorities, the European Commission, the European Board for Digital Services and the recipients of the service to communicate directly with it. Languages of communication: French and English.

Notice and action mechanism (Article 16). Any person may report content that they consider to be illegal or manifestly inaccurate via support@convigo.fr or from the reporting feature available in the application. In order to be processed, the notice must contain:

• a substantiated explanation of the reasons why the content is considered illegal or inaccurate;
• the exact location of the content (link, identifier of the structure, of the itinerary or of the contribution);
• the name and email address of the notifying party, except where the report concerns an offence referred to in Articles 3 to 7 of Directive 2011/93/EU;
• a statement confirming the good faith of the notifying party as to the accuracy of the information provided.

Convigo acknowledges receipt of the notice without delay, processes it in a diligent, non-arbitrary and objective manner, then informs the notifying party of its decision and of the redress mechanisms available.

Statement of reasons (Article 17). Where Convigo removes content, restricts its visibility, or suspends or terminates an account, it sends the User concerned a clear and specific statement of reasons, specifying the ground relied upon (a provision of the Terms or a legal ground), the facts taken into account, any use of automated means and the redress mechanisms available.

Appeal. The User may challenge any moderation decision for six (6) months from its notification, at the address dsa@convigo.fr. The decision is re-examined under human supervision. The User retains the right to refer the matter to an out-of-court dispute settlement body certified under Article 21 of the Regulation, to the Arcom, the Digital Services Coordinator for France, or to the competent court.

Convigo falls within the category of micro-enterprises within the meaning of Article 19 of Regulation (EU) 2022/2065 and is, on that basis, exempt from the obligations of Section 3 of Chapter III of that Regulation, with the exception of Article 24(3) thereof. The appeal mechanism described above is nevertheless put in place voluntarily.

4.2. Moderation policy (Article 14 DSA)

Convigo may modify, correct, hide or delete a contribution, and warn, suspend or terminate an account, in the following cases: illegal content, a contribution that is manifestly inaccurate or dangerous for the safety of convoys, breach of these Terms, fraud, or infringement of the rights of third parties.

Contributions are not subject to any general prior monitoring. They may be subject to automated consistency checks (aberrant clearance values, duplicates, repeated reports); any removal or restriction decision is subject to human review before notification to the User, except for manifestly illegal content requiring immediate action.

These measures are applied in a diligent, objective and proportionate manner, taking into account the rights and legitimate interests of the User.

4.3. Community content and contributions

The User is solely responsible for the information, documents, measurements and content they transmit via the Platform, in particular photographs, clearance readings, comments and reports relating to listed structures and road infrastructure.

The User guarantees the accuracy of the measurements and technical information they submit (heights, widths, restrictions). They acknowledge that an inaccurate contribution may have consequences for the safety of third parties and accept personal responsibility in this respect.

Convigo may modify, correct or delete any contribution deemed inaccurate or likely to present a danger, under the conditions and in accordance with the procedure set out in Article 4.2. Contributions do not constitute professional advice and must be cross-checked with official sources and actual road signage before any journey.

The User guarantees that they hold the necessary rights to the submitted content and that this content does not infringe the rights of third parties.

5.1. Intellectual property rights

The Platform and all of its components (texts, graphics, logos, software, databases, APIs, icons, etc.) are the exclusive property of Convigo or its partners. Any unauthorized reproduction, adaptation or exploitation is prohibited.

Convigo grants the User a personal, non-exclusive and non-transferable right of use, in the context of their activities and in accordance with these Terms.

The User retains ownership of the content they submit. In accordance with Article L.131-3 of the Code de la propriété intellectuelle (French Intellectual Property Code), they grant Convigo, over such content, a license with the following characteristics:

• Rights granted : rights of reproduction, representation, adaptation, correction, translation and aggregation;
• Purpose : exploitation for the sole purposes of providing, operating and improving the services of the Platform, including display to other Users and integration into the Convigo database, to the exclusion of any transfer to third parties for advertising purposes;
• Territorial scope : worldwide;
• Term : the statutory term of copyright protection;
• Nature : non-exclusive, royalty-free and transferable solely to Convigo's successors in title in the event of a transfer of the business.

Deletion of the User's account entails the anonymization of their contributions. Clearance and restriction data already integrated and verified in the Convigo database may be retained in anonymized form, as their removal is liable to compromise the safety of other Users' convoys.

5.2. Protection of the Convigo database

The database of works, prescriptions, clearance templates, and itineraries built by Convigo is protected under Articles L.341-1 et seq. of the French Intellectual Property Code (sui generis database right).

It is strictly forbidden for any User or third party, without Convigo's prior written authorization, to:

• extract, scrape, copy, or reproduce, by any automated means (scraping, unauthorized API, robot, script) or manually, all or a substantial part of the content of the Convigo database;
• reuse, republish, redistribute, or commercialize this data, in particular to build a competing database;
• bypass or attempt to bypass the technical protection measures implemented by Convigo.

Any observed violation may result in the immediate suspension of the account concerned, without prejudice to legal action and damages for the harm suffered by Convigo.

6.1. GPS geolocation

The Convigo Mobile application uses the GPS of the User's device in order to display their own position on the map and to provide the navigation service. This position is processed locally on the device and is not transmitted to Convigo nor shared with other users.

The legal basis for this processing is the performance of the service contract. No GPS track is retained on Convigo's servers beyond the active navigation session. The User can disable GPS at any time in their device settings.

6.2. Device permissions

• Location (GPS) : required for navigation. Can be disabled.
• Camera and photos : used for community contributions. Optional permission.

Each permission is requested individually and may be revoked at any time in the device settings.

6.3. Push notifications

The application may send push notifications (GPS proximity alerts, service information, important updates). Sending is conditional on the User's prior consent, managed via their device settings. The User can disable them at any time without affecting the core features.

9.1. Nature of Convigo's undertaking: a best-efforts obligation

Convigo provides a tool to assist with the planning, visualization and navigation of journeys, intended for oversize transport professionals. Under these Terms, Convigo is bound by a best-efforts obligation (obligation de moyens), and not by an obligation to achieve a specific result.

Convigo undertakes to implement reasonable technical and human resources, in line with the state of the art, in order to provide a functional service, to build and update its databases, and to correct within a reasonable time the anomalies reported to it. It does not guarantee that the service will be error-free, nor that the data displayed will be accurate, complete or up to date at all times.

This characterization follows from the very nature of the service: Convigo has neither control over, nor real-time knowledge of, the condition of the road network, engineering structures, traffic orders, roadworks, temporary restrictions or the signage actually in place. The data comes from public sources, third-party partners and User contributions, of which Convigo is not the author. The User is informed of this before any subscription and expressly accepts it.

9.2. Scope of the information displayed

The itineraries, heights, clearances, tonnages, oversize transport networks, restrictions, points of interest and alerts displayed on the Platform are provided for information and decision-support purposes. They constitute neither an authorization to travel, nor a validation of an itinerary, nor technical or regulatory advice.

They in no way replace, and may not prevail over:

• the oversize transport authorization (individual, of local scope or of general scope) issued by the competent authority;
• the cahier des prescriptions techniques d'emprunt (CPTE) and the specific requirements set out therein;
• traffic orders, temporary restrictions (thaw barriers, prohibited days and periods, roadworks) and the instructions of road managers or law enforcement authorities;
• the signage actually in place on the ground, which prevails in all circumstances.

9.3. Community contributions – hosting provider status

Comments, photographs, clearance measurements, readings and reports published by Users are the sole responsibility of their author.

With respect to such content, Convigo acts as a hosting service provider within the meaning of Article 6 of Regulation (EU) 2022/2065 on digital services (the "DSA") and of Article 6 of Law no. 2004-575 of 21 June 2004. Convigo exercises no general prior monitoring over such content and cannot be held liable for its accuracy, unless, having obtained actual knowledge of its illegal or manifestly inaccurate nature, it failed to act expeditiously to remove it or to disable access to it.

In accordance with Article 7 of Regulation (EU) 2022/2065, the voluntary checks, moderation, correction and aggregation operations described in Article 4 hereof do not cause Convigo to lose the benefit of that regime.

9.4. Liability of the professional User

A User acting in the course of their professional activity is an oversize transport professional, deemed to be familiar with the applicable regulations, in particular Articles R.433-1 et seq. of the Code de la route (French Highway Code) and the order of 4 May 2006 as amended.

It is incumbent upon them, prior to any journey and under their sole responsibility:

• to ensure that they hold valid authorizations for the convoy and itinerary concerned;
• to familiarize themselves with the CPTE and the applicable requirements;
• to verify the consistency of the itinerary with the actual characteristics of the convoy (mass, length, width, height, overhang);
• to carry out the route surveys and on-site checks required by the nature of the convoy;
• to put in place the required escort arrangements (pilot vehicles, guidance) and to comply with the traffic conditions.

Use of the Platform does not release the User from any of their legal, regulatory or contractual obligations, and does not transfer to Convigo any of their responsibilities as carrier, principal or driver.

The User is also responsible for the community contributions they publish and for their impact on the safety of third parties.

9.5. Safety warning

The itineraries created via Convigo constitute neither an instruction nor a guarantee of practicability. The User remains solely responsible for the compliance of their itinerary with the applicable regulations, with clearance, tonnage or height restrictions, and with the signage encountered.

The driver must never hold a telephone in hand while the vehicle is in motion (Article R.412-6-1 of the Code de la route (French Highway Code), which prohibits hand-held use). More broadly, Convigo requires that configuring and consulting the application take place with the vehicle stationary, in safety, or be entrusted to an accompanying person: even on a fixed mount, reading a screen diverts attention from the road.

In the event of doubt, of a contradiction between the application and the signage, or of an unlisted obstacle, the User must stop safely and must not proceed with the convoy.

9.6. Limitation of liability (professional Users)

Where the User acts for professional purposes, and subject to the mandatory exclusions set out in Article 9.7:

• Convigo's liability is limited to compensation for direct, material and foreseeable damage;
• indirect damage is excluded, and in particular: loss of operations, loss of turnover or margin, loss of customers or loss of opportunity, immobilization of equipment or staff, rerouting costs, penalties owed to third parties, damage to image and loss or alteration of data;
• on all grounds combined, the total amount of compensation that may be charged to Convigo in respect of any one contractual year may not exceed the total amount of the sums, exclusive of tax, actually paid by the User to Convigo during the twelve (12) months preceding the triggering event and, in the absence of any payment, the sum of one hundred (100) euros.

The Parties expressly acknowledge that this limitation constitutes a freely negotiated and accepted allocation of risk, that it was decisive in setting the price agreed having regard to the free or low-cost nature of the service compared with the values transported, and that it does not deprive Convigo's essential obligation of its substance within the meaning of Article 1170 of the Code civil (French Civil Code).

Convigo is not liable for malfunctions attributable to the Internet network, mobile coverage, the User's hardware, operating system or software, nor for interruptions of third-party services (mapping, distribution stores, payment provider).

9.7. Mandatory exclusions

No provision of these Terms has the object or effect of excluding or limiting Convigo's liability:

• in the event of personal injury, whatever its cause;
• in the event of wilful misconduct, gross negligence or intentional fault;
• under the legal guarantee of conformity of digital content and digital services (Articles L.224-25-12 to L.224-25-26 of the Code de la consommation) where the User is a consumer or a non-professional;
• in all other cases where the applicable law prohibits such an exclusion or limitation.

Where the User is a consumer or a non-professional, the limitations and exclusions set out in Article 9.6 are not enforceable against them : Convigo's liability then applies under the conditions of ordinary law and of the Code de la consommation.

9.8. Claims

Any claim must be sent to support@convigo.fr as soon as possible from the occurrence of the triggering event, together with the information required for its examination (date, itinerary concerned, screenshot). Between professionals, and in accordance with Article 2254 of the Code civil, any action based on these Terms is time-barred after one (1) year from the day on which the User knew or ought to have known the facts enabling them to bring it. This shortened period is not enforceable against consumers and non-professionals.

17.1. Prior claim

Before any action, the User is invited to send a written claim to support@convigo.fr. The Parties shall endeavour to resolve any dispute amicably.

17.2. Professional Users

Any dispute falls within the exclusive jurisdiction of the tribunal de commerce de Marseille (Marseille Commercial Court), including in summary proceedings, in the event of multiple defendants or of third-party proceedings.

17.3. Consumer Users

The provisions of Article 17.2 are not enforceable against consumers. A consumer may bring proceedings, at their choice, before one of the courts having territorial jurisdiction under the Code de procédure civile (French Code of Civil Procedure) or before the court of the place where they resided at the time the contract was concluded or at the time the harmful event occurred (Article R.631-3 of the Code de la consommation).

The choice of French law does not deprive a consumer residing in another Member State of the protection afforded to them by the mandatory provisions of the law of their habitual residence (Article 6 of Regulation (EC) No 593/2008, known as "Rome I").

In accordance with Articles L.612-1 et seq. of the Code de la consommation, a consumer may have free recourse to the consumer ombudsman designated by Convigo, after an unsuccessful prior written claim. The ombudsman's contact details appear in Article 12 of the General Terms and Conditions of Sale.