Terms and Conditions of Sale

The seller is Fabio DI MARTINO, Sole Trader (Entrepreneur Individuel), operating under the trade name DEVAPP'CO / Convigo.

Registered office : LIFE PARK, 105 Chemin de Château Gombert, 13013 Marseille, France.

SIREN : 918 645 300 VAT : FR42918645300

Contact : contact@convigo.fr

These Terms set out the conditions under which Convigo markets its paid subscriptions to its users (hereinafter the “Buyer”).

They apply to subscriptions taken out :

• through the Convigo mobile application on the App Store (Apple) or Google Play (Google) ;
• through the hub.convigo.fr web platform.

Any subscription implies unreserved acceptance of these Terms as well as of the Terms of Use.

Convigo provides a service for creating and managing routes for exceptional (oversize) convoys, available on a subscription basis. Four plans are available or currently being rolled out :

Credits are consumed when routes are automatically generated. They are renewed each month on the subscription anniversary date and cannot be carried over from one month to the next.

Prices are stated in euros (€) including all taxes (VAT included). Only the Convigo Plus plan is currently available for subscription.

For subscriptions through the App Store (Apple) or Google Play (Google), the prices shown are those set by the stores and may differ depending on the country and platform.

The prices indicated are launch prices applicable from the opening of the service. They may change at the end of this launch period. Any price change will be notified to the Buyer at least 30 days before it takes effect. The Buyer may cancel free of charge if they reject the new pricing.

Payment is made at the time of subscription, depending on the channel used :

Through the mobile application (iOS / Android) : payments are processed directly by Apple (App Store) or Google (Google Play) under their own terms. Convigo does not take part in the financial transaction and has no access to the Buyer's banking data.

Through the web platform (hub.convigo.fr) : payments are processed by our provider RevenueCat. Convigo has no access to the Buyer's banking data.

In the event of a failed payment, access to paid features is suspended until the situation is resolved.

Subscriptions are taken out for a fixed term (monthly or annual) and renew automatically at each expiry, unless cancelled before the renewal date.

The amount for the following period is charged automatically on the renewal date.

Information on tacit renewal. In accordance with Article L.215-1 of the Code de la consommation (French Consumer Code), where the Buyer is a consumer or a non-professional, Convigo informs them 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 renewal to be rejected, of their right not to renew the contract.

In the absence of such information, the Buyer may terminate the contract free of charge at any time from the renewal date. Sums paid after the last renewal date are then refunded within thirty (30) days, failing which they bear interest at the legal rate (Article L.215-3 of the Code de la consommation).

The Buyer may cancel at any time. Cancellation takes effect at the end of the current period, with no pro-rata refund for the period already started, which remains due. This provision is without effect on the cases in which a pro-rata refund is expressly provided for: cancellation at Convigo's initiative without fault of the Buyer, refusal of a price or contractual change, and exercise of the legal guarantee of conformity.

Online cancellation. In accordance with Article L.215-1-1 of the Code de la consommation, the contract having been concluded electronically, a free, permanent, simple and directly accessible feature allowing the subscription to be cancelled is made available from the personal account area on hub.convigo.fr, under the heading “Cancel my subscription”. Cancellation is confirmed on a durable medium.

iOS : Settings → [your name] → Subscriptions.

Android : Google Play → Subscriptions.

Web : Account settings on hub.convigo.fr, or by email to support@convigo.fr.

In accordance with Article L.221-28 of the Code de la consommation (French Consumer Code), the 14-day right of withdrawal does not apply to digital content whose performance has begun with the consumer's prior express consent, the consumer having acknowledged that they would thereby lose that right.

This twofold consent — the express request for immediate performance and the acknowledgement of the loss of the right of withdrawal — is obtained by means of a separate tick box at the time of subscription, then confirmed on a durable medium. Failing this, the fourteen (14) day right of withdrawal remains and is exercised by any unambiguous statement sent to support@convigo.fr or by means of the model form reproduced in Article 3.2 of the Terms of Use.

For purchases through the App Store or Google Play, the applicable withdrawal terms are those of Apple and Google respectively.

iOS purchases : requests handled by Apple via reportaproblem.apple.com. Convigo cannot process these requests.

Android purchases : requests handled by Google under its refund policy. Convigo cannot process these requests.

Web purchases : any request must be sent to support@convigo.fr. Convigo reviews each request on a case-by-case basis.

Legal guarantee of conformity. Irrespective of the foregoing, where the Buyer is a consumer or a non-professional, they benefit from the legal guarantee of conformity for digital content and digital services provided for in Articles L.224-25-12 to L.224-25-26 of the Code de la consommation. As the subscription constitutes a continuous supply, Convigo is liable for any lack of conformity occurring throughout the period during which the service is supplied.

In the event of a lack of conformity, the Buyer may require the service to be brought into conformity free of charge and, where this is impossible, delayed or causes major inconvenience, obtain a price reduction or the rescission of the contract with a refund of the sums paid for the non-conforming period. In accordance with Article L.224-25-26 of the same code, any agreement entered into before the complaint that would exclude or limit those rights is deemed unwritten.

Convigo strives to ensure the availability of its services 24/7. Interruptions may occur due to maintenance, technical incidents or force majeure.

In the event of prolonged unavailability attributable to Convigo, the Buyer may request compensation. Where the Buyer is a consumer or a non-professional, they further benefit from the rights under the legal guarantee of conformity set out in Article 9, in particular a price reduction or the rescission of the contract; no provision of these Terms may exclude or limit those rights.

Convigo is a tool to assist with the creation and management of routes, in respect of which Convigo is bound by an obligation of means and not by an obligation of result. Routes are created and validated by the Buyer, who remains responsible for decisions taken on the basis of the information displayed. The applicable liability regime is the one set out in Article 9 of the Terms of Use, to which these Terms refer.

Professional Buyers. Convigo's liability cannot be engaged for indirect damages, loss of data, loss of operation or intangible harm resulting from use of the service. On all grounds combined, the total amount of compensation that may be borne by Convigo in respect of any one contractual year may not exceed the total sums, excluding tax, actually paid by the Buyer over the twelve (12) months preceding the event giving rise to liability and, failing any payment, the sum of one hundred (100) euros.

Mandatory exclusions. The foregoing limitations do not apply under any circumstances to personal injury, wilful misconduct, gross or intentional fault, nor in cases where the law prohibits such a limitation. They may not be invoked against consumer and non-professional Buyers, whose situation is governed by the general law and by the Code de la consommation, in particular by the legal guarantee of conformity referred to in Article 9.

In accordance with Articles L611-1 et seq. of the French Consumer Code, the Buyer may refer the matter free of charge to the consumer mediator designated by Convigo in the event of a dispute not resolved amicably.

Before referring the matter to the mediator, the Buyer must first have contacted Convigo in writing at contact@convigo.fr.

Designated mediator : CM2C Centre de Médiation et d'Arbitrage de Paris
14-16 boulevard Poissonnière, 75009 Paris
www.cm2c.net

These Terms are governed by French law.

Professional Buyers : any dispute falls within the exclusive jurisdiction of the tribunal de commerce de Marseille (Marseille Commercial Court), including in summary proceedings, where there are multiple defendants or in the event of third-party proceedings.

Consumer Buyers : this clause may not be invoked against them. The consumer may bring proceedings, at their choice, before any 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 the harmful event occurred (Article R.631-3 of the Code de la consommation). The choice of French law does not deprive them of the protection afforded by the mandatory provisions of the law of their habitual residence (Article 6 of Regulation (EC) No 593/2008, known as “Rome I”).

For any question regarding these Terms or your subscription : support@convigo.fr