General Terms and Conditions of Use

Preamble

The purpose of these General Terms and Conditions of Use (hereinafter "Terms") is to define the terms and conditions under which the User may access and use the mobile application PickUp Go (hereinafter "the Application").

PickUp Go is a professional application intended exclusively for professional drivers, published by the company SAS Cactus, registered with the Antibes Trade and Companies Register (RCS), whose registered office is located at 1055 Chemin de Rabiac Estagnol, 06600 Antibes, France (hereinafter "the Publisher" or "the Company").

By using, downloading, or subscribing to the Application, the User acknowledges having read these Terms and agrees to comply with them without reservation.

Important: As the Application is reserved for professional use, the User declares that they are using PickUp Go within the scope of their professional transport activity. These Terms are drafted in the French language. In the event of a translation into another language, only the French version shall prevail.

Article 1 - Definitions

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

• Application: The PickUp Go mobile application, published by the Publisher, accessible on smartphones via the Apple App Store and Google Play Store, allowing Users to benefit from the Services.
• Services: All features and services provided by PickUp Go to the User, including specifically business management tools for professional drivers (ride management, scheduling, invoicing, flight tracking, etc.).
• User: Any adult natural person or legal entity using the PickUp Go Application within the scope of their professional activity as a driver (VTC, taxi, private chauffeur, etc.).
• Subscription: The monthly subscription offer granting access to the Application's Services, subscribed to via the download platform (App Store or Google Play).
• Publisher or Company: SAS Cactus, the company that publishes and operates the PickUp Go Application.

Article 2 - Purpose of the Application and Scope of Terms

PickUp Go is a professional mobile application designed to provide professional drivers with tools dedicated to the management of their activity, specifically:

• Ride and client management;
• Transfer scheduling;
• Professional invoicing and quotes;
• Real-time flight tracking;
• Route calculation and cost estimation;
• Dashboard and performance statistics.

The purpose of these Terms is to define the respective rights and obligations of the Publisher and the User in the context of the use of the Application and Services. They apply to any installation, account opening, and/or use of the Application by a User.

Every User agrees to comply unreservedly with these Terms for the entire duration of their use of the Application. In the event of disagreement with all or part of the Terms, the User must refrain from using the Application.

Article 3 - Access to the Application

3.1. Target Audience

The Application is exclusively reserved for professionals. The User declares to be a duly authorized professional driver (e.g., practicing as a freelancer, micro-entrepreneur, transport company, VTC, taxi, etc.), using the Application within the strict scope of their professional activity. The Application is not intended for consumer individuals acting outside of any professional activity. The Publisher reserves the right to restrict access to the Application to any user not meeting these criteria.

3.2. Technical Conditions

To access the Application, the User must have compatible equipment (smartphone or tablet) and internet access. Any connection costs (mobile plan, data, etc.) are borne by the User. It is the User's responsibility to ensure that their technical configuration and environment (updated operating system, etc.) are compatible with PickUp Go. The Publisher cannot be held liable if the Application proves incompatible or functions in a degraded manner due to the User's equipment or settings.

3.3. Download

The Application is available for free download on the App Store (iOS) and the Google Play Store (Android). The downloading of the Application may be subject to the conditions of the download platforms, which the User also agrees to respect. Full access to PickUp Go Services requires the subscription to a plan as defined in Article 5 below.

Article 4 - Account Creation and Registration

4.1. Account Opening

Use of PickUp Go Services requires the creation of a User account. Upon first opening the Application, the User must register by providing the required information (professional email address, phone number, full name or company name, company information if applicable). The User agrees to provide accurate, complete, and up-to-date information. The use of pseudonyms or misleading information is prohibited.

4.2. Confidentiality of Credentials

Upon account creation, the User chooses a password. These credentials are personal, confidential, and the responsibility of the User. It is the User's responsibility to ensure the security and confidentiality of their password and not to disclose it to third parties. Each User account is individual: it must not be shared or transferred to another person. The User is responsible for any activity or action performed via their account. In the event of unauthorized use of their account or suspicion of a security breach of their credentials, the User must immediately inform the Publisher at support@pickupgo.cloud.

4.3. Eligibility

By creating an account, the User certifies that they are at least 18 years old and have the full legal capacity to contract and use the Application within the scope of their professional activity. If representing a legal entity (e.g., manager of a transport company), they guarantee they are authorized to bind said legal entity. The Publisher reserves the right to request any proof verifying the User's professional status (e.g., SIRET number, transport license, etc.) and to suspend or delete the account if the User does not meet the eligibility criteria.

Article 5 - Subscription and Financial Terms

5.1. Principle of Subscription

PickUp Go operates on the basis of a paid monthly subscription, granting access to all Application Services. The subscription is purchased directly via the download platform used by the User (App Store for iOS or Google Play for Android) using the In-App Purchase system. Subscription rates, expressed in Euros inclusive of all taxes, are displayed on the subscription page at the time of purchase. By subscribing, the User agrees to pay the indicated price on a recurring basis.

5.2. Duration and Automatic Renewal

The Subscription is concluded for a monthly duration starting from the date of subscription, with automatic renewal for successive one-month periods. This means that, unless terminated by the User under the conditions of Article 6 below, the subscription will be automatically renewed each month on the anniversary date of the subscription, for an additional month, at the rate then in effect.

5.3. Billing and Payment

Payment of the monthly Subscription is managed exclusively by the platform (App Store or Google Play) according to the payment method associated with the User's account on said platform. No payment information (credit card number, etc.) is collected or processed directly by the Publisher. The subscription amount is debited at the initiative of the platform, on the monthly renewal date. In case of payment failure (e.g., expired card, insufficient funds), the Application may no longer be accessible in subscriber mode until regularization.

5.4. Free Trial Period

The subscription may be offered with a free trial period. In this case, specific terms (duration of the trial, automatic billing after the trial, etc.) will be specified upon subscription. The User may cancel their subscription at any time during the trial period without being charged.

5.5. No Long-Term Commitment

The User is not committed to a fixed term beyond the current month. They may decide to terminate the Subscription at any time, in accordance with the provisions of Article 6.

5.6. Modification of Subscription Price

The Publisher reserves the right to modify the Subscription price. In the event of an increase in the monthly rate, the User will be informed in advance (by any appropriate means, for example via a message in the Application or a notification from the Apple/Google platform). The User will have the opportunity to terminate the Subscription before the new rate applies. Failing termination, the new rate will be deemed accepted and will be applied at the next monthly maturity date.

Article 6 - Termination of Subscription and Unsubscribing

6.1. Termination by the User (Unsubscribing)

The User may stop the automatic renewal of their monthly Subscription at any time. Termination of the subscription (referred to as "unsubscribing") must be performed via the User's account settings on the download platform used (App Store or Google Play), in accordance with the procedures provided by Apple or Google:

• On iOS: Settings > [Your Name] > Subscriptions > PickUp Go > Cancel Subscription.
• On Android: Google Play Store > Menu > Subscriptions > PickUp Go > Cancel Subscription.

Once the unsubscribe request is made, the Subscription will remain active until the end of the current monthly period, and will then not be renewed. No termination fees apply.

6.2. No Pro-Rata Refund

In the event of unsubscribing during the month, the User retains access to the Services until the monthly maturity date, but cannot claim any partial refund for the period remaining until this date. The principle of the monthly subscription implies that any period commenced is due in full.

6.3. Termination/Suspension by the Publisher

In the event of a breach by the User of these Terms, particularly in case of non-compliance with the rules of use (Article 8) or violation of laws, the Publisher reserves the right to temporarily suspend the User's access to the Application, or to terminate the Subscription by right with immediate effect and deactivate the User's account, without refund of sums already paid.

6.4. Consequences of End of Subscription

In the event of termination or expiration of the Subscription, for whatever reason, the User loses access to the paid Services of PickUp Go. The User is informed that deleting the Application from their device or deleting their account does not automatically result in the termination of the paid subscription: they must imperatively unsubscribe via the App Store or Google Play to stop monthly debits.

Article 7 - Deletion of User Account

7.1. Deletion Request by User

The User may decide to delete their PickUp Go account and associated data at any time. This account deletion request can be made:

• From the Application: Settings > My Account > Delete my account;
• By email: By contacting support@pickupgo.cloud.

The Publisher undertakes to process any deletion request within a reasonable time and to confirm to the User that their request has been taken into account. Account deletion results in the deactivation of the User's access to the Application and the processing of their personal data in accordance with the Privacy Policy.

7.2. Warning - Active Subscription

As indicated in Article 6.4, deleting an account does not result in the automatic stop of the paid Subscription purchased via Apple or Google. It is the User's responsibility to unsubscribe beforehand via the download platform if they no longer wish to be charged. The Publisher strongly recommends that the User checks the status of their subscription in their Apple/Google account settings before proceeding with the permanent deletion of their PickUp Go account.

7.3. Deletion or Deactivation by the Publisher

The Publisher reserves the right to delete a User account in the event of prolonged inactivity (beyond 24 months without login, subject to prior notification to the User), or in the event of permanent discontinuation of the PickUp Go service.

Article 8 - Use of the Application - User Obligations

By accessing the Application and Services, the User agrees to respect the following rules of use:

• Use Consistent with Purpose: The User shall use the Application solely for the intended purposes, namely the management of their professional driver activity. They are prohibited from diverting the Application from its intended professional use.
• Legality of Activities: The User agrees not to use PickUp Go to facilitate or commit acts contrary to the law, public order, or morality. The User is solely responsible for compliance with regulations applicable to their driver activity (tax and social obligations, transport licenses, insurance, Highway Code, etc.).
• Road Safety: The User agrees to use the Application safely. PickUp Go must never be used while driving a moving vehicle if such use distracts the driver's attention. The Publisher cannot be held liable for accidents or offenses committed due to inappropriate use of the Application while driving.
• Respect for Application Integrity: The User agrees not to compromise the technical integrity of the Application. Specifically prohibited are: any attempt to gain unauthorized access to the Publisher's systems, any introduction of viruses, or any action aimed at harming the Application's performance.
• User-Provided Content: The User remains the owner of the content and data they enter into the Application. It is their responsibility to enter only relevant and lawful information, and to ensure they have the right to use and process it.
• Confidentiality and Respect for Third Parties: The User agrees to respect the confidentiality of information they may access via the Application and not to use the Application to store or share third-party personal data without appropriate authorization.

In case of non-compliance with any of these obligations, the User exposes themselves to the sanctions provided for in Article 9.

Article 9 - Non-Compliance with Terms and Sanctions

9.1. Reporting Abuse

If the User notices a violation of these Terms, they are invited to inform the Publisher via support@pickupgo.cloud. The Publisher will examine the situation and take measures it deems necessary.

9.2. User Breaches

The following constitute serious violations of the Terms capable of resulting in immediate sanctions:

• Providing false information during account creation;
• Non-compliance with the Publisher's intellectual property rights (Article 10);
• Diversion of Services from their intended use;
• Any attempt at fraud or circumvention of the subscription system;
• Acts aimed at harming the Application or servers;
• Involvement of the Application in illegal activity.

9.3. Applicable Sanctions

In the event of a breach of the Terms, the Publisher may take any appropriate measure, including: warning, temporary suspension of access, or immediate account deactivation and termination of the Subscription for serious misconduct, without refund of sums already paid.

Article 10 - Intellectual Property

10.1. Publisher's Property

The PickUp Go Application, its logo, brand, trade name, content (software, source codes, design, interfaces, texts, images, graphics, etc.), and all elements composing it are the exclusive property of the Publisher. They are protected by copyright, trademark law, and any other intellectual property right in force.

Subscribing to a plan does not entail any transfer of intellectual property to the User. The Publisher grants the User a personal, non-exclusive, non-transferable, and revocable license to use the Application, strictly limited to the User's needs within the scope of their professional activity, for the duration of their subscription.

10.2. Prohibitions

Without prior written authorization from the Publisher, the User agrees not to:

• Reproduce, copy, distribute, modify, or reuse all or part of the Application;
• Disassemble, decompile, or proceed with "reverse engineering" of the source code;
• Circumvent or deactivate technical protection measures;
• Use the Application to develop a competing product;
• Use automated tools to access the Application or collect data.

10.3. Third-Party Content

Certain elements integrated into the Application may come from third parties (software libraries, mapping APIs, flight tracking services, etc.) and be protected by intellectual property rights belonging to these third parties. The User agrees to respect the licenses or terms of use attached to these third-party components.

Article 11 - Personal Data and Privacy

11.1. Data Collection and Processing

Within the scope of using the Application, the Publisher collects and processes certain personal data of the User, specifically: identification and contact data, professional information, ride history, and data related to clients and passengers recorded by the User.

These data are collected and processed in accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act (Loi Informatique et Libertés). For more details on collected data, processing purposes, User rights, and security measures, the User is invited to consult the Application's Privacy Policy, accessible from the Application and at pickupgo.cloud/privacy.

11.2. Device Permissions

The Application may request access to certain features of the User's device:

• Location: For route calculation and GPS navigation;
• Notifications: For ride reminders and flight tracking alerts.

The User may manage these permissions at any time in their device settings.

11.3. Third-Party Services

The Application uses third-party services to provide certain features (mapping, flight tracking, push notifications). These third-party services have their own privacy policies. The list of third-party services used is available in the Privacy Policy.

11.4. User Rights

In accordance with the GDPR, the User has a right of access, rectification, erasure, limitation, portability, and opposition regarding their personal data. These rights may be exercised by contacting the Publisher at support@pickupgo.cloud or via the account deletion feature in the Application.

Article 12 - Limitation of Publisher's Liability

12.1. Access and Operation

The Publisher agrees to use all reasonable care for the maintenance and proper functioning of the Application. However, the Application and Services are provided "as is". The Publisher does not guarantee that the Application will function uninterruptedly or without error. Access to the Application may be temporarily suspended for technical maintenance, updates, or in the event of technical problems beyond the Publisher's control.

12.2. Use of the Application

The Publisher shall under no circumstances be held liable for indirect damages that the User may suffer due to the use or inability to use the Application (loss of turnover, loss of contracts, loss of data, reputational damage, etc.). The Publisher's total liability shall be limited to the amount of sums actually paid by the User for their Subscription over the last 12 months.

12.3. Relationship between Users and Third Parties

The Publisher is not a party to contractual or commercial relationships that may be formed between the User and third parties via the Application. The User uses the Application as a management tool and remains entirely responsible for their obligations towards third parties (clients, partners, etc.).

12.4. Content and Legality of Information

The Publisher does not exercise control over the information the User enters via the Application. The User is solely responsible for the accuracy of the information they provide and the documents they generate via PickUp Go (invoices, quotes, etc.). The Application is an aid tool that does not exempt the User from complying with their legal and regulatory obligations.

12.5. Force Majeure

The Publisher cannot be held liable in the event of failure to fulfill its obligations resulting from a case of force majeure as defined by Article 1218 of the French Civil Code (natural disasters, network failures, wars, pandemics, government acts, etc.).

Article 13 - Modifications to Terms

13.1. Evolution of the Application

The Publisher reserves the right to evolve the Application and Services, specifically by adding new features, or modifying or deleting certain features.

13.2. Update of Terms

The Publisher may modify these Terms at any time. The User will be informed of any substantial modification by notification in the Application or by email. The date of the last update appears at the beginning of the document.

13.3. Acceptance of New Conditions

If the User continues to use the Application after the effective date of the modified Terms, they will be deemed to have accepted these modifications. If the User does not approve the changes, they must cease using the Application and terminate their Subscription.

Article 14 - Governing Law and Dispute Resolution

14.1. Governing Law

These Terms are subject to French law. They are drafted in French (references herein are translations); the French language version shall prevail in the event of a dispute. As the Application is reserved for professionals, the consumer protection regime is not applicable.

14.2. Amicable Resolution Attempt

In the event of a dispute regarding these Terms or the use of the Application, the User is invited to contact the Publisher first at support@pickupgo.cloud in order to attempt to find an amicable solution.

14.3. Jurisdiction

Failing amicable resolution within a reasonable time, any dispute will be submitted to the exclusive jurisdiction of the courts within the jurisdiction of the Publisher's registered office (Antibes, France).

14.4. Partial Nullity

If any of the stipulations of these Terms were declared null by a final court decision, it would be deemed unwritten, without affecting the validity of the other stipulations.

Article 15 - Contact

For any questions regarding these Terms or the use of the PickUp Go Application, you may contact the Publisher:

SAS Cactus
Email: support@pickupgo.cloud
Address: 1055 Chemin de Rabiac Estagnol, 06600 Antibes, France

Conclusion: By accepting these General Terms and Conditions of Use, the User acknowledges having read and understood all of their provisions, and agrees to respect them. These Terms constitute the entire agreement between the User and the Publisher regarding the use of the PickUp Go Application.