This English version is provided for convenience only. In the event of any discrepancy or dispute, the French version prevails and alone is legally binding.
1. Preamble and scope
These General Terms of Use (hereinafter the "Terms of Use") set out the terms and conditions governing access to and use of the website movyx.fr (hereinafter the "Site"), published by MOVYX (see the Legal notice), together with the rights and obligations of the users of the Site (hereinafter the "User" or "you").
These Terms of Use apply to browsing the Site as a visitor, to any demonstration or free trial request, and more generally to any interaction with the Site outside the scope of a paid Subscription to the MOVYX platform.
These Terms of Use are distinct from the General Terms of Sale and Use ("General Terms of Sale"), which specifically govern the provision and contractual use of the MOVYX software platform by a subscribed Customer. Where a Subscription is taken out, the General Terms of Sale prevail for all matters relating to the use of the Service.
2. Acceptance of the Terms of Use
Merely browsing the Site constitutes full and unreserved acceptance of these Terms of Use by the User. If you do not accept these Terms of Use, you are invited not to use the Site.
3. Access to the Site
The Site is accessible free of charge to any User with Internet access. All costs required to access the Site (computer equipment, Internet connection, etc.) are borne exclusively by the User.
MOVYX uses its best efforts to keep the Site accessible 24 hours a day, 7 days a week, except in cases of force majeure, and reserves the right to interrupt, temporarily suspend or modify access to all or part of the Site without notice, in particular for maintenance operations.
4. Demonstration request and free trial
The Site allows any interested professional to request a demonstration of the MOVYX platform or to create a free trial account, using the forms made available on the Site.
These forms must be completed with accurate and up-to-date information. MOVYX reserves the right to refuse any request that is manifestly abusive, fraudulent or not related to professional use.
The specific conditions applicable to the free trial period (duration, limits, fate of the data at its end) are described in Article 7 of the General Terms of Sale, which apply as soon as a trial account is created.
5. Customer and User accounts
Access to the MOVYX platform itself (beyond the showcase Site), whether as part of a free trial or a paid Subscription, is governed by the General Terms of Sale, in particular with regard to account creation, login credentials and the associated responsibilities.
6. Obligations of the User
By using the Site, the User undertakes to:
- provide accurate, complete and up-to-date information in the forms on the Site;
- not use the Site for unlawful or fraudulent purposes or in a manner contrary to these Terms of Use;
- not impair the proper functioning of the Site, in particular by introducing viruses, bots or any process likely to disrupt its normal operation;
- not attempt to access areas or features of the Site that the User is not authorised to access;
- not extract, copy or substantially reuse the content of the Site without authorisation.
7. Intellectual property
All elements making up the Site (texts, graphics, logos, icons, images, structure, source code, trademarks, including in particular "MOVYX") are protected by the French Intellectual Property Code and remain the exclusive property of MOVYX or its licensors, as specified in the Legal notice.
Nothing in these Terms of Use shall be construed as transferring any intellectual property right whatsoever to the User.
8. Hyperlinks and third-party content
The Site may contain links to third-party websites. MOVYX has no control over these sites and disclaims all liability for their content, their availability or the practices they implement.
9. Availability of the Site
The showcase Site movyx.fr is provided for information and promotional purposes, without any contractual availability commitment. The availability commitments of the MOVYX platform applicable to subscribed Customers are set out in Article 14 and Schedule 2 of the General Terms of Sale.
10. Liability
MOVYX endeavours to ensure that the information published on the Site is accurate and up to date, but cannot guarantee its completeness or the absence of errors. The information on the Site is provided for guidance only and shall not give rise to any liability on the part of MOVYX.
MOVYX shall not be held liable for any direct or indirect damage resulting from access to or use of the Site, including inaccessibility, loss of data or the presence of viruses, except in the event of proven fault on its part.
11. Personal data and cookies
The processing of personal data collected through the Site and the use of cookies are described in the Privacy policy, which forms an integral part of these Terms of Use.
12. Amendment of the Terms of Use
MOVYX reserves the right to amend these Terms of Use at any time, in particular to adapt them to changes to the Site or to the applicable regulations. The applicable version is the one published on the Site on the date of consultation.
13. Governing law and jurisdiction
These Terms of Use are governed by French law. In the event of a dispute and failing an amicable settlement, the competent courts shall be those of the jurisdiction of the registered office of MOVYX, subject to the applicable mandatory rules of jurisdiction.
14. Contact
For any question regarding these Terms of Use, you may contact us at: contact@movyx.fr.