1. Mobilosoft grants the Client a right of access to the Local Campaign application in the Platform which allows to manage, publish and measure advertising campaigns through technological interfaces with partner media, such as Google and Facebook. The availability of new media partners may change over time depending on market trends. Mobilosoft reserves the right to add or remove new partner media on the Local Campaign application.

2. The Client is solely responsible for the creation of the organic or paid campaigns, and for putting the campaigns online on the selected partner media. The Client will use this access right alone to the exclusion of any third party. The Customer alone is responsible for the content or data provided associated with its campaigns. The Customer agrees that the advertising campaigns will be published on its own accounts (i.e. accounts that are in the name of the Customer or its franchisees if applicable) of the partner media, such as its Facebook account or Google My Business account. The Client acknowledges that it has received the necessary training materials on the Local Campaign application to operate organic or paid advertising campaigns. Any complaint regarding the training material and documents delivered by Mobilosoft to the Client must be reported to Mobilosoft in writing and be duly justified by the Client. Mobilosoft undertakes to respond to the Customer within 5 working days.

3. Acceptance of the General Conditions of Use does not confer on Mobilosoft any right on the intellectual property of the Customer, and in particular on his catalog of visuals, products or creative support, which remains the full and exclusive property of the Customer.

4. The Customer acknowledges that the technical functioning of the Platform depends on the computer interfacing with the partner media, called API (Application Programming Interface). The Customer acknowledges and agrees that the use of API by Mobilosoft is subject to technical constraints imposed by the partner media, including a maximum frequency of change and a maximum number of operations allowed, that these constraints may change over time at the sole discretion of the partner media, and that the use of the API may be on all or part of the partner media. The Customer acknowledges and accepts that according to the technical and financial constraints imposed by the partner media, Mobilosoft imposes on the Customer technical and usage constraints that Mobilosoft may modify at its sole discretion. Mobilosoft undertakes to communicate to the Customer any modifications to its Platform due to the constraints imposed by the partner media.

5. The Customer acknowledges and accepts that malfunctions of the API may lead to unavailability of all or part of the functionalities of the environment and discharges Mobilosoft of any responsibility in this respect. Any unavailability of all or part of the data induces malfunctions of the functionalities of the Platform and discharges Mobilosoft of any responsibility in this respect.

6. The Customer is aware of the variable and intermittent nature of Internet technology. It is expressly agreed that Mobilosoft has an obligation of means. In this respect, Mobilosoft cannot be held responsible in case of refusal of a campaign on a partner media. Unless otherwise expressly stipulated, Mobilosoft is only bound by an obligation of means and is in no way liable for indirect damages suffered by the Customer such as loss of clientele, loss of earnings, decrease in turnover or any other increase in overheads. Mobilosoft is in no way responsible for direct or indirect damages suffered by the Customer as a result of errors in the implementation of the advertising campaigns, given that Mobilosoft is not directly involved in the management of the advertising campaigns.

7. The volume of clicks or conversions are given as an indication and do not commit Mobilosoft. Exceeding the deadlines for the delivery of the volume of clicks or conversions cannot lead to the termination of the contract or the payment of any compensation. These deadlines for the delivery of results by Mobilosoft are extended by any event beyond its control that makes the execution of its services impossible or difficult, and this for as long as this event lasts, including technical or computer problems. These fortuitous delays do not authorize the Customer to cancel his order or to claim any compensation from Mobilosoft.

8. In return for access to the Local Campaign application for the publication of paid advertising campaigns with partner media, the Customer agrees to pay a technical management fee of 15% of the amount of the advertising campaigns, excluding VAT. The technical management fee is invoiced and paid by the Client before the media amounts are made available on the Platform in the virtual wallet (called “Wallet” in the Platform). The amounts of the advertising campaigns in the virtual wallet of the Customer are exclusive of VAT and technical management fee.

In the event of advertising campaigns paid by the managers of points of sale, Mobilosoft establishes an invoice, in the name of the manager’s company, available online on the Platform. No advertising campaign is published without an advance payment of the amount of the advertising campaign.

In the event of the conclusion of a License Agreement between the Customer and Mobilosoft, the Customer is in no way jointly and severally responsible or liable for the respect of the obligations of the managers of points of sale to whom the Customer has given access to the Platform. It is the responsibility of the sales outlet managers to charge the amounts necessary for the publication of a campaign on the Local Campaign application using the online payment module. In the event that the Client or the point of sale manager wishes to charge an amount for the publication of a campaign for one or more points of sale, Mobilosoft will invoice the Client (or the point of sale manager) for the amount of the media concerned and the technical management fee. As soon as the invoice is paid by the Customer (or the Point of Sale Manager) and the invoice amount is received by Mobilosoft, Mobilosoft will charge the advertising media amounts to the individual virtual portfolio of the Point of Sale Managers.

All taxes as well as all costs that have not been included or mentioned in the aforementioned tariffs or prices will be charged to the Customer.

The Customer acknowledges that the amounts of the advertising campaigns on the partner media include a margin of error of the amount spent of about 5% of the amount to be spent. Since the amount of the Customer’s virtual wallet cannot be negative, Mobilosoft reserves the right to keep 5% of the amount to be spent on the Customer’s virtual wallet. If the amount spent on the advertising campaign is higher than the amount of the media budget available on the virtual wallet, the Customer agrees that Mobilosoft will charge the media budget necessary to cover the actual advertising expenses.

At the end of a paid advertising campaign, the amount of the campaign that has not been spent is available in the virtual wallet for future campaigns.

Since the Google ad campaigns activated on the Platform are operated on the Customer’s Google MCC, the Customer may not modify an ad campaign operated by my.mobilosoft via the Google MCC. Any modification of an advertising campaign must be made on the Platform. If the Client modifies an advertising campaign operated by my.mobilosoft via its Google MCC, the modified media amount of the entire campaign on the Google MCC will be invoiced to the Client in its entirety, plus an administrative and financial management penalty of 35% of the media amount.