TCU

1. Preamble – definitions

The terms below have the following meanings:

Post: all items and data (visual data, text, audio, photos, drawings), published by a User under their own editorial responsibility and broadcast on the Platform.

Account: the space on the Platform reserved for the User and adapted to their profile (Office Manager / Ambassador/ Occupant / Visitor). An account may display several buildings and have different Rights and access conditions to different modules depending on the building. The accounts allow Users to access the features and services offered, depending on their Rights profile.

Client Company: the natural or legal person linked to the Company by a contract (lease, service provision contract) which governs how the Client Company occupies the building.

Rights: rights relating to the viewing, publication, access to content or extraction of content, or use of certain services or features of the platform allocated to each User depending on their profile (Office Manager / Ambassador / Occupant / Visitor).

Company: means:

1- In the event that the User or its Client Company is a client of WELLIO respectively “WELLIO France” or “WELLIO Italy”.

• WELLIO, Société en Nom Collectif, registered with the Paris Trade and Companies Register under number 832 117 402 (contact: communication@covivio.fr /30, avenue Kléber, 75116 Paris/ + 33 (01) 58 97 50 00).
• Wellio Italy S.r.l., registered in Milan under number 1203387100 402 (contact: wellioitalysrl@legalmail.it / via Carlo Ottavio Cornaggia, 10 – 20121 Milan / + 39 (02) 3664100).

2- If the User or his Client Company is a client of COVIVIO

• Covivio SA, registered in the METZ Trade and Companies Register under number R.C.S: METZ B364800060 (contact: communication@covivio.fr /30, avenue Kléber, 75116 Paris/ + 33 (01) 58 97 50 00).
• Covivio SA – Subsidiary in Italy, tax code and company registration number 97675300583, VAT 10556370962 (“COVIVIO”) (contact: covivio.it@legalmail.it / via Carlo Ottavio Cornaggia, 10 – 20121 Milan / + 39 (02) 3664100).

3- In other cases, if the User or his Client Company is not a Client of WELLIO France or WELLIO Italy, it is the company owning the building using the platform (contact: communication@covivio.fr /30, avenue Kléber, 75116 Paris/ + 33 (01) 58 97 50 00).

WITCO: the company which publishes the Platform, a simplified joint stock company with a capital of €125, listed in the Paris companies register under number 820 950 103, whose registered office is at 146 boulevard de Grenelle Paris (75015) (“WITCO”).

Partners: third-party companies which offer Users who so wish Partner Services through the Platform.

Platform: the platform which groups services and modules made available to Users. This Platform is hosted by WITCO, on behalf of the Company. Users access the Platform either through a dedicated URL or the Company app downloaded from iOS and Android stores.

Partner Services: a group of services or provisions offered to Users which are not provided directly by the Company. These services were or are covered by a contract between the Partner and the Company and/or the User.

Site: refers to the website accessible from https://wellio.witco.app/auth/login, enabling Users to access the Platform via the Internet.

User: any natural or legal person who uses the Platform. There are four three of external User profiles:

• Occupant, Office Manager and Ambassador profiles: refers to any user occupying a building on which the Platform is deployed. The Client Company to which they are attached have signed a contract with Wellio, Covivio or the company owning the building on which the Platform is deployed.
• Visitor profiles: refers to any user who is not attached to any Client Company but who has access to part of the Services.

Company internal users or Company contractors: refers to Company personnel or personnel of Company providers.

2. INFORMATION ON PROCESSING OF PERSONAL DATA

The provisions relating to the protection of personal data as derived from the laws and regulations are accessible on the Privacy Policy. The provisions of the TCU apply concurrently with the Privacy Policy.

3. GENERAL TERMS OF USE

3.1. PURPOSE

These General Terms of Use govern relations between the Company and the Users who would like to use the services offered by the Platform as well as, where applicable, Partner Services.

By way of derogation from article 1186 of the Civil Code, this Platform, made available to the User by the Company, is deemed severable from any commercial lease, provision agreement or services contract concluded or which may subsequently be concluded between the User or their Client Company and the Company or any company controlled by the latter in the sense of article L 233-3 of the French Commercial Code, so that the provision of the Platform constitutes an autonomous and independent provision granted free of charge.

In the event of access to the platform being suspended or stopped definitively, for whatever reason, the commercial lease, provision agreement or any services provision contract linking the User or their Client Company to the Company or to any company controlled by the latter will remain and the Company shall not be held liable in this respect.

3.2. ACCEPTANCE

These General Terms of Use are therefore fully binding for Users.

The Company reserves the right, at its sole discretion and at any time, to modify, add to or delete all or part of these General Terms of Use. In this case, the User will be invited to read the new General Terms of Use and must once again tick the aforementioned box.

3.3. PURPOSE OF SERVICES

The Platform helps:

• Improve communication within the building (information, events, reporting and monitoring of incidents, plan, maintenance issues) ;
• Encourage the creation of a community (photos of people, internal Messenger, forum and posts) ;
• Make services available (for example reservation of areas, virtual pass, online payment and digital wallet) and, where applicable, Partner Services ;
• Make the link with our customer relationship management software, and to do this, ensure correct invoicing of services ;
• The Company to manage its buildings better, access statistics on the management and use of the building, carry out User satisfaction surveys and get an overview of the services offered to Users.

4. ACCESS TO THE PLATFORM

4.1. Technical resources

Access to the Platform is over the internet via a computer, tablet and/or mobile phone with the necessary compatibility and security. All costs relating to access to the Platform, such as the costs of equipment, software and internet access, are exclusively the responsibility of the User. It is the responsibility of the User to find out about the prices charged by their fixed-line or mobile supplier, and of any roaming charges when travelling abroad.

In this respect, and as a User, the latter recognizes that:

• They have the necessary means and competence to access and use the Platform (compatible browsers: current and previous two versions of Chrome, Safari, Firefox, Internet Explorer, etc.);
• They have checked that their equipment does not contain any virus and that it is in perfect working order;
• They have been informed that the Platform is, in theory, accessible 24/7, except during maintenance periods, in cases of force majeure, IT or technical difficulties, or issues related to telecommunications networks.

The Company and WITCO shall not be held liable for factors outside their control and damages which may be suffered by the User’s technical environment and notably their computers, software, network equipment and any other equipment involved in accessing or using the Platform and/or the information contained on it.

4.2. Technical assistance

The User may contact the support department and get technical assistance by writing to: support@monbuilding.com, Monday to Friday, 10 am to 6 pm, except on French legal holidays.

5. PASSWORD AND SECURITY

Access to the Platform is reserved for Users and is achieved by entering your username (User’s e-mail address) and password.

The password is personal and confidential. It is the User’s sole responsibility. Users commit to not revealing it to third parties, in whatever form, and to taking all the necessary precautions to prevent third parties from accessing it. If Users forget their password, they can choose another one by clicking on “I’ve forgotten my password”.

Users commit to immediately informing the support department in the event of loss or theft of their password, by sending an e-mail to support@monbuilding.com.
Otherwise, and without proof to the contrary, any connection or communication of orders or data carried out using the password will be taken as coming from the User and as being their sole responsibility.

Users may, at any time, request the cancellation of their Account by sending an e-mail to support@monbuilding.com.

6. ACCOUNT

The Platform is exclusively reserved for Users with an active account.
Occupant or Visitor accounts may be created at any time by entering surname, given name and email, and by choosing a password and accepting these General Terms of Use. The status of Occupant may be granted to Users if they enter the unique TOKEN of their Client Company in the relevant box, and their request is approved by the Ambassador/ of the Client Company.

An Office Manager or Ambassador account may be created only when endorsed by the Company. The activation of the account will require a password to be chosen by the Office Manager or Ambassador and the acceptance of these GTU.

7. DESCRIPTION OF THE PLATFORM’S SERVICES

Users may access, via the Platform, the features listed below, and choose those they would like to use. Certain features may change or be removed, and certain new ones may appear.

Furthermore, the Company may serve as an interface for Partner Services, thus increasing the list of available features. Finally, certain features are particular to certain buildings.
Depending on their Rights, there are variations in how much a User can view or do.

In the Information section:

• Consult and participate in the building’s current affairs
• Add and view events
• Report incidents to Company:

1. Report incidents depending on their characteristics (urgent or not, type of incident, communal area or not, etc.)
2. Rate how the incident is dealt with
3. Monitor incident declarations (approval taken into account, date of action, resolution)

• View headshot photos for building
• View emergency contacts
• View building’s useful documents

In the Services section:

• Access the system for reserving available resources

1. View schedule for availability of areas
2. Reservation system

• Access to a Market Place:

1. Access services and/or articles offered by the Company or Partners
2. Reserve services and pay for them using the Digital Wallet in connection with an online secure payment system (Payzen, Stripe, etc.)

• Digital Wallet:

1. Pay, via the Platform, for services available in the building (reservation of rooms, sports lessons, purchase of printing credits etc.) or, for example, contactless payment (cafeteria, ATM, etc.)
2. View balance and spending per type of service, add credit via the Platform (one-off or recurring)
3. Access Partner Services

In the Exchange section:

• View and participate in forums
• View and respond to posts
• Messenger, to contact other Occupant profiles in the building, the front desk or building manager
• Publish news which may be seen by all Occupants

In the “My Profile” section:

• Access to User Account: management of personal information, notifications, and password

In the “Administration” section (for Office Manager or Ambassador profiles):

• View the “Administration” tab with:

1. Management of access and rights of Office Managers linked to the same Client Company as the Ambassador (particularly on credit and amounts outstanding of their company)
2. Payment of rent or of co-working contract online where applicable if the Company has put this feature in place
3. Access to personal documents and documents of the Client Company by approved profiles (Ambassador

In the Language & Support section:

• Choose language
• Applicable General Terms of Use
• Report abuse
• Contact support department

8. USING THE PLATFORM

The User guarantees that they hold all the rights (particularly intellectual property rights) or that they have obtained all the necessary authorizations for the publication of their Post and more generally of the content that they publish on the Platform.

The User guarantees that the Post does not contravene any regulation in force (in particular regulations regarding advertising, competition, sales promotion, the use of Personal Data, and the prohibition of the sale of certain goods or services), or any rights of third parties (particularly intellectual property and personality rights) and that it does not include any message that is defamatory or detrimental to third parties.

Therefore, the user undertakes in particular to ensure that the message does not contain:

• Any inaccurate, false or deceitful information, or information that is likely to mislead Users
• Any defamatory, slanderous, or libelous comment, or comments that are likely to harm the interests and/or image of the Company, WITCO or of any third party
• Any content liable to harm third party intellectual property rights, any content which is obscene, pornographic, pedophilic, indecent, shocking, violent, xenophobic, discriminatory or which incites violence/racial, religious, or ethnic hatred, and more generally anything that violates public order or morality.

Users assume full editorial responsibility for the content of their Posts.
Consequently, the User releases the Company and witco from all liabilities, protects them against any claim, in relation to the Post, which could be made against the latter by any third party, and will pay any damages and interest as well as costs they may be ordered or be expected to pay by a settlement agreement signed by the latter with this third party, notwithstanding any damages that the Company and/or WITCO may claim for the torts/delicts of the User.

When making any Post, every User recognizes and accepts that the Company may delete, or refuse, at any time and without compensation, a Post which contravenes, in particular, French law, broadcast rules previously stated in the GENERAL TERMS OF USEand/or which is likely to infringe the rights of third parties.

Every User of the Platform hereby undertakes most notably to refrain from:

• Using or searching the Platform on behalf of someone else
• Extracting, for commercial or other purposes, all or part of the Posts on the Platform
• Incorporating all or part of the Platform’s content into a third-party site or application, for commercial or other purposes
• Reproducing on any other medium, for commercial or other purposes, all or part of the Posts on the Platform, in such a way as to reconstitute all or part of the original files

The Ambassador may use the information on the occupation of the building by its Client Company (lease or contract with the Company, invoices etc.) deliberately provided, for download, by the Company, insofar as (1) it uses this information for its personal use and for non-commercial purposes and does not disseminate it in any media (2), it does not modify this information and (3) it does not provide any commitment or guarantee regarding the content of these documents.

The User also promises that its Account will not contain:

• Any false and/or misleading information
• Any information infringing the rights of a third party

By creating an Account, every User recognizes and accepts that the Company may delete, at any time, without compensation or right to reimbursement of the sums committed by the User, an account which contravenes, notably, French law and/or dissemination rules set by the Company and most notably those stated in the General Terms of Use.

The Company may divulge all information held about the User (including information sent by the User via the Platform) if it believes that such disclosure is necessary due to the existence of an enquiry or complaint concerning the use of the Platform or to identify, contact or bring proceedings against a person suspected of prejudicing, or interfering with, voluntarily or otherwise, the rights or property of the Company, Users or third parties.

The Company reserves the right to divulge any content or electronic communication of whatsoever kind to comply with any law, regulation or administrative requirement; or if this disclosure is necessary or justified for the proper functioning of the Platform.

In the event of legal action being taken against a User following an infraction on their part of these General Terms of Use, the User shall bear the costs of all the Company’s expenses, in addition to all other reparations granted to the Company on this occasion.

9. INTELLECTUAL PROPERTY – HYPERTEXT LINKS – ADVERTISEMENTS POSTS – PROTECTION OF THE PLATFORM AND OF DATABASES

9.1. Intellectual property

All the intellectual property rights (such as royalties, ancillary rights, rights of brands, rights of database producers) relating to both the structure and content of the Platform and in particular the images, sounds, videos, photographs, logotypes, brands, the graphic, text- and visual elements, tools, software, documents, data, etc. (hereafter collectively referred to as “Elements”) are protected by intellectual property and/or industrial laws in force as well as by other private rights, particularly the sui generis right of the database producer.

Under no circumstances do these General Terms of Use entail the transfer of intellectual property rights relating to the Elements to the User for his/her benefit.
Users are prohibited from copying, modifying, creating a derivative work, reversing the design or assembly, or from trying to find the source code in any other way, and from selling, attributing, sublicensing, or transferring in any way whatsoever any right pertaining to the Elements.

Any reproduction, representation, dissemination, or re-dissemination, in full or in part, of the Platform’s content on whatsoever medium or using whatsoever procedure for purposes other than those set out herein is likely to constitute an act of counterfeit, unfair competition or parasitism, or to infringe the image rights of a third-party and may be the subject of civil and criminal proceedings brought by the persons or eligible parties concerned.

9.2. Hypertext links

The Platform may contain hypertext links which redirect to content from third parties or internet sites operated by third parties (particularly Partners). These links are supplied solely for information purposes. Neither the Company, nor WITCO is responsible for the quality or accuracy of this content or of these websites. The User waives all appeals or action against WITCO and the Company regarding the damages that could result from use of these sites or of the services they offer. The decision to activate these links is entirely the responsibility of the User.

No hypertext link may connect to the Site without the prior and express consent of the Company. If an internet user or a legal person would like to create, from their site, a hypertext link to the Site, using whatsoever medium, they must first contact the Company by sending an e-mail to the following address: communication@covivio.fr. A no reply from the Company shall be interpreted as a refusal.

9.3. Advertisement Posts

The content of the Posts is the responsibility of the Users who posted them on the Platform. By making a Post on the Platform, the User grants the Company the worldwide non-exclusive, transferable, sublicensable, free of charge operating right with a bearing on (i) all of the content of the Posts and particularly on photographs, texts, videos, illustrations, brands, logos, titles (hereafter the “Content”), as they are published on the Platform, and (ii) a license on all of the intellectual property rights pertaining to the Content and notably on the royalties on the elements used in their Post, such as photographs, texts, videos, sketches, illustrations, audio elements, for the entire legal duration of their intellectual property rights and on a worldwide basis.

The rights thus granted include the right to reproduce, represent, disseminate, adapt, modify, produce a derivative work, translate all or part of the Content by any means, in any form and on any medium (digital, print etc.) known or currently unknown, within the framework of the Platform’s services, for commercial (particularly advertising) and non-commercial purposes, as well as within the framework of dissemination on social networks on which the Company has or will have a presence and particularly the Company’s Facebook, Instagram, Twitter and LinkedIn pages.

In particular, the photographs of the Posts may be reproduced and incorporated in advertising formats disseminated on the Platform, solely in connection with the Post made.
Users who have published a Post on the Platform agree to their Post and its Content also being published on social networks such as Facebook, Instagram, Twitter and LinkedIn. Consequently, Users state that they have made themselves familiar with the General Terms of Use of Facebook, Instagram, Twitter and LinkedIn and that they accept the terms, particularly with regard to the reuse of Content and Personal Data.

9.4. Protection of the Platform and of the databases

Users are not authorized to use devices, programs, algorithms or other automatic or manual methods to acquire, copy or monitor all or part of the Platform or of its content, or to reproduce or bypass the browsing structure or presentation of the Platform or of its content in order to procure or try to procure its data, documents or information through means not expressly made available to them by way of the Platform.

Users shall refrain from trying to access, in an illicit manner, any section or feature of the Platform, or any other system or network connected to the Platform through computer hacking, password sniffing or any other illegitimate means.

Users must not try to probe, analyses or test the vulnerability of the Platform, or of any network connected to the Platform, or infringe the security and authentication measures put in place on the Platform or networks connected to the Platform. Apart from any Rights they may have as Ambassador or Office Manager Users are not authorized to trace or try and trace the information on other users of the Platform, particularly any user account of which they are neither the holder nor the source, or to operate the Platform or the services or information made available or offered on or via the Platform, in whatsoever manner, with a view to revealing this information, particularly the personal identification information or information other than their own information as it appears on the Platform.

More generally, Users commit to not using any mechanism, software, or sub-program to interfere with or to try to interfere with the correct operation of the Platform or the use of the Platform by any other person.

10. PARTNER SERVICES

Partner Services are offered completely independently by the Partners, under their sole responsibility. Consequently, neither WITCO nor the Company may be held liable for the content offered by partner departments accessible on the Platform, or for any of the offers, information viewed, or transactions carried out with these partner departments; the Partners are solely engaged in a contractual relationship with the User and, as the case may be, the Company.

Consequently, any User accessing the Partner Services via the Platform will use these services solely under the particular conditions of use and/or sale of the said Services offered by the Partners. WITCO and the Company provide no service or guarantee regarding the Partner Services used by Users and/or regarding the above-mentioned advertising elements. Consequently, WITCO and the Company accept no liability should the Partner Services, content and advertising provided by third parties contravene applicable laws and regulations.

However, WITCO and the Company will make their best efforts to pass on, as quickly as possible, to the Partner Services and/or the third parties concerned, any questions and claims by Users regarding these services.

11. LIABILITY AND GUARANTEES

11.1. Exemption from liability

As part of an obligation of means, the Company shall make all reasonable efforts to enable continuous access to the Platform and to the Partner Services. However, the Company cannot guarantee that the Platform and its Partner Services will be permanently fully operational or accessible. It will implement the necessary measures to make them available. For technical reasons, a temporary interruption of the Platform and/or the Partner Services is however possible. The Company shall not be liable should the Platform or Partner Services be unavailable.

The Company will not be held liable if Users do not manage to access all or part of the Platform and/or Partner Services as a result of a technical fault or any problem, such as, and not limited to: excessive traffic on the internet, a failure on the part of internet access providers, human or electrical error, any malicious act, any malfunctions in software or hardware and/or a case of force majeure.

The Company does not accept liability in the event of:

• Interruptions, breakdowns, modifications and malfunctions of the Platform whatever the communication media used and no matter the origins and sources
• Loss of data or information stored on the Platform. It is the responsibility of the Users to take all necessary precautions to conserve the Posts they publish on the Platform
• Temporary inability to access the Platform due to technical problems, whatever the origins and sources
• Direct or indirect damages caused to the User, of whatsoever nature, resulting from the content of the Posts and/or access, of the management, use, operation, malfunctioning and/or interruption of the Platform
• Abnormal or improper use of the Platform by any User
• Cyber-attack or hacking; loss, suspension, or prohibition, temporary or definitive, of internet access for whatsoever reason.

When using the Platform, the User recognizes and accepts the fact that communications over the internet are never completely confidential and secure. The user understands the risk that any message or piece of information communicated to the Platform may be read or intercepted by others. The Company accepts no liability in the event of theft or breaches of data and information on the Platform.

The Company cannot guarantee that files and data downloaded from the Platform will be free of viruses, contaminations, or malware.

In addition, the Company does not guarantee the accuracy, precision or comprehensive nature of the information made available on the Platform and may not be held liable for the content of the Posts published by Users.

The Company accepts no liability for any comment, statement or content posted by a User, since the Company does not moderate, select or check the content published by Users on the Platform.

Every User is solely responsible for the damages caused to third parties and the consequences of ensuing claims or actions. Users also waive all recourse against the Company in the event of prosecution by a third party against them as a result of the Use and/or illegal operation of the Platform, in the event of Users losing their password or in the event of their identity being stolen.

Finally, the Company reserves the right to carry out one of the following actions at any time and without warning: (1) to modify, suspend or block the operation of, or access to, all or part of the Platform for whatsoever reason, (2) to modify all or part of the Platform and all applicable rules and conditions, (3) to definitively stop the operation of the Platform without Users being able to claim any kind of compensation.

11.2. Liability and obligations of WITCO:

As host, WITCO is subject to a mitigated liability regime pursuant to articles 6.I.2. et seq. of Act no. 2004-575 of 21 June 2004 to promote trust in the digital economy.
WITCO therefore may not be held liable under any circumstances for the content of the Posts published by Users and gives no guarantee, express or implicit, in this respect.

WITCO is a third party in the communications and relationships between the Users and consequently rules out any liability in this respect.

11.3. Moderation of Information/ Moderation of information / Posts

The Company in no way moderates the posts published on the Platform and reserves the right to delete, without warning or compensation or rights to reimbursement, any Post which does not comply with the Platform’s publication rules and/or which would be likely to infringe the rights of a third party.

11.4. Management of abuses

Every User may report abusive content:

• Either by clicking on the “Language & Support” link located at the top of the web page
• Or by email sent to the following address: flor.pichevin@wellio.fr
  If the abusive content is confirmed, the Company may deactivate the User’s account and delete the abusive content.

12. MISCELLANEOUS PROVISIONS

If one or several provisions of these General Terms of Use is/are considered null or inapplicable, said provision(s) must be restricted or deleted, to the minimum extent necessary, and replaced by one or several valid provision(s) which better express the intention of these General Terms of Use in such a way that they remain fully applicable.

Any tolerance by the Company in relation to these General Terms of Use, whatever the frequency or duration may have been, cannot be considered to constitute a new contract or modification or withdrawal of the General Terms of Use, or to create a right; the Company may always terminate without prior notice.

These General Terms of Use are subject to French law.
Any challenge and/or difficulty in the interpretation or execution of these general terms shall be submitted to the jurisdiction of the courts of Paris.