Terms of Use

1. Preamble and purpose

Welcome to WheelTrust. These Terms of Use (the “Terms of Use”) set out the terms under which you may access and use the Service.

WheelTrust is a digital vehicle maintenance record service (for cars and motorcycles), accessible via the website wheeltrust.io and its subdomains.

The Service is published and operated by IT EXPERT SERVICES SAS (see Legal notice).

2. Definitions

In these Terms of Use, the terms below have the following meaning:

• Service: the WheelTrust service as a whole and all its features.
• User: any adult natural person (at least 16 years of age) who holds an Account on the Service.
• Account: the personal space created after registration.
• Plan: the subscription category (Free, Premium, Business) determining the features you can access.
• Business: the plan intended for professional use and fleet management, where several vehicles are tracked as part of an activity and several people need to access the same records. It is reserved for persons acting for professional purposes. It is subscribed to online, from the Organisation's space that we open at your request, and its financial terms are set out in the Terms of Sale.
• Organisation: the legal entity or the natural person acting for professional purposes that has subscribed to the Business plan, and to which the records kept under this plan belong.
• Member: the natural person holding a WheelTrust Account linked to an Organisation, at that Organisation's invitation.
• Role: a Member's level of access within an Organisation. The Business plan has three: Fleet Manager(s), Fleet Administrator(s) and Driver. Their respective powers are described in Article 2 bis.1 of the Terms of Sale.
• Vehicle record: all the data and documents relating to a given vehicle.
• User content: any data, text, photo or file that you enter into the Service.
• Publisher: IT EXPERT SERVICES SAS, publisher and operator of the Service.
• Terms of Sale: our Terms of Sale, applicable to paid plans.

3. Acceptance of the Terms of Use

Registering for the Service implies full and unconditional acceptance of these Terms of Use. A mandatory checkbox (not pre-ticked), together with a link to this document, is displayed during registration. Acceptance is evidenced by ticking the box and submitting the form.

If you do not accept all or part of these Terms of Use, you must not create an Account or use the Service.

4. Description of the service

4.1 Features common to all plans

• Creating and managing a vehicle record (car or motorcycle);
• entering maintenance operations;
• storing official documents (vehicle registration certificate, driving licence, roadworthiness test certificate, insurance certificate, purchase invoice);
• reminders for upcoming deadlines (roadworthiness test, insurance, etc.);
• exporting your data in ZIP / JSON format.

4.2 Plans and limits

The Free plan allows you to keep one vehicle record and log 12 service entries. The Premium plan does not limit the number of vehicles. The Business plan covers the number of vehicles subscribed by the Organisation, twenty at a minimum, under the conditions of Article 2 bis of the Terms of Sale. The limits in force are those shown in your personal space and on the Pricing page, which prevail.

Fair use of the Premium plan

The Premium plan does not limit the number of vehicles, and this absence of a limit is not just a form of words: if you use WheelTrust for private purposes, for your own vehicles or those of your family or friends, you have no number to watch. No cap will be applied to you, whatever the number of records you keep.

Only one situation calls for something different, and that is professional use. If you use WheelTrust as part of a professional activity and you track more than a dozen vehicles, you are carrying out fleet management: the Business plan is the one that matches this use, and it is designed for it.

We would rather tell you why than simply state it without explanation: beyond this volume and in this context, an Account costs us more than it brings in, because every vehicle tracked uses storage and processing that we pay for by usage. Rather than degrading the service for everyone, or displaying a limit we do not enforce, we prefer to offer you the plan made for your situation.

In that case, we will contact you to suggest switching. No data is deleted, no access is automatically cut off, and no vehicle becomes inaccessible on the sole basis of this number: this clause opens a conversation, it does not trigger a block.

The Account nonetheless remains personal: you may use it to keep records for vehicles that are not your own, but your login credentials are not to be shared with other people. If several people need to access the same records, that is precisely what the Business plan organises, with its distinct access levels.

The Business plan is subscribed to online, from the Organisation's space that we open at your request; its financial terms, including the pricing grid, are set out in the Terms of Sale. Beyond 100 vehicles, online subscription remains possible, but we strongly recommend contacting us beforehand to make it easier to integrate your existing fleet: support, change management, training and integration of the tool into your ecosystem. In all cases, no change of plan is applied to you without your agreement.

The Premium plan comes with a 30-day trial period. The detailed financial terms (payment methods, renewal, trial, promotional codes, withdrawal, refund) are set out in the Terms of Sale.

Paid plans and invited Accounts include automatic reading of documents up to a limit of 1,000 pages per subscription year, counted from the subscription date (or from the plan's activation date for invited Accounts) and renewed on each anniversary date, with a maximum of 10 pages per document. During a trial period, this volume is limited to 100 pages; pages used during the trial are deducted from the annual volume if you subscribe.

The free plan also includes automatic reading of documents, up to a limit of 500 pages per year, with the same maximum of 10 pages per document. This volume is counted from the Account's creation date (or, for an Account that previously held a paid or invited plan, from that plan's own renewal or activation date) and renewed on each anniversary date. The free plan does not include a trial period: the 100-page limit above does not apply to it.

4.3 Changes to the service

The Service is under continuous development. The Publisher may add, change or remove features, without substantially degrading the plan you have subscribed to without reasonable notice.

5. Registration and user account

5.1 Access requirements

To create an Account, you must:

• be at least 16 years of age;
• have a valid, personal e-mail address;
• provide accurate, up-to-date and complete information;
• accept these Terms of Use and read the privacy policy.

5.2 One account per person

You may only create one Account. Holding several Accounts as the same person is prohibited and may result in suspension or deletion without notice.

5.3 Accuracy of information

You warrant the accuracy and currency of the information provided, and you undertake to update it in the event of any change. The Publisher may request reasonable proof of identity in case of doubt (in particular for the exercise of rights or for record transfers).

6. Confidentiality of login credentials

Access to your Account relies on secure sign-in links sent to your e-mail address: there is no WheelTrust password. You are solely responsible for protecting your mailbox and your devices. Any action carried out from your Account is deemed to have been carried out by you.

If your login credentials are lost, stolen or used fraudulently, you must:

• secure your mailbox (for example by changing its password with your e-mail provider) and sign out of active sessions from your personal space;
• notify the Publisher at contact@wheeltrust.io.

The Publisher recommends enabling two-factor authentication (2FA) to strengthen the security of your Account.

7. User obligations

By using the Service, you undertake to:

• use the Service in accordance with its purpose (managing the maintenance record of your vehicles);
• comply with applicable laws and regulations;
• enter truthful information (mileage, maintenance operations, vehicle ownership);
• respect the rights of third parties (intellectual property, privacy, image rights);
• not enter information relating to a vehicle of which you are not the owner or legitimate user, except under an explicit mandate (for example, a professional managing their customers' vehicles);
• not attempt to compromise the security of the Service.

8. Prohibited conduct

The following are prohibited, and may result in immediate suspension or deletion of the Account:

• creating several Accounts as the same person;
• falsifying information (mileage, maintenance dates, owner's identity);
• misusing the referral programme (multiple accounts, collusion, circumventing the cap);
• misusing promotional codes, where the Publisher offers them (prohibited stacking, fraudulent generation);
• mass data extraction or unauthorised automated use of the Service;
• attempting to circumvent security measures;
• sending unlawful, abusive, defamatory or hateful content, or content infringing the rights of third parties;
• sending content unrelated to the purpose of the Service (unauthorised advertising, unsolicited messages);
• using the Service for acts contrary to the law (handling stolen goods, selling stolen vehicles, administrative forgery, etc.);
• reselling, transferring or making your Account available to an unauthorised third party;
• reverse engineering or decompiling the Service.

9. Moderation, suspension and deletion of the Account

9.1 Graduated measures

In the event of a breach of these Terms of Use, the Publisher may, after review by a person:

1. send you a warning by e-mail, with a reminder of the rules breached;
2. temporarily suspend the Account (1 to 30 days), with a right of appeal;
3. permanently suspend or delete the Account, for serious or repeated breaches.

9.2 Serious breaches warranting immediate deletion

• payment, identity or mileage fraud;
• unlawful activity or activity infringing the rights of others;
• attempted compromise of the Service;
• repeat offence after suspension.

9.3 Right of appeal

Any suspension or deletion measure may be appealed to the Publisher at contact@wheeltrust.io, within 30 days. The Publisher undertakes to review the request and respond within 15 business days.

9.4 Consequences of deletion

• access to the Service is immediately revoked;
• the Account's data is pseudonymised within 30 days (see privacy policy, section 7);
• no refund is due in the event of deletion for a serious breach (see Terms of Sale);
• the statutory retention obligations (in particular accounting obligations) apply.

10. Vehicle record transfer

10.1 Principle

You may transfer a vehicle's record to another User (sale, gift, change of owner) using the “Record transfer” feature.

10.2 Consent of both parties

The transfer requires the explicit acceptance of both the transferor and the recipient, via e-mail confirmation.

10.3 Documents transferred and not transferred

• Transferred: the maintenance history, notes and invoices.
• Not transferred, and deleted: vehicle registration certificate, driving licence, original purchase invoice (to preserve the transferor's confidentiality).

10.4 Incentive

When you receive a record by transfer and your Account is not linked to any code, the transferor's Account becomes your referrer. If you subsequently subscribe to a paid plan, you receive one free month and the transferor receives one free month, on a one-time basis, under the rules of the referral programme (section 11).

An Account already linked to a code keeps its original link: the transfer does not replace it.

10.5 Moderation

The Publisher may moderate transfers in the event of suspected fraud (sham transfer, multiple accounts, etc.).

11. Referral programme

11.1 Principle

You have a personal referral code, available from your personal space, under “Referral”. You may share it as is, or share the invitation link that pre-fills it on the registration page. This code belongs to you and does not change.

11.2 What the referral programme gives you

The code must be entered by the person you invite at the moment they create their Account. It cannot be added afterwards.

When that person subsequently subscribes to a paid plan, you receive one free month and they receive one free month, once per referred person.

A free month is added to your current subscription and pushes back your next annual payment date by the same amount. It is neither a price reduction nor a credit note: nothing is deducted, nothing is refunded. A free month cannot be converted into money under any circumstances.

11.3 Conditions for earning a reward

For a referral to give rise to a reward:

• the code must have been entered when the invited person's Account was created, or the link must result from a record transfer (section 10.4);
• that person must not be you: referring your own Account is automatically refused;
• that person must subscribe to a paid plan.

Until the paid subscription takes place, the invitation appears in your space with the status “Registered”, with no reward.

11.4 One code, one reward

An Account may only be linked to a single code, entered once, at registration, or set by a record transfer (section 10.4). Referral codes and our partners' codes cannot be combined: they share the same entry field, and only the first code recorded is kept.

The same referred person gives rise to only one reward, whatever plan is subscribed to afterwards, and regardless of any subsequent changes of plan.

Free months cannot be combined with a refund covering the same period. They apply to a paid subscription: they do not extend the trial period itself, they extend the paid subscription that follows it. The referral's free month can therefore be combined, where applicable, with the free trial period you benefit from at subscription: one never replaces the other, and benefiting from this free trial does not deprive you of any free month.

11.5 Fraud and abuse

Referral is intended to introduce WheelTrust to real people. The following are in particular considered abuse:

• creating several Accounts as the same person to indirectly refer yourself;
• registering fictitious accounts or people who did not ask to register;
• offering for sale, purchasing or automatically distributing referral codes;
• any scheme intended to trigger a reward without a genuine subscription.

If abuse is established, we may cancel the rewards concerned, including those already recorded, and suspend or delete the Account(s) concerned, in accordance with section 9.

We may also cap the number of rewards granted to the same Account over a given period, or refuse a manifestly abusive reward. As at the date these Terms of Use were last updated, no cap is applied.

11.6 Changes to and discontinuation of the programme

We may change the referral programme, amend its benefits or end it, at any time and for the future. Any unfavourable change is announced at least 30 days in advance, by e-mail or in your personal space. Months already earned as at the date of the change remain yours.

12. Service availability

12.1 Availability target

The Publisher uses its best efforts to ensure a target availability of 99.5%, measured on a monthly basis, excluding planned maintenance.

12.2 Planned maintenance

Planned maintenance operations are announced at least 48 hours in advance, by e-mail or notification, and scheduled outside business hours as far as possible.

12.3 Emergency maintenance

The Publisher may act without notice in the event of a risk to the security, integrity or availability of the Service.

12.4 Exclusions

The following are not considered unavailability attributable to the Publisher:

• failures related to your equipment, your network or your internet service provider;
• cases of force majeure (see section 15).

13. Intellectual property

13.1 The Publisher's rights

The Service, as a whole (source code, interface design, style guide, logo, editorial content, database, structure, trade mark, illustrations, text, technical data) is the property of IT EXPERT SERVICES SAS, protected by the French Intellectual Property Code (Code de la propriété intellectuelle). The word mark “Wheel Trust” was filed with the French National Institute of Industrial Property (INPI) under number #5254210.

13.2 Licence granted to the user

The Publisher grants you a personal, non-transferable and revocable licence to use the Service, for the duration of your subscription and solely for your use in accordance with the plan subscribed. This licence does not entail any transfer of intellectual property.

13.3 Rights over your content

You retain all ownership rights over the content you enter. You grant the Publisher a free licence, limited to the sole needs of the Service's technical operation (storage, display, backup, retrieval) for the duration of your subscription. The Publisher claims no right of commercial exploitation or transfer of your content to third parties.

14. Liability

14.1 The Publisher's liability

The Publisher undertakes to provide the Service with the reasonable care and diligence expected of a professional. Its liability may only be engaged in the event of a breach of its contractual obligations and, in any event, is limited to the total amount you have paid for your plan over the 12 months preceding the event giving rise to liability.

14.2 Exclusions of liability

The Publisher cannot be held liable for:

• indirect damages (loss of opportunity, business losses);
• damages resulting from use of the Service that does not comply with its intended purpose;
• failures related to third-party equipment, networks or providers;
• the loss of data not backed up locally by you, in the event of a serious and exceptional failure.

14.3 The user's liability

You are responsible for the truthfulness of the information entered, for complying with the rights of third parties and the law, for carefully safeguarding your login credentials, and for the consequences of any fraudulent use of your Account prior to it being reported.

14.4 Statutory limits

These limitations do not apply in the event of gross or intentional misconduct by the Publisher, or in the event of a breach of mandatory statutory obligations (in particular in consumer matters).

15. Force majeure

Neither party may be held liable for a failure resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code, in particular: natural disasters, armed conflicts, serious public order disturbances, widespread internet infrastructure failures, pandemics imposing restrictions, and administrative or judicial decisions requiring the Service to be interrupted.

16. Amendments to the Terms of Use

The Publisher may amend these Terms of Use. Any substantial amendment will be notified to you:

• by e-mail to the address associated with your Account, at least 30 days before it takes effect;
• via a notification within the Service.

If you do not accept the new Terms of Use, you may terminate your Account free of charge and obtain a pro-rata refund for the remaining period, in accordance with the Terms of Sale. Failing termination within the notice period, the new Terms of Use are deemed accepted.

17. Term and termination

17.1 Term

These Terms of Use are entered into for an indefinite term, from the creation of your Account.

17.2 Termination by the user

You may terminate your Account at any time, without notice and free of charge, from your personal space (“My account” > “Delete my account”). The financial terms (any refund, pending payments) are governed by the Terms of Sale.

17.3 Termination by the Publisher

• with 30 days' notice, for any legitimate reason, by notification by e-mail;
• without notice, in the event of a serious breach of these Terms of Use (see section 9).

17.4 Assignment of the contract by the Publisher

The Publisher may assign or transfer these Terms of Use, together with the rights and obligations arising from them, to any company it controls, that controls it, or that takes over operation of the Service, in particular as part of a contribution of assets, a merger, a demerger or a transfer of business. You will be informed of this by e-mail. This assignment does not affect either your rights or your terms of use of the Service. The financial terms applicable to current subscriptions remain governed by the Terms of Sale.

18. Governing law and competent courts

18.1 Governing law

These Terms of Use are governed by French law.

18.2 Competent courts

In the event of a dispute, and after attempting an amicable resolution, the competent courts are:

• for consumer users: the court for the place where the consumer resided when the contract was entered into or when the harmful event occurred (Article R. 631-3 of the French Consumer Code);
• for business users: the Commercial Court of Meaux (Tribunal de commerce de Meaux) (jurisdiction of IT EXPERT SERVICES SAS's registered office).

18.3 Mediation

The terms of consumer mediation and dispute resolution are set out in the Terms of Sale (section 12).

19. Logo credits

WheelTrust displays manufacturers' logos to help you recognise your vehicles at a glance. This section names the authors and licences of the logos that require it.

19.1 What this section covers

The brand logos displayed in the application come from Wikimedia (Wikipedia and Wikimedia Commons). Some are placed under a Creative Commons licence that permits their reuse provided their author is credited (CC BY, CC BY-SA). This section is that credit.

It is generated automatically from the files actually served by the site: a logo cannot be displayed without appearing here.

The logos remain the property of their respective owners. They are displayed for the purpose of vehicle identification; their presence does not imply any affiliation, endorsement or partnership between WheelTrust and the manufacturers concerned.

19.2 Logos under an attribution licence (7)

• Audi

  Author

  Bibidu64

  Source file

  File:Nouveaulogoaudi.png

  Licence

  CC BY-SA 4.0

• Goes

  Author

  not indicated by the source - see the original file

  Source file

  File:GOES_ATV_Logo.png

  Licence

  CC BY 3.0

• Ligier

  Author

  ROMAINDDBG85

  Source file

  File:Ligier2017.png

  Licence

  CC BY-SA 4.0

• Mobilize

  Author

  not indicated by the source - see the original file

  Source file

  File:Brand-logo-mobilize.png

  Licence

  CC BY-SA 4.0

• Moto-Guzzi

  Author

  Quelle: Hp.Baumeler / Freisteller, Bildbearbeitung & Retusche von Auge=mit

  Source file

  File:Moto_Guzzi_Symbol_noBG.png

  Licence

  CC BY-SA 4.0

• Sunbeam

  Author

  Greg Gjerdingen

  Source file

  File:Sunbeam_lion_badge.png

  Licence

  CC BY 2.0

• Zündapp

  Author

  Zündapp München

  Source file

  File:Zündapp_Logo_aktuell.svg

  Licence

  CC BY-SA 4.0

19.3 Other logos displayed

The other brand logos served by the site are in the public domain, under the CC0 licence, or are displayed for the purpose of brand identification. These situations do not require an author to be credited; this does not, however, make them free of trade mark rights.

The monograms and vehicle silhouettes used when no logo is available are original drawings by IT EXPERT SERVICES SAS.

19.4 Report an error

An inaccurate attribution, a missing author, or a removal request from a rights holder: write to us at contact@wheeltrust.io. We will correct or remove the logo concerned.