Terms of use - Where is my OBD2 port? Find it! app

  • ARTICLE I - DEFINITIONS
  • ARTICLE II - PURPOSE
  • ARTICLE III - DESCRIPTION OF THE SERVICES
  • ARTICLE IV - COMMENCEMENT AND DURATION
  • ARTICLE V - CONDITIONS OF ACCESS TO THE SERVICES
  • 5.1. Technical access
  • 5.2. Availability of the Services
  • 5.3. Access conditions
  • ARTICLE VI - FREE SERVICES
  • ARTICLE VII - INTELLECTUAL PROPERTY
  • ARTICLE VIII - RIGHT OF USE
  • ARTICLE IX - LIABILITY
  • ARTICLE X - INSURANCE
  • ARTICLE XI - NOTIFICATION
  • ARTICLE XII - PERSONAL DATA
  • ARTICLE XIII - COOKIES
  • ARTICLE XIV - COMPLIANCE WITH APPLICABLE REGULATIONS
  • ARTICLE XV - GENERAL PROVISIONS
  • ARTICLE XVI - GOVERNING LAW AND JURISDICTION

ARTICLE I - DEFINITIONS

  • "Application": the application called "Where is my OBD2 port? Find it", available from the Apple App Store and Google Play download platforms.
  • "Content": a photograph taken by the User and sent to the Publisher for publication in the Application.
  • "Components": includes, without limitation, texts, databases, computer programs, software, photographs, graphics, logos and trade marks belonging to the Publisher and included or published in the Application.
  • "Publisher": OUTILS OBD FACILE.
  • "Party/Parties": the Publisher and/or the User, as applicable.
  • "Services": all services offered by the Publisher through the Application and described in Article 3 of these Terms and Conditions.
  • "User": any natural or legal person who downloads, accesses and/or uses the Application.

ARTICLE II - PURPOSE

These General Terms and Conditions of Use (the "Terms and Conditions") are binding on OUTILS OBD FACILE, a French simplified joint-stock company (SAS) with share capital of 10,000 euros, registered in the Vannes Trade and Companies Register under number 750 984 767, with its registered office at Lieu Dit Kerluherne - 56890 PLESCOP, represented by its President, and its Users.

These Terms and Conditions set out the terms of access to and use of the Services offered through the Application.

The Services are described in Article 3 of these Terms and Conditions.

In the event of any conflict between these Terms and Conditions and the Application's legal notice, these Terms and Conditions shall prevail.

ARTICLE III - DESCRIPTION OF THE SERVICES

The Application enables Users to find the location of their vehicle's diagnostic connector.

The Application provides Users with a vehicle image library that allows them to identify the location of the on-board diagnostic port by vehicle make and/or type.

Where a vehicle make and/or model is not listed, the User is invited to submit, at their discretion, a photograph of their own vehicle showing the location of the on-board diagnostic connector.

ARTICLE IV - COMMENCEMENT AND DURATION

These Terms and Conditions take effect when published online and apply to all Users. They may be adapted, amended or revised at any time.

In the event of an amendment, Users will be notified when they next connect to the Application that the Terms and Conditions have changed and will be invited to read and accept them.

Only the version of the Terms and Conditions in force on the date the Application and Services are used shall be legally binding between Users and the Publisher. Users must consult them regularly, particularly before each use of the Services.

These Terms and Conditions are entered into for an indefinite period and may be terminated by the User at any time without giving a reason. To do so, the User must delete the Application from their smartphone and/or tablet, thereby disabling any further use of the Application and Services.

ARTICLE V - CONDITIONS OF ACCESS TO THE SERVICES

5.1. Technical access

Users must ensure that their computer equipment and installed software are compatible with access to the Application.

The Application and Services are accessible through an Internet connection.

The Application is available from the Apple App Store and Google Play download platforms. Users undertake to read, accept and comply with the terms and conditions of sale of the download platforms they use.

To provide the Services, particularly the facility to submit and send Content to the Publisher, the Publisher must be able to access the camera or photo gallery on the User's smartphone and/or tablet. The User gives consent by selecting "OK".

5.2. Availability of the Services

The Services are available to Users 24 hours a day, 7 days a week, except in cases of force majeure, events beyond the Publisher's control or possible technical failures.

The Publisher may occasionally suspend access to the Application to carry out technical maintenance.

Where possible, the Publisher will inform the User in advance of any interruption to the Services.

5.3. Access conditions

To use the Services, Users must download the Application through the available download platforms.

Access to and use of the Application and Services do not require a User account.

Access to and use of the Application and Services are permitted only for legal persons and natural persons over the age of 18 who have legal capacity. Access and use on behalf of a legal person must be undertaken by a natural person authorised to represent it.

The Publisher reserves the right to disable a User's access to the Application temporarily or permanently and cease providing the Services to that User in the following circumstances:

  • breach of these Terms and Conditions;
  • submission to the Publisher of Content that is unlawful or infringes third-party intellectual property rights;
  • conduct by the User that may expose the Publisher or another User to liability.

ARTICLE VI - FREE SERVICES

No charges apply to access to or use of the Services.

The User is responsible for telephone and Internet access charges.

ARTICLE VII - INTELLECTUAL PROPERTY

User Content

The User grants the Publisher the following exclusive rights, worldwide and for an unlimited period:

  • the right to reproduce and/or have reproduced all or part of the Content for the purposes of its exploitation by the Publisher;
  • the right to publish and distribute the Content for the purposes of its exploitation by the Publisher;
  • subject to the User's moral rights, the right to adapt, have adapted, correct, develop, integrate, translate and create new versions of the Content for the purposes of its exploitation by the Publisher;
  • the right to assign, rent or lend the exploitation rights in the Content;
  • the right to communicate and make available to the public all or part of the Content.

The User warrants to the Publisher that they hold all intellectual property rights in the Content supplied to the Publisher and grants the Publisher the right to use that Content without interference under these Terms and Conditions.

The Publisher's intellectual property

The names "OUTILS OBD FACILE" and "EOBD Facile" are registered trade marks.

The domain name https://www.outilsobdfacile.fr/, the OUTILS OBD FACILE trade marks and the Publisher's logos are protected. They may not be used without the Publisher's express authorisation.

The User acknowledges that the Application's Components are protected by copyright, trade mark rights and other intellectual property rights and laws. The User acknowledges that they may use these Components and information only within the limits expressly set out herein.

Any use not expressly authorised by the Publisher under these Terms and Conditions is unlawful under Articles L.122-4 and L.122-6 of the French Intellectual Property Code. In particular, the User is prohibited from:

  • displaying, distributing or marketing the Components of the Application and Services, whether free of charge or for payment;
  • using the Application and Services in any way to design, create, distribute or market a similar, equivalent or substitute service;
  • making the Application and Services available directly or indirectly to a third party, particularly by rental, assignment or loan, even free of charge, without the Publisher's prior written agreement;
  • using them for any processing not authorised by the Publisher.

The Application is also a database owned by the Publisher and accessible to Users.

The User has no right to reproduce, adapt, translate or display the database beyond the limits strictly defined in these Terms and Conditions.


Under Articles L342-1 et seq. of the French Intellectual Property Code, the User is prohibited from:

  • extracting, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the Application's Components to another medium, by any means or in any form;
  • reusing all or a qualitatively or quantitatively substantial part of the Application's Components by making them available to the public;
  • repeatedly or systematically extracting or reusing qualitatively or quantitatively insubstantial parts of the Application's Components where these operations manifestly exceed the normal conditions of use of the Services and/or Application;
  • commercially exploiting their access rights to the Services and/or Application for the benefit of third parties.

The Publisher reserves the right to terminate these Terms and Conditions as of right and take any action in response to infringement of its intellectual property rights.

ARTICLE VIII - RIGHT OF USE

The Publisher grants the User a non-transferable, non-exclusive right to use the Services and Application.

The grant of a right to use the Services and Application does not transfer any ownership rights in the Services or Application to the User.

The User undertakes to use the Services and Application solely for their own needs.

ARTICLE IX - LIABILITY

General provisions

The Publisher undertakes to exercise due care in performing these Terms and Conditions. All of its obligations are obligations to use reasonable efforts, rather than to achieve a guaranteed result.

The Publisher's liability is governed by the rules applicable to hosting providers and technical intermediaries. The procedure for reporting statements and/or Content that are inaccurate, unlawful, abusive, discriminatory or defamatory is set out in Article 11 of these Terms and Conditions.

The Publisher accepts no liability where the Services are used in breach of these Terms and Conditions.

The Publisher accepts no liability for any loss that may result from the unavailability of the Services and/or Application or a problem connecting to the Services and/or Application.

The Publisher shall also be released from liability for any delay or failure to perform its contractual obligations resulting from events constituting force majeure as defined by the courts.

A Party considering that an event of force majeure has occurred must immediately notify the other Party in writing of the circumstances and when it expects the event to end.

In all cases, the Publisher shall be liable only for direct and foreseeable loss suffered by the User, to the exclusion of indirect loss as defined by the French courts.

Content supplied by Users

The Publisher publishes and makes available to Users Content submitted by Users.

The Publisher cannot verify or guarantee the lawfulness, truthfulness, completeness or accuracy of the information and Content submitted by Users.

The Publisher cannot be held liable for errors, whether obvious or otherwise, for any unlawful, inaccurate, misleading or incorrect information or Content submitted, or for any lack of information whatsoever.

ARTICLE X - INSURANCE

The Publisher certifies to the User that it holds professional liability insurance with an insurer of recognised financial standing, limited to property damage and personal injury directly connected with the provision of the Services under these Terms and Conditions.

ARTICLE XI - NOTIFICATION

A User who considers that information available in the Application is inaccurate, unlawful, abusive, discriminatory or defamatory is invited to submit a notification.

Users must bring to the Publisher's attention any message glorifying crimes against humanity, inciting racial hatred, involving child pornography, inciting violence or violating human dignity.

Notifications must be sent by email to the Publisher or through a contact form provided in the Application. The User must provide their surname, first name, address and a description of the matters complained of.

The notification must describe the matters complained of and their precise location in the Application, and explain why the content should be removed, including the relevant legal provisions and factual grounds.

Users submitting a notification are advised that an inaccurate report may expose them to criminal penalties. They agree to indemnify the Publisher against any consequences of an abusive notification.

The Publisher undertakes to respond promptly to any User notification that meets these requirements and appears, on its face, to be well founded.

Where appropriate, the Publisher will seek to preserve the anonymity of the User who made the statements complained of, while reserving the right to take any appropriate action against that User.

ARTICLE XII - PERSONAL DATA

In accordance with French Law No. 78-17 of 6 January 1978, as amended, known as the Data Protection Act, the Publisher is registered with the CNIL under receipt number 1646844.

The Publisher does not collect personal data, except for an optional pseudonym.

Where applicable, the User is informed that the pseudonym collected is processed electronically to manage Content published in the Application, enabling the author of the Content to be identified. Other processing of data that may be personal is carried out to manage access to the Application and Services (cookies) and compile commercial statistics (Google Analytics).

Data recipients are staff in the marketing, sales, User relations, prospecting, administrative, IT and technical departments, together with their line managers;

Under the French Data Protection Act of 6 January 1978, as amended in 2004, any natural person has the right to access and rectify information concerning them. These rights may be exercised by contacting the Publisher at contact@outilsobdfacile.fr or by post at the address above.

Natural persons may also object, on legitimate grounds, to the processing of data concerning them.

Users must ensure compliance with the requirements of the French Data Protection Act of 6 January 1978, as amended, and, more generally, with any applicable rules. Where necessary, Users must make any additional declarations required to the CNIL or other competent body.

ARTICLE XIII - COOKIES

A cookie is information placed on the hard drive of the User's smartphone and/or tablet by the Application server or a third-party server. It allows a User's choices to be remembered and the User to be recognised easily through a unique identifier.

To manage the Application's content, the Publisher uses Google Analytics, which places cookies on the User's device.

The cookies used are intended to measure the Application's audience.

In accordance with Article 32-II of the French Law of 6 January 1978, the Publisher informs the User through a banner that continued browsing constitutes consent to cookies being stored and read.

Users may refuse cookies placed by the Publisher on the hard drive of their mobile phone and/or tablet by selecting the appropriate browser settings. Instructions for each browser are provided here.

The Publisher retains cookies for 13 months. At the end of that period, the Publisher will obtain the User's consent again where necessary.

ARTICLE XIV - COMPLIANCE WITH APPLICABLE REGULATIONS

The User or Customer undertakes to comply with the French Road Traffic Code and, in particular, not to hold or use their smartphone and/or tablet while driving their vehicle.

ARTICLE XV - GENERAL PROVISIONS

If one or more provisions of these Terms and Conditions are void under a law or regulation, or following a final decision of a court of competent jurisdiction, they shall be deemed unwritten and shall not invalidate the remaining provisions unless they are essential to the agreement. The Parties shall replace the void provisions by an amendment containing legally valid provisions that reflect, as closely as possible, their intended legal and economic meaning and purpose.

The Publisher's failure at any time to exercise a right conferred by these Terms and Conditions shall not be interpreted as an express or implied waiver of its right to exercise that right in future.

ARTICLE XVI - GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed by French law.

Any dispute concerning the formation, validity, interpretation or performance of these Terms and Conditions must first be addressed through an attempt at amicable resolution between the Parties.

If a disagreement between the Publisher and a User persists, the User may choose the court with jurisdiction:

  • at the defendant's place of residence in France;
  • at the place where the User resided when these Terms and Conditions were entered into or when the event giving rise to the loss occurred.

Where the User is a trader, the dispute shall be brought before the courts of VANNES.