Terms and Conditions of Use – Tracktor

Last updated: 29/09/2025

The present Terms and Conditions of Use (hereinafter "TCU") govern access to and use of the SaaS platform Tracktor, available via the Web Client, Mobile Client, and Web Supplier applications (hereinafter referred to as the "Applications").

By creating an account or using our services, you unreservedly accept these TCU.

1. Purpose

Tracktor is a SaaS solution dedicated to the construction industry allowing to:

• Digitize equipment rental management,

• Facilitate exchanges between clients and suppliers,

• Simplify the tracking of orders, incidents, returns, and invoices.

Tracktor acts as a technological intermediary and is not a party to rental agreements concluded between clients and suppliers.

2. Access to services

• Access to the Applications is reserved for companies and users with a valid account.

• Authentication is secured by personal credentials and OAuth2 tokens.

• Each user is responsible for the confidentiality of their credentials and any use made through their account.

• Tracktor reserves the right to suspend or terminate access in case of violation of these TCU.

3. Main features

For Clients (Web & Mobile):

• Place orders in real-time.

• Conduct inventory checks (departure and return).

• Report and track events (malfunctions, extensions, cancellations).

• Manage suppliers, pricing grids, and item references.

• Monitor activity via a dashboard.

• Consult, validate, or contest supplier invoices.

• Manage users and their permissions.

For Suppliers (Web Supplier):

• Receive and process orders.

• Manage equipment fleet and associated documents (VGP, certificates, purchase orders, etc.).

• Report and track incidents related to orders.

• Share and provide documents (invoices, certificates, delivery notes).

4. User obligations

Each user agrees to:

• Provide accurate and up-to-date information.

• Use the platform in accordance with the law and these TCU.

• Not misuse the Applications for fraudulent or illegal purposes.

• Respect the intellectual property rights of Tracktor and third parties.

5. Role of Tracktor

• Tracktor provides a technological intermediation service.

• Tracktor is neither a lessor, nor a client, nor a guarantor of the rental contracts entered into by users.

• The responsibility for the accuracy and compliance of documents (purchase orders, invoices, certificates) rests solely with clients and suppliers.

6. Data and confidentiality

• The processed data relates to users, orders, incidents, documents, and billing.

• Tracktor acts as a subcontractor (in the sense of GDPR) for its clients' data.

• Our complete privacy policy is available here: [link to Privacy Policy].

7. Intellectual property

• The Applications, interfaces, APIs, databases, and content are the exclusive property of Tracktor.

• Any unauthorized reproduction, distribution, or exploitation is prohibited.

8. Invoicing and payments

• Tracktor provides functionalities for managing and validating supplier invoices.

• The creation, issuance, and legality of invoices are the exclusive responsibility of the supplier and/or client.

• Tracktor does not create, modify, or issue any invoice.

• In case of a dispute related to the content or amount of an invoice, the concerned parties (client and supplier) must resolve it directly between themselves.

9. Suspension and termination

Tracktor may suspend or terminate a user's access in case of:

• Non-compliance with the TCU,

• Fraudulent or abusive use,

• Failure to pay the contracted services agreed with Tracktor (SaaS subscription).

The user may request the deletion of their account, subject to legal data retention obligations.

10. Responsibilities and limitations

Tracktor is committed to implementing all necessary means to ensure the availability and security of the Applications.
However, Tracktor cannot be held responsible in case of:

• Misuse by the user,

• Delays, errors, or failures attributable to suppliers or clients,

• Indirect losses (loss of revenue, operating losses, etc.).

11. Modifications to the TCU

Tracktor reserves the right to modify these TCU.
Users will be informed via the Applications or by email.
The continued use of the services constitutes acceptance of the new TCU.

12. Applicable law and jurisdiction

These TCU are governed by French law.
In case of dispute, exclusive jurisdiction is granted to the courts of Paris, unless a mandatory legal provision states otherwise.