These General Terms of Use (GTU) and General Terms of Sale (GTS) govern access to and use of the Oriway Business SaaS platform (hereinafter "the Platform"), published by EASLEY, a simplified joint-stock company registered with the La Roche-sur-Yon Trade and Companies Register under number 953 660 628, with its registered office located at 7 rue du Vent de Galerne, 85800 Saint Gilles Croix de Vie (hereinafter "the Publisher").
Oriway Business is a SaaS (Software as a Service) solution designed for companies looking to manage their electric vehicle fleets. It enables the aggregation of charging data from roaming, on-site, and employee home locations, as well as CO2 emission tracking, electromobility scoring, and API connectors to interface this data with client information systems.
Any subscription to the Platform implies full and complete acceptance of these Terms of Use/Terms of Sale. In the event of a contradiction between these terms and a specific contract signed with the Client, the latter shall prevail.
For the purposes of these Terms of Use/Terms of Sale, the following terms have the meanings indicated below:
The purpose of these Terms of Use is to define the conditions for accessing and using the Oriway Business Platform by the Client and its Users. They apply to all services offered by the Publisher, including updates, new features, and APIs.
These Terms of Use apply to the exclusion of all other terms, including the Client's general terms of purchase. Any order placed by the Client implies full and unreserved acceptance of these terms.
Access to the Platform is reserved for Clients with a valid subscription. Each User has personal credentials (login and password) that are strictly personal and confidential. The Client agrees not to share their credentials with unauthorized third parties.
The Platform offers different access levels based on roles: fleet administrator, manager, and viewer. The Client is responsible for assigning access rights to their Users.
The Driver Mobile App is available for download on official stores (App Store and Google Play). Its use is subject to these Terms of Service as well as the terms of use of the respective stores. The Driver must have a compatible smartphone and an internet connection. The Driver has professional access as long as the Client has a valid subscription.
The Publisher commits to making every effort to ensure the availability of the Platform 24/7, subject to maintenance operations. The target availability is 99% on a monthly basis, excluding planned maintenance. The Publisher reserves the right to perform maintenance-related interruptions, informing Clients with 96 hours' notice, except in emergencies.
The Platform aggregates charging data from three sources:
The CO2 tracking feature allows the Client to visualize emissions avoided compared to an equivalent internal combustion engine fleet. Calculations are based on official emission factors published by ADEME.
The Electromobility Score assigns a performance indicator to each Driver and the fleet as a whole, based on objective criteria (charging consistency, cost optimization, charging station usage, etc.). The scoring calculation parameters are available upon request and can be customized according to the Client's criteria.
RESTful API connectors are provided to the Client to enable interconnection with their information systems (ERP, HRIS, expense management systems, accounting software, etc.). Use of the APIs is subject to specific technical documentation and rate limits defined in the subscribed offer. The Publisher reserves the right to update the APIs with 15 days' notice.
The Charging Card is provided as an option and allows each Driver to access charging stations within the Oriway Business partner networks. The pricing terms for using partner charging stations are subject to specific conditions annexed to the contract.
The Client agrees to:
The Client agrees to inform its Drivers of the collection and processing of their data via the Platform, in accordance with applicable personal data protection regulations. The Client is responsible for obtaining the necessary consents from its employees.
Clients using API connectors agree to comply with the technical specifications provided by the Publisher, not to exceed the call quotas defined in their subscription, and to secure their API access keys.
The Publisher agrees to:
The Oriway Business Platform, its architecture, source code, algorithms (including those for calculating Electromobility Scoring and CO2 Tracking), databases, graphical interfaces, trademarks, and logos are the exclusive property of the Publisher or its licensors. No provision of these Terms of Service shall be interpreted as a transfer of intellectual property to the Client.
The Publisher grants the Client, for the duration of the subscription, a non-exclusive, non-transferable, and non-sublicensable license to use the Platform, limited to the internal use of the Client's company. This license does not include any right to reproduce, modify, distribute, or commercially exploit the Platform.
Data entered or generated by the Client and its Users on the Platform remains the property of the Client. The Publisher has the right to use this data for the purpose of improving services, provided that it is anonymized beforehand.
In the context of using the Platform, the Publisher acts as a data processor within the meaning of the GDPR for the processing of Driver data, with the Client acting as the data controller. A Data Processing Agreement (DPA) compliant with Article 28 of the GDPR is attached to the contract.
The Platform collects the following data in particular:
In accordance with the GDPR, each Driver has the right to access, rectify, erase, port, and object to the processing of their data. Requests may be sent to the Publisher at: RGPD@oriway.app
The Publisher undertakes not to transfer Personal Data outside the European Union without appropriate safeguards in accordance with the GDPR (standard contractual clauses, adequacy decision, etc.). Data is hosted on servers located in France.
Each party agrees to keep confidential the information and documents designated as confidential by the other party, and not to disclose them to any third party without prior written consent, for the duration of the contract and for 10 years following its expiration or termination. This obligation does not apply to information that has entered the public domain or that the receiving party already knew.
The Publisher is bound by an obligation of means. Its liability cannot be engaged in the event of:
In any event, the Publisher's total liability under this contract shall be limited to the amount actually paid by the Client during the 6 months preceding the incident.
The Publisher cannot be held liable for the unavailability or failure of third-party charging networks accessible via the Charging Card or the mobile Application. The availability and pricing terms of these networks depend exclusively on their operators.
The Publisher implements state-of-the-art security measures, including:
In the event of a personal data breach, the Publisher undertakes to notify the Client within 72 hours of discovering the incident, in accordance with Article 33 of the GDPR.
The Publisher offers various subscription plans for the Oriway Business Platform, tailored to fleet size and desired features. Details of the offers and their pricing are available upon request.
The subscription is completed according to the following methods:
The subscription is definitively accepted upon receipt of confirmation from the Publisher. The Publisher reserves the right to refuse any subscription without having to justify its reasons.
The applicable rates are those in effect at the time of subscription, as indicated in the chosen offer or the accepted quote. All prices are in euros excluding tax (excl. VAT). The applicable VAT will be that in effect at the time of invoicing.
Subscriptions are billed annually in advance, based on the choice made at the time of sign-up. Invoices are sent electronically. Monthly energy consumption and charging card top-ups are billed bi-monthly. Payment is made via SEPA direct debit or credit card. In the event of late payment, late fees will be applied at the current legal interest rate, along with a fixed recovery fee of 40 euros in accordance with the law.
The Publisher reserves the right to revise its rates once per year, with 30 days' notice provided to the Client. In the event of a refusal of the price revision, the Client may terminate their subscription without penalty within 15 days of the notification.
Specific fees may apply in addition to the subscription, particularly for:
The subscription is entered into for an initial term of 1 year from the date the quote is signed. The Platform will be made available within 10 business days following validation of the subscription and the first payment.
At the end of the initial term, the subscription is automatically renewed for successive 1-year periods, unless terminated by either party in accordance with the conditions set out in Article 15.
The Client may terminate their subscription at any time, subject to a 90-day notice period for annual subscriptions. Termination takes effect at the end of the current period. No pro-rata refunds will be issued for the notice period already invoiced, unless otherwise agreed.
The Publisher may terminate the subscription automatically, without compensation, in the following cases:
On the effective date of termination, access to the Platform is deactivated. The Client has a period of 30 days to export their data. After this period, the data will be deleted in accordance with the retention conditions defined in Article 8. Any outstanding amounts remain due.
The Charging Card is issued by Oriway Business. It is provided to the Driver designated by the Client. It is delivered within 5 business days of the order.
The Charging Card is personal and may only be used by the Driver to whom it has been assigned. In the event of loss, theft, or damage, the Driver must immediately notify the Client in order to deactivate and replace it via the Driver Mobile Application.
Charging sessions performed via the Charging Card are billed according to the rates of partner networks, which are retrieved and consolidated within the Platform. Billing to the Client is carried out bi-monthly based on the consumption statement. The Publisher cannot guarantee the rates of third-party networks, which are subject to change without notice.
Service Level Commitments
- Platform availability: 95% / month
- P1 (critical) support response time: 24 hours
- P2 (major) support response time: 48 hours
- P3 (minor) support response time: 72 hours
- Scheduled maintenance: 96-hour notice
The Client may, at any time during the term of their subscription, request an export of all their data from the Platform in the following formats: CSV or JSON. In the event of termination, the export may be requested within the timeframe specified in Article 15.3.
The Publisher reserves the right to modify these Terms and Conditions at any time. Changes will be notified to the Client by email with 10 days' notice. In the absence of a formal objection from the Client within this period, the new Terms and Conditions will be deemed accepted. In the event of an objection, the Client may terminate their subscription without penalty under the conditions set out in Article 15.1.
These Terms and Conditions are governed by French law.
In the event of a dispute regarding the interpretation or performance of these terms, the parties agree to seek an amicable solution before taking any legal action. If no amicable resolution is reached within 30 days of notification of the dispute, the parties may resort to mediation through the CM2C.
In the absence of an amicable settlement, any dispute relating to the formation, interpretation, or performance of these terms shall be subject to the exclusive jurisdiction of the Commercial Court of La Roche-sur-Yon, even in the event of multiple defendants or third-party claims.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The failure of either party to enforce any breach of the obligations contained in these Terms and Conditions shall not be construed as a waiver of the obligation in question.
These Terms and Conditions, along with any applicable quote, Data Processing Agreement (DPA), and technical annexes, constitute the entire agreement between the parties and supersede all prior agreements or communications.
The Client may not assign any or all of their rights and obligations under these terms without the prior written consent of the Publisher. The Publisher may freely assign this agreement in the event of a merger, acquisition, or sale of business.
