General Terms of Use

  • Home
  • General Terms of Use

Version: November 9, 2021, effective December 9, 2021
[See the previous version of the GTU (dated April 6, 2020), valid until December 9, 2021.]

Table of Contents

Preamble and Purpose

  1. General Presentation of the Application
  2. Access to the Application
  3. Acceptance and Modification of the GTU
  4. User Obligations
  5. Placing Orders
  6. Free Trial
  7. Subscription to Auto-Renewing Plans
  8. Right of Withdrawal
  9. Use of the Application
  10. Customer Service and Technical Support
  11. Liability
  12. Privacy Protection
  13. Force Majeure
  14. Modification and Termination of the Application
  15. Disclaimers
  16. Data Protection and Privacy
  17. Governing Law

Preamble and Purpose

UBICARTA, a simplified joint-stock company with a share capital of €10,000, registered under number 820 339 224 with the Bordeaux Trade and Companies Register, whose registered office is located at 89 ter rue Louis Laverny, 33130 Bègles, France (hereinafter referred to as the “Company”), owns and holds the rights to the IGNrando’ mobile application (hereinafter referred to as the “Application”).

The Company provides access to its service offering (hereinafter referred to as the “Service”) via the IGNrando’ application to any individual non-professional user meeting the defined criteria (hereinafter referred to as the “User”).

These General Terms of Use (GTU) are applicable from December 9, 2021, and govern the rights and obligations of the Company and the User concerning the Service. The GTU apply to any use of the Application by a non-professional User.

By downloading and using the Application, the User acknowledges having read and accepted these GTU without reservation.

The User declares they are of legal age or possess parental authorization and have the legal capacity to enter into agreements.

Both parties agree that their relationship will be exclusively governed by these terms, which are accepted by the User upon first launching the Application.

The GTU are also available at any time on the website https://ubicarta.fr/ignrando/cgu.

The GTU apply to all services offered by the Company through the IGNrando’ application and ordered by the User.

The Company reserves the right to revise these terms at any time, with new terms applying to all new uses of the Application, regardless of prior relations between the Company and the User.

Article 1: General Presentation of the Application

The Application is designed for personal and non-commercial use. It offers the following functionalities:

  • Free consultation of maps, routes, points of interest, and route guidance.
  • Downloading of maps with a subscription.

These features are accessible via all iOS and Android devices as presented in the Application.

Access Requirements

To use the Application, the User must have:

  1. Internet Access
  2. An account depending on their device and intended use:
    • Apple Account: To download the Application and use the Service on iOS devices.
    • Google Account: To download the Application and use the Service on Android devices.
    • IGNrando’ Account: Required for free route downloads.
    • IGNrando’ Account with Subscription: Required for map downloads.
    • A valid payment method associated with:
      • An Apple Account (for iOS devices).
      • A Google Account (for Android devices).

The Application can be downloaded for free.

Subscription Service

The Application offers a paid annual subscription, “Cartes IGN Liberté”, which includes:

  • Viewing and downloading all available maps.
  • Creating routes using guided input.

Any connection fees or electronic file download charges from internet providers or telecommunications operators are the sole responsibility of the User.

Eligibility

The Application is open to all Users defined as individual persons using it for personal purposes.

  • Minors: Can access the Application under the responsibility and authorization of their legal guardian.

Features

The Application includes tools to assist Users in their outdoor activities, including:

  1. Account Management:
  2. Route and Point of Interest Features:
    • Searching for IGNrando’ routes and points of interest.
    • Downloading routes and points of interest for offline use.
    • Downloading maps along routes or within a defined area (subscription required).
  3. Navigation and Data Management:
    • Guided navigation along routes.
    • Recording routes and points of interest created by the User.
    • Synchronizing data with the ignrando.fr website.

Data Anonymization and Outdoorvision

By default, recorded routes (via the “Record a Route” feature) are anonymized and sent to the Outdoorvision program (run by the Ministry of Sports). Users can consult the Outdoorvision Privacy Policy.

  • Opt-out: To withdraw from the program, Users must uncheck the “Participate in the Outdoorvision program” option in the application settings (accessible under “Profile” > “Settings”).

Modifications and Data Loss

UBICARTA reserves the right to add, modify, or remove features within the Application without compensation to the User.

Note: If the Application is uninstalled or its data is deleted, any unsynchronized data created through the Application will not be preserved.

Personal Use Only

The Application is strictly for personal, non-commercial use.

Article 2: Access to the Application

To fully utilize the features of the Application, the User is encouraged to grant the Application access to their device’s location.

Download and Installation

To access the Application on a device, the User must download and install it from one of the following platforms:

  • Apple App Store: For iOS devices.
  • Mac App Store: For Mac devices with an Apple Silicon processor.
  • Google Play Store: For Android or Chrome OS devices.

Availability

The Application is accessible continuously, subject to:

  • The reliability of the internet connection selected by the User.
  • The availability of services provided by third-party providers such as Apple, Google, IGN, and OVH.

The User is informed that the Application may be temporarily unavailable due to maintenance or repair.

Temporary Access Suspension

UBICARTA reserves the right to temporarily suspend access to the Application without prior notice or compensation in cases of:

  • Force majeure.
  • Judicial or administrative decisions.

In such cases, UBICARTA is not liable for any damages of any kind resulting from the suspension. However, purchase credits that cannot be used due to this will be refunded to the User.

Article 3: Acceptance and Modification of the Application’s Terms of Use (CGU)

The use of the Application implies the User’s full and unconditional acceptance of the Terms of Use (CGU).

Acceptance of the CGU

The User accepts the CGU:

  • During the initial launch of the Application.
  • At each order placement, as outlined in Article 5, “Order Placement,” of the CGU.

Modifications

The Company reserves the right to modify the Application and the CGU at any time.

  • Notification:
    Users are notified of such modifications at least thirty (30) days before they take effect, except in cases where the changes are required by law or a judicial/administrative decision, in which case they take effect immediately.
  • Refusal of New Conditions:
    If the User disagrees with the new conditions, they must terminate their access to the Application as outlined in the relevant CGU provisions.
  • Implicit Acceptance:
    A User who does not terminate their subscription within the specified period is deemed to have accepted the modifications to the CGU.

Article 4: Obligations of the User

The User agrees to refrain from any behavior that misuses the Application, including but not limited to:

  1. Prohibited Activities
    • Engaging in any illegal, harmful, offensive, racist, hateful, revisionist, immoral, or privacy-infringing actions or those violating the private rights of others, including the right to privacy, image rights, and intellectual property rights.
    • Extracting or collecting personal data from other Users of the Application by any means.
    • Distributing, publishing, or storing illegal content.
    • Extracting, recording, or exploiting third-party content protected by intellectual property rights, personal data, privacy rights, or image rights for purposes other than display on the Application.
    • Impersonating a third party and/or publishing personal information about a third party without their prior consent.
  2. User Commitments
    • Use the Application with caution and good judgment. For example, the User should always remain on marked paths, even if the Application suggests otherwise.
    • Avoid any professional or commercial use of the Application or its content.
    • Comply with all applicable laws and regulations.

The User is fully and solely responsible for any damage resulting from non-compliance with these Terms of Use, and UBICARTA disclaims all liability in such cases.

  1. General Conduct
    By using the services of this Application, the User agrees to adhere to all applicable regulations, including those concerning:
    • Respect for the privacy of others.
    • Image rights of people and property.
    • Any behavior contrary to current laws.

Enforcement of Terms

UBICARTA reserves the right to:

  • Remove any content.
  • Restrict or terminate the User’s access to the Application.

This action may occur without prior notice, warning, or notification at UBICARTA’s sole discretion upon discovering a breach of these Terms of Use.

Article 5: Order Placement

To purchase the annual IGNrando’ Liberté subscription through the Application, the User must follow these steps:

Steps for Subscription

  1. Open the Application: Launch the Application on the device.
  2. Access Subscriptions: Navigate to “Profile”, then select “Subscriptions”.
  3. Choose Subscription: Click on “Subscribe”.
  4. Review Details: A window will appear displaying the purchase details, including the full price with taxes.
  5. Confirm Payment:
    • Select a payment method.
    • Confirm the subscription by clicking “Subscribe”.
    • Read and accept the terms and conditions presented on this screen.

Post-Purchase Confirmation and Access

  • A purchase confirmation email will be sent to the email address associated with the User’s account.
  • Upon successful completion of the purchase, the User will immediately gain access to the features described in Article 1.
  • Users can view and manage their subscription within the Application by selecting “Manage Subscription” on the “Profile” / “Subscriptions” screen.

User Responsibility

  • It is the User’s responsibility to ensure a stable and reliable network connection for optimal use of the Application.
  • Downloads or content viewing may be interrupted if the network connection is lost. In such cases, it is the sole responsibility of the User to resume any interrupted downloads once the connection is restored.

Article 6: Free Trial

The Application offers a 7-day free trial for the features of the Cartes IGN Liberté subscription. This trial period begins automatically upon the first launch of the Application.

Key Features of the Free Trial

  • Account Requirements: The free trial is available with or without an IGNrando’ account and does not result in any automatic payment after the 7-day period.
  • Access: Users have access to the same features as those provided by the Cartes IGN Liberté subscription, with a restriction of two map areas being downloaded and stored on the device simultaneously.

End of Free Trial

  • After the 7-day trial, access to the subscription features will be revoked.
  • If the User does not subscribe to the Cartes IGN Liberté subscription before the trial ends, all downloaded maps will be automatically deleted from the device’s memory.

Changes to the Free Trial

  • Duration Adjustments: The duration of the free trial is subject to change. Any such modifications will apply only to Users starting a trial after the change and will not impact Users already enjoying an ongoing free trial.
  • Feature Updates: The functionalities available during the trial may also evolve, consistent with updates to the Application’s overall features.

Article 7: Subscription with Automatic Renewal

The Application offers a subscription with a fixed-term commitment for a period of one year.

Subscription Process

  • The subscription is activated according to the procedures outlined in Article 5 of the Terms and Conditions (CGU).
  • The subscription period begins immediately upon order, unless a free trial period is offered.
  • Upon purchase, the User’s payment method is charged for the total amount corresponding to the full commitment period.

Automatic Renewal

  • At the end of the commitment period, the subscription will be automatically renewed through tacit renewal, unless the User cancels it before the renewal date.

This subscription purchase method is available directly through the Application.

Article 8: Right of Withdrawal

For any subscription to the Services, the User has the right to exercise a withdrawal right within fourteen (14) calendar days from the date of subscription, in accordance with Article L. 221-18 of the French Consumer Code.

Exercising the Right of Withdrawal

To exercise this right, the User must follow the steps outlined below, depending on the platform used for the purchase:

  • For purchases on the App Store or Mac App Store: Refer to the Apple Media Services Terms and Conditions here.
  • For purchases on Google Play: Refer to the Google Play Terms of Service here.

Article 9: Use of the Application

The general structure of the Application is protected by French intellectual property law, including copyright, neighboring rights, trademark law, right to image, and international law.

Only the use of the Application for personal, non-commercial consultation is permitted.

All reproduction rights are reserved, including for texts, downloadable documents, visual representations, and photographs. The User is not authorized to record the contents of the Application on any medium or for any use, nor to exploit, reproduce, represent, modify, adapt, distribute, transmit, or commercially use all or part of the contents outside the conditions specified in these Terms of Use (CGU).

Any distribution of the contents, in any form and anywhere, is prohibited.

In general, the User agrees to comply with applicable French law and not to infringe on any content. The User guarantees the use of the Application in accordance with the CGU and will indemnify the Company against any claim, action, or complaint from any third party.

The Company reserves the right to suspend the transmission of an Edition or the User’s access to the Application in the event of use contrary to the CGU, particularly in cases of public representation or making available to the public of content protected by copyright.

Accessibility and Malfunctions:

UBICARTA commits to making its best efforts to ensure that the Application is accessible and operational at all times, subject to the limitations outlined in Article 6. However, UBICARTA is only bound by an obligation of means, not a result, and does not offer any guarantee of continuity of services.

Specifically, UBICARTA’s liability cannot be sought in case of malfunction or non-functioning of the Application due to lack of mobile data coverage, poor coverage, or poor GPS signal quality.

UBICARTA also reserves the right to temporarily interrupt access to the Application for maintenance, corrective, or evolutionary reasons, though it will make its best efforts to minimize the interruption time.

Thus, the User acknowledges understanding how the internet functions and accepts its limitations. In particular, the User acknowledges that:

  • The reliability of transmissions is uncertain due to the heterogeneous nature of the infrastructures and networks over which they circulate, and that breakdowns or saturation may occur.
  • Access restrictions to certain networks may exist and may require a specific agreement.
  • Internet users can connect their devices anywhere and may, in certain cases, alter, disseminate, destroy, or falsify data, software, or content circulating on the internet, despite access control procedures (e.g., passwords or other access codes). Therefore, it is the User’s responsibility to take appropriate measures to secure their equipment and data, including protection from viruses and potential intrusions.
  • Any equipment used to connect to the Application is and remains the full responsibility of the User.

Article 10: Customer Service and Technical Support

For any questions related to download or purchase issues, the User is invited to send an email to the following address: ignrando@ubicarta.com.

The Company also uses cookies and web beacons in the provision of the Application.

The cookies used by the Application record information related to the User’s browsing activities. These cookies also enable UBICARTA to conduct statistical studies on the usage of the Application.

The User must give their consent to the use of cookies.

In accordance with the “Informatique et Libertés” law, the User of the Application has the right to access, modify, rectify, and delete their personal data.

To exercise these rights, the User is invited to send an email to the following address: ignrando@ubicarta.com.

Personal data collected through the Application is retained in accordance with the rules prescribed by the “Informatique et Libertés” law and for a duration justified by the purpose of its processing.

The Application has been subject to prior declaration with the Commission Nationale de l’Informatique et des Libertés (CNIL).

The User of the Application is informed that UBICARTA may be required to disclose their personal data, as provided by law, to a duly authorized judicial or administrative authority.

Article 11: Responsibility

The Company makes every effort to provide the User with available tools to use the Application.

However, the Company cannot be held responsible for the speed of access to the Application, access to the data in the Application, downloading, or the temporary suspension or inability to access the Application, particularly if such suspension or impossibility is caused by failures of the telecommunications operators or Internet service providers chosen by the User.

The User is solely responsible for their technical equipment and its compatibility with the Application. They must take the necessary steps to prevent intrusions or viruses using standard means (firewall, antivirus, etc.), which are not the responsibility of UBICARTA.

UBICARTA is not responsible for content posted on the Application (images, photographs, comments, etc.) by Users.

The use of the Application is at the User’s own risk. The User acknowledges this and agrees to take all necessary precautions to use the Application in accordance with these General Terms of Use.

As a result, UBICARTA’s responsibility cannot be sought by the User for any damage, including loss of data, degradation of the User’s equipment, that may occur as a result of using the Application.

Thus, UBICARTA will only be held responsible for damages resulting from a malfunction that blocks access or makes using the Application impossible or very difficult for the User, provided it can be demonstrated that such issues arose exclusively from UBICARTA.

In any case, UBICARTA’s liability, if proven, will be limited to providing access to the Application that complies with the provisions of these General Terms of Use.

Any other damage, including indirect, material, or immaterial damages such as moral, financial, loss of opportunity, loss of profit, harm to reputation, etc., is excluded from repair.

The User uses the Application at their sole and entire responsibility. Children are advised not to use the Application without the presence of an adult.

The natural environment evolves continuously, and the accessibility and practicability of a trail may change according to the seasons, weather conditions, etc.

Thus, the Application should be used as a navigation and decision-making aid, but it should never replace the User’s own judgment and assessment of their safety and choices, particularly regarding external data. It is emphasized that on-site marking information should always take precedence over the information provided by the Application.

UBICARTA will not be held responsible for any accidents, even minor ones, that may occur on the proposed trails.

Article 12: Respect for Privacy

UBICARTA pays particular attention to the protection of Users’ privacy. Users are informed that they can disable the geolocation feature at any time. However, they are also informed that this will result in certain services offered by the Application becoming inaccessible.

Similarly, Users can delete their search history and any personal content they have uploaded at any time.

Article 13: Force Majeure

UBICARTA will not be held liable for any failure to fulfill its obligations due to the occurrence of a force majeure event, which refers to an external, irresistible, and unforeseeable event that prevents or makes the execution of the affected obligation unreasonably difficult.

Article 14: Modification and Cessation of the Application

The Company reserves the right to modify the terms of use of the Application or the offers. Any modifications, including changes in prices, will be communicated to the User via email at the address provided by the User during account creation, with a thirty (30) day notice period.

In the event of cessation of the Application, the User will be notified via email with a thirty (30) day notice.

Any modification or cessation of the Application or offers under the conditions mentioned above will not hold UBICARTA liable in any way.

Article 15: Warnings

Inherent Dangers of Hiking

Hiking is a potentially dangerous activity that can sometimes result in injury or even death. The User of the Application is fully responsible for their activity and must anticipate potential dangers. The User must also assess their physical ability before embarking on a hike alone.

The User must stay informed about local weather conditions and the walkability of trails they wish to hike. UBICARTA cannot be held responsible for the failure of a hike planned by the User, or any incidents, accidents, injuries, or deaths that occur during the hike.

The User is solely responsible for interpreting and using the information provided by the Application to safely enjoy their hike.

Physical Fitness for Sports Activities

The User acknowledges having consulted their doctor to ensure there are no medical contraindications preventing them from engaging in the physical efforts required by any sport activity and that they regularly consult health professionals to monitor their physical activity. UBICARTA cannot be held liable for any direct or indirect damage resulting from engaging in sports activities that are unsuitable for the User or from any medical conditions that arise, whether related to or unrelated to such activities.

Insurance

UBICARTA strongly recommends that the User take out personal accident insurance to cover risks related to physical activities. This insurance must be purchased independently by the User. The User is also advised to check the emergency and mountain rescue conditions and repatriation procedures in the countries where they intend to engage in hiking activities.

Article 16: Data Protection and Privacy

The Parties will refer to the privacy policy available at the following link https://ubicarta.com/ignrando/politique-de-confidentialite/ to understand the applicable rules regarding this matter.

Article 17: Applicable Law

The General Terms and Conditions (CGU) are governed by French law.