TERMS AND CONDITIONS OF SALE

AND TERMS OF USE FOR THE FLEETEE SERVICE

Effective as of March 18, 2026

 

Article 1 – Purpose

The purpose of these General Terms and Conditions of Sale and Use (hereinafter the “GTC”) is to define the terms and conditions under which ZOTCAR, S.A.S., a company with a capital of 7,463 euros, whose registered office is located at 20 rue Maxime Rivière, Parc Technor, 97490 Saint-Denis (Reunion Island), registered with the Saint-Denis-de-la-Réunion Trade and Companies Register under number 819 286 154, represented by its President, Mr. Michel Thiers (hereinafter the “Service Provider”), makes the Services offered under the Fleetee trademark available to the User.

These Terms and Conditions govern all contractual relationships between the Service Provider and the User and take precedence over any other document, unless otherwise expressly agreed in writing.

Article 2 – Definitions

The terms used in these Terms and Conditions, when capitalized, have the following meanings:

Subscription: refers to a paid monthly or annual subscription to one of the Fleetee plans (Manager, Check, Full, Web, Keyless, Connect, API).

Application or Solution: refers to the SaaS software published by the Service Provider under the Fleetee brand, accessible via the Internet, which enables the management of a fleet of assets intended for commercial rental.

User Account: refers to the personal space created by the User on the Fleetee platform, protected by login credentials.

User Data: means all data, files, documents, and content imported, entered, or generated by the User in connection with their use of the Solution.

Personal Data: means any information relating to an identified or identifiable natural person within the meaning of Regulation (EU) 2016/679 (GDPR).

Digital inventory: refers to the PDF document automatically generated with the information entered and the photos taken at the beginning and end of the rental period via the FLEETEE CHECK app.

Fleet: refers to all assets (vehicles, equipment, etc.) listed by the User on FLEETEE MANAGER.

Services: refers to all features and services accessible through the Solution as part of the Subscription purchased.

User or Customer: means any individual or legal entity that has subscribed to the Service by accepting a quote or by purchasing a subscription online and is current with their payments.

Article 3 – Acceptance of the Terms and Conditions

3.1 Terms of Acceptance

Acceptance of these Terms and Conditions is indicated by checking a box when creating a User Account or subscribing to a Subscription. This acceptance constitutes proof that the User has read and unreservedly agreed to these Terms and Conditions in their entirety.

The User may only use the Services upon acceptance of these Terms. The person accepting these Terms warrants that they have the necessary capacity and authority to legally bind the entity they represent.

3.2 Changes to the Terms and Conditions

The Service Provider reserves the right to modify these Terms and Conditions. Any changes will be notified to the User by email at least two (2) months before they take effect. The User may view the updated version on the website www.fleetee.io.

If the User does not agree with the changes made, they may cancel their Subscription at no cost within two (2) months of receiving notice. After this period, the User will be deemed to have accepted the new terms and conditions. The amended Terms and Conditions will replace the previous version.

3.3 Acceptance of Third-Party Service Providers' Terms and Conditions

The User acknowledges and agrees that the use of certain features involves the use of third-party service providers (including Stripe, PayZen, SystemPay, MIPS, and Swikly), whose own terms and conditions apply. Acceptance of these Terms and Conditions implies that the User has read and understood those terms. The Service Provider shall not be held liable in the event of the termination or suspension of a third-party service provider’s services.

Article 4 – Terms of Access to the Service

4.1 Legal capacity

The Services are available to any individual with full legal capacity or to any legal entity acting through an authorized legal representative.

4.2 Services for Professionals Only

The Solution and Services are intended exclusively for professionals, defined as any individual or legal entity engaged in a paid activity on a non-occasional basis.

4.3 Technical Requirements

Access to the Services requires an Internet connection (GPRS, EDGE, 3G, 4G, 5G, Wi-Fi). Some features may be available offline. The User is solely responsible for the compatibility of their device and the quality of their connection.

Article 5 – License Agreement

The Service Provider grants the User, for the duration of the Subscription, a non-exclusive, non-transferable, non-assignable, and personal right to use the Solution, in its current version. This right of use is strictly limited to the User’s own professional needs.

In particular, the User agrees not to:

  • Copy, reproduce, decompile, disassemble, or reverse engineer all or any part of the Solution;
  • Transfer, sublicense, rent, or grant third parties access to the Solution;
  • Use the Solution for any unlawful purpose, or in a manner that violates public policy or infringes upon the rights of third parties;
  • Attempting to gain unauthorized access to the Service Provider’s systems or networks;
  • Storing or distributing, through the Solution, any data that is illegal, defamatory, or infringes on the privacy of third parties.

Article 6 – User Obligations

The User agrees to:

  • Provide accurate, complete, and up-to-date information when creating your Account and using the Services;
  • Keep your login credentials confidential and be solely responsible for any use of your Account;
  • Immediately notify the Service Provider in the event of unauthorized use of your Account or any security breach;
  • Assume full responsibility for the content, accuracy, and legality of the data entered into the Solution;
  • Comply with all applicable laws and regulations when using the Services.

Article 7 – Description of Bids

The Service Provider offers the following plans, details of which are available on the website www.fleetee.io and in the App:

  • FLEETEE MANAGER: SaaS fleet management software;
  • FLEETEE CHECK: includes the Manager package and access to the mobile app for digital property inspections;
  • FLEETEE WEB: includes the creation of a booking website customized to the User’s branding;
  • FLEETEE KEYLESS: a connected device solution for keyless vehicle access;
  • FLEETEE CONNECT: API integration that enables an existing website to connect to the Solution.

7.1 Additional Features

Payment links: The Service Provider allows the User to send payment links to their own customers via various payment providers integrated into the Solution (Stripe, PayZen, SystemPay, MIPS, Swikly). For each transaction made via a Stripe payment link, the Provider charges €1 in addition to the applicable Stripe fees (detailed at https://stripe.com/fr/connect/pricing). The pricing terms of other payment providers are available upon request or directly within the Application.

Listing on Zotcar: Users with vehicles based in Réunion, Martinique, or Guadeloupe may list them on the www.zotcar.com platform. Each rental confirmed through Zotcar is subject to a 15% fee of the total amount. The remaining amount is paid to the User in accordance with the terms set forth in Zotcar’s Terms and Conditions, available at www.zotcar.com.

Article 8 – Service Availability and Service Level Agreement (SLA)

8.1 Availability

The Solution is available 24 hours a day, 7 days a week, subject to the maintenance operations described in this section and cases of force majeure.

8.2 Service Level Agreement

The Service Provider agrees to ensure that the Solution is available 99.5% of the time per calendar month, excluding periods of scheduled maintenance and cases of force majeure.

The availability rate is calculated using the following formula: (Total number of minutes in the month – Number of minutes of unplanned downtime) / Total number of minutes in the month × 100.

8.3 Maintenance

The Service Provider reserves the right to temporarily suspend access to the Solution for maintenance purposes (corrective, upgrade, or preventive). Scheduled maintenance will, whenever possible, be scheduled outside of business hours and notified to the User by email at least 48 hours in advance.

8.4 Compensation for Breach of the SLA

In the event of failure to meet the guaranteed uptime rate for a calendar month, the User may, upon written request submitted within 30 days of the incident, receive a credit equal to the pro-rata amount of downtime exceeding the guaranteed threshold, applied to the next invoice, up to a maximum of 10% of the amount of the applicable monthly Subscription fee. This credit constitutes the User’s sole remedy under this service level agreement.

Article 9 – Subscription and Membership

9.1 Probationary Period

To access the Services, the User creates an Account on the Fleetee platform (https://app.fleetee.io), which automatically activates a fourteen (14)-day free trial period. Depending on the sign-up process, the trial period may be offered in two ways:

  • Free trial period without a credit card: The User is granted free access for 14 days. At the end of this period, access to the Solution is automatically blocked and can only be reactivated by purchasing a Subscription;
  • Trial period with credit card: The User provides their credit card information upon registration. At the end of the 14-day trial period, the Subscription is automatically activated and the first payment is processed. However, the User may cancel or suspend their Subscription at any time before the end of the trial period without being charged.

9.2 Subscription

The Subscription has no minimum term. It may be monthly or annual and is automatically renewed for successive periods of the same duration, unless the User cancels it in accordance with the terms set forth in Section 14. Any period that has begun is due in full.

The prices for the various offers are listed on the website www.fleetee.io or directly in the App. The Service Provider reserves the right to change its rates, provided that it notifies the User at least one (1) month before the new rates take effect.

Article 10 – Billing and Payment

10.1 Payment Terms

Payment for the Subscription is made via direct debit (credit card through Stripe or SEPA direct debit). The amounts due, including VAT, are charged at the start of each Subscription Period and at the end of each month for any overages or additional fees.

For an annual subscription, the amount is payable in a single payment upon sign-up via bank transfer or direct debit.

10.2 Late Payment

In the event of a failed direct debit or late payment, the User has seven (7) days to resolve the issue. The Service Provider will notify the User via email of the failed payment. If the issue is not resolved within this 7-day period, access to the Solution will be automatically suspended until the matter is fully resolved. In addition, any late payment may result in the application of late payment penalties equal to three (3) times the applicable statutory interest rate, as well as a fixed compensation fee of €40 for collection costs, in accordance with Articles L.441-10 and D.441-5 of the French Commercial Code.

Article 11 – Support and Assistance

The Service Provider provides the User with technical support in accordance with the following terms and conditions:

  • By email at: support@fleetee.io, Monday through Friday from 9 a.m. to 12 p.m. and from 2 p.m. to 5 p.m. (mainland France time);
  • Via the app’s built-in chat feature, available Monday through Friday from 2:00 PM to 5:00 PM (mainland France time).

The Service Provider strives to respond to support requests within a reasonable timeframe. Requests are handled on a priority basis depending on the severity of the reported issue. Support covers assistance with using the Solution and resolving issues. It does not cover in-depth training, business consulting, or custom development.

Article 12 – Data Security

The Service Provider implements appropriate technical and organizational measures to ensure the security, integrity, and confidentiality of User Data, including:

  • Encryption of data in transit (TLS/SSL) and at rest;
  • Hosting on the Amazon Web Services (AWS) infrastructure in Europe (Ireland/France), ISO 27001 certified;
  • Regular, automated data backups;
  • Strict access control and secure authentication;
  • Continuous system monitoring and intrusion detection.

In the event of a data breach (security breach, unauthorized access, data loss), the Service Provider agrees to notify the User as soon as possible and no later than 72 hours after the incident is discovered, in accordance with Article 33 of the GDPR.

Article 13 – Protection of Personal Data

13.1 Roles of the Parties

When using the Solution, the User acts as the Data Controller for the personal data it collects and processes through the Solution (data pertaining to its own customers: tenants, drivers, etc.). The Service Provider acts as a Data Processor within the meaning of Article 28 of the GDPR.

With respect to the User’s personal data (identity, contact information, billing information), the Service Provider acts as the Data Controller.

13.2 Obligations of the Service Provider as a Subcontractor

The Service Provider agrees to:

  • Process Personal Data only upon the User’s documented instructions and solely for the purpose of providing the Services;
  • Ensure data confidentiality and ensure that individuals authorized to process data are bound by a duty of confidentiality;
  • Implement the technical and organizational security measures described in Article 12;
  • Assist the User in fulfilling its obligation to respond to requests from data subjects to exercise their rights (access, rectification, erasure, portability, objection, restriction);
  • Notify the User of any data breach within 72 hours;
  • At the User’s discretion, delete or return the data upon completion of the service in accordance with the terms set forth in Article 15.

13.3 Subcontractors of subcontractors

The User authorizes the Service Provider to engage the following subcontractors to perform the Services:

  • Amazon Web Services (AWS) – Cloud hosting and infrastructure – Europe (Ireland / France);
  • Stripe – Payment services – Europe / United States;
  • PayZen / SystemPay (Lyra Network) – Payment services – France;
  • MIPS – Payment services;
  • Swikly – Security deposit and bank account management – France;
  • HubSpot – CRM and customer relationship management – Europe / United States;
  • ZOTCAR / ZOTCAR CARAÏBES – A platform connecting car rental providers and customers (www.zotcar.com) – Réunion / Caribbean.

The Service Provider agrees to notify the User of any changes regarding the addition or replacement of a subsequent subcontractor, allowing a reasonable period of time for the User to raise objections. Each subsequent subcontractor is bound by data protection obligations equivalent to those set forth herein.

13.4 Data Location

User Data is hosted on Amazon Web Services (AWS) servers located in the European Union (Ireland and/or France regions). No data is transferred outside the European Economic Area without appropriate safeguards (European Commission Standard Contractual Clauses or an adequacy decision).

13.5 Rights of Data Subjects

In accordance with the GDPR, individuals whose personal data is processed have the following rights: the right of access, rectification, erasure, restriction of processing, objection, and data portability, as well as the right to provide instructions regarding the handling of their data after their death.

These rights may be exercised by email at: contact@fleetee.io. The Service Provider undertakes to respond within one (1) month of receiving the request. In the event of any difficulties, the User or the data subject may file a complaint with the CNIL (www.cnil.fr).

13.6 Shelf life

The User’s personal data is retained for the duration of the Subscription and for a period of sixty (60) days following the termination or expiration of the Subscription, to allow for data restoration. After this period, the data will be permanently deleted, unless there is a legal obligation to retain it.

Article 14 – Termination

14.1 Termination by the User

The User may cancel their Subscription at any time using one of the following methods:

  • Directly from their Stripe subscription management dashboard (billing portal accessible from the app);
  • By email to: contact@fleetee.io.

The cancellation takes effect at the end of the current subscription period (monthly or annual). Any period that has already begun must be paid in full and is non-refundable.

14.2 Termination by the Service Provider

The Service Provider may terminate the Subscription or suspend access to the Solution as of right, following a formal notice that has remained unanswered for five (5) business days, in the event of:

  • A breach by the User of any provision of these Terms and Conditions;
  • Failure to pay all or part of the amounts due;
  • Fraud or misuse of the Solution;
  • Any activity that compromises the integrity, security, or proper functioning of the Solution.

In the event of a serious breach or fraud, the contract may be terminated without notice or prior formal notice.

14.3 Inactive Accounts

The Service Provider reserves the right to close and delete any Account that remains inactive for a continuous period of six (6) months, following an email notification that has gone unanswered for thirty (30) days.

Article 15 – Data reversibility and portability

Upon termination of the contract, for any reason whatsoever, the User may request the return of all their data in a standard, usable format (CSV, PDF, or JSON, depending on the data in question).

The refund request must be sent by email to contact@fleetee.io within sixty (60) days of the effective date of termination. The Service Provider agrees to process the refund within fifteen (15) business days of receiving the request.

Once the sixty (60)-day period following termination has elapsed, the User’s Data will be permanently deleted from the Service Provider’s servers, unless there is a legal obligation to retain it.

Article 16 – Intellectual Property

16.1 Rights of the Service Provider

ZOTCAR holds all intellectual property rights relating to the Solution, the Fleetee brand, and the textual, graphic, software, and other elements comprising the Service. The fleetee.io website, the Fleetee mobile applications, and all associated developments are the exclusive property of SAS ZOTCAR. Any reproduction, even partial, is subject to the prior written authorization of the Service Provider.

16.2 User Rights Regarding Their Data

All User Data imported or entered into the Solution remains the exclusive property of the User. The Service Provider has no rights to such data other than those strictly necessary for the performance of the Services.

16.3 Usage Data

The Service Provider may collect and use anonymized and aggregated usage data (usage statistics, performance metrics, trends) for the purpose of improving the Solution. Under no circumstances does this data allow for the direct or indirect identification of the User or its customers.

Article 17 – Limitation of Liability

17.1 Best-Efforts Obligations

The Service Provider is bound by an obligation of means in the performance of the Services. The Service Provider agrees to exercise all due care and diligence necessary to provide a high-quality service.

17.2 Disclaimers

The Service Provider shall not be held liable for:

  • Data and information entered by the User into the Solution, or documents generated from such data (invoices, lease agreements, quotes, property inspection reports);
  • Damage resulting from use that does not comply with these Terms and Conditions or the documentation;
  • Losses or damages resulting from service interruptions caused by force majeure or the actions of a third party (telecom operator, hosting provider, etc.);
  • Consequential damages, such as loss of revenue, profits, customers, data, business opportunities, or any other indirect financial loss.

17.3 Limit of Liability

In any event, the Service Provider’s total and aggregate liability under these Terms and Conditions, for any cause whatsoever, is limited to the total amount actually paid by the User during the three (3) months preceding the event giving rise to liability. This limitation does not apply in the event of gross negligence or willful misconduct on the part of the Service Provider.

Article 18 – Force Majeure

Neither Party shall be held liable for the total or partial failure to perform its obligations if such failure is due to a force majeure event as defined in Article 1218 of the Civil Code, including: natural disasters, epidemics or pandemics, wars, acts of terrorism, riots, fires, floods, general strikes, widespread failure of telecommunications or electricity networks, large-scale cyberattacks, or governmental or regulatory decisions preventing the performance of the contract.

The Party affected by a force majeure event shall notify the other Party as soon as possible. If the force majeure event continues for more than ninety (90) days, either Party may terminate the contract without liability for damages.

Article 19 – Digital Signature

A handwritten signature on an electronic device (tablet, smartphone, etc.) provided by users when signing a lease agreement is permitted under Law No. 2000-230 of March 13, 2000, which adapts the law of evidence to information technology. The signature validates the inventory of fixtures and allows the lease to begin or end.

Article 20 – Commercial References

The User authorizes the Service Provider to cite the User and, where applicable, to reproduce the User’s trademark or logo for commercial reference purposes, including at trade shows or events, in its marketing materials, and on its website, in any form whatsoever. The User may revoke this authorization upon written request.

Article 21 – Confidentiality

Each Party agrees to treat as confidential all commercial, technical, financial, or strategic information received from the other Party in connection with the performance of these Terms and Conditions. This confidentiality obligation shall survive the termination of the contract for a period of two (2) years.

Article 22 – Cookies

The website www.fleetee.io and the App may use cookies and similar technologies to ensure the proper functioning of the service, improve the user experience, and compile traffic statistics. Users can manage their cookie preferences via the consent banner or their browser settings. For more information, Users are invited to review the cookie policy available on the website.

Article 23 – General Provisions

23.1 Entire Agreement

These Terms and Conditions, including any appendices thereto, constitute the entire agreement between the Parties and supersede any prior agreement, whether written or oral, relating to the same subject matter.

23.2 Partial invalidity

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

23.3 Waiver

The failure of either Party to exercise or enforce any right provided for in these Terms and Conditions shall not constitute a waiver of such right.

23.4 Transfer

The User may not assign these Terms and Conditions or any of its rights or obligations without the prior written consent of the Service Provider. The Service Provider may freely assign these Terms and Conditions to any company within the ZOTCAR group.

Article 24 – Governing Law and Jurisdiction

These Terms and Conditions are governed by French law, to the exclusion of any conflict-of-laws rules. In the event of a dispute regarding the formation, interpretation, performance, or termination of these Terms and Conditions, the Parties shall endeavor to reach an amicable resolution. If no amicable agreement is reached within thirty (30) days, the dispute shall be submitted to the exclusive jurisdiction of the Commercial Court of Saint-Denis, Réunion, notwithstanding multiple defendants or third-party claims.

 

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Last updated: March 18, 2026