Terms of use

1. Purpose

These terms of use (the "Terms") govern access to and use of the MOUTOUKA application (the "Service"), whose publisher is identified in the legal notice. By creating an account or using the Service, you accept these Terms.

2. The Service

MOUTOUKA is a fleet management application for vehicle owners, fleet managers, transport companies and drivers. It makes it possible, among other things, to track vehicles, drivers and controllers, revenue and expenses, maintenance and repairs, documents and their expiry dates, and to produce a balance, driver payroll, alerts and performance indicators.

• Calculations rely on your entries. Commissions, payroll, the balance and the indicators are calculated from the data and rates you record. A commission is frozen when the entry is made: a changed rate applies only to subsequent entries and does not rewrite history.
• Accounting lock. A locked month can no longer be changed.
• Offline entry. The driver space works without network: entries stay on the phone and are sent when the connection returns. Until they are sent, they exist only on that device.
• Messages. The Service may send you messages relating to your account and your subscription (address confirmation, expiry reminders) by email, SMS or WhatsApp.

The features of the Service may change.

3. Account and organisation

Using the Service requires an account, created with your company name, an email address or a phone number, and a password. A sign-up by email is confirmed from the link received; a sign-up by phone, by a code received by SMS. You undertake to provide accurate information and to keep your credentials confidential.

Signing up creates an organisation, which groups together the vehicles, data and members of your company. The person who creates it is its administrator. They may invite other people by means of an invitation code and assign them a role:

• Administrator: full access, organisation settings and member management;
• Manager: records and edits, without being able to delete or change settings;
• Reader: views, without changing anything;
• Driver: only accesses the vehicle entrusted to them, records their revenue and expenses there and views their pay.

The administrator is responsible for the access they grant and withdraw. Each user is responsible for the activity carried out from their account, must have the legal capacity to enter into a contract, and informs us without delay of any unauthorised use.

4. Plans, trial and subscription

• Solo plan. An organisation with one active vehicle and one active user uses the Service free of charge, with all its features and no time limit.
• Trial. Every new organisation has a 30-day trial, with every feature; invitations are unrestricted during the trial.
• Subscription. Beyond the Solo plan — from the second active vehicle or the second active user — use of the Service after the trial is subject to a subscription whose price depends on fleet size, according to the grid published on the Pricing page. Every feature is included in every plan. Beyond 50 vehicles, the price is set by quotation, with an annual commitment.
• Counting. A vehicle is active as long as it is neither deleted nor sold; a broken-down vehicle remains active. A user is active as long as their account is not deactivated, whatever their role.
• Prices. Prices are stated in CFA francs (FCFA), all taxes included. The subscription is paid monthly, quarterly or annually; a year corresponds to ten months of payment.
• Payment. Payment is made by the means offered in the application or communicated by the publisher. Until online payment is open, the publisher activates the subscription on receipt of payment.
• Term. The subscription covers the period paid for. It is not renewed automatically: it is extended by a new payment.
• Price changes. A new price applies from its effective date; it does not alter a period already paid for.

5. Expiry, read-only mode and suspension

• End of the trial. If the organisation exceeds the Solo plan without having taken out a subscription, it switches to read-only at the end of the trial.
• End of a paid period. Entries remain possible for 7 days after the end of the period; without payment within that time, the organisation switches to read-only.
• Read-only. Data can still be viewed but can no longer be added or changed, and new members can no longer be invited. Nothing is deleted as a result of expiry; entries resume as soon as the subscription is activated.
• Suspension. The publisher may suspend or terminate an organisation's access in the event of a breach of these Terms, abusive use or for legal reasons. A suspension blocks entries; it can be lifted.

6. Use of the Service

You undertake to use the Service in accordance with applicable law and these Terms. In particular, it is forbidden to:

• compromise the security or integrity of the Service;
• access data that does not belong to you;
• use the Service for unlawful or fraudulent purposes;
• attempt to circumvent the authentication, access control or subscription counting mechanisms.

7. Your data

The data you enter (vehicles, drivers, revenue, expenses, documents, etc.) remains yours, and you are responsible for it. You warrant that you hold the necessary rights over this data and undertake to comply with applicable regulations, in particular regarding the protection of third parties' personal data, for example your drivers'.

• The administrator may at any time export the organisation's data to an Excel file.
• The publisher backs up the data every night; each backup is kept for 30 days.

The processing of your data is described in the privacy policy.

8. Availability and security

We endeavour to keep the Service available, without guaranteeing uninterrupted operation. The Service may be temporarily interrupted for maintenance or technical reasons. We implement reasonable security measures, but no transmission or storage is entirely infallible.

9. Intellectual property

The Service, its brand, its interface, its software components, its calculation methods — including the performance score — and its content, other than data entered by users, are protected and remain the property of the publisher. No right is transferred under these Terms, other than the right to use the Service in accordance with them.

10. Ending the account and deleting the organisation

You may stop using the Service at any time. The administrator may request deletion of the organisation by writing to the contact address below. A copy of your data can be provided to you before deletion. The organisation is then deactivated and its access closed; for 30 days, it can be restored at the administrator's request. After that, its data may be permanently erased. Retention terms are set out in the privacy policy.

11. Limitation of liability

The Service is provided "as is". To the extent permitted by law, the publisher cannot be held liable for indirect damage resulting from the use of, or inability to use, the Service. The results displayed depend on the data entered; management decisions taken on the basis of this information are the user's responsibility.

12. Changes to the Service and the Terms

The Service and these Terms may change. In the event of a substantial change, we will endeavour to inform users. Continued use constitutes acceptance of the updated Terms.

13. Contact and support

For any question about the Service or your subscription, you can write to us at [email protected].

14. Governing law

These Terms are governed by the law of the Republic of the Congo. In the event of a dispute, the parties first seek an amicable solution; failing that, the dispute is submitted to the competent courts of the publisher's registered office. The French version of these Terms is the binding version.