Terms and Conditions of Use and Sale

The purpose of these “Terms and Conditions of Use and Sale” is to provide the legal framework under which the “Services” of the website https://bib-batteries.fr are made available and how they are used by the “User” (the “Client”).

1. Company Identification

BIB BATTERIES (the “Company” or “Bib batteries”) is a simplified joint-stock company (SAS), registered with the Nanterre Trade and Companies Register under No. 903 533 321, with its registered office at 14 Villa de la Paix, 92130 Issy-les-Moulineaux, France.

Contact: contact@bib-batteries.fr

The Terms and Conditions must be accepted by any User wishing to access the website. They constitute a contract between the website and the User. By accessing the website, the User acknowledges and accepts these Terms and Conditions.

If necessary:

  • If the User does not accept the Terms and Conditions of Use and Sale set out in this agreement, they must refrain from accessing the Services offered by the website.
  • BIB BATTERIES reserves the right to unilaterally modify the content of these Terms and Conditions at any time.

2. Services Provided

Bib batteries specializes in over-the-air diagnostics of electric vehicle batteries using proprietary software technology.

Bib batteries provides:

2.1. Information Services
  • Reliable and independent Battery Health Certificates.
  • Educational content on battery aging and performance.
2.2. Diagnostic Services
  • Online ordering of Battery Health Certificates via VIN.
  • Scalable integration via API for fleets, insurers, and remarketing platforms.
2.3. Community Features
  • Business newsletter

3. Contractual Framework

The contractual relationship between Bib batteries and the Client is governed, in descending order of precedence, by:

  • The Quote (the “Quote”):
    • Prepared based on the Client’s expressed needs and use case.
    • Valid for 30 days from issuance and must be accepted in writing (including by email).
    • Acceptance of the Quote implies acceptance of these Terms and Conditions in effect on the Quote date.
    • In case of inconsistency, the Quote prevails over these Terms. If multiple Quotes exist, the most recent prevails.
  • These Terms and Conditions

4. Ordering and Contract Formation

4.1. Order Process

Service listings on Bib batteries’ platform are non-binding and constitute invitations to negotiate. The submission of an order by the Client constitutes an offer to purchase. Bib batteries reserves the right to accept or decline any order at its sole discretion.

4.2. Order Confirmation

A binding contract is formed only upon written confirmation of the order by Bib batteries(e.g., email). Bib batteries may reject any order for reasons including, but not limited to, technical limitations, suspected misuse, or other legitimate business grounds.

4.3. Cancellation

Bib batteries reserves the right to cancel confirmed orders in case of unforeseen technical incompatibility or data access limitations. In such cases, any amounts already paid will be refunded in full within fourteen (14) days.

5. Conditions of Access to the Services

  • The Client is a legal entity acting through a duly authorized individual.
  • The Client qualifies as a professional within the meaning of applicable law.

6. Description of the Services

6.1. Scope of Services

The Client acknowledges that Services require internet access and, where applicable, access to vehicle battery data. The scope of the Services is defined in the Quote and may include, for example:

  • Battery diagnostics (SoH reports via VIN)
  • In-life monitoring of electric vehicle batteries
  • Custom studies and battery insights for fleets, insurers, or remarketing purposes

Any modification or extension of the Services will require a new or amended Quote.

6.2. Hosting and Data Handling

Bib batteries ensures secure hosting of its platform and all associated data via a professional provider located within the European Union, under a best-effort obligation and in compliance with applicable data protection laws.

6.3. User Consent and Data Access

Bib batteries’ Services require access to vehicle battery data, which is subject to the Client’s prior consent, in compliance with the GDPR. Bib batteries may request written confirmation of this consent before initiating any data processing. In the absence of valid consent, Bib batteries reserves the right to refuse or suspend the relevant Services.

6.4. Technical Support

Technical support is available via contact@bib-batteries.fr, Monday to Friday, from 9:00 to 18:00 (CET), excluding public holidays.

7. Financial Terms

7.1. Prices

Prices are specified in the Quote accepted by the Client. Unless otherwise agreed in writing, prices are expressed in euros, excluding taxes. Any Service that has been initiated is fully due.

7.2. Invoicing and Payment

An invoice is issued upon confirmation of the order, unless otherwise specified in the Quote. Payment must be made by the Client within the time period indicated on the invoice, using an accepted payment method. The Client warrants that it is authorized to use the selected payment method.

7.3. Late or Non-Payment

In case of late or non-payment:

  • Bib batteries may suspend performance of the Services until full payment is received;
  • Late payment interest shall accrue at a rate of three (3) times the legal interest rate, plus a fixed recovery fee of €40 (and additional indemnity if actual recovery costs exceed this amount);
  • All outstanding sums may become immediately payable.

8. Intellectual Property

8.1 Platform

The platform and all its components (including algorithms, software, data models, documentation, designs, trademarks, etc.) are the exclusive property of Bib batteries and are protected under applicable intellectual property and database rights.

No ownership rights are transferred to the Client. The Client is granted a limited, non-exclusive, non-transferable right to access and use the platform solely for the purpose of using the Services, and only for the duration of the agreement.

8.2 Deliverables

Bib batteries assigns to the Client, as and when delivered, the economic rights it may hold in the deliverables resulting from the Services (SoH Certificates) (the “Deliverables”), excluding Bib batteries' proprietary tools, algorithms, methods, software components, trademarks, and branding elements.

This assignment is non-exclusive, valid worldwide, for the entire legal duration of protection, and for all forms of use, subject to Bib batteries' moral rights.

The assignment includes, in particular:

  • The right to reproduce and store the Deliverables by any means and on any medium,
  • The right to use, publish, and distribute the Deliverables, internally or with third parties,
  • The right to adapt, translate, modify, or extract content from the Deliverables.

The Client has no obligation to exploit the Deliverables.

9. Marketing References

Each party may reference the other (name, logo, platform) as a commercial reference during the contractual relationship and for 3 years thereafter.

10. Client Obligations and Liability

10.1 Information

The Client undertakes to provide all information necessary for the execution of the Services (such as vehicle identifiers, user consent, or access credentials).

Bib batteries shall not be held liable for any consequences resulting from false, incomplete, or outdated information provided by the Client.

10.2 Use of Access Credentials

The Client is responsible for maintaining the confidentiality and security of any access credentials provided (including API keys or platform logins).

Any activity performed using such credentials is deemed to be carried out by the Client.

In case of unauthorized access or suspected breach, the Client must immediately notify Bib batteries, which may suspend access if necessary.

10.3 Acceptable Use of the Services

The Client is responsible for its use and Users’ use. The Client shall not misuse the Services (unlawful activities, harm to third parties/public order/systems, unauthorized promotion, etc.) nor infringe Bib batteries’ rights/interests (copying/diverting components, interference, resale/transfer of access).

The Client is responsible for any content it publishes (“Content”) and must not post illegal, infringing, misleading, harmful, or inappropriate content. The Client shall defend, hold harmless, and indemnify Bib batteries from related claims.

11. Bib batteries’ Obligations and Liability

Bib batteries performs the Services with due care and under a best-effort obligation

11.1 Service Quality

Bib batteries makes reasonable efforts to ensure the quality and reliability of its Services. However, Bib batteries shall not be held liable for interruptions or malfunctions caused by factors outside its control, such as third-party systems, Client-side misconfigurations, connectivity issues, or force majeure.

The Services are under continuous development and may contain residual inaccuracies. They are not guaranteed to meet any specific business use case or regulatory objective unless expressly agreed.

11.2 Availability

Bib batteries does not guarantee uninterrupted access to the Services but will use reasonable efforts to ensure availability, excluding planned maintenance or external disruptions.

11.3. Data Handling

Bib batteries implements regular backups and security measures to protect data processed via its platform. However, Bib batteries shall not be liable for accidental data loss unless caused by proven fault or gross negligence.

11.4 Storage & Security

Bib batteries ensures the secure hosting of its Services in the European Union and implements appropriate technical and organizational safeguards.

12. Limitation of Liability

12.1. Exclusion of Indirect Damages

To the maximum extent permitted by applicable law, Bib batteries shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to:

– loss or corruption of data,

– loss of revenue, profit, or opportunity,

– business interruption or reputational harm,

– claims arising from Client decisions based on Bib batteries' reports or data.

This exclusion applies even if Bib batteries was advised of the possibility of such damages.

12.2. Liability Cap

Bib batteries’ total liability for any claim arising out of or related to the Services shall be strictly limited to the amount effectively paid by the Client to Bib batteries for the Service concerned, within the twelve (12) months preceding the event giving rise to the claim.

This cap shall not apply in cases of personal injury, death, or proven gross negligence.

12.3. Disclaimer on Decision-Making

Bib batteries provides battery diagnostics and analytics based on available data and best-effort models. While certain Services may support decision-making processes (such as insurance coverage, resale valuation, or warranty activation), Bib batteries does not assume responsibility for the Client’s operational or commercial decisions based on such outputs, unless otherwise explicitly agreed in writing.

13. Evidence

Evidence may be brought by any means. Communications exchanged with the Client, including via email, messaging platforms, or any other written medium, as well as technical logs and usage data generated by Bib batteries systems, shall be admissible as evidence. This includes proof of service execution, report delivery, and billing justification.

14. Personal Data

14.1 General Provisions

Each party agrees to comply with applicable data protection regulations, including the General Data Protection Regulation (GDPR) and relevant national laws

14.2. Roles and Responsibilities in Data Processing

Bib batteries undertakes to process personal data solely for the purposes defined in the agreement, namely the provision of the contracted Services (e.g., SoH certificates).The types of processing may include: collection, recording, storage, consultation, use, transmission, anonymization, or deletion of data, in compliance with GDPR principles.

14.3. Bib batteries Data Protection Commitments
  • Instructions: Bib batteries only processes data on documented instructions from the Client. If an instruction appears unlawful, Bib batteries will notify the Client.
  • Security: Bib batteries implements appropriate technical and organizational measures to ensure data security (e.g., encryption, access control, secure hosting, backups).
  • End of Processing: Upon termination of the Services, data will be returned or deleted, at the Client’s choice, unless legally required to retain it.
  • Breach Notification: Bib batteries will notify the Client without undue delay in case of any personal data breach.
14.4. Client Obligations

The Client must:

  • Only share data strictly necessary for the Services;
  • Ensure that personal data is collected lawfully, with a valid legal basis (e.g., consent or legitimate interest);
  • Inform data subjects where required and comply with applicable data protection obligations;
  • Avoid transmitting special categories of data unless explicitly justified and properly safeguarded.

15. Force Majeure

Neither party shall be held liable for any failure or delay in performance caused by a force majeure event as defined under Article 1218 of the French Civil Code. Affected obligations shall be suspended for the duration of the impediment and shall resume within a reasonable time after it ends.

16. End of Services

  • Termination: The contractual relationship ends automatically upon full execution of the ordered Services, unless otherwise agreed in the Quote.
  • Cancellation by the Client: Any cancellation request must be submitted in writing. Services already initiated or performed remain fully due and are non-refundable, unless Bib batteries expressly agrees otherwise in writing.
  • Data Export: The Client is responsible for exporting any results, reports, or data made available by Bib batteries prior to the end of the Services. Bib batteries shall not be liable for the deletion of such data after termination.

17. Sanctions for Breach

The following are considered essential obligations of the Client:

  • Timely and full payment of fees due
  • Providing accurate and complete data necessary for the proper performance of the Services
  • Respectful, courteous communications
  • Use of the Services solely for the Client’s internal needs and in accordance with the agreed scope
  • Abstaining from any illegal use or activity infringing on third-party rights or safety

In the event of a breach of one of these essential obligations, Bib batteries may immediately suspend or terminate access to the Services, notify competent authorities, and take any appropriate legal action, without prejudice to any claim for damages.

In the event of any other breach, Bib batteries shall notify the Client in writing and allow a period of fifteen (15) calendar days to remedy the situation. If the breach is not remedied within this timeframe, Bib batteries may terminate the Services and deactivate the Client’s account.

18. Amendments to the Terms and Conditions

Bib batteries reserves the right to amend these Terms and Conditions at any time. Clients will be notified of any substantial changes by email or other written means at least thirty (30) days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms. If the Client does not accept the amendments, it may terminate the contractual relationship in accordance with the “End of Services” clause.

19. Language

In the event of any discrepancy between different language versions of these Terms and Conditions, the French version shall prevail.

20. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with French law.

Failing amicable resolution within two (2) months from the date of written notice of a dispute, any disagreement shall be submitted to the exclusive jurisdiction of the courts of Paris (France), unless mandatory legal provisions provide otherwise.

21. General Provisions

21.1. Entire Agreement

These Terms and Conditions, together with the Quote and the Privacy Policy, constitute the entire agreement between the parties and supersede all prior communications, representations, or agreements, whether oral or written, relating to the subject matter hereof.

21.2. Severability

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

21.3. Assignment

The Client may not assign or transfer any of its rights or obligations under these Terms without Bib batteries’ prior written consent. Bib batteries may assign the agreement in the context of a merger, acquisition, or transfer of business.

21.4. No Waiver

Failure by either party to enforce any provision of these Terms shall not be construed as a waiver of its right to do so in the future.