Updated on 01 January 2016


The company COWEMO, a joint stock company with capital of € 50,000.00, registered with the Trade and Corporate Register of GRASSE under number 528 627 888, located at Place Sophie Laffitte – Bâtiment Agora - C/O Fondation Sophia Antipolis - 06904 SOPHIA ANTIPOLIS - FRANCE, represented by its Chairman duly authorized for the purposes hereof.

Hereinafter "COWEMO"


Any legal or physical entity, governed by private or public law, registering on the site for the purpose of subscribing to one or more services provided by COWEMO.

Hereinafter the "CLIENT"


1.1. Legal Identification

The site is hosted by the company OVH GS SAS, whose registered office is at 2 rue Kellermann 59100 Roubaix,

1.2. Personal Data Policy

1.3. Definitions


2.1. General Description of Services and prior notification

2.2. Territories

2.3. Acceptance

2.4. Modifications

2.5. Breach


3.1. Registration - Subscription to Services

3.2. Account

3.2.1. Availability

CLIENTS are able to access a personal account by activating the connection parameters (username and password chosen by them at the time of registration for the services), which are activated after validation by COWEMO registration on the Site. The identification data enabling access to their accounts are sent as a reminder to CLIENTS via email. It is the CLIENTS' responsibility to verify the validity of the email address entered on the registration form, given that said email address is a means of identifying the CLIENTS' account. In the event where the email address is incorrect, it is possible that the CLIENT will not be able to access its account and personal space without COWEMO being in any way liable.

It is the responsibility of each CLIENT to regularly change the PIN that was personally chosen at the time of registration with the services and to ensure that the code is made up of letters and numbers that are sufficiently long.

3.2.2. Connection settings disclaimer

Each CLIENT is obligated to maintain the connection settings (username and password) that were personally entered upon registration on the platform confidential.

He is responsible for all uses, whether or not actually or expressly authorized. It is forbidden for the CLIENT to transfer, lend or assign its connection settings to any third party or allow any third party not bound to it in the normal operation of its governing structure to connect to their account.

The CLIENT shall further undertake to:

3.2.3. Contents of the Account

COWEMO has no right to ownership of data, information or documents that the client submits to the Service at the time of use of said latter (the "Client Data"). The CLIENT, not COWEMO, is solely liable for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property rights or rights of use of all CLIENT data, and COWEMO may not be held liable for the deletion, correction, destruction, damage, loss, or failure to store any CLIENT data. Upon termination hereof (not due to breach by the CLIENT), COWEMO shall provide the CLIENT with a Client Data file within 30 days of termination if the Client so requests at the time of termination. COWEMO reserves the right to withhold, remove and/or discard CLIENT Data without prior notice in the event of any breach whatsoever, including default of payment by the CLIENT in particular. Upon termination for cause, the CLIENT's right of access to CLIENT data or usage right to said latter ceases immediately and COWEMO shall not be required to store or transfer any CLIENT data whatsoever.

3.2.4. Technical Support - Premium Offer only

The CLIENT having subscribed the Premium shall receive technical support, which is accessible from the management interface of the account.

The CLIENT expressly acknowledges having been informed that only requests for assistance made in writing using the support tool provided for this purpose processed by COWEMO.

COWEMO shall undertake to process CLIENT request within 24 hours.

3.2.5. Operating conditions – Service Level Agreement (SLA)

Operating conditions

The CLIENT acknowledges and accepts that fluctuations in bandwidth and vagaries that may result from failure or maintenance performed by the access provider and/or the host, if any, are external factors that might cause a discontinuity in the provision of the Services that are not attributable to COWEMO.
Furthermore, service is immediately restricted, limited, or suspended by COWEMO in cases where:

Service Level Agreement (SLA)

COWEMO shall undertake to make sure that the Service is accessible and that its availability rate is 99.9%, i.e. a maximum downtime of 43 minutes and 12 seconds per month. In case of non-compliance with the rate of availability, COWEMO agrees to pay a penalty equal to 2.5% of the monthly amount billed in increments of 60 minutes of downtime.

Nevertheless, the amount of penalties paid monthly by COWEMO may not exceed the monthly amount billed to the CLIENT.
Scheduled downtime for maintenance or for other reasons are not included in the monthly calculation of Service availability. COWEMO shall inform the CLIENT of scheduled downtimes as follows:

3.3. CLIENT Status

3.4. PIXMOBI Solution User License

COWEMO grants to the CLIENTS, who accept, a nonexclusive, non-transferable, non-assignable right to use the service granted by COWEMO, as part of the offer to which they are subscribed and strictly within the limits of the object hereof, namely the provision of Services.

As such, CLIENTS are expressly forbidden to:

3.5. Pricing policy

3.5.1. Rates

The current rates for the various Services and provision of service offered by COWEMO can be consulted on-line on the site and upon request from COWEMO at the following address: COWEMO SAS - Place Sophie Laffitte – Bâtiment Agora - C/O Fondation Sophia Antipolis - 06904 SOPHIA ANTIPOLIS - FRANCE.

The Services or provision of services ordered are listed in the order taking into account the specific conditions that apply, and include all taxes unless otherwise stated and are payable in Euros.

COWEMO reserves the right to change its prices at any time, subject to notification of the CLIENT via email or in a warning posted on the site at least one month in advance, if the new rates less VAT are less favourable to the Client. In this case, the CLIENT shall have a period of one month to terminate this contract without penalty as from notification of said information. Otherwise, the CLIENT shall be deemed to have accepted the new rates. The rate changes shall apply to all contracts including those already in effect.

COWEMO reserves the right to pass on any new tax or any increase in the existing taxes rates without delay.
The services provided by COWEMO are payable upon order. By express agreement and excluding deferral requested in time and granted by COWEMO exceptionally and in writing, the lack of payment of any sum due at the time it is due under the contract shall incur ipso facto and without prior notice:

Any disagreement concerning billing and the types of services must be expressed by email to within one month after submission of the order.

3.5.2. Payments

In case of subscription to a paying offer, the Client shall receive an order form that must be returned signed and accompanied by payment corresponding to the billing frequency it chooses.

The CLIENT has the option to make a payment:

The Service subscribed by the CLIENT is implemented upon receipt by COWEMO of the order form with payment by the CLIENT, subject to any verification by COWEMO of information provided.
COWEMO shall acknowledge receipt of the order form and payment to the CLIENT and shall notify said latter by email of implementation of the services ordered.
The date and time on the COWEMO server shall be valid as proof between the Parties for all exchanges of information by electronic mail. Said information shall be kept by COWEMO throughout the period of contractual relations.
Payment of the Service shall be billed on a monthly, quarterly, semester or annual basis, depending on the option chosen by the CLIENT and no refund shall be made unless expressly specified otherwise.
In the event of invalidity of the CLIENT's banking information for whatever reason whatsoever, the service may be deleted and all information contained in the account may be permanently deleted. COWEMO declines all liability for content lost due to invalid banking information from the CLIENT.

3.6. Duration of subscription to the Service

The Service is subscribed for a 12-month period. Once said period has elapsed, the client account and its sites shall be taken offline after expiration of the service, after which the data will be deleted unless extended under the terms specified below.
COWEMO shall undertake to send at least three reminders via e-mail before expiration of the service.

3.7. Renewal of Service

COWEMO shall notify the CLIENT of the expiration of the subscription to which it subscribes, and the amount to be paid for renewing the Service, when possible via email sent to the billing contact for the CLIENT (email address must be kept up to date, subject to the CLIENT's responsibility) no more than 10 days before the due date.

Any default in payment or improper payment, i.e., in particular an incorrect amount, or incomplete, or does not contain the required references, or by means or a procedure not accepted by COWEMO shall simply ignored and cause rejection of the COWEMO activation or renewal application for the Service.

If the renewal is paid by check, it is the CLIENT's responsibility to request renewal within sufficient time so that the check is actually received by COWEMO before the service ends.


4.1. Messaging

USERS are required to not use the messaging features for sending messages in large numbers (SPAM) or to persons who do not wish to receive them. As such, COWEMO reserves the right to develop on its servers software tools to prevent such practices in light of complaints from anyone (client or not client) relative to an email sent from the Pixmobi application or using the URLs of sites hosted in COWEMO.

4.2. Compliance with the general principles of intellectual property

In particular, they must not place signs, slogans, company names, or designs for which they are not owners of the property rights or the exploitation rights, on their sites.

Moreover, COWEMO reserves the right to further prosecute infringing Users, alone or in conjunction with the legitimate holder of the intellectual property rights that were infringed upon.

4.3. Non-violation of Copyrights© - Links (owned by COWEMO or other Users)

4.3.1. Reproduction on paper

4.3.2. Electronic reproduction

Creating links to

The COWEMO site allows the establishment of a hyperlink pointing to its contents, subject to:

Links pointing to other sites that are inserted on

4.4. Respect for individual, image rights and property rights

4.5. General compliance with the principles of morality, courtesy and loyalty



6.1. Primarily:

6.2. Alternatively:


COWEMO is the owner or a licensee of intellectual property rights of both the general structure of the site and its content (see our legal notice).

The USER acknowledges and accepts that access to the Website and the Services that are made available by COWEMO do not imply any assignment or licensing of intellectual property rights (and in particular copyrights) and any other rights to the benefit of the USER.

Access to services is limited exclusively to the use by the USER under the conditions and limitations set forth herein and in accordance with the provisions of Article L.122-5-2 of the Intellectual Property Code.

As such, the USER acknowledges and accepts that use granted to it COWEMO, on the basis of access to its services and their content, especially excludes access to services for the purpose of reproduction, resale, exchange, rental, modification, adaptation, correction of all or part of the Website, the Services, and their content, even free of charge.


8.1. Termination without fault

The present shall be immediately terminated unless the CLIENT requests renewal subject to payment by said latter for services regularly performed by COWEMO prior to the effective date of termination at each contractual term.

However, in accordance with the provisions of Article 3.5.1, in the event of a tariff increase announced by COWEMO, the CLIENT shall have one month to cancel its subscription to the Services in advance by sending a registered letter with request for acknowledgement of receipt. The cancellation shall be effective on the date of the announced tariff modification. 

8.2. Termination for fault

In the event of breach hereof, COWEMO reserves the right to terminate the Service at any time, unilaterally and without compensation, fifteen (15) days after formal notice received by the CLIENT obtains no response.


In case of complaints of any kind whatsoever, the CLIENT must send its request via the "Assistance" section of its account or by letter to the following address: "Service Réclamations COWEMO – Place Sophie Laffitte – Bâtiment Agora - C/O Fondation Sophia Antipolis - 06904 SOPHIA ANTIPOLIS - FRANCE".

The complaint shall be addressed within a period of between five working days to one month, by letter if specifically requested by the CLIENT.

If at the end of this period, the CLIENT has not received a satisfactory reply, it may send a second request in the form of notification by registered letter with acknowledgement of receipt. His request shall be processed within a month of receipt of
said notification.

In all correspondence sent to COWEMO, by e-mail or letter, the CLIENT shall undertake to mention his first and surname, e-mail address and login name, in order to make it possible to identify him and to process his requests. Incomplete requests will not be processed by COWEMO.


10.1. Principle and definition

10.2. Implementation

In the case of occurrence of such event of force majeure, the obligations of the present Contract shall be suspended. If the force majeure continues for a period exceeding one month, either Party may terminate the present Contract upon reception by the other Party of a registered letter.


11.1. Tolerance

The fact that COWEMO does not at any given moment exercise any one of the stipulations whatsoever of the present general terms and conditions, may not be interpreted as constituting waiver by COWEMO of subsequent exercise of any one of the said terms and conditions.

11.2. Severability

The invalidity of any provision of the contract for the provision of services subscribed with Pixmobi, in particular in application of a law, regulation or subsequent to a final decision of a competent court shall not incur the nullity of the other provisions of the contract for provision of services, which shall retain their full effect and scope.
In said event, the parties shall replace, to the extent possible, the void provision by a valid provision that corresponds to the spirit and intent of the contractual Terms.

11.3. Titles

The titles of articles in the General Terms and Conditions of Service are only intended to facilitate reference and do not have any contract value or significance by themselves.


12.1. Applicable law

The present General Terms and Conditions of Service are subject to French law. In the event where the CLIENT resides is abroad and/or is not French, then said latter accepts that the contractual relationship between itself and COWEMO is not governed by the United Nations Convention relative to contracts for the International Sale of Goods (United Nations Convention whose application is expressly excluded.)

12.2. Language

The official language hereof is French. The use of any language is only informative. In case of difficulty relative to the construction hereof, the Parties shall refer exclusively to the French text.

12.3. Court with jurisdiction

Any dispute concerning the validity, construction, performance, or non-performance of the General Terms and Conditions of Service governing the relationships between the Parties shall be submitted to the Court where COWEMO has its registered office.

The present clause applies without prejudice to COWEMO's rights to prosecute anyone who violates its rights in any court with jurisdiction in the absence of the above-mentioned clause, and in particular with the legally competent professional body to which the CLIENT belongs.