Terms of use
Version of 2026-09-21b
E-supplier (publisher of the service)
- Publisher
- Berrehal Ouala Eddine (Maintelix)
- Status
- Auto-entrepreneur (loi n° 22-23 du 18 décembre 2022)
- Address
- N1 Bt 08, Cité Logements LSP, UV Nouvelle Ville Ali Mendjeli, El Khroub, 25000 Constantine, Algérie
- Registration no. (national auto-entrepreneur register)
- Registre national de l'auto-entrepreneur n° 109501110051024924
- NIF (tax identification number)
- NIF 19525010051012902580
- Publication manager
- Berrehal Ouala Eddine
- [email protected]
- Data protection contact
- [email protected]
- Phone
- 030330329
1. Purpose and scope
These terms of use (the "Terms") govern access to and use of the Maintelix service and the subscription to it. They form the contract for a service supplied remotely, by electronic means, within the meaning of Law No. 18-05 of 10 May 2018 on electronic commerce, between the publisher identified above (the "Supplier") and the organisation that creates a workspace (the "Customer").
The Service is intended solely for professionals — companies, public bodies, institutions and other organisations — for the purposes of their business. By creating a workspace, the person signing up declares that they act in the name and on behalf of such an organisation.
2. Definitions
"Service": the Maintelix computerised maintenance management system (CMMS), supplied online, and its mobile app. "Workspace": the instance of the Service reserved for the Customer, reachable at its own address. "User": anyone the Customer authorises to access its Workspace. "Customer Data": all information the Customer and its Users record in the Service. "Offer": the plan, modules, price and term of the subscription communicated to the Customer before it subscribes (published price list, or accepted quote or order form).
3. Pre-contract information
In accordance with Law No. 18-05 of 10 May 2018 on electronic commerce, the Supplier makes available to the Customer, before the contract is concluded and in a clear and accessible way: its identity — name, status, registration number in the national auto-entrepreneur register and tax identification number (NIF) —, its address and contact details (at the top of these Terms and in the legal notice); the description of the Service (article 4); the steps to conclude the contract (article 5); prices, currency, invoicing and payment terms (article 7); term, renewal and termination (articles 8 and 18); the processing of personal data (article 9 and the Privacy policy); and the governing law and competent court (article 22).
4. Description of the service
The Service is a CMMS supplied remotely as SaaS (software as a service): management of equipment, work orders, preventive maintenance, stock and related activities, according to the modules included in the Offer. Each Customer has a dedicated Workspace, reachable in a browser at its own address (subdomain), and through an Android mobile app that works offline and synchronises data on reconnection.
The Service evolves: features may be added, changed or removed, without substantially reducing the essential features of the subscribed Offer during the current subscription period. The Service is a management aid: decisions on the maintenance, safety and regulatory compliance of installations remain the Customer's responsibility.
5. Concluding the contract online
The contract is concluded online in the following steps: (1) the Customer fills in the signup form (name, business email address, organisation name, Workspace address, password) and can correct this information until it submits the form; (2) it reads these Terms and the Privacy policy, available from the form, and ticks the two corresponding acceptance boxes, which are never pre-ticked; (3) it submits the form, after an anti-bot check where applicable; (4) it confirms its email address by opening the link the Supplier sends it, which creates the Workspace.
Submitting the form with the boxes ticked constitutes full acceptance of the Terms in the version displayed; the contract is formed, in accordance with the rules of Ordinance No. 75-58 of 26 September 1975 on the Civil Code on the exchange of consents, when the Workspace is created, as the confirmation message attests. A paid subscription taken out after the trial covers the Offer the Customer accepts, in writing or electronically; these Terms apply to it.
In accordance with Law No. 15-04 of 1 February 2015 laying down the general rules on electronic signature and certification, the parties recognise the validity of acceptance given electronically and the evidential value of the electronic records the Supplier keeps under conditions that ensure their integrity. For each acceptance, the Supplier keeps the date and time, the version of the Terms accepted and the IP address of the person accepting, and archives every version of the Terms. The Customer can obtain a copy of the version it accepted on request.
6. Account and access
The person who creates the Workspace declares that they are authorised to bind the Customer. The Customer is responsible for the accounts it creates, the rights it grants them and how they are used. Each invited User in turn accepts these Terms and the Privacy policy when activating their account. Credentials are personal and confidential; any unauthorised use must be reported to the Supplier without delay.
7. Free trial, prices, invoicing and payment
A newly created Workspace comes with a free trial of 30 days, with no commitment and no payment method. After the trial, continued use of the Service requires a paid subscription; otherwise the Supplier may suspend access and then close the Workspace under article 18.
Prices are expressed in Algerian dinars (DZD) and communicated clearly to the Customer before any subscription — published price list or quote —, in accordance with Law No. 04-02 of 23 June 2004 laying down the rules applicable to commercial practices. The Supplier trades as an auto-entrepreneur (Law No. 22-23 of 18 December 2022) and falls under the tax regime specific to that status (single flat-rate tax, IFU): prices are net amounts, with no VAT charged while that regime applies. Any change of regime affecting prices is notified to the Customer before the next subscription period.
Each subscription is invoiced in accordance with the rules applicable to auto-entrepreneur invoices, showing in particular the Supplier's identifiers (registration number in the national auto-entrepreneur register and NIF). Unless the Offer says otherwise, the price is payable in advance for each subscription period, by the means of payment stated on the invoice. If a late payment is not settled within fifteen (15) days of a reminder, the Supplier may suspend access to the Service under article 17.
8. Term and renewal
The free trial ends when its period expires. A paid subscription is concluded for the term stated in the Offer (for example monthly or annual), from its start date.
Unless the Offer says otherwise, the subscription renews for the same term at each expiry date, unless either party gives the other written notice (email included) that it will not renew at least fifteen (15) days before the expiry date. The price for the next period is communicated to the Customer before the expiry date.
9. Customer Data and personal data
The Customer remains the sole owner of the Customer Data. The Supplier uses it only to provide the Service; it neither transfers nor sells it, and uses it for no other purpose.
Within the meaning of Law No. 18-07 of 10 June 2018 on the protection of natural persons in the processing of personal data, the Customer is the controller of the personal data it records in its Workspace, in particular that of its staff and contractors; the Supplier acts as a processor, only on the Customer's instructions, and undertakes to keep that data secure and confidential, including as regards its own staff and providers. The Customer warrants that its processing is lawful: information of the data subjects, legal basis or consent, and the prior formalities incumbent on it with the National Authority for the Protection of Personal Data (ANPDP). The Supplier is the controller of the data relating to accounts, subscriptions, invoicing and the site.
The Service is hosted outside Algeria; the Privacy policy names the host, the server location and the technical providers. Using it therefore involves a transfer of personal data abroad, which Law No. 18-07 makes subject to conditions and to ANPDP authorisation; each party completes the formalities incumbent on it for its own processing. Details of the processing, retention periods and data subjects' rights, and how to exercise them, are in the Privacy policy.
10. Confidentiality and security
Each party keeps confidential the other's information it learns in the course of the contract. The Supplier applies reasonable technical and organisational measures to protect the Service and the Customer Data: isolation of each Workspace in its own database, encrypted traffic, passwords stored as hashes, access control, logging and backups.
11. Availability and maintenance
The Supplier endeavours to keep the Service available at all times, without guaranteeing a level of availability or uninterrupted service. The Service may be interrupted for maintenance, updates or incidents; scheduled interruptions are, as far as possible, announced in advance and placed outside business hours. No service level agreement (SLA) is given under these Terms; one can only result from an Offer that expressly provides for it.
12. Acceptable use
The Customer shall not, and shall ensure its Users do not: use the Service in breach of the law or of third-party rights; introduce unlawful content or malicious code; attempt to access data or Workspaces that are not its own; disrupt the operation or security of the Service, in particular through unauthorised load or penetration testing; resell the Service or make it available to third parties beyond what its Offer provides.
13. Cooperation with the authorities
The Supplier complies with the obligations that Law No. 09-04 of 5 August 2009 laying down special rules for the prevention of and fight against offences related to information and communication technologies places, where applicable, on service providers: it may be required to assist the competent authorities, to retain certain traffic data for the statutory period and to disclose it on a lawful requisition. Outside those cases, the Supplier discloses Customer Data to an authority only under a legal obligation or a court decision, and informs the Customer where the law allows.
14. Intellectual property
The Service, its software, apps, documentation, the Maintelix trademark and their components are and remain the exclusive property of the Supplier, protected in particular by Ordinance No. 03-05 of 19 July 2003 on copyright and related rights. For the duration of the trial and then of the subscription, the Customer has a non-exclusive, non-transferable right to use the Service for its internal business needs. Any unauthorised reproduction, adaptation, decompilation or exploitation is prohibited, except within the limits allowed by law.
The Customer retains all its rights in the Customer Data. It authorises the Supplier, for the term of the contract only, to host, reproduce and process that data to the extent strictly necessary to provide the Service.
15. Liability
The Supplier is bound by an obligation of means (best efforts). It is not liable for indirect damage (loss of revenue or customers, production stoppage, etc.), for data loss attributable to the Customer, or for the consequences of decisions the Customer takes on the basis of the Service. The Customer is responsible for the content it records and for how its Users use the Service.
For ordinary fault, the Supplier's total liability, for all causes combined, is limited to the amounts actually paid by the Customer in the twelve (12) months preceding the event giving rise to liability; during the free trial, which is supplied without consideration, the Supplier is not liable for ordinary fault. In accordance with the Civil Code, these limitations do not apply in the event of fraud (dol) or gross fault by the Supplier, nor in any other case where the law prohibits limiting or excluding liability.
16. Force majeure
Neither party is liable for failing to perform its obligations where the failure results from an external cause not attributable to it, such as force majeure or a fortuitous event within the meaning of the Civil Code (for example natural disaster, epidemic, war, decision of the public authorities, general failure of telecommunications or power networks). The party prevented informs the other without delay. If the impediment lasts more than thirty (30) days, either party may terminate the contract in writing, without compensation; the Customer is then refunded the part of the price corresponding to the period not performed.
17. Suspension
The Supplier may suspend all or part of the access to the Service in the event of non-payment (article 7), serious breach of these Terms — in particular of the acceptable use rules —, a proven risk to the security of the Service or of other customers, or on the order of a competent authority. Except in an emergency, suspension is preceded by a reasoned notice to the Customer. It deletes no data and ends as soon as its cause has gone.
18. Termination, return and deletion of data
The Customer may end the contract at any time; termination takes effect at the end of the current subscription period, whose price remains due, except for termination for the Supplier's breach, in which case the part corresponding to the period not performed is refunded. Either party may terminate the contract, in writing, for a serious breach by the other party not remedied within fifteen (15) days of a formal notice. Without a paid subscription, the Workspace may be closed at the end of the free trial.
Before closure, the Customer can export its Data in standard formats from the Service, or ask the Supplier to export it. After closure, the Customer Data is archived, then permanently deleted — records and files — after 30 days, during which the Customer can still ask for it to be returned; a record of the deletion is kept. Data the Supplier is legally required to keep, invoices in particular, is kept for the statutory period.
19. Changes to the Terms
The Supplier may change these Terms. The version in force and its date are shown on this page, and earlier versions are archived. Any substantial change is notified to the Customer, by email or in the Service, at least thirty (30) days before it takes effect; a Customer that refuses it may terminate the contract before that date, at no cost, and be refunded the part of the price corresponding to the period not performed. Otherwise, continued use of the Service after that date constitutes acceptance of the new version. A change required by law applies from its entry into force.
20. General provisions
These Terms, the subscribed Offer and the Privacy policy form the entire agreement between the parties on their subject matter; in case of conflict, the Offer prevails over the Terms for what it expressly provides (price, term, modules, service level). No provision may be interpreted as creating a significant imbalance between the parties' rights and obligations.
A clause held void or unenforceable is deemed unwritten, and the others remain in full effect. A party's failure to rely on a breach does not waive its right to rely on it later. Notices are validly given by email, to the addresses each party has provided — for the Supplier, those at the top of these Terms.
21. Language
These Terms are drawn up in French and translated into Arabic and English. In the event of any discrepancy or difficulty of interpretation, the French version prevails.
22. Governing law and disputes
These Terms are governed by Algerian law.
In the event of a dispute about their formation, interpretation or performance, the parties first seek an amicable settlement: the first party to act notifies the dispute to the other in writing. Failing agreement within thirty (30) days of that notice, the dispute is brought before the courts of Constantine, namely the competent commercial court of that jurisdiction.