Terms and Conditions of Use

PREAMBLE  

By accessing and using this site, you agree to the following terms and conditions, without limitation or qualification 

The purpose of the General Terms and Conditions of Use (hereinafter the "GTC" or the "Contract") is to define the terms and conditions of use of the Website and its Application and of subscription to the Service provided by LEGAPASS. 

The Service offered by LEGAPASS via the Application is intended exclusively for Clients who are of legal age, have the capacity to contract and subscribe to a Subscription for their personal use. 

Unless otherwise indicated, the contents of this site, including but not limited to the text and images contained herein and their arrangement, are the property of LEGAPASS. All trademarks used or mentioned on this website are the property of their respective owners. 

The Provider reserves the right to change at any time the websites https://legapass.com and https://app.legapass.com as well as the present GTC, or to modify or complete them by new additional contractual conditions. The Customer will be informed by any means of any modification of the present GTC. 

The present General Terms and Conditions apply between LEGAPASS and any natural or legal person subscribing to an offer proposed by LEGAPASS. 

Article 1 - Legal notice  

• This site, accessible at the URL https://legapass.com/ and its dedicated application (the "Site"), are published by : LEGAPASS, a simplified joint stock company with a capital of 1000 euros, registered with the R.C.S. of Nice under the number B 904 291 689, whose head office is located at 4 rue Cluvier 06000 NICE, represented by CHEMIN Jean-Charles, President, duly authorized, (Hereinafter referred to as the "Operator"). 
• The individual VAT number of the Operator is: FR31904291689. 
• The Site is hosted by the company Clever Cloud SAS, located at 3 rue de l'Allier 44000 NANTES Contact: 02 85 52 07 69 - support@clever-cloud.com 
• The Director of the publication of the Site is CHEMIN Jean-Charles, President. 
• The Operator can be reached at the following email address contact@legapass.com 
• The Data Protection Officer (DPO) can be reached at dpo@legapass.com.   

I - Definition of terms 

The following terms and expressions shall, unless otherwise specified, have the meanings set forth below if they appear with or without their first letter capitalized, whether in the singular or plural form in the T&Cs or in any other LEGAPASS document such as the Privacy Policy, the Cookie Policy and vice versa. 

• Subscription(s) Agreement between a supplier (LEGAPASS) and its Customers for the regular delivery of products or the regular use of a service in exchange, possibly, for a fixed payment. 
• Application A program or set of programs designed to help the user of a computer to perform a specific task. 
• Beneficiary Any person who, by virtue of a formal designation, enjoys a benefit, advantage or inheritance as an heir after acceptance. 
• Beneficiary clause LEGAPASS's beneficiary: this is the clause in the contract between the User and LEGAPASS that allows for the designation of the person(s) who will receive all or part of the digital information stored at LEGAPASS after the User's death. 
• Client: A person who receives commercial supplies or services from LEGAPASS in return for payment. The Customer is the User and vice versa. 
• Customer Account The space where the personal data of the User of the LEGAPASS interactive website or its application is stored. 
• Instructions & Wishes These are advance directives by which the User provides additional information or clarification on the future of the digital information stored at LEGAPASS.   
• Provider Person or company that provides services to a Client. For the purposes of reading this document, the provider refers to LEGAPASS. 
• Secret Any password, access code, identifier, pseudonym, user name or key in any form that allows access to an individual's private digital space that is entrusted to LEGAPASS in a confidential manner for transmission and that must be kept hidden. 
• Service LEGAPASS is an online sales site for services that enable sensitive digital data entrusted by Users to be archived in complete security, using encryption techniques and offline storage, so that they can be passed on to their heirs in the event of their death or incapacity, and secondarily to the User himself in the event of a claim as defined in this title. 
• Website Web pages designed and put online by LEGAPASS and accessible via the Internet on a server identified by an e-mail address. 
• Subscription Subscription: The act of subscribing to, or committing to, a company, in this case, to an offer from LEGAPASS. 
• Contact Person close to the User who could be contacted by LEGAPASS to facilitate the transmission of the User's digital heritage. 
• User The person who uses a service like the one offered by LEGAPASS. The User is the Client and vice versa.  

Article 2 - General provisions relating to these general conditions 

The GCU are applicable exclusively to the online sale of services offered by the Operator on the Site and its dedicated application. 

The GCU are opposable to the Customer who recognizes, by checking a box provided for this purpose, to have had knowledge of them and to have accepted them before placing order. The creation of an account and the validation of the order by its confirmation is worth adhesion by the purchaser to the GCU in force at the day of the order whose conservation and the reproduction are ensured by the Operator. 

In accordance with article 85 of the French law n°78-17 of January 6, 1978 relating to data processing, files and liberties, by subscribing to a Subscription, the Customer expressly gives his consent to mandate LEGAPASS, who accepts it, to implement the particular directives recorded within the Application, as soon as LEGAPASS is aware of his death. 

These GCU are applicable to the Customer from the moment he/she subscribes to a free or paid subscription and for the entire duration of his/her subscription. 

II - THE SERVICE   

Article 3 - DESCRIPTION OF SERVICES  

LEGAPASS is an online sales site for services that allow for the secure archiving, through encryption techniques as well as offline storage, of sensitive digital data entrusted by Users in order to be transmitted to their heirs after their death or to the User himself, (hereinafter the "Service(s)"). 

Depending on the Subscription package subscribed to, the Customer may have access to the following functionalities as part of the LEGAPASS process: 

• The User will record his personal or business digital assets, accounts and accesses and associate instructions for their retention, deletion or transmission during his lifetime. 
• The recorded information is then encrypted from end to end and when either an incapacity, claim or death of the User occurs, LEGAPASS receives the request for restitution and begins processing it. 
• After approval of the return, the User's data is transmitted in encrypted form to the beneficiary or to the User himself under the control of a sworn bailiff.  
• The Beneficiary can thus come into possession of the User's digital information. 

The Services presented on the Site and its dedicated application are each described in these Terms and Conditions as well as in the General Terms and Conditions, mentioning their essential characteristics.  

The photographs illustrating the Services do not constitute a contractual document. The Services comply with the requirements of French law in force. 

The Customer remains responsible for the methods and consequences of his access to the Site, and acknowledges having verified that the computer configuration he uses is secure and in working order. 

Article 4 - CREATION OF THE CUSTOMER AREA 

1 - When placing an order, the Customer creates a personal Customer space. It is up to the Customer not to communicate his connection identifier. Each Customer commits himself to keep a strict confidentiality on the data, in particular his connection identifier, allowing him to access his Customer space. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his connection identifier. 

After the creation of his personal Customer space, the Customer will receive an email confirming the creation of his Customer space. 

2 - The Customer undertakes at the time of his registration to : 

• to provide real, accurate, and up-to-date information at the time of entry into the Service's registration form, and in particular not to use false names or addresses, or unauthorized names or addresses;
  - maintain registration data to ensure that it is real, accurate and up-to-date at all times.

3 - The Customer also undertakes not to make available or distribute illicit or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). In the contrary case, the Operator will be able to suspend or terminate the Customer's access to the Site at his exclusive fault. 

Article 5 - ORDERS 

1 - The Customer undertakes to read the General Terms and Conditions of Sale (GTCS) in force before accepting them and confirming the terms of his order. The confirmation of the order implies acceptance of the GSC and forms the contract. 

The archiving of communications and invoices is ensured by the Operator on a reliable and durable support so as to constitute a faithful and durable copy. These communications and invoices can be produced as proof of the contract. Except contrary proof, the data recorded by the Operator on Internet or by telephone constitute the proof of the whole of the transactions passed between the Operator and its Customers. 

2 - The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that : 

• The Customer would not respect the General Conditions in force at the time of his order; 
• Customer's order history shows that there are outstanding amounts from previous orders; 
• One of the Customer's previous orders is the subject of a dispute being processed; 
• The Customer has not responded to a request for confirmation of his order sent by the Operator. 

The information communicated by the Customer at the time of the placing of the order engages this one. Thus, the responsibility of the Operator could in no way be sought for this reason. 

The Customer declares that he has full legal capacity to commit himself under these General Conditions. 

Registration is open to adults with legal capacity. Under no circumstances is registration authorized on behalf of third parties unless the person is legally entitled to represent them. Registration is strictly personal to each Client. 

In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the Customer's account without notice. 

Article 6 - PAYMENT TERMS AND SECURITY 

• Payment 

The Operator uses the Stripe online payment solution. By subscribing to a paid subscription, the Customer acknowledges having read and accepted the privacy policy and terms and conditions of the payment provider Stripe available at : https://stripe.com/fr/ssa . 

Payment of the subscription price can be made by CB, Visa or MasterCard credit cards or by direct debit from the Customer's bank account. 

The payment is made directly on the secure bank servers of the Operator's bank, the Customer's bank details do not pass through the Site. The banking coordinates communicated during the payment are protected by a process of encoding SSL (Secure Socket Layer). In this way, these details are not accessible to third parties. 

The Customer's order is recorded and validated upon acceptance of payment by the bank. The impossibility of debiting the amounts due will result in the immediate nullity of the sale. 

Where applicable, the order validated by the Customer will only be considered effective when the secure bank payment center has given its approval on the transaction. 

Within the framework of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These documents will not be used for any other purpose. 

• Promotional offers and price reductions 

LEGAPASS is free to offer promotional offers or price reductions, and in particular reserves the right to offer the Customer a free trial period with no commitment in the event of subscription to a paid subscription, under the conditions indicated on the Site at the time of subscription. In such a case, the Customer will be asked to communicate his bank details but will only be debited at the end of the trial period if the Customer decides to keep his paid subscription.  

Article 7 - PAYMENT OF THE PRICE  

The price of the Services in force at the time of the order is indicated in euros including all taxes (TTC) on the Site. This price is based on the French Consumer Price Index, and any fluctuations in this index will be reflected proportionally in the price of the services.  

The price is payable in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant. 

The total amount due by the Customer and its details are indicated on the order confirmation page. 

III - RIGHTS AND OBLIGATIONS 

Article 8 - RIGHT OF WITHDRAWAL 

The Customer will benefit from a withdrawal period of fourteen (14) calendar days from the conclusion of the contract, in accordance with Article L. 221-19 of the Consumer Code. 

In accordance with Article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below [Link to the withdrawal form]. 

The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by e-mail. 

If necessary, the Customer may exercise his right of withdrawal by notifying the following information to the Operator: 

- name, geographic address, telephone number and e-mail address;
- decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail as long as these details are available and therefore appear on the standard withdrawal form). 

The exceptions of the article L.221-28 of the Code of the Consumption apply and make obstacle to the exercise of the right of retraction. These concern the following hypotheses:
- In the case of the supply of services fully performed before the end of the withdrawal period and whose performance has begun after prior express agreement of the consumer and express waiver of his right of withdrawal ;
- In the case of the supply of digital content not provided on a physical medium whose performance has begun after prior express consent of the consumer and express waiver of his right of withdrawal. 

The Operator will reimburse the Customer for the amounts due within fourteen (14) days from the receipt of all the elements allowing to implement the reimbursement of the Customer. This refund can be made by the same means of payment as the one used for the Customer. 

By accepting the present General Conditions, the Customer expressly acknowledges having been informed of the terms of withdrawal. 

Article 9 - CUSTOMER SERVICE 

The Customer can contact the Operator by email at support@legapass.com indicating his name, telephone number, the subject of his request and the number of the order concerned. 

Article 10 - INTELLECTUAL PROPERTY AND LICENSE OF USE 

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to the intellectual property. 

Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or not, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation. 

Moreover, it is specified that the Operator is not the owner of the content created by the Customers, for which the latter remain entirely responsible and guarantee the Operator against any recourse in this respect. 

The Operator reserves the right to take legal action against any person who does not comply with the prohibitions contained in this article. 

ARTICLE 11 - LIABILITY AND WARRANTY 

The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable fact of any third party to the present. 

The Operator cannot be held responsible for the information imported, stored by the Customers, and in particular for the direct or indirect damage which they could cause to a third party, the Customer remaining only responsible in this respect. 

The Customer acknowledges that the characteristics and constraints of the Internet do not allow the security, availability and integrity of data transmissions on the Internet to be guaranteed. Thus, the Operator does not guarantee that the Site and its services will function without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or presentation. 

The Operator cannot be held responsible for the use which would be made of the Site and its services by the Customers in violation of the present General Conditions and for the direct or indirect damage which this use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for his behavior towards third parties. 

The Customer is solely responsible for all the contents he adds to his account, of which he expressly declares to have all the rights, and guarantees in this respect the Operator that he does not use the Services in order to store contents violating third party rights, in particular intellectual property rights, or constituting an attack on people (such as defamation, insults, insults, etc..), to the respect of private life, an infringement of public order and morality (including, in particular, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of infringement of the laws in force, of good morals or of the present General Conditions, the Operator can exclude by right the Customers who will have been guilty of such infringements. 

In the event that the responsibility of the Operator is sought because of a violation of these conditions by the Customer, the latter undertakes to guarantee the Operator against any condemnation pronounced against him as well as to reimburse the Operator for all the expenses, in particular the lawyers' fees, incurred for his defense. 

III - DATA PROTECTION AND SECURITY 

ARTICLE 12 - PERSONAL DATA 

Each Customer is solely responsible for maintaining the confidentiality of his or her login and password, and is solely responsible for all accesses to his or her Customer Account, whether or not authorized. 

The Operator cannot be held responsible for any action or damaging fact carried out via the personal space of the Customer by a third party who would have had access to its identifiers and password following a fault or a negligence being ascribable to the Customer. The Customer undertakes to inform the Operator immediately when the Customer has knowledge or suspects an unauthorized use or an unauthorized access to his personal space. 

For more information about the use of personal data by the Operator, please read carefully our Privacy Policy and our Cookie Policy. You can consult it at any time on the Site via the following link: https://legapass.com/privacy-policy/  

IV - FINAL PROVISIONS  

ARTICLE 13 - FINAL PROVISIONS 

1 . COMPLETENESS OF THE PARTIES' AGREEMENT 

These General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their object. If one or several stipulations of the present General Conditions were declared null and void in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope. In addition, the fact that one of the parties to these General Conditions does not take advantage of a breach by the other party of any of the provisions of these General Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future. 

2 . CHANGES TO THE CONDITIONS 

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to cease temporarily or permanently to operate all or part of the Site. 

Force majeure: the parties shall not be held responsible, or considered to have failed in their contractual obligations, in the event of delay or non-performance in the execution of their contractual obligations due to a case of force majeure as defined by the regulations in force and interpreted by the jurisprudence of the French Courts and Tribunals 

If one of the parties is prevented from performing its obligations due to force majeure, it must inform the other party as soon as possible by any means. The prevented party shall nevertheless remain liable for the performance of the obligations which are not affected by the case of force majeure and for any payment obligation. If the case of force majeure lasts more than thirty (30) working days, the parties may terminate their contractual relationship by sending a registered letter with acknowledgement of receipt with immediate effect. 

3 . CLAIMS - MEDIATION 

In the event of a dispute, you must first contact the company's customer service department at the following address support@legapass.com 

In the event of failure to submit a claim to the Customer Service Department or in the absence of a response from this department within ten (10) days, the Customer may submit the dispute relating to the order form or these GCU opposing him to the Operator, to the following mediator: https://www.economie.gouv.fr/mediation-conso  

The mediator will attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. 

In addition, for all purposes, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission provides you with an Online Dispute Resolution Application, accessible at the following url address https://ec.europa.eu/consumers/odr/main/index.cfmevent=main.home.show&lng=FR.  

4 . APPLICABLE LAW 

These TOU are governed by, construed and enforced in accordance with applicable French law.