Last update: October 2023
PREAMBLE
The General Sales Conditions (hereinafter the "GSC" or the "Contract") represent the contract and the sole basis for commercial negotiation between the User/Customer and LEGAPASS. They are supplemented by the General Conditions of Use (GCU) and inform you of the payment and pricing conditions.
For any clarification of the definition of specific terms in this document, please refer to our T&Cs which we invite you to consult at : https://legapass.com/cgu/
Legal information
- This site and its application, accessible at URL https://legapass.com/is published by :
- LEGAPASS, a simplified joint stock company with share capital of 1,000 euros, registered with the Nice Trade and Companies Register under number B 904 291 689, with registered office at 40 avenue Sainte Marguerite Ile de France B 06200 NICE, represented by CHEMIN Jean-Charles, duly authorized Chairman.
- The individual VAT number of the Operator is FR31904291689.
- The SIRET: 90429168900027
- The Site is hosted by the company Clever Cloud SAS, located 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 Tel: +33 1 84 60 20 50
- The Data Protection Officer (DPO) can be reached at the following address dpo@legapass.com.
ARTICLE 1 - Scope of application
In accordance with Article L441-1 of the Commercial Code, the general terms and conditions of sale are mandatory and must be transmitted to Customers under the Hamon law dating from March 17, 2014 and Article L111-1 of the Consumer Code.
In accordance with article 85 of the French law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, by subscribing to a Subscription, the Customer expressly gives his consent to mandate LEGAPASS, which agrees to implement the particular directives recorded within the Site and the Application, as soon as LEGAPASS is informed of a triggering event listed in the contractual provisions.
The Customer acknowledges that he/she has made use of the specific instructions in article 85 above and gives LEGAPASS a mandate to exercise his/her rights under the French Data Protection Act in relation to the functionalities of his/her subscription.
The Customer acknowledges that the expression of such consent is an essential condition for the continuation of the Contract between LEGAPASS and the Customer, the withdrawal of which implies the automatic action by LEGAPASS to terminate the Contract.
The present GTC apply, without restriction or reserve, to any purchase of services or products on the LEGAPASS website and application; the main service being :
- Secure archiving, using proven encryption techniques and offline storage of sensitive digital data entrusted by Users in order to be able to pass it on primarily to their heirs in the event of death or incapacity and secondarily to the User himself.
The T&Cs as proposed by the Service Provider to non-professional Customers ("Customers") on the website https://app.legapass.com and its dedicated application. They constitute a contract between the Provider and the Customer.
The main terms and conditions of the services are presented below in these T&Cs, on the website https://legapass.com and in the general conditions of use available online: https://legapass.com/cgu/
The Customer is required to read them before placing an order. The choice and purchase of a Service are the sole responsibility of the Customer.
These GTC are accessible at any time in the footer of the site https://legapass.com and shall prevail over any other document.
The Customer declares to have read the present GTC and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure on the site https://app.legapass.com.
Unless proven otherwise, the data recorded in the Provider's computer system constitutes proof of all transactions concluded with the Customer.
The Provider reserves the right to change the websites at any time https://legapass.com and https://app.legapass.com as well as the present General Terms and Conditions of Sale, or to modify or complete them by new complementary contractual conditions. The Customer will be informed by any means in case of modification of the present GTC.
The contact details of the Provider are as follows:
Legapass, SAS
Share capital of 1000 euros
Registered at the RCS of Nice, under the number 904291689
40 avenue Sainte Marguerite Ile de France B 06200 Nice - FRANCE
Mail : contact@legapass.com
Phone : +33 1 84 60 20 50
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 2 - Prices
- Payment for services
The Services are provided at the rates in force on the site https://legapass.comwhen the order is registered by the Provider.
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 rate is based on the French Consumer Price Index, and any fluctuations in this index will be reflected proportionally in the rate of the services.
These prices are firm and non-revisable during their period of validity but the Provider reserves the right, outside of the period of validity, to modify the prices at any time.
The rates take into account any discounts that may be granted by the Provider on the site https://legapass.com.
The "free" offer price does not include processing and transmission fees, which will be charged to the heirs or the User, should they wish to obtain the contents of the LEGAPASS safe.
Premium rates include processing and transmission costs, which will not be billed additionally to heirs (Beneficiaries) or the User, should they wish to obtain the contents of the LEGAPASS safe.
An invoice is issued by the Provider and given to the Customer upon provision of the ordered Services.
- Payment per retransmission
The retransmission is subject to fees, the rate of which is specified in the subscription offer on the Site or its dedicated Application. Fluctuations in the retransmission rate are indexed to the consumer price index, so the rate on the day of retransmission may vary.
ARTICLE 3 - Registration to the service and subscription
1 - Registration to the service
To access the Service, the Customer must first create an Account by filling in the requested information and possibly subscribe to a Subscription.
Some features of the Service are only available with a paid access plan.
Accounts are strictly personal, a Customer cannot create an Account for a third party.
Customer agrees to provide complete and accurate information and to keep it up to date.
The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the site https://legapass.com constitutes the formation of a contract concluded at a distance between the Customer and the Provider.
The Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The placing of an order on the site https://legapass.com implies the conclusion of a contract of a minimum duration of 12 months renewable for the same duration by tacit agreement.
Under the terms of Article L 215 -1 of the Consumer Code, reproduced below:
"For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional providing the services shall inform the consumer in writing, by letter or dedicated e-mail, no earlier than three months and no later than one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, shall mention, in an apparent box, the deadline for non-renewal.
Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of transformation of the initial fixed-term contract, shall in this case be reimbursed within thirty days from the date of termination, less the sums corresponding, until that date, to the performance of the contract. The provisions of this article shall apply without prejudice to those which legally subject certain contracts to special rules as regards consumer information."
Article L215-2 of the Consumer Code excludes the application of art L215-1 to the operators of drinking water and sanitation services, on the other hand, article L215-3 of the Consumer Code, states that these rules are applicable to contracts concluded between professionals and non-professionals.
The article L241-3 of the Code of consumption sanctions the professional who would not have proceeded to the refunds under the conditions envisaged in the article L 215-1 of the Code of consumption.
The General Terms and Conditions of Sale are applicable for the duration of the Customer's subscription to the Service, unless terminated by one of the Parties to the Contract.
2 - Subscriptions
- Our subscription offers
The Customer has the choice between a free offer and paying offers, the terms of which are specified as follows and on the page https://legapass.com/nos-offres/ :
Free freemium subscription The customer can take out a free subscription offering basic site and application functionalities for an indefinite period.
The functionalities accessible with this offer are :
- Unlimited records
- Offline storage
- Death Alert
- Verification of heirs
- Unlock by bailiff
NB: transmission fees are not included with this subscription and will be charged at the time of transmission.
Premium subscription The customer may take out a paying subscription of his choice, giving him access to all the site and application functions in accordance with the content of the offer taken out for a predefined period. They may also switch from one paid subscription to another.
The functionalities accessible with this offer are :
- No transmission fees
- Unlimited records
- Offline storage
- Death Alert
- Verifying the identity of heirs
- Unlocking the safe under the supervision of a bailiff
- Instructions & Wishes
- Identity verification (coming soon)
- Customizable beneficiary clause
- Deletion of 5 accounts (feature to come)
- Express return (7 days).
At the end of the duration of the offer subscribed by the Customer, in the absence of a request for non-renewal at least 15 days before the date of renewal of the subscription, the paid subscription will be automatically renewed for the same duration, renewable indefinitely.
LEGAPASS will inform the Customer by email of its tacit renewal and of the possibility of not renewing its subscription at the latest 1 month before the renewal date of the subscription.
Pro" subscription : Tailored for business managers and professionals, this package contains all the features of the premium subscription plus additional functions:
The "Multi safe" option consists in the distribution of the safes to distinguish the secrets and their respective beneficiaries;
- Express return from maximum 72 H ;
- Possibility to add more beneficiaries;
- Restitution in case of reinforced incapacity for the continuity of the company.
- End of subscription
At any time, Customer may terminate their subscription or request deletion of their Customer account directly from their account settings or by contacting LEGAPASS at : contact@legapass.com.
When the Subscription that the Customer has terminated is paying, it is then converted into a free Subscription at the end of the subscription period, unless the Customer requests the deletion of its Customer Account.
The Customer is informed that the conversion of his paid Subscription into a free Subscription will imply the loss of certain functionalities of the Service included in his paid formula.
In case of deletion of the Customer Account, the Customer will no longer have access to the Application and the Website. Information of any kind contained in or linked to his account will therefore be irretrievably deleted from LEGAPASS' databases.
- Change of offer during the subscription period
The Customer may modify his Subscription at any time to subscribe to a higher Subscription.
In the absence of renewal of the offer by the Customer, the premium functionalities may be suspended until the effective payment of the amounts due.
The Customer shall owe LEGAPASS the subscription price of the new Subscription after deduction of the price of the initial paid Subscription reduced in proportion to the months actually consumed by the Customer.
The Customer may switch from the free subscription to the premium or pro subscription at any time during the execution of this contract without charge.
The subscription period of the new Subscription will be renewable by tacit agreement under the conditions defined in the GCU.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following modality:
- Payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
The payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider (https://stripe.com/) involved in the banking transactions carried out on the site https://app.legapass.com.
Payments made by the Customer shall be considered final only after the Service Provider has collected the amounts due.
The Service Provider shall not be obligated to provide the Services ordered by the Customer if the Customer does not pay the Service Provider the full price in accordance with the above conditions.
Payment implies unconditional acceptance of the terms and conditions of the payment provider Stripe.
ARTICLE 5 - Provision of Services
The Services ordered by the Customer will be provided as follows:
- Referencing a User's digital accounts
- Expression of specific guidelines on the fate of its digital data
- Transmission of information and data kept by LEGAPASS for posthumous transmission to one or more preregistered Beneficiaries, to legatees or to the User in case of incapacity or accident.
The said Services will be provided immediately after the final validation of the Customer's order, under the conditions provided for in these GTC, at the address indicated by the Customer when ordering on the website https://app.legapass.com.
The Service Provider undertakes to use its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the deadlines specified above.
In the event of a special request from the Customer concerning the conditions of provision of the Services, duly accepted in writing by the Service Provider, the related costs will be subject to a specific additional invoice.
In the absence of reservations or claims expressly made by the Customer upon receipt of the Services, the latter shall be deemed to be in conformity with the order, in quantity and quality.
The Service Provider shall promptly refund or rectify at its own expense any Services that are proven to be non-compliant by the Customer.
ARTICLE 6 - Right of withdrawal
In accordance with Article L221-23 of the French Consumer Code, the Customer has a period of fourteen (14) days from the initial subscription to the Service to exercise his right of withdrawal by informing the Service Provider of his decision by sending an unambiguous statement expressing his desire to withdraw to the following address support@legapass.com.
ARTICLE 7 - Liability of the Provider - Guarantees
The Service Provider warrants, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect, resulting from a design or manufacturing defect of the ordered Services under the following conditions and terms:
- Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility."
Article L217-5 of the Consumer Code
"The property conforms to the contract:
(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L217-12 of the Consumer Code
"Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the warranty period still to run. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.
In order to assert its rights, the Customer shall inform the Service Provider, in writing (e-mail or letter), of the existence of defects or lack of conformity.
The Provider shall refund or rectify or have rectified (to the extent possible) the services found to be defective as soon as possible and no later than 14 days following the Provider's finding of the defect or fault. This refund may be made by bank transfer or check.
The Provider's warranty is limited to the reimbursement of the Services actually paid by the Customer.
The Service Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a force majeure event as usually recognized by French case law.
The Services provided through the site https://app.legapass.com of the Provider are in accordance with the regulations in force in France. The Service Provider shall not be liable for any failure to comply with the laws of the country in which the Services are provided, which it is the Customer's responsibility to verify.
ARTICLE 8 - Personal data and security
LEGAPASS does not have access at any time to the secret information stored by Users (Secrets). It is encrypted from the User's terminal to the LEGAPASS safe, with the encryption key held only by the bailiff responsible for returning it to the beneficiaries, legatees or the User.
The Customer is informed that the collection of his personal data is necessary for the sale of the Services and their realization and delivery, as well as for their transmission to third parties involved in the realization of the Services. These personal data are collected only for the execution of the contract of services and are not transmitted outside the European Union under any circumstances.
You can find at the address https://legapass.com/privacy-policy/ our privacy policy which will provide you with the most complete information on the processing of our Clients' personal data as well as measures to comply with the General Data Protection Regulation.
However, by virtue of the service that LEGAPASS offers, a few specificities deserve to be specified:
- 8.1 Collection of personal data
The personal data that are collected on the site https://legapass.com are as follows:
Opening an account
When creating the Customer / User account:
- Name, first name, e-mail address, date of birth, nationality.
The User will have to fill in the following information about his beneficiaries:
- Last name, first name, telephone number, e-mail address, relationship.
- 8.2 Recipients of personal data
Personal data is used by the Provider and its co-contractors for the execution of the contract and to ensure the efficiency of the service provision, its realization and delivery in strict compliance with the principles of the GDPR.
The category(ies) of co-contractor(s) is (are):
- The payment institution providers.
- The bailiff in the restitution process.
The data controller is the Provider, as defined by the French Data Protection Act and Regulation 2016/679 on the protection of personal data (RGPD).
The Data Protection Officer can be reached at the following address
- 8.3 processing limitations
In accordance with current legislation, customers have the right to withdraw their consent so that their personal data is no longer used for commercial canvassing, advertising or marketing purposes, or for other legally punishable purposes.
- 8.4 Data retention period
The Service Provider will keep the data collected for the duration of its contractual relationship with the Customer or the User and, if applicable, for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
- 8.5 Security and Privacy
The Service Provider implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider makes every effort to ensure the security of the transmission or storage of information on the Internet.
- 8.6 Enforcement of customer and user rights
In application of the regulations applicable to personal data (Data Protection Act and RGPD), the Customers and Users of the site https://app.legapass.com have the following rights:
- They can update or delete their data in the following way: by sending their request to support@legapass.com.
- They can delete their account by writing to the email address indicated in article 9.3 "Data controller".
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
- If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 "Controller".
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
- They may also request the portability of data held by the Provider to another provider.
- Finally, they may object to the processing of their data by the Provider.
These rights, as long as they are not opposed to the purpose of the processing, can be exercised by sending a request by mail or by e-mail to the person in charge of processing whose coordinates are indicated above.
The data controller must provide a response within a maximum of one month.
In case of refusal to grant the Customer's request, reasons must be given.
The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a conciliator or a judicial authority.
The Customer may be asked to check a box under which he agrees to receive informative and advertising emails from the Provider. The Customer will always have the possibility to withdraw his consent at any time by contacting the Provider (contact details above) or by following the unsubscribe link in the relevant emails.
ARTICLE 9 - Intellectual Property
The content of the sites https://legapass.com and https://app.legapass.com is the property of Legapass and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 10 - Applicable Law - Language
The present GTC and the operations which result from it are governed and subjected to the French law.
The present GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 11 - Disputes
For any complaint, please contact the Customer Service at the postal or e-mail address of the Provider indicated in Article 1 of these GTC.
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.
As a consumer, the Customer has the possibility to use the Online Dispute Resolution (ODR) platform of the European Commission by using the following link: http://ec.europa.eu/consumers/odr
The law applicable to these General Conditions, both for their interpretation and their execution, is French law.
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