General Terms and Conditions of Use

ZenyPass Service

ARTICLE 1 - PRESENTATION OF THE ZENYPASS SERVICE

ZENYWAY SAS has developed and operates a service that is available and that runs from the web, under the name "ZenyPass" (the "ZenyPass Service") to store, modify, delete and synchronize on ZenyPass servers, data and information provided by each user (the "User").

The ZenyPass Service is accessible and usable from any device running a compliant operating system and internet browser (see the list of compatible devices),

and is only allowed via applications provided by ZENYWAY, and published under an open source license (https://opensource.org/licenses), including the ZenyPass Web application (the "ZenyPass Applications").

The data and information provided by the User and stored via the ZenyPass Service (including passwords, phone pin codes, etc.) (the "Records") are beforehand encrypted by one of the ZenyPass Applications so that their decrypted content is accessible only to the User.

The ZenyPass Service is free for up to five (5) Records. Beyond five (5) Records, the storage of each Record is charged to the User (see details below).

ARTICLE 2 - PURPOSE

These general terms and conditions of use (the "General Terms and Conditions of Use ") are intended to govern the terms and conditions of use of the ZenyPass Service by any User, as well as to define the rights and obligations of any User.

The ZenyPass Service is provided by ZENYWAY, a French company with a capital of 10,000 euros, having its registered office located 65 rue de Paris, 92190 MEUDON, France, registered in Nanterre, France under the number 814 890 463 ("ZENYWAY").

ARTICLE 3 - ACCEPTANCE OF THE GENERAL CONDITIONS OF USE

The creation of a User Account (as defined below) as well as the use of the ZenyPass Service requires full acceptance of these General Terms and Conditions of Use, which constitute the contract between ZENYWAY and the User.

By using the ZenyPass Service, the User declares having read these General Terms and Conditions of Use, including rules relating to the protection of personal data and to the security of Records set out in section 5 hereof, having understood their scope, and accepting them by checking the box "I have read and I accept the conditions of use of ZenyPass". By checking the box, the User declares to accept all the provisions of these General Terms and Conditions of Use, which are opposable to him from that moment.

ZENYWAY reserves the right to modify, at any time and without notice, all or part of these General Terms and Conditions of Use, in particular in order to adapt them to changes in legislation and / or changes in the ZenyPass Service. The modification will take effect immediately upon the uploading of the updated General Terms and Conditions of Use. The User will be invited to read and accept them according to the process described above.

In any case, any use of the ZenyPass service by the User implies unreserved acceptance of the General Terms and Conditions of Use in force, including after a modification of the General Terms and Conditions of Use.

If one or more provisions of these General Terms and Conditions of Use are declared invalid, unwritten or ineffective, the other provisions shall not be invalid in any way and shall continue to produce their full effects.

In the event of failure to comply with any of the obligations provided for in these General Terms and Conditions of Use, ZENYWAY reserves the right to delete the user account of the User concerned.

The User declares to be of legal age, to have the legal capacity to use the ZenyPass Service in accordance with these General Terms and Conditions of Use and applicable regulations.

ARTICLE 4 - ACCESS AND USE OF THE ZENYPASS SERVICE

4.1 Creation of a User Account

Any use of the ZenyPass Service necessarily requires the User to create a user account (The "User Account") through one of the ZenyPass Applications.

To do this, the User must provide a valid email address, and choose a unique password (The "ZenyPass Password"). The ZenyPass Password is one of the keys used to encrypt the different User Records.

The User Account is strictly personal. Any access to the User Account using the ZenyPass e-mail address and password will be deemed to have been made by the User.

The User agrees to keep the ZenyPass Password secret and not to disclose it for any reason. In the event of loss or forgetfulness of the ZenyPass Password or any fraudulent use that it suspects or of which it is aware, the User must immediately inform ZENYWAY by sending an e-mail to the following address: contact@zenyway.com. It is specified that ZENYWAY has no access to the ZenyPass Password chosen by the User and the latter is not transmitted over the Internet, in order to avoid any interception by a third party or piracy from an external server, and thus to guarantee the confidentiality of the User's data. Therefore, if ZenyPass Password is lost or forgotten, it can not be reset by ZENYWAY. The User will therefore have to reset his User Account, making the request by sending an email to the address contact@zenyway.com and create a new ZenyPass Password, which will result in the loss of the access to all the Records, but will retain the amount of available Records for that User Account. The User will thus have to re-register the data and information he wishes to store via the ZenyPass Service (as described below).

The User is solely responsible for the use, preservation and confidentiality of his ZenyPass e-mail address and password, and releases ZENYWAY from any liability resulting from the provision of a wrong e-mail address or the disclosure of the ZenyPass password to anyone.

4.2 How the ZenyPass Service Works

The ZenyPass Service provides the User with a simple and centralized reading of all his Records.

The ZenyPass Service allows an easy connection to some websites accessible via passwords. To do this, the User must first connect to his User Account and add websites to which he wishes to be connected via the ZenyPass Service (the "Registered Web Sites").

The addition of Registered Web Sites can be done by the User from his User Account, by filling a form (including the URL address of the website's login page that he wishes to register and the corresponding password).

The User may then access the Registered Web Sites from his User Account, by clicking the connection icon of the Registered Website to which he wishes to connect.

For security and privacy reasons, ZenyPass Applications may ask the User to identify himself / herself when adding Records, or to connect him / her to a Registered Web Site requiring login credentials.

ZENYWAY is in no way responsible for the information obtained by The User from the Registered Web Sites.

Similarly, ZENYWAY is not responsible for any malfunction, failure, inability to access the ZenyPass Service and / or Registered Websites attributable to the User's Internet provider, the Registered Web Sites, or any other event beyond the control of ZENYWAY.

ARTICLE 5 - PROTECTION AND CONFIDENTIALITY OF PERSONAL DATA

5.1 Protection of personal data

ZENYWAY attaches particular importance to confidentiality issues and therefore takes great care to ensure the protection and confidentiality of any personal data communicated by Users.

As such, the collection and processing of the personal data communicated, through a checkbox, by the Users via the ZenyPass Service during the creation of their User Account, to subscribe to the ZenyPass newsletter (namely an email address) were the subject of a declaration of compliance with a simplified standard with the French National Commission for Data Processing and Liberties (CNIL) under number 1910777.

In accordance with the law "Informatique et Libertés" of January 6th, 1978, as amended, the User has the right to access and rectify his personal information, which he can exercise at any time by sending his request by email, accompanied by a copy of his valid identity document and indicating his e-mail address, to contact@zenyway.com.

The User may also, for legitimate reasons, object to the processing of his personal data.

Furthermore, ZENYWAY attaches the utmost importance to the User's prior consent to the use, if any, of his personal data for the purposes of prospecting by ZENYWAY's trading partners, through a checkbox. In any case, the User may object to the use of his data for the purposes of prospecting by ZENYWAY by sending an e-mail to the following address: contact@zenyway.com.

Finally, the User can also, at any time, delete his User Account by making the request by sending an email to the address contact@zenyway.com.

ZENYWAY undertakes to ensure that any User personal data, even those transmitted to potential business partners, if any, are not transmitted outside the European Union, except with the express prior consent of the User.

ZENYWAY reserves the right to transmit any User personal data, either to comply with a legal obligation, or in application of a judicial, administrative, or independent administrative authority (such as the French National Commission for Data Processing and Liberties) decision.

5.2 Record Security

The ZenyPass Service includes an automated data processing system. Any fraudulent access to the latter or any alteration of said system is prohibited and liable to criminal prosecution.

ZENYWAY commits to the use of adequate safety systems and procedures to ensure the protection and security of the records stored in the User account, in particular by means of the encryption processed by ZenyPass Applications. The Records are readable (in deciphered version) only by the User, ZENYWAY having access to the encrypted version of said records.

Nevertheless, in view of the complexity of the Internet environment, ZENYWAY can not be held to an obligation of result relating to the security of the Records. Consequently, breaches of the confidentiality of the Records shall not incur the liability of ZENYWAY, for any reason whatsoever and for any damage whatsoever.

In particular, ZENYWAY can not be held liable in the event that a third party accesses its User Account and its Records, or if the said Records would be disclosed for a reason attributable to the Registered Web Sites.

The User agrees to take all precautions to protect his Records and not to commit any act that could jeopardize the security of the system and his User Account.

In general, it is strongly recommended that the User ensure that the ZenyPass Password he chose to access his User Account is sufficiently complex to avoid any interception or piracy by a third party.

Any new device on which the User wishes to use the ZenyPass Service must first be authenticated by the User, by a procedure which requires validation via a device already authenticated. However, the User is advised not to use the ZenyPass Service on a mobile phone or a computer of which he is not the owner or whose use is shared with a third party, in order to avoid any fraudulent connection to his User Account. In this case, ZENYWAY can under no circumstances be held responsible for any damage caused to the User.

Upon becoming aware of this, the User agrees to promptly inform ZENYWAY (at the following address: contact@zenyway.com) of any failure of his User Account or any doubt as to possible fraudulent access to his User Account.

ARTICLE 6 - INTELLECTUAL PROPERTY

All elements and contents of the ZenyPass Service, in particular but not limited to texts, logos, images, photos, drawings, video and audio, graphic texts, etc. are and remain the exclusive intellectual property of ZENYWAY. It is further stated that "ZENYWAY" and "ZENYPASS" are protected trademarks belonging to ZENYWAY, registered with the INPI (the French National Intellectual Property Institute).

These General Terms and Conditions of Use do not give the User any ownership rights in the ZenyPass Service or its components which are and remain the exclusive property of ZENYWAY.

The ZenyPass Service is made available to the User under the conditions provided for in these General Terms and Conditions of Use only for private and non-commercial use and this provision can not be analyzed as a transfer of ownership for the benefit of the User.

Unless expressly authorized in writing by ZENYWAY, it is strictly forbidden to copy, reference, use, exploit, redistribute, retransmit, resell or publish any element of the ZenyPass Service, whether textual, visual, sound, software, as well as to reproduce or link to any content or information available through the ZenyPass Service, with the exception of ZenyPass Applications published under an open source license. The unauthorized reproduction or representation of all or part of the ZenyPass Service, by any means whatsoever, could constitute an infringement within the meaning of Articles L. 335-2 and following of the French Code of the intellectual property.

ARTICLE 7 - ZENYPASS SERVICE MANAGEMENT

The ZenyPass Service is in principle accessible 24 hours a day, 7 days a week. However, access may be suspended, limited or interrupted at any time by ZENYWAY for the purpose of making updates, changes in content or any action necessary for the proper functioning of the ZenyPass Service.

ARTICLE 8 - RESPONSIBILITIES

In the execution of these General Terms and Conditions of Use, ZENYWAY is bound by an obligation of means.

ZENYWAY is only responsible for the content it has published itself. ZENYWAY shall not be liable for any technical malfunction or failure of the ZenyPass Service or for any damage resulting from the use of the ZenyPass Service, in particular in the event of accidental loss of the Records.

Furthermore, ZENYWAY can not guarantee the accuracy and completeness of the information provided therein.

ZENYWAY can not guarantee that the ZenyPass Service meets the specific requirements and needs of the User and that they will be provided without interruption.

ZENYWAY shall not be liable for any damage resulting from (i) the inadequacy of the ZenyPass Service for any particular purpose or for the expectations and needs of the User, the ZenyPass Service being offered as is (ii) the inaccuracy or non-conformity of the information provided by the User, (iii) the User's fault, and in particular the User's failure to comply with these General Terms and Conditions of Use, (iv) access to User Records by a third party, (v) fraudulent or abusive use of the ZenyPass Service, (vi) compromise of the confidentiality of the ZenyPass Password.

In any event, ZENYWAY's liability will be limited to direct damages, excluding indirect damages, suffered by the User.

ARTICLE 9 - DECLARATIONS OF THE USER

The User expressly accepts that the access and use of the ZenyPass Service is carried out under his own responsibility.

The User is personally and exclusively responsible for the hardware and telephony, software, browser, modem and generally any equipment he needs in connection with the use of the ZenyPass Service.

The User declares to be fully informed of the characteristics, constraints, limitations and risks of the ZenyPass Service and accepts them.

The User refrains from diverting the ZenyPass Service from its purpose, in particular by accessing data on which he has no right of access, downloading illicit data or infringing the rights of third parties, or using the ZenyPass Service for illicit purposes, the list being not exhaustive.

In such event, ZENYWAY shall not be liable for any damages resulting from any such misuse of the ZenyPass Service. It also reserves the right to remove any content that is illegal or infringes the rights of third parties as soon as it becomes aware of it.

ARTICLE 10 - SUPPLEMENTARY OFFER

In addition to the free ZenyPass Service, the User may upgrade to a paid offer if he wishes to store more than five (5) Records via his User Account. In this case, the User will have the option to purchase storage for additional Records (for example, one additional Record for 1.49 euros, five additional Records for 4.99 euros, ten additional Records for 9, 94 euros). The User can also purchase for 69 euros the Premium version (called "ZenyPass Premium"), for unlimited storage of Records.

These paid offers are charged to the User by a single payment and do not entail any subscription or recurring charges.

The user will be able to benefit from the storage space purchased for as long as the ZenyPass Service will be available.

The ZenyPass service is also available to companies, who can take out an annual subscription to a Business offer at €20 per year per User, to grant their employees ZenyPass Premium accounts that can be used throughout the duration of this subscription.

Unless special conditions apply, the subscription is payable in advance, and, without a cancellation request sent by email to contact@zenyway.com before the end of the current subscription period, will be automatically renewed for an additional year.

ARTICLE 11 - APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms and Conditions of Use are subject to and interpreted in accordance with French law. Any dispute or dispute arising out of or in connection with the use of the ZenyPass Service and / or these General Terms and Conditions of Use shall be subject to the jurisdiction of the French courts.

ARTICLE 12 - READING VERSION

These General Terms and Conditions of Use have been translated into English but in the event of any dispute, the User expressly acknowledges that only the French version of these General Terms and Conditions of Use will be binding.

ARTICLE 13 - CONTACT

For any question or request for information concerning the ZenyPass Service, or to report any manifestly illegal content, the User may send an email to contact@zenyway.com specifying the subject of his request and, as applicable, the content considered illegal.

General Terms and Conditions of Use updated on April 11th, 2018.