General Terms and Conditions for Kipmi

General Terms and Conditions of Use (KIPMI)

Preamble

be ys Trusted Solutions Luxembourg, part of the BeYs Group (hereinafter the "Service Provider") a public limited company under Luxembourg law, whose registered office is at 17 rue Léon Laval - L-3372 Leudelange registered with the Luxembourg Trade and Companies Register under number B226894.

The Service Provider publishes a Mobile Application so called "KIPMI" for collecting and storing documents so that they can be shared with others service providers with whom the Service Provider has Software as a Service (SaaS) contract.

The purpose of these General Terms and Conditions of Use for the Mobile Application (hereinafter referred to as the "GTCU") is to determine the rules for use of the Application published by the Service Provider and the related Services.

By installing the Application on a terminal and/or accessing the Application, the User unconditionally and unreservedly accepts all these GTCU.

Any visit to and/or use of the Mobile Application must comply with these GTCU.

The Service Provider reserves the right to modify these GTCU at any time, in whole or in part, in order to adapt them to changes in the Services, to technical, legal or jurisprudential developments or when new services are introduced. The applicable GTCU are those in force on the date of connection to and use of the Application by the User.

The User acknowledges that the access to additional functionalities and/or services to be included in KIPMI Mobile Application may require additional contractualization (hereinafter referred to as the "Additional Contractualization") between the Service Provider and the User (e.g. by Contract signing or by acknowledgment and acceptance of an updated version of the GTCU). The User has the possibility to refuse Additional Contractualization. Because of any User refusal, the access to the Mobile Application may be restricted.

The Service Provider therefore invites the User to regularly refer to the latest version of the GTUs available in the Application and on the Provider's Website. In the event of disagreement with the new provisions, the User will be entitled to terminate these GTCU in accordance with the "Termination" article.

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Article 1: DEFINITION

Terms beginning with a capital letter in these GTCU, whether used in the singular or plural, shall have the meaning given to them below:

"Application and/or Mobile Application" means the software application published and supplied by the Service Provider, giving access to the Services, and which is available free of charge in Apple's "App Store" and Google's "Google Play Store" to be downloaded by the User onto his/her Apple iOS or Android device. The Application also includes the Content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements and services of which it is composed, as well as updates and new versions that may be made to the Application by the Service Provider.

"Content" means, but is not limited to, the structure of the Application, editorial content, drawings, illustrations, images, photographs, graphic charters, brands, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the Application and/or any other element making up the Application.

"Personal Data" refers to any information relating to an identified or identifiable natural person; an "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.

"Partner" means a private or public legal entity offering the User the opportunity to receive documents and messages directly and to benefit from paid or free Services via the Application.

"Services" or "Service" means the various functionalities provided via the Application by both the Service Provider and Partners.

"User" means a natural person of full age or a minor 16+ who has obtained prior authorisation from its parents or legal guardian, and who has downloaded the Application for own needs, for strictly personal and non-commercial use, with no direct or indirect profit motive.

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Article 2: PURPOSE OF THE APPLICATION

The purpose of the Application is to enable:

Creating a customer account;

Updating account information;

Collection of documents and authorisation for the User to share them with Partners;

Checking the conformity of documents at the request of the Partner;

The storage of documents, qualified as compliant, in a sovereign digital safe so that they can be used by any Service requesting them;

The Application also enables access to additional Services provided by Partners with the account and documents collected and requiring acceptance of the Partner's Terms and Conditions.

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Article 3: AVAILABILITY OF THE APPLICATION

The Application is accessible 24 hours a day, 7 days a week, except in cases of force majeure and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Application.

The Application is updated to add new functions and new Services without the User being able to object, apart in case Additional Contractualization is required, c.f. Preamble hereabove. User’s refusal may trigger limited access to the Application.

Maintenance and/or updates may be carried out without prior notice to Users.

Article 4: CONDITIONS OF ACCESS AND FINANCIAL CONDITIONS

4.1: ACCESS CONDITIONS

4.1.1: Downloading

The equipment and material resources required to access the Application are the sole responsibility of the User.

To access and use the Application, the User must have:

A compatible mobile phone or mobile terminal;

Internet access;

A customer account in a virtual store at one of the mobile Application providers (App store and/or Google Play Store).

4.1.2: Creating or registering an account

If the User does not have an account, they will be required to create one in order to use the Application. The User must provide the necessary information to the Partner, who will then generate a code and invite the User to create an account.

Once the account has been created, the User enters its e-mail address and a confidential password, which User will have defined when logging on for the first time, enabling accessing the Services.

The User guarantees the Service Provider that the information provided at the time of registration is accurate, complete and up to date.

4.2: FINANCIAL CONDITIONS

The Application is offered free of charge to Users other than:

Cost of subscription with mobile phone operator

Cost of connection and access to the Internet

Additional costs may be charged for loading data

Possible cost of Services provided by Partners

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Article 5: RIGHTS, OBLIGATIONS AND LIABILITY OF THE USER

The User expressly undertakes:

To download the Application onto equipment exclusively for personal, non-commercial use;

To expressly refrain from using software or devices likely to disrupt the proper functioning of the Application, nor from taking any action likely to impose a disproportionate burden on the Service Provider's infrastructure;

To inform the Service Provider as soon as they become aware of an act of piracy and in particular of any illicit or non-contractual use of the Application and/or the Content, whatever the means of distribution;

Not to sell, rent, sub-license or distribute in any way whatsoever the Application and/or the Content to third parties.

The User is strictly forbidden to:

Adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode or reverse engineer all or part of the Application, Services and/or Content;

To create works derived from the Application;

Use software or processes intended to copy the Content without the Service Provider's prior authorisation;

Export the Application, merge all or part of the Application with other computer programs;

Reproduce the Application permanently or temporarily, in whole or in part, by any means and in any form;

Extract or re-use, including for private purposes, without the Provider's prior written authorisation, any substantial or non-substantial part of the content of the databases and archives created by the Application;

Set up systems likely to pirate the Application and/or the Content in whole or in part, or likely to violate the Application GTCU.

In the event of suspected fraudulent use of the account, the User must notify the Service Provider immediately.

By contravening these prohibitions, the User may be liable to prosecution and damages. In the event of non-compliance with these GTCU, the Service Provider reserves the right to unilaterally and without prior notice refuse the User access to the Application. In this case, the User will have limited access to its documents for a period of one (1) month to recover them prior account will be deleted.

The User is solely responsible for accessing and using the Application and Services. User is solely responsible for the activities carried out under its personal identifier and password.

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Article 6: RIGHTS AND OBLIGATIONS OF THE SERVICE SUPPLIER

The Service Provider shall use its best endeavours to ensure the proper functioning of the Application and undertakes to provide secure access, consultation and use of the Application. The Service Provider is subject to an obligation of means.

The Service Provider undertakes to carry out or have carried out the necessary maintenance work to restore the correct operation of the Application or its Website as soon as possible.

The User expressly acknowledges that the Service Provider has, by virtue of the information made available to the User under the GTCU, fulfilled its obligations to provide advice and information concerning the characteristics of the Services.

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Article 7: LIABILITY OF THE SERVICE SUPPLIER

The Service Provider cannot be held liable for the risks accepted by the User in accordance with the article "Risks for the User" below.

The Service Provider may only be held liable by the User for events exclusively attributable to the Service Provider. The Service Provider shall not be held liable for any other events attributable to the User, a partner or any other third party. The Service Provider accepts no liability in the event of malfunction or incompatibility between the User's equipment or hardware and the Application.

In the event that the Service Provider's liability is called into question, the right to compensation for damage suffered by the User as a result of proven breaches by the Service Provider is expressly limited to:

the return of the User's documents, subject to the User's express request,

the reimbursement of any sums paid by the User for the use of the Services.

The Service Provider may not be held liable for any loss resulting from a fault, non-performance or poor performance attributable to the User or to an unforeseeable and insurmountable event of a third party outside its control affecting the provision of the Services or access to the Application or to a case of force majeure.

The Service Provider may not be held liable for any indirect damage that may result from the use of the Application. Any action brought against the User by a third party constitutes indirect damage and consequently does not give rise to a right to compensation.

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Article 8: PROTECTION OF PERSONAL DATA

Personal data is collected, stored and processed by the Service Provider in accordance with the General Data Protection Regulation (GDPR). In its capacity as data controller, the Service Provider uses personal data exclusively for the performance of this contract. The purpose of the processing is the collection, storage and sharing of documents, and where applicable, the commercial relationship, and the invoicing of the service. In accordance with the GDPR regulation, the User has the right to request the rectification, deletion or limitation of its personal data processing, or to object to the processing for a legitimate reason, as well as to request the portability of its data.

For more detailed information regarding personal data protection, the User is invited to refer to the enforceable Application Privacy Policy.

For any questions, complaints or to assert their rights, User may contact the Data Protection Officer:

Either electronically: dpo@be-ys.com

Or by post to the following address:

Attention to BeYs DPO

46 rue du Ressort - 63967 Clermont-Ferrand - France

The personal data collected by the Service is kept, together with the event logs, for a maximum of ten (10) years after the expiry of these GTCU.

Article 9: APPLICATION SECURITY

The Application is provided "as is" and "as available" without warranty of any kind. Access to and use of the Application is at the User's own risk.

9.1: RISKS FOR THE USER

It is the User's responsibility to take all appropriate measures to protect its own data and/or software stored on its equipment (telephone, computer) against any attack (malfunction, virus, piracy, non-exhaustive list).

9.2: RISK ON THE "INTERNET NETWORK"

The technical performance of the mobile Internet requires the processing time necessary to respond to, consult, query or transfer the Services.

The User declares being aware of and accepts the limits and problems of the Internet network for which the Service Provider cannot be held liable: (non-exhaustive list)

The characteristics and limits of the Internet network and, in particular, the functional characteristics and technical performance of the Internet network;

Problems with connection and/or access to the Internet and/or websites;

Problems linked to network availability and congestion;

Problems linked to network failure or saturation;

Problems relating to transit time, access to information posted online, response times for displaying, consulting, querying or otherwise transferring data;

The risks of interruption ;

The lack of protection of certain data against possible misappropriation or piracy;

The risks of contamination by any viruses circulating on the said networks.

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Article 10: TECHNICAL LIMITATIONS

The User must ensure having a sufficient Internet connection to use the Application. The Service Provider is not responsible for the malfunctioning of the Application in the event of a poor or non-existent Internet connection. Certain services may not function in the event of poor Internet connections.

For the Application Services to function properly, certain mobile phone functions must be activated (camera, geolocation, networks, etc.). If these functionalities are not activated or present on the User's mobile phone, certain Services will not be functional on the Application. The Service Provider cannot be held responsible for non-functional Services.

The Service Provider shall ensure that the Application is published on the stores and that the Application is compatible with most mobile phone devices on the market. Due to the large number of models, various operating systems (whether up-to-date or not), any additional costs incurred by operators, and the different software installed by the User,

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Article 11: PROOF AGREEMENT

The Parties acknowledge that the proof of the tasks, exchanges and notifications that take place between them for the purposes of executing these GTCU as part of the implementation of the Services are authentic between them.

To this end, the User acknowledges and accepts that the computerised records kept by the Service Provider under reasonable conditions of security and integrity are considered to be proof of the tasks, as are the exchanges and notifications that take place for the purposes of executing these GTCU.

Thus, the elements considered constitute proof and, if they are produced as means of proof by the Service Provider in any litigation or other proceedings, will be admissible, valid and opposable in the same way, under the same conditions and with the same probative force as any document that would be drawn up, received or kept in writing.

Article 12: INTELLECTUAL PROPERTY

The Service Provider is the exclusive owner of all intellectual property rights relating to the Application and its Content. Downloading the Application does not give the User any right to the Service Provider's intellectual property rights.

All rights of reproduction and representation are reserved, including for downloadable documents. All texts, graphics, icons, photographs, plans, logos, videos, sounds, trademarks and, more generally, all elements making up the Application may not be represented, reproduced, exploited or extracted, in whole or in part, on any medium whatsoever, without the express prior authorisation of the Service Provider.

The User expressly undertakes that the use of the Application shall in no way infringe the rights of the Service Provider, and that such use shall not constitute an act of infringement, unfair competition or parasitism of the Content.

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Article 13: TERMINATION

The Service Provider may decide to end the provision of the Application at any time, subject to giving 10 (ten) days' notice; notification of the end of the provision will be by e-mail or by displaying a message on a screen of the Application.

The Service Provider does not have to give reasons for its decision to end the provision of the Application, and this decision may not give rise to compensation or reimbursement (the Application is free).

The User may also cancel the Services and request the deletion of their User account by clicking on the "delete my account" button. By deleting its account, the User accepts the termination of these GTCU. The deletion of the account entails the deletion of the documents unless the User expressly requests their return by sending an email to the support department at the address given below.

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Article 14: DIVISIBILITY

If any of the stipulations of the GTCU are held to be null and void or invalid and declared as such in application of a law, regulation or following a final decision by a competent court, this stipulation will be deemed unwritten, without altering the validity of the other stipulations, and will be replaced by a valid stipulation of equivalent effect.

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Article 15: REMEDIES, JURISDICTION AND APPLICABLE LAW IN CASES OF DISPUTE

The form, implementation and validity of these terms and conditions are governed by Luxembourgish law.

Prior to any litigation, the Parties undertake to work together in good faith to find an amicable solution within thirty (30) days. Any claim must first be made in writing to the Service Provider's Customer Service at the following address:

be ys Trusted Solutions Luxembourg

Customer Service
17 rue Léon Laval

L-3372 Leudelange

or by email: kipmi.customer.service@be-ys.com

Where applicable, any dispute arising from the validity, interpretation or performance of these GTCU shall be submitted to the competent courts.

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Contact

be ys Trusted Solutions Luxembourg

Address: 17 rue Léon Laval - L-3372 Leudelange (G.D. of Luxembourg)

Email: contact@be-ys.com

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Definitions

The following terms, whether used in the singular or plural in the body of the T&Cs, shall have the meanings given below:

KIPMI Application: Refers to the software application published and provided by the Service Provider, giving access to the Solutions and Services, and which is available free of charge in Apple's "App Store" and Google's "Google Play Store" for download by the Licensee onto their Apple iOS or Android device. The Application also includes the Content, software, programmes, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements and services that comprise it, as well as any updates and new versions that may be made to the Application by the Service Provider. It provides a reliable digital identity for each Holder and offers a range of Solutions and Services.

Attribute: Refers to a characteristic, quality, right or authorisation relating to a Document or data belonging to a Holder.

Client: Refers to the Service Provider's client entity that offers the Solutions and Services that a natural person selected by the Client can access from the KIPMI Application.

Content: Refers to all text, Documents, files, images, graphics, information, data (including personal data), photographs, in any format, provided by Clients or by Account Holders themselves and stored in the Vault.

Document: Means all Documents deposited in the Holder's Vault.

Holder: refers to the natural person of legal age whose identity has been verified and who has a KIPMI Application.

Identity: Refers to the identity established from the data collected when the Holder activates the KIPMI Application. This identity will be used to authenticate the Holder and assign the KIPMI Application to them.

Remote identity verification ("RIV"): Refers to all services provided by the Service Provider to verify the identity of the Holder.

Service: Individually refers to the digital services accessible from the KIPMI Application, or access to which will be conditional upon acceptance of the T&Cs.

Solution: Set of Services selected by the Customer made available after the Holder has downloaded and activated the KIPMI Application.

Third-party services: Refers to APIs, software, services and websites provided by a third-party company and accessible from the KIPMI Application.

Vault: Refers to the space made available to the Holder, at the end of the VID phase, in the KIPMI Application, enabling:

- store Content, in particular Documents transmitted by the Customer;

- to retrieve certified copies of stored Documents;

- manage all stored Content;

- to administer the Attributes relating to the stored Content.

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Purpose

The purpose of these General Terms and Conditions of Use (hereinafter referred to as the "GTCU") is to define the legal conditions relating to the use of the KIPMI Application by its Holder.

The purpose of the KIPMI Application is to enable:

The secure management of personal data enabling the identification of the Holder;

Verify and certify the identity of natural persons in accordance with legal requirements (MIE T&Cs);

The collection of Content and the management of access to Content and/or data;

The creation of Attributes that can be used to confirm information contained in a Document or in any type of file integrated into the KIPMI Application;

Secure storage of Content in the Vault.

The KIPMI Application may also allow access to third-party Solutions and Services through the Digital Identity and requiring acceptance of specific contractual terms and conditions.

Any modification of the T&Cs proposed by the Service Provider will be communicated via the KIPMI Application. If the Holder does not wish to accept these new T&Cs, the Service Provider reserves the right to terminate these T&Cs in accordance with Article 18 of the T&Cs.  
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Entirety of the T&Cs

By installing the KIPMI Application on a mobile phone and/or accessing the KIPMI Application, the Holder unreservedly accepts all these T&Cs.  

The parties acknowledge that these Terms of Use and their Annexes constitute the entire agreement between them with regard to the fulfilment of the purpose hereof, and cancel and replace all previous agreements and proposals with the same purpose, regardless of their form.  

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How to obtain and activate the KIPMI Application

To have access to all the Solutions and Services that may be offered by the Customer, the Holder must have a KIPMI Application for which they have been duly identified. This identification is carried out in a reliable manner based on a remote identity verification process provided by the Service Provider.

The Holder may use certain Services directly or following an invitation from a Customer. The Holder may be in contact with several Customers at the same time.  

The equipment and material resources necessary to access the KIPMI Application are the sole responsibility of the Holder.

To access and use the KIPMI Application, the Holder must have:

A compatible mobile phone or cell phone;

Internet access;

A customer account in a virtual store with one of the mobile application providers (App Store and/or Play Store).

If the Holder does not have an account, they will be asked to create one in order to use the KIPMI Application.  

The Holder must provide the Service Provider with the information necessary for authentication and account creation. Authentication and validation of the Holder's account will allow them to access the Solutions and Services of the KIPMI Application.

To view and access the Content, the Holder must first log in and ensure that they have the appropriate software to read it.

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Terms of use of the KIPMI Application

The KIPMI Application allows Holders to submit Content, exchange data, access Attributes, sign, view, share and download Content, possibly with Customers or even other third-party Services.  

The KIPMI Application allows Content to be stored on behalf of the Holder for a period of time determined by the Holder.  

The Holder acknowledges that they are solely and fully responsible for the retention period of the Content in their Vault for the entire duration of use of the service. The Holder also acknowledges that a Vault that has not been used for more than ten (10) years will enter a process of unsubscription from the service. Three (3) emails, sent at one (1) month intervals, will inform the Holder of the option to keep the service active or to unsubscribe. In the event of unsubscription, the Holder will have one (1) month to download their Content. After this period, the Content will be permanently deleted.    

The KIPMI Application may be used by the Holder in connection with the use of Solutions and Services selected by the Customer.

The Service Provider shall remain uninvolved in the relationship between the Holder and the Customer.

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Obligations of the Holder

The Holder undertakes to regularly check the KIPMI Application and the Solutions and Services installed via its KIPMI Application, the email address provided during registration and the mobile phone number provided by it for any notifications. The data, Attributes or Content that it exchanges must have been verified before being sent to the Customer or to a third party duly authorised by the Holder.

The Holder undertakes to always comply with the laws applicable in relation to the use of the KIPMI Application, the Services and the Solutions. In this context, the Holder undertakes in particular not to store Data or Content in the Vault that (i) could infringe the rights of third parties; (ii) could be defamatory or abusive; (iii) could be of a violent or pornographic nature; or (iv) could incite the commission of illegal acts. If the Service Provider is informed of the manifestly illegal nature of a Document, it reserves the right to remove it and/or implement Article 18 "Termination".

Furthermore, it is the responsibility of the Holder to protect their mobile phone against viruses, spyware, Trojan horses or other intrusive or destructive parasites.

The Service Provider informs the Licensee that it reserves the right to limit the storage capacity of the Vault.

The Holder's username is their email address, and they choose their own personal and confidential password or any other secure means of digital authentication, which they undertake to keep secret and protect from access by third parties. Furthermore, they are required to inform the Service Provider immediately if there are any indications that their access to the KIPMI Application has been misused by third parties. The Holder is responsible for all activities carried out using their access data.  

The Holder is solely responsible for the use of their secure digital authentication means, its assignment and storage. It is advisable to change passwords regularly. The Holder is personally responsible for the risks associated with the disclosure or misuse of their secure digital authentication means.

In the event of loss of the password, the Service Provider offers the Holder an online solution to identify them in order to send them a new password by email to the known email address.

The right to use the KIPMI Application under these T&Cs is personal and non-transferable.

The Holder is strictly prohibited from:

Adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode or reverse engineer all or part of the KIPMI Application, the specified Applications, the Solutions, Services and/or the Content;

Create derivative works of the KIPMI Application, Solutions and Services;

Use software or processes designed to copy Content that is the intellectual property of the Service Provider without the prior authorisation of the Service Provider;

Export the KIPMI Application, the Solutions and Services, or merge all or part of them with other computer programs;

Reproduce the KIPMI Application, Solutions and Services permanently or temporarily, in whole or in part, by any means and in any form whatsoever;

Extract or reuse, including for private purposes, without the prior written authorisation of the Service Provider, any substantial or non-substantial part of the content of the databases and archives created by the KIPMI Application, the Solutions and Services;

Set up systems that may hack the KIPMI Application, the Solutions and Services, and/or the Content in whole or in part, or that may contravene these T&Cs.

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Obligations of the Service Provider

The KIPMI Application is accessible 24 hours a day, 7 days a week, except in cases of force majeure and subject to any breakdowns and maintenance operations.

The operation and maintenance of the servers dedicated to the Solutions, Services, and the KIPMI Application are ensured at all times to guarantee their proper functioning. The Service Provider may suspend them for maintenance or updating purposes. The Service Provider shall endeavour to notify the Licensee prior to the implementation of such operations.

The Service Provider shall provide the tools enabling the Licensee to sign the Documents electronically, the Service being a third-party service.

The Licensee may store Documents in electronic format in the KIPMI Application's Safe. Restrictions on use, particularly regarding the size of accepted Content, are available on the KIPMI Application or a specific Solution or Service and may change over time. The Licensee acknowledges that they will review these restrictions regularly.  

The KIPMI Application is accessible at any time, provided that the Holder complies with the technical conditions set out herein. Tools are available to enable the Holder to manage the Content deposited in accordance with these terms and conditions. These tools are intended as an aid and do not exempt the Holder from maintaining vigilance regarding compliance with the legal, regulatory and contractual deadlines applicable to them for Content deposited on their initiative or by the Customer.

The Service Provider shall ensure that the KIPMI Application is published on app stores and that it is compatible with most mobile devices on the market, given the large number of models, different operating systems (up to date or not), any additional costs incurred by operators, and the different software installed by the Licensee.

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Security and management of Content and data

The Service Provider uses a secure connection for the transmission of information between the mobile phone of the Licensee on which the KIPMI Application is installed and the Service Provider's servers.

The Content and/or information stored is confidential and reserved for the exclusive use of the Holder. The Holder is responsible for the Content stored.

The Service Provider may only transfer Content or any other data to a third party with the Authorised User's permission, provided that such transfer is necessary for the provision of a Solution or Service.

In order for the KIPMI Application and the Solutions and Services to function properly, certain mobile phone functions must be activated (e.g. camera, geolocation, networks, etc.). If this is not the case, certain services available on the KIPMI Application cannot be used. The Service Provider cannot be held liable on this basis.

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Liability

The Service Provider is bound by an obligation of means within the framework of these Terms of Use.

The Service Provider shall only be liable to the Holders in the event of gross negligence or wilful misconduct.

In the event of force majeure, the obligations of the Terms of Use shall be suspended for the duration of the event in question without prejudice or compensation for either party. In this respect, the Service Provider shall not be held liable.

It is expressly understood that the Service Provider shall not be held liable for any Content posted by a Customer or by the Account Holder themselves.  

The Licensee declares that they are aware of the characteristics and limitations of the Internet and electronic communications networks, in particular their technical performance, response times for consulting, querying or transferring data, and the risks associated with the security of communications. The Licensee acknowledges that the Service Provider cannot be held liable for such characteristics and limitations. Furthermore, the Licensee acknowledges that the Service Provider cannot guarantee that the KIPMI Application will meet its specific expectations or needs.

Subject to applicable public policy provisions, the Service Provider shall not be held liable for any indirect or unforeseeable damage suffered by the Licensee, such as financial or commercial loss, loss of profits, loss of earnings, loss of customers, commercial disruption, loss of income or loss of data caused by or resulting from these T&Cs, relating to the use of a Solution or Service, or resulting from the use of the KIPMI Application.

The Service Provider specifically declines all liability for any damage resulting from:

The use of a Solution or Service in a context other than that agreed with the Customer;

The use of a Service provided by a third party;

One or more failures to download the KIPMI Application, activate it or access a Solution or Service;

In the event the Service Provider is held liable, it is expressly agreed that the right to compensation for damages suffered by the Holder is expressly limited to:

the return of the Holder's Content and data, subject to the Holder's express request,

the reimbursement of sums paid by the Holder for the paid use of the KIPMI Application, excluding any third-party Services, in which case the Holder must contact the latter in the event of a dispute.

The Service Provider accepts no liability for the use of a Solution or Service, the posting of Content by the Holder or a Customer, or any associated data transmitted by the Customer, under conditions and for purposes other than those provided for in these T&Cs.

Under no circumstances shall the Service Provider intervene in any way whatsoever in the contractual relations that may arise between Customers and Account Holders, in particular with regard to the use of the KIPMI Application and the Solutions and Services to which the Account Holders have subscribed.  

The Service Provider shall not be responsible or liable for the quality of the Internet connection, electronic communications networks or the consequences of any delay or loss in the transmission of Content and Data, or for any delay, alteration or other error occurring in the transmission of electronic communications under these Terms of Use. Furthermore, it is agreed that the Service Provider shall not be held liable for any malfunction affecting the Account Holder's mobile phone or for any misuse of the KIPMI Application or the Solutions and Services determined and chosen by the Account Holder. Similarly, the Service Provider shall not be liable for the proper functioning (breakdown, error, incompatibility, etc.) of the Holder's mobile phone.  

The Service Provider shall not be held liable and shall not assume any responsibility for any delay in the performance of its obligations or any failure to perform its obligations under these Terms of Use when the circumstances giving rise to such delay or failure result from a case of force majeure as defined in Article 13 below.

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Price

The KIPMI Application is offered free of charge to Holders, excluding:

The cost of the subscription with the mobile phone operator;

The cost of connection and access to the Internet;

Any additional charges that may be incurred for data downloads;

The capacity limits of the Vault;

The cost of any third-party services.

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Subcontracting

The Service Provider reserves the right to subcontract all, or part of the services covered by these Terms of Use to any other company of its choice, with the Service Provider remaining solely liable to the User.

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Force majeure

The Service Provider cannot be held liable for any failure or delay in the performance of one or more obligations under these Terms of Use in the event of force majeure, exceptional circumstances or circumstances beyond its control.

Cases of force majeure or exceptional circumstances are those recognised by French law and the French courts, in accordance with Article 1218 of the Civil Code.

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Protection of personal data

In the context of providing the KIPMI Application, the Service Provider processes personal data relating to the Holder, in its capacity as data controller within the meaning of the regulations applicable to the protection of personal data.  

The purposes of this processing are:

The administrative management of the KIPMI Application;

Technical management of the KIPMI Application;

Propose new Services;

Commercial prospecting;

Pre-litigation and litigation management;

Management of the rights granted to Data Subjects as persons concerned by the processing of personal data.

The Data Controller has the right to access, rectify, erase and transfer personal data, the right to restrict processing, the right to object to processing, the right to withdraw consent and the right to define guidelines in the event of death. These rights may be exercised:

either by email: dpo@be-ys.com

or by post to: be ys Trusted Solutions Luxembourg, 17 rue Léon Laval - L-3372 Leudelange (G.D. de Luxembourg)

The Data Subject also has the right to lodge a complaint with the competent authorities (in particular the CNPD).

Information relating to the processing carried out is detailed in the data protection policy].

When the Holder accesses Solutions or Services offered by the Service Provider's Client, the Service Provider collects and processes the Holder's personal data as a subcontractor of the Client. The Service Provider acts on behalf of and under the instructions of the Client, who is the data controller.  

Commitments regarding the protection of personal data are subject to specific provisions in the contract between the Client and the Service Provider. It is the responsibility of the data controller to provide the Holder with information relating to the processing of personal data carried out in this context.

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Intellectual property

The Licensee undertakes to respect the Service Provider's intellectual property rights attached to, without this list being exhaustive, the structure of the KIPMI Application, the Solutions and Services, editorial content, designs, illustrations, images, photographs, graphic charters, trademarks, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as the Service Provider's trademark.

In general, the elements present on the KIPMI Application, Solutions and Services (logos, trademarks, graphic guidelines and charters, texts, photos, data, etc.) are covered by the intellectual property rights of the Service Provider or the Customer.

As such, the Holder may not use these elements without the prior written authorisation of the intellectual property rights holders (Service Provider, Customer, etc.). Consequently, any extraction and/or reuse of these elements without authorisation is prohibited and may be subject to civil and criminal penalties.

Each Holder is the owner of the Content deposited in the Vault. It is their responsibility to hold the intellectual property rights relating to the Content.  

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Evidence agreement

The Service Provider and the Holder agree to establish, within the framework of the KIPMI Application and the Solutions and Services, the rules relating to admissible evidence between them in the event of a dispute and its probative value.

The following provisions therefore constitute the evidence agreement between the parties, who undertake to comply with this article.

The parties agree that in the event of a dispute, the usernames and passwords or any other secure digital means of authentication used to access the KIPMI Application, the Content posted, the Solutions and Services used in connection with the KIPMI Application, as well as the Services chosen by the Holder, are admissible in court and constitute proof of the data, consents and facts they contain, as well as the signatures they express.

The parties agree to accept that, in the event of a dispute, time stamps are admissible in court and shall constitute proof of the data and facts they contain.

The parties agree that in the event of a dispute, the exchanged Content, notifications and their traces are admissible in court and constitute proof of the data and facts they contain.

The parties acknowledge the legal value and probative force of all Content and, in general, of any Document received and/or issued, whether signed or not, in connection with the KIPMI Application, the Solutions and the Services.

Proof to the contrary may be provided by the Holder.

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Validity of the T&Cs

The T&Cs are valid from the first day they are posted online until a new version is published.  

The applicable T&Cs are those whose date of publication appears on these T&Cs.  

The Holder shall be informed of any changes to these T&Cs. The Holder must accept the new version of the T&Cs when first using the KIPMI Application following their entry into force.  

If the User refuses to accept the Terms of Use, they may no longer use the KIPMI Application and must uninstall it.  

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Term – Termination

These Terms of Use are concluded for an indefinite period from the date of their acceptance. The User shall have access to the KIPMI Application and the Solutions and Services determined from the date of such acceptance.

The Holder may terminate their relationship with the Service Provider at any time by uninstalling the KIPMI Application using the "delete my account" button.

The Content stored on behalf of the Holder will be destroyed and made inaccessible. It is the Holder's responsibility to ensure that they download and back up any Content stored before sending their termination request and (if necessary) to inform the Customer of such termination.  

If the Account Holder refuses the new T&Cs proposed by the Service Provider or fails to respond within a reasonable period of time, the Service Provider reserves the right to terminate the T&Cs in the manner provided for in this article. The Holder may access their Content before uninstalling the KIPMI Application. The Holder acknowledges that the Service Provider will inform the Customer accordingly. The Service Provider shall not be held liable on this basis.

The Holder may not claim any compensation from the Service Provider.

The Service Provider may, at its discretion, suspend access to the KIPMI Application and to the Solutions and Services determined, if the Account Holder violates legal and/or contractual obligations or if it suspects that the Account Holder is violating them in a serious or repeated manner. The Licensee shall have seven (7) days to remedy the breach. Failing this, the Service Provider reserves the right to terminate the T&Cs without prior notice.

The Service Provider may also suspend access to the KIPMI Application and to one or more Solutions and Services, automatically and without notice, if requested to do so by administrative or judicial authorities. In this case, the Holder shall not be entitled to any compensation.  

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Insurance

The Service Provider declares that it is insured by a reputable civil liability insurance company covering the KIPMI Application and the Solutions and Services contained therein.  

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Applicable legal system and dispute resolution

These Terms of Use are governed by Luxembourg law.  

The Parties shall endeavour to settle any dispute concerning the interpretation or performance of the T&Cs amicably and as quickly as possible. In the absence of conciliation, any dispute relating to the validity, interpretation or performance of these T&Cs shall be submitted to the competent courts of Luxembourg.

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Revised on 26/08/2025