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ANIMA.IO (Synaps Smart System)

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ANIMA.IO (Synaps Smart System)


La version des conditions générales est disponible ici
Previous version are available here

PLEASE READ THIS TERMS & CONDITIONS CAREFULLY.  BY ACCESSING OR USING OUR
WEBSITES AND/OR MOBILE APPLICATIONS, SOFTWARE DEVELOPMENT KITS OR OTHER PRODUCTS
OR SERVICES THAT HAVE LINKED TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE
TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF
THESE TERMS, DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR OTHER PRODUCTS OR
SERVICES.
Terms and conditions
December 2022
Version 1.0
LEGAL NOTICE
The director of publication is Alexis M., CCO.
The website Anima.io is hosted by CloudFlare. The host contact information is
here.


TABLE OF CONTENTS
Preamble 3
Definitions 3
Acceptance of the T&Cs 4
Acceptance of the risks 4
Technological risk 4
Legal risk 5
Creation and use of the Anima 5
Creation of the Anima 5
Update of the Anima 5
Security of the Anima 5
Sharing of the Anima’s data 6
Parties’ responsibilities 6
User’s responsibilities 6
Company’s responsibility 7
Responsibility for the duty of advice 7
Responsibility for the provision of the Service 7
Responsibility for the operation of the Platform 7
Indemnification 8
Duration of the T&Cs 9
Amendment of the T&Cs 9
Suspension and termination of the Service 9
Termination at the User's request 9
Suspension or termination at the Company’s initiative 9
Consequences 10
Intellectual property rights 10
Assistance 10
Non-waiver 11
Governing Law and Jurisdiction 11
Governing law 11
Amicable resolution 11
Jurisdiction 12
Preamble
The Company operates the decentralized application (dApp) App.Anima, available
in particular through the Anima.io website and allowing Users to associate their
identity with a public cryptographic address registered on a Blockchain thanks
to an Anima, in order to carry out a Partner's KYC Procedure (the "Service").
The purpose of the T&Cs is to define the conditions under which the Platform and
the Service may be accessed and used, as well as to define the rights and
obligations of Users and the Company in this context.
These T&Cs apply to all Users without restriction or reservation, to any use of
the Platform and the Service.
Definitions
Unless otherwise specified and without prejudice to the other definitions
contained in the T&Cs, the terms defined hereinafter shall, whenever
capitalised, whether used in the singular or plural, masculine or feminine, have
the meanings hereinafter assigned to them:
Anima
refers to the User's profile resulting from the association of his personal
identity information with a Blockchain address, accessible from his Wallet.
Blockchain
refers to a distributed ledger technology (DLT) (ex: Polygon).
User
refers to any natural person who owns an Anima.
T&Cs
refers to these terms and conditions to use the Service.
Partner
refers to any third party service that is compatible with Anima, requiring the
implementation of a KYC Procedure.
KYC Procedure
refers to the procedure for identifying and verifying the identity of a User,
implemented by the Partners under obligations for anti-money laundering and
counter financing of terrorism.
Parties
refers to the Company and the Users.
Platform
refers to the website Anima.io and the decentralised application (dApp)
App.Anima.
Wallet
refers to the User's self-hosted (non-custodial) digital wallet containing his
Anima (Ledger or Metamask).
Third-Party
refers to any natural or legal person who is neither the Company nor the User.

Acceptance of the T&Cs
When creating his Anima, the User materialises his consent to the T&Cs by
ticking the corresponding box appearing on the Platform.
Following the creation of his Anima, the T&Cs are given to the User on a durable
medium in permanent conditions of accessibility.
The present T&Cs constitute a legally binding agreement between the Company and
the User. The User acknowledges having carefully read, understood and accepted
them in their entirety.
The acceptance of the T&Cs is necessarily full and complete. Any acceptance
under certain reservations is considered null and void. The present T&Cs govern
the creation of an Anima for each User and apply, without restriction or
reserve, to any use of the Service offered on the Platform. Any User who does
not agree to be bound by the present T&Cs will not be able to access the
Service.
Each User acknowledges that he/she has, in his/her country, the full and
complete capacity to contract and declares that he/she has read and accepted the
T&Cs without restriction or reservation.
Acceptance of the risks
Access to the Service requires an understanding of Blockchain and Digital
Wallets technologies.
In case of doubt, or if they do not understand how these technologies work,
Users must refrain from using the Service.
To provide useful information for the understanding of the proposed Service, the
Company provides Users with a page of “frequently asked questions” (FAQ)
accessible at any time on the Platform.
In case of doubt and/or additional questions about the functioning of the
Service and the associated risks, Users are invited to contact the Company by
sending a mail to the email address indicated on the first page.
By accepting the present T&Cs, the User guarantees to be aware of the
consequences and risks related to the use of Blockchain technologies. These
risks are listed below.
Technological risk
Users must be aware of the technical risks associated with the Service, which
includes in particular the risks arising from an error or a security defect
associated with the underlying Blockchain, which may result in a loss of data or
a loss of access to the Anima.
This security error or flaw associated with the Blockchain may enable and/or
result in the hack and theft of data from the Company and the Anima, including,
but not limited to, Sybil attacks, smurfing malware attacks, or other known or
unknown new methods.
Legal risk
Users are informed that Partners are subject to anti-money laundering and
counter terrorist financing requirements, which may change in the future. Such
changes may result in additional obligations being imposed on Partners and thus
limit the effective use of the Service.
Creation and use of the Anima
Creation of the Anima
In order to access the Service, Users must create an Anima by connecting their
Wallet to the Platform and then performing a prior identity verification.
The Company provides Users with a detailed tutorial explaining the steps for
creating the Anima.
The identity documents supported by the Anima are detailed in the FAQ.
Users agree to provide all required information in a complete and accurate
manner for the creation of the Anima. If the information is incomplete or
inaccurate, the Company will not be able to validate the User's identity and
will refuse the creation of the Anima.
The User expressly declares that he/she has the capacity and/or has received the
required authorizations to use the Service provided by the Company and
guarantees the Company against any liability due to a false declaration.
Update of the Anima
The Company shall regularly control the validity of the User's identity.
In the event that one or more identity documents expire after the User has
created the Anima, the Company will request that the User update such documents.
Failure to update the expired information will result in the Company temporarily
blocking the Anima. The reactivation of the Anima will be done after the
validation of the updated information and/or documents.
Security of the Anima
The User is responsible for accessing and using the Anima and must make a
strictly personal use of the connection information to his or her Wallet.
The Company only has access to the User's public cryptographic key but never to
the User's private key, which remains the User's sole responsibility. Users
shall not divulge their private key to anyone, and agree to take all necessary
steps to secure access to their Wallet and Anima related data.
If a User has a reason to believe that its Private Key has been lost or stolen
and/or that its Anima data has been misappropriated or compromised in any way;
or in the event of any unauthorised use of its Anima, such User must immediately
notify the Company by email at privacy@synaps.io.
In the absence of such notification, all use of the Anima will be deemed to have
been made by the User.
Following such notification and/or in the presence of a potential or proven
threat to the security or confidentiality of the User's data, the User
authorises the Company to take all appropriate measures to prevent the
unauthorised access.
In this regard, the Company may:
require the deletion of the Anima by the User if he or she still has its private
key; or
delete the Anima for the User thanks to a trusted third party if the User has
lost his or her private key.
The Company shall not be responsible for any errors in the User's information,
nor for any loss or theft of the User's private key, or any resulting usurpation
of the Anima.
Sharing of the Anima’s data
The User shares data through his Anima when he connects to a Partner’s service.
To do so, the User must:
connect his wallet to the Partner’s service;
decrypt, using his private key, the type of documents stored in his Anima, and
then decrypt the content of the document itself; and
authorise the sharing of the decrypted data to the Partner.
The User is solely responsible for choosing the Partner and the data he shares
with each Partner. The User understands that the data is requested by the
Partner on the basis of compliance with a legal obligation, i.e. the
requirements relating to the knowledge of the User for anti-money laundering and
counter terrorist financing.
The Company does not interfere in any way with this data sharing and shall not
be liable for any damage resulting from it.
Parties’ responsibilities
User’s responsibilities
The User guarantees the Company against any breach exceeding the foreseeable
risk, against any fraudulent or negligent use of the Service.
The User agrees to indemnify, defend and hold harmless the Company against any
claim against the Company arising from the User's use of the Service.
The User further agrees to indemnify and hold Company harmless from any
liability, loss, damages, costs, claims and/or expenses, including but not
limited to attorneys' fees, that the Company may incur or be required to pay as
a result of such claims.
The Company shall not be responsible for any mistakes in the User's information,
nor for any loss or theft of the User’s login credentials and/or private key by
the User, or any resulting misuse of the Anima.
Company’s responsibility
Responsibility for the information
The Company makes its best efforts to provide access to fair and accurate
content on the Platform, but does not guarantee its completeness. Therefore, the
User acknowledges and agrees that he/she must conduct personal research before
creating his/her Anima and inform himself/herself of the risks inherent to its
use.
Responsibility for the provision of the Service
Users accept the technological, economic and legal risks expressed in Section 4,
which are inherent in the provision of experimental technologies such as
Blockchain.
In accordance with the requirements of Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016 on the protection of individuals
with regard to the processing of personal data, the Company provides itself with
significant safeguards to ensure the security of the Users' data and to prevent
damage, distortion or unauthorised third parties from gaining access to the
Company's computer systems. However, the Company can only be held to an
obligation of means.
As such, Users acknowledge and agree that the Company shall not be liable in the
event of:
a security breach and resulting loss of data, if the Company is able to
demonstrate compliance with its security obligation;
technical difficulties related to the underlying Blockchain, in particular in
the event of congestion, malfunction, fork or any other technical problem;
harmful consequences related to the suspension or termination of the Service by
the Company, due to a change in the applicable legislation.
Responsibility for the Platform operation
The Company undertakes to perform its obligations with the care normally
expected of a professional in the same sector of activity and to respect the
professional practices in force. However, the Company can only be held to an
obligation of means.
The Service is provided “as is”, without any guarantee whatsoever. The Company
declines any liability and all obligation to compensate any person for losses or
damages caused by any User or a Third Party.
The Company does not guarantee continuous and uninterrupted access to the
Service. Therefore, it shall not be liable for any act or omission, failure to
perform, partial performance or delay in performance of its obligations in
connection with the damage or loss suffered directly or indirectly by the User
resulting from factors beyond the Company's reasonable control.
Users are informed that the Company may occasionally interrupt access to the
Platform and the Service :
to allow for repairs, maintenance operations or to improve some functionalities;
in case of suspected hacking attempt or any other risk of damage;
upon request or instruction from authorised persons or authorities.
The Company shall not be liable for any damages resulting from such suspensions.
Upon resumption of normal service, the Company will make reasonable efforts to
process ongoing requests as soon as possible.
In addition, the Company shall not be liable for any damages resulting from:
an unusual or illegal use of the Service;
a deliberate or grossly negligent breach of duty by a User or any fault on
his/her part;
breakdowns or malfunctions of the Platform or the Service that are not the
responsibility of the Company;
cyber attacks;
indirect damages that could result from the Service provided by the Company,
such as the action directed by a Third Party against a User, commercial
prejudice, loss of clientele, commercial disturbance, loss of earnings, loss of
data not attributable to the Company, loss of brand image suffered by a User or
a Third Party;
any case of force majeure as defined by Article 1218 of the French Civil Code or
any event beyond the Company's control, but also any measure taken or
legislation adopted by the French or foreign authorities.
Thus, the Company's liability may only be incurred if Users demonstrate that (i)
the Company acted in a wrongful and intentional manner and (ii) exclusively if
this conduct caused it certain, personal, direct and reasonably foreseeable
harm, unless otherwise provided by law or regulation.
Indemnification
In any case, subject to any legal provision providing for the contrary, in the
event that the Company's liability is retained, for whatever reason and whatever
the legal basis invoked or retained, all damages combined and cumulated, the
Company's liability shall be expressly limited and may not exceed five hundred
euros - €500,00.
The Company's liabilities are limited by these T&Cs only to the extent permitted
by applicable law. They do not limit the Company's liability for fraud, or for
damages due to the Company's negligence or willful misconduct.
Duration
The T&Cs are entered into for an indefinite term starting from the date of their
acceptance.
Amendment
In order to improve its operation and quality, the Company may change the
characteristics and features of the Service and the possibilities of using the
Anima.
The Company may unilaterally modify the T&Cs concerning the technical aspects of
the Platform as long as this does not result in any alteration of the quality of
the Service and the features to which the User has committed to the T&Cs.
Users will be informed of the modifications by any means (e.g. by email) within
10 days prior to the entry into force of the new version.
In case of substantial modification of the T&Cs, Users will be invited to accept
the new version on the Platform.
Suspension and termination
The execution of the T&Cs as well as the provision of the Service may be
interrupted at any time, temporarily or permanently, at the User's request or at
the Company's initiative.
Termination at the User's request
The User may at any time request the deletion of his Anima and the
identification data held by the Company by e-mail to privacy@synaps.io, without
having to give any reason.
Suspension or termination at the Company’s initiative
The Company may suspend or terminate the Service in the event of:
a legal or regulatory obligation, a court decision, an injunction or any
administrative request that justifies the immediate suspension of the Service;
interference that may cause damage or degradation of the Company's or a Third
Party's equipment;
the refusal by the User to provide the identification information requested by
the Company;
serious and/or repeated failure by the User to comply with one or more of the
provisions of the T&Cs;
fraudulent behaviour by the User, including infringement of the Company's
intellectual property rights or misuse of the Service for purposes other than
those set forth in the T&Cs;
termination of the Company's business or insolvency proceedings not closed
within ninety (90) days.
In such cases, the Company reserves the right to claim damages from the User.
Users affected by the suspension or termination will be notified of the measure
without delay and by any means.
Unless expressly agreed by the Company, a User whose Anima has been deleted by
the Company for the reasons set forth above shall not be permitted to create
another Anima. Any Anima created in violation of this provision may be
immediately deleted by the Company without notice.
Consequences
The deletion of the Anima, for whatever reason, shall not give rise to any
damages to the User.
The permanent deletion of the Anima will result in the irreversible deletion of
the User's data, except for data and information that the Company must retain in
order to meet its legal obligations.
Users should consult the various retention periods in the Company's Privacy
Policy.
Upon the date of termination, all of User's rights under these T&Cs shall
immediately terminate.
The User will no longer be able to use the Service as of the effective date of
termination. Verification operations initiated prior to the effective date of
termination shall not be affected by the termination request and shall be
performed in accordance with the terms of the T&Cs.
Intellectual property rights
The Platform and each of its components (such as trademarks, design, images,
animations, texts) are protected by intellectual property rights. Any use,
reproduction or representation of any of the elements of the Platform, in whole
or in part, is prohibited.
Users are granted a simple, non-exclusive and non-transferable licence to use,
for the legal duration of protection of intellectual property rights as defined
by French law, any downloadable content that the Company eventually makes
available to them, for the sole purpose of using the Service. Any reproduction
or representation in whole or in part of such content is prohibited.
Assistance
In case of need for technical or commercial support, the User may contact the
Company at any time at the following address: privacy@synaps.io.
The Company will be able to answer requests expressed in French and English.
Non-waiver
The fact that the Company does not at any time require the User to perform any
of its obligations under these T&Cs does not affect the Company's right to
require performance thereafter.
The invalidity of any provision of these T&Cs shall not affect the validity and
enforceability of the remaining provisions.
Governing Law and Jurisdiction
Governing law
The T&Cs are governed by and interpreted according to French laws, except French
conflict-of-law rules, unless, if you are a resident of the European Union,
consumer rules in your country contain more favourable provisions, in which case
such provisions apply.
Amicable resolution
In case of dispute, the User is invited to proceed amicably and to make a claim
to the Company by post at the following address:
Synaps Smart System SAS
9 Rue des Colonnes, 75002 Paris(France)
No action may be taken against the Company without a formal notice by registered
letter with acknowledgement of receipt having been sent to the Company
beforehand.
In the event of a dispute arising from the application of these T&Cs, and in the
absence of an amicable agreement, the User considered as a consumer within the
meaning of the introductory article of the French Consumer Code may refer the
matter to an independent mediator free of charge, without prejudice to any other
remedy. To do so, the User may contact the Medicys Center (Mediation and
Amicable Resolution Center of Judicial Officers):
By post:
Centre de médiation et de règlement amiable des huissiers de justice
73 Boulevard de Clichy, 75009 Paris (France)
By e-mail : contact@medicys.fr.
By phone: (+33) 1 49 70 15 93.
Jurisdiction
For professional Users, and in the absence of an amicable agreement, any dispute
arising from these T&Cs will be settled by the courts of the jurisdiction of the
Court of Appeal of Paris.
For Users who are consumers, the dispute will be settled by the competent court
under the conditions of common law.
CGU VERSIONS
PRIVACY POLICY CONTENT
COOKIES POLICY CONTENT



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