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Submitted URL: https://terms.anima.io/
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Effective URL: https://synaps-workspace.notion.site/ANIMA-IO-Synaps-Smart-System-dc430642cc324ef9876b06e89c3004f2
Submission: On January 24 via automatic, source certstream-suspicious — Scanned from DE
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ANIMA.IO (Synaps Smart System) Suchen Duplizieren Notion testen 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 Notion verwendet Cookies. Weitere Informationen findest du unter Hinweis zu Cookies . Alle akzeptieren