Terms and conditions

Preamble

These Terms of Use apply to the Service called My Little Testament and its variations in various languages (Mon Petit Testament (FR), Mi Pequeño Testamento (ES), Mio Piccolo Testamento (IT), Mein Kleines Testament (DE), Meu Pequeno Testamento (PT),...).

This translation is provided for information purposes only. In the event of any discrepancy between the French text and this translation, the French version shall prevail.

They define the rights and obligations of the parties in the use of the Service. They are concluded between the company Mon Petit Testament (hereinafter also "we", "us", "our") and any person having the quality of User (hereinafter also "you", "your", "your").

The Service allows Users a way to share their last wishes – exclusive of financial and / or patrimonial provisions - in a simple, safe and informal way. In no case, the instructions that are issued via the Service have any testamentary power as defined in the applicable law.

Definition of terms

Contract: agreement between the parties and defined by these Terms of Use.

Service: all the features that allow the transmission of the last wishes of a Depositary to a Trustee.

User: A person who has an account to connect to the Service to act either as a Depositary or as a Trustee.

Account: all information entered by the User in the Service (e-mail addresses, last name, first name, date of birth, profile picture, Instructions, Trustees).

Main e-mail: the e-mail address ufcsed to connect into the user's account.

Secondary e-mail: additional address, associated with the account of the user, on which he can receive invitations as on his Main e-mail.

Depositary: User who lists his Instructions and chooses Trustees in the Service.

Instructions: all the wills left by a Depositary to his Trustees.

Trustee: person invited by the Depositary to consult his folder by sending an invitation e-mail. The Trustee must be a User to be able to accept the invitation and thus consult the Instructions. The personal data of the Trustee (the name given to him and his e-mail) are visible to other Trustees only from the moment he accepted the Invitation.

Published folder: set of instructions and personal information published on the Internet (accessible without authentication). The Depositary can choose to publish or not to publish its folder; then this choice is made element by element (identity, profile picture, wishes). The "Trustees" part is not publishable.

Idle Timeout: the dureation that a user has not logged in or clicked on any of the links sent to them by the Service.

Idle Account: Account with an inactivity period of more than 4 years and 6 month.

Forgotten Account: Account with an inactivity period of more than 5 years.

Free Services: are the parts of the Service that are accessible to all users.

Paid Services: are the parts of the Service that are made available only to users who have paid for a service purchase

Contract

Service registration

Registration for the Service is free. The equipment (hardware or software) necessary to access the Service and all other related costs, including telecommunication costs are the sole responsibility of the User.

The web surfer who wishes to become a User must have a permanent e-mail address to connect to the Service. The User must ensure the good security of the identifiers allowing access to this mailbox because by bouncing, access to this mailbox can give access to the Service.

The User must be at least 18 years old to use the Service and he undertakes to use his real names and date of birth.

By registering, the User accepts the entirety of these Terms of Use and the Policy of protection of personal data.

If he does not accept them, the user must not tick the box "I accept the Terms and conditions"; he will not be able to register and will not become a User of the service.

Service modifications

We can change the Service at any time. In case of substantial changes, we will inform the User by e-mail of the nature of the changes.

Terms and conditions modifications

We may at any time make changes to the Terms and conditions. In case of substantial changes, we will inform the User of the nature of these in order to give him the opportunity to examine them before they take effect.

The changes can not be retroactive.

If the User objects to any of the changes, he may close his account by going to "My Account". Continuing to use the Service after being notified of changes to these terms and conditions constitutes acceptance of them.

End of contract

At the initiative of the user

The User may terminate the contract binding him to us at any time by closing his account (My account → Delete my account). Access to the Service will be closed and all account data will be permanently deleted.

At our initiative

We reserve the right to suspend or terminate access to the Service if the User does not comply with these Terms of Use. We would send a notice on the User's Primary e-mail to enable him to correct the situation that would have prompted us to contact him. If the situation does not change, we will suspend or terminate the Account within 4 weeks of the notice period.

During this period, the User could export his data in order to keep them.

In case of cessation of activity of the company: the Users will be informed of the situation of cessation of activity of the company which entails de facto an impossibility to preserve the collected data. All data will be permanently deleted within 4 weeks from the notice.

Automatic deletion

An Iddle Account will result in e-mail notifications to the User. If the account changes to Forgotten Account status, it will be deleted.

Description of the Service

Object of the Service

The Service is offered to Internet users for strictly personal, private and non-collective use. Freely for the Free Services, after payment for the Pay Services.

The Service allows Users a way to share their last wishes – exclusive of financial and / or patrimonial provisions - in a simple, safe and informal way. In no case, the instructions that are issued via the Service have any testamentary power as defined in the applicable law.

Free service funded by advertising

The Service is funded by advertising revenues. This advertising revenue is needed to provide everyone with free access to the Service. Therefore, the User accepts the display of advertising on the Site.

Paid Service

The Premium Access subscription adds the following services:

➜  possibility of adding wishes

Premium access has a duration of 5 years. The User will be notified from 6 months before the expiry of the end of his premium access. At expiry, premium services will be withdrawn from the account and the corresponding data will be permanently deleted.

At the end of the right of withdrawal (14 days), the order is considered irrevocable.

Responsabilities

Your responsability

You agree to use the Service in accordance with applicable national and international laws and regulations.

The Service must be used responsibly. You must not :

- probe, analyze or test the vulnerability of our system,

- disrupt the Service regardless of the technique used (denial of service, sending viruses, sending spam, creating bulk accounts),

- attempt to access data that is not intended for you (for example by attempting to impersonate a third party, or by attempting by any technical means to break or bypass security and authentication measures),

- to communicate by any means by believing that the information emanates from us (for example by using methods of usurpation or "phishing"),

- create false identities for the purpose of deceiving others,

- as a Depositary, invite as a Trustee persons whom you would not know personally, or who would not be in charge of taking charge of your instructions,

- as a Depositary, keep a Trustee who would have told you of his wish not to be your Trustee,

- violate the law in any way, including storing, publishing or sharing fraudulent, defamatory or deceptive material,

- infringe the privacy or rights of others; in particular, the documents loadable in the wills can be protected by the rights of intellectual property of others. Therefore, the Depositary will have to ensure that it has the required rights to upload a document into the Service; and the Trustee having access to documents made available by a Depositary must ensure that he has the necessary rights to exploit them.

You are responsible for maintaining the confidentiality of the login credentials you use to register for the Service. You are solely responsible for all activities occurring with these identifiers.

In order to limit the risks of usurpation and to ensure optimal functioning of the communication between you and us, we recommend that you:

- log out of your Account at the end of each session (by clicking on the logout icon,

- do not divulge your password,

- use as your Main e-mail a strictly personal address,

- ensure that we can easily contact you using your Main e-mail (regular check of this box, checking that the e-mails sent are not considered spam)

If you think someone has had access to your Account, change your password immediately. Because the security of the account is based on the security of the Main e-mail box, you are responsible for maintaining the confidentiality of the credentials to access this box.

Our responsability

We assume no responsibility for content published or received through our service. In no event will our responsibility be liable for damages caused by, origin, or foundation, the use of the Service.

We assume no responsibility for fraudulent access to your account (poor protection of your credentials, spoofing of access to your Main e-mail box, ...)

We are implementing a state-of-the-art security policy and are committed to maintaining it. We strive to ensure long-term data storage and optimal access to data. However, the User acknowledges that the characteristics and constraints of the Internet do not guarantee absolute security or seamless availability on the Internet. Therefore, our responsibility can not be engaged if the Service was suspended or interrupted because of an unavoidable and unforeseeable cause or a case of force majeure.

Applicable law

These Terms and Conditions are governed by French law. All disputes relating to the interpretation and / or execution of this contract will be brought before the competent Courts of Paris.