1. Preamble
The TRUSTME Mobile Application is published by A3BC Group, a société par actions simplifiée, with a capital of 718,503 euros, registered in the Trade and Companies Register of Paris under number 839 604 576, with registered office located at 15 rue La Fayette, 75009 Paris.
A3BC Group has developed the Application and the related services, available on mobile phones and digital tablets via its Mobile Application that can be downloaded from the Google Play apps stores.
You acknowledge that the use of the Application requires that you read and agree to these terms of use at the time of the first installation. You acknowledge that the use of the Application requires that you comply with all the provisions of these terms of use.
2. Definitions
In these general terms and conditions of use (“terms of use”) of the Application, terms beginning with a capital letter, whether used in the singular or plural, shall have the meaning given to them below:
- “Application” or “Mobile Application”: means the application proposed under the name TRUSTME published and provided by A3BC Group, giving access to the services, and which is available free of charge in Google’s Google Play Store, to be downloaded by Users on their Android terminal. The Application also includes the Content, software, programs, tools (such as programming tools, navigation tools), documentation and all other elements and services that make it up, updates and new versions that may be made in relation to the Application by A3BC Group.
- “Content”: includes, but is not limited to, the structure of the Application, editorial content, drawings, illustrations, images, photographs, graphic charters, trademarks, 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 comprising the Application.
- “Error”: means any reproducible and documented malfunction, defect, error or bug in the Application and in particular (i) any non-compliance with the functional and technical specifications defined by A3BC Group with the Application’s publisher (ii) any malfunction that, alone or combined with others, prohibits access to, or impacts the use of, all or part of the Application’s functionalities. Errors are classified as:
- “Critical Error”: means any Error that makes it impossible to use the main functionalities of the Application;
- “Non-Critical Error”: means any Error that does not prevent the full, continuous and uninterrupted operation of the main functionalities of the Application.
- Error does not include any defect caused by or resulting from any use of the Application that does not comply with the provisions of these terms of use.
- “Identifier”: means the User’s mobile phone number (“login”) in combination with a means of authentication such as a password or biometric element, allowing the User to access the TRUSTME Mobile Application, via a connection to a mobile network or the internet network.
- “Party”: means either the User or A3BC Group or both.
- “Personal Data”: means all data relating to a directly or indirectly identified or identifiable natural person within the meaning of the regulations in force applicable to the processing of personal data and in particular within the meaning of European Regulation 2016/979 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
- “User” or “you”: means a natural person accessing the Application on their mobile phone.
3. Purpose
The purpose of these terms of use is to set out the terms and conditions for accessing and using the Application.
4. Acceptance and enforceability of the terms of use
4.1 Acceptance
To use the Application, you must first agree to the terms of use. You acknowledge that you have obtained from A3BC Group all the necessary information about the services offered on the Application and fully accept these terms of use. By activating the validation button when you use the Application for the first time, you agree to the terms of use. Such activation constitutes proof that you have read the provisions of the terms of use and constitutes your acceptance of the terms of use.
4.2 Change
The terms of use may be changed or amended by A3BC Group at any time to reflect changes made to the Application. If the terms of use are changed, you will be notified of the new terms of use when you open the Application and you will have to accept them again. The terms of use linked from the Application shall prevail over any version printed at an earlier date.
5. Hardware compatibility
Before using the Application, you must check that your hardware is compatible with the Application. To date, the TRUSTME Application is compatible with the operating system Android 13 or later.
6. Accessing the Application
6.1 General access
Access to the Mobile Application is free of charge for any User with access to the internet or to a mobile network. All costs relating to the access, whether for hardware, software or internet access, are your sole responsibility. You are solely responsible for the proper functioning of your mobile equipment and internet access.
The service is available 24 hours a day, 7 days a week.
6.2 Availability of the Application
However, A3BC Group reserves the right, without notice or compensation, to temporarily or permanently close the access to Application or the access to one or more of its services for the purposes of performing operations such as updates, maintenance, modifications or changes to the operational procedures, servers, and access hours.
A3BC will not be liable for damage of any kind that may result from such changes and/or or from the temporary unavailability or permanent termination of all or part of the Application or one or more of its services.
A3BC Group reserves the right to enhance or modify the Application at any time according to technological developments.
In case of interruption or unavailability of the Application, you can contact A3BC Group’s support customer service for information: contact.trustme@a3bc.org.
6.3 Creation of an account by the User
Only natural persons who are an adult can create an account. The account activation process by a User includes the following steps:
- step 1: the User validates and agrees to the terms of use by checking the relevant box;
- step 2: the User fills in the registration form, including all the mandatory fields marked by an asterisk;
- step 3: the User is invited to enter a mobile phone number and to confirm it via a validation code that the User receives by SMS text message;
- step 4: the User is invited to choose a password that meets the security requirements or, if the User agrees, to provide a biometric fingerprint in accordance with the rules set by A3BC Group.
Users agree to only provide information about them that is complete, accurate and up-to-date.
6.4 Creation of a digital identity by the User
Users are informed that an identity check, carried out through an identity verification service provider, may be carried out by A3BC Group in the event that a User chooses to keep in their personal space proof of identity documents such as copies of national identity card, passport or residence permit.
If this identity check, the purpose of which is to validate the digital identity created by the User, reveals discrepancies with the personal information entered by the User in the Application, A3BC Group will inform the User so that they may become aware of these discrepancies and make the necessary changes in the Application. Where applicable, the contact form may be used if the discrepancies identified do not seem relevant.
6.5 Identifier and password
Access to the account requires an identifier. The password is strictly personal and:
- must comply with the requirements imposed by A3BC Group;
- must not under any circumstances be disclosed to a third party by the User.
It is expressly reminded that A3BC Group will never, for any reason, ask you to communicate your password and you must consider any request to do as a fraudulent request. A3BC Group reserves the right to change the technical requirements for identification and to substitute the password with any other technology it deems necessary. You may change your password at any time in the application. You are entirely responsible for the protection and use of your password. You must take all necessary steps to prevent unauthorized or fraudulent use of your account. To this end, you are recommended:
- to change your password regularly;
- not to use a password that you are already using for another service than the one proposed by A3BC Group.
You must log out of your session after each use.
If you notice or suspect any unauthorized or fraudulent use of your identifier and password or any breach of security, you must immediately report it to A3BC Group using the contact form in the application.
7. Application description
7.1 Application
The Application allows the User to store in a personal space documents and receipts of any kind such as copies of ID, driver’s license or invoices.
The documents are stored in A3BC Group’s secure shared space accessible on the cloud and can, if the User wishes, also be stored on their mobile phone (with the exception, however, of the fingerprint template of four fingers of one hand).
7.2 Related services
The Application allows capturing the image of four fingers of a User’s hand and calculating the fingerprint template of these four fingers.
8. Using the Application
8.1 License to use
A3BC Group or its assignees grants you a simple right to use the Application, updates and developments. The user license is intended for personal use and for use in accordance with these terms of use. The user license granted by A3BC Group to you is revocable, non-exclusive, non-transferable and worldwide. Consequently, you acknowledge that the Application, updates and developments are not sold and that you have no property rights therein.
The Application consists of a set of texts, interfaces, photographs, graphics, images, means of navigation, logotypes, designs, computer codes, musical works, software, fonts or any other element marked by intellectual property rights that A3BC Group or its assignees hold or that have been licensed to A3BC Group or its assignees in order to incorporate them into the Application directly and/or indirectly.
8.2 Use of the account by the User
Access to and use of the User’s account is strictly personal and is exclusively reserved for the User who holds the account. The account may not be shared with other persons under any circumstances. Until proven otherwise, any use of the account will be deemed to have been made by the User who must assume any consequences (including, without limitation, legal and financial consequences).The account is used under the sole and unique responsibility of the User. The account may include elements or information that other persons share with you, where such elements or information are necessary for the authentication of such persons for the purpose of conducting transactions with you. Conversely, you may share elements and information with third party users of the application, provided that you give your express prior consent to such sharing. These elements or information will be automatically deleted after a 24-hour period of sharing. When you enter information about yourself or upload a document or proof of identity, you undertake to ensure that these elements are complete, accurate, up-to-date and are expressly concerning you. If you access and use information on your account, you are informed that you are acting under your sole responsibility.
8.3 Right to use the documents stored by the Application
You agree that A3BC Group has a right to use all documents downloaded and stored on A3BC Group’s mobile application or cloud.
for the duration of the validity of your account, and for the sole purpose of third party access requests that would transit through the Application and after explicit validation by you.
The fingerprint template of four fingers of your hands can only be used after you give your express consent, which will be requested each time the template is likely to be used to authenticate you.
8.4 User’s obligations
You agree that you will use the Application only under the conditions stated in these terms of use and that:
- you must not divert the use of the Application for personal advertising or product sales;
- you must not commit any act of counterfeiting, reproduce, download, perform, or modify all or part of Application;
- you must not hinder or alter the functioning of the Application;
- you must not interfere with the proper functioning of the Application, and in particular not introduce viruses or any other technology harmful to the Application or the services offered therein.
You are solely responsible for your use of the Application and the related services. You undertake to use the Application fairly, in compliance with these terms of use, applicable laws and regulations, in particular laws relating to intellectual and industrial property.
A3BC Group reserves the right to suspend the use of the Application for any User who does not comply with these terms of use and to provide all necessary information to the competent law enforcement authorities.
You agree that you must not access the A3BC Group’s Application by any means other than by downloading its Application distributed by A3BC Group from legal platforms.
9. Intellectual property
9.1 A3BC Group’s elements
Nothing in these terms of use is intended to transfer any intellectual property rights whatsoever in the elements owned by A3BC Group.
The Application, trademarks, designs, models, images, texts, photos, logos, graphic charters, software and programs, databases, sounds, videos, domain names, design or any other element composing the Application, with the exception of third party elements such as defined below, are the exclusive property of A3BC Group and are protected by any intellectual or industrial property right recognized by the laws in force.
Any total or partial reproduction and/or representation of any of these rights without A3BC Group’s express authorization is forbidden and will constitute an infringement.
Accordingly, you agree that you must not act or conduct in any manner that may directly or indirectly infringe the intellectual property rights of A3BC Group.
9.2 Third party elements
Elements belonging to third parties, including, but not limited to, trademarks, logos, images, texts, and sounds, are the exclusive property of their author and are protected as such by copyright, trademark or any other rights recognized by applicable laws.
You must not directly or indirectly infringe the property rights of third parties, whose elements are on the application and must not use these elements in any way whatsoever.
You must respect all the rights of third parties, whose content is on the Application.
10. Links to other applications and websites
The Application may contain hyperlinks to third party applications and websites.
You are formally informed that the applications and websites you can access through hyperlinks do not belong to A3BC Group.
A3BC Group accepts no responsibility for the content of the information provided on such websites as a result of the activation of the hyperlinks and for the privacy policy of such websites. You may not hold A3BC Group liable in the event of loss or damage of any kind resulting from the activation of these hyperlinks.
11. A3BC Group’s liability
A3BC Group may be held liable for any direct and foreseeable damage caused by the proper use of the Application. Liability for indirect damage shall be excluded. Indirect damage includes, but are not limited to, loss of data, loss of time, lost profits, loss of turnover, loss of margins, loss of orders, loss of customers, operating loss, loss of revenues, loss of business actions, as well as harm to brand image, loss of expected results, damage suffered by Users and third party action, even if A3BC Group has been advised of the possibility of such damage.
A3BC Group shall not be liable for:
- the quality of the service, as the service is offered “as is”;
- any disruption to the use of the Application;
- any impossibility of using the Application;
- any disruption to the use of the Application due to maintenance operations, incidents or problems related to its ability to support the systems required to use the service, as A3BC Group’s obligation is a best effort obligation to perform its services within the meaning of French law;
- any computer security breaches, which may cause damage to Users’ hardware;
- any impossibility of accessing the Application arising out of or in connection with the destruction of hardware, computer attacks or hacking, the temporary or permanent restriction, removal of or ban on access to the internet network for any reason whatsoever, including breakdowns or unavailability inherent in the hosting servers;
- the impossibility for the User to access their account, due to the deletion or suspension of their account by the company, for any reason whatsoever;
- any malfunction, access unavailability, misuse, improper configuration of the User’s mobile phone, or use of by the User of a browser or operating system that is not widely used;
- the consequences of any access not authorized by the User to documents on the mobile phone, for example following the theft or loss of the said phone;
- the infringement of User rights in general.
12. Personal data
In accordance with the regulations concerning the protection of personal data, you are informed that A3BC Group processes personal data as a controller.
To learn more about processing of personal data and the extent of your rights, please read the Privacy Policy.
As part of the management of Users’ personal data, A3BC Group records the User’s actions performed exclusively in the Application for the purposes of maintenance and incident management of the Application, such as the handling and correction of Errors.
Regarding the collection of the fingerprint template of four fingers of the User’s hands, as this data is considered as biometric data within the meaning of Article 4(14) of the General Data Protection Regulation (“GDPR”), a specific consent is required from the User when collecting and using this data for authentication purposes.
To learn more about this data processing and how to withdraw consent at any time, please read the Privacy Policy.
13. Security
A3BC Group uses its best efforts in accordance with the rules of the art to secure the service considering the complexity of the internet. It cannot ensure absolute security.
You represent that you agree to the characteristics and limitations of the internet.
You are aware of the nature of the internet network, and in particular of its technical performance and response times for consulting, searching or transferring data and information.
You must inform A3BC Group of any service failure.
You are aware that data circulating on the internet is not necessarily protected, particularly against possible misuse.
You agree to take all appropriate measures to protect your own content, data and/or software from contamination by possible viruses on the internet network.
14. Miscellaneous
14.1 Good faith
The Parties shall perform their obligations with utmost good faith.
14.2 Waiver
The Parties mutually agree that any tolerance of a situation by a Party shall not grant the other Party any rights in that respect.
Moreover, such a tolerance shall not be construed as a waiver of the rights in question.
14.3 Headings
In the case of a difficulty of interpretation between one or more of the headings at the beginning of the clauses and the content of any of the clauses, the headings shall be declared non-existent.
14.4 Severability
If one or several provisions of these terms of use were to be held invalid or so declared by a law, a regulation or a final decision having res judicata effect delivered by a court having proper jurisdiction, the other provisions shall remain in full force and effect.
14.5 Entire agreement
These terms of use constitute the entire agreement between the Parties.
14.6 Evidence — Notices
All notices or communications between you and A3BC Group may be made by any electronic means. As a result, you acknowledge that you are fully aware that A3BC Group may communicate to you information by any electronic and paperless means that may be directly or indirectly linked to your account.
The terms of use are archived on a reliable and durable medium that may be used as evidence.
14.7 Language
The terms of use are written in French language.
15. Governing law
Unless otherwise provided by mandatory law, these terms of use shall be governed by the laws of France.
French law shall apply to both form and substance, notwithstanding the place of performance of the essential or ancillary obligations.
UNLESS OTHERWISE PROVIDED BY MANDATORY LAW, ANY DISPUTE NOT RESOLVED BY AN AMICABLE PROCEDURE ARISING BETWEEN THE USER AND A3BC GROUP SHALL BE SUBJECT TO THE COMPETENT COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF PARIS (FRANCE).
A3BC Group’s Terms of Use, updated version: 01 04 2022.
