Terms and Conditions of Use and Sale
Last update: January 20, 2023
These General Terms and Conditions of Use and Sale (hereinafter: "GTCS" or "GTCU") apply to the use of the "SOLAL TECH" web platform, allowing its users to organize the management of their digital assets after their death, in particular by designating beneficiaries of these assets, and a "guardian" in charge of the execution of their last "digital" wishes.
In these Terms and Conditions each of the expressions mentioned below shall have the meaning given in its definition, namely:
- Premium Subscription: service offering all the features of the Platform, for an annual fee;
- Digital Asset: any type of intangible asset or digital tool, owned or used by the Tester, and likely to be listed on the Platform; such as, but not limited to: crypto-currency wallets, social network accounts, email accounts, cloud hosting service accounts, as well as all the documents that can be hosted on them, streaming service accounts (e.g., Youtube accounts), whether they are commercially exploited, monetized, or used for free,
- Mixed Digital Asset: Asset subject to the legislation on personal data, but likely to be monetized (e.g. monetized Youtube channel of an influencer);
- Non-Valuable Digital Asset: An asset that has no monetary value and is not susceptible to commercial exploitation (e.g. email account, non-monetized personal blog), and whose use is subject to the legislation on personal data as containing personal data;
- Valuable Digital Asset: An asset with a definite or determinable monetary value (e.g., a portfolio of bitcoins), or with the potential for commercial exploitation (e.g., an unpublished musical work);
- Beneficiary: natural or legal person designated by the Testator to receive the ownership or management of one or more Digital Assets;
- Content: documents, files, information of any kind (text, audio, audiovisual, image, etc.), published by the User or by SOLAL TECH on the Platform;
- Digital Will Document: a document drafted by the Testator, the purpose of which is to (i) give general or specific instructions for the exercise of his/her rights relating to his/her personal data, under the conditions provided for in articles 84 and 85 of the law of January 6, 1978; and/or (ii) designate one or more Beneficiaries to whom the ownership or management of one or more Digital Assets will be conferred. The Digital Will Document is registered on the Platform and can, with the intervention of a Notary Partner, be registered in the Fichier Central Des Dernières Volontés (FCDDV).
- Storage Space: the User's personal space, in which he/she can host and store all forms of Data, whether personal or not, by subscribing to an additional option;
- Custodian: physical person designated by the Testator to ensure the proper execution of his digital wishes and to allow the Testator to recover access to his safe in case of loss of his identifiers or encryption key;
- Update: a new version of the Platform, either to correct observed Anomalies (Corrective Updates), or to improve its functionalities (Functional Updates).
- Partner Notary: a notary, regularly registered with a regional chamber of notaries, and not subject to a suspension or prohibition of practice, referenced on the Platform to assist the User in his or her procedures, in particular to register the Digital Will Document and follow the settlement of his or her digital estate;
- Platform: online service "SOLAL TECH", accessible on the website solaltech.fr, or any other domain name operated by SOLAL TECH;
- Service: supply of the different services of the Platform to the User, in return for opening a free or paying User Account, under the conditions provided for in the present CGUV;
- SOLAL TECH: SAS SOLAL TECH, registered in the Chambéry Trade and Companies Register under the number RCS 901455030, whose head office is at 19 bd de la Mer Caspienne, 73370 LE BOURGET DU LAC,
- Testator: a natural person who has opened a User Account, with the aim of organizing the management of his/her Digital Assets after his/her death;
- Will: written document containing, in one of the forms legally provided for by the Civil Code, the Digital Wills expressed by the Testator.
- User: natural person using the Service, whether free of charge or for a fee, and regardless of his capacity (Testator, Guardian). Unless otherwise specified in this document, the User will be referred to, by default, as the Testator;
- Digital Wishes (or "Wishes"): last wishes expressed by the Testator concerning the ownership and/or management of his Digital Assets;
Article 2. Acceptance of the General Conditions
These GTC are accessible at any time on the Platform.
The opening of a User account is subject to the acceptance by the User, without limitation or reservation, of these TOS.
Article 3. Services
The purpose of the SOLAL TECH Platform is to enable its Users to secure the transmission of their Digital Assets after their death. In particular, it allows :
- Map all their Digital Assets;
- To record the list of these Digital Assets, and to store the access identifiers to these Digital Assets on the Platform, either directly or with the help of a password manager integrated into its browser;
- To designate one or more Beneficiaries who will be bequeathed the ownership, or entrusted with the management of one or more Digital Assets; and this through a Digital Will Document,
- To appoint a Guardian, responsible for ensuring the proper execution of the Digital Will Document drafted by the Testator User; and to allow the latter to recover access to his safe in the event of loss of his identifiers or encryption key
- To benefit from the assistance and/or the intervention of a Notary Partner, to ensure the validity of the Digital Will Document, its registration in the Fichiers Central Des Dernières Volontés (FCDDV), or the settlement of its digital succession;
Some of these features are only available to Users who have subscribed to the Premium Service.
This list of services is not exhaustive and may be reviewed, supplemented or modified at any time by SOLAL TECH, which the User expressly acknowledges, as long as the main features of the Platform described above remain. Any change that has an impact on the financial conditions of use will be validated in advance by the User.
Article 4. Access to the Service
4.1 Creation of the User Account
To access the Platform's features, the User must create a User Account.
To create his Account, the User will communicate the following data: name, first name, email address (login), cell phone number. The User must also choose a password. In case of subscription to a Premium Membership, the User's full postal address must be provided for billing purposes. Other optional data can be provided by the User (date of birth, gender, etc.). Mandatory data are marked with an asterisk.
The login (email) and password are confidential and non-transferable, the User agrees not to communicate them to third parties and to ensure their confidentiality. The password can be changed by the User in his User Account on the Platform.
SOLAL TECH cannot be held responsible for any direct or indirect damage suffered by the User or by third parties, resulting from fraudulent access to the User's personal space following disclosure of his identification details or failure to secure the User's Terminal.
The User undertakes to provide accurate and sincere information on his situation, as well as to regularly check the data concerning him, and to proceed online, on his User Account, if necessary to the necessary modifications.
Insofar as the domicile of the User determines the applicable law in matters of inheritance, and as the Service has been designed in consideration of French legislation, the Service is for the time being only accessible to Users domiciled on French territory.
4.2 Access to the Platform
In order to access the Service, the User must proceed to a double authentication:
- By his User Account identifiers, and
- Confirmed by a code sent to his email address or cell phone.
The purpose of this double authentication is to ensure optimal security of the User's Account and Data.
4.3 Accessible features
The creation of a free User Account allows access to the "basic" features of the Platform, as indicated on the Platform. By default, and unless otherwise indicated on the Platform, these features include the mapping of Digital Assets and the designation of a single Beneficiary for all of these Digital Assets.
Article 5. Premium subscription
5.1 Subscription to the Subscription
To benefit from features not included in the free Platform, the User must subscribe to a premium subscription to the Service from SOLAL TECH.
In order to subscribe to the Subscription, the User must :
- Create a User Account, and provide a complete mailing address (for billing);
- Provide an authorized means of payment, either a valid credit card number or a Paypal account number;
The User acknowledges that he/she has the required capacity to subscribe to the Subscription, which is reserved for Users of legal age.
The Subscription is taken out on the Platform, in return for payment of an annual fee, payable in advance at the time of subscription and at each renewal of the Subscription.
In accordance with the legal provisions, a summary of the order is displayed, before the subscription, mentioning the subscribed Service and its price including VAT.
The User then has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is the User's responsibility to verify the accuracy of the order and to report or correct any errors immediately.
The Order is final only after :
- sending the User the order confirmation by SOLAL TECH by e-mail, which will be sent without delay and
- The collection by SOLAL TECH of the full price, by debiting the credit card of the User.
SOLAL TECH reserves the right to refuse any order from a User with whom there is a dispute over payment of a previous order.
Any order placed, validated by the User and confirmed by SOLAL TECH, under the conditions and according to the terms described above constitutes the formation of a contract between the User and SOLAL TECH.
Unless proven otherwise, the data recorded in the computer system of SOLAL TECH constitute proof of all transactions concluded with the User.
5.2 Duration of the Service and termination
The Subscription is taken out for a period of twelve months, which may be preceded by a free trial period.
- Trial period
If the User subscribes to the Service from the link contained in the email sent by a Partner Notary, the User will then benefit from a free one-year trial period, during which he/she will be able to test all the features of the Platform, provided that he/she opens a User Account in accordance with the terms and conditions indicated in article 4 . At the end of this trial period, the Subscription will become payable, and its amount will be deducted from the User's credit card, unless the User cancels it before the end of the trial period (which he can do at any time by closing his Account).
- Paid subscription
The Subscription is concluded for a period of 12 months (from date to date), and will be renewed tacitly at the end of each annual period, for an identical period of 12 months, unless terminated by the User at least 24 hours before the end of the current annual period, which must be done from the User Account, or by email sent to SOLAL TECH
In accordance with Article L. 215-1 of the Consumer Code, SOLAL TECH will inform the User 2 months before the expiration date of the Subscription of the possibility to terminate it, and will remind him/her of the terms of termination.
5.3 Subscription Price
The Subscription is subscribed in exchange for the payment of an annual fee, the amount of which is indicated and updated on the Platform.
Subscription to the Service is payable in advance, on the first day of the annual period, by debiting the User's bank card, registered when subscribing to the Subscription, it being specified that all bank charges (including rejection) levied by a financial intermediary or paid by SOLAL TECH will be rebilled to the User. The annual invoice will be issued after actual payment of the Subscription.
The User can also subscribe to paying options, in particular to benefit from a personal storage space. This option is invoiced annually, according to the storage space used. If the storage space chosen by the User is exceeded during the annual period, the billing will be automatically adjusted to the next higher level, and applied from the following calendar month, on a pro rata basis until the end of the Subscription.
5.4 No right of withdrawal
In accordance with Article L.221-18 of the Consumer Code, " the consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25.
However, in accordance with Article L.221-28 1°) of the same code, the right of withdrawal cannot be exercised for contracts:
1° The supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express agreement and express waiver of his right of withdrawal;
According to article L.221-25 of the same code:
If the consumer wishes the performance of a service or contract mentioned in the first paragraph of Article L. 221-4 to begin before the end of the withdrawal period mentioned in Article L. 221-18, the trader shall receive his express request by any means for contracts concluded at a distance and on paper or on a durable medium for contracts concluded off-premises.
A consumer who has exercised his right of withdrawal from a contract for the provision of services or from a contract mentioned in the first paragraph of Article L. 221-4, the performance of which has begun, at his express request, before the end of the withdrawal period, shall pay the trader an amount corresponding to the service provided up to the time of communication of his decision to withdraw; this amount shall be proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount shall be calculated on the basis of the market value of what has been provided.
No sum is due by the consumer who has exercised his right of withdrawal if his express request has not been received in accordance with the first paragraph or if the trader has not complied with the information obligation provided for in 4° of Article L. 221-5.
Thus, in application of the above-mentioned provisions, in order to benefit immediately from the Service subscribed to as part of the Subscription, the User must click on the "ad hoc" box, by which he/she declares that he/she is requesting the early execution of the Service, and expressly waives his/her right of withdrawal. Otherwise, the functionalities provided for in the Subscription will be inaccessible.
If however, and notwithstanding this waiver, the User wishes to exercise his right of withdrawal, he must, within 14 days of the subscription of the Service :
- Or send a letter to SOLAL TECH, at the address of its headquarters, informing him of his desire to exercise his right of withdrawal;
- Or send an email to SOLAL TECH at the following address: firstname.lastname@example.org stating unambiguously his desire to exercise his right of withdrawal on the Service subscribed,
- Or fill in the standard withdrawal form on his User Account. In this case, an acknowledgement of receipt of the withdrawal will be sent immediately by e-mail.
The User will then be reimbursed for the full amount of his Subscription, within 14 days of receiving his decision to withdraw.
This right of withdrawal is not applicable if the User has benefited from a trial period after subscribing to the Subscription, allowing him to evaluate the benefit of the Service, and to terminate it at any time during this trial period.
5.5 Termination of the Subscription by SOLAL TECH
SOLAL TECH has the right to terminate and / or suspend the Subscription of the User:
- In case of non-payment of the Subscription by the User ;
Except in the case of a serious breach of contract, termination will only take place at the end of a period of 30 days from the date of the formal notice sent to the User via the Platform, which has remained unsuccessful, notifying the User of the breach of contract.
Termination will result in the immediate deactivation of the User Account by SOLAL TECH, without the latter being able to claim any compensation, and without prejudice to the right of SOLAL TECH to seek compensation for its loss.
5.6 Recovery of Data in the Event of Termination
In the event of termination of the Subscription, for whatever reason, the User may request a copy of his or her Data for a period of thirty (30) days from the effective date of termination of the Subscription. The User may obtain a copy of all of the Data in his Account, and those he has entered during his use of the Service (Digital Will, Beneficiaries, Custodian), as well as the Data hosted on his Storage Space.
The Account Data and Service Usage Data will be provided in a common office format (.csv type), and machine readable, for compatibility purposes. The Data of the Storage Space will be restored to him in their original format, via a copy functionality integrated into the Service.
Article 6. Inventory of Digital Assets
6.1 Digital Assets eligible for the Service
In order to take full advantage of the features of the Service, the User is invited to list all of his Digital Assets on the Platform, namely
- its crypto-currency wallets,
- its social network accounts (Facebook, Instagram, Twitter, etc.)
- his personal blogs,
- personal email accounts,
- its cloud hosting services accounts and all data that may be hosted on them,
- his photos in digital format,
- its streaming services accounts (e.g. Youtube accounts),
- the data contained on his personal computer,
- its physical digital tools (smartphone, personal computer, etc.)
The above list is not exhaustive, as any data in digital format belonging to the User can, in principle, be processed on the Platform.
6.2 Excluded Digital Assets
The User may not list and use the Service for Digital Assets that do not belong to the User, or for which the User does not have the right to use.
For example, he cannot bequeath or entrust the management of his spouse's Facebook account, or the email address of his child over 15 years old, even if he knows the login details.
In addition, he/she cannot register Digital Assets of a professional nature (e.g. professional email address, company domain name), belonging to an autonomous legal entity, even if he/she is its manager or sole partner.
6.3 Census procedures
In order to proceed with the census of these Assets, the User can upload a document containing the list of these Assets, as well as their access identifiers.
The User is solely responsible for keeping these Assets up to date, and in particular their access identifiers: it is the User's responsibility to update them each time there is a change, so that the Keeper can access them.
To this end, he/she may use the "Solal" browser extension, which will allow him/her to automatically save any new password or update of an existing password in his/her Solal Account.
Article 7. Expression of Digital Wishes
7.1 Expressing Wishes for Surveyed Assets
For each Asset listed (or for all of them, if he/she has chosen the free formula), the User will be able to express a Wish, such as:
- transfer of the Asset to a designated Beneficiary: the User may choose between direct transfer to the Beneficiary (e.g. for Valuable Assets), or through the Custodian.
- the management of this Asset, according to specific directives (such as, for example: closing my account, recovering all my data)
The User may at any time modify his Wishes from the Platform for each Asset.
If the User has subscribed to the free Service, he/she may only express general Wishes ("general directives" in the sense of the law), valid for all of his/her Digital Assets.
7.2 Digital Policy Document
Once the User has designated a Custodian, as well as Beneficiaries for each Digital Asset listed on the Platform, he/she will be able to generate a Digital Will Document containing all this information in a synthetic format, as well as a model Will, containing this information.
This document is only a model and does not have the value of a Will, as long as it is not transcribed in one of the legally accepted forms of will. It can however be used as a basis for the drafting of a holographic (or other) will, with the assistance of a Partner Notary, which it will be up to the User to register with the Notary, with a view to its referencing in the Fichier Central Des Dernières Volontés Numériques (FCDDV).
The Digital Will Document can be analyzed, with respect to Non-Valuable or Mixed Digital Assets, as a collection of "general directives" (if the Wishes are expressed for all of the Assets concerned), or "particular directives" (if the Wishes are expressed for each Asset concerned) within the meaning of article 85.I of law n°78-17 of January 6, 1978. In this respect, it has full legal value, without necessarily being reiterated before a notary. The execution of these instructions will be entrusted to the Custodian designated by the User.
The Digital Will Document will have to be generated again by the User, from the Platform, each time information related to a Digital Asset is added, modified or updated (such as modification of a Beneficiary or Custodian).
7.3 Assistance from SOLAL TECH (Special Instructions)
In accordance with Article 85.I of the French law of January 6, 1978, the Wishes expressed by the User must, if they fall under "specific directives", be collected by the data processors during the User's lifetime. For example, a User's wish to have his or her Facebook account closed upon death must be transmitted to Facebook before his or her death, and be the subject of explicit consent. Only then will the Guardian be able to intervene to enforce these advance directives.
At the request of the User, SOLAL TECH can undertake, in his name and on his behalf, under a free mandate, to register and transmit these advance directives to the service providers concerned. SOLAL TECH will act under an obligation of means, and will report to the User the result of its efforts and any difficulties encountered. The User will give full access to the identifiers of its accounts, solely for the purpose of carrying out SOLAL TECH's mission. These identifiers will not be retained by SOLAL TECH, once the mission is completed. If necessary, the User must then personally take steps to register his particular instructions with the providers concerned.
Article 8. Beneficiaries
7.1 Designation of Beneficiaries
The User may, for each Digital Asset, designate a Beneficiary.
The Beneficiary may be any natural person of legal age, who has full capacity to exercise and enjoy the rights of use, or any legal entity of his/her choice. The User may thus designate a close relative, family member or friend, or any other person, such as a non-profit association. e.
The Beneficiary is designated by the User directly on the Platform. His designation is included in the Digital Will Document, listing the User's Digital Assets and the associated Beneficiaries, automatically generated by the User from the Platform. The Beneficiary can be revoked and modified at any time, and without reason, by the User.
7.2 Rights of the Recipient
The Beneficiary's prerogatives vary according to the nature of the Digital Asset:
- For Valuable Digital Assets:
The Beneficiary shall become the exclusive owner of the Bitcoins, unless otherwise stipulated in the Digital Voluntary Document. Thus, for example, the Beneficiary may freely dispose of a bitcoin wallet, and carry out virtual transactions, or continue to feed this wallet which will be transferred to him.
As an exception, Non-Valuable Assets that can be qualified as "family heirlooms" may be bequeathed or passed on to a Beneficiary, subject to legal validation by the Notary Partner.
- For Non-Valuable Digital Assets:
The Beneficiary is invested with the personal rights of the Testator, under the legislation on personal data; and this in application of article 85.I of the law of January 6, 1978.
The Testator will be able to issue :
- Or directives applicable to the management of all these Assets, which will then be considered as "general directives" within the meaning of the law of January 6, 1978;
- Or specific directives for the management of such and such an Asset, which the Beneficiary shall be responsible for implementing or having implemented, and which shall then be considered as "specific directives" within the meaning of the law;
These guidelines will be set forth in the Digital Will Document, or directly on the Platform, for each Digital Asset.
- For Mixed Digital Assets:
The Beneficiary shall have both the prerogatives of the Valuable Assets and the rights relating to the personal data of the Testator.
As an example, the Beneficiary of an Instagram account of a User exercising the function of influencer will be able to inform its subscribers of the death of the User, and to place the account in "commemoration" mode; while continuing to receive the income related to the monetization of the contents, if the platform allows it.
In any case, the Beneficiary does not have access to the Digital Assets of the User until the death of the User.
7.3 Responsibility of the Testator
The expression of the Testator's Digital Wishes is part of a personal and legal environment that the Testator must take into account.
Thus, it is the responsibility of the Test User to ensure in particular:
- That the designation of these Beneficiaries is compatible with the legal rules applicable to inheritance, and in particular that they do not infringe on the inheritance reserve of his heirs, if any,
- That he has the necessary rights to bequeath a Valuable Digital Asset;
- That the designation of the Beneficiary does not prejudice the moral or economic rights of his heirs, in the case of Assets protected by copyright;
- That the implementation of its general or particular directives does not come up against a significant legal or technical obstacle, which would deprive the Beneficiary of its enjoyment; or that it does not infringe the rights of third parties on their personal data;
- That, as far as the particular directives are concerned, he has addressed them to the data processors, managers of the online services (e.g. Facebook, Twitter), and designated the same Beneficiary as the one designated in the Platform;
In order to ensure that his Digital Wishes are in conformity with the legislation in force, and that they can be implemented without difficulties, the User is asked to use the services of a Notary Partner (or any other legal professional) to validate the Digital Wishes Document, as well as the general or particular directives that he could issue in this document.
SOLAL TECH does not provide any legal advice, and cannot be held liable in the event of legal non-compliance or inapplicability of the Testator's Digital Wills. Consequently, SOLAL TECH cannot be held responsible for the inadequacy or non-compliance of the Testator's Digital Wills with applicable law, particularly in terms of inheritance law, intellectual property law, personal data law and any disputes that may arise.
Article 9. Guardian
In order to ensure that his or her Digital Wishes are respected and that his or her instructions are properly carried out, the Testator is asked to designate a Guardian.
9.1 Duties of the Custodian
The Guardian's mission is similar to that of an executor: it is responsible for ensuring that the Testator's Digital Assets are bequeathed or entrusted to the Beneficiaries under the conditions set forth in the Digital Will Document.
In this respect, it may in particular assist the Beneficiary in his relations with the managers of digital services or social network platforms, to ensure that they can recover the management of the accounts, or have the Digital Wishes of the Testator executed.
The Custodian may also have the task of personally executing the Testator's general or particular directives, in accordance with Article 85.I 8th paragraph of the law of January 6, 1978.
In this respect, he/she may benefit from SOLAL TECH's assistance in implementing these guidelines.
The Custodian shall work closely with the Partner Notary chosen by the Testator, and who has registered the Digital Will Document with the CDCF. If the Partner Notary is no longer registered on the Platform, he/she should contact the notary in charge of the Testator's estate.
The Custodian undertakes to provide SOLAL TECH with any evidence of the proper performance of its mission, such as: emails from digital services contacted, screenshots, etc.
The Custodian undertakes to report to SOLAL TECH every three months on his mission, and to make his best efforts to carry out his mission within a maximum of 12 months from the death of the Testator.
9.2 Designation of the Custodian
The Testator may designate only one Custodian for all of his Digital Assets. This guardian may be any natural person of the Testator's entourage, friend or family member, to the exclusion of a legal entity.
The Custodian is designated on the Platform by the Tester, who must provide: his/her surname, first name, date of birth, postal address, email address and cell phone number.
SOLAL TECH will then inform the Guardian of his appointment, asking him whether he accepts it or not. The Guardian will be formally registered on the User Account only after acceptance on his part (which may result from a click on the notification email from SOLAL TECH informing him of his designation), and opening a free Solal Account for this purpose.
The Guardian is revocable and may be changed at any time by the Testator.
Likewise, he can also choose at any time to refuse his mission and no longer be the Testator's Guardian. This information can be done directly from the Guardian's Solal Account.
Except as otherwise provided in the Digital Will Document, the Custodian shall perform its duties free of charge and without compensation.
He does not have access to the Digital Assets, but only to their inventory with the list of Beneficiaries for each Asset.
Article 10. Notary Partner
In order to take advantage of the Service, and in particular to generate the Digital Will Document, the User must use the services of a Partner Notary in order to ensure the legal validity of his Digital Will and its materialization in one of the legally accepted forms of will. In this respect, the User may use the services of a Partner Notary, registered on the Platform, or ask his usual notary to register on the Platform.
10.1 Role of the Notary Partner
The mission of the Partner Notary is defined directly between the latter and the User who requests it, in accordance with its own ethical rules and its specific skills.
Generally speaking, the Notary Partner may be entrusted with one or more of the following missions:
- Assist the Testator in the expression of his Digital Wishes, and in particular in the qualification of the Digital Assets and their impact on the choice of Beneficiaries,
- To assist the Testator in the drafting of the will based on the Digital Will Document, in order to ensure its legal validity with regard to the personal situation of the Testator; and to register it in his office, at the User's request;
- Register the Will with the CSDF,
- Follow the progress of the succession operations concerning the Digital Assets ;
- Assist the Guardian in his or her mission as executor of the will;
It is recalled that SOLAL TECH does not intervene in the relationship between the User and the Partner Notary, which is governed by the applicable legal provisions and, where appropriate, any letter of engagement that may be concluded between the two parties.
10.2 Choice of Notary Partner
10.2.1 Notaries registered on the Platform
SOLAL TECH has selected notaries on its Platform who are familiar with the law of new technologies and personal data, and who naturally have expertise in inheritance law.
The User may access the list of these Partner Notaries at any time, or use the Platform's internal search engine to contact a Notary.
The User is informed that the price paid by Partner Notaries to be listed on the Platform does not affect the ranking of notaries in his request. SOLAL TECH has not set up any "premium" service for referenced notaries, so their ranking cannot be affected by the price of the Service, which is identical for each Partner Notary. No Notary Partner can, for an additional payment, obtain a preferential listing in the results of the User's request.
The Partner Notaries are classified according to their geographical proximity (those located within 30 km of the User's home) and in a random manner (in no particular order). Notaries located outside the User's geographical area also appear randomly, in a different order for each request.
10.2.2 Notary not registered on the Platform
SOLAL TECH respects the User's freedom of choice of counsel.
Consequently, the User may invite his usual notary to register on the Platform in order to have access to the Service and the Digital Will Document, as well as to the identity of the Custodian.
The notary chosen by the User will be invited to register on the Platform by email sent by SOLAL TECH. Any notary duly registered with a regional chamber of notaries, and not subject to a suspension or ban on practice, may register on the Platform, subject to subscription to the Service with SOLAL TECH. If the notary chosen by the User does not respond within 15 days, or if he refuses, SOLAL TECH will inform the User and invite him to choose another notary or a Partner Notary already registered on the Platform.
10.2.3 Dereferencing the Partner Notary
If the chosen Notary is dereferenced, whatever the cause of this dereferencing, SOLAL TECH will inform the User without delay so that the User can choose another Notary Partner for the management of his digital estate. It will then be up to the User to register his Digital Will Document with the new Partner Notary, SOLAL TECH will inform the former Notary that he is divested of this mission.
If the Testator fails to choose a new Partner Notary, it will be up to the Notary in charge of the estate to contact SOLAL TECH to determine the conditions of their collaboration.
Article 11. Opening of the digital estate
The Testator's Digital Wishes will be implemented, at the time of his death, under the conditions provided below.
11.1 Notification of the Death of the Testator
SOLAL TECH may be notified of the Testator's death:
- By the Guardian,
- By any other relative of the Testator
In all cases, a death certificate will be required to certify the death of the Testator and to implement his Digital Wishes. SOLAL TECH will send the death certificate to the Notary Partner for validation
11.2 Implementation of the Digital Will
Once the death certificate has been validated, SOLAL TECH will inform the Custodian designated on the Platform of the content of the Testator's Digital Wills, by transmitting the Digital Wills Document. The Custodian will then be responsible for informing the Beneficiaries of the Assets bequeathed to them or entrusted to them by the Testator, and will invite them to contact the Partner Notary to monitor the estate.
If the Beneficiary has chosen this option, the access identifiers to the Asset concerned, stored in the Platform, will be communicated by right to the designated Beneficiary, so that he/she can take possession of the Digital Assets to which he/she is entitled, or exercise the rights that have been entrusted to them.
SOLAL TECH will also inform the Custodian and contact him to assist him in his mission. In particular, it will provide the Custodian with the identifiers of the Assets that it has been appointed to manage as a result of the Testator's Wishes.
Article 12. Publication of Content by the User
If the User has chosen to subscribe to a Premium Membership, he will have a storage space to store data of his choice (such as photos, or other family memories, personal documents, etc.).
In using this storage space, the User agrees to:
- Not to upload, fill in, distribute or publish in or from the Platform any Content:
- of a political, racist, xenophobic, discriminatory, malicious, rude, abusive, defamatory, hateful, obscene, violent nature, or infringing on the privacy of others;
- reserved for an adult audience (including pornography),
- infringing on material protected by copyright or any other intellectual property right;
- In general, any illegal content. In particular, without this list being exhaustive, is considered illegal any content that constitutes an infringement of an intellectual property right, is an apology for crimes against humanity, provocation to commit acts of terrorism and their apology, incitement to racial hatred, to hatred towards people because of their sex, their sexual orientation or identity or their handicap as well as child pornography, incitement to violence, in particular incitement to violence against women, as well as attacks on human dignity.
- Not to interfere with or disrupt the normal operation of the Platform, including the use of viruses or the sending of bulk messages
As host of the Platform within the meaning of Article 6.IV of the Act of 21 June 2004 on confidence in the digital economy, SOLAL TECH reserves the right to delete any content clearly illegal, whether or not the subject of a request for deletion by a third party, and to suspend the User's Account and access to the Platform without delay and without prior notice. More generally, SOLAL TECH reserves the right to delete any content that violates these Terms, without notice and at its sole discretion.
In addition, SOLAL TECH reserves the right, in such a case, to suspend, for a maximum period of 30 days, or, in case of sufficiently serious breach, to terminate without notice the account of the User concerned. Where appropriate, the suspension or termination of the User's Account will not result in any refund.
SOLAL TECH cannot be held responsible for illegal content (as defined in this article) that has been published on the Platform and that has escaped its vigilance. Users are invited to notify any illegal content or in violation of these TOS, as well as any error in content, to the following address: email@example.com
Article 13. Data Hosting
13.1 Data Security
As host of the Platform, SOLAL TECH provides hosting of User Data. The security of this data is a major concern for SOLAL TECH.
Thus, all Data transmitted by the User on the Platform are encrypted, and SOLAL TECH provides the User with an encryption key generated by specific software. This key is also given to the Guardian, and SOLAL TECH does not have access to it.
Likewise, the User and the Guardian have backup identifiers, in case of loss of their User Account access identifiers.
In accordance with Article L.254-25-5 of the Consumer Code, SOLAL TECH informs the User of the measures that will be taken in case of security incident, threat or situation of vulnerability:
- Denial of Service Protection on Load Balancers
- Intrusion detection process and associated reaction
- Regular backups with another provider to protect against ransomware
- Encryption of all data to make it unusable in case of leakage
13.2 Access to Data
A full copy of the Data may be requested by the User at any time. The Data will be extracted in a common office format (.csv type), and readable by machine, in order to be compatible.
Article 14. Quality of the Service
14.1 Availability of the Platform
SOLAL TECH undertakes to take all the care and diligence necessary to ensure the permanence, continuity and quality of service in accordance with the practices of the profession and the state of the art, and is therefore bound by an obligation of means.
SOLAL TECH reserves the right to suspend access to the Platform for any maintenance or service improvement.
Users hereby acknowledge that fluctuations in bandwidth and the vagaries of the access provider, the interruption of service ordered by an administrative or judicial authority may result in discontinuity in access to the Platform, beyond the control of SOLAL TECH.
Article 15. User Support and Service Updates
As part of the Service, SOLAL TECH will also provide the following support services:
15.1 Support and Corrective Maintenance
SOLAL TECH undertakes to provide corrective maintenance of the Service, to repair anomalies on the Platform as soon as possible. These corrections will be the subject of corrective updates to the Platform, which will be deployed automatically, without intervention by the User.
15.1.1 Support Procedure
The User is invited to contact the User Support service in case of malfunction or difficulties in using the Platform.
All requests must be notified via the "User Support" tab of the Platform.
The Anomaly will be dealt with as soon as possible after the User has given written notice of the Anomaly, in accordance with the terms of this article.
Given the non-critical nature of the Platform, which the User acknowledges, SOLAL TECH does not commit to any recovery time, and only undertakes to correct the defect as soon as possible, as part of an obligation of means.
SOLAL TECH undertakes to carry out maintenance in accordance with current technical data and with all the care and diligence necessary in accordance with the rules of art in its field.
SOLAL TECH is released from any liability, particularly in terms of response times with respect to its maintenance and support obligation on malfunctions resulting from :
- third-party software or applications installed on the User's Terminal,
- any intervention or manipulation carried out by the User and/or a third party on the Terminal or on the Platform, which would affect the proper functioning of the Service;
- the inadequacy of the User's Internet connection,
In addition, Support Services may not involve maintenance or assistance in the use of third-party software, not provided by SOLAL TECH.
15.2 Updates to the Service
As part of the Subscription to the Service, SOLAL TECH will regularly offer new features of the Platform, via updates. These new features will be distributed, without exclusivity, to all Users who have subscribed to a Subscription, and without intervention from the User.
SOLAL TECH guarantees that the deployment of these new versions of the Platform will not affect its performance, provided that the User complies with the requirements recommended by SOLAL TECH regarding hardware configuration and Internet connection.
SOLAL TECH reserves the right to make changes to the name, implementation, ergonomics, settings, access methods or location of a function in the Platform. Any changes, updates or corrections will be made in the direction of improving or optimizing the Service.
Moreover, as these Updates are automatically deployed on the Platform, without installation on the User's Terminal, articles L.224-25-25 and L.224-25-26 of the Consumer Code are not applicable and they cannot be refused by the User.
Article 16. Intellectual Property
16.1 Content published by the User
For Content published by the User that is likely to be protected by copyright or any other rights (in particular law n°2018-670 of July 30, 2018 on business secrets), the User shall be responsible for assigning all intellectual property rights and exploitation rights relating to this Content and, where applicable, to any Data published or provided on the Platform, and of which he is not the author.
Where appropriate, the User releases SOLAL TECH from any liability, and guarantees it against any recourse by a third party related to the use, dissemination or hosting of Data infringing its intellectual property rights or any other private right.
16.2 Content published by SOLAL TECH
All elements published by SOLAL TECH on the Platform (including text, graphic illustrations, photos, videos), as well as all software elements used to operate the Platform (including its source and object codes) are protected by the intellectual property code in France and by foreign legislation governing copyright and related rights, trademark law, designs and models and are the property of SOLAL TECH, or have been authorized for use by it.
SOLAL TECH grants the User a non-exclusive, non-transferable and strictly personal right to use and reproduce on his personal equipment (including his Terminal) the Content to which he has access from the Platform, for strictly private purposes, and excluding any commercial exploitation.
Article 17. Liability of SOLAL TECH
It is reminded that the Platform is intended to help Users manage their Digital Assets after their death.
Its role is limited to the recording and conservation of the User's Digital Wills, and to their transmission to the different actors concerned (Notary Partner, Beneficiaries, Guardian).
SOLAL TECH does not provide legal advice and does not intervene in any way in the drafting of the Digital Will Document, or the Will, or, in general, in the expression by the User of his Digital Wishes.
SOLAL TECH provides the User with a list of Partner Notaries to assist him in expressing his Digital Wishes, in accordance with applicable law. However, it does not intervene in the relationship between the User and the Partner Notary, which is governed by the applicable legal provisions and, where appropriate, the letter of engagement agreed between the parties. Consequently, SOLAL TECH cannot be held responsible for the inadequacy or non-compliance of the Testator's Digital Wills with the applicable legislation, particularly in terms of inheritance law, or intellectual property law, personal data law and any disputes that may arise.
Similarly, the User is solely responsible for the choice of Beneficiaries and Custodian, in which SOLAL TECH is not involved. As a result of the above, SOLAL TECH cannot be held responsible for any direct or indirect damage related to the choice of Partner Notary, Beneficiary or Guardian by the User, who guarantees SOLAL TECH against any claim, amicable or judicial on the part of one of these actors, and any resulting damage.
In particular, SOLAL TECH shall not incur any liability for the faulty performance or failure of the Guardian in the mission entrusted to him by the User.
Article 18. Personal Data
The User declares that he/she has read and accepted without reservation, when subscribing to the Subscription, the terms of the Personal Data Protection Policy of SOLAL TECH, providing the conditions for the collection and use of personal data, and which has contractual value. It is specified that this document includes, in accordance with Article L.224-25-5 7° of the Consumer Code, information relating to personal data necessary for the provision of digital content or digital services or collected as part of this provision.
Article 19. Applicable law
The present general conditions are subject to French law.
Article 20: Settlement of disputes with SOLAL TECH
Any dispute relating to the application, the validity, or the execution of the present General Conditions can be subjected, in the event of failure of the amicable discussions, to the Mediator of the Center of the Mediation of the Consumption of Justice Conciliators. The request for mediation should be sent to the following address CM2C E-Commerce Mediator, 14 Rue Saint-Jean, 75017 Paris, France or directly on the Mediator's Platform: https: //www.cm2c.net/
Article 21. Settlement of Disputes with the Partner Notary
It is reminded that the Platform proposes a connection between the User and the Partner Notary but does not intervene in the realization of the latter's mission.
In the event of a dispute between a User and a Partner Notary regarding the conditions of his mission, the User is invited to refer to the competent regional chamber of notaries for mediation and amicable settlement of the dispute:
This referral suspends the limitation periods and is without prejudice to the rights and remedies of the User before the competent courts.
The User may also inform the Platform of any complaint about the conditions of execution of its service by the Partner Notary, which will be analyzed and transmitted by the Platform to the Notary concerned, requesting a response within 30 days.
Depending on the seriousness of the alleged breach, and if SOLAL TECH considers it established, the Account of the Notary concerned may be suspended or closed.