inWebo Terms and Conditions of Use – License for inWebo Client Software
As of August 1st, 2014
ARTICLE 1 – PRELIMINARY INFORMATION – INWEBO
In-Webo Technologies S.A.S (« INWEBO ») provides strong authentication tokens (« TOOLS »), operates an online service My inWebo www.myinwebo.com used to securely manage the TOOLS and including a password management application and a browser extension, and publishes a web site (« SITE ») www.inwebo.com where information is available about My inWebo service and the TOOLS. The TOOLS, My inWebo service, and the SITE are collectively referred to as the « SERVICE ». The SERVICE allows its users (« USERS ») initiating secure transactions with e.g. online services, and managing the TOOLS used for this purpose.
In-Webo Technologies is incorporated in Paris under number B 503 562 381. Headquarters are located 3, rue de Montyon in Paris. INWEBO can be contacted by post at this address, or by electronic mail at contact(at)inwebo(dot)com.
ARTICLE 2 – SCOPE
The Terms and Conditions outline conditions under which USERS may use the SERVICE for a private and non-commercial usage, or a usage resulting from their professional activity, with the sole purpose to initiate secure transactions with online or remote services, and to manage the TOOLS used for this purpose. By downloading the TOOLS or by using them, by accessing the SERVICE or by using it, whether you use the SERVICE on your own initiative or because it has been proposed by a third party (e.g. an INWEBO customer or partner organization), your accept the Terms and Conditions, as they have been presented to you before you use the SERVICE. If you do not accept some or all part of the Terms and Conditions, do not use the SERVICE and do not activate the TOOLS.
INWEBO grants the USERS accepting the Terms and Conditions a non-exclusive and non-transferable license for the client software distributed by INWEBO that can be installed on computers and mobile phones, and for the INWEBO software technology that can be embedded in applications (native or web) distributed by INWEBO customer or partner organizations for platforms such as computers, smartphones, tablets, connected TV, game consoles, etc. By using such software clients and software technology, you accept the present Terms and Conditions. You are supposed to have accepted INWEBO Terms and Conditions as soon as you activate a TOOL or use the SERVICE beyond a mere browsing on the site.
The USER is not requested to subscribe or to pay to get access to the SERVICE. INWEBO may propose complementary options or services that require a subscription or a payment, and for which additional terms and conditions may be proposed.
ARTICLE 3 – PREREQUISITES FOR USING THE SERVICE AND TOOLS
3.1 The USER hereby acknowledges that he fully understands the purpose of using the SERVICE proposed by INWEBO, as set out in the Terms and Conditions and on the SITE.
3.2 To use the SERVICE, the USER needs to access a personal computer connected to the Internet, and/or a mobile phone or a personal handset that can connect to the Internet. By « computer », it is meant here generally a platform having an operating system, able to connect to the Internet, to install and to execute software applications or scripts. Tablets, connected TV, gaming consoles, among other, enter in this category. By « personal computer », it is meant a computer that cannot be used by people unknown or untrusted by the USER, and where the USER can durably install a personal piece of software or personal data.
To use the TOOLS suited for mobile phones, the USER needs a mobile phone with data connection capability. The use of the TOOLS, in particular the initial download and activation, might result in an additional billing of the USER by the mobile network operator or Internet Service Provider used to connect, depending on specific contracts and price plans agreed with that operator or provider. The USER acknowledges that he will bear the costs incurring from additional equipment and service he needs to use the SERVICE and the TOOLS. This is the USER’s responsibility to contact his operator(s) to obtain information about these possible costs.
3.3 INWEBO supplies software and services that have been tested and validated by INWEBO for popular equipment and operating systems. They are made available “as is” and may contain errors, so that INWEBO makes no guaranty of their proper functioning and adaptation for the USER’s own technical environment and use.
Subject to the imperative legal provisions, INWEBO refuses to make any other guarantee or condition, explicit or implicit, including any guarantee or condition over the suitability of the SERVICE for the USER’s needs and technical environment, as only this latter is capable of evaluate this. The USER declares that any compatibility issue between his equipment (e.g. computer, mobile phone) and the TOOLS shall be his concern, and accepts that INWEBO may not be able to provide a suitable TOOL for the USER equipment, temporarily or definitively.
3.4 As an overriding condition of these Terms and Conditions, the USER undertakes not to use the SERVICE for activities that are illegal or which infringe the rights of third parties (including intellectual property rights), which undermine public order and decency.
3.5 The USER declares that he has the capability to take the commitments defined in these Terms and Conditions.
3.6 In order to subscribe to the SERVICE offered by INWEBO and to be able to use this SERVICE, the USER must read and agree to all these Terms and Conditions and give their free and full consent as follows:
- By clicking the box next to “I agree to the Terms and Conditions” displayed when installing inWebo Application (one of the TOOLS), the USER acknowledges that he fully understands and unreservedly agrees to all the provisions contained in these Terms and Conditions for the INWEBO SERVICE
- Alternatively, by activating inWebo nCode or Authenticator mobile applications, or inWebo Helium browser token (others TOOLs), which requires the USER to enter an activation code, to define a personal secret code, and to select « Activate », the USER acknowledges that he fully understands and unreservedly agrees to all the provisions contained in the Terms and Conditions for the INWEBO SERVICE, the link to these Terms and Conditions (www.myinwebo.com/terms) being displayed during activation
ARTICLE 4 – INWEBO SERVICE AND TOOLS DESCRIPTION
Under these Terms and Conditions, the authentication of a USER is a technical process that enables to check the USER rights to access a service, notably a service provided by an INWEBO customer or partner organization, or My inWebo service.
TOOLS are available for computers (InWebo Application), for mobile phones (InWebo nCode and Authenticator mobile applications), for any platform that can load and/or execute applications (mAccess, authentication library for applications), and for HTML5 compliant browser (inWebo Helium browser token). TOOLS allow to generate one-time passwords that protect the USER access to online accounts and remote services. Except for mAccess, which is dedicated to an application supplied by an INWEBO customer or partner organization, the TOOLS are universal and allow the USER to add new services (“BOOKMARKS”) where he will be able to authenticate by using the TOOLS.
My inWebo service is a secure interface that allows the USER to manage his TOOLS and his profile for the SERVICE. Any USER who has downloaded and activated a TOOL is given a My inWebo profile. The TOOLS are used in particular to authenticate the USER when he connects to the My inWebo service. My inWebo service also allows creating and activating further TOOLS, to lock/unlock TOOLS, and to restore TOOLS in case they are lost or blocked. Lastly, My inWebo service contains a password management application that helps the USER to define unique passwords for his online accounts, to store these passwords in an encrypted manner, and to fill them automatically when signing in to these accounts.
In case of loss of all TOOLS, INWEBO shall provide a pay-per-use feature to allow the USER to restore his access to his My inWebo account. This feature consists in sending information (“restoration key”) to a predefined address, which cannot be changed when the USER uses the restore feature. INWEBO takes no responsibility for not being able to provide that feature to a USER that would not have entered or kept updated the address to which the restoration key shall be sent. INWEBO takes no responsibility if the mail or letter containing the restoration key is not delivered or stolen during delivery.
On My inWebo portal, the USER is able to know which services and applications can be restored with the restore feature given the type of the predefined address, and which services and applications require to directly request their provider to restore them. INWEBO cannot be made responsible that the restore feature does not cover all services and applications to which the USER connects using the TOOLS.
ARTICLE 5 – CREATION OF A MY INWEBO ACCOUNT – MY INWEBO SERVICE
5.1 A My inWebo account is automatically created for a USER when a first TOOL is activated. Activation consists in entering information (“activation key”) received by the USER from an INWEBO customer or partner organization, and to authenticate (definition or input of a personal secret code for that TOOL). The TOOL then allows the USER to connect and authenticate to the site, service or application of that INWEBO customer or partner organization.
5.2 Creation of a My inWebo account is completely anonymous and does not require any personal information, such as first or last name, phone number, email address.
5.3 The restore feature described in article 4 requires the USER to enter at least one valid address, where INWEBO can send him a restoration key. The USER may optionally enter other personal information or parameters to benefit from additional features for which these information or parameters would be required. The valid address and these information and parameters remain under the USER control and are used for the sole purpose of providing the restore feature and the additional features. (see article « data protection » hereafter).
5.4 The use of a TOOL by a USER allows calculating a one-time password that allows a site, service or application to formally identify the USER. That site, service or application uses the INWEBO infrastructure – possibly installed in its own data centers – to check the validity of the one-time password. The USER acknowledges and accepts that INWEBO may process the one-time password that the user has transmitted, in order for the site, service or application to formally identify the USER and provide him additional services not governed by the present Terms and Conditions.
ARTICLE 6 – SERVICE RESTRICTIONS
6.1 Under these Terms and Conditions, INWEBO publishes on the SITE some information (FAQ, users’ forum) related to the description of the SERVICE.
6.2 INWEBO makes its best to provide an excellent quality of service, the SERVICE being available and monitored 24 hours a day, 7 days a week, from a service infrastructure that has been designed with state of the art technologies and engineering rules. INWEBO provides support to its customer and partner organizations (those using the INWEBO services to identify their users), not to the end-users (the USERS of the SERVICE). Should a USER encounter difficulties in using the SERVICE for accessing a site, service or application, this USER is requested to contact the provider of this site, service or application, or to use online help material available on the SITE.
6.3 In case of loss or malfunctioning of a TOOL resulting in its unavailability, the USER may either use My inWebo service in order to restore the TOOL or contact the provider(s) of the site(s), service(s) or application(s) that use INWEBO services to identify their users. INWEBO takes no responsibility if My inWebo service cannot be used to recover a TOOL because the USER has not entered or kept updated the information required for the restore features proposed by the My inWebo service.
ARTICLE 7 – SUBSCRIPTION DURATION – TERMINATION – CANCELLATION
7.1 – Duration
The license for the TOOLS and the SERVICE is granted for the duration of use of the SERVICE. The present Terms and Conditions apply as long as one of the parties has not decided to cancel the SERVICE. Essential and overriding factors (in particular articles 2, 3, 9 and 10) in these Terms and Conditions still apply after the SERVICE has been canceled.
7.2 – End of usage – Termination
At any time before the end of the current period of usage, the USER may decide to terminate his usage of the SERVICE by uninstalling the authentication software (TOOLS) or deleting personal information stored by inWebo Helium browser token. When the USER uses the TOOLS to connect to sites, services and applications, the sole termination of the SERVICE has no consequence on these sites, services and applications. INWEBO does not handle the USERS subscription or cancellation related to these sites, services and applications.
7.3 – Cancellation
In the event that the USER fails to perform some or all of their obligations under these Terms and Conditions, INWEBO may cancel these Terms and Conditions as of right and at any time, with or without formal notice being made to the USER to fulfill their obligations, after a notice of termination of seven days. INWEBO shall send any formal notice by any means of its choice, including by simple electronic mail (e-mail) and the notification capabilities included in the SERVICE.
The performance of the rights granted by this article is without prejudice to any damages and interest to which INWEBO may have a right, or any other means or recourse that it may use INWEBO may also cancel the SERVICE as of right, at any time and without compensation if it appears that the USER has not used the SERVICE during a full year, or if the use of the SERVICE by the USER is damageable for the quality of the SERVICE provided to other USERS and INWEBO customer or partner organizations.
7.4 – Consequences of termination
In the event of the termination of these Terms and Conditions for any reason whatsoever, the USER accepts that their account on My InWebo will be closed by INWEBO and that the data contained in this account will be deleted. The USER may use the notice period to copy these data. As a reminder, in the current state of the SERVICE for which these Terms and Conditions are valid, the data consists in contact information entered by the USER and does not relate to any form of content created while using the SERVICE.
ARTICLE 8 – PRICING
8.1 – Payment terms and conditions for additional services
- Fees for additional services are due at activation. Subject to the imperative legal provisions, when INWEBO has executed the order, the activation fees cannot be reimbursed to the USER in case of cancelation by the USER, for whatever reason.
- Payments must be done with payment methods made available to the USER. VAT is added to the activation fees, when applicable.
- For a card payment, the USER transmits valid card information to the secure server of the payment service provider used by INWEBO, and authorizes this provider to withdraw from the card the due amounts. INWEBO has no access to the card information transmitted by the USER to the payment service provider.
8.2 – Non-payment
By explicit agreement, any non-payment at the agreed time shall lead to the following as of right and without prior warning:
- The termination of the additional services
- The termination of all current additional services whatever the advancement or the nature
- The expiration of the authorization to access and use the additional services
Any debt collection proceedings that INWEBO is required to take out against the USER shall be at the expense of the USER
ARTICLE 9 – INTELLECTUAL PROPERTY
9.1 – Property
All intellectual property rights and other rights relating to (i) the SITE and/or (ii) the SERVICE and/or (iii) the TOOLS and/or (iv) My inWebo service and other online interfaces and services published by INWEBO shall remain the exclusive property of INWEBO. The only rights awarded to the USER shall be those set out in these Terms and Conditions, exclusively for the purpose of the USER’s usage. These rights shall not under any circumstances be transferred to the USER because of the Terms and Conditions.
9.2 – Limitations
As far as is permitted by the law, the USER may only use all or part of the TOOL as an end user. In particular, the USER may not make any copy of all or part of the SITE, nor may they sell all or part of the TOOL user rights to a third party. The USER may neither modify nor reproduce the TOOL, either permanently or temporarily, in whole or in part, by any means and in any form.
In particular, the USER is not authorized to use the TOOL to directly develop or to have developed indirectly and/or to subsequently market an identical or similar product or technology.
9.3 – Guarantee of compliance
INWEBO guarantees that the execution of the current Terms and Conditions, and the accomplishment by the USER of the corresponding obligations, does not constitute an infringement, a breach or a violation to any third party rights.
The USER acknowledges that at the current level of technology, it is not possible to guarantee that the TOOLs will operate without any major or minor faults, without any service interruptions, or that it will meet the USER’s conditions for performance or results.
INWEBO shall under no circumstances be held liable if any of the following events arises:
- that the USER is not using the TOOLs in accordance with their documentation or the obligations coming from the present Terms and Conditions
- that the TOOLS becomes problematic (or even impossible) to use either wholly or partially as a result of the USER’s computer equipment or of their software, or due to an Internet connection problem
The Services and Software are provided “as is”. To the maximum extent permitted by law, INWEBO disclaims all warranties express or implied, including the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. INWEBO further disclaims any warranty that (a) the SITE, TOOLS, and SERVICE will meet the USER’s requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the SITE, TOOLS, and SERVICE will be effective, accurate, or reliable; (c) the quality of the SITE, TOOLS, and SERVICE will meet the USER’s expectations; or (d) any errors or defects in the SITE, TOOLS, and SERVICE will be corrected.
INWEBO reserves for himself the right to reduce access to the SERVICE for maintenance reasons, on rare occasions and for a limited period of time, for which the USER shall not have any right to compensation.
ARTICLE 10 – LIABILITY
10.1 – Principle
a/ The USER explicitly acknowledges and agrees that INWEBO has a simple due care obligation for all its obligations arising from the Terms and Conditions.
b/ Except in the event of proven gross or intentional misconduct, the overall liability of INWEBO to the USER by virtue of these Terms and Conditions, irrespective of the legal grounds may not, if applicable, exceed the aggregate amounts already paid by the USER for the acquisition of the TOOLS and the use of the SERVICE and the additional services during the three-month period preceding the event giving rise to such liability. As a reminder, the TOOLS and the SERVICE are offered free of charge by INWEBO to the USER. This limitation will apply even if INWEBO has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy
c/ The USER explicitly agrees that INWEBO is not liable to the USER or anyone else for any special, incidental, indirect, consequential, or punitive damages whatsoever, including (a) those resulting from loss of use, data, or profits, whether or not foreseeable (b) if INWEBO has been advised of the possibility of such damages, (c) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (d) any other claim arising out of or in connection with the USER’s use or access to the TOOLS and the SERVICE.
INWEBO specifically disclaims any liability for any actions resulting from the USER’s use of the TOOLS and the SERVICE. The USER may use and access the TOOLS and the SERVICE at his own discretion and risk, and is solely responsible for any damages to his computer system or loss of data that results from the use of any such TOOLS and the SERVICE.
d/ The USER acknowledges that he is alone responsible for the information he holds and/or owns, as well as that arising from the use of the SERVICE, and assumes sole responsibility for safeguarding such information.
e/ The USER acknowledges that he is alone responsible for forecasting and calculating any damage he may suffer in the event of any problem arising in the performance of the Terms and Conditions whose terms (including financial measures) have been set with regard to the liability limitations and exemptions enjoyed by INWEBO. As a consequence, the USER acknowledges and accepts that it is his own responsibility to insure himself against all risks and that he alone estimates appropriate with regard to his own individual situation and under the terms of the Terms and Conditions.
f/ The USER acknowledges that INWEBO cannot be liable of a negligence of a USER in the usage of the means placed at his disposal according to the current Terms and Conditions. This includes, being not exhaustive, the communication of the confidential passphrase, the loan or the copy of the TOOLS, the communication to a third party of an authentication code, etc.
The USER declares that he will prohibit such conduct and that he accepts any possible consequence of such a conduct, whatever the nature.
g/ The USER acknowledges that he bears full responsibility for the operations and transactions that are secured with the TOOLS, given the fact that the TOOLS are personal security tools that the USER must restrict access from untrusted users, and that a personal secret information (“PIN”) is required to use the TOOLS, which the USER must keep for himself.
These operations and transactions are therefore deemed to have been executed by the USER, who has the legal capability for doing so, as long as the USER has not stopped the TOOLS that would have been lost, stolen or compromised. Stopping a TOOL can be done by using My inWebo service (even when the USER is locked out of the SERVICE) or contacting the site, services or applications provided by customer or partner organizations where the TOOLS can be used.
The abovementioned guarantee and liability limitations constitute essential and overriding factors of the Terms and Conditions between INWEBO and the USER. The limitations and exclusions in this Section 10 apply to the maximum extent permitted by Law.
ARTICLE 11 – FORCE MAJEURE
Force majeure events shall suspend the obligations of the Parties as regards the Terms and Conditions. However, if the force majeure event continues for over two (2) months, each party will have the option of putting an end to the Terms and Conditions, as specified in article 7.
ARTICLE 12 – EVOLUTION OF THE TERMS AND CONDITIONS
If INWEBO decides to apply new Terms and Conditions or to change the existing ones, INWEBO will communicate the new applicable conditions to the USER at least thirty (30) days before those new conditions shall take effect. A letter or an e-mail sent to the USER or a publication on the SITE shall count as valid communication. The Terms and Conditions will be renewed as the new conditions, unless cancelled by the USER in accordance with article 7.
ARTICLE 13 – DATA PROTECTION – SECURITY – COOKIES
13.1 – Data Protection and Civil Liberties Law
The USER explicitly acknowledges and agrees that INWEBO will collect and store information and more particularly private data (e.g.: information on the USER account, IP address, etc.). Private data collected in this way is necessary to enable the management of the SERVICE and its improvement. Such information is only intended for INWEBO, and possibly for the INWEBO customer or partner organization, in this case only information related to the connection attempts of the USER to that INWEBO customer or partner organization.
In compliance with the national data protection regulations, the USER has the right to access and to correct information concerning him. The USER may exercise this right at any time and, if necessary, may correct or delete information relating to him, by asking INWEBO at the contact details listed in article 1 above.
The USER has the possibility to change or delete his personal data by using the tools provided according to the usage of the SERVICE, notably the My inWebo service.
The existence and purpose of files containing personal data are registered to the French Commission Nationale de l’Informatique et des Libertés (CNIL) or to similar institutions in the countries where INWEBO operates a platform.
13.2 – Security
INWEBO takse all appropriate measures to protect the security of the USER’s private data stored with the SERVICE, including through the use of a firewall, antivirus program, the use of the secure SSL protocol, the implementation of HSM (Hardware Secuity Modules) along with physical security measures protecting access to the datacenters where INWEBO infrastructure is located.
13.3 – Cookies
The USER acknowledges being aware, and having agreed, that cookies are installed on the computer’s hard drive. A cookie saves information relating to the computer browsing on the My inWebo service, which may be read by INWEBO in subsequent visits of the USER.
The USER may reject cookies by modifying his browser settings. The USER is informed that some functions of the SERVICE may not operate normally if the USERS reject cookies, notably those related to the browsing on the My inWebo service.
ARTICLE 14 – MISCELLANEOUS
14.1 – Agreement on proof
In the event of any disputes over the use of the SERVICE, the USER and INWEBO agree that the data saved on INWEBO shall constitute valid proof between the parties. It is explicitly agreed that all the technical information regarding the USER, particularly saved data and statistics will be kept and archived by INWEBO for probative reasons.
14.2 – Comprehensiveness
These Terms and Conditions shall give the full obligations of the parties. The fact that either party does not take advantage of any shortcoming or any failure to perform any of its obligations or any other breach by the other party of any of its obligations under the Terms and Conditions shall not be interpreted as a waiver of the obligation in question or of any of the other provisions contained in the Terms and Conditions. Similarly, any delay or failure by either party to perform the rights and prerogatives granted to them under these Terms and Conditions shall not be interpreted as a waiver of these rights and prerogatives.
14.3 – Contractual documents
These Terms and Conditions constitute a full and exclusive whole of the terms of the agreement entered into between INWEBO and the USER.
14.4 – Partial non-validity
In the event that any of the Terms and Conditions clauses are declared null and void, these clauses shall be deemed not to have been written. This shall not lead to the cancellation of the Terms and Conditions in their entirety.
14.5 – Applicable law – Competent jurisdictions
If you are a consumer using the SERVICE for a personal non-commercial usage, the present Terms and Conditions are ruled by the laws of the country where the INWEBO customer or partner organization proposing you the SERVICE is incorporated, for example France for My inWebo.
If you are not such a user, these Terms and Conditions are subject to signature, interpretation and performance under French law. In this case, any dispute between INWEBO and the USER relating to the existence, validity, interpretation or execution of the Terms and Conditions or of any of their clauses that the parties are unable to resolve amicably shall be ruled by the Paris courts.