TERMS AND CONDITIONS OF SALE

Article 1 – Purpose
These Terms and Conditions of Sale (TCS) define the terms and conditions under which the company Misterindex, operating the Asfaly service, offers its customers a post-mortem digital vault service allowing the storage of passwords and the organization of the transmission of their digital data after their death. By subscribing to an Asfaly subscription, the customer unconditionally accepts these TCS.

Article 2 – Identity of the publisher
Service publisher:
Misterindex
Legal form: Enterprise
Head office: 65 rue des Lieutenants Chauveau, 71100 Chalon-sur-Saône, France
SIREN number: 422792481
Intra-community VAT number: FR23422792481
Email: contact@asfaly.com
Phone: 07 84 98 45 35
Publication director: Plisson F.

Hosting:
Data is hosted by:
O2switch
Address: 222-224 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand, France
SIRET: 510 909 80700024
RCS Clermont Ferrand

Infomaniak
Address: rue Eugène-Marziano 25, 1227 Les Acacias, Geneva, Switzerland
Commercial Register of the Canton of Geneva
CH-660.0.059.996-1

Article 3 – Service description
Asfaly is a digital vault service that allows its users to:

Securely store their passwords and credentials
Designate one or more trusted beneficiaries
Define post-mortem directives (transmission, retention, deletion of data)
Allow their beneficiaries to access their data after their death, subject to validation of an official death certificate

The service is accessible via a website compatible with all modern browsers (computer, mobile, tablet).

Article 4 – Prices and payment terms
4.1 Subscription price
The Asfaly subscription is offered at the price of:
€12 per year (i.e., €1/month), payable in one installment.
Prices are expressed in euros including all taxes (VAT included). VAT is not applied.

4.2 Payment methods
Payment is made by credit card (CB, Visa, Mastercard) or by any other payment method offered on the website.
Payment is secure and processed by a payment provider compliant with PCI-DSS standards.

4.3 Invoicing
An invoice is sent by email to the customer after each payment. The invoice serves as a receipt.

Article 5 – Duration and automatic renewal
5.1 Subscription duration
The Asfaly subscription is subscribed for an initial period of 12 months from the payment date.

5.2 Automatic renewal
At the end of the initial 12-month period, the subscription is automatically renewed for an additional period of 12 months, unless the customer objects.
This automatic renewal applies under the conditions provided in Article L. 215-1 of the Consumer Code (see Article 13 – Automatic Renewal).

5.3 Information before renewal
In accordance with the law, the customer receives an information email between 1 and 3 months before the cancellation deadline, reminding them of:

The deadline to cancel without charge
The possibility to cancel at any time after the renewal date
The price and renewal terms

Article 6 – Cancellation and withdrawal
6.1 Right of withdrawal (14 days)
In accordance with Article L. 221-18 of the Consumer Code, the customer has a withdrawal period of 14 days from the subscription date, without having to justify reasons or pay penalties.
To exercise this right, the customer must send an email to contact before the expiration of the 14-day period.
Exception: If the customer has started using the service (account creation, password storage, etc.) before the expiration of the 14-day period, they explicitly waive their right of withdrawal, in accordance with Article L. 221-18 2° of the Consumer Code (full execution of the service before the end of the period).

6.2 Cancellation after the subscription period
The customer can cancel their subscription at any time after the renewal date, without charge or penalties.
Cancellation takes effect:

Immediately if the customer requests deletion of their account
At the end of the current period if the customer wishes to retain access until the end of the year

To cancel, the customer must:

Send an email to contact, or
Use the cancellation function in their customer area

6.3 Refund
In case of cancellation during the year, no partial refund is granted for the unused period, except within the framework of the 14-day right of withdrawal.

Article 7 – Account suspension and deletion
7.1 Suspension by the user
The user can temporarily suspend their account from their customer area. During suspension, access to data is disabled, but data is retained.

7.2 Suspension by Asfaly
Asfaly reserves the right to suspend or delete an account in case of:

Violation of these TCS
Fraudulent or illegal use of the service
Non-payment of the subscription
User request (definitive deletion)

7.3 Definitive deletion
In case of definitive deletion of the account, all user data (passwords, beneficiaries, directives) is irretrievably erased within a maximum of 30 days.

Article 8 – User obligations
The user agrees to:

Provide accurate and complete information when creating their account
Maintain the confidentiality of their credentials (master password, 2FA)
Not use the service for illegal or fraudulent purposes
Respect the rights of third parties (not store passwords belonging to other people without their consent)

Article 9 – Security and confidentiality
Asfaly implements maximum security measures to protect user data:

AES-256-GCM encryption for all passwords
Mandatory two-factor authentication (2FA) for all accounts
Hosting in Switzerland (strict data protection legislation)
End-to-end encryption: even Asfaly cannot read passwords

However, Asfaly cannot guarantee absolute security against all risks (e.g., hacking of the user’s device, loss of phone, etc.).

Article 10 – Intellectual property
The Asfaly service, its website, logo, content, and software are the exclusive property of Misterindex.
Any unauthorized reproduction, distribution, modification, or exploitation is prohibited and constitutes infringement.

Article 11 – Liability
11.1 Limitation of liability
Asfaly cannot be held responsible in case of:

Data loss due to user negligence (e.g., loss of master password, loss of 2FA phone)
Fraudulent access to the user’s account (e.g., phishing, credential theft)
Temporary service malfunctions (maintenance, bugs, etc.)

11.2 Force majeure
Asfaly cannot be held responsible in case of force majeure (e.g., natural disaster, war, general Internet outage, etc.).

Article 12 – Protection of personal data (GDPR)
In accordance with the General Data Protection Regulation (GDPR), the user has the following rights:

Right of access: request a copy of their data
Right to rectification: modify or correct their data
Right to erasure: request deletion of their account and data
Right to data portability: retrieve their data in a structured format

To exercise these rights, the user can contact contact or use the dedicated functions in their customer area.
For more information, consult the Privacy Policy page on the website.

Article 13 – Automatic renewal (B2C)
In accordance with Article L. 215-1 of the Consumer Code, for service contracts concluded between a professional and a consumer:

The professional must inform the consumer in writing (email) between 1 and 3 months before the cancellation deadline
The consumer can cancel at any time after the renewal date, without charge or penalties
The professional must provide a simple means of cancellation (email, button in the customer area, etc.)

Asfaly complies with these obligations by sending a reminder email and allowing cancellation from the customer area.

Article 14 – Consumer mediation
In accordance with Articles L. 612-1 and following of the Consumer Code, in case of a dispute not resolved amicably, the consumer can resort to a consumer mediator.
Designated mediator: PENDING
[Mediator name, e.g., Médiateur du Numérique]
Website: [Mediator URL]
Email: [Mediator email]
Address: [Mediator address]

To refer the matter to the mediator, the consumer must first have attempted to resolve the dispute directly with Asfaly (email to contact).

Article 15 – Applicable law and competent jurisdiction
These TCS are governed by French law.
In case of dispute, French courts will have sole jurisdiction, unless contrary legal provisions apply.

Article 16 – Modification of TCS
Asfaly reserves the right to modify these TCS at any time.
In case of significant modification, users will be informed by email and must accept the new TCS to continue using the service.

Article 17 – Contact
For any question relating to these TCS, you can contact:
Email: contact