GENERAL TERMS OF USE (GTU)
1Who are these GTU for?
When we use the terms "AxiomText", "we", "our" or "ours", we refer to axiomtext.com.
When we use the term "user", we are addressing you, and we will also use the words "you" and "your" to refer to you. However, if you use our solutions on behalf of a company, organization or other entity, the identity of "you" may become more complex.
In this case, you declare that you have the necessary authority to bind your company, organization or entity to these General Terms of Use (GTU) and you agree to be legally bound by these GTU on behalf of said entity. In this context, the terms "user", "you" and "your" refer to that entity.
If you have any doubts about the meaning of this or your authority to bind your company, organization or entity to these terms, we recommend that you consult other members of your organization for clarification on binding powers.
2What are the GTU?
These GTU establish a legally binding contract between you and AxiomText, and encompass all offers, platforms, solutions, features, content, applications and other elements that we provide to users like you.
3When do these GTU apply to me?
Now that we share a common language, it is important that you understand when and how the GTU apply.
First, please note that this is a legally binding contract that is required to use our platform and solutions. Therefore, you can only access our platform and use our solutions if you agree to have read, understood and accepted to be bound by these GTU.
If you register for the Solutions or create an account through our web platform, the GTU take effect when you click "I accept" or any other feature indicating your acceptance of these terms. If you purchase Solutions through a separate written contract, the GTU are an integral part of that contract, regardless of its name. Regardless of these other methods, when you access or use our platform and solutions, the GTU apply and are legally binding on you and your use.
4How are disputes regarding these GTU handled?
A requirement of our GTU is that you must agree to resolve disputes arising from these GTU through binding arbitration directly between you and AxiomText. In arbitration, a neutral arbitrator or panel of arbitrators will hear the arguments of both parties and resolve disputes quickly and cost-effectively. You will still be able to file lawsuits in court when it comes to small claims, but all other claims will be subject to arbitration.
You must understand that this means that neither you nor AxiomText will have the opportunity to resolve certain disputes before a judge or jury. You will not be able to file lawsuits in a conventional trial and you will not be able to participate in a class action lawsuit or similar proceeding.
5AxiomText's Responsibilities
AxiomText is committed to:
- Comply with legal obligations, in accordance with Article 7 of Law No. 2011-01 of February 24, 2011 on the telecommunications code, which states that operators of public telecommunications networks and their staff are bound by the secrecy of communications and must ensure the continuity of service, under penalty of legal proceedings under Article 167 of the penal code.
- Guarantee the security, confidentiality and integrity of SMS transmitted by the user, including personal data.
- Provide the service and ensure access to the axiomtext.com platform 24/7, except in case of scheduled or unscheduled interruption for maintenance needs or in case of force majeure.
6User Responsibility
The user is entirely responsible for the use he makes of the axiomtext.com platform and uses it at his own risk. He also acknowledges that his liability may be incurred in case of identity theft or non-compliance with the provisions.
The user is solely responsible for the data he communicates when using the axiomtext.com site and declares that the information provided is complete and accurate.
7Provider Responsibility
Due to the characteristics and limitations of the Internet, which the user declares to know, axiomtext.com cannot in any way be held responsible for the speed of sending SMS messages, slowdowns or difficulties in accessing the customer area. AxiomText cannot be held responsible for the non-delivery of messages due to the same limitations and characteristics of the Internet. AxiomText reserves the right to temporarily interrupt access to its services for maintenance and/or improvement reasons, without obligation of compensation. However, axiomtext.com undertakes to implement all necessary means. However, it cannot be held responsible for loss of revenue due to service interruption.
8Force Majeure
The liability of AxiomText or the user cannot be incurred in case of non-performance or delay in the performance of any of their obligations described in these General Terms of Use due to a case of force majeure.
The term "force majeure" means any external, irresistible and unforeseeable event, as interpreted by the case law of Senegalese courts, which prevents one of the parties from performing its obligations or makes the performance of these excessively expensive.
The following will expressly be considered as cases of force majeure, in addition to those generally recognized by the case law of Senegalese courts, and without this list being limiting: a failure of telecommunications networks, a power grid failure, a failure of communication equipment used by AxiomText, as well as any regulatory development in the field of telecommunications or any decision modifying the conditions for sending messages.
Each party will notify the other party by registered letter with acknowledgment of receipt of the occurrence of any case of force majeure.
9Financial Conditions
The rates for sending messages are those indicated on the order form, and this implies that the user undertakes to pay the price corresponding to the selected services.
The subscribed services are invoiced in FCFA and payment is made at the time of subscription.
AxiomText reserves the right to modify its prices at any time, without notice. However, the price of services paid in advance is guaranteed for the period concerned.
In case of default or delay in payment by the customer, this will automatically result in the termination of the contract.
10Data Processing
10.1 Data Access – Data Ownership
From the start date of the operation, the customer will have personalized and secure access to statistics related to the operation, such as traffic statistics, for the entire duration of the contract.
This access will be via the Internet through a secure connection (HTTPS) with a user code and a personalized password for the customer. Since the data belongs exclusively to the customer, AxiomText undertakes to use it only in the context of the execution of the obligations provided for in the contract and to ensure its confidentiality. At the end of the contract and at the customer's request, AxiomText will immediately destroy the data.
10.2 Compliance with regulations and data processing
The parties undertake to respect their respective obligations under the applicable legislation on the protection of personal data (in accordance with Law No. 2008-12 of January 25, 2008 on the protection of personal data).
AxiomText is committed to:
- The data will be processed only in the context of the purposes agreed for the subcontracting. In particular, AxiomText undertakes, for the entire duration of the contract and beyond, not to use, transfer or rent the data to third parties for personal purposes.
- The data will be processed in accordance with the customer's instructions. If AxiomText considers that a customer instruction constitutes a violation of the regulations on the protection of personal data, it will immediately inform the customer and advise, if necessary, on the corrective or preventive measures to be taken, taking into account in particular the state of the art.
- We are committed to ensuring the confidentiality of the data processed under the contract.
- We will ensure that the persons authorized to process personal data under the contract undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality. In addition, we will ensure that they receive the necessary training in data protection.
- We will help you fulfill your obligation to respond to requests from data subjects regarding access, rectification, deletion, limitation, opposition and portability of their personal data.
10.3 Unsolicited Messages
The customer undertakes not to send unsolicited messages to a user for which data has been collected in the context of the operation, except in cases expressly authorized by these terms.
In all cases, the customer undertakes to guarantee AxiomText and to compensate it for any claim resulting from the sending of unsolicited messages to a user.
10.4 Data Security
Each party undertakes to implement the appropriate technical measures to ensure data security.
AxiomText is committed to preserving the integrity and confidentiality of the data by using the technical means commonly used for data of this nature. In this regard, AxiomText will implement technical and organizational measures aimed at preventing fraudulent access to or use of the data, as well as preventing any loss, alteration or destruction of the data.
AxiomText specifically undertakes to implement:
Technical security measures:
- Regular update of antivirus software and firewall on all computer devices.
- Periodic penetration testing by a specialized information security provider to verify computer systems.
- Continuous monitoring of the information system to detect security vulnerabilities and possible data breaches.
- Planning of daily and weekly data backups.
- Securing data transfer processes through an FTPS protocol or other secure device using data encryption techniques.
- Implementation of a strong password policy to access data, in accordance with best practices.
- Pseudonymization and encryption of personal data.
- Adoption of an IT charter to ensure compliance with data protection principles by employees.
- Confidentiality commitment so that persons authorized to process personal data are subject to an enhanced confidentiality obligation.
- Implementation of appropriate measures to prevent the transfer of personal data to unauthorized persons or entities.
- Logging of connections to track access to personal data.
All AxiomText employees are contractually bound by confidentiality commitments.