Terms and Conditions of Use

1. Purpose

The purpose of these Terms is to define the conditions of access to and use of the Joseara insurance brokerage management platform (hereinafter the “Platform”), as well as the respective rights, obligations and responsibilities of Joseara and the User. They apply to any access to and use of the Platform, regardless of the means of access.

2. Definitions

• Platform: the Joseara application, its interfaces, features and associated services made available to the User.
• Infrastructure: all technical means, software, servers, source code, hosting and components enabling the operation of the Platform.
• User: any person holding an account granting access to the Platform.
• Client: any individual or legal entity whose information is managed by the User within the Platform.
• User Data: all data, content and information entered, imported or generated by or on behalf of the User within the Platform, including data relating to its Clients.
• Third-Party Services: the application programming interfaces (APIs), modules, libraries, hosting services and components supplied and controlled by third parties, integrated into or relied upon by the Platform.

3. Acceptance of the Terms

Acceptance of these Terms is evidenced, when the account is created, by ticking the dedicated checkbox, which constitutes an electronic signature and unreserved agreement. Such acceptance is retained by Joseara (the accepted version of the Terms and the date of acceptance) as proof. A User who does not accept the Terms may not create an account or use the Platform.

4. Access, account and credentials

Access to the Platform requires the creation of an account and verification of the email address. The User undertakes to provide accurate information and to keep it up to date. Login credentials are strictly personal and confidential: the User is solely responsible for safeguarding them and for any activity carried out through its account. Any unauthorised use must be reported to Joseara without delay.

5. Ownership of User Data

User Data remains the private and exclusive property of the User. Joseara claims no ownership over such data and processes it only to the extent strictly necessary to provide the service (hosting, processing, backup and retrieval). Joseara shall not sell or transfer User Data to third parties for commercial purposes. The User may, at any time and within the technical limits of the Platform, access, export or request the deletion of its data.

6. Ownership of the Infrastructure and the Platform

Joseara remains the sole owner of the global Infrastructure made available to Users and their Clients, as well as of the Platform, its architecture, source code, interfaces, databases (excluding User Data) and any technical element comprising it. Making the Platform available grants the User only a personal, non-exclusive, non-transferable and revocable right of use, limited to the term of this agreement. No transfer of ownership of the Infrastructure is granted.

7. Third-party services and modules — Limitation of liability

The Platform relies on Third-Party Services (APIs, modules, libraries and hosting services). Part of the business logic, both frontend and backend, depends on these Third-Party Services and is entirely controlled by those third parties, beyond Joseara' control.

Consequently, and to the fullest extent permitted by applicable law, Joseara shall not be held liable for any errors, bugs, interruptions, malfunctions or loss of data belonging to Users or their Clients arising, directly or indirectly, from the behaviour, failure, modification or unavailability of the Third-Party Services. Joseara endeavours to select reliable providers and to respond diligently, but gives no warranty as to the operation of components it does not control.

It is the User's responsibility to regularly carry out its own exports and backups of the User Data it considers critical.

8. Continuous improvement commitment

Joseara undertakes to develop and regularly update the Platform. In this respect, Joseara undertakes to collect and, where reasonable, incorporate the suggestions and recommendations of Users aimed at improving the service, its reliability and its usability. Enhancements are deployed on an ongoing basis and may modify certain existing features.

9. Intellectual property

The Platform, its source code, design, visual identity, original content and all elements comprising it constitute a protected work, the exclusive property of Joseara. Any reproduction, copying, imitation, extraction, decompilation, reverse engineering or exploitation, in whole or in part, by any means and for any reason whatsoever, without the prior, written and explicit consent of Joseara, is strictly prohibited. Joseara reserves the right to prosecute, by any legal means, any person who attempts to reproduce or copy all or part of this work in breach of these Terms.

10. User obligations and responsibilities

The User undertakes to:

• use the Platform in accordance with its intended purpose, these Terms and applicable regulations;
• ensure the lawfulness and accuracy of the User Data entered, and hold the necessary rights and consents regarding its Clients' data;
• not impair the security, integrity or availability of the Platform;
• refrain from any fraudulent or abusive use, or any use infringing third-party rights.

The User is solely responsible for its use of the Platform and for the User Data it processes therein, in particular towards its Clients.

11. Service availability and no guarantee of results

Joseara uses reasonable means to ensure the availability and continuity of the Platform, without however being bound by an obligation of result. Access may be temporarily suspended for maintenance, updates or due to technical constraints, including those relating to Third-Party Services. The Platform is provided “as is”, without warranty of being error-free or fit for a particular purpose beyond what is expressly set out herein.

12. Confidentiality and personal data protection

Joseara processes personal data in compliance with applicable data protection regulations. User Data is processed confidentially and is accessible only to authorised persons and to the Third-Party Services strictly necessary for the operation of the Platform. With respect to its Clients' personal data, the User acts as data controller and Joseara as data processor, each assuming the corresponding obligations. Any request relating to data may be sent to contact@joseara.com.

13. Term, suspension and termination

These Terms apply throughout the period of use of the Platform. The User may stop using the Platform and request the deletion of its account at any time. Joseara reserves the right to suspend or terminate a User's access, after notice except in cases of urgency, in the event of a breach of these Terms, fraudulent use or risk to the security of the Platform. Upon termination, the User has a reasonable period, within the technical limits of the Platform, to export its User Data.

14. Amendment of the Terms

Joseara may amend these Terms to reflect legal, technical or functional developments. The applicable version is identified by its version number and date. In the event of a material change, the User may be asked to accept the Terms again upon login. Continued use of the Platform after a new version comes into force constitutes acceptance of that version.

15. Governing law and jurisdiction

These Terms are governed by the laws of the Democratic Republic of the Congo. Failing an amicable resolution, any dispute relating to their validity, interpretation or performance shall be submitted to the courts of Kinshasa.

16. Contact

For any question relating to these Terms, you may contact Joseara at: contact@joseara.com.