PREAMBLE

These General Conditions of Use, hereinafter “T&Cs “, govern the access and use of the application published by YAS TOGO, whose head office is located in Lomé, Reconciliation square, Atchanté district.

The user acknowledges having read the T&Cs and agrees to respect them.

By installing the Application on your device and/or accessing the Application, as a visitor and/or user, you unconditionally and unreservedly accept all of the T&Cs defined below. Any visit and/or use of the Application must be in compliance with these T&Cs.

Article 1. DEFINITIONS

The words beginning with a capital letter within these T&Cs, whether used indifferently in the singular or the plural, will have the meaning given to them below:

“Application” means the “Yas App” software application published and provided by Yas Togo, providing access to the Services, which is available free of charge in Google’s “Google Play Store” to be downloaded by the User on their Android terminal. The Application also includes the Content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements and services that compose it, updates and new versions that may be made to the Application by Yas Togo.

“Content” means, without limitation, the structure of the Application, editorial content, designs, illustrations, images, photographs, graphic charters, brands, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the Application and/or any other element making up the Application.

“Services” means the various functionalities and services offered by the Application.

“Site” means the official website of Yas Togo whose address is: www.yas.tg

“User” means a natural person, whether adult or minor, who has previously obtained the authorization of their parents or the person with parental authority, and who has downloaded the Application for their own needs, for strictly personal and non-commercial use, without direct or indirect profit-making purposes.

Article 2. PURPOSE OF THE APPLICATION

The Application allows the user to access various services, including:

· Onboarding & Login,

· Telco Products,

· Redirection to the Mixx by Yas App,

· Entertainment,

· Device,

· Daily Life,

· In App CVM & Digital Marketing,

· Transaction History.

This list is not exhaustive and may be modified at any time without Yas Togo being held liable in this regard by anyone.

Article 3. ACCESS TO THE APPLICATION

To access and use the Application, You must have a compatible telephone/terminal and access to the Internet network.

The Application can be downloaded free of charge from the “Google Play Store”, “Apple Store” platforms and the Yas Togo website (www.yas.tg).

Article 4. APPLICATION OF THE T&Cs

The T&Cs apply to all Users of the Application and Services. Users are invited to carefully read the T&Cs, which are accessible:

· on the Play Store download page,

· on the Yas Togo website,

· in the application drop-down menu.

The Application may be subject to regular updates. In this regard, any Application downloaded by a User has a limited validity period, taking into account its mandatory downloadable updates and any technical, legislative or regulatory developments, over which Yas Togo has no control.

The T&Cs are subject to change at any time without notice by Yas Togo.

Article 5. INTELLECTUAL PROPERTY OF THE APPLICATION

Yas Togo is the exclusive owner of all intellectual property rights relating to the Application and its Content. Without prejudice to the provisions of Article 5, none of the provisions of the T&Cs may be interpreted as an assignment, transfer, sale, concession,

license, loan, rental, or operating authorization granted directly or indirectly by Yas Togo to the User on the Application, its Content and/or the Services.

Article 6. LICENSE TO USE

Yas Togo grants the User a personal, non-exclusive, revocable, non-assignable, non-transferable, worldwide and free right to use the Application, the Content and the Services solely for its own needs in the context of the use of the Application and the Services, to the exclusion of any other purpose. The User is strictly prohibited from accessing and/or using the source codes of the Application and/or the software components of the Application. The User does not acquire any intellectual property rights over the Application, the Content and/or the Services or any other rights than those granted herein.

This license does not grant the User any right of use over the Content. The User is therefore prohibited from reproducing, representing, adapting and/or exploiting any Content. The User expressly undertakes that the use of the Application will in no way infringe the rights of Yas Togo, and in particular that this use will not constitute an act of counterfeiting, unfair competition or parasitic use of the Content.

Article 7. USER OBLIGATIONS

The User expressly undertakes:

· to download the Application onto their equipment exclusively for personal and non-commercial use ;

· not to reproduce the Application permanently or temporarily, in whole or in part, by any means and in any form ;

· not to use software or processes intended to copy the Content without the prior written authorization of Yas Togo ;

· not to carry out any adaptation, modification, translation, transcription, arrangement, compilation, de-compilation, assembly, disassembly, transcoding, or reverse engineering of all or part of the Application, the Services and/or the Content;

· not to export the Application, to merge all or part of the Application with other computer programs ;

· not to make short quotations, analyses and reproductions intended for press reviews as well as other uses expressly authorized by law within the limits and conditions set by the latter and subject in particular to citing the name of the authors and the editorial source;

· to expressly refrain from using software or devices likely to disrupt the proper functioning of the Application, nor from taking any action likely to impose a disproportionate burden on Yas Togo’s infrastructure ;

· not to extract or reuse, including for private purposes, without prior written authorization from Yas Togo, a substantial or non-substantial part of the content of the databases and archives constituted by the Application ;

· not to set up systems likely to hack the Application and/or the Content in whole or in part, or likely to violate these T&Cs ;

· to inform Yas Togo as soon as he becomes aware of an act of piracy and in particular of any illicit or non-contractual use of the Application and/or the Content regardless of the method of distribution ;

· not to sell, rent, sublicense or distribute in any way the Application and/or the Content to third parties.

Article 8. PROTECTION OF PERSONAL DATA

Any personal information that the Internet user may transmit to Yas Togo when using the mobile application is subject to Law No. 2019-014 of October 29, 2019 relating to the protection of personal data.

Article 9. AVAILABILITY OF THE APPLICATION

Yas Togo is committed to securing access, consultation and use of the Application Services. The Application is accessible 24 hours a day, 7 days a week except in cases of force majeure or the occurrence of an event beyond the control of Yas Togo and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Application. Maintenance interventions may be carried out without prior notice to Users.

Article 10. LIMITATION OF WARRANTY

Access and use of the Application is at the User’s own risk. The Application and the software are provided “as is” and “as available” without any warranty whatsoever. It is the responsibility of each User to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any attack. The User declares that they are aware of and accept the characteristics and limitations of the Internet network and, in particular, the functional characteristics and technical performance of the Internet network; problems related to connection and/or access to the Internet network and/or websites; problems related to network availability and congestion; problems related to network failure or saturation; problems related to transit time, access to information posted online, response times for displaying, consulting, querying or otherwise transferring data; risks of interruption; lack of protection of certain data against possible misappropriation or hacking; the risks of contamination by possible viruses circulating on said networks, etc. for which Yas Togo cannot be held liable.

Yas Togo cannot be held responsible :

· in the event of failure, loss, delay or error in the transmission of data which are beyond its control;

· sending messages and/or data to a false, incorrect or incomplete address ;

· if data does not reach it, for whatever reason, or if the data it receives is illegible or impossible to process ;

· if, for reasons of force majeure, the connection should be interrupted.

Furthermore, Yas Togo declines all responsibility in the event of misuse of the terminal when using the Application. Yas Togo cannot under any circumstances be held liable for any damage, of any nature whatsoever, caused to Users, their terminals, their computer and telephone equipment and the data stored therein, nor for any consequences that may result from this on their personal, professional or commercial activity.

Article 11. EVOLUTION OF THE GENERAL CONDITIONS OF USE

The applicable T&Cs are those in effect on the date of connection and use of the Application by the User. Yas Togo reserves the right to modify, at any time, all or part of the provisions of the T&Cs without prior notice or information to Users in order to adapt them to developments in the Services, technical, legal or jurisprudential developments or when setting up new services. Any modifications made by Yas Togo to the T&Cs will be brought to the attention of Users by simply posting them online. They are deemed to be accepted without reservation by any User who accesses the Application after said posting. Yas Togo therefore invites all Users to regularly consult the T&Cs. Any new Service integrating new techniques or new features improving the quality of existing Services will also be subject to these T&Cs, unless expressly provided otherwise.

Article 12. TERMINATION

Yas Togo is free to terminate the Service at any time. In this case, Yas Togo will notify the User as soon as possible before the Service is terminated.

Article 13. CONTACT

Any questions regarding the Application and/or the Services should be addressed to Yas Togo customer service accessible via 888 or can be checked in the Frequently Asked Questions on the Application.

ARTICLE 14. APPLICABLE LAW

These T&Cs are subject to Togolese law.

ARTICLE 15. JURISDICTIONAL COMPETENCE

The Parties undertake to settle amicably any dispute arising from the execution or interpretation of the above provisions. In the event of failure to resolve amicably, the dispute shall be brought before the competent Courts of Lomé.