Terms of Use

Effective from 01/05/2023

These terms of use (referred to as "Terms") are intended to legally regulate the terms of availability of the services of the FasoCode mobile application and define the conditions of access and use of the services by the "User."

The current Terms are accessible on the FasoCode mobile application under the "Terms of Use" section.

Any registration or use of the FasoCode mobile application implies acceptance without reservation or restriction of these Terms by the user. When registering on the FasoCode mobile application via the Registration Form, each user expressly accepts these Terms by checking the box preceding the following text: "I have read and accept the terms of use."

In case of non-acceptance of the Terms stipulated in this contract, the User must renounce access to the services offered by the FasoCode mobile application.

Biel Manivel Sarl reserves the right to unilaterally modify the content of these Terms at any time.

ARTICLE 1: Identification of the Publisher and Legal Domicile

The publication and management of the FasoCode mobile application are provided by Biel Manivel, a limited liability company under Burkinabe law, registered with the RCCM under number BFOUA 2020 B 9136, IFU number 00144480X, whose head office is located at Sector 52, Section IB, Lot 43, Parcel 09, 03 BP 7168 Ouaga 03, +22674757640, +4917684569195, www.contact@fasocode.app, subject to the CME tax regime, attached to the DCI Ouaga-8, represented herein by the Managing Partner Mr. Landolo Moïse Lansalé Kalifa ZALA, hereinafter referred to as the "Publisher."

The mobile application is hosted by the Publisher.

ARTICLE 2: Definitions

This clause aims to define the various essential terms of the contract:

• The Publisher: A company specializing in providing solutions in the field of transportation and road safety.

• The Publisher is the publisher of a mobile application named FasoCode, intended for candidates of the driving theory test to help them better prepare for the exam.

• Candidate: This term refers to any candidate registered for the driving theory test in a driving school in Burkina Faso or any other person wishing to acquire the application.

• User: The Candidate becomes a User when they have access to the FasoCode mobile application.

• Distributor: A company legally authorized to operate in Burkina Faso and authorized to resell the Publisher's products.

ARTICLE 3: Access to the Mobile Application

The "FasoCode Examen-Blanc" mobile application provides Users with paid access to the following services:

• A "mock exam" questionnaire, allowing the user to practice with driving theory test questions in Burkina Faso in Mooré, Dioula, or French. Each mock exam series contains 30 questions randomly selected from a pool of about 400 questions for license B and about 440 questions for license C.

• The download of an answer sheet in PDF format at the end of each questionnaire.

• The ability to practice with questions for license B or C.

Downloading and fully installing the FasoCode mobile application requires internet access. All costs incurred by the User to access the service (computer hardware, software, internet connection, etc.) are their responsibility.

Using the services of the FasoCode mobile application requires entering and validating an activation code in the application. To obtain this activation code, the User must first register on the FasoCode mobile application website through a Distributor by filling out an online form. Only Distributors with a commercial partnership with the Publisher can provide their candidates with activation codes for the FasoCode mobile application.

By agreeing to use the services of the FasoCode mobile application, the User commits to providing sincere and accurate information regarding their name, date of birth, phone number, email address, gender, learning language, driver's license category, and profession.

To access the services, the User must then identify themselves using their activation code provided after registration.

Any event due to force majeure resulting in a malfunction of the FasoCode mobile application or server and subject to any interruption or modification in case of maintenance does not engage the responsibility of the Publisher. In such cases, the User agrees not to hold the Publisher responsible for any interruption or suspension of service, even without prior notice.

The User can contact the Publisher by email at the address provided in ARTICLE 1.

ARTICLE 4: Privacy Policy

The information requested during registration is necessary and mandatory for creating the user's account:

• The user's name, phone number, and email address may be used by the Publisher for service administration, management, customer service, and satisfaction surveys. These personal data will be deleted within a maximum of three years from the end of the User's subscription. These data will not be sold or transmitted to third parties.

• The user's date of birth, gender, learning language, and driver's license category will be anonymized and recorded for statistical purposes by the Publisher for an indefinite period.

The Publisher ensures the collection and processing of personal information in compliance with privacy laws in accordance with Law No. 001-2021/AN of March 30, 2021, on the protection of individuals with regard to the processing of personal data.

Under Articles 16 and 56 of the law dated March 30, 2021, the user has the right to access, rectify, delete, and oppose their personal data. The User exercises this right by emailing: www.contact@fasocode.app.

ARTICLE 5: Subscription

Using the services of the FasoCode mobile application requires a paid subscription.

The main offers are as follows, noting that the Publisher reserves the right to modify these offers at any time and to propose occasional promotional offers through its communication channels:

• Bronze Subscription: Valid for two (2) months or 60 days. The User can extend their subscription within four weeks after the expiration date of the first subscription for a duration of one (1) month or 30 days. The extension is possible only once. The subscription cost is set by the Distributor.

• Silver Subscription: Valid for three (3) months or 90 days. The User can extend their subscription within four weeks after the expiration date of the first subscription for a duration of one (1) month or 30 days. The extension is possible only once. The subscription cost is set by the Distributor.

• Gold Subscription: Valid for four (4) months or 120 days. The User can extend their subscription within four weeks after the expiration date of the first subscription for a duration of one (1) month or 30 days. The extension is possible only once. The subscription cost is set by the Distributor.

All subscriptions must be paid directly to the Distributor.

By subscribing and using the offered services, the client declares to use the services of the FasoCode mobile application in accordance with applicable law and these general conditions.

ARTICLE 6: Subscription Termination

The User has the right to withdraw from subscriptions and credit purchases under the conditions stated below.

The User has the right to withdraw without giving reasons.

The withdrawal period is seven (07) days from the registration date on the FasoCode mobile application website through the Distributor.

If the User can exercise their right of withdrawal, they must inform their Distributor of their decision to withdraw by sending, before the expiration of the seven (07) day period, an unambiguous statement using a standard withdrawal form sent to the Publisher's WhatsApp Business account: +226 05 01 59 00 and the Distributor, mentioning an Orange Money account number or bank account information for the refund. If the User uses this option, the Publisher will send a confirmation of receipt of their withdrawal request within seventy-two (72) hours.

The Publisher will refund the User all payments made under this contract no later than fourteen (14) days from the date the Publisher receives the withdrawal notification. Currently, refunds can only be made via Orange Money transfer or bank transfer. However, transaction fees will be borne by the User.

After the seven (07) day withdrawal period from subscription, the User can no longer withdraw.

ARTICLE 7: Intellectual Property

The trademarks, logos, signs, and all content of the FasoCode mobile application (texts, images, sound, etc.) are protected by the Intellectual Property Code, especially copyright.

The FasoCode trademark is a registered trademark by the Publisher. Any representation and/or reproduction and/or partial or total exploitation of this trademark, of any nature whatsoever, is strictly prohibited.

The User must seek prior authorization from the FasoCode mobile application for any reproduction, publication, or copying of the different content. They agree to use the content of the FasoCode mobile application strictly for private use; any commercial and advertising use is strictly prohibited.

Any total or partial representation of this mobile application by any means whatsoever without the express authorization of the FasoCode mobile application operator would constitute an infringement sanctioned by the Bangui Agreement and its Annexes.

It is reminded that according to Article 11 on copyright of the Bangui Agreement dated December 14, 2015, the User who reproduces, copies, or publishes protected content must cite the author and their source.

ARTICLE 8: Liability

The sources of the information disseminated on the FasoCode mobile application are considered reliable, but the FasoCode mobile application does not guarantee that it is free from defects, errors, or omissions.

The information provided is for indicative and general purposes without contractual value. Despite regular updates, the Publisher cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the Publisher cannot be held responsible for the use and interpretation of the information contained on this site.

The User must keep their activation code secret. Any disclosure of the activation code, in any form, is prohibited. The User assumes the risks associated with using their activation code. The Publisher disclaims any responsibility.

The Publisher cannot be held responsible for potential viruses that may infect the user's smartphone or any computer hardware as a result of using, accessing, or downloading from this mobile application.

The Publisher's liability cannot be engaged in the event of force majeure or the unpredictable and insurmountable act of a third party.

ARTICLE 9: Hypertext Links

Hypertext links may be present on the FasoCode mobile application. The User is informed that by clicking on these links, they will exit the FasoCode mobile application. The Publisher has no control over the web pages on which these links lead and cannot, in any case, be held responsible for their content.

ARTICLE 10: Applicable Law

Burkinabe law applies to this contract.

ARTICLE 11: Dispute Resolution

Disputes arising from these terms of use will be settled amicably. If, within one (01) year from the date the dispute is noted, no express amicable agreement is reached, the dispute will be settled by arbitration conducted by the Ouagadougou Arbitration, Mediation, and Conciliation Center (CAMC-O).