TERMS OF SERVICE LEGAL NOTICE NYUMBA March 18, 2021 release The use of Nyumba is subject to the unconditional acceptance of the following General Conditions of Use. By clicking on the "accept" button when downloading Nyumba, the User fully accepts these General Conditions of Use and related documents, which he expressly acknowledges. The currently online version of these General Conditions of Use is the only one opposable throughout the duration of use of the application and until a new version replaces it. Previous versions can be accessed here: https://nyumba-app.com/cgu-cgv-rgpd/ Article 1 - Legal notices Application (hereinafter “Nyumba” or “the Application”): the NYUMBA application Publisher of the Application (hereinafter "Nyumba"): K-ZAM, a simplified joint-stock company with capital of € 107,628.78, whose head office is located at 10-4 rue Léon Paulet 13008 Marseille registered at RCS Marseille under number 438 802 639, taken in the person of its legal representative in office duly authorized for the purpose hereof. Phone number: +33 6 71 01 62 52 Email address: julien@nyumba-app.com Director of publication: Monsieur Julien PALAYODAN Design and production: Monsieur Julien PALAYODAN Host: (hereinafter "the Host"): SAS AMAZON WEBSERVICES Website: https://aws.amazon.com/fr/ User: anyone who downloads and uses the NYUMBA application on their smartphone, whether as a student or a teacher. Article 2 - Presentation of Nyumba 2.1. Presentation of Nyumba Nyumba is a mobile application designed for specialized artistic education which modernizes the teacher / student relationship through which establishments, teachers and students will be able to interact via the various services offered within the Application as described. within these General Conditions of Use. Nyumba can also be used by private persons whose activity is artistic education for the management of their interactions with their students. 2.2. Services offered on Nyumba 2.2.1. Establishments Schools can offer their teachers and students the Nyumba Application. Nyumba complements face-to-face teaching and allows for continuity of teacher / student interactions as well as better monitoring, particularly during a pandemic, as is currently the case. 2.2.2. Teaching or practicing artists in a private capacity Nyumba allows teachers to interact with their students in individual lessons and / or virtual classes in addition to face-to-face teaching. The Teacher User creates one or more disciplines and shares their news, the class diary and a diary with the Student Users under their responsibility. He can also interact with them via a chat. He can save all his teaching tools in his Nyumba toolbox. 2.2.3. Students Nyumba allows students to interact with individual and / or group lessons in spaces created for this purpose by their teachers. The Student User chooses the discipline (s) in which he is registered and / or can join a class using a code provided by the Teaching User. The Student User can share “storys”, photos, news, tools, and a diary. He has access to the tools, the class diary, news and messages shared by the teacher in his class. He can interact with his teachers or other students via a chat. Note: the users of the application can be both teachers and students and this in separate establishments. 2.2.4. Use of services Within the virtual spaces made available to them on Nyumba, Users are required to respect, in addition to these General Conditions of Use, the internal regulations of their establishment as well as the Nyumba charter which is available on the website of the application. : www.nyumba-app.com 2.2.5. Freemium or Premium version Nyumba exists in a free “Freemium” or paid “Premium” version. Some features are only accessible in paid version as described below: - Freemium version: For teachers o Create disciplines and invite students to them o Navigate his / her class (es) and get details about the students o Add personal notes about the students o Write in the students' notebooks o Add formative evaluations without comments following the course o Add "personalized writing shortcuts" to a maximum of 3 o Use "smart writing shortcuts": goal and metronome o Add "personalized progressions" to a maximum of 2 o Receive absence notifications for students o Consult students' working times For the students o Add events to the "story" o Access the "work" log o Access the evaluations left by the teacher o Access the evaluations left by the teacher o Access the progressions entered by the teacher For teachers and students o Access the news offered by Nyumba o Chat on internal messaging o Add tools in its toolbox (photos, videos, audios, pdf, links) with personalized categories and subcategories within the limit of 2GB of data. o Share your tools o Add events to the agenda o Invite people to participate in events added in the calendar - Premium version: For teachers o Create disciplines and invite students to them o Navigate his / her class (es) and get details about the students o Add personal notes about the students o Write in the students' notebooks o Recall the instructions from the previous lesson o Add formative evaluations as well as comments following the course o Add unlimited "personalized writing shortcuts" o Use all “smart writing shortcuts”: photos, videos, tools, repeats, drawings, audios, goal, metronome, attention, links and attachments. o Add unlimited "personalized progressions" o Consult the students' story o Consult the list of attendance and absence in a calendar o Receive absence notifications for students o Consult the detailed working times of the students as well as their successes o Add news to share them with certain students or classes easily For the students o Add events to the "story" o Access the "work" log and:  Use the smart shortcuts set up by the teacher  Time yourself  Add personal instructions  Point the tasks one by one (in the form of a todolist) o Access the evaluations left by the teacher o Access the progressions entered by the teacher For teachers and students o Access the news offered by Nyumba o Chat on internal messaging with the ability to create group chats. o Add tools in its toolbox (photos, videos, audios, pdf, links) with personalized categories and subcategories within the limit of 2GB of data. o Share your tools o Add events to the agenda o Invite people to participate in events added in the calendar To access the premium version, the User must pay the sum of € 4.90 incl. Tax per month via the Apple Store or Playstore in accordance with their applicable General Conditions of Sale accessible here: https://store.apple.com/Catalog/fr/Images/salespolicies_institution.html https://play.google.com/intl/en_fr/about/play-terms/index.html This is a monthly subscription that is automatically renewed every month for the same duration. The User can unsubscribe at any time by using the procedures offered by the so-called “stores”. Insofar as the consumer can unsubscribe at any time, Nyumba is not bound by the obligations provided for in Article L.215-1 of the Consumer Code. Failing to subscribe to the subscription, the User only has access to the Freemium version which he recognizes and accepts. In the case of a subscription and in accordance with the legislation in force (art. L.221-28 of the Consumer Code), the right of withdrawal does not apply when providing services fully executed before the end of the withdrawal period and the execution of which has begun after consent of the consumer and waiver of his right of withdrawal. By accepting these General Conditions of Use as well as the General Conditions of Sale of stores, the User accepts that the provision of the service begins from the creation of his User account and waives his right of withdrawal. Article 3 - Access to Nyumba Access to Nyumba requires a smartphone terminal and an Internet connection. Access to Nyumba and its use are reserved for strictly personal use. The User undertakes not to use this Application and the information or data contained therein for commercial, political, advertising purposes and for any form of commercial solicitation and in particular the sending of unsolicited e-mails or for illicit activity. or contrary to good morals. All costs relating to access to the Application, whether hardware, software or internet access costs are exclusively the responsibility of the User or his legal representative. The User is solely responsible for the proper functioning of his equipment as well as his access to the Internet. Article 4 - Content of Nyumba 4.1. Content edited by Nyumba With the exception of content shared by Users, all brands, photographs, texts, comments, illustrations, images, animated or not, video sequences, sounds, as well as all computer applications that could be used to operate the Application and more generally, all the elements reproduced or used on this Application are protected by the laws in force in respect of intellectual property. They are the full and entire property of Nyumba or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of Nyumba, is strictly prohibited. The fact that Nyumba does not initiate proceedings as soon as it becomes aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution. All the elements presented on the Application are given for information only and are not contractual. 4.2. Content edited by Users and hosted by Nyumba The content shared by Users must be free of rights. They must not infringe, violate or infringe the intellectual property, privacy or other rights or misappropriate the property of any third party. Otherwise the responsibility of the User or his legal representatives is engaged. In the event that Nyumba is held liable for the use of the Application by a User or a disputed publication by him, the Application reserves the right to call it as a guarantee and / or to seek compensation for its entire loss as a result of said use or publication. The User is fully responsible for the content he shares and publishes. Article 5 - Management of Nyumba For the proper management of the Application, Nyumba may at any time: - suspend, interrupt or limit access to all or part of Nyumba, reserve access to the Application, or to certain parts of the Application, to a specific category of Users; - delete any information that could disrupt its operation or contravene national or international laws, or the rules of ethics, namely prudence, respect, clarity, conciseness and courtesy; - suspend the Application in order to carry out updates; - modify the content of the Application; Article 6 - Responsibilities 6.1. Liability of Nyumba Nyumba cannot be held liable in the event of failure, breakdown, difficulty or interruption of operation, preventing access to the Application or to one of its functionalities. The connection material to the Application used by the User is under his entire responsibility. The User must take all appropriate measures to protect his equipment and his own data, in particular from viral attacks via the Internet. The User or, where applicable, his parents, is / are also solely responsible for the data consulted by the User, in particular if he is a minor. Nyumba cannot be held responsible in the event of legal proceedings against the User: - due to the use of the Application; - due to non-compliance by the User with these General Conditions of Use or, without this list being exhaustive, any other document applicable herein; - more generally the non-compliance by the User with the legal and regulatory obligations in force. Nyumba is not responsible for any damage caused to the User, to third parties and / or to his equipment as a result of his connection or use of the Application and the User waives any action against him as a result. If Nyumba were to be the subject of an amicable or legal procedure because of the use of the Application by the User, he may turn against him or his legal representatives to obtain compensation for all damages, sums, convictions and costs that could result from this procedure. The User agrees that the data provided to be contacted are accurate. Otherwise, Nyumba cannot be held liable in the event of a request that is not followed up. 6.2. Responsibility of the User The User is responsible for the use he makes of the Application and of his personal space and the data he shares. He is the publisher of the content that he publishes through his profile and space and is, or his legal representative, as such, fully responsible in accordance with the provisions of Law No. 2004-575 of June 21, 2004 for the confidence in the digital economy. Nyumba acts as a host, which the User expressly acknowledges. He must ensure that his use of the Application complies with the regulations in force, as well as these and all the rules to which he is subject as a teacher or student. Article 7 - Obligations of the User of Nyumba 7.1. Registration All Users must register in order to use the Application. Users under the age of 15 must register with their parents or with the holder of parental authority. Users over 15 years old can register on their own. The User declares that he has no incapacity or incompatibility with the registration at Nyumba. He declares to give exact information when registering. He uses Nyumba for his educational needs to the exclusion of any other use. 7.2. Create an account To access the Application, the User must register and create an Account. If he is less than 15 years old or if he does not have legal capacity, this registration must be carried out by his parents or the holders of parental authority or his legal representatives. Registration can be done either through Facebook, Google or Apple, or by entering a username and password. The following data are requested: name, first name, telephone number, establishment, date of birth, address, E-mail, information concerning the user / students to know for the smooth running of the course. The User checks and guarantees that the data he provides when registering and creating the account is correct. In the event of the provision of inaccurate or erroneous data, Nyumba cannot be held responsible for the impossibility of being able to use the Application or for any other consequence linked to the inaccuracy of the information provided when creating the account. Registration is validated by clicking on the link sent to the email address provided during registration. An email address cannot be used more than once to register. The User keeps his username and password confidential and keep them under his responsibility. If you forget the password, the Application generates a new password on request. 7.3. Suspension - account closure The User who wishes to close his account can request it by e-mail. Its raw data will be made anonymous, integrated into an internal database making it possible to analyze its use of Nyumba in a global way and no longer targeted at an identified User. OR deleted from the Nyumba database. As of their deletion, Nyumba does not keep any copy which the User accepts without reservation. Nyumba reserves the right to suspend or close a User account the use of which is contrary to these and / or the regulations which have been reported to it. [] 7.4. Rules for using the service and User commitment Access to Nyumba is reserved for people working for national education who have access controlled by a username / password pair and for students regularly registered with a school or an educational establishment. People whose activity is artistic education on a private basis can also access Nyumba. Their students can access the app. The User undertakes not to use the Application and all the services offered and without this list being exhaustive: o for any fraudulent, criminal, defamatory or harassing activity or purpose, contrary to human dignity and / or privacy and / or criminal and / or to participate in or to promote any illegal activity and / or contrary to morality, incitement to hatred and racism, pornography and / or child pornography or “happy slapping”; o to infringe, violate or infringe intellectual property, privacy or other rights or to misappropriate the property of any third party; o to transmit, distribute or store any material containing viruses, logic bombs, Trojans, worms, malware, spyware or similar programs or materials; o to transmit or distribute unsolicited material or messages, or unsolicited marketing or promotional material or messages, or “spam”, by other means, in violation of any applicable law or regulation; o to transmit, distribute, display, store or share content or material that is inappropriate or obscene and / or contrary to the laws and or regulations in force; - perform any action or omission which could reasonably be expected to disrupt or compromise the integrity or security of the Application or the rights of another User or cause imminent and material damage to the Application or to any other User of the Application. 7.5. Rules applicable to accounts and within classroom spaces In addition to all the conditions applicable to Nyumba, the User undertakes to respect the same rules as those applicable in the establishment in which he is registered. He also undertakes to respect the Nyumb charter available on the site of the application. 7.6. Rules applicable to published and shared classes and content The Teaching User is fully responsible for his students in the same way as within the establishment to which he is attached. He is the editor of the content he publishes and shares for his students and is, as such, fully responsible. The Teacher who has access to the profiles of his students has a right of surveillance and warning if he notices any illegal activity or publications contrary to the rules applicable on Nyumba and in the Establishment to which he belongs. Student Users are also editors of the content published and shared by students and are fully responsible for it or their legal representatives. All Users must ensure that the content they publish and share complies with the rules provided for in article 7.4 hereof. Failing this, they engage their responsibility or those of their legal representatives or of the establishments to which they are attached, if applicable. Any content that does not comply with these or that would violate a legal or regulatory obligation must be reported by sending an email to the address: signalement@nyumba-app.com or by the notification button in the Application. In the event of a difficulty encountered in a class, whether due to the behavior of a teacher or a student, the User is also invited to speak immediately with his parents or his legal guardian, or the chief of the establishment, or even to the authorities if necessary. The Student User can also call 119 (National Telephone Reception Service for Children in Danger) if they feel in danger.   7.6. Rules applicable to discussion spaces Discussions on messaging are the sole responsibility of the User or his legal representative. They can only relate to themes relating to artistic education. Any discussion must comply with the following rules of form and substance, without this list being exhaustive: - prohibition of posting messages of a directly or indirectly defamatory, abusive, criminal or tortious nature; - prohibition of disseminating the personal data of a User or any other person without the latter's consent; - prohibition of posting messages of a directly or indirectly commercial, advertising and prospective nature; - messages must be in polite, courteous and respectful language; - ban on posting content (text, photo, image, sound, score) on the messaging system to which it does not have copyright. At any time, the User can report the violation of these rules by sending an email to the address: signalement@nyumba-app.com or by using the notification button in the Application. In the event of notification, Nyumba reserves the right to check the messages a posteriori. As such, the User acknowledges that Nyumba has the possibility of modifying, withdrawing, automatically deleting all or part of the discussions which do not comply with the regulations in force and herewith, without prejudice to any damages. appropriate. Likewise, the non-compliant use of the messaging system can lead to the suspension of the account without the responsibility of Nyumba being able to be sought. Article 8 - Nyumba's obligations 8.1. Operation of the Application Nyumba is committed within the framework of an obligation of means. Nyumba will ensure the proper functioning of the Application, including: - the daily backup of data allowing data to be restored as they existed before any interruption of access; - system monitoring; - the proper functioning of the Application; - the management of personal data in accordance with the regulations in force; - compliance with basic rules regarding the risk of data breach; Nyumba provides technical telephone assistance from Monday to Friday from 9 a.m. to 12 p.m. and from 2 p.m. to 5 p.m. at the following number: +33 4 91 03 49 39, excluding legal holidays in mainland France. If any malfunctions or bugs are detected by the User, the latter sends a message via the contact form contact@nyumba-app.com in order to remedy them as soon as possible. 8.2. Liability of Nyumba towards the classes, the published and shared content and the use of the Application Nyumba provides a space that allows students and teachers to interact with each other. On the other hand, he does not have access to the spaces created by the Users and to the content published and shared by them that he hosts on his Application as well as to the discussions. It cannot therefore be held liable in the event of use of the Application in violation of the present conditions, of the legislation in force and / or of the rights of a third party. Nyumba therefore acts as a host and can only intervene to suspend or delete an account once it has been duly informed of the illegal use of said account through the Application, by email or by mail. In the absence of prior notification of illegal activity on an account, its liability cannot be engaged, which the User expressly acknowledges. Upon receipt of a report, he will make his best efforts to suspend or delete the reported account as soon as possible without the User being able to incur liability for this fact and without prejudice to any damages. Article 9. - Notification In the event of illicit activity or activity not in accordance with these General Conditions of Use or which would put the User, in particular a minor, in danger or uncomfortable, he is invited to send a message to his teacher and to talk to his parents. It can notify this activity or illegal content Nymba by mail to signalement@nyumba-app.com , or through the application via the "Flag" button. If necessary, Nyumba takes the necessary measures. Article 10 - Data collection The User is informed that Nyumba implements the processing of personal data in order to enable him to ensure the management and monitoring of the services offered by the Application and its proper functioning. The personal data thus processed are recorded in the Nyumba file, and the files thus prepared from personal data appear in the Nuymba processing register and processed in accordance with Nyumba's Data Privacy Policy [INSERT A LINK ]. In accordance with the provisions of law n ° 78-17 of January 6, 1978, as amended, relating to data processing, files and freedoms and the GDPR, the User has the right to access, query, modify , deletion, limitation, opposability, portability, forgetting of information concerning him, to be exercised at any time with the company K-ZAM editor of the Nyumba Application by post to the following address : 4 rue Léon Paulet 13008 Marseille, or by email at contact@nyumba-app.com For security reasons and in order to avoid any fraudulent request, this request must be accompanied by proof of identity. After processing the request, this proof will be destroyed. The information collected may possibly be communicated to third parties linked to the company K-ZAM, publisher of the Nyumba Application by contract or for the execution of subcontracted tasks necessary for the management of the service and without the User having to give his authorization. In the event of a proven violation of legal or regulatory provisions, this information may be communicated at the express and reasoned request of the judicial authorities. The User accepts that his data will be used by the company K-ZAM, publisher of the Nyumba Application, to keep you informed of events by sending a newsletter in particular. If you do not wish it, please send an email to contact@nyumba-app.com The User is also informed that his personal data may also be used by teachers and establishments within the framework of the obligations incumbent on them. The User is invited to read the data confidentiality policy of teachers and establishments. The User also has a right of access, interrogation, modification, deletion, limitation, opposability, portability, forgetting information concerning him, to exercise at any time with the teacher and / or the institution. Article 11 - Applicable law In the event of a difficulty likely to arise between the Parties on the occasion of the interpretation or execution of these presents, or following the completion of these, the Parties undertake to settle their dispute beforehand by an attempt to reach an amicable settlement with Nyumba, and, if they so wish by mediation under the conditions of articles L.612-1 and following and L.152-2 of the Consumer Code and in particular by consulting the site https: / /www.economie.gouv.fr/mediation-conso. The name of the mediation body to which the KZAM company is affiliated is: FEVAD These conditions of use of the Application are governed by French law and subject to the jurisdiction of the courts of located within the jurisdiction of the Court of Appeal of AIX-EN-PROVENCE, subject to an attribution of jurisdiction. specific deriving from a particular law or regulation. Article 12 - Contact us For any questions, information on the services offered on the Application, or concerning the Application itself, or to report illegal content, you can leave a message at the following address: contact@nyumba-app.com _________________________________________________________________ Nyumba and the GDPR Personal data security and confidentiality policy March 18, 2021 release Nyumba attaches great importance to the preservation of the personal data collected by it in its capacity as data controller or subcontractor. In the same spirit, particular attention is paid to the security and confidentiality policy of its service providers. The personal data privacy security policy implemented by Nyumba is described below. 1. Scope This policy only applies to the extent that Nyumba processes, co-processes or subcontracts personal data which originates from the European Union, or which is subject to European data protection legislation, for the implementation of its services. 2. Data controller The identity and contact details of the data controller are as follows: K-ZAM, a simplified joint-stock company with capital of € 107,628.78, whose head office is located at 10-4 rue Léon Paulet 13008 Marseille registered with the RCS of Marseille under number 438 802 639, taken in person of its legal representative in office duly authorized for the purpose hereof. Without this list being exhaustive, Mr. Julien PALAYODAN is responsible for processing data collected through: - the Nyumba application; - institutions ; - the users of the application; With regard to the provision of services and associated services delivered by Nyumba, the company is a subcontractor of its customers and processes the data brought to its attention in this capacity, subject to the data controller being in compliance with applicable regulations. 3. Contact details of the person in charge of personal data service at Nyumba: The contact details of the person in charge of matters relating to personal data and personal rights at Nyumba are as follows: Mr Julien PALAYODAN Email: julien@nyumba-app.com Phone: 06 71 01 62 52 Address K-ZAM Nyumba application Computing and Freedom 10-4 rue Léon Paulet 13008 Marseilles 4. Purposes The purposes of the processing implemented by Nyumba are to carry out all the operations necessary for the management, implementation and monitoring of the following services: - management of the services provided by Nyumba and associated services, if applicable; - newsletter subscriptions; - management of customer / prospect files; - processing of requests for information addressed to Nyumba; 5. Data collected and methods of collection For the management of its services, Nyumba processes or subcontracts in particular the following data: - processing of information requests: name, first name, email address, telephone: collected via websites, emails received and other requests: collected directly from the people concerned; - management of Nyumba services and associated services: name, first name, email, address, telephone number, date of birth, school, collected directly from the persons concerned and / or their legal representatives; 6. Retention period - newsletter subscription: The data is kept as long as the subscribers have not expressed their intention to no longer be subscribed to emailings, newsletters or events; - processing of information requests: time to process the request; - management of services: the duration of the service + legal prescription. 7. Authorized personnel Only authorized persons and Nyumba subcontractors or Nyumba customers (schools and / or teachers and / or students) have access to the data processed as well as the authorized administrative and judicial authorities, if applicable. 8. Possible transfers As part of the performance of its services, Nyumba may call on service providers located outside the European Union. 9. Security measures: organizational, IT Nyumba implements and will maintain appropriate technical and organizational security measures to protect the personal data processed against any security breach and to maintain the confidentiality of such data. This is an obligation of means. 10. Exercise of personal rights At any time, requests relating to the rights of persons can be addressed to Nyumba: Mr Julien PALAYODAN Email: julien@nyumba-app.com Phone: 06 71 01 62 52 Address K-ZAM Nyumba application Computing and Freedom 10-4 rue Léon Paulet 13008 Marseilles The request must contain the following information: - surname, first name of the person concerned; - indicate the right of which it intends to avail itself: right of access, rectification, deletion, opposition, portability, erasure, limitation of processing, withdrawal of its consent which will come into force upon receipt; - copy of an identity document to ensure the identity of the person initiating the request. Nyumba will respond as soon as possible. Any incomplete file cannot be processed. 11. Notification of security breaches Any security breach noted must be addressed to Nyumba within 48 hours maximum by email to the address julien@nyumba-app.com In the event of a notification failure, the following information will be requested: • the nature of the personal data breach including, where possible, the categories and approximate number of persons affected by the breach and the categories and approximate number of personal data records affected; • the name and contact details of the data protection officer (DPO), if applicable, or any contact from whom additional information can be obtained; • the likely consequences of the personal data breach; • the measures taken or that the controller proposes to take to remedy the personal data breach, including, where applicable, measures to mitigate any negative consequences. Nyumba will do its best to collaborate in the event of a security breach in order to remedy it as soon as possible. 12. CNIL entry Entries by the CNIL can be made at the following address https://www.cnil.fr/fr/notifier-une-violation-de-donnees-personnelles 13. Processing register In accordance with the regulations in force, the personal data processing carried out by Nyumba is recorded in a processing register kept in the company and updated each year. 14. Modification of the present These may be subject to updating. As such, the persons concerned are invited to read the latest version hereof available on the website: www.nyumba-app.com For more information, we invite you to contact us at the following address: julien@nyumba-app.com