Terms of Use

1 Purpose and platform overview

These Terms of Use (hereinafter "ToU") govern the conditions of access to and use of the ElyonPay platform (hereinafter "the Platform"), accessible at www.elyonpay.com, via the ElyonPay mobile application (iOS and Android) and through the ElyonPay API.

ElyonPay is a unified commerce platform offering the following services to entrepreneurs, merchants and developers across Africa and worldwide:

These ToU apply to all Users — Visitors, Buyers, Sellers or Developers — as soon as they access the Platform, regardless of the access method used (web browser, mobile application, API call).

2 Acceptance of the Terms of Use

Accessing the Platform and using its services implies full and unreserved acceptance of these ToU. This acceptance is formalised when:

• Creating a User account, by ticking the dedicated checkbox;
• Using the ElyonPay API, by signing a developer agreement;
• Simply browsing www.elyonpay.com, in the case of Visitors.

The User acknowledges having read these ToU before using the Platform and declares having the legal capacity to contract. If the User acts on behalf of a legal entity, they warrant that they have the authority to bind that entity.

3 Access to the platform

3.1 Technical requirements

Access to the Platform requires an Internet connection. ElyonPay is compatible with:

• Modern web browsers: Chrome (v90+), Firefox (v88+), Safari (v14+), Edge (v90+);
• iOS (v13+) and Android (v8+) mobile applications;
• API calls via HTTPS, in accordance with the official documentation at docs.elyonpay.com.

ElyonPay cannot be held liable for any inability to access the Platform due to the User's equipment, connection quality or software incompatibilities.

3.2 Geographic coverage

The ElyonPay Platform is accessible from all countries where services are available, including France, Cameroon, Côte d'Ivoire, Senegal, Burkina Faso, Mali, Democratic Republic of Congo, Republic of Congo, Gabon, and other countries progressively added. ElyonPay reserves the right to restrict access in certain countries for legal or regulatory reasons.

3.3 Free access

Account creation and browsing the Platform are free of charge. Only completed transactions and activated services give rise to commission fees, as per the rate schedule on the Pricing page.

4 Account creation and management

4.1 Registration

To access the Platform's full features, the User must create an account with accurate, complete and up-to-date information, including:

• First and last name (or company name for businesses);
• Valid email address;
• Phone number;
• Secure password;
• Country of residence or activity.

Additional information may be required to activate certain services (KYC — Know Your Customer procedure), particularly for Sellers and API integrators.

4.2 Account security

The User is solely responsible for the confidentiality of their login credentials. They agree to:

• Not share credentials with third parties;
• Choose a strong password and change it regularly;
• Enable two-factor authentication (2FA) where available;
• Immediately report any unauthorised use to ElyonPay at contact@elyonpay.com.

4.3 One account per user

Each User may only create one personal account. Creating multiple accounts to circumvent restrictions or obtain undue benefits is strictly prohibited and may result in the suspension of all accounts involved.

4.4 Identity verification (KYC)

In compliance with anti-money laundering regulations and partner payment operator requirements, ElyonPay may require identity verification before activating certain features (receiving payments, access to the commercial API, etc.). Documents requested may include: official identity document, proof of address, company registration certificate or equivalent for businesses.

5 Code of conduct and prohibited uses

By using the ElyonPay Platform, the User agrees to:

• Use the Platform in accordance with its intended purpose and applicable laws and regulations;
• Not attempt to gain unauthorised access to secure parts of the Platform;
• Not disrupt or interrupt Platform operations (DDoS attacks, malicious code injection, unauthorised automated scraping, etc.);
• Respect the rights of other Users and third parties;
• Not impersonate another person or entity;
• Not collect personal data of other Users without their explicit consent.

Any breach of these rules may result in immediate account suspension and legal proceedings.

6 Developer API usage

ElyonPay provides developers and integrators with a documented REST API enabling the integration of ElyonPay payment services into third-party applications.

6.1 API access requirements

Access to the ElyonPay API requires:

• Creating a developer account on the Platform;
• Accepting the specific developer terms and conditions;
• Generating API keys (public and secret) from the dashboard.

6.2 Developer obligations

The developer agrees to:

• Use the API in accordance with the official documentation at docs.elyonpay.com;
• Protect API keys and not expose them publicly (public GitHub repositories, client-side code, etc.);
• Respect the rate limits defined by ElyonPay;
• Test integrations in the sandbox environment before going live;
• Inform end users of the use of ElyonPay payment services;
• Not use the API for purposes contrary to these ToU or the GTS.

6.3 Developer liability

The developer is solely responsible for the correct implementation of the API in their application and the security of their integration. ElyonPay cannot be held liable for malfunctions resulting from an incorrect implementation.

7 Cookies and tracking technologies

The ElyonPay Platform uses cookies and similar technologies (pixels, web beacons, local storage) to improve user experience and ensure the proper functioning of services.

7.1 Types of cookies used

• Essential cookies: necessary for the Platform to function (session, authentication, security). They cannot be disabled.
• Performance cookies: collect anonymous data on Platform usage to improve services.
• Functional cookies: remember User preferences (language, currency, display settings).
• Analytical cookies: used via audience analysis tools (e.g. Google Analytics) to measure traffic and improve the Platform.

7.2 Cookie management

Users can manage their cookie preferences through their browser settings. Disabling essential cookies may prevent access to certain Platform features.

8 User-generated content

Users, particularly Sellers, may publish content on the ElyonPay Platform (product descriptions, photos, reviews, comments, etc.).

8.1 Content liability

The User is solely responsible for the content they publish. They warrant to ElyonPay that such content does not infringe any intellectual property rights, does not contain false or defamatory information, is not unlawful or contrary to public morals, and respects the privacy and image rights of persons depicted.

8.2 Licence granted to ElyonPay

By publishing content on the Platform, the User grants ElyonPay a non-exclusive, worldwide, royalty-free and transferable licence to use, reproduce, modify, adapt, publish and distribute such content solely for the purpose of providing and promoting ElyonPay's services.

8.3 Content moderation

ElyonPay reserves the right to remove without notice any content that does not comply with these ToU or that may harm the Platform's reputation or third-party rights, without such decision giving rise to any liability on ElyonPay's part.

9 Hyperlinks and third-party sites

The ElyonPay Platform may contain hyperlinks to third-party websites (partners, carriers, Mobile Money operators, social networks, etc.). These links are provided for informational purposes only.

ElyonPay has no control over the content of these third-party sites and accepts no liability for their content, privacy practices or availability. Use of these sites is governed by their own terms of use and privacy policies.

10 Availability and maintenance

ElyonPay aims to ensure Platform availability 24/7 with a target uptime of 99.5% on a monthly basis. Interruptions may however occur in the following cases:

• Planned maintenance: notification by email and/or dashboard at least 48 hours in advance, except in emergencies;
• Technical incidents: unforeseen outages, bugs, cyberattacks;
• Force majeure: natural disasters, wars, epidemics, widespread power outages;
• Regulatory decisions: court or regulatory orders.

11 Intellectual property

All elements of the ElyonPay Platform (trademarks, logos, domain names, graphical interfaces, source code, databases, algorithms, texts, images, sounds and videos) are the exclusive property of ElyonPay Global Technologies Holding or its licensors, and are protected by applicable intellectual property rights in France, the European Union and internationally.

Any reproduction, representation, modification, publication, adaptation or exploitation — in whole or in part — of these elements, without ElyonPay's prior, express and written authorisation, is strictly prohibited and constitutes an infringement punishable under applicable laws.

The "ElyonPay" trademark and associated logo are registered trademarks. Any unauthorised use may give rise to civil and criminal liability.

12 Security and confidentiality

ElyonPay implements high-level technical and organisational security measures to protect the Platform and Users' data:

• 256-bit SSL/TLS encryption for all communications;
• PCI DSS compliance for bank card data processing;
• ISO 27001 certification for information security management;
• Two-factor authentication (2FA) available for all accounts;
• 24/7 monitoring of suspicious transactions by anti-fraud systems;
• Regular backups and disaster recovery plan in the event of an incident.

Despite these measures, no system is infallible. ElyonPay cannot guarantee absolute security. Users are encouraged to report any vulnerability or suspicious behaviour to security@elyonpay.com.

13 Personal data (GDPR)

ElyonPay processes its Users' personal data in compliance with the General Data Protection Regulation (GDPR — EU Regulation 2016/679) and the French Data Protection Act of 6 January 1978 as amended.

13.1 Data collected

• Identification data: name, email, phone, address;
• Login data: IP address, browser type, session identifier;
• Transaction data: amounts, dates, payment methods, identifiers;
• KYC data: identity documents, business certificates (Sellers and developers);
• Usage data: pages visited, features used, preferences.

13.2 Users' rights

These rights may be exercised by contacting ElyonPay at contact@elyonpay.com or by post: ElyonPay Global Technologies Holding, 10 Rue de la Paix, 75002 Paris, France. Guaranteed response within 30 days.

For unresolved complaints, Users may contact the CNIL at www.cnil.fr or their local data protection authority.

14 Liability

14.1 Limitation of ElyonPay's liability

ElyonPay acts as a technical service provider and payment intermediary. Its liability is limited to the obligations expressly set out in these ToU. ElyonPay shall not in particular be liable for:

• Indirect, immaterial, consequential or punitive damages resulting from the use of the Platform;
• Data losses resulting from a technical failure or User error;
• Content published by third parties on the Platform;
• Acts or omissions of payment operators, carriers and other third-party service providers;
• Cyberattacks despite the security measures in place;
• Fraudulent use of credentials due to the User's failure to meet their security obligations.

14.2 User liability

The User is solely responsible for their use of the Platform and the content they publish. They indemnify ElyonPay against any third-party claim, complaint, action or demand arising from their activities on the Platform.

15 Amendment and termination

15.1 Amendment of ToU

ElyonPay reserves the right to amend these ToU at any time, particularly to adapt to legal, regulatory or technical developments. Amendments will be notified by email and/or dashboard notification with at least 30 days' notice. Continued use of the Platform after the effective date constitutes acceptance of the updated ToU.

15.2 Termination by the User

The User may close their account at any time via their personal account settings or by contacting ElyonPay at contact@elyonpay.com. Closure results in deletion of data in accordance with ElyonPay's retention policy, subject to legal retention obligations.

15.3 Termination by ElyonPay

ElyonPay may suspend or terminate a User's access, with or without notice depending on the severity of the circumstances, in cases of: breach of these ToU or GTS, fraudulent or unlawful behaviour, Platform security threats, failure to meet KYC obligations, or prolonged account inactivity (more than 24 months without login).

16 Governing law and disputes

These ToU are governed by French law, in accordance with the Civil Code and the Law on Confidence in the Digital Economy (LCEN) of 21 June 2004. For Users residing in ECOWAS or CEMAC member states, applicable local law applies on a complementary basis.

In the event of a dispute, the parties undertake to seek an amicable resolution within 30 days. Failing that, the courts of Paris (France) shall have exclusive jurisdiction.

17 Final provisions

17.1 Entire agreement

These ToU, together with the GTS for Sellers and Buyers, constitute the entire agreement between ElyonPay and the User regarding use of the Platform.

17.2 Severability

If one or more provisions of these ToU are declared null or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Non-waiver

ElyonPay's failure to invoke any provision of these ToU shall not constitute a waiver of its right to invoke it at a later date.

17.4 Contact

For any question relating to these ToU:

• Email: contact@elyonpay.com
• Post: ElyonPay Global Technologies Holding, 10 Rue de la Paix, 75002 Paris, France
• Website: www.elyonpay.com