Tusky

Terms of Service – Consumer

Last updated 11 November 2024

These terms are specifically for consumers. If you are a business, please consult the Terms of Service – Business.

The website https://tusky.io/ and applications https://app.tusky.io/ are owned and operated by:

ZERO KNOWLEDGE COLLECTIVE SAS

Simplified joint stock company under French law with a registered capital of 1.000 €
Entered on the Paris Trade and Companies Register under number 893 172 429
Registered office: 59, rue de Ponthieu, Bureau 562, 75008 Paris
Email

VAT number: FR66893172429

1. Definitions

Capitalized terms and expressions have the meaning given in Appendix 1.

2. Description of the Tusky Platform

ZERO KNOWLEDGE COLLECTIVE SAS (hereinafter “ZKC” or “We” or “Us”) publishes and offers by means of its website https://www.tusky.io/, application https://app.tusky.io/, API https://docs.tusky.io/, or any other URL that may be added or used as a substitute, outsourced computer services (hereinafter the “Tusky Platform”).

The Tusky Platform allows the Client to upload, transfer and realize collaborative sharing of Data and transactions in a secure manner, with end-to-end encryption of files organized into Vaults.

These Data and transactions are accessible on the Tusky Platform and are hosted using the Walrus protocol (which stores metadata, settles payments and manages nodes on the Sui blockchain) hereafter also called the “Walrus Network”, managed by Mysten Labs Inc. acting under the Company number 87-2459083, whose registered office is located 379 University Ave, #200 Palo Alto, CA 94301, United States of America.

The Tusky Platform is a digital platform designed for securing digital assets using decentralized storage, hosted on the Walrus Network. In other words, the Tusky Platform is the user interface that enables the Client to drop and visualize its Data hosted on the Walrus Network, in accordance with the Terms of Service of Mysten Labs. Walrus terms of service are available here: https://docs.walrus.site/walru... 

To ensure high-speed data transmission and storage until the Data is stored on the Walrus Network, Zero Knowledge Collective uses a caching layer on the AWS Cloud network, through Amazon CloudFront, which is a content delivery network (CDN) service that helps clients distribute the static and dynamic content quickly and reliably with high-speed performance, security, and developer ease-of-use. AWS terms of service are available here: https://aws.amazon.com/legal/?...

3. Scope of application of the T&Cs

The purpose of these Terms and Conditions of Service is to define the terms and conditions under which ZKC grants the User, acting as a consumer, as defined hereinafter, the right to access and use the Tusky Platform and the Services (hereinafter the “General Terms and Conditions” or “T&Cs”).

Any access to the Tusky Platform and any use of the Services, regardless of the technical means of access and the terminals used, implies the full and entire acceptance of the T&Cs, with no restriction or reservation, in the version applicable on the day of the creation of the User Account and/or the purchase of Storage Space. The T&Cs may be supplemented by special terms and conditions included in documents that may take different forms, notably the Privacy Policy available here https://tusky.io/privacy-policy and the specific Services order (hereinafter the “Agreement”). Data storage on the Walrus Network also implies the full and entire acceptance of the Terms of Service of Mysten Labs, with no restriction or reservation, in the version applicable on the day of the storage.

The T&Cs can be read, downloaded, and printed from the Tusky Platform at any time. We strongly invite You to download the T&Cs for conservation and reproduction. The T&Cs are drafted in English. In the event of translation, the English version of the T&C will prevail.

We reserve the right to modify the T&Cs and the Services at any time. These modifications will be brought to the Client's attention by any means one (1) month before the changes come into effect. In the event of substantial changes to these T&Cs or the nature of the Services provided through these T&Cs, a distinction must be made between the following situations:

  • Either the Client consents to said substantial changes or does not expressly refuse them, in which case they shall automatically come into effect on the date provided for in the notification;
  • Or the Client refuses the substantial amendments, in which case the T&Cs shall be automatically terminated and without compensation upon entry into effect of the amended T&Cs.

4. Technical prerequisites for accessing the Tusky Platform and the Services

You undertake to select, maintain, and bear the cost for an appropriate Internet network in order to access the Tusky Platform and to use the Services.

You represent that You have good knowledge of the Internet network, its characteristics, and limitations, and You release ZKC of any liability in this regard.

You shall be responsible for the physical and logical security of the individual terminals used to access the Services.

We exclude any liability for lack of conformity should the latter be attributable to the incompatibility between the digital service and Your digital environment.

5. Accessibility of the Tusky Platform and the Services - Suspension

Accessibility. We undertake that the Tusky Platform shall be accessible 24 hours a day and 7 days a week.

Due to the constraints of the Internet network, We cannot guarantee the uninterrupted operation of the Tusky Platform and the Services free of any error. We hereby exclude any liability for any damage related to an interruption or temporary or definitive impossibility to access the Tusky Platform and/or the Services due to a malfunction or a saturation of the networks, breakdowns or technical problems affecting the Internet network or Your equipment.

We implement appropriate technical measures to ensure the availability and security of the Tusky Platform. The Data uploaded to Encrypted Vaults through the Tusky Platform is encrypted – for more information visit https://docs.tusky.io/.

We shall inform and supply the Users with updates, including security updates, that are necessary to keep the digital service in conformity for the period of time during which the Services are supplied under the T&Cs. We will also provide You with all the instructions related to the installation of updates. Should the User refuse to install the necessary updates, within a period of thirty (30) days, We exclude any liability for lack of conformity of the Services.

Since the Data upload through the Tusky Platform are stored on the Walrus Network, the availability of the Data is subject to the availability of the Walrus Network, for which We exclude any liability.

Suspension. We may, without limitation to any other rights or remedies, suspend the access to the Services or the User Account or any other aspect of the Tusky Platform, at any time and without prior notice (except for (iii)), if : (i) You do not comply with the T&Cs and/or the Terms and Conditions of Walrus Network, (ii) You have violated applicable laws and regulations, (iii) We have planned a maintenance operation, for which Your received prior information, (iv) We received a request from a competent administrative or judicial authority, (v) We received a notification from a third party within the meaning of Article 6 of the Law for Confidence in the Digital Economy ("LCEN"), (vi) Your use of the Services poses a security risk, (vii) You expose ZKC to third party liability.

The suspension of a User Account for a temporary period of time leads to not being able to log into the Tusky Platform, not being able to read/write Data to Vaults, buy Storage Space or update profile.

The User would still be able to reach Data on the Walrus Network (though those are encrypted Data and decryption can only happen over tusky.io).

In the event that they result from a breach of the User's obligations, the aforementioned suspensions are without prejudice to Our right to terminate the Agreement under the conditions provided for in the article "Termination for breach" below and to request compensation for the damage suffered. The suspension of Services does not lead to the deletion of the Data on the Walrus Network.

6. User Account

Creation of the User Account. To access the Tusky Platform and the Services, You must register on the Tusky Platform, accept the T&Cs and the Documentation, and hold a User Account. You also agree to comply with the Walrus Terms of Service.

The creation of a User Account is free of charge and leads to the creation of a Wallet when creating private vaults, with a limited initial storage capacity on the Walrus Network.

Identifier – Security. At the time of the creation of a User Account, You build Your Identifier by providing a valid OAuth account (Google, Twitch, Facebook) or your own Sui Wallet, and later a password if creating encrypted vaults. The password is Your shortcut for accessing a specific Wallet containing the encryption keys – this wallet is generated by Tusky and is not the same as the Sui wallet that can be used for authentication. Once you have generated a password, we advise you to generate a recovery phrase in the Account > Security section of the app. The recovery phrase is your means to regain access to private data if you forget or lose your password.

The password is essentially the access control to your Wallet containing the encryption keys. The password is created by yourself and is not retained by us. The recovery phrase is generated by You and we do not have access to Your recovery phrase. You are therefore solely responsible for keeping your password and recovery phrase in a safe and secure place. You understand and accept that the loss of the password will entail the loss of access to your Private Data unless you have generated and have access to the recovery phrase. You can still access Your Public Data with Your wallet or OAuth account.

You undertake to inform us of any changes regarding the information provided (by email or by means of the User Account) and shall be liable in the event of any malfunction due to erroneous information.

The Services are accessed by means of an authentication process (two-step verification) through the use of the Identifier, by means of a connection to the Internet network. The use of the Identifier is considered as proof of use of the Services by the Client.

You are responsible to ensure that the Identifier and, if created, password are kept confidential. To ensure a high level of protection of the information stored in the User Account, You are responsible for regularly changing the password. You must disconnect by means of the link provided for this purpose at the end of each use of the User Account. In under no circumstances We may be held liable for any misuse or fraudulent use of the Identifiers.

In the event of the misappropriation of Your Identifier, You must immediately inform us at the following address : 59, rue de Ponthieu, Bureau 562, 75008 Paris or by email to allow us to suspend access to Your User Account.

You are responsible for maintaining (i) the confidentiality of Your Identifier and password and (ii) the security of Your User account. You are fully responsible for all activities that occur under Your User Account, whether or not You authorized that activity, as well as your interaction with other users.

7. Description of the Services

Through Your User Account, You are able to:

  • create virtual spaces, through Public or Encrypted Vaults, to store Data online on the Walrus Network and to be shared as such (virtual data room);
  • encrypt the Data only for Encrypted Vaults. In addition to encryption in transit and encryption at rest, all exchanged Data in Encrypted Vaults on the Tusky Platform is end-to-end encrypted. In other words, everything is encrypted locally, before it ever leaves Your device. We use industry standard algorithms to perform all cryptographic operations. For performance, We use hybrid encryption, meaning that Data is encrypted using a unique symmetric key, and then that key is encrypted with the recipient's public key using asymmetric encryption. It also means that encrypted Data can be stored in the cloud once, and access to it can be managed at the key re-encryption level. Both the symmetric and asymmetric encryption. We apply authentication under the hood, so that Data integrity is always ensured and cannot be tampered with;
  • access to Storage Space, where the User can upload Data to be stored on the Walrus Network, once encrypted;
  • provide a Wallet, for your authentication;
  • invite other Users to participate and to manage their rights over the Data;
  • share the Data between Users, i.e. with friends and family;
  • consult the shared Data;

Public Vaults are not encrypted and will be stored on the Walrus Network. Anyone could access this Data at any time, so if there are any concerns about sharing the data publicly this should be stored within Encrypted Vaults.

Services are free of charge only for thirty (30) days, within the storage capacity specified when creating the User Account. At the end of this period of thirty (30) days or if the maximum storage capacity is reached before the end of this period, User can purchase Storage Space through their User Account, as a monthly or annual subscription, at the price applicable at the purchase date. The purchase implies the full and entire acceptance of the applicable pricing conditions.

Before confirming the purchase, the Client has the possibility to review the offer selected, the price and may, if necessary, modify all or part of the order. We will send You an acknowledgement of receipt and confirmation of the purchase, which will include details of the transaction, the total amount and the applicable version of the T&Cs.

We reserve the right to refuse any purchase in the event of a dispute regarding outstanding amounts or any breach of the T&Cs involving the User. The purchase, and the resulting rights and obligations, enters into force on the date of activation.

Any order is considered to be placed on the day it is received by ZKC. Any order summary confirmed by the Client constitutes an irrevocable commitment. This document, to be kept, constitutes the proof of the Client's order. Orders can be placed solely by electronic means pursuant to articles 1366 and seq. of the French Civil Code (Code Civil) that acknowledge that an electronic signature has the same legal force as a signature on paper. The contractual documents are archived on a reliable and durable medium that may be produced as proof. You can always access Your previous purchases through Your User Account.

You can subscribe for extended storage on the Walrus Network, provided that funds are available to maintain the Storage Services, that the Walrus Network continues to offer its services and/or that theWalrus Network remains operational.

Subscriptions are renewable by tacit agreement for the same duration, unless terminated by either Party in accordance with Article 12.

8. Right of withdrawal

The provisions of said article only apply to UE Clients.

In accordance with articles L221-18 and following of the French Consumer Code, the Client has the right to withdraw from the Agreement without giving any reason. The withdrawal period expires fourteen (14) days after the day of the purchase or subscription.

To exercise the right of withdrawal, the Client must notify us of his/her decision to withdraw from the Agreement by using the sample opt-out form provided at the end of this document. While the Client may use this template withdrawal form, doing so is not mandatory.

To ensure that the withdrawal period is respected, it is sufficient to send the notice of withdrawal before the expiration of the withdrawal period.

In the case of withdrawal, We will refund without costs all payments received, using the same payment method You used for the original transaction, without undue delay and in any event no later than fourteen (14) days from the day on which We are informed of the decision of the Client to withdraw from this Agreement.

9. Financial conditions

9.1 Price

The prices are described on the Tusky Platform and are expressed in USD, including all taxes.

The prices may vary at any time. The applicable price is that in force on the purchase date.

9.2 Payment

Each invoice is sent to the Client by email. The invoices issued are also available on the User Account. Invoices are payable net, without any discount.

Payments are to be made at the time of the purchase. Payments are made by the Client by bank card, by direct debit (on the Tusky Platform), by means of the service provider, Stripe. The Client is duly informed that the payment is subject to the understanding and full acceptance of Stripe's terms and conditions https://stripe.com/fr/ssa. The Client warrants to hold all the authorizations required to use the payment method chosen.

In the event of a late payment, ZKC may request the payment of a compensation fee, upon justification.

10. Interaction with other Users – Reporting illegal content

Interaction with other Users. You are solely responsible for Your interactions with other Users and We exclude any liability for the conduct of the Users through the Tusky Platform. In no event, shall We be liable (directly or indirectly) for any losses or damages, whatsoever, arising out of or relating to conduct of a User or anyone else in connection with the use of the Tusky Platform and the Services.

Reporting illegal content. ZKC has established a form for reporting illegal content or activities being distributed on the Tusky Platform.

Reports can be submitted in the following ways:

  • Via the following email: support@tusky.io
  • By post to the following address: Zero Knowledge Collective SAS - 59, rue de Ponthieu, Bureau 562, 75008 Paris

In order to be considered valid, your report must include the following information:

  • the location of the reported content,
  • the legal basis on which the reported content is deemed illegal,
  • a description of the infringement: please ensure that you do not include any confidential or personal information that you do not wish to share with the User, as this information will be disclosed,
  • your identity: your first and last name,
  • an email address where you can receive updates regarding your report,
  • a declaration of good faith by which you acknowledge that presenting content as unlawful, with the knowledge that this information is inaccurate, may be subject to legal action.

Reports lacking the above-mentioned information will be disregarded.

Upon receiving Your report, ZKC will confirm its receipt by emailing the contact address you provided. ZKC will then assess the admissibility of Your report. If Your report fills the criteria mentioned above, it will be forwarded to the User so they can take the necessary measures. Once the report has been processed, You will receive an email confirming that actions have been taken to address and resolve the reported issue.

11. Data provided by the Users – Deletion of Data on the Tusky Platform

You are and remain the owner of the Data You use or share by means of the Services. You are solely responsible for the Data, their content and the decryption thereof.

The User is informed that the Data will be stored on the Walrus Network and is aware of the specificity of theWalrus Network as described in the Terms of Service of Mysten Labs.

ZKC undertakes to maintain the confidential nature of the Data through using the Tusky Platform and the Services, within the limits of the Walrus Network.

We do make an end-to-end encrypted (unless the Data is in a Public Vault where data is not encrypted) and ensure that the Data has been correctly uploaded and stored on the Walrus Network.

The User is solely liable for the lawfulness of the Data that it transmits for the purpose of using the Services. The User shall not transmit unlawful Data via the Services.

We exclude any liability regarding the Data and the content of the Data processed by the User by means of the Services.

ZKC does not intervene in the management of the Data and refrains from accessing said Data for any purpose other than for the performance of the Services, or in case of the receipt of an order to act against one or more specific items of illegal content or to provide information and provided that ZKC has the technical ability to access said content. The User grants ZKC with a license to use the Data solely for the performance of the Services.

The Data uploaded and stored can be deleted on the Walrus Network through the Tusky Platform, which will prevent anyone from renaming, moving, downloading or viewing the corresponding file.

Data will be removed from the Walrus Network at the end of the current epoch, each epoch lasting twenty-four (24) hours, when a file has been selected for permanent deletion. There may, therefore, be a period of time, within twenty-four (24) hours, when Data is still accessible on the Walrus Network after the User has requested permanent deletion.

You must ensure that You always carefully consider the nature of the storage, before uploading files, as not all Data will be suitable. Please consult any relevant data protection laws.

The User grants ZKC the right to use the Data uploaded to the Tusky Platform solely for the purpose of transmitting it to the Walrus Network and for the duration of the Services.

12. Duration and termination

Duration. The Agreement is concluded for a undetermined period of time and will remain in force as long as Your User Account is active and funds exist to continue providing the Tusky Services.

Termination for convenience. You may end, at any time and free of charge, the Agreement through the User Account section of the Tusky Platform or by informing us by email at deletion@tusky.io to allow us to delete Your User Account. The termination of the Agreement leads to the deletion of a User Account. You must retrieve your Data before the termination of the Agreement. Once the User Account has been terminated, it will no longer be possible to retrieve the Data.

This paragraph does not affect the right of ZKC to suspend or interrupt the Services under the conditions provided for in the T&Cs, particularly in case of non-compliance with the provisions of the T&Cs or with applicable laws and regulations.

Termination for breach. Failure by one of the Parties to comply with all or part of its obligations according to the Agreement may result in, without limitation, termination of the Agreement or paying monetary damages.

The Agreement may be terminated by email after notifying the defaulting Party of the breaches in question, provided that no response has been received within seven (7) calendar days.

Notwithstanding the foregoing, in the event of fraudulent use of the Services, or use made in violation of the rights of a third party, We may terminate the Agreement by email and without prior notice. This paragraph does not affect Our right to suspend or interrupt the Services under the conditions provided for in the T&Cs, particularly in case of non-compliance with the provisions of the T&Cs or with applicable laws and regulations. Termination for default is without prejudice to any damages that may be claimed from the defaulting Party.

Consequences of Agreement termination. The termination of the Agreement leads to the deletion of a User Account.

Provisions of the T&Cs related to the following subjects will survive the termination of the T&Cs: Payment, Data provided by the Users, Revocation of Data, Intellectual Property, Confidentiality, Personal Data, Liability and Miscellaneous.

13. Undertakings and guarantees of the Users

The User undertakes to comply with the T&Cs, the instructions regarding access to and the use of the Tusky Platform and the Services, in particular the Documentation, and all the laws and regulations in place.

The User shall take the necessary measures to maintain the Identifier and the password confidential and to prevent the Identifier and the password from being compromised or disclosed. We will not be liable for any losses you might suffer due to the loss, disclosure or personal misplacement of the Identifier or password.

The User undertakes not to use the Services in order to send any unsolicited or unauthorized advertising, promotional material, junk email, email, spam or other form of solicitation.

The use of the Services, and in particular the storage of the Data, is carried out under the User’s sole liability. The Data must be lawful and be used in accordance with the rules of art and the laws and regulations in force.

The User undertakes and guarantees that the Data:

  • adhere to the regulations in force, in particular with regard to third party rights, intellectual property rights (copyright, patents, databases, trademarks, trade secret, etc.), personality rights, and the applicable regulations with regard to protecting Personal Data;
  • are licit and/or are not contrary to public order or morality;
  • are not contrary to human dignity (inciting discrimination or racial hatred; of an offensive, defamatory or racist nature; images, videos or content of a pornographic or pedophilic nature, etc.);
  • do not contain any virus or programs that destroy data or that may disrupt the operation of the Services or cause any harm to other Users.

The User guarantees that it holds all the rights, in particular intellectual property, or authorizations necessary to use the Data by means of the Services. The User shall, at first request, hold ZKC harmless against any prejudice that may result from any accusation by a third party for breach of this guarantee.

The User undertakes to promptly report any difficulty encountered in the use of the Services.

We may not be held liable, in any manner, for any failure, faults or bugs caused by any breach of the User’s obligations.

14. Legal warranty

The Services being digital services, which are continuously supplied, ZKC is liable for the lack of conformity that might have existed at the time of supply and became apparent within the contractual supply period.

This warranty period applies without prejudice to articles 2224 and following of the Civil Code.

The starting point of the limitation period for the consumer's action is the day of which the consumer becomes aware of the lack of conformity.

15. Intellectual Property

15.1 Intellectual property of ZKC over the content available on the Tusky Platform

The content that is available on the Tusky Platform (text, images, diagrams, drawings, photographs, etc.), the structure, the software implemented for the operation of the Tusky Platform and the name Tusky are the exclusive property of ZKC. Any representation or reproduction, in whole or in part, translation, adaptation or arrangement made without Our consent constitutes an infringement. The related rights are reserved for all countries and for the duration of the intellectual property rights. Any use covered by the aforementioned rights may only take place with the express, written and prior authorisation, by submitting a written request by email to the following address: support@tusky.io

15.2 The right to use the Tusky Platform

For the purposes of using the Services, We grant You a non-exclusive, non-transferable and non-assignable right to access and use the Tusky Platform, under the limits stipulated in the Agreement and without any right to sub-license. The User undertakes to only use the Tusky Platform and the Services for its own use and as an end user, with the exclusion of any commercial purposes.

Therefore, the User undertakes to refrain from:

  • copying or reproducing, distributing, modifying or adapting the Tusky Platform in whole or in part, by any means and in any form;
  • translating or transcribing the Tusky Platform in any other language or adding to it any object that does not comply with its specification;
  • decompiling or reverse engineering the code of the Tusky Platform, beyond that which is permitted by law;
  • distributing, marketing, licensing, assigning or transferring, in any manner, with or without consideration, the Tusky Platform or the Services or a similar application or services to those provided by ZKC;
  • authorising access to and the use of the Tusky Platform or the Services by a third party or attempting to access the Tusky Platform or the Services in any unauthorised manner;
  • granting any right and constituting any guarantee, security or privilege of any kind over the Tusky Platform or the Services to the benefit of any third party;
  • integrating the Tusky Platform into any other computer or digital works or into any products;
  • introducing into the Tusky Platform or the Services any computer virus, Trojan horse or any other malware designed to hinder, falsify, interrupt, destroy or limit the normal operation of the functions of the Tusky Platform or the Services or in a general manner any software, computer, server or electronic communications tool.

We are and remain the holder of all of the intellectual property rights over the Tusky Platform, the Services, Our brands, and more generally over all documents of all kinds communicated by ZKC in the context of the T&Cs. We represent and warrant that the Tusky Platform is not likely to infringe the rights of any third parties.

The provisions of the T&Cs may not be interpreted as granting any intellectual property rights to the benefit of the User. The User undertakes to respect all ZKC’s intellectual property rights. Any breach of the provisions of this article may lead to the automatic termination of the T&Cs by ZKC, with the consequences set out above.

The User shall immediately inform Us of any reproduction, imitation or other infringement of the Services of which it may be aware.

16. Liability

We undertake, in accordance with Our obligation of means, to provide access to the Tusky Platform and to the Services, excluding the supply of the Walrus Network, which remain under development as mentioned in the Terms of Service of the Walrus Network, for which we exclude all liability.

The Services are provided to you “as-is” and “with all faults”. We do not guarantee the functionality, quality of fitness for a particular purpose of the Services and/or that the Services shall be adapted to the nature of the Data, which only the User is able to assess. We may exonerate all or part of Our liability by providing evidence that the non-execution or defective execution of Our obligations is due either to the User, a third party or an occurrence of force majeure.

We shall not be liable for any malfunctions caused by the poor or inappropriate use of the Services by the User, any use contrary to the recommendations available on the Tusky Platform or under conditions not foreseen by ZKC or that do not comply with the Documentation, or any use by an unauthorized person, or any use that does not comply with the laws applicable to You.

17. Force majeure

The Parties may not be held liable for any failure to perform the obligations provided for in the Agreement if this failure is due to an occurrence of force majeure, it is being understood that the assume the responsibility to limit negative consequences for the other Party to the greatest extent possible.

It is specified that only events that are actions, legal positions, or facts, including any unforeseeable circumstances that are beyond the Parties’ control and make it impossible to perform any of the aforementioned obligations, in accordance with the case law of French courts, shall be considered as acts of God or force majeure.

To benefit from the exemption due to force majeure, the Party that suffers the effects must, where possible, notify the other Party within no more than fifteen (15) business days from the occurrence of the event, by certified mail with return receipt requested. In the event of an occurrence of force majeure, the performance schedule shall be extended by a period at least equivalent to the delay incurred. However, the Parties assume the responsibility to take any action necessary to minimize the delay. The Parties shall consult to determine any provisions that may be taken to reduce the consequences and the duration of the occurrence of an event of force majeure. In the event that the duration of the occurrence of force majeure is greater than thirty (30) calendar days, either Party may terminate the Agreement after serving notice to the other Party by certified mail with return receipt requested.

18. Processing of personal data

The provisions of said article only apply to EU clients.

In the context of the Agreement, the Parties both undertake to comply with the regulations in force regarding protecting personal data, in particular the General Data Protection Regulation of 27 April, 2016 (hereafter the “GDPR”) and the French Data Protection Act—Law No. 78-17 of 6 January 1978 regarding computing, files and civil liberties as amended (hereafter the “French Data Protection Act”).

18.1. Tusky's obligations as data controller

It is recalled that in its capacity as data controller, Tusky carries out the automated or non-automated processing of the Client’s Personal Data or that of any relevant natural person, with regard in particular to operations required for the management of Clients and carrying out marketing operations. The Client is invited to refer to the Privacy policy, which is available at https://Tusky.com/privacy-poli... which governs the conditions under which the Clients’ Personal Data are collected and processed by Tusky, in its capacity as data controller, pursuant to the aforementioned regulation.

18.2. Tusky 's obligations as data processor

Scope. The purpose of this article is to define the conditions under which Tusky undertakes, as a data processor, to carry out on the Client’s behalf, acting as data controller, the Personal Data processing operations defined below.

Description of the processing being subcontracted out. Tusky is authorized to process on behalf of the Client, the necessary Personal Data for providing the Services, it being specified that:

  • the nature and purpose of the processing are: Data transfer, Data access, Data sharing. If the Client requests Tusky to implement processing for other purposes, the Client must specify such request in writing;
  • the categories of data subjects are Clients, including Users;
  • provided that the strictly necessary Personal Data for the provision of Services by Tusky, the Personal Data processed are: surname, first name, e-mail address, postal address and data for payments managed by Stripe.

Tusky's obligations with respect to the controller. Tusky shall undertake to:

  • process Personal Data solely for the purpose(s) subject to the sub-contracting;
  • process Personal Data in accordance with the description of the Services. Where Tusky considers that an instruction infringes the GDPR or of any other provision of the law of the Union or of the law of Member States bearing on Data protection, it shall immediately inform the Client. A written and documented refusal on the part of Tusky shall not entitle the Client to terminate the Agreement, except for the latter to incur liability towards Tusky. Moreover, where Tuskyis obliged to transfer Personal Data to a third country or an international organization, under Union law or Member State law which it is subject, it shall inform the Client of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
  • guarantee the confidentiality and security of Personal Data processed hereunder;
  • ensure that the persons authorized to process the Personal Data hereunder:
    • are only persons whose functions require access to Personal Data for the strict performance of the tasks entrusted. Tusky shall undertake to take or adapt any internal measures in terms of internal organization or technical to limit any disclosure of Personal Data to third parties;
    • have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
    • receive the appropriate personal data training. Tusky undertakes to implement all necessary provisions in order to ensure compliance with the above rules by its employees;
  • take into consideration, in terms of its tools, products, applications or services, the principles of data protection by design and by default

Sub-contracting. Tusky may engage another processor (hereinafter the "Sub-processor") to conduct specific processing activities. In this case, Tusky shall inform the Client, in writing beforehand, of any intended changes concerning the addition or replacement of other processors. This information must clearly indicate which processing activities are being subcontracted out, the name and contact details of the sub-processor and the dates of the subcontract. The Client has a minimum timeframe of fifteen (15) days from the date on which it receives said information to object thereto. Such sub-contracting is only possible where the Client has not objected thereto within the agreed timeframe.

The Sub-processor is obliged to comply with the obligations hereunder on behalf of and on instructions from the Client. It is Tusky’s responsibility to ensure that the Sub-processor provides the same sufficient guarantees to implement appropriate technical and organizational measures in such a manner that processing meets the requirements of the GDPR. Where the Sub-processor fails to fulfil its data protection obligations, Tusky remains fully liable with regard to the Client for the Sub-processor's performance of its obligations.

Personal Data are stored and processed by a Data host Sub-contracted by Tusky on servers located exclusively on the territory of the European Union and are not subject to any transfer outside the European Union without the prior written consent of the Client, except in application of a decision on adequacy of the European Union which allows a processing provider to export Personal Data without specific authorization. The Client shall ask Tusky for the security measures put in place by the hosting company.

Data subjects' right to information. It is Tusky’s responsibility to inform the data subjects concerned by the processing operations at the time data are being collected

Exercise of data subjects' rights. Tusky shall assist the Client, insofar as this is possible, for the fulfilment of its obligation to respond to requests for exercising the data subject's rights: right of access, to rectification, erasure and to object, right to restriction of processing, right to data portability, right not to be subject to an automated individual decision (including profiling).

Where the data subjects submit requests to Tusky to exercise their rights, Tusky must send these requests upon reception by e-mail to the e-mail address communicated by the Client.

Notification of personal data breaches. Tusky shall notify the Client of any Personal Data breach not later than forty-eight (48) hours after having become aware of it via email. Said notification shall be sent along with any necessary documentation to enable the Client, where necessary, to notify this breach to the competent supervisory authority.

Assistance lent by the processor to the controller regarding compliance with its obligations. Tusky assists the Client in carrying out data protection impact assessments, where required. Tusky assists the Client with regard to prior consultation of the supervisory authority.

Fate of data. At the end of the service bearing on the processing of such data, Tusky undertakes to return and destroy all Personal Data to the Client.

Data protection officer. Tusky communicates to the Client the name and contact details of its data protection officer, if it has designated one in accordance with Article 37 of the GDPR.

Record of categories of processing activities. Tusky states that it maintains a written record of all categories of processing activities carried out on behalf of the Client.

Documentation. Tusky provides the Client with the necessary documentation for demonstrating compliance with all of its obligations and for allowing the controller or any other auditor it has authorized to conduct audits, including inspections, and for contributing to such audits.

18.3. Controller's obligations with respect to the processor

The Client undertakes to:

  • provide Tusky with the necessary Personal Data for the execution of its mission as a sub-contractor;
  • document, in writing, any instruction bearing on the processing of data by Tusky;
  • ensure, before and throughout the processing, compliance with the obligations set out in the GDPR on Tusky 's part;
  • supervise the processing, including by conducting audits and inspections with Tusky.

19. Miscellaneous provisions

Void. In the event that any clause of the T&Cs is declared null or void, said clause shall be considered not to have been written and may not entail the nullity of the T&Cs as a whole. In such an event, the Parties shall replace the invalid or void clause with a new clause that is as close as possible to the original intention of the Parties.

Tolerance. Should either of the Parties not react in response to any breach by the other Party of any of the obligations stipulated in the T&Cs, such inaction shall not be interpreted for the future as being a waiver of the right to require compliance with the obligation in question.

Interpretation. The titles given to the articles in the T&Cs are given with the sole purpose of facilitating referencing and may not be used to impose an interpretation on these articles or assign a meaning. Therefore, in the event of any difficulties in the interpretation of any of the titles of any clause in the body of the T&Cs, these titles shall be declared not to exist.

Transfer. We may assign, contribute or transfer the T&Cs, in whole or in part, in any manner, under any form and for any reason, including in the form of succession, assignment, contribution to a company, merger, universal transfer of assets, sale of securities or the direct or indirect change of control. ZKC undertakes to inform the User thereof by any means. The transfer shall have no impact on the nature and the quality of the Services.

Subcontracting. The User grants ZKC the right to subcontract all or part of the Services to one or several third parties, provided that these third parties have the necessary expertise and skills and are subject to the same obligations as ZKC.

Agreement of proof. The acceptance of the T&Cs by electronic means between the User and ZKC has the same legal value as an agreement on a paper medium. In a general manner, the User acknowledges and accepts to communicate with ZKC by email, for example in the context of information that may be sent during the performance of the T&Cs. Orders and invoices are archived on a reliable and durable medium that may be produced as proof.

20. Applicable law - Claims and mediation

Applicable law. The T&Cs are governed by and are to be interpreted according to French law.

Prior complaint. Any complaint, whatever its nature, relating to a paid Service and with the purpose of finding an amicable solution, must imperatively be presented by sending an e-mail to Our customer service. The complaint must be detailed and clearly indicate the reasons for the dissatisfaction. Following the submission of a complaint, ZKC and the Client undertake to make their best efforts to resolve the dispute amicably.

The Client has the possibility of being assisted by a professional association, a consumer association or any other counsel of his choice. It is reminded that the search for an amicable solution does not interrupt the period of the legal guarantee. It is reminded that, as a general rule and subject to the appreciation of the Courts, compliance with the provisions of the Agreement related to the contractual guarantee assumes that the Client has honored his/her financial commitments to ZKC. The Client may also withdraw its claim at any time, any withdrawal being final.

Mediation. In the event that the dispute has not been settled by means of a prior complaint lodged directly with ZKC’s services within the one (1) month and subject to any regulatory provisions to the contrary, the Client may have recourse free of charge to the consumer mediator https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN under the conditions set out in Title I of Book VI of the French Consumer Code.

Failing this, the Client shall turn to the competent courts.

Appendix 1 – Definitions

Capitalized terms and expressions have the meaning given in the corresponding definition, whether in the singular or the plural:

Client(s)
Refers to the User, who has created one or several vaults through his/her/its User Account and who bears the costs of the Services. The Client represents to be at least 18 years of age and have attained the age of majority in the province, state or country in which he/she/it resides, and that any information submitted is correct. The term ‘consumer’ corresponds to the term as defined in the French Consumer Code (Code de la consommation).

Data
Refers to any type of files (i.e. pdf, jpg, mp3, mp4, mwa, sls, ppt), content, documents, data, Personal Data and information owned, processed, shared, sent by the User, in the context of the use of the Services and that may be visualised directly by means of the Services. The Data does not include the Tusky Platform, any work derived from the Tusky Platform or the information reflecting the access to or the use of the Services by the User.

Documentation
Refers to the documentation drafted or provided by Us and made available on the Tusky Platform (https://docs.tusky.io/) describing the nature of the Services provided and the procedures applicable thereto.

Identifiers
Refers to the combination of a login and password that is specific to the User, which combination is personal and confidential, and which allows the User to prove his/her/its identity to access the User Account and the Services. The login constitutes either OAuth (google, Facebook, Twitch) or a wallet, and those providers will require email and password or in the case of wallet a recovery phrase and potentially a password also.

Party / Parties

Refers individually to ZKC or the User and collectively to both ZKC and the User.

Personal Data

Refers to personal data, as defined by article 4.1 of the General Data Protection Regulation 2016/679 of 27 April 2016 or “GDPR”.

Privacy policy

Refers to the privacy policy available on the Tusky Platform, which governs the conditions under which Personal Data are processed by ZKC.

Services
Refers to the services accessible on the Tusky Platform with a User Account, as described under article 7 of the T&Cs.

Storage Space

Refers to one of the Service allowing the User to purchase and access the storage space on the Walrus Network through the Tusky Platform, in order for the Data to be uploaded and stored on the Walrus Network.

Terms of Service of Mysten Labs

Refers to the Terms of Service of Mysten Labs relating to the use of the Walrus Network and accessible at the following url https://docs.walrus.site/walrus-sites/tos.html.

User or You

Refers to the natural person acting as a consumer or a nonprofessional, who uses the Tusky Platform and the Services, even in part (mobile workstations, etc.), under the conditions stipulated in the T&Cs. The User must be above 15 years old.

User Account

Refers to the account associated with a User and consisting of a dedicated space that allows the User to benefit from the Services.

Encrypted Vault

Refers to a protected area of the Tusky Platform where you can store, after data encryption, your most important or sensitive files and photos on the Walrus Network. You can only access your Encrypted Vault with a strong authentication method (cf. Identifier + password).

Public Vault

Refers to an area of the Tusky Platform where you can store, without any encryption process, your files and photos on the Walrus Network.

Wallet
Refers to the crypto wallet, linked to Your User Account, which means it holds the keys that encrypt and decrypt your Data. It's also used to authenticate You and sign off all Your transactions.

Appendix 2 - Template Withdrawal Form

(please complete and return this form only if you wish to withdraw from the contract)

To the attention of ZERO KNOWLEDGE COLLECTIVE:

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of services (*) below:

Ordered on (*)/received on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only if notifying this form on paper):

Date:

(*) Delete as appropriate.