General Terms and Conditions of Use
PLEASE READ THESE LICENSE TERMS CAREFULLY.
BY PURCHASING, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, CEASE USING THE APPLICATION, UNINSTALL IT, AND DO NOT PROCEED WITH IN-APP PURCHASES. Welcome to the legal technology ecosystem. These General Terms and Conditions of Use (hereinafter the « T&Cs ») are intended to define the terms and conditions under which users may access and use the legal web platform and mobile application published by E-Tafakna SUARL. E-TAFAKNA SUARL may modify these terms at any time by publishing an updated version on the platform. Continued use of the platform constitutes acceptance of the modified terms. If you do not agree with these modifications, you must immediately cease using the web platform as well as the mobile application. The digital services offered provide access to legal tools and resources such as: access to document templates; analysis or comparison of legal documents; generation of legal documents; provision of legal information and resources; and document management support tools. Use of the Web Platform and/or the mobile application implies full and unreserved acceptance of these T&Cs by the user.
1. License
We are E-Tafakna SUARL, a private company duly registered and incorporated under the laws of the State of Tunis, Tunisia. We grant you a license to use:
  • The E-Tafakna web platform and mobile application, i.e., the software (excluding object code and source code), the data supplied with such software, and any updates or supplements thereto.
  • The associated online or electronic documentation « documentation ».
  • The associated dispute resolution services « dispute resolution services » as permitted by these terms.
2. Commitments
We take our responsibilities as a provider of app-based legal products and services seriously. This means in particular that we will:
  • Provide clear and accurate information on costs, subscription services, and fees, as well as any potential additional costs.
  • Clearly indicate if there is an in-app promotion of paid content or the promotion of any other product or service.
  • Ensure that paid and free products and services are presented clearly and given equal visibility.
  • Only collect payments with your consent and express authorization.
3. Your Privacy
  • We only use the personal data we collect during your use of the application in accordance with the terms defined in our privacy policy.
  • Please note that internet transmissions are never completely private or secure and that any message or information you send using the application may be read or intercepted by others, even if there is a special notice indicating that a particular transmission is encrypted.
4. Additional Conditions for Specific Services
  • Our application may be installed and/or downloaded on mobile phones, tablets, and other portable or handheld devices « the devices ». When you download, install, or use our application on any of these devices, as well as when you purchase any content available therein « in-app content », you agree to be bound by and comply with this end-user license agreement specifically governing and regulating the use of the application, as well as our privacy statement. These documents constitute the entire agreement between our company and you.
  • Applications developed by us may be available for download and installation on a number of online platforms, or online application stores « app stores », including, without limitation, App Store and Google Play, in respect of which independent sets of terms of use apply regarding the use of their respective services.
  • When you download, install, or use our application via such app stores, the terms of use of the aforementioned application and documentation will also be governed and regulated by the respective app store's Terms of Use, which will apply in addition to our privacy statement and our end-user license agreement. In the event of a discrepancy between the respective app store's terms of use and this end-user license agreement and our privacy statement, the respective app store's terms of use shall prevail.
5. Modifications to These Terms
  • We may need to modify these terms to reflect changes in the law or best practices or to address additional features we may introduce.
  • We will do our best to notify you of a change.
  • If you do not accept the notified changes, you may continue to use the application and the service in accordance with the existing terms, but certain new features may not be available to you.
6. Application Updates
From time to time, we may provide an update to the application to improve performance, enhance functionality, reflect changes to the operating system, or resolve security issues. We may ask you to install such an update for these reasons.
If you choose not to install such updates or if you refuse automatic updates, you may not be able to continue using the application.
7. Technical Data Collection
By using the application or any of the services, you agree to our collection and use of technical information about the devices on which you use the application and associated software, hardware, and peripherals to improve our products, as stipulated and described in further detail in our privacy statement.
8. License Restrictions
  • You will comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the web platform and mobile application.
  • You will not copy the web platform, mobile application, or their documentation, except as part of normal use of the platform or application or when necessary for backup or operational security purposes.
  • You will not translate, merge, adapt, vary, alter, or modify, in whole or in part, the web platform, mobile application, or their documentation, nor permit the platform, application, or any part thereof to be combined with, or incorporated into, any other program, except as necessary to use the platform or application on devices as permitted in these terms.
  • You will not disassemble, decompile, reverse engineer, or create derivative works based on all or part of the web platform or mobile application, nor attempt to do so, except to the extent that such actions cannot be prohibited because they are necessary to decompile the platform or application to obtain the information necessary to create an independent program that can be operated with the platform or application or with another program (hereinafter « the permitted objective »), and provided that the information obtained by you during such activities:
  1. Is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it to achieve the permitted objective.
  2. Is not used to create software that is substantially similar in its expression to the web platform or mobile application.
  3. Is kept secure.
  4. Is used only for the permitted objective.
9. Disclaimer and Limitation of Liability
  • IMPORTANT WARNING: E-TAFAKNA SUARL IS NOT A LAW FIRM, A LEGAL ADVISORY COMPANY, OR AN ACCOUNTING FIRM. THE E-TAFAKNA WEB PLATFORM AND MOBILE APPLICATION ARE TECHNOLOGICAL TOOLS FOR DOCUMENT GENERATION. THEY DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING, OR PROFESSIONAL ADVICE OF ANY KIND. NO LEGAL ADVISORY, ATTORNEY-CLIENT, OR ACCOUNTANT-CLIENT RELATIONSHIP IS CREATED BY THE USE OF THE PLATFORM OR APPLICATION.
  • Documents generated by the web platform and mobile application are provided « AS IS » AND « AS AVAILABLE », WITHOUT ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH A SPECIFIC LAW, LEGAL ACCURACY, OR VALIDITY BEFORE A JURISDICTION. The user is solely responsible for the verification, validation, and compliance of generated documents with the laws applicable to their situation.
  • The user must imperatively have all generated documents verified by a qualified lawyer or legal advisor in their jurisdiction before any use, signature, or official filing. E-Tafakna SUARL disclaims all liability for legal, financial, tax, or other consequences resulting from the use of documents generated by the platform.
  • We are not responsible for errors, inaccuracies, or omissions in documents generated by our web platform or mobile application. Users must carefully examine and validate documents to ensure their accuracy and relevance for their intended purpose.
  • While we strive to provide reliable and accurate information, we offer no warranty, express or implied, as to the completeness, accuracy, reliability, relevance, or availability of the information, products, services, or associated graphics in the web platform or mobile application for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
  • IN NO EVENT SHALL E-TAFAKNA SUARL, ITS DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS BE HELD LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY LOSS OR DAMAGE, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE WEB PLATFORM OR MOBILE APPLICATION, EVEN IF E-TAFAKNA SUARL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • By using our web platform and/or mobile application, you agree to indemnify, defend, and hold harmless E-Tafakna SUARL and its subsidiaries, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including attorney's fees and costs, arising out of or related in any way to your use of the platform or application or the violation of these terms.
  • The user acknowledges that the services rely on generative artificial intelligence technologies. Despite control measures (RAG), these tools may produce inaccurate, outdated, or incomplete results (hallucination phenomena). The user agrees to use these tools as a drafting aid and not as a source of absolute legal truth.
10. Acceptable Use Restriction
You must:
  • Not use the application in an illegal manner, for illegal purposes, or in a manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking or inserting malicious code, such as viruses, or harmful data, into the application or any operating system.
  • Not infringe our intellectual property rights or those of any third party in relation to your use of the application, including by the submission of any material (to the extent that such use is not authorized by these terms).
  • Not transmit defamatory, offensive, or otherwise objectionable material in relation to your use of the application.
  • Not use the application in a way that could damage, disable, overburden, alter, or compromise our systems or our security or interfere with other users.
  • Not collect or harvest information or data from the application, any service, or our systems, nor attempt to decrypt transmissions to or from the servers running the application or any service.
11. Intellectual Property Rights
  • We retain all rights, title, and interest in our products and services, including, without limitation, software, images, texts, graphics, illustrations, logos, service marks, trademarks, copyrights, photographs, videos, and all associated intellectual property rights. You are not authorized to reproduce, modify, improve, or create derivative works from any of our products and services. You are not authorized to sell, license, distribute, display, publish, or modify any of our services or products.
  • Subject to these terms and conditions, you benefit from a non-exclusive, non-transferable, and revocable license to use the services provided by the web platform and the mobile application. You are authorized under this license to keep, for your personal records, copies of documents you have created on the E-Tafakna web platform or application.
12. Our Responsibility
  • We are responsible to you for foreseeable losses and damages caused by us. If we fail to comply with these terms, we are responsible for losses or damages you suffer that are a foreseeable consequence of our breach of these terms or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. A loss or damage is foreseeable if it is obvious that it will occur or if, at the time you accepted these terms, both we and you knew it might occur.
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or that of our employees, agents, or subcontractors, or for fraud or fraudulent misrepresentation.
  • Where we are liable for damage to your property: If defective digital content we have provided damages a device or digital content belonging to you, we will repair the damage or pay you compensation. However, we will not be liable for damage you could have avoided by following our advice to apply an update offered to you free of charge or for damage caused by your failure to correctly follow installation instructions or comply with the minimum system requirements advised by us.
  • We are not responsible for business losses. The application may be used for professional purposes. However, in the event of commercial or professional use, the global liability of E-Tafakna under these terms shall not exceed the total amount paid by the user for services during the six (6) months preceding the damage.
  • Limitations of the application: Our application allows you to create, store, and share legal agreements « content ». Although the application is designed to facilitate the creation of this content, you agree that we are not legal advisors and that we do not provide specific legal advice by providing you with the service. You should obtain professional or specialist advice before taking or refraining from any action based on the information obtained from the application. Although we use reasonable efforts to update the information provided by the application, we make no representation, warranty, or guarantee, express or implied, that such information is accurate, complete, or up-to-date.
  • Backup the content and data used with the application: We recommend that you backup any content and data used in connection with the application to protect yourself in case of problems with the application.
  • Check if the application is right for you: The application has not been developed to meet your individual needs. Please check that the facilities and functions of the application (as described on the App Store site and in the documentation) meet your needs.
  • We are not responsible for events beyond our control: If our assistance for the application is delayed by an event beyond our control, we will contact you as soon as possible to inform you and take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.
13. Termination
We may terminate your rights to use the application at any time by contacting you if you have violated these terms in a serious manner. If what you have done can be corrected, we will give you a reasonable opportunity to do so.
If we terminate your rights to use the application:
  • You must cease all activities authorized by these terms, including your use of the application.
  • You must uninstall, delete, or remove the application from all devices in your possession and immediately destroy all copies of the application you have and confirm to us that you have done this.
  • In the event of termination, we will immediately suspend your access to the User Account and reserve the right to permanently delete your data stored on our servers after a period of 30 days, in accordance with our privacy policy.
14. Severability
Each of the paragraphs of these terms operates separately. If a court or competent authority decides that any of them are unlawful, the remaining paragraphs will remain in force and have full effect.
15. Applicable Law and Jurisdiction
These General Terms and Conditions of Use (T&Cs) are governed by and construed in accordance with Tunisian law, without regard to conflict of laws principles.
However, if the user accesses the web platform and/or the mobile application from another country (e.g., MENA zone countries, European Union, United States, etc.), the mandatory provisions of applicable local legislation, particularly regarding consumer protection and personal data protection, may apply to the extent they are more protective for the user.
IN THE EVENT OF A DISPUTE RELATING TO THE INTERPRETATION, VALIDITY, OR EXECUTION OF THESE T&CS, YOU EXPRESSLY AGREE THAT THE COURTS OF TUNIS, TUNISIA, SHALL HAVE EXCLUSIVE JURISDICTION, AND YOU WAIVE ANY OBJECTION BASED ON FORUM NON CONVENIENS OR ANY OTHER DEFENSE CONCERNING JURISDICTION OR VENUE.
Notwithstanding the foregoing, E-Tafakna SUARL reserves the right to bring legal proceedings in any competent jurisdiction to protect its intellectual property rights or obtain conservatory or injunctive measures.
16. Definitions
For the purposes of these T&Cs, the following terms have the meanings assigned to them:
  • « T&Cs »: these General Terms and Conditions of Use, including all appendices, policies, and documents referenced herein.
  • « E-Tafakna », « we », « us », or « our »: E-Tafakna SUARL, a sole proprietorship with limited liability incorporated and existing according to the laws of Tunisia.
  • « Platform » or « Web Platform »: the website accessible at www.e-tafakna.com and any associated digital service operated by E-Tafakna SUARL.
  • « Mobile Application »: the E-Tafakna software application developed to run on mobile devices (smartphones, tablets, etc.) and distributed via application stores.
  • « User », « you », or « your »: any natural or legal person accessing or using the Web Platform and/or the Mobile Application.
  • « User Account »: personal space created by the user allowing access to certain services of the Platform or the Application.
  • « Services »: all functionalities, tools, and resources offered by the Web Platform and/or the Mobile Application.
  • « Content »: any information, data, text, software, music, sound, photograph, graphic, video, message, or other material submitted, published, displayed, or transmitted via the Platform or the Application.
  • « Generated Documents »: any document, contract, agreement, or other legal instrument created by the user via the tools of the Platform or the Application.
Support and reporting problems
For questions about using the app, technical assistance, or submitting a complaint, contact us at info@e-tafakna.com or through our contact form. We will communicate with you via email using the contact information you have provided to ensure quick and effective follow-up.