General terms of subscription and use

Version 2026-10-21. General terms of subscription and use, accepted by the account owner at first sign-in, then at each new version. This English version is a translation: the French version prevails (article 20).

Article 1 - Parties

This contract is made between:

• YANDOAMA CONSULTING, a limited liability company (SARL) under the laws of Burkina Faso with a share capital of 1,000,000 FCFA, registered with the Trade and Personal Property Credit Register of Ouagadougou under number BF-OUA-01-2022-B12-6689, tax number (IFU) 00181734S, with its registered office in Ouagadougou, 01 BP 6250 Ouagadougou 01, Burkina Faso, reachable at +226 06 49 71 71 and contact@yandoama.com, publisher of the Indexa service ("Yandoama Consulting");
• the business that creates an Indexa account, or for which an account is created, operating one or more fuel stations (the "Client"), represented by the person who accepts this contract (the "Account Owner").

The Account Owner declares that they are authorised to bind the Client. A person who accepts on behalf of a business without such authority is personally liable.

This contract is made between professionals, for the purposes of the Client's business. It is not intended for consumers.

Article 2 - Definitions

• Service: the Indexa software available online and through the mobile application (phone, forecourt tablet), with its functions for meter readings, cash, tanks, reports and alerts, and the related support.
• Users: the people to whom the Client gives access (owner, managers, forecourt supervisors, attendants, accountants).
• Shared terminal: the station device linked to the Client's account, used by several Users with a PIN.
• Client Data: the information entered, photographed or produced by the Client and its Users in the Service (meter readings, sales, cash handovers, expenses, receipts, tanks, credit customers, User accounts).
• Subscription: the right to use the Service for a prepaid period and number of stations.

Article 3 - Acceptance and formation of the contract

The contract is made electronically, in accordance with Law No. 045-2009/AN of 10 November 2009 regulating electronic services and transactions in Burkina Faso. It is formed when the Account Owner ticks the acceptance box and confirms in the application, or when the Owner accepts it on the signature page received by link, after entering a code sent by SMS to the phone number of their account. Yandoama Consulting records the accepted version, the date, the time, the connection address and, for the signature by link, the verified number; this record is evidence between the parties.

The text of the contract remains available at any time at indexahq.com/en/terms, and can be saved or printed.

Article 4 - Description of the Service

Indexa helps the Client follow the activity of its stations: attendants' shifts, pump meter readings, cash handovers, discrepancies, expenses, tanks, customer receipts, reports and alerts. The Service also works without a network on the terminal; entries are sent when the network returns.

The Service is a management and control aid. In particular:

• it is not an accounting system within the meaning of the OHADA accounting rules and does not replace the Client's accounting, tax and social obligations;
• customer receipts issued by Indexa are proofs of payment; they are neither standardised invoices nor certified electronic invoices within the meaning of the tax regulations of Burkina Faso. The Client alone remains responsible for issuing the invoices required by law;
• automatic camera reading of meters, discrepancy calculations, anomalies and alerts are aids: they can be wrong and do not relieve the Client of the duty to check;
• shortages calculated by the Service are figures. Any decision taken regarding a User (repayment, deduction from wages, sanction) is the Client's alone and must comply with the applicable labour law.

Yandoama Consulting develops the Service (new functions, fixes, removal of functions no longer useful). A change that would remove an essential function during a current Subscription entitles the Client to terminate under article 13.

Article 5 - Accounts, access and security

The Client creates and manages its Users' access, roles and codes. It ensures that each User keeps their credentials secret and promptly removes the access of anyone who leaves the business. Actions taken with a User's credentials are deemed to be taken by the Client.

The Client reports to Yandoama Consulting any fraudulent use or loss of a device linked to the account, and revokes the device from the owner area. Yandoama Consulting may suspend an access or a device that puts the security of the Service or of the data at risk, after informing the Client.

Article 6 - Trial, Subscription and prices

A newly created account may benefit from a free trial period whose length and content are stated at sign-up. The trial creates no obligation to pay.

The Subscription is sold by Yandoama Consulting directly to the Client, outside the app stores, according to the price list in force communicated by Yandoama Consulting at the time of the order (period, plan, number of stations, country). Prices are exclusive of taxes; taxes applicable under the tax regulations are charged in addition.

The Subscription is paid in advance, by the means offered (mobile money, bank transfer, payment link). It does not renew automatically: the Client renews if it wishes. A period that has started is due and is not refunded, except in the case of termination attributable to Yandoama Consulting (article 13).

Message credits (SMS, WhatsApp) are bought in advance and used at each sending. They are neither refundable nor convertible, except in the case of termination attributable to Yandoama Consulting.

A price change only applies to periods ordered after it is announced, at least 30 days in advance, by message in the application, SMS or e-mail.

Article 7 - Non-payment and read-only mode

At the end of the trial or of the paid period, without renewal, the account becomes read-only: Client Data remains available and can be exported, but the server records no new entries. Payment restores full access. Yandoama Consulting notifies the Client before the due date.

If there is no payment and no request from the Client within 12 months after the account becomes read-only, the contract ends and article 14 applies.

Article 8 - Client's obligations

The Client undertakes to:

• use the Service for its business, lawfully, and not resell, rent or make it available to third parties;
• not attempt to circumvent the Service's protections, access another business's data, copy the software or extract its code, or disrupt its operation;
• enter accurate information and check the results it relies on for its decisions;
• have the necessary devices, connections and printers, and keep them in working order;
• inform its Users and customers of the processing of their data and, as data controller, complete the formalities incumbent on it with the data protection authority (article 10);
• pay the Subscription on time.

Article 9 - Yandoama Consulting's obligations

Yandoama Consulting undertakes to:

• provide the Service with care and diligence, in accordance with its description, as an obligation of means (best efforts);
• host Client Data with a professional provider, with encrypted communications, separation between businesses, an action log and daily backups, including an encrypted off-site copy, kept for 30 days at most;
• fix defects in the Service within a reasonable time according to their severity, and give advance notice of planned maintenance that interrupts the Service;
• answer support requests through the channels shown in the application, on Ouagadougou business days and hours;
• inform the Client without undue delay of any security breach affecting its data, with the information needed to deal with it.

The Service is provided according to the state of the art, over public networks. Yandoama Consulting does not guarantee continuous, error-free availability; the terminal's offline mode allows entries to continue during an outage.

Article 10 - Client Data and personal data

10.1 Ownership. The Client remains the owner of Client Data. Yandoama Consulting uses it only to provide the Service, does not sell it and only discloses it to the persons provided for in this article or where required by law.

10.2 Roles. Within the meaning of Law No. 001-2021/AN of 30 March 2021 on the protection of individuals with regard to the processing of personal data, the Client is the data controller for the personal data contained in Client Data (Users, station customers), and Yandoama Consulting is its processor. This article constitutes the agreement provided for in article 11 of that law. Yandoama Consulting is the controller of the data it processes on its own behalf (management of the Client's account, billing, support, security), described in its privacy policy.

10.3 Yandoama Consulting's commitments as processor. Yandoama Consulting:

• processes the data only for the operations needed for the Service (recording, synchronisation, calculations, reports, alerts, messages requested by the Client, backup, support) and according to the Client's instructions given through the Service settings;
• binds its staff and providers to confidentiality;
• implements the security measures of article 9;
• helps the Client answer requests from data subjects for access, rectification, objection and deletion;
• only uses providers needed for the Service (hosting, backup, application diagnostics, sending of SMS, WhatsApp and e-mail, payment), bound by security and confidentiality obligations, listed in the privacy policy; it informs the Client of any change of main provider.

10.4 Hosting outside Burkina Faso. The Service's servers are located in the European Union, where personal data protection is governed by Regulation (EU) 2016/679. For this transfer, and in accordance with article 42 of Law No. 001-2021/AN:

• Yandoama Consulting completes the formalities relating to the transfer with the Commission de l'informatique et des libertés (CIL) and provides the Client, on request, with what it needs for its own formalities;
• confidentiality clause: Yandoama Consulting and its providers keep the data confidential and use it only for the purposes of the Service;
• reversibility clause: at any time, and in particular at the end of the contract, the Client may obtain a full export of its data in a common, readable format (spreadsheet, PDF), free of charge, in order to take it back or migrate it to another tool;
• data is encrypted in transit and in backups, and security measures are regularly checked.

10.5 Statistics. Yandoama Consulting may produce aggregated and anonymised statistics, which identify neither the Client, nor a station, nor a person, to improve the Service.

Article 11 - Intellectual property

The Indexa software, its applications, content, trademarks and logos belong to Yandoama Consulting or its licensors. For the duration of the Subscription, the Client receives a personal, non-exclusive and non-transferable right of use, limited to its internal needs. No other right is granted. The Client's suggestions may be freely used to improve the Service.

Article 12 - Liability

Each party is liable for direct damage caused by its proven fault.

Yandoama Consulting is not liable for:

• entry errors, fraud, theft, embezzlement or shortages committed by Users or third parties, which the Service aims to help detect without being able to prevent them;
• management, commercial, tax or disciplinary decisions taken by the Client on the basis of the Service's information;
• interruptions due to telecommunication networks, electricity, the Client's devices or third-party services (payment and messaging operators, app stores);
• loss of data entered on a terminal that is lost, stolen or reset before the data reaches the server.

Indirect damage, such as loss of turnover, profit, customers or reputation, is excluded.

Yandoama Consulting's total liability, for all causes combined, is limited to the amount paid by the Client for the Subscription during the 12 months preceding the event giving rise to liability. These limits do not apply in the case of gross negligence or wilful misconduct.

Article 13 - Term, suspension and termination

The contract takes effect on acceptance and lasts as long as the account exists. The Client may stop using the Service at any time and request the deletion of its account from the application or by e-mail.

In the event of a serious breach by a party (in particular unlawful use, harm to the security of the Service, prolonged non-payment, serious breach by Yandoama Consulting of its obligations), the other party may terminate the contract 15 days after a formal notice that has remained without effect, sent by e-mail or in writing. In an emergency relating to security or a legal obligation, Yandoama Consulting may immediately suspend the access concerned, after informing the Client.

If termination is attributable to Yandoama Consulting, the Client is refunded the paid and unused part of the Subscription.

Article 14 - End of the contract and data

At the end of the contract, whatever the cause, the Client may export its data for 90 days (reversibility clause, article 10.4). After that period, Yandoama Consulting deletes Client Data; backups are erased by rotation no later than 30 days afterwards. Only the information that the law requires Yandoama Consulting to keep (in particular its invoices and accounting records) is kept, for the legal period.

Article 15 - Force majeure

Neither party is liable for a delay or failure to perform caused by a force majeure event, meaning an event beyond its control, which could not reasonably be foreseen and whose effects cannot be avoided by appropriate measures. The affected party informs the other without delay. If the impediment lasts more than 60 days, either party may terminate without compensation.

Article 16 - Confidentiality

Each party keeps confidential the non-public information of the other that it learns (commercial data, specific conditions, technical information), during the contract and for 3 years after it ends, unless disclosure is required by law.

Article 17 - Changes to the contract

Yandoama Consulting may change this contract to reflect changes to the Service, the law or case law. The new version is shown to the Account Owner in the application and must be accepted to continue using the Service. A Client who refuses it may terminate free of charge and export its data; the previous version applies until the end of the paid period.

Article 18 - Evidence and communications

The Service's records (acceptance of the contract, action log, timestamps of entries, payments) are kept under reasonable security conditions and are evidence between the parties, unless proven otherwise. Yandoama Consulting's communications are validly made in the application, by SMS, WhatsApp or e-mail to the Account Owner's contact details, which the Client keeps up to date.

Article 19 - Miscellaneous

• This contract, the price list and the privacy policy form the entire agreement of the parties on the Service.
• If a clause is held void, the others remain in force.
• Failure to enforce a breach is not a waiver.
• The Client may not assign the contract without Yandoama Consulting's written consent. Yandoama Consulting may assign it to a company taking over the Service, after informing the Client.
• The parties are independent; neither represents the other.

Article 20 - Language

The contract exists in French and English. In the event of any difference between the two versions, the French version prevails.

Article 21 - Governing law and disputes

The contract is governed by the laws of Burkina Faso, including the applicable OHADA Uniform Acts.

In the event of a dispute, the parties first seek an amicable solution: the complaining party writes to the other, which answers within 30 days. Failing agreement within 60 days of the first letter, the parties may by mutual agreement use the mediation of the Centre d'arbitrage, de médiation et de conciliation de Ouagadougou (CAMC-O). Failing that, the dispute is brought before the commercial court of Ouagadougou (tribunal de commerce de Ouagadougou), which has exclusive jurisdiction, including where there are several defendants, except for urgent proceedings.

Contact

YANDOAMA CONSULTING SARL, 01 BP 6250 Ouagadougou 01, Ouagadougou, Burkina Faso · RCCM BF-OUA-01-2022-B12-6689 · IFU 00181734S · +226 06 49 71 71 · contact@yandoama.com · support: indexa@yandoama.com.