General Terms and Conditions of Services on Digital Assets

1. Identification of FINARY and Legal Notices

The company FINARY (“FINARY”) is a simplified joint-stock company (SAS) registered with the Paris Trade and Companies Register under number 892 357 724, whose registered office is located at 58 rue de Monceau, CS 48756, 75380 Paris CEDEX 08.

FINARY SAS is an Investment Firm authorised by the Autorité de Contrôle Prudentiel et de Résolution (ACPR) under authorisation number 19283, empowered to provide the investment service of investment advice. FINARY SAS is a member of the Association Française des Marchés Financiers (AMAFI).

FINARY SAS carries on the activity of Insurance Broker registered with ORIAS under number 21001279, a member of the Chambre nationale des conseils en gestion de patrimoine, an association approved by the Autorité des Marchés Financiers, with the financial guarantees of Assurances Mutuelles MMA IARD.

FINARY SAS carries on the activity of Digital Asset Service Provider (“DASP”). FINARY SAS has been registered as a DASP with the Autorité des Marchés Financiers (AMF) under registration number E2022-057.

FINARY may be contacted at the following contact e-mail address: hello@FINARY.com.

Our legal notices are available in full on our Website here, or within the mobile Application.

2. Preamble

These General Terms and Conditions for Crypto (hereinafter the “Crypto GTC”), relating to the provision of Services on digital assets:

• Custody of digital assets on behalf of a client;
• Purchase and sale of digital assets for legal tender; and
• The service of exchanging digital assets for other digital assets by means of a crypto account opened with FINARY via the Application or the Website;
• Reception and transmission of orders on digital assets; and
• Transfers of digital assets.

Constitute the basis of the agreement between the Users of the Digital Asset Investment Services (hereinafter the “Users”) and FINARY.

The provisions of these Crypto GTC apply from the date on which the User opens their Digital Asset Investment Account (hereinafter the “Crypto Account”) via the Application or the Website, under the conditions detailed below, and as soon as the User accepts these Crypto GTC via the Application or the Website by ticking the appropriate box.

References to this agreement (the “Agreement”) include these Crypto GTC, as well as any other agreement or notice that applies to the Crypto Account, each as amended or supplemented from time to time.

By accepting these Crypto GTC and by opening and/or using their Crypto Account, the User expressly accepts the terms of these Crypto GTC, and any other agreement or document incorporated therein and/or to which they refer.

In addition, the User acknowledges and accepts the General Terms and Conditions of Use of the Application and the Website.

These Crypto GTC constitute a binding legal agreement and it is important that the User reads and understands the terms before accepting them.

The User is invited to ask their questions via customer service using the chat on the Application or the Website, or by sending a message to hello@FINARY.com, or by seeking independent legal advice if necessary.

a. The security of your data

The security of Users’ Data is FINARY’s priority, and to this end FINARY offers a very high level of Service security. For this purpose, FINARY uses encryption algorithms based on the highest and most proven standards in the field of IT security.

FINARY accordingly undertakes to do everything possible to ensure the security of the Platform and of Users’ Data.

The User accordingly declares that they:

• Are aware of the nature and technical characteristics of information systems and accept the technical constraints thereof, the response times to consult, query or transfer the Data relating to the Services, and the risks they entail;
• Are solely responsible for the use and implementation of the means of security, protection and back-up of their equipment, Data and software. In this respect, they undertake to take all appropriate measures to protect them;
• Will commit no act that could jeopardise or impair, in any manner whatsoever, the security of FINARY’s information systems.

All payment data connected with the use of the payment Services is protected by FINARY. In the event of a breach of the security of such payment data, FINARY has a dedicated procedure enabling the handling and management of any incident as well as informing the User in the cases referred to in particular in Article L.133-17 of the French Monetary and Financial Code (CMF).

b. The security of your account

The following security recommendations are made to Users:

• Ensure that any password chosen includes both digits, upper- and lower-case letters and punctuation marks, and is a minimum of 10 characters long, here are the CNIL's recommendations on this subject for creating a Strong Password;
• Users are strongly advised not to use the Services on a mobile telephone or a computer that they do not own or whose use is shared with a third party;
• Upon becoming aware of it, the User shall inform FINARY without delay (see the “Customer Service” article) of any malfunction of their Personal Space or of any doubt as to a possible fraudulent access to their Personal Space;
• The User must immediately inform FINARY (see the “Customer Service” article) in the event of loss, theft, misappropriation and, more generally, any compromise of the confidentiality of the Data they have disclosed to FINARY.

Furthermore, identity theft and the practices known as “phishing” are at the heart of FINARY's concerns. Protecting the User's information in order to shield them from identity theft is one of our priorities.

In the event of doubt or of confirmed phishing, the User is invited to notify FINARY immediately by sending a message to the address set out in the “Customer Service” article.

3. General Provisions

FINARY publishes and operates a Platform accessible from the Website and from the Application, through which it offers its Users a solution enabling them to invest in Digital Assets (the “Digital Asset Investment Services”).

The functional and technical characteristics of the Platform are described on the Website and on the Application.

The purpose of these General Terms and Conditions is to define the terms and conditions of use of the Digital Asset Investment Services offered by FINARY, and they apply, without restriction or reservation, to any use of the Digital Asset Investment Services offered on the Platform, as well as to define the rights and obligations of the parties in this context. They are accessible and printable at any time via a direct link at the bottom of the page of the Website and the Platform.

They may, where applicable, be supplemented by Specific Terms, which supplement these General Terms and Conditions.

If these General Terms and Conditions conflict with all or part of the Specific Terms, the General Terms and Conditions shall prevail.

4. Warning on the Specificities of Investment in Digital Assets

a. Reminder

The information provided by FINARY is intended to inform Users, within the framework of this Agreement, about FINARY, the legal terms and conditions applying to the Digital Asset Investment Services (hereinafter the “Crypto Services”) provided, as well as the risks that apply to this investment.

The User must read and accept them before being able to access the Crypto Services.

If the User does not accept these Crypto GTC, then they may not access and use the Crypto Services.

The User must also carefully read the General Terms and Conditions of Use of FINARY’s Application and Website, as well as any other contractual or informational document, provided separately, to which they are asked to consent before using the Crypto Services offered.

The User must also read and understand the Warning on the risks associated with investment in Digital Assets set out below.

The User is invited to contact an investment adviser or any other professional in the event of doubt or of a failure to understand the Crypto GTC, the Warning on risks, or any other matter.

b. Absence of a deposit protection mechanism

FINARY is not a member of the Deposit Guarantee and Resolution Fund provided for in Articles L. 312-4 et seq. and L. 322-1 of the French Monetary and Financial Code. This securities guarantee mechanism, the purpose of which is in particular to compensate the claim arising from the unavailability of financial instruments deposited with a member institution, is not applicable as regards the holding of digital assets.

The Electronic Money Account enabling Users to deposit their funds in euros is, moreover, not covered by this mechanism.

You may obtain further information on this subject by consulting the website: www.garantiedesdepots.fr

The fraction of the funds possibly held in EURC is subject to the provisions of the article “Partial holding of funds in EURC”.

c. Absence of personalised recommendation

FINARY offers Services specific to investment in Digital Assets and enables the User to open a Crypto Account.

FINARY offers no advice and provides no personalised recommendation concerning the suitability or appropriateness of a particular investment in Digital Assets.

Although FINARY may from time to time provide you with factual information on investments in Digital Assets, such information is not and must not be construed as advice.

The User is solely responsible for their decisions in connection with their orders to invest in Digital Assets.

If a User is not certain that an investment is appropriate to their individual situation or needs, they must then seek the opinion of an independent professional.

d. Specificity of the Digital Asset Investment Services

FINARY enables you to buy, sell and exchange Digital Assets via the Application or the Website under the conditions set out in this Agreement.

FINARY executes orders via its partner Digital Asset marketplace. You may cancel an order only if we consent thereto, and you may not cancel an order once it has been executed.

The User must ensure that they correctly enter the details of their order and must be willing and able to enter into a binding commitment to buy, sell or exchange a digital asset when submitting the Order.

FINARY provides for the custody of the User’s Digital Assets via the Application or the Website under the conditions set out in this Agreement.

The opening of a Crypto Account with FINARY entails the opening of an Electronic Money Account. This Electronic Money Account is provided by a third-party electronic money institution, authorised to provide payment services. The Electronic Money Account is protected in accordance with the conditions of the electronic money institution concerned, and with the regulations applicable to it.

e. The status of the User

Various tax regimes may apply to the activity of purchasing and selling digital assets for legal tender and of exchanging digital assets for other digital assets, depending on the tax status and tax regulations applicable to the User.

The User has sole responsibility for determining the tax impact of their activities via the Application and the Website and may have recourse to a tax or legal adviser in the event of questions or doubts in this regard.

The User acknowledges that they must satisfy the legal and regulatory obligations applicable to them, in particular in tax matters, whether their residence or banking domicile is in France or abroad.

The User is reminded that the specific tax treatment of a product or service depends on their individual situation.

This tax treatment is liable to change over time.

Thus, the User must be vigilant, with the assistance of a tax adviser if necessary, as regards tax changes coming into force in their country of tax residence, in particular in the event of multiple tax residences.

Pursuant to the international tax information exchange agreements entered into by France in the context in particular of FATCA and the AEOI (Automatic Exchange of Information), FINARY may be required, where applicable, to make a declaration to the French tax administration or a foreign tax administration for the Users concerned by these regulations.

FINARY does not provide tax advice, or any other advice of any kind whatsoever. The User undertakes to notify FINARY in the event of a change of contact details, address, banking domicile, tax situation, or any other fact, data, event or information liable to affect the performance of this agreement, and to provide, as soon as possible, the corresponding supporting documents that FINARY may be required to request in this respect.

The User undertakes to ensure that their personal finances are suited to the purchase and sale of digital assets or to the exchange of digital assets and that they have the ability to bear all losses that may result from their use of the Service via the Application or the Website.

5. Warning on the Risks Associated with Investment in Digital Assets

The warning on risks is available at the https://help.FINARY.com/fr/articles/8944189-quels-sont-les-risques-a-investir-en-crypto following link:

6. Definitions

Digital Assets (or Crypto) : A digital representation of value or rights that may be transferred and stored electronically, using blockchain or a similar technology. Digital assets are legally defined as:

1. The tokens referred to in Article L. 552-2 of the French Monetary and Financial Code (“CMF”), excluding those meeting the characteristics of the financial instruments referred to in Article L. 211-1 and of the cash vouchers (bons de caisse) referred to in Article L. 223-1 of the same code;
2. Any digital representation of a value that is not issued or guaranteed by a central bank or by a public authority, that is not necessarily attached to legal tender and that does not have the legal status of a currency, but that is accepted by natural or legal persons as a means of exchange and that may be transferred, stored or exchanged electronically. This definition is liable to evolve in accordance with developments in applicable law;
3. Digital assets also include the crypto-assets subject to Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets.

Application : Our FINARY mobile application, available on Android via the Android Store, and on iPhone via the Apple Store.

Blockchain : Designates the network which may be compared to a public, anonymous and tamper-proof ledger; designates the technology for storing and transmitting information at minimal cost, secure, transparent and operating without any central control body. By extension, FINARY enables Users wishing to invest in possible operations within one or more consensus protocols for transactions on a Blockchain.

Secret Code : A four (4) digit code enabling connection to FINARY's mobile application.

Digital Asset Investment Account (Crypto Account) : Means a unique and personal registered account enabling access to FINARY's Digital Asset Investment Services (defined below) on its Website or on the Application. The identification data of a Crypto Account is a valid and personal e-mail address. A Crypto Account is protected by a Strong Password that must comply with the required format.

Electronic Money Account : Means the electronic money account opened with the Electronic Money Institution (defined below), which the User (defined below) uses to settle their Transactions (defined below) and to receive the funds arising from the closing of Positions (defined below).

User Account : Means a unique and personal registered account enabling access to FINARY's services on its Website or on the Application. The identification data of a User Account is a valid and personal e-mail address. A User Account is protected by a password that must comply with the required format.

General Terms and Conditions of Digital Asset Investment Services (Crypto GTC or Agreement) : Corresponds to this Agreement, FINARY's general terms and conditions of use governing the Services applicable to FINARY Users wishing to use the Crypto Services (defined below).

EURC Conversion : The operation by which FINARY converts a fraction of the funds appearing on the User's Electronic Money Account into EURC, in order to enable the instantaneous execution of their Orders on the partner marketplaces requiring the holding of Digital Assets.

Broker : Designates any third-party provider, duly authorised or licensed to provide order-execution services on behalf of third parties, with which FINARY maintains a contractual relationship in the context of the reception and transmission of its Clients' orders. The Broker is in particular responsible for the execution of the orders transmitted by FINARY on one or more execution venues, in accordance with market conditions and the applicable regulations. FINARY acts as an intermediary and does not itself carry out the execution of orders, this responsibility falling exclusively to the Broker.

Technical Failure : Designates any of the following cases:

• Unavailability of access to the telephone network or the internet by FINARY or by the User;
• Unavailability of data hosted by third parties and for reasons attributable to those third parties;
• Unavailability of access to the Crypto Account that is not attributable to FINARY;
• A technical problem inherent in the operation of a blockchain or a “smart contract”;
• Unavailability of access to or operation of the Electronic Money Account or failure of the Electronic Money Institution;
• Unavailability of access to partner Digital Asset marketplaces (defined below) for the purchase or sale of Digital Assets by FINARY;
• Unavailability or loss of access to the User Account resulting from the action of computer hackers, a logical attack, a computer virus or any other malicious act on your IT systems, on those of technical partners, of Brokers, or of the trading venues used by FINARY's Brokers for the Services, rendering the completion of Transactions impossible;
• And any other Technical Failure listed in the Agreement.

EURC : An Electronic Money Token (“EMT”) denominated in euro, issued by Circle Internet Financial Europe SAS, an electronic money institution authorised by the ACPR. EURC constitutes a Digital Asset and not a sum in euros of legal tender; under MiCA, its holder has a right of redemption at par with its issuer.

Features : Designates the various features offered by the Application or the Website, whether existing or forthcoming, as listed in this Agreement.

Service Fees : Designates the fees charged by FINARY to Users in the context of the provision of the Services and detailed in FINARY's Pricing Policy available at the link below: https://help.FINARY.com/fr/articles/8116387-quels-sont-les-frais-pour-investir-en-crypto

Business Days : Designates the days from Monday to Friday, with the exception of public holidays according to the French calendar. In the absence of any specification, the term “day” means a calendar day.

Users of the Digital Asset Investment Services (User) : A User may be a natural person having full legal capacity or a legal person acting through a natural person and having the power or authorisation required to contract in the name and on behalf of the User. The User has the quality of (i) a consumer, understood as any natural person acting for purposes that do not fall within the scope of their professional activity, or (ii) a non-professional, understood as any legal person acting outside its usual professional activities. A User having the quality of a professional, understood as any natural or legal person acting for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including where acting in the name of or on behalf of another professional, is invited to contact FINARY directly at the contact details set out in the “Customer Service” article.

Strong Password : Designates a password with sufficiently complex entropy in accordance with the CNIL's recommendations.

Order to buy, sell or exchange Digital Assets : Means any instruction from the User via the Application or the Website to buy, sell or exchange one or more specific digital asset(s). Orders are executed on the Digital Asset marketplace via FINARY's Brokers (defined below).

Party : Designates FINARY or a User.

Partner Digital Asset Marketplace : Means any Digital Asset marketplace on which the Users' Digital Assets are acquired, sold or exchanged by FINARY's Brokers.

Platform : Designates the Platform created by FINARY, accessible via the Application or the Website, enabling the User to access the Services provided by FINARY.

Position : Designates the quantity of a Digital Asset held by a User on their Crypto Account following the execution of an Order, the closing of which corresponds to the sale or exchange of that Digital Asset.

Protocols : Designates sets of basic rules enabling the sharing of data between computers. As regards Digital Assets, they establish the structure of the Blockchain, the distributed database enabling Digital Assets to be exchanged securely over the internet.

Reward : Designates a value in Digital Assets or in fiat currency that a User may hope to earn by using the Staking or Lending Services. It should be noted that the User must comply with the terms of the contract binding them to a Lending Provider or to any third party, and accept the risks associated with these Services. Moreover, no reward is necessarily acquired, as indicated in the “Staking and Lending Service” section of this Agreement.

Applicable Regulations : Means the legal, regulatory and ethical provisions of French law applicable under this Agreement.

Digital Asset Custody Service : Designates a Service provided by FINARY consisting in the custody of Digital Assets, which consists in the custody by FINARY of the cryptographic keys of the digital assets that FINARY holds on behalf of its Users via the Application or the Website.

Digital Asset Purchase and Sale Service : Designates a Service provided by FINARY consisting in the acquisition or sale by a User of a quantity of Digital Assets for a payment in euros by a payment method accepted within the User Account.

Digital Asset Transfer Service : Designates the following Crypto Services: Digital Asset deposit Service: designates a Service provided by FINARY, for certain digital assets only, aimed at enabling a Client to send, themselves, from their Digital Asset Wallet to a Wallet address provided by FINARY, a quantity of a Digital Asset that they hold, to be placed in Custody on the Platform.

Crypto withdrawal Service : Designates a Service provided by FINARY, the withdrawal of your Digital Assets from your User Account and their transmission to public addresses associated with digital asset wallets.

Digital Asset Investment Services (Crypto Services) : Designates the various services offered by FINARY through the Platform.

Service of reception and transmission of orders on Digital Assets : Designates the reception of an order to buy or sell one or more crypto-assets, or to subscribe for one or more crypto-assets, emanating from a User, and the transmission of that order by FINARY to a Broker for execution.

Staking and Lending Service : Designates a Service provided by FINARY, which consists in:

• holding and immobilising a certain quantity of Digital Assets in a digital wallet, in order to contribute to the operation and security of a Blockchain network. This Service represents additional risks (see the section dedicated to risks) and is not provided by FINARY, but by a subcontractor (Staking);
• making available to one or more Lending Provider(s) their eligible Digital Assets for a certain period determined by the contract binding the two parties, and accepted by the User, in exchange for a Reward. This Service represents additional risks (see the section dedicated to risks) and is not provided by FINARY, but by a subcontractor (Lending).

Website : Designates FINARY's website available at the following address: https://FINARY.com/. As well as all other addresses attached to this domain.

Transaction : Means any Order to buy, sell, exchange or transfer that has been executed and completed.

2FA Validation : Designates two-factor authentication to carry out certain actions on the Crypto Account.

Wallet : Designates the digital asset wallet within which the User's Digital Assets are held. The reference to the term “Wallet” or “Portefeuille” is used interchangeably to designate the wallet for which the private keys enabling access to the Users' Digital Assets are held, and/or the self-hosted wallet for which the User alone holds the means of access.

7. Application of the General Terms and Conditions – Enforceability and Proof

The Crypto GTC are made available to you on FINARY’s Application and Website.

These General Terms and Conditions are expressly accepted upon the creation of the Crypto Account and upon the first use of each Service. Use of the FINARY Crypto Services amounts to acceptance of these Crypto GTC.

Insofar as updates are notified to you and the new versions are directly published on the Website and the Application, these Crypto GTC and their amendments are enforceable against you.

In this respect, the User acknowledges that any breach of the Crypto GTC and of any other Terms of Use may result in the suspension or termination of their Crypto Account as well as the immediate refusal to use all or part of the Crypto Services, in accordance with the provisions set out in the article “Suspension of a Crypto Account” of the Crypto GTC and “Suspension of a User Account” of the Terms of Use.

8. Crypto Services Offered

a. Description of the Crypto Services offered

This Agreement provides for the provision, by FINARY, of the following Crypto Services:

• Custody of Digital Assets on behalf of a User;
• Reception and transmission of orders on Digital Assets; and
• Transfer of Digital Assets on behalf of a User.

The User consents to certain Crypto Services, or parts thereof, being outsourced and provided by companies that are third parties to FINARY, whether forming part of the FINARY group or external to it; FINARY remains responsible for the services provided by these third-party companies in the context of the Crypto Services.

i. VIP statuses

FINARY offers its Users a VIP status; this status enables access to reduced fees and other benefits defined here.

Statuses are calculated according to the amount deposited in euros in the Electronic Money Account; this calculation method may change, and will therefore be indicated on the page here.

b. Scope of the Crypto Services offered

A User’s Transactions are carried out on their own initiative and, within the limits of the Applicable Regulations, under their sole responsibility, without any advice from FINARY. The Crypto Services offered by FINARY concern a limited list of Digital Assets, accessible from FINARY’s Website or Application, and liable to change occasionally. Any change concerning the aforementioned list of Digital Assets is the subject of a dedicated notification to the User.

We receive and transmit the User’s Orders with a view to their execution by a Broker on a partner Digital Asset marketplace under the conditions set by the Applicable Regulations, and we provide for the Custody of your Digital Assets on the Crypto Account of each User.

As a reminder, FINARY is not authorised to, and is not required to, provide its Users with investment advice on specific Digital Assets, whether on its own initiative or upon your own solicitation and/or request, and will carry out no verification as to the appropriateness of the Digital Assets, in particular and without limitation, in view of your risk tolerance and your ability to bear losses.

As a reminder, FINARY provides no investment, legal, tax or other advice.

Nor may you request and/or solicit and/or require such advice, whether from FINARY, or from any other entity to which FINARY is affiliated in the context of the Crypto Services, or from any other Client, and any decision to acquire, exchange or sell a Digital Asset offered by FINARY belongs to the User; FINARY is not responsible for its Users’ decision-making.

c. Electronic communication

The User accepts paperless communications, and that all pre-contractual information and documentation provided are also in electronic format.

Where the Applicable Regulations require that documents be provided on a durable medium, FINARY sends the documents in the form of PDF (Portable Document Format) files, which are sent to the User’s e-mail inbox and/or accessible via the Application and/or the Website.

d. Service level guarantee

FINARY undertakes to ensure the permanence, continuity and quality of access to the Services.

To this end, FINARY will use its best efforts to maintain access to the Platform 24 hours a day, 7 days a week.

In addition, having regard to the complexity of the internet, the inequality of the capacities of the various sub-networks, the influx at certain times, and the various bottlenecks over which FINARY has no control, FINARY’s liability shall be limited to the operation of its servers, the external limits of which are constituted by the connection points.

FINARY may not be held liable for any loss resulting from (i) the access speeds to its servers, (ii) slowdowns external to its servers, (iii) faulty transmissions due to a failure or malfunction of these networks, and (iv) a poor internet connection.

If necessary, FINARY reserves the possibility of limiting or suspending access to the Crypto Services in order to carry out any maintenance and/or improvement operation.

In this event, FINARY undertakes to inform the User in advance of these maintenance and/or improvement operations, within a reasonable period, by any useful means and in particular by a general informational message on the Platform regarding these maintenance operations.

In the context of these maintenance and/or upgrade operations, FINARY undertakes to use its best efforts to carry out back-ups of the content stored on the Crypto Accounts of its Users.

The User acknowledges and accepts that this service level guarantee does not cover any breakdown or interruption of the Crypto Services occurring as a result of telecoms operators or internet and mobile-web access providers, or of poor internet coverage, or of a saturation of internet access linked to the location of an event.

In any event, it is expressly agreed that the breach of any commitment provided for in this article may in no case be sanctioned by the termination of the contractual relationship with the User, and FINARY’s liability shall be limited under the conditions set out below in the article “Liability and exemption from liability of FINARY”.

The User is informed that in the event of a breakdown, maintenance, or updating of FINARY’s systems, access to their Crypto Account may be temporarily suspended.

In such a case, FINARY will endeavour to notify the User as soon as possible and will use its best efforts to restore access to the Crypto Services as quickly as possible.

e. Hosting of the service

FINARY undertakes to ensure, under a best-efforts obligation, the hosting of the Crypto Accounts and of any content published by the User on their Crypto Account, in accordance with the practices of the profession and the state of the art, on its own servers or via a professional hosting provider carrying on its activity in accordance with the practices of the profession and the state of the art.

In this context, FINARY undertakes to provide the User with sufficient storage and processing capacities in the context of the Services, in accordance with the practices of the profession and the state of the art.

FINARY undertakes to implement all technical means, compliant with the state of the art, necessary to ensure the security of and access to the Services, relating to the protection and monitoring of the infrastructure, the control of physical and/or immaterial access to said infrastructure, as well as the implementation of detection, prevention and recovery measures to protect the servers from malicious acts.

FINARY also undertakes to take all useful precautions, having regard to the nature of the data and the risks presented by the automated data processing implemented for the purposes of the Services, to preserve the security of the data, and in particular to prevent it from being distorted, damaged or accessed by unauthorised third parties.

FINARY offers the User technical assistance accessible by e-mail at the address available in the “Customer Service” article, enabling them to report any difficulty encountered when using the Services and accessing the Platform.

f. Other services

FINARY reserves the possibility of offering any other Service that it deems useful, in a form and according to the features and technical means that it considers most appropriate to render said Services.

9. Conditions for Opening a Crypto Account

a. General

FINARY opens in its books a specific and registered account for each User wishing to open a Crypto Account and access the Crypto Services. And this solely for the purpose of recording your Transactions carried out via the Application and/or the Website.

The Crypto Account is necessarily linked to a User Account, as that term is defined in the General Terms and Conditions of Use of the Application and the Website that you have accepted.

An Electronic Money Account attached to the Crypto Account is also opened with a partner Electronic Money Institution (see “Electronic Money Account”), in order to record on the debit or credit side the cash counterpart of the operations carried out on the digital assets registered in the Crypto Account. The Electronic Money Account operates in conjunction with the Crypto Account, the operating terms of which are set out in this Crypto GTC Agreement.

In this respect, you understand and accept that FINARY is not your contractual counterparty in the context of the opening of the Electronic Money Account. The acceptance of these Crypto GTC by the User is evidenced in the Application and on the Website by ticking the box provided for this purpose, “I accept FINARY’s General Terms and Conditions of Services on Digital Assets”.

Acceptance takes place at the time of the request to register for FINARY’s Crypto Services.

If they do not accept all of the General Terms and Conditions, the User must not access the Services.

Access to and use of the Crypto Services amounts to acceptance of this Agreement.

This acceptance can only be full and complete.

Any adherence subject to reservation is deemed null and void. The opening of a Crypto Account and the maintenance of the contractual relationship are conditional upon the establishment and maintenance of the User’s principal residence and nationality outside a country forming part of the list of countries under international sanction, and outside a country restricted by one of FINARY’s providers.

FINARY may not be held liable for the consequences of the refusal to create a User Account or of the ending of the contractual relationship with a User by reason of restrictions linked to their country of residence or nationality, and FINARY reserves the right, at any time and without notice, to refuse the country of residence or nationality of a User, by a simple decision of FINARY or by regulatory obligation. The User undertakes to create only one User Account on the Platform for their personal use, or for the use of their company.

The creation of several User Accounts by the same individual or company is prohibited in order to allow the effectiveness of the anti-fraud mechanisms.

Consequently, FINARY reserves the possibility of deleting the additional accounts of the Users concerned without notice or delay. In no way may its liability be engaged on this basis.

The Identification Data created by the User must remain strictly personal and confidential.

The User is solely responsible for the use of their Identification Data and undertakes not to disclose it to anyone, under any pretext and in any capacity whatsoever. The User may at any time modify their Secret Code and/or Strong Password within the Application or on the Website.

The User ensures that they follow FINARY’s security recommendations, set out on its Website (here).

The User ensures that the e-mail address entered when creating their User Account is correct and that it is indeed their own e-mail address, insofar as the correspondence and content provided under the Services are accessible via this e-mail address. The User is therefore informed that if they provide an incorrect e-mail address, the holder of that address may receive the information provided by the Services concerned.

The User accordingly releases FINARY from any liability and indemnifies FINARY against all consequences arising directly or indirectly from an e-mail address error.

Any access to and use of the Crypto Services (or any other Services) using the e-mail address and password entered are thus deemed to have been carried out by the User concerned.

b. Opening the Crypto Account

i. Terms of opening

The provision by FINARY of the Crypto Services linked to the Crypto Account is thus only possible if the User:

1. Downloads the Application and installs it, or goes to the Website;
2. Creates Identification Data, and a Strong Password (in accordance with the provisions of the article “The security of data” of these Crypto GTC);
3. And has followed the entry-into-relationship process, including verification of the User’s identity, and that all the supporting documents and items requested upon the opening of the Crypto Account are provided and validated by FINARY’s compliance department in accordance with these Crypto GTC.

In any event, and in accordance with the internal commercial policy and the Anti-Money Laundering and Counter-Terrorist Financing (AML-CFT) framework of FINARY, FINARY remains free to accept or refuse the opening of a Crypto Account without being required to give reasons for its decision.

FINARY offers the opening of a Crypto Account for two types of person:

• Natural persons – in this case the Crypto Account opened is registered and individual; FINARY does not offer the opening of a joint, undivided or dismembered account. If, for any reason whatsoever, the individual account of a User were to fall under the regime of joint ownership (indivision) or dismemberment (démembrement), it is the User’s responsibility to inform FINARY as soon as possible via Customer Service;
• Legal persons – in this case the Crypto Account opened is registered, and for a company.

In the event that the User is a protected adult (majeur protégé), all Digital Assets registered in the Crypto Account must be managed in application of the specific provisions relating to the protection regime under which the User falls, in accordance with the Applicable Regulations.

Where the capacity regime of the holder of the Crypto Account, recognised as applicable in France, is a regime of foreign law, it is expressly agreed that the User must first provide FINARY with all useful supporting documents of a nature to delimit and define the extent of the powers as well as the identity and exact situation of the person with regard to the applicable local regulations. FINARY’s liability may in no case be sought by reason of operations carried out by the person or their legal representative, in breach of the rules, in particular of the Civil Code, or of any other applicable text, governing the operation of the Crypto Account and of any related Crypto Services.

Nor may FINARY be held liable for the consequences of a Transaction occurring on the Crypto Account where FINARY has not been informed of the implementation or modification of a protective measure.

The Crypto Account may not permit the holding of Digital Assets on behalf of others and/or the carrying on of a portfolio-management activity of Digital Assets on behalf of third parties.

Use of the Services requires the User to register on the Platform, by completing the form provided for this purpose and by providing FINARY with all the information marked as mandatory.

The User must provide a valid e-mail address, and create a strong password, in accordance with the provisions of the article “The security of data” of these Crypto GTC.

The User acknowledges and accepts that the e-mail address entered on the registration form constitutes their connection identifier.

Any incomplete registration will not be validated.

Registration entails the opening of a User Account in the name of the User, enabling them to manage their use of the Services in a form and according to the technical means that FINARY deems most appropriate to render said Services.

The User guarantees that all the information they give in the registration form is accurate, up-to-date and truthful and is not tainted by any misleading character.

They undertake to update this information in their User Account in the event of changes, so that it always corresponds to the aforementioned criteria.

The User is informed and accepts that the information entered for the purposes of creating or updating their User Account shall serve as proof of their identity.

The User may access their User Account at any time after having identified themselves using their connection identifier (e-mail) as well as their password (or PIN on the Application) and by validating their 2FA.

The User undertakes to use the Services personally and to allow no third party to use them in their place or on their behalf, failing which they shall bear full responsibility.

They are likewise responsible for maintaining the confidentiality and security of their identifier and password, any access to the Platform using these being deemed to have been carried out by the User. The User must immediately contact FINARY if they notice that their User Account has been used without their knowledge (in accordance with the provisions of the article “The security of data” of these Crypto GTC).

They recognise FINARY’s right to take all appropriate measures in such a case.

ii. Entry-into-relationship process

I. For individual persons

For any request to open a Crypto Account for an individual person, the User must provide, at a minimum, the following items:

• A valid and legible copy of a valid identity document (passport, identity card or residence permit only); and
• A selfie.

These two items are mandatory in order to open a Crypto Account; failure to provide valid documents results in the non-opening of the Crypto Account.

The User must then answer an entry-into-relationship questionnaire, the answers to which enable an assessment of the User’s profile.

Other additional documents may be necessary to meet the legal and regulatory obligations imposed on FINARY.

Depending on the jurisdiction, in particular outside France, other means of verifying your identity may be offered to you in the Application, and the list of accepted documents may be modified.

In accordance with this Crypto GTC, FINARY may also verify the origin of the funds and the postal address, under the conditions set by the regulations relating to anti-money laundering and counter-terrorist financing.

II. For legal persons

For any request to open a Crypto Account for a legal person, the User must provide, at a minimum, the following items:

• Extract of KBIS registration less than 3 months old (or local equivalent if a foreign company);
• The signed articles of association of the company;
• The latest audited annual report or the last 3 bank statements of the company if none exists;
• The signed declaration of beneficial owners of your company (or the CERFA forms DBE-S1 and DBE-S2);
• Bank details (RIB) of the company.

For the legal representatives and beneficial owners:

• A valid identity document and a selfie;
• Proof of address.

These items are mandatory in order to open a Crypto Account; failure to provide valid documents will result in a refusal to open the Crypto Account.

The User must then answer an entry-into-relationship questionnaire, the answers to which enable an assessment of the User’s profile.

Other additional documents may be necessary to meet the legal and regulatory obligations imposed on FINARY.

c. Access to the Crypto Account

The User’s e-mail address is coupled with their Crypto Account at the time of its opening; the User must use a Strong Password (see “The security of your account”) unique to FINARY, and not share it with third parties.

The setting up of 2FA Validation is also recommended from the opening of the Crypto Account (see here); in the event that 2FA is not activated, connection via a new device requires validation via a code received by e-mail.

Only one e-mail address may be coupled with your Crypto Account.

d. Operation of the Crypto Account

i. General

The Crypto Account operates in accordance with the provisions laid down by the Applicable Regulations.

The Digital Assets registered in the Crypto Account may not, by FINARY, be the subject of any use for its own account or on behalf of any third party whatsoever.

Under the terms of FINARY’s custodian mandate, FINARY undertakes to ensure the safekeeping of the Digital Assets registered in the account following the Users’ Orders and to fulfil the administration obligations.

FINARY undertakes to comply with the market rules relating to the circulation and security of Digital Assets, as they are defined by the Applicable Regulations.

The User can see in real time, in the Application or on the Website, which Orders have been executed, and the balance of their Crypto Account.

FINARY acts with all the skill, care and diligence required in the selection, appointment and periodic review of the intermediaries to which FINARY has recourse, and of the arrangements made by them concerning the holding of the Users’ Digital Assets.

ii. Digital assets offered in the Application

Only the Digital Assets offered by FINARY may be held on the User’s Crypto Account.

FINARY is not required to accept the deposit of other Digital Assets on the Crypto Account of its Users (see “Crypto deposit Service”).

iii. Restrictions of the Services

I. Minimum amount

FINARY reserves the right to modify at any time, without notice, the minimum value in euros or in quantity of Digital Assets linked to the provision of a Crypto Service for a given Digital Asset (in particular the minimum amount for purchase, sale or exchange).

These amounts must necessarily include the Service Fees that are due to FINARY for the completion of the Crypto Services that the User wishes to be provided by FINARY.

These amounts are communicated on the Application or the Website.

II. Maximum amount and setting of limits

FINARY provides the Crypto Services (within the limit of the maximum amount set on our Platform) as long as the Crypto Account does not present a security or compliance risk, and the User is able to justify the origin of the funds (in legal tender or in digital assets) upon a purchase, sale or deposit.

Purchase, sale or exchange limits may be set for a given period or without a time limit and may apply to a given Digital Asset of the Crypto Account.

The value of the limits corresponds to the cumulative amounts of all operations carried out over the period.

Purchase limits may differ depending on the payment method. The User is informed thereof via the Application or the Website.

iv. Verification and analysis during your use of the Crypto Services

FINARY may decide at any time to suspend the execution of a Crypto Service for a period that may not exceed fourteen (14) Business Days from the request to carry out a Service, without FINARY being able to be held liable for the consequences of this suspension.

At the end of this period and without time limit, FINARY may decide to stop providing the Crypto Services covered by these Crypto GTC, to prohibit or limit the use of certain payment methods, or to block or suspend a Crypto Account.

The questions asked by FINARY make it possible to know, to better understand the motivations, and to remove doubt as to the conditions under which a User wishes a Crypto Service to be carried out.

FINARY is subject to the obligation to ask its Users questions of a regulatory nature. In the absence of a satisfactory answer and cooperation on the part of a User:

• In the case of a Crypto Service relating to a Transaction, FINARY may cancel the operation in question and be reimbursed by deducting the Service Fees and any other losses suffered by us in the context of the completion of said Transaction;
• In the case of any other Crypto Service, FINARY may decide not to provide the Service, and suspend the Crypto Account.

v. Suspension or blocking of a Crypto Account

A Crypto Account may be suspended or blocked by FINARY at any time, in particular for reasons linked to:

• Compliance with FINARY’s entry-into-relationship procedure;
• Compliance with the regulatory requirements in respect of AML-CFT;
• An express request from the competent authorities;
• Non-compliance with one of the provisions of this Agreement and/or of the General Terms and Conditions of Use;
• The legitimate suspicion that you are the victim of a scam, theft, cyberattack, extortion, manipulation, violence or blackmail, or that you are not in a position to assess the risks associated with the Investments;
• Conduct attributable to the user (insults, threats, abusive requests, etc.).

A suspended or blocked Crypto Account prevents the User from accessing the Crypto Services temporarily or permanently.

FINARY may in no case be held liable for the consequences, of whatever nature, linked to the blocking or suspension of a Crypto Account, in particular the theft or loss in value of the Digital Assets held by a Crypto Account, or any other direct or indirect damage, occurring before or after the blocking or suspension and caused by a fact not attributable to FINARY.

By “fact not attributable to FINARY” is meant any external, irresistible event beyond FINARY’s control, resulting neither from a fault nor from negligence on its part. This may in particular include, without this list being exhaustive, a hack, a security breach, a malfunction or congestion of the blockchain, a technical failure of a provider, an interruption of communication networks, a cyberattack, an act of malice, or, more generally, any case of force majeure or event beyond FINARY’s reasonable control.

vi. Deletion of a Crypto Account by the User

The User may request, at any time, to delete their Crypto Account by informing Customer Service by message in the Application or on the Website. FINARY accedes to this request within reasonable time.

The User may then either:

• Transfer their Digital Assets present on the Crypto Account to an external digital asset wallet (subject to this withdrawal being validated by FINARY’s compliance team);
• Or sell the quantity of Digital Assets at the market price in order to transfer the corresponding funds to their Electronic Money Account.

If the sale or exchange is not possible because the quantity of Digital Assets held is below the minimum threshold for the sale or exchange of that Digital Asset or for withdrawal as indicated on the Application or the Website, or for any other reason preventing this sale or withdrawal, the User must contact Customer Service to arrange said transfer, according to terms and time frames to be agreed with said Service (if this remains technically possible).

vii. Absence of right of withdrawal

By reason of the nature of the Crypto Services, the User does not benefit from a right of withdrawal under these Crypto GTC, in accordance with the provisions of Article L.221-28, 2° of the French Consumer Code.

10. The Digital Asset Custody Service

a. Availability of the Custody Service

The Custody Service is offered to Users of the crypto Services who have an operational Crypto Account accessible via the Application or the Website.

The Custody Service is accessible:

• Following a purchase of Digital Assets by a Client, the latter having first been funded via a bank transfer as indicated in “Entry-into-relationship process”;
• Following a deposit of Digital Assets in the context of the Digital Asset Transfer Service.

FINARY holds the cryptographic keys of the Digital Assets registered in the account under the conditions set out in this Agreement.

FINARY keeps all the records and accounts necessary to make it possible to distinguish at any time and without delay the digital assets deposited by each User from FINARY’s own digital assets, themselves segregated from the digital assets held by the Users.

The balance of a User’s Crypto Account is accessible at any time on the Application or the Website (except in the event of a Technical Failure, as that term is defined herein, or of Force Majeure, see “Force Majeure”).

b. Operation of the Custody Service

FINARY offers its Users the possibility of holding their Digital Assets purchased on their Crypto Account, or else deposited to their Crypto Account from an external digital asset wallet.

FINARY provides a Digital Asset Custody Service using a technical solution of a third-party service provider (DFNS); thus the digital assets are held by means of the technical processes developed by third parties.

Users do not hold the private key of the Crypto Account on which the Digital Assets held in custody by FINARY are deposited.

By accepting that FINARY holds their Digital Assets on their behalf for the duration of the custody, the User expressly authorises FINARY to dispose of them solely to the extent necessary for the completion of the operations ordered by the Client, in particular the transmission of orders with a view to their execution by partner Brokers and execution venues. FINARY retains responsibility for the restitution of the Clients’ Digital Assets.

The Client expressly acknowledges that they do not have direct access to the Digital Assets, the custody being the subject of a delegation granted to FINARY.

The Digital Assets are held by FINARY in separate accounts according to the nature of the Digital Assets. Furthermore, for the purposes of executing the orders transmitted by the Client to FINARY, the Clients’ Digital Assets are also liable to be held by Brokers acting in the capacity of sub-custodian, authorised in accordance with the applicable regulations.

The Client understands and accepts that FINARY may have recourse to such Brokers acting in the capacity of sub-custodian. FINARY ensures that the User’s Digital Assets are identifiable and separate, on the Blockchain, from its own Digital Assets.

To this end, the Users’ digital assets are stored in accounts opened for this purpose and are not stored with the digital assets held by FINARY on its own account, the custody of which is carried out in segregated accounts. It is possible that Digital Assets held on a User’s Crypto Account may become unavailable for purchase, sale, exchange or transfer by reason of the impossibility of placing the Users’ Orders via the partner Digital Asset marketplaces selected by FINARY’s Brokers.

In this situation, FINARY makes a reasonable effort to inform its Users of the future unavailability of a specific Digital Asset. In this case, the User has until the date (inclusive) notified by FINARY to exchange, withdraw to an external digital asset wallet or sell the Digital Assets concerned; failing which, the User irrevocably authorises FINARY to proceed with the sale of all such Digital Assets held on their Crypto Account.

Any proceeds of the sale of these Digital Assets are then credited to the User’s Electronic Money Account.

In this context, and within the limits of the Applicable Regulations, the User acknowledges that the sale of their Digital Assets under the conditions specified above may in no case engage FINARY’s liability.

It should be noted that the sale of Digital Assets in this case may trigger a tax event, which the User must then manage themselves (see “The status of the User”).

c. Operation of the crypto deposit Service

To benefit from the crypto deposit Service, the User must have a Crypto Account on which the onboarding process is completed, in particular the step of the first payment in euros. A suspended or blocked Crypto Account cannot use this service.

FINARY enables its Users to deposit their Digital Assets from their own digital asset wallet to the digital asset wallet address provided by FINARY; to do so the User must ensure:

• That the public address of the destination digital asset wallet is accurate;
• That the Blockchain used is the correct one (for example, a withdrawal of Bitcoin must be made on the Bitcoin Blockchain);
• That the digital asset wallet from which the Digital Assets are sent does indeed belong to them, and does not belong to a third party.

FINARY is not responsible in the event of an error in the address of the destination digital asset wallet; once a deposit is completed, it is not possible to cancel it by reason of the very nature of the Blockchain and of Digital Assets.

FINARY reserves the right to block a transaction or to delay it in the event of potential fraud, or in the event of additional verifications required under the laws in force concerning anti-money laundering and counter-terrorist financing (AML-CFT); the User may then be contacted in order to provide information concerning the transaction.

Not all Digital Assets offered by FINARY are necessarily compatible with a deposit from an external digital asset wallet. It is up to the User to inform themselves of the Digital Assets supported by FINARY.

FINARY’s compliance department may at any time request additional details, and collect additional documents, in order to satisfy the Applicable Regulations imposed on FINARY in the context of AML-CFT and the fight against fraud, in particular proof of the origin of the funds (cryptographic addresses making it possible to determine the acquisition dates of the Digital Assets, Digital Assets to be sold, proof of purchase, proof of mining, identity of the person or entity owning the original digital asset wallet, etc.).

FINARY may refuse a deposit and return the quantity of Digital Assets deposited to the Wallet; fees may then be charged at FINARY’s discretion to finalise this operation.

d. Operation of the crypto withdrawal Service

To benefit from the crypto withdrawal Service, the User must have a Crypto Account on which Digital Assets are registered. A suspended or blocked Crypto Account cannot use this service.

FINARY enables its Users to withdraw their Digital Assets to their own digital asset wallet; to do so the User must enter the address of their digital asset wallet and ensure:

• That the public address of the digital asset wallet is accurate;
• That the Blockchain used is the correct one (for example, a withdrawal of Bitcoin must be made on the Bitcoin Blockchain);
• That the digital asset wallet does indeed belong to them, and does not belong to a third party;
• That they hold sufficient funds in euros to pay the Blockchain fees;
• That the User completes their 2FA Validation in order to validate the withdrawal;
• In the event of a change to the 2FA parameters, a period of 72 hours applies, during which no withdrawal may be completed.

FINARY is not responsible in the event of an error in the address of the digital asset wallet communicated, or in the event of the communication of an address belonging to a third party; once a withdrawal is completed, it is not possible to cancel it by reason of the very nature of the Blockchain and of Digital Assets.

FINARY reserves the right to block a transaction or to delay it in the event of potential fraud, or in the event of additional verification required under the laws in force concerning AML-CFT; the User may then be contacted in order to provide information concerning the transaction.

e. Commitment and liability of FINARY

FINARY undertakes to implement the means at its disposal to ensure the security of the Digital Assets held in custody and the security and resilience of its IT systems.

FINARY has the human, material and technical means to operate an adequate Custody Service.

FINARY may be held liable only for infringements affecting its own IT systems and over which it has control.

It may not therefore be held liable for the consequences, not attributable to it, affecting the custody of digital assets, arising from:

1. A Technical Failure, including of the technical partner(s) on which FINARY relies to provide the Custody Service;
2. A case of Force Majeure (see “Force Majeure”);
3. An attack on the User's security of whatever nature, a case of kidnapping or a ransom demand relating to the User or their relatives, or ransomware;
4. A cyberattack or an act of malice on the part of computer hackers; or
5. A logical attack or a generic or other virus affecting the User's computer, messaging system, telephone or IT means;
6. An error, negligence or malicious act attributable to the User;
7. The User's non-compliance with this Agreement.

FINARY compensates Users in the event of the impossibility of restitution of the Digital Assets and/or of the means of access to the Digital Assets following an event directly attributable to FINARY.

f. Management of Forks and Airdrops

A Fork may occur when a Blockchain splits into two different chains with consensus rules different from the initial Blockchain. FINARY will examine in each individual case, at its discretion, whether the Digital Assets allocated to a User of the Fork will continue to be supported.

An Airdrop consists in distributing a Digital Asset free of charge to a third party in a random manner depending on the completion of certain services by the beneficiary. There is therefore no financial compensation claimed in return for the services. In return, the beneficiary must comply with certain commitments, which differ from one project to another.

In the event of a Fork (soft or hard) and/or an Airdrop linked to Digital Assets held by Users, FINARY will carry out a case-by-case analysis of these situations in order to determine whether or not to offer the custody and/or the negotiability of these new digital assets. FINARY makes no promise, guarantee or commitment as to the results of, or the support for, any Fork, Airdrop or any other similar event, whether contemplated, proposed or already occurred.

FINARY reserves, at its sole discretion, the right to determine whether or not it intends to claim, reference, integrate or distribute an Airdrop, a Digital Asset arising from a Fork or any other Digital Asset, as well as to set the terms and conditions applicable to such an operation, including the eligibility criteria of Users.

Furthermore, it is also possible that the Digital Asset marketplace and/or other third-party service providers participating in the provision of the Services provided to Users may not permit the effective support of Forks and Airdrops via the Platform.

11. Services for the Purchase and Sale of Digital Assets for Legal Tender

a. Purchase/sale Orders

To benefit from the Service for the purchase and sale of Digital Assets for legal tender, the User must have a Crypto Account on which euros are registered. A suspended or blocked Crypto Account cannot use this service.

Any Order is executed by a FINARY Broker on the partner Digital Asset marketplace via the Application or the Website. The manner in which FINARY receives and transmits your Orders to buy and sell Digital Assets is detailed in section 12.

b. Recurring purchase Orders

The User may automate the instruction of certain Orders via recurring purchase Orders.

In addition to being subject to the same conditions applicable to so-called classic Orders, recurring purchase Orders are subject to the following additional conditions:

1. The User defines in the Application or on the Website the period during which the recurring purchase Order is placed and repeated (the available periods are provided in the Application or the Website);
2. All recurring purchase Orders are created and transmitted to the Digital Asset marketplace for execution between 8:00 and 20:00 (Paris time zone, UTC+2);
3. Orders may be executed 7 days a week;
4. If the User's Electronic Money Account does not have a sufficient balance to pay for a given recurring purchase Order (including all fees and/or charges applicable to that Order), that particular recurring purchase Order is skipped without this affecting future scheduled recurring purchase Orders; the User is, however, informed on the Application or the Website of the insufficiency of funds before the scheduled execution of the recurring purchase Order.

c. Processing of your Orders

If your Order is accepted by us and by the marketplace, FINARY then executes it on the Digital Asset marketplace used by FINARY’s Broker.

We are not responsible for the proper execution of your Order submitted via the Application, but simply for its proper reception and transmission to our Brokers.

By opening a Crypto Account, the User consents to FINARY executing their Orders on the partner Digital Asset marketplace.

d. Submission and cancellation of Orders

Orders may only be submitted via the Application or the Website.

Orders must relate exclusively to the Digital Assets available via the Application or the Website, which FINARY makes available to its Users at its sole discretion.

The indicative price of the Digital Assets that may be purchased, sold, exchanged or transferred is communicated before validation of the transaction via the Application or the Website. FINARY sets no price and has no control over them, since these prices are provided by the Broker to the partner Digital Asset marketplace.

The execution prices of Orders may differ from the prices displayed in the Application or on the Website.

It is important to note that, by submitting an Order to FINARY, the User enters into a binding commitment to buy, sell or exchange a specific Digital Asset.

An Order may not be cancelled or withdrawn once it is executed on the partner Digital Asset marketplace.

FINARY only considers a request to cancel or modify an Order at the time of a communication of receipt of the request to the User.

FINARY may, upon receipt of any request to cancel or modify an Order, respond favourably to the User's request, but is not obliged to cancel or modify any Order after that Order has been transmitted.

FINARY uses all reasonable efforts to act on a request to cancel or modify before the execution of the Order by the broker on a Digital Asset marketplace, but disclaims, within the limit of the Applicable Regulations, any liability if such cancellation or modification is not carried out.

In the event that FINARY cancels or modifies, attempts to cancel or modify, any Order at the User's request, the latter is required to pay all fees and expenses that FINARY may have incurred.

For this reason, before having transmitted an Order, the User must verify that they:

• Have entered the correct values;
• Are able to settle the Order;
• Are certain of wishing this Order to be executed;
• Understand how this Agreement applies to this Order;
• Are willing and able to bear the risk of any potential loss associated with this Order, once completed; and
• Understand the risks associated with this Order.

It is thus the sole responsibility of the User to ensure that all Orders communicated are accurate, correct and clearly transmitted.

Notwithstanding the aforementioned provisions, all Orders transmitted to FINARY are thus considered irrevocable, and FINARY is entitled to execute these Orders via the partner Digital Asset marketplace in accordance with the terms and conditions of this Agreement.

e. Acceptance of Orders

FINARY, its Brokers and the Digital Asset marketplaces remain the ultimate decision-makers as to whether or not to accept an Order submitted by a User.

Neither FINARY nor the Broker nor the Digital Asset marketplace is required to give reasons for a refusal to accept or not an Order; nevertheless the User is informed of the rejection.

The partner Digital Asset marketplace also implements various procedures and limits in terms of risks and risk tolerance, which govern whether or not an Order is accepted; FINARY therefore has no control over these procedures and trading restrictions.

Orders may also be rejected by FINARY or the partner Digital Asset marketplace for reasons linked to:

• The trading restrictions imposed by the competent regulatory authorities on certain investments;
• The trading restrictions imposed by the partner Digital Asset marketplace on FINARY; or
• The fact that the User does not have sufficient funds on their Electronic Money Account to settle that Order; or
• Where the acceptance of an Order would breach a limit that FINARY has placed on the User’s Crypto Account or their User Account.

f. Cancellation of Orders/Positions

There are cases in which FINARY, or the partner Digital Asset marketplace, are required, at the request of third parties and in particular of the competent regulatory authorities, to cancel an Order or a Position of a User.

In such circumstances, FINARY endeavours to keep these Users informed of such a request, unless this runs counter to the initial request.

The User then consents to make all reasonable efforts to cooperate with FINARY and, to the extent necessary, with the partner Digital Asset marketplace, in order to respond to possible requests emanating from third parties.

g. Price slippage

The prices indicated in the Application or on the Website may change by reason of the volatility of the Digital Asset market, sometimes rapidly and significantly, and it may not be possible to execute an Order at the price indicated on the Application or on the Website before placing an Order.

“Price slippage” means that the price at which an Order is submitted may not be the price at which an Order is actually executed.

Depending on the circumstances, an Order may be executed at a price that will be more or less favourable than the price previously indicated via the Application or the Website when placing the Order.

FINARY has no liability towards its Users, and is in no way required to provide the price difference or to ensure the maintenance of the price indicated at the time of placing an Order, if the Order is executed at a price less favourable than that indicated at the time of the submission of the Order, if this is the result of exceptional circumstances at the Digital Asset marketplace or in the event of the suspension or interruption of the services of the partner marketplace.

h. Contract notes, statements and other information

i. Contract note

FINARY transmits a contract note for each Transaction carried out under the conditions set out in this Agreement.

The contract note is issued by FINARY, and communicated via the Application or on the Website for each Transaction, where it will be available for download in PDF format.

The contract note is made available as soon as possible and, in any event, no later than the first Business Day following the completion of the Transaction.

It is up to the User to consult their notes, and to notify FINARY, via Customer Service, of the non-receipt of a contract note at the end of the normal delivery times.

The note mentions in particular:

• The day and time of the Order;
• The type of order;
• The identification of the partner Digital Asset marketplace, where applicable;
• The identification of the Digital Asset;
• The buy/sell indicator;
• The quantity;
• The unit price in euros;
• The amount of the fees applied by FINARY; and
• The total price.

The User has a period of seven (7) Business Days, as from the date of dispatch of the contract note, to formulate any observations or complaints.

After this period, the User is deemed to have accepted the execution conditions.

ii. Periodic statements

FINARY makes available, in PDF format, a statement of the User’s Digital Assets and holdings.

The User has a period of thirty (30) calendar days, as from the date on which the statement is made available, to present any observations or complaints.

After this period, the User is deemed to have approved it, save to provide proof of an error, omission or fraud.

iii. Tax information

FINARY sends its Users, on a durable medium and as soon as possible, before the deadline for the annual income tax return that you must satisfy, a summary statement of the operations on digital assets, the latter possibly taking the form of a periodic statement mentioned in the previous point.

FINARY may ask its Users for their tax residence(s), in order to meet certain legal and tax obligations. FINARY may ask its Users to provide documents confirming this information.

Every User must inform FINARY immediately of a potential change of tax residence.

i. Indicative valuations

The indicative valuations of a User’s Investments are displayed in Euros (€) or in US Dollars ($) by applying the rates provided by the electronic money Institution and/or the partner Digital Asset marketplace.

Valuations will be updated in near real time. FINARY cannot commit to the total accuracy of the information provided in this respect, as a discrepancy may exist between the valuations indicated and the actual valuation of a User’s Investments at the time of consultation by the User.

FINARY may not engage its liability towards its Users, for any direct or indirect damage and/or any loss, if a User decides to carry out Transactions, which prove to be to their detriment, basing their investment decision exclusively on the sole indication of these valuations.

j. Submission of Orders in one’s own name

The User must act in their own name (or in the name of their company in the case of a Crypto Account for a legal person) and on their own account with regard to all Orders submitted, which means that the User is the person who buys, exchanges or sells, or takes any other action on one or more digital asset(s).

The User may not submit Orders in the name of others.

No power of attorney may be agreed on the Crypto Account opened with FINARY.

Any Order that FINARY receives via the use of the Application or the Website is considered as given in good faith and emanating from the User holding the Crypto Account, save in the event of the death of the latter or of a revocation by the User of any Order documented by the production of a document attesting to one of the aforementioned situations and communicated to FINARY, and of which FINARY has acknowledged receipt.

In accordance with the provisions of the General Terms and Conditions of Use of the Application and the Website and this Agreement, FINARY may suspend a User’s ability to transmit Orders via the Application or the Website, in particular in the event of suspicion or if FINARY has reason to believe that the Orders issued were not duly authorised by the User.

In this event, FINARY is not responsible for any loss resulting from said suspension.

FINARY is not obliged to verify the identity of the person(s) transmitting the Orders for each Transaction requested, or the accuracy or truthfulness of these Orders, and may not be held liable for any loss whatsoever (direct, indirect, special, consequential) that may result from unauthorised Orders.

All Orders shall be deemed to have been placed at the time of their respective receipt.

The User acknowledges and accepts that the placing of Orders relating to digital assets is done in the chronological order in which they are received; a displayed price may thus differ from the execution price (see “Price slippage”) before the execution of the Order(s) by reason of market volatility.

FINARY is not responsible, within the limits permitted by the Applicable Regulations, towards its Users for the losses or damage (direct or indirect) resulting from the late receipt of any Order for any reason whatsoever, instruction or communication issued by the User, or for any delay, omission, interruption of transmission or wrongful interception of any Order or instruction by means of any equipment or system.

FINARY endeavours to resolve any question or problem arising from the operation of the Application or the Website, in accordance with this Agreement and, where applicable, takes measures in line with market practices.

k. Staking and Lending

To benefit from the Staking and Lending Service, the User must have a Crypto Account on which Digital Assets are registered. A suspended or blocked Crypto Account cannot use this service.

Users domiciled or living in the United Kingdom, the United States, Canada, Singapore or Japan are not eligible, and may not use this service.

The specific conditions of Staking and Lending, such as the minimum duration, the minimum and maximum amounts, as well as the potential rewards, vary depending on the Digital Assets and networks concerned, and are indicated in the Application or on the Website at the time of confirming the Staking/Lending action.

The fees applied to the Staking and Lending Services are described here.

The reward (in the form of a yield paid in crypto) will be determined by the specific transaction conditions of the Staking/Lending product or by the protocols of the corresponding network.

The User has no right to Staking/Lending rewards until such rewards have been received by FINARY, in which case FINARY will transfer, at the earliest, the portion of the Staking/Lending reward to the User's Crypto Account.

There is no guarantee that the User will receive a Staking/Lending reward.

FINARY deploys reasonable efforts to commit all the Digital Assets for which the User uses the Staking and Lending Services.

Digital Assets that have been committed may not be withdrawn before the end of the applicable Staking/Lending period, as expressed in the application at the time of validation.

When participating in Staking/Lending programmes, the User acknowledges that:

• Unless otherwise stipulated by FINARY, Staking/Lending programmes are free of charge and the Investor may not exchange their Digital Assets immobilised during the Staking/Lending period;
• FINARY does not guarantee the receipt by Users of income;
• There is a risk that the exercise of governance over DeFi protocols may have an impact on a Staking/Lending programme, and this would be beyond FINARY's control;
• FINARY ne garantit pas les Actifs Numériques engagés pour le Staking/Lending. A ce titre, FINARY ne saurait être tenue responsable des pertes, dommages ou préjudices résultant :
  • FINARY does not guarantee the Digital Assets committed for Staking/Lending. In this respect, FINARY may not be held liable for the losses, damage or prejudice resulting from: a malfunction, bug, hack or security breach affecting the DeFi Protocols, the underlying blockchains or any technical infrastructure external to its control;
  • a decision or conduct of the User (in particular a handling error or a poor assessment of risk);
  • a force majeure event or a fact not attributable to FINARY.
• FINARY or its partner Digital Asset marketplace has the right to launch or to terminate a Staking/Lending programme for any Digital Asset, to modify the rules relating to this service over time and to modify the yields and percentages of rewards paid to the User depending on the product selected or the protocol;
• The User ensures that the origins of the Digital Assets held comply with the Applicable Regulations. FINARY has the right to take the necessary measures in accordance with this Agreement, including, without limitation, the freezing of Crypto Accounts or the deduction of all or part of the Digital Assets corresponding to your rewards if the User breaches the applicable rules of the Staking and Lending Services;
• All the yield rates announced reflect the estimated reward that will be generated and sent to Users in Digital Assets, and not the fiat value of the Digital Assets. FINARY may indicate the past performance of Digital Assets to estimate the future rewards of digital assets. The User acknowledges and accepts, however, that these indications cannot serve as a reasonable basis for predicting the future rewards that will be generated by the immobilisation of their Digital Assets.

Finally, by accepting these Crypto GTC, the User understands and accepts that the Staking and Lending services offered by FINARY do not constitute a financial or investment service within the meaning of the applicable French and European regulations, and in particular within the meaning of Regulation (EU) 2023/1114 on markets in crypto-assets. These services are not regulated by the Autorité des Marchés Financiers and do not benefit from any legal guarantee in respect of deposit protection, capital guarantee or performance.

12. Order Reception and Transmission Service

The Order Reception and Transmission Service enables FINARY to receive, on behalf of the User, orders relating to Digital Assets and to transmit them to a Broker so that they are executed in accordance with the User's instructions. In this context, FINARY acts as an intermediary and does not itself carry out the execution of orders. Responsibility for execution falls exclusively to the Broker or to the execution venue to which the order is transmitted.

Orders are initiated by the User via the interface made available by FINARY. Each order must contain the following information:

• the type of order (purchase, sale, exchange);
• the Digital Asset concerned;
• the quantity;
• any specific instructions of the User (price limit, period of validity, etc.).

By accepting these Crypto GTC, you understand and accept that FINARY may modify, split and aggregate Users' orders with a view to their execution by the Broker.

In accordance with the Applicable Regulations, FINARY receives no remuneration, rebate, benefit in kind or non-monetary inducement in consideration for the routing of orders to a specific Broker or platform. The relationships between FINARY and its Brokers are based on objective, transparent and documented criteria, aimed at guaranteeing the best possible handling of the orders transmitted on behalf of Users. FINARY informs the User, on request, of the main criteria for the selection of the Brokers and execution venues to which it has recourse.

FINARY takes all reasonable measures to prevent any misuse of information relating to pending orders. Its staff and providers are subject to strict obligations of confidentiality and non-disclosure of information concerning Users' orders.

FINARY ensures that no operation for its own account or on behalf of a third party is executed on the basis of information relating to orders not yet transmitted or executed.

FINARY acts under a best-efforts obligation to ensure the rapid and correct transmission of Users' orders. It may not be held liable for:

• the execution conditions of an order on the platform or with the chosen Broker;
• a refusal or error attributable to the Broker or the platform;
• an interruption, slowdown or technical malfunction of external origin;
• any fact not attributable to FINARY, as defined in these Crypto GTC.

The User is informed without delay, via their interface, of the reception, transmission and, where applicable, execution of their orders. FINARY keeps the complete history of orders received and transmitted, accessible to the User from their Crypto Account.

13. Digital Asset Transfer Service

The Transfer Service offered by FINARY enables the User to send or receive Digital Assets from or to an external address, on a Blockchain or any other equivalent technological infrastructure.

The Transfer Service covers the following operations:

• Withdrawals of Digital Assets: transfers of Digital Assets held on the User’s Crypto Account to an external digital asset wallet previously designated by them;
• Deposits of Digital Assets: transfers of Digital Assets from an external digital asset wallet to the User’s Crypto Account;
• Transfers of Digital Assets to third-party protocols or providers: transfers carried out by FINARY on behalf of the User in the context of specific services (in particular staking, lending or any other asset-delegation offering), subject to the express and prior consent of the User.

The execution of a transfer order is subject to the following cumulative conditions:

• the User is duly identified and authenticated in accordance with FINARY’s internal procedures;
• the Digital Assets concerned are available, not immobilised and not subject to any freezing, blocking or legal restriction measure;
• the destination digital asset wallet has been validated by the User;
• the information communicated by the User (amount, type of Digital Asset, address) is accurate and complete.

FINARY reserves the right to suspend, refuse or subject to enhanced verification any transfer order deemed incomplete, inconsistent, suspicious or contrary to the regulations, in particular in respect of AML-CFT.

FINARY does everything possible to ensure a diligent and transparent execution of transfers and informs the User, via their interface, of the state of progress and the final status of each operation.

Transfers of Digital Assets executed on a Blockchain are irreversible upon their validation by the network.

The User acknowledges that it is incumbent upon them to verify carefully the accuracy of the information entered, in particular the destination address. FINARY may not be held liable for the losses or damage resulting from a data-entry error, an incorrect address, a mishandling or any fraudulent action external to its control.

14. Electronic Money Account

a. General

To open a Crypto Account via the Application, the User must also open an Electronic Money Account, which is done automatically at the time of creating their Crypto Account and after completion of the entry-into-relationship with FINARY.

FINARY, not being an issuer of electronic money nor an agent of such a provider, has made arrangements for the User to benefit from an Electronic Money Account with an Electronic Money Institution.

This account is limited by the Electronic Money Institution to use in the context of our Platform.

The closing of a Crypto Account may entail the closing of the Electronic Money Account.

The Electronic Money Account and the related payment services are provided to the User by the Electronic Money Institution. Thus, the User understands and accepts that FINARY is not their contractual counterparty in the context of the services linked to the Electronic Money Account.

The electronic money credited to the Electronic Money Account is held by the Electronic Money Institution, in accordance with the protection rules laid down for this type of provider.

The assets held on this account are not eligible for the deposit guarantee mechanism.

Any electronic money necessary to settle Transactions, or any amount linked to the Transactions, will be debited from the User’s Electronic Money Account on the very day of the Transaction and paid the same day into a settlement Electronic Money Account, opened with the Electronic Money Institution, for the purposes of transmitting the payment to FINARY’s partner Digital Asset marketplace.

b. Partial holding of funds in EURC

In order to enable the instantaneous execution of the User’s Orders, a fraction of the funds appearing on their Electronic Money Account may be held in EURC. This holding constitutes an operational and commercial necessity of the Service, the execution of Orders on FINARY’s partner marketplaces requiring the holding of Digital Assets and not of funds in legal tender.

The fraction of the funds liable to be held in EURC is determined according to an allocation key internal to FINARY and is subject to a cap, set at the 99th percentile of the immediately investable liquidity needs observed across all Users over the past year.

The User acknowledges that EURC is a Digital Asset (an Electronic Money Token within the meaning of MiCA) and not a sum in euros; as such, the portion held in EURC is not covered by the deposit guarantee mechanism.

The holding of part of the funds in EURC affords the User two successive levels of protection.

On the one hand, EURC benefits from a guarantee of its own: as an electronic money token governed by MiCA, it grants its holder a right of redemption at par, at the rate of one euro for one EURC, exercisable at any time directly with its issuer; this first-rank protection operates independently of FINARY.

On the other hand, should this redemption at par not be obtainable in full, in particular in the event of a default of the issuer of EURC, FINARY re-establishes the counter-value in euros at the rate of one euro for one EURC; FINARY assumes this commitment in its capacity as author of the conversion of the User’s euros into EURC, such that the User recovers the corresponding value in euros. The portion held in EURC is kept by FINARY in a manner segregated from its own holdings, identified as belonging to the Users and individually reconstitutable at any time in FINARY’s records, in accordance with its obligations of safekeeping of the clients’ Digital Assets.

In this respect: You acknowledge and accept that, in order to enable the instantaneous execution of your orders, part of the funds that you hold in euros may be kept by FINARY in the form of EURC, an electronic money token denominated in euro and governed by MiCA.

You understand that EURC is a digital asset and not a sum in euros, and that it is not covered by the deposit guarantee mechanism.

In consideration, EURC grants you a right of redemption at par, one euro for one EURC, exercisable with its issuer; and should this redemption not be obtainable in full, FINARY will re-establish the counter-value in euros at the rate of one euro for one EURC. You may at any time, and free of charge, request the reconversion of this portion into euros.

c. Settlement of Orders in electronic money

Before placing an Order, the User must credit their Electronic Money Account by sending money from a bank account (see below); any first deposit must necessarily be made from a bank account in order to be able to unlock other Services (in particular deposit by bank card, or the deposit of digital assets).

i. Deposit via bank transfer

The User must make a deposit in euros from a bank payment account in the client’s name with a financial institution established in a Member State of the European Union or of the European Economic Area.

It is not possible to transfer funds in Euros (nor in any other legal tender) via a payment account that is not in the User’s name.

Any deposit must be made in Euros, via a SEPA transfer; any other means of payment may be refused and returned to the issuing account, FINARY not then being responsible for the costs or fees incurred by the Investor at the time of initiating the transfer.

A legal-person Investor may not deposit funds from the accounts of natural persons; it must indeed deposit funds solely from the accounts of its company.

ii. Deposit via Bank Card, Google Pay or Apple Pay deposit

I. General provisions

The User may make a deposit in Euros via their bank card in their name, issued by a regulated institution within the European Union or the European Economic Area, once their first deposit by bank transfer has been made.

It is not possible to deposit funds in Euros (nor in any other legal tender) via a bank card that is not in the User's name.

FINARY may not be held liable for the consequences of the use of a bank card not belonging to the User, or of a Purchase operation that is cancelled or fails.

Payments made by bank card are only intended to fund their Electronic Money Account (these are deposits).

Any subsequent conversion into Digital Assets, or the purchases concerned, are not considered as linked to the initial transaction carried out by the User by bank card to fund their Electronic Money Account.

A legal-person User may not deposit funds from the accounts of natural persons; it must indeed deposit funds solely from a bank card in the name of its company.

II. Bank Card payment fees

Transaction fees may be applied when using the bank card to make a deposit on FINARY.

The specific transaction fees and limits will be clearly indicated on the application before validation of the transaction.

Users are responsible for verifying and understanding these fees and limits before carrying out transactions.

III. Security of Bank Card deposits

FINARY delegates the securing of banking transactions to the bank card partner (here, Stripe).

The information relating to a bank card is transmitted by the User directly to the bank card partner via an API integrated into the Platform.

All bank card deposits are secured by 3D-Secure.

IV. Combating Bank Card fraud

FINARY implements security measures to protect Users' bank card information. However, Users are responsible for the security of their bank card information and must take additional precautions to avoid unauthorised transactions, such as the use of Strong Passwords.

The risk of fraud and unauthorised use is the main risk to which Users are exposed: bank card information may be intercepted or used fraudulently by third parties.

Users must regularly monitor their bank statements and report any suspicious transaction to their bank.

By carrying out transactions by bank card on the Platform, Users acknowledge and accept the associated risks and agree that FINARY and its partners may not be held liable for the losses or damage suffered in connection with the use of the bank card for investments in Digital Assets.

FINARY reserves the right to place weekly and monthly limits on deposits in euros from a bank card; moreover, the use of a VPN by the Investor is liable to block bank card deposits, and FINARY may not have its liability engaged as a result of the failure of a deposit due to the use of a VPN by the Investor.

Furthermore, this refusal will not be the subject of any compensation whatsoever.

The bank card partner is responsible for the correct execution of the bank card deposits made by the User. In the event of:

1. An unauthorised or improperly executed payment operation; or
2. Loss, theft or misappropriation of their bank card, the User is required to declare it to the bank card partner as soon as possible. FINARY may not be held liable for such operations.

The bank card deposit may be subject to additional identity and documentary checks. Verification of the validity of the payment is delegated to the bank card partner.

The information entered must be accurate. In particular, in the case of a bank card deposit, the name of the cardholder on the card must correspond to the name of the holder of the bank account.

Failing this, FINARY reserves the right to suspend access to the account until the information entered by the User has been verified.

15. Reciprocal Obligations

a. Our declarations and commitments

FINARY acts in compliance with the Applicable Regulations, in accordance with the practices and usages of the profession.

Within the limits permitted by the Applicable Regulations, FINARY may not be held liable for any breach of our contractual obligations or for any financial loss in the event of force majeure, or of any other event beyond our control against which we could not reasonably have guarded, such as a breakdown in the means of transmission of Orders between:

• Users and FINARY; or
• Between FINARY and the Electronic Money Institution; or
• Between FINARY and the partner Digital Asset marketplace.

b. Your declarations and commitments

The User is required to give all the information necessary to enable the opening of their Crypto Account, then, after the execution of their Orders, the regular registration to their Crypto Account of the Transactions processed, of any commitments entered into and of the Digital Assets held.

The User undertakes to use the Content and the information transmitted exclusively for their personal use, or the use of their company in the case of a Crypto Account opened for a legal-person client.

The User accepts full responsibility for the Transactions initiated via the Application or the Website.

In addition, the User:

• Declares that they had access, prior to the opening of their Crypto Account under the conditions set out in this Agreement, to a general description of the nature and risks of the Digital Assets to which the Crypto Services covered herein could relate, and thus:
• Has access to a reminder of the risks associated with investment in Digital Assets on the page dedicated to risks on FINARY's Website (here);
• Declares that they are aware of the volatility of the price of digital assets and of the random nature of the operations carried out on the Digital Asset marketplace, as well as of the extent of the risks that may arise from the execution of the operations that the User has initiated via the Application;
• Acknowledges that they have not been the subject of any act of banking and financial canvassing (démarchage) with a view to the conclusion of this Agreement;
• Déclare, au moment de la prise de connaissance des présentes :
  • That they are not affected by any prohibition or incapacity to engage in the terms hereof, with regard to French law, their national law and/or the law of their country of residence;
  • That they are not limited in the implementation of the operations provided for by the terms of this Agreement by reason of their matrimonial regime or their professional obligations;
  • That they comply with the contractual, legal, tax and regulatory provisions applicable to the operations carried out in the context hereof, and that they will communicate to FINARY the documents necessary for the performance of our contractual, legal, tax and regulatory obligations. The User undertakes to inform FINARY diligently in the event of a modification of one of these elements.

In addition, it is strictly prohibited to use the Services offered by FINARY for the following purposes:

• The carrying out of illegal or fraudulent activities or activities infringing the rights or security of third parties;
• The disturbance of public order or the violation of the laws and regulations in force;
• Intrusion into the computer system of a third party or any activity of a nature to harm, control, interfere with, or intercept all or part of the computer system of a third party, to violate its integrity or security;
• Manipulations intended to improve the search-engine ranking of a third-party site;
• Assistance or incitement, in any form and in any manner whatsoever, to one or more of the acts and activities described above;
• And, more generally, any practice diverting the Services to purposes other than those for which they were designed.

It is strictly prohibited for Users to copy and/or divert for their own purposes or those of third parties the data collected on the Platform other than that which belongs to the Users, the concept, the technologies or any other element of the Platform.

Also strictly prohibited are: (i) any conduct of a nature to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into FINARY's systems, (iii) any diversion of the system resources of the Platform, (iv) any action of a nature to impose a disproportionate load on the latter's infrastructure, (v) any breach of the security and authentication measures, (vi) any act of a nature to infringe the financial, commercial or moral rights and interests of FINARY, (vii) any conduct of a nature to copy, modify or divert any element belonging to FINARY or any concept that it operates in the context of the Services, and, finally, more generally (viii) any breach of this General Terms and Conditions Agreement.

It is strictly prohibited to monetise, sell or grant all or part of the access to the Services or to the Platform, as well as to the information hosted and/or shared therein.

16. Liability and Exemption from Liability of FINARY

TO THE EXTENT PERMITTED BY LAW, FINARY DISCLAIMS ALL LIABILITY FOR LOSSES OF BENEFITS, REVENUE, VALUE, PROFITS OR DATA, OR FOR DIRECT, INTANGIBLE, INDIRECT OR CONSEQUENTIAL DAMAGES THAT THE USER OR A THIRD PARTY SUFFERS.

Within the limits permitted by the Applicable Regulations, FINARY’s liability towards its Users may not be engaged in the event of:

• Non-performance or improper performance of the User’s Agreement;
• Fraud, negligence or error attributable to the User;
• The occurrence of a case of Force Majeure, a Technical Failure or one or more events provided for in the preceding articles; and/or
• In application of any other specific provision relating to our absence of liability under this Agreement, and/or the General Terms and Conditions of Use of the Application and the Website.

The User is solely responsible for the choices they make in the use of the Services offered by FINARY.

The User is duly warned of the risks surrounding the Services and the digital assets. In this context, FINARY may not be held liable for:

• The stability of the price of digital assets, by reason of their great volatility;
• The loss, theft or disclosure to a third party, voluntarily or involuntarily, of the User’s connection Identifiers or password;
• A cyberattack, a computer virus, malware, a breakdown, a theft, a loss or failure of the telephone or IT device blocking access to the Crypto Account or leading to allowing access thereto to a third party, and a theft of the User’s Digital Assets;
• Burglary, theft, extortion, violence, blackmail, scam, manipulation of a person, abuse of weakness, or any other criminal offences suffered by the User and having been able to result in the loss of digital assets or the completion of Crypto Services not desired by the latter;
• The loss or theft of digital assets, in any manner whatsoever;
• The loss or theft of funds, of the Electronic Money Account, in any manner whatsoever;
• An unlawful use of the digital assets purchased through FINARY.

17. Advertising of the Crypto Services

FINARY may publish and/or send to the User any advertising or promotional messages in connection with the Crypto Services, whether:

• Temporary promotion;
• Advertising of existing Crypto Services;
• Advertising of new Crypto Services.

The User may choose their advertising and notification preferences within the Application or the Website.

18. Personal Data and Confidentiality

FINARY practises a personal data protection policy and a cookies policy, and attaches paramount importance to the protection of the personal data of all its Users.

The two aforementioned policies make it possible to review and understand how the personal data of Users is processed.

19. Customer Service

a. General provisions

Customer Service undertakes to respond efficiently and rapidly to all requests and questions from its Users, and this within the shortest possible time.

b. Email

FINARY’s Customer Service is reachable by e-mail at the following address: hello@FINARY.com.

c. Chat

In addition to the e-mail address above, a chat service is in place on the Application or the Website in order to respond efficiently to Users’ questions.

d. Availability

Customer Service is accessible from Monday to Friday, excluding non-working days or public holidays, from 8 a.m. to 6 p.m. Depending on the need identified, FINARY will estimate the response time and keep the User informed thereof.

20. Force Majeure, Duration, Modifications and Termination of these Crypto GTC

a. Force Majeure

No Party may have its liability engaged for a failure to perform its contractual obligations if that failure is due to an event beyond the Parties’ control and constituting force majeure, as defined in Article 1218 of the French Civil Code.

By force majeure, the parties agree to understand in particular the occurrence of an event presenting the characteristics of unforeseeability and irresistibility habitually recognised by French law and courts, as well as strikes, terrorist activities, riots, insurrections, wars, governmental actions, epidemics, natural disasters or a failure attributable to a third-party telecommunications provider.

The prevented party must inform the other party as soon as possible, indicating the nature of the case of force majeure. The parties will come together in order to determine jointly the most appropriate means to remedy, if possible, the consequences of the event(s) constituting force majeure.

If the case of force majeure lasts more than 3 (three) months, each party may terminate its contract as of right, without judicial formality, without notice and without any right to compensation of any kind, by sending a registered letter with acknowledgement of receipt having immediate effect.

If, following a case of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it remains responsible for the performance of the obligations that are not affected by the case of force majeure, as well as for its payment obligations.

As soon as the case of force majeure ceases, the prevented party must immediately inform the other party and resume the performance of the affected obligations within a reasonable time.

b. Modification of the Crypto GTC

FINARY reserves the possibility of modifying these Crypto GTC at any time, in particular with a view to adapting them to developments in the Services or in the legislation in force, and will inform the User by any useful written means, in particular by e-mail, at least 2 (two) calendar months before their entry into force.

The User is deemed to have accepted the modification of the Crypto GTC if they have not notified FINARY, before the proposed date of entry into force of that modification, that they do not accept it.

If the User has taken out a Subscription, the modified Crypto GTC are applicable on the day of the renewal of the Subscription (see “General Terms and Conditions of Use of the Application and the Website”).

If the User refuses the modification of the Crypto GTC, they may unsubscribe from the Crypto Services, free of charge, before the proposed date of entry into force of the modified Crypto GTC, according to the terms described in the article above.

It follows that FINARY may in no case be held liable for any damage resulting from the modification of the Crypto GTC where the User refrains from unsubscribing from the Crypto Services and continues to use the Crypto Services after the entry into force of the modification.

c. Consequences of the denunciation of the Services

In the event of termination of the Services, FINARY proceeds with the deletion, in its information systems, of any other Data relating to the User and their Crypto Account, with the exception of the information that must possibly be kept by FINARY under its legal obligations, in particular in respect of AML-CFT.

21. Other Stipulations

a. Non-waiver

The fact that neither FINARY nor a User has required the application of any clause whatsoever, whether permanently or temporarily, may in no case be considered as a waiver of the rights of either of the two parties to assert said clause.

b. Assignment

These Crypto GTC may not be the subject of a total or partial assignment by the User, whether for consideration or free of charge.

In the event of a breach of this prohibition, the Crypto GTC will be immediately terminated by FINARY without notice, and the User’s liability may be engaged.

c. Nullity and independence of the clauses

In the event that one of the provisions of these Crypto GTC were to be held by a competent court to be null or unenforceable, in whole or in part, by virtue of the law, that provision will, to the extent necessary, be deemed no longer to form an integral part of the Crypto GTC. Nevertheless, the legality, validity and binding character of the other provisions of the Crypto GTC will remain fully in force and will produce their effects.

d. Language

The language used for the drafting of the contractual documents and subsequent communications between FINARY and the User is French. The contractual documents and certain subsequent communications are also available in English for indicative purposes only. In the event of conflict or divergence between the English version and the French version, the French version prevails over the translated English version.

e. Nullity of the Conditions

The nullity of one of the provisions of the Conditions does not entail the nullity of all of these Crypto GTC.

f. Complaints and mediation

If the User has a complaint concerning the Services provided under this Agreement, they are invited to inform FINARY as soon as possible.

In this case, FINARY may be contacted via an e-mail to the address reclamations@FINARY.com or the chat function in the Application or the Website.

For more information concerning the manner in which FINARY handles complaints, or to know the remedies in the event of dissatisfaction, the User must consult FINARY’s Complaints Handling Policy.

If the handling of a complaint does not satisfy the User, the latter may refer the matter to the competent consumer ombudsman of the AMF, via the dedicated website or by post:

The Ombudsman
Autorité des marchés financiers
17, place de la Bourse
75082 PARIS CEDEX 02

If the User is a foreign consumer but located in the European Union, they may go to the European online dispute resolution platform for consumer law, accessible here.

g. Applicable law and Competent Jurisdiction

The General Terms and Conditions are governed by French law.

For professional Users, any dispute arising from these Crypto GTC will be settled by the courts within the jurisdiction of the Paris Court of Appeal.

As regards consumer clients, any dispute arising from these Crypto GTC will be settled by the competent jurisdiction under the conditions of ordinary law.