Effective date: June 17, 2021
FINARY (hereinafter: "FINARY") publishes and operates a platform accessible from the website https://finary.eu (hereinafter: "Platform") through which it offers its users (hereinafter: "Users") a solution allowing them to access a complete view of their assets in real time.
The functional and technical characteristics of the Platform are described on the website https://finary.eu (hereafter the "Site").
The purpose of these general terms and conditions (hereinafter referred to as the "General Terms and Conditions") is to define the terms and conditions of use of the services offered on the Platform (hereinafter referred to as the "Services") as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the page of the Site and the Platform.
2.Platform and Services Operator, contact
The Platform and the Services are operated by FINARY, a SAS registered in the Bobigny Trade and Companies Register under the number 892 357 724, whose head office is located at 95 avenue du Président Wilson, 93100 Montreuil, France
FINARY can be contacted at the following address: 95 avenue du Président Wilson, 93100 Montreuil Email address : [email protected]
3.access to the Platform and the Services
The Platform and the Services are accessible:
Any natural person with full legal capacity to enter into commitments under these Terms and Conditions. A natural person who does not have full legal capacity may only access the Platform and the Services with the consent of his/her legal representative.
Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
4.acceptance of the General Conditions
The acceptance of the present General Conditions by the User is materialized by a checkbox in the registration form.
This acceptance can only be full and complete. Any conditional acceptance is considered null and void. The User who does not agree to be bound by these Terms and Conditions must not access the Platform or use the Services.
articulation with Stripe's intervention and general conditions
5.1 Users are expressly informed and agree that all payments made through the Site are managed by Stripe, a company licensed as an electronic money institution, registered in the Paris Trade and Companies Register under no. 807 572 011, whose registered office is located at 10 Boulevard Haussmann, 75009 Paris (hereinafter referred to as "Electronic Money Institution").
Users contract directly with the Electronic Money Institution for the implementation of these financial transactions by accepting the Electronic Money Institution's terms and conditions which are available at https://stripe.com/fr/legal and to which reference is expressly made, whereby acceptance of these terms and conditions in the manner set forth in section 4 shall constitute express acceptance of the Electronic Money Institution's terms and conditions.
In the event of any inconsistency between the Electronic Money Institution's terms and conditions and these terms and conditions, the latter shall prevail.
5.2.1 As part of the Services, Users shall transmit all payment instructions to the Electronic Money Institution through their Personal Space. Accordingly, Users expressly authorize FINARY to transmit such instructions to the Electronic Money Institution on their behalf and for their account.
5.3.As the Premium Service requires the implementation of payments, Users are informed and agree that the refusal of the Electronic Money Institution to accept the User's registration as a user of its own services, as well as the termination of the contract between a User and the Electronic Money Institution, for whatever reason, will automatically result in the termination of the Premium Service.
Conversely, termination of the Premium Service will automatically and by operation of law result in the termination of the contract between such User and the Electronic Money Institution.
6.1 The use of the Services requires the User to register on the Platform, by filling in the form provided for this purpose. The User must provide all the information marked as mandatory, in particular his/her name, first name, professional email address and password. The User acknowledges and accepts that the email address provided on the registration form constitutes his/her login.
Any incomplete registration will not be validated.
Registration will result in the opening of an account in User's name (hereinafter: the "Account"), giving User access to a personal area (hereinafter: the "Personal Area") that will allow User to manage its use of the Services in a form and according to the technical means that FINARY deems most appropriate to render said Services.
6.2 User warrants that all information provided in the registration form is accurate, current and truthful and is not misleading.
He/she agrees to update this information in his/her Personal Space in case of modifications, so that it always corresponds to the above-mentioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User is binding upon validation.
6.3.The User may access his Personal Space at any time after having identified himself using his login and password.
The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he bears full responsibility.
User is also responsible for maintaining the confidentiality and security of User's user ID and password, and any access to the Platform using User's user ID and password is deemed to be by User. User shall immediately contact FINARY if User notices that User's Account has been used without User's knowledge. User acknowledges that FINARY has the right to take appropriate action in such cases.
7.1.Description of the Services
Prior to any online subscription and in application of the provisions of article L111-1 of the French Consumer Code, the User may consult the Services on the Site.
User shall have access to the following Services in a form and with the functionality and technical means FINARY deems most appropriate.
FINARY offers two types of Services to the User:
A free service (hereinafter the "Freemium Service") allowing the aggregation of asset data (savings books, PEA, life insurance, cryptos ...);
A paying service (hereinafter the "Premium Service"), subscribed to in the form of a subscription (hereinafter the "Subscription"), offering advanced analyses of the User's assets (risk profile, detailed breakdown, borrowing capacity, available liquidity level, etc.).
7.2.Hosting of the Platform
FINARY agrees to provide, on a best effort basis, hosting of Accounts and any content posted by User on his Account in accordance with industry practice and the state of the art, on its own servers or by a professional hosting provider operating in accordance with industry practice and the state of the art.
FINARY agrees to provide User with sufficient storage and processing capacity for the Services in accordance with industry practice and the state of the art.
FINARY will implement all state-of-the-art technical measures necessary to ensure security and access to the Services, including protection and monitoring of the infrastructure, control of physical and/or intangible access to the infrastructure, and detection, prevention and recovery measures to protect the servers from malicious acts.
FINARY also agrees to take all reasonable precautions, in view of 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 unauthorized third parties.
7.3 Technical assistance
FINARY provides User with technical assistance accessible by email at the following address: [email protected], allowing User to report any difficulty encountered while using the Services and accessing the Platform.
FINARY reserves the right to offer any other Services it deems appropriate, in a form and with the features and technical means it deems most appropriate to provide such Services.
8.service level guarantee
FINARY is committed to ensuring the permanence, continuity and quality of access to the Services.
FINARY will use its best efforts to maintain 24/7 access to the Platform.
In addition, due to the complexity of the Internet, the uneven capacity of the various sub-networks, the influx of traffic at certain times, and the various bottlenecks over which FINARY has no control, FINARY's liability will be limited to the operation of its servers, the outer limits of which are the connection points.
FINARY shall not be liable for (i) access speeds to its servers, (ii) slowdowns external to its servers, and (iii) poor transmissions due to failure or malfunction of these networks and (iv) poor internet connection.
If necessary, FINARY reserves the right to limit or suspend access to the Platform for maintenance and/or improvement. In this case, FINARY will inform User in advance of any such maintenance and/or upgrades, within a reasonable time, by any means necessary, including a general notice on the Platform of such maintenance.
During the course of maintenance and/or upgrades, FINARY will use its best efforts to make backups of the content stored on User's Account and/or the Platform.
The User acknowledges and agrees that this service level guarantee does not cover any failure or interruption of the Services due to telecom operators or internet and mobile web service providers or poor internet coverage or saturation of internet access related to the location of an event.
In any case, it is expressly agreed that the violation of any commitment provided for in this article may not in any case be sanctioned by the termination of contractual relations with its User, and its liability will be limited under the conditions provided for hereinafter in the article "Liability".
9.1.Price of the Services
The Freemium Services identified in the article "Description of the Services" of the General Conditions are provided to the User free of charge.
Access to Premium Services is subject to payment by the User of the price indicated on the Platform.
The prices are expressed in Euros, French taxes not included.
FINARY reserves the right, in its sole discretion and on terms and conditions to be determined by FINARY, to make promotional offers or price reductions.
9.2 Price revision
The prices referred to in the "Prices" section are subject to revision by FINARY at any time, in its sole discretion.
User shall be notified of such changes by FINARY by any written means (including email) at least one month prior to the effective date of the new prices.
These apply as soon as they come into force.
If the User does not accept the new prices, he/she must terminate his/her Subscription in accordance with the terms and conditions set out in the article "Duration of Services/Unsubscription" and stop using the Services. Otherwise, he will be deemed to have accepted the new prices.
The Services are subject to invoices per Subscription Period which are communicated to the User by any useful means.
9.4 Terms of payment
The price of the Premium Service is due upon subscription, or in the case of a promotional offer by FINARY, upon expiration of the promotional offer.
Payment can be made online, by direct debit, through the secure online payment service of the Electronic Money Institution or by any other means that will be proposed on the Site at the time of the order.
User warrants to FINARY that User has the necessary authorization to use the payment method selected.
9.5 Late payments and defaults
The User is informed and expressly accepts that any delay in payment of all or part of an amount due to FINARY on its due date will automatically, and from the day following the date of payment appearing on the invoice :
The forfeiture of all sums due by the User and their immediate payment, whatever the terms of payment that had been provided;
- Immediate suspension of the Services and access to the Platform until full payment of all amounts due;
The invoicing to FINARY of a late payment interest, due by the sole fact of the due date of the contractual term, at the rate of 3 (three) times the legal interest rate, based on the amount of the debt not paid on the due date and a fixed compensation of 40 (forty) euros for collection costs, without prejudice to an additional compensation if the collection costs actually incurred are higher than this amount
10.duration of the services and unsubscription
The Freemium Service is subscribed for an indefinite period of time.
The User can unsubscribe from the Freemium Service at any time, directly on his Personal Space or by sending a request to this effect to FINARY by email, to the coordinates mentioned in the article " Platform and Services Operator, contact ".
Unsubscription is effective within a maximum of 7 (seven) days from this request. It leads to the passage in free plan of the User's Account.
FINARY reserves the right to close and delete any Account that remains inactive for a continuous period of 6 (six) months.
The Premium Service is subscribed to in the form of an annual or monthly Subscription (hereafter: the "Initial Period").
At the end of the Initial Term, the Subscription shall be automatically renewed unless terminated by FINARY or User at the latest before the end of the Initial Term.
If the Subscription is renewed at the end of the Initial Term, it shall be renewed for successive terms of the same duration, unless terminated by User or FINARY by the last day of the current month or year.
In any case, the termination of the Subscription is done by email or via the User's Personal Space and takes effect at the end of the Subscription period during which the request is sent.
The User is informed of the provisions of Article L215-1 of the Consumer Code:
"For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional providing the services shall inform the consumer in writing, by letter or dedicated e-mail, no earlier than three months and no later than one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, shall mention, in an apparent box, the deadline for non-renewal.
Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the date of termination, less the sums corresponding, until that date, to the performance of the contract. The provisions of this article apply without prejudice to those which legally subject certain contracts to special rules regarding consumer information. »
- right of withdrawal
The User has a right of withdrawal, during a period of 14 (fourteen) days as from his signature of the present contract. The User may exercise this right by sending to FINARY, before the expiration of the aforementioned period, the form in the Appendix of the present document, duly completed, or any other unambiguous statement expressing the User's desire to withdraw.
Upon exercise of the right of withdrawal, FINARY will refund to User all payments received from User without undue delay and in any event no later than 14 (fourteen) days from the date FINARY is informed of User's decision to withdraw. Refunds will be made using the same method of payment used for the original transaction, unless User expressly agrees to a different method. In any case, this refund will not incur any costs for the User.
If User has requested that Services begin prior to the expiration of the withdrawal period by checking the box in the User's registration form, User may exercise its right of withdrawal within the time period and in the manner set forth above. In this case, the customer shall be liable to FINARY for the price of the Subscription, prorated for the period of time elapsed until the customer notifies FINARY of its decision to withdraw.
- agreement of proof
The User expressly acknowledges and agrees:
that the data collected on the Platform and FINARY's computer equipment are proof of the reality of the operations carried out under the present contract,
that this data is the primary form of evidence admitted between the parties.
- Obligations and responsibility of the User
Without prejudice to the other obligations provided for in these General Conditions, the User undertakes to comply with the following obligations:
13.1 The User undertakes, in his use of the Services, to respect the General Conditions, as well as the laws and regulations in force, and not to infringe the rights of third parties or public order.
He is solely responsible for his use of the Platform and the Services.
13.2 User agrees to provide FINARY with all information necessary for the proper performance of the Services. User agrees to cooperate actively with FINARY in the performance of the Terms and Conditions.
13.3.User shall be solely responsible for the documents, materials, data, information and other content User provides to FINARY in connection with the Services. User warrants to FINARY that User has the authority to provide such materials to FINARY and that User has all rights and consents necessary to use such materials in connection with the Services.
13.4.The User acknowledges having read the Platform and its characteristics.
13.5 The User agrees to make strictly personal use of the Services. Consequently, he/she shall not assign, concede or transfer all or part of his/her rights or obligations hereunder to a third party, in any manner whatsoever.
13.6 The User is solely responsible for the content of any kind (editorial, graphic, audio, audiovisual or other) that he/she publishes on the Platform (hereinafter the "Content") and for any consequences that may arise from it.
13.7 User warrants to FINARY that User has all necessary rights and permissions to distribute such Content. User agrees that such Content is lawful, does not violate public policy, public decency, or the rights of third parties, does not violate any law or regulation, and more generally, is not likely to give rise to any civil or criminal liability on the part of FINARY.
The User is thus prohibited from distributing, in particular and without this list being exhaustive :
- child pornography, pornography, defamation, insulting, racist, obscene, indecent, shocking, violent, xenophobic or revisionist Content
- infringing Content,
- Content that infringes on the image of a third party,
- Content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,
- and more generally, Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any way and in any form whatsoever.
14.Warranty of the User
User shall indemnify FINARY against any and all claims, demands, actions, and/or causes of action that FINARY may suffer as a result of User's breach of any of its obligations or warranties under these Terms and Conditions.
User agrees to indemnify FINARY for any and all damages, costs, charges and/or judgments that FINARY may incur as a result.
- liability and warranty of finary
15.1.FINARY shall provide the Services in a diligent and workmanlike manner, with the understanding that FINARY shall provide the Services on a best effort basis, to the exclusion of any obligation of result, which User expressly acknowledges and agrees.
15.2.FINARY shall act exclusively for the purpose of providing the Services described in these Terms and Conditions.
15.3FINARY does not warrant that the Services will meet all of User's needs and expectations.
15.4 The Platform is only a set of tools to help User understand the extent of his or her assets, by gathering and analyzing the data User has entered. FINARY does not guarantee the completeness or the updating of this data, which is the sole responsibility of the User.
FINARY shall not be liable for any decisions made by User or any third party designated by User, nor for the success of any transaction or investment of any kind that User may wish to engage in after registration on the Platform. FINARY shall not be liable for any Content posted by User on the Platform, which it does not control, verify or moderate in any way.
15.5.FINARY will regularly check the operation and accessibility of the Platform and the Site. FINARY reserves the right to temporarily suspend access to the Platform for maintenance purposes.
Similarly, FINARY shall not be liable for temporary difficulties or impossibilities in accessing its Application due to circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks, Users being advised of the complexity of global networks and the influx of Internet users at certain times.
15.6. The Services are provided by FINARY on an "as is" basis without warranty of any kind, either express or implied. In particular, FINARY does not warrant to Users that (i) the Services, being subject to continuous research to improve performance and progress, will be free from errors, defects or deficiencies, (ii) the Services, being standard and not offered solely for the use of a particular User based on his or her own personal constraints, will specifically meet his or her needs and expectations.
- Prohibited behaviors
16.1.It is strictly prohibited to use the Services for the following purposes:
the exercise of illegal or fraudulent activities or activities that infringe on the rights or safety of third parties, the violation of public order or the violation of laws and regulations in force,
- Intrusion into a third party's computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security,
manipulations intended to improve the referencing of a third party site,
aiding or abetting, in any form or manner, 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.
16.2 Users are strictly prohibited from copying and/or misappropriating for their own purposes or for those of third parties the data retrieved from the Platform other than those belonging to the Users, the concept, the technologies or any other element of the Platform.
16.3 The following are also strictly prohibited: (i) any behavior that interrupts, suspends, slows down or prevents the continuity of the Services, (ii) any intrusions or attempted intrusions into FINARY's systems, (iii) any misappropriation of the Platform's system resources, (iv) any actions that impose a disproportionate burden on the Platform's infrastructure, (v) any breach of security and authentication measures, (vi) any act that may be detrimental to the financial, commercial, or moral rights and interests of FINARY, and more generally (vii) any breach of these Terms and Conditions.
16.4.It is strictly forbidden to monetize, sell or license all or part of the access to the Services or the Platform, as well as the information hosted and/or shared therein.
- Sanctions for Default
In the event of a breach of any of the provisions of the Terms and Conditions, or more generally, a breach of laws and regulations by the User, FINARY reserves the right to take any appropriate action and in particular to:
suspend, remove or prevent access to the Services of the User who is the author of the breach or infringement, or who has participated in it, delete any Content related to the breach or violation in whole or in part,
- take all appropriate measures and initiate any legal action,
- to warn the competent authorities, if necessary, to cooperate with them and to provide them with all the information useful for the research and the repression of illegal or illicit activities.
The User is informed and accepts that any breach of its obligations may result in the immediate termination of its Account by FINARY, by any written means, in addition to the consequences set forth above.
Each party agrees to keep strictly confidential any documents, materials, data, and information of the other party that are expressly identified by the other party as confidential. In the case of FINARY, the parties expressly agree that this obligation of confidentiality covers any personal data that FINARY may process for User in connection with the Services.
All such information is hereinafter referred to as "Confidential Information".
The party receiving Confidential Information agrees not to disclose it without the prior consent of the other party for a period of 3 (three) years from the completion of the relevant Services. It may not pass them on to employees, collaborators, trainees or consultants unless they are bound by the same obligation of confidentiality as that provided for herein. This obligation does not extend to documents, elements, data and information:
i. of which the receiving party had prior knowledge; ii. already public at the time of their communication or which would become public without violation of the General Conditions; iii. that would have been lawfully received from a third party; iv. required to be disclosed by judicial authorities, in application of laws and regulations or in order to establish a party's rights under the General Conditions.
v. Intellectual Property
The systems, software, structures, infrastructures, databases, codes and contents of any kind (texts, images, visuals, logos, trademarks, databases, etc.) used by FINARY on the Platform, excluding the Contents which belong to the User, are protected by all intellectual property rights or rights of the producers of databases in force.
All disassembling, decompiling, decrypting, extracting, reusing, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of FINARY are strictly forbidden and may be subject to legal proceedings. vi. Authorization for the dissemination of the image and testimonies
a. User expressly authorizes FINARY to use User's profile picture for purposes of illustration on or promotion of the Site, by any means and in any medium, worldwide, for the duration of User's registration on the Site. This authorization is granted free of charge.
b. During the term of their use of the Services, Users authorize FINARY to use the testimonials they post on the Site (the "Testimonials") for the promotion of the Site, as follows:
They agree that their Testimonials may be published free of charge by FINARY on the Site and on all other French or foreign websites, published by all companies with which the Company has agreements, They agree that their Testimonials may be disseminated by FINARY by any means and in any medium for the purpose of promoting the Site, They accept that their Testimonies be translated into all languages, They recognize and accept that the Testimonies can be the object of modifications, notably as for their framing, their format and their colors, as well as alterations or degradations in their quality, according to the technical constraints of the Site, They waive their right to claim from FINARY any remuneration, fee, indemnity, or financial compensation for this.
vii. Personal data
viii. Commercial references
User expressly authorizes FINARY to quote User and to use User's trademark or logo as a commercial reference, including at events, in its commercial documents, on its Platform and Site, in any form whatsoever during the term of the Services and 5 (five) years after their termination.
ix. Links and third party sites
FINARY shall not be responsible for the technical availability of websites operated by third parties (including any of its partners) that User accesses through the Platform.
FINARY is not responsible for any transactions between User and any advertiser, professional or merchant (including any of its partners) to whom User may be directed through the Platform and shall not be a party to any disputes with such third parties regarding the purchase of products and/or services, warranties, representations or other obligations of such third parties.
x. Force majeure
Neither Party may be held liable for failure to perform its contractual obligations if such failure is due to an event beyond the control of the Parties and constitutes force majeure, as defined in Article 1218 of the Civil Code.
By force majeure, the parties agree to understand in particular the occurrence of an event presenting the characteristics of unpredictability and irresistibility usually recognized by French law and courts as well as strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or failure attributable to a third party telecommunications provider.
The prevented party shall inform the other party as soon as possible, indicating the nature of the force majeure event. The parties shall meet to determine together the most appropriate means to mitigate, if possible, the consequences of the event(s) constituting the force majeure.
If the case of force majeure lasts more than 3 (three) months, each party may terminate its contract by right, without judicial formality, without notice and without right to compensation of any kind, by sending a registered letter with acknowledgement of receipt with immediate effect.
If, as a result of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it shall remain liable for the performance of those obligations which are not affected by the force majeure as well as for its payment obligations.
Upon cessation of the force majeure event, the prevented party shall immediately inform the other party and resume performance of the affected obligations within a reasonable time.
FINARY, in cooperation with User, reserves the right to insert on any page of the Platform and in any communication to Users any advertising or promotional messages in a form and under conditions to be determined by FINARY.
FINARY reserves the right to change these Terms and Conditions at any time.
The Users will be informed of these modifications by any useful means.
Users who do not accept the modified Terms and Conditions must unsubscribe from the Services in accordance with the terms and conditions set out in the article "Duration of Services and Unsubscription".
Any User who uses the Services after the entry into force of the modified General Terms and Conditions is deemed to have accepted these modifications.
In the event of a translation of these General Terms and Conditions into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute over the meaning of a term or provision.
xiv. Applicable law and jurisdiction
The General Conditions are subject to French law and will be governed and interpreted according to that law.
Any dispute that may arise in connection with their validity, interpretation or execution shall be submitted to the exclusive jurisdiction of the Commercial Court of Paris (France), unless otherwise provided by mandatory procedural rules.
Appendix - Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of :CompanyName
Address: [---] Phone: [---] E-mail address: [---]
I hereby notify you of my withdrawal from the contract for the following services: [to be completed].
Registration on the site [to be completed] on :
Name of User(s) :
Address of the User(s) :
Signature of the User(s) : (only in case of notification of this form on paper)