Terms of use

Effective date : 19/07/2023

  1. FINARY identification and legal details

FINARY (“FINARY”) is registered with the RCS de Bobigny : 892 357 724, a limited liability company with a capital of 1000 €, with the following VAT number : FR60892357724.

Finary registered address is 95 avenue du Président Wilson, 93100 Montreuil.

FINARY is a registered Digital Asset Service Provider (DASP - PSAN in French), under the AMF, with the registration number E2022-057, allowing Finary to offer the following services :

FINARY is a qualified Financial Advisor (”Conseiller en Investissement Financiers” - CIF) registered with the ORIAS (registration number 21001279), with a membership with the “Chambre nationale des conseils en gestion de patrimoine” under the scrutiny of the French “Autorité des Marchés Financiers” (AMF) with a professional liability insurance contracted with MMA IARD.

FINARY email address for general information is  : [email protected].

Our legal notice is available on our website here, or on our mobile application.

  1. Preamble
    1. Manifesto

Here are the main points you need to know about FINARY before reading our General Conditions of Use (T&C's):

  • FINARY enables you to manage your assets and plan your financial goals;
  • Transparency is a fundamental value for us, we attach the greatest importance to respecting your privacy and in this sense respect the provisions of the French Data Protection Act no. 78-17 of January 6, 1978 as amended and the General Data Protection Regulation applicable in France since May 25, 2018 ;
  • Your bank cannot object to the use of our service;
  • Your personal and banking data belong to you and you remain in control of them. In particular, you have the option of revoking bank connections, deleting them or limiting their scope at any time, moreover, FINARY does not have access to your bank connection identifiers (ID and password) ;
  • You are hereby informed that the use of FINARY services through the FINARY application or the finary.com website implies acceptance, without reservation, of the present Terms and Conditions.

Acceptance of the present T&C's by the User is effective as soon as the User ticks the box provided for this purpose "I accept FINARY's General Conditions" in the Application and on the site, at the time of requesting registration to FINARY's Services, and in particular in the event of creation of an Investor Profile under the conditions described herein. If the User does not accept all of the General Terms and Conditions, the User must not access the services offered by FINARY. Use of FINARY services implies acceptance by the User of the present General Terms and Conditions.

If you have any questions about the Terms and Conditions, you can contact us by e-mail at the address given in the "Customer Service" section.

Enjoy your visit!

2. Data security

The security of User Data is a top priority for FINARY, which offers a very high level of security for its Services. To this end, FINARY uses encryption algorithms in accordance with the highest, proven standards of computer security.

FINARY therefore undertakes to do its utmost to ensure the security of the Platform and User Data.

The User therefore declares :

  • Their are aware of the nature and technical characteristics of information systems and accepts their technical constraints, response times for consulting, querying or transferring Data relating to the Services and the risks they entail;
  • Be solely responsible for the use and implementation of security, protection and backup measures for their equipment, Data and software. In this respect, he/she undertakes to take all appropriate measures to protect them;
  • Not to commit any act that might jeopardize or alter, in any way whatsoever, the security of FINARY's information systems.

The following security recommendations are made to Users:

  • Ensure that any password chosen includes numbers, upper and lower case letters and punctuation marks, and is at least 8 characters long, as well as a complex password. Here are the CNIL's recommendations on this subject;
  • The User is strongly advised not to use the Services on a cell phone or computer that he or she does not own, or whose use is shared with a third party;
  • The User must immediately inform FINARY (see article "Customer Service") of any failure of his Personal Space or of any doubt as to a possible fraudulent access to his Personal Space ;
  • The User must immediately inform FINARY (see article "Customer Service") in the event of loss, theft, misappropriation and more generally of any compromise of the confidentiality of the Data he has disclosed to FINARY.

Furthermore, identity theft and "phishing" practices are at the heart of FINARY's concerns. Protecting User information from identity theft is one of our priorities.

In case of doubt or in the event of proven phishing, the User is invited to inform FINARY immediately by sending a message to the address shown in the "Customer Service" article.

  1. General terms and conditions

FINARY publishes and operates a Platform accessible from the website https://finary.com and from the mobile Application accessible on android and ios through which it offers its Users a solution enabling them to access a complete view of their assets in real time (the "Services").

The functional and technical characteristics of the Platform are described on the https://finary.com website and on the Application.

The purpose of these terms and conditions is to define the terms and conditions of use of the services offered on the Platform and apply, without restriction or reservation, to any use of the Services offered on the Platform, and to define the rights and obligations of the parties in this context.

They are accessible and printable at any time via a direct link in the footer of the Site and Platform.

They may be supplemented by Special Terms and Conditions, which complete the present General Terms and Conditions. If these General Terms and Conditions conflict with all or part of the Special Terms and Conditions, the General Terms and Conditions shall prevail.

  1. Risks associated with investing in Digital Assets

Investing in digital assets involves certain risks and is not suitable for all investors.

As with any investment, market, liquidity, capital loss, return, counterparty, cybersecurity and other risks must be taken into consideration.

For digital assets in particular, past performance is not a reliable indicator of future performance.

3. Volatility risk

Digital assets can be highly volatile, leading to significant price fluctuations and a negative impact on the value of your portfolio. The value of digital assets can fluctuate sharply and rapidly.

This volatility means that when the investor buys a digital asset whose price rises, it can fall just as quickly.

4. Risk of capital loss

Market fluctuations can cause your investment to depreciate in line with volatility. A drop in the market may result in a loss of capital.

5. Counterparty risk

Counterparty risk is the risk that a defaulting counterparty will no longer be able to meet its commitments.

6. Liquidity risk

Digital assets may have limited liquidity, making it difficult or impossible to sell one or more of your digital assets.

7. Tax risk

You are responsible for determining the taxes to which you are subject in respect of the investments and transactions you carry out via the Finary Services. It is your responsibility to declare and pay all taxes and other levies to which you are subject in connection with the transactions you carry out.

8. Legal risk

The legal and regulatory status of certain digital assets and services is subject to change and evolution, which may directly affect the value of the digital assets you hold.

9. Intrinsic risks associated with digital assets

Given the nature of digital assets and their underlying technologies, there are a number of intrinsic risks, including:

  • Flaws, defects, hacking, errors, protocol failures, or any unforeseen circumstances arising on the protocols or any technology related to the technologies on which the digital assets are based;
  • Transactions involving digital assets are irreversible. Consequently, losses due to fraudulent or accidental transactions may not be recoverable;
  • Access problems of any kind between Finary's management system and the services provided by third parties to carry out the Finary Services.
  1. Definitions

Access Data: Refers to data shared with the Account Information Services provider, including your Login ID and password. This data is not visible and is not shared with FINARY.

Account information service provider: Refers to the service provider duly authorized through its solution and enabling a payment services user (natural or legal person) to group together on a single interface (website and/or mobile application) information on balances and transactions carried out on several or all of its accounts. This service is not provided by FINARY, but by a contracted service provider. In order to benefit from the Account Information Services, the User will contact the service provider directly and accept its terms and conditions by ticking a box on the Platform in accordance with what is set out in the article "Description of the Services offered" of the General Terms and Conditions.

Anti Money Laundering and Counter Terrorism Financing: (AML-CFT) refers to the fight against money laundering and the financing of terrorism as defined by the CMF, and giving rise to the implementation of a system for evaluating customer transactions in compliance with the regulations in force in France and Europe, as they may evolve.

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

Banking Connections: Refers to connections published and developed by account information service providers.

Conversion or Exchange of Digital Assets for other Digital Assets: Refers to a Service provided by FINARY, the exchange of a quantity of one type of Digital Asset for a quantity of another Digital Asset.

Digital Asset Custodians: Refers to a Service provided by a Digital Asset Service Provider, and consists of holding the private keys enabling transactions to be carried out with Digital Assets. This Service is not provided by FINARY, but by a subcontractor.

Digital Assets: is a digital representation of values or rights that can be transferred and stored electronically, using blockchain or similar technology. Digital assets are legally defined as:

1° The tokens mentioned in Article L. 552-2 of the French Monetary and Financial Code ("CMF"), excluding those fulfilling the characteristics of financial instruments mentioned in Article L. 211-1 and savings bonds mentioned in Article L. 223-1 of the same code ;

2° Any digital representation of a value which is not issued or guaranteed by a central bank or public authority, which is not necessarily attached to a legal tender and which does not have the legal status of a currency, but which is accepted by natural or legal persons as a means of exchange and which can be transferred, stored or exchanged electronically. This definition is subject to change in accordance with changes in applicable law.

"Dollar Cost Average: (DCA) Refers to a way of investing in an asset on a one-off basis, via an Investment Plan.

Fees: Refers to the collection by FINARY of an amount in euros in return for a Service provided by FINARY to the User.

FINARY AI functionality: Refers to the functionality enabling Users to have their financial portfolio reviewed by GPT 4, and receive general recommendations and assets allocations.

FINARY Plus: Refers to the FINARY Subscription service, providing premium services to Users wishing to benefit from them.

Freemium Services: Refers to the services accessible free of charge without a FINARY Plus subscription, offered to FINARY Users on its Platform.

General Terms & Conditions or T&C’s: Corresponds to the present general conditions of use of FINARY governing the Services applicable to all FINARY Users, if necessary supplemented or amended by the Special Conditions.

The T&C’s are available for download on the Site and can be consulted on the Application; they are also sent to the Customer by e-mail. In particular, the Customer must validate them when creating a User Account.

Insights functionality: Refers to the functionality enabling Users to obtain details of the location and diversification of their investment, the weighting of fees, and other relevant information.

Invest functionality: Refers to the functionality enabling Users to invest in assets via the FINARY platform.

**Investment Plan: **Refers to a recurring, pre-scheduled purchase of Digital Assets as part of the Invest Functionality.

Investor Profile: Refers to the profile of a User who has opened an investment plan as part of the Invest Functionality.

"Know Your Client": (KYC) refers to the relationship entry and constant vigilance process implemented by FINARY as part of its Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) program. This process includes the collection of certain documents, and constant analysis of investor transactions. FINARY carries out these procedures for any User or person wishing to access Finary Services.

Party: Refers to Finary or a User.

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

Premium Services: Refers to services accessible via FINARY Plus subscription, offered to FINARY Users on its Platform.

Predict functionality: Refers to the functionality enabling Users to have their financial portfolio reviewed through the Monte Carlo simulation, and get potential simulations and projections of their wealth in the future, these projection are dependant of the data available at the time of the projection.

PSAN: Refers to the quality of Service Provider on Digital Assets in France only, a regulated status instituted by the PACTE law of May 22, 2019. This status is granted by the Autorité des Marchés Financiers ("AMF") and validated by the Autorité de Contrôle Prudentiel et de Résolution ("ACPR") through a registration or approval procedure.

Secret Code: 4-digit code used to connect to the Finary mobile application.

Services: Refers to the various services offered by FINARY through the Platform.

Service Provider(s): refers to the third-party companies and suppliers involved in the provision of certain Finary Services, as indicated in the Special Terms and Conditions.

Site: Refers to the FINARY website available at the following address: https://finary.com/. As well as all other addresses linked to this domain.

Special Conditions: Corresponds to the conditions of use specific to certain Services, which supplement the present General Conditions.

Subscription: Corresponds to our FINARY Plus subscription.

Testimonials: Refers to reviews published by Users on the Site.

Track Functionality: Refers to the functionality enabling Users to add their accounts and track the progress of their investments.

Transaction: Refers to a Purchase, Sale in Digital Assets or Legal Tender Currency, or Conversion of a Digital Asset by a User.

Users: A User may be a natural person with full legal capacity, or a legal entity acting through a natural person with the power or authorization required to contract in the User's name and on the User's behalf. The User has the status of (i) a consumer, understood as any natural person acting for purposes that do not fall within the scope of his or her professional activity, or (ii) a non-professional, understood as any legal entity acting outside the scope of its usual professional activities. The User who is a professional, understood as any natural person or legal entity acting for purposes within the scope of its commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name of or on behalf of another professional, is invited to contact FINARY directly at the coordinates mentioned in the article "Identification of FINARY and legal information".

User Account: means a unique and personal nominative account allowing access to FINARY's services on its Site or on the Application. The identifier of a User Account is a valid and personal e-mail address. A User Account is protected by a password which must respect the imposed format.

Wallet: Refers to the portfolio of digital assets in which the User's Digital Assets are kept. Reference to the term "Portfolio" or "Wallet" is used indifferently to designate the portfolio for which the private keys enabling access to the User's Digital Assets are held, and/or the self-hosted portfolio for which the User alone holds the means of access.

Withdrawal of Digital Assets: Refers to the withdrawal of your Digital Assets from your User Account, and their transmission to public addresses associated with digital asset portfolios.

Withdrawal of fiat currency: Refers to the withdrawal of your Digital Assets from your User Account, their conversion into legal tender, and the transmission of these funds to accounts held by payment service providers.

2FA Validation: Refers to double authentication to access the User Account.

  1. Application of terms and conditions - Opposability and Proof

The Terms and Conditions are available on our Site (https://finary.com/en/terms) and on the FINARY Application. These conditions are expressly accepted when creating a FINARY account and when using each Service for the first time. Use of FINARY Services constitutes acceptance of these T&C’s.

Insofar as updates are notified to you and new versions are published directly on the Site and the Application, these T&C’s and their modifications are enforceable against you.

In this respect, the User acknowledges that any breach of the T&C’s may result in the suspension or termination of his/her User Account, as well as the immediate refusal to use all or part of the Services in accordance with the provisions set out in the article "Suspension of a User Account" of the T&C’s.

  1. Services offered 10. Description of services offered

Prior to any online subscription, and in particular in application of the provisions of article L111-1 of the French Consumer Code, the User may view the Services on the Platform.

The Services to which the User has access are described on the Platform.

In particular, the User has access to the following Services, in a form and according to the functionalities and technical means that FINARY deems most appropriate.

FINARY offers the following Services to the User:

  • The mobile application and the Finary web page, and thus to register for the service;
  • The Track functionality for aggregating asset data (savings books, PEA, life insurance, Digital Assets);
  • The "Portfolio" function, which tracks the evolution of your asset data;
  • The Invest functionality, offering investment services on digital assets, in particular :
    • Buying digital assets
    • Sale of digital assets
    • Exchanging Digital Assets for other Digital Assets
    • Retention of Digital Assets
    • Deposit and withdrawal (of Digital Assets and legal tender)
    • Withdrawal (of Digital Assets and legal tender currencies)
  • The "Insights" feature, which enhances the value of data extracted by Track, and presents key information relating to the User's wealth situation;
  • The "Predict" Functionality, which enables Users to visualize the expected future performance of their assets;
  • The “Finary AI” Functionality, which enables Users to have their financial wealth reviewed by GPT 4, and receive general recommendations, and assets allocations, as well as allowing Finary users to interact with GPT 4. As a reminder, this is not a personalised recommendation, and is not financial advice.

The detailed breakdown of which services are available with a free version, or with a subscription as well as the subscription’s price are described here.

In order to benefit from the Account Information Services, the User must contract directly with FINARY's contracted service provider by accepting its terms and conditions through a checkbox on the Platform.

Any request for modification of the contracted Services will require a new subscription.

11. Service level guarantee

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

In this respect, FINARY will make its best efforts to maintain access to the Platform 24 hours a day, 7 days a week.

In addition, given the complexity of the Internet, the unequal capacities of the various sub-networks, the influx at certain times, and the various bottlenecks over which FINARY has no control, FINARY's responsibility will be limited to the operation of its servers, the outer limits of which are constituted by the connection points.

FINARY cannot be held responsible for (i) access speeds to its servers, (ii) external slowdowns to its servers, and (iii) poor transmissions due to a failure or malfunction of these networks and (iv) a poor Internet connection.

If necessary, FINARY reserves the right to limit or suspend access to the Platform in order to carry out maintenance and/or improvement operations. In this case, FINARY undertakes to inform the User in advance of these maintenance and/or improvement operations, within a reasonable period of time, by all useful means and in particular by a general information message on the Platform concerning these maintenance operations.

As part of these maintenance and/or improvement operations, FINARY undertakes to make its best efforts to back up the content stored on the User's Account and/or the Platform.

The User acknowledges and accepts that the present service level guarantee does not cover any failure or interruption of the Services caused by telecom operators or Internet and mobile web access providers or by poor Internet coverage or saturation of Internet access linked to the location of an event.

In any event, it is expressly agreed that the breach of any of the undertakings set out in the present article may under no circumstances be sanctioned by the termination of contractual relations with its User, and its liability will be limited under the conditions set out below in the article "FINARY's liability".

The User is informed that in case of breakdown, maintenance, or update of FINARY's systems, access to his User Account may be temporarily suspended. In such a case, FINARY will endeavor to notify the User as soon as possible and will use its best efforts to restore access to the Services as quickly as possible.

It should be noted, however, that access to the Banking Connections (in particular access to the payment account within a Credit Institution) is managed by an account information service provider (such as Powens), and any technical failure emanating from these connectors is subject to compliance with the service level of these providers in accordance with their general terms and conditions accepted by the User.

12. Service hosting

FINARY undertakes to ensure, under the terms of an obligation of means, the hosting of User Accounts and any content published by the User on his User Account in accordance with the practices of the profession and the state of the art, on its own servers or by a professional hosting service provider, carrying out 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 capacity for the Services, in accordance with industry practice and the state of the art.

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

FINARY also undertakes to take all necessary precautions, in view of the nature of the data and the risks presented by the automated data processing implemented for the needs 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.

FINARY offers the User technical assistance accessible by email at the address available in the "Customer Service" article, enabling the User to report any difficulties encountered when using the Services and accessing the Platform.

13. Other services

FINARY reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and technical means it deems most appropriate to render said Services.

  1. Developments

Users who wish to personalize their experience may carry out developments (the "Developments") in order to create functionalities that are not offered by Finary, on the basis of public and freely accessible resources, access to which is facilitated by Finary.

The creation of and access to said Developments requires the User to leave the Finary environment.

This option is open to Users in the spirit of sharing. The User may thus freely decide to make these Developments available to other Users.

Finary assumes no responsibility for the quality or functioning of the Developments created by Users in the context of this article, since they are not part of a Service offered by Finary.

Finary takes no part whatsoever in the creation of the Developments and may in no case be held liable in the event of prejudice caused by the use of the Developments.

In the event that Finary is interested in one or more Developments made by a User, the User and Finary will meet to discuss in good faith a possible transfer or license of rights to said Developments to Finary.

In any event, the User undertakes not to associate Finary in any way whatsoever with the Developments made by the User. The User shall hold Finary harmless against any claim and/or action that may be brought against it under this article. The User shall indemnify Finary for any loss suffered and reimburse Finary for any sums it may have to bear as a result.

  1. Conditions for opening a User Account

Acceptance of the present T&C’s by the User is evidenced in the Application and on the Site by ticking the box provided for this purpose "I accept FINARY's General Conditions". Acceptance is made at the time of requesting registration to FINARY's Services and/or at the time of requesting creation of an Investor Profile, as specified in the article "Conditions specific to the Invest Functionality".

If the User does not accept all of the General Terms and Conditions, he/she must not access the Services. Access to and use of the Services implies acceptance of these General Terms and Conditions.

Such acceptance must be full and complete. Any conditional acceptance is considered null and void. Users who do not agree to be bound by these General Terms and Conditions must not access the Platform or use the Services.

The opening of a User Account and the maintenance of the contractual relationship are conditional upon the establishment and maintenance of the User's principal residence and nationality in a country located in the European Union, within the European Economic Area, or in a country not included in the list of countries under international sanctions, nor in any prohibited countries by one of FINARY’s provider.

FINARY cannot be held responsible for the consequences of the refusal to create a User Account or the termination of contractual relations with a User due to restrictions linked to his 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 simple decision of FINARY or by regulatory obligations.

The User undertakes to create only one User Account within the Service for his personal use.

Multi-accounting is forbidden in order to ensure the effectiveness of anti-fraud measures. Consequently, the Service reserves the right to delete any additional User accounts without notice or delay. The Service may not be held liable in any way on this basis.

Identification Data created by the User must remain strictly personal and confidential. The User is solely responsible for the use of his Identification Data and undertakes not to divulge them to anyone, under any pretext and for any reason whatsoever. The User may modify his Secret Code at any time within the Application.

The User ensures that the e-mail address entered when creating his/her User Account is correct and that it is his/her 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 he/she provides an incorrect e-mail address, the owner of this address may receive the information provided by the Services concerned.

The User therefore releases FINARY from all liability and guarantees FINARY against all consequences arising directly or indirectly from an incorrect e-mail address. All access and use of the Services using the e-mail address and password entered are thus deemed to have been carried out by the User concerned.

  1. Registration for Services 14. Creating a User Account

To subscribe to the Services, you must (i) download the Application or visit the Site, (ii) create Identification Data, (iii) create a strong password (in accordance with the provisions of article "Data security" of these T&C’s), (iv) read the T&C’s and (v) accept them in accordance with the provisions of article "Conditions for opening a User Account" of these T&C’s.

To connect to his User Account, the User has the choice between (i) entering his Identification Data, (ii) entering his Secret Code or (iii) using another device among those proposed by FINARY (for example, a fingerprint or facial recognition device if the medium on which the User uses the Application allows it), (iv) validating the 2FA Validation process.

When the User uses the Services from the Site or the Application, he/she can disconnect from his/her User Account via the disconnection feature of the Site or the Application.

In order to use the Services, the User must register on the Platform, by filling in the appropriate form and providing FINARY with all the information marked as mandatory.

The User must provide a valid email address, and create a strong password, in accordance with the provisions of the article "Data security" of the present T&C’s.

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 leads to the opening of a User Account in the name of the User, which allows him/her to manage his/her use of the Services in a form and according to the technical means that FINARY deems most appropriate to render said Services.

The User may add his first name, last name, annual salary, monthly expenses and tax rate within the parameters of the Services, this is not mandatory to create a User profile, but provides a more personalized experience.

The User warrants that all information provided in the registration form is accurate, up-to-date and truthful, and is not misleading.

He/she undertakes to update this information in his/her User Account in the event of any modifications, so that it always corresponds to the aforementioned criteria.

The User is hereby informed and accepts that the information entered for the purposes of creating or updating his/her User Account shall constitute proof of his/her identity.

The User may access his User Account at any time by logging in using his login (email) and password (on PIN on the Application) and validating his 2FA.

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 assumes full responsibility for doing so.

The User is likewise responsible for maintaining the confidentiality and security of his/her login and password, any access to the Platform using the latter being deemed to have been made by the User. The User must immediately contact FINARY if he notices that his User Account has been used without his knowledge (in accordance with the provisions of article "Data security" of the present T&C’s).

The User acknowledges FINARY's right to take all appropriate measures in such a case.

15. Bank connection

The Bank Connection Service is an integral part of the Track Functionality, and enables Users to connect via secure APIs their bank accounts (payment accounts only) via one or more Account Information Service providers duly registered with their local regulator.

The User accepts the T&C’s of the account information service provider at the time of selecting the credit institution with which he/she holds a payment account, and enters Access Data in order to connect securely with his/her credit institution.

If the aforementioned provider refuses or terminates the User's subscription, the User may not/no longer use the Account Information Services. Conversely, termination of the contractual relationship between the User and FINARY will result in termination of the User's contract with the account information service provider.

As a reminder, FINARY does not have access to the Access Data shared with the account information service provider, so FINARY cannot consult or save this Access Data.

The User declares and guarantees to FINARY:

  • To be the owner of the Access Data provided for the use of the Services or that he has all the powers and authorizations necessary to authorize FINARY to provide the Services on behalf of third parties, in accordance with the article "Authorization" below;
  • Not to share his Access Data with third parties. 16. Authorization

When the User subscribes to the present GTU for the needs of a third party (including legal entities), he certifies on his honor that he is empowered and has all the powers and authorizations necessary to accept the GTU and authorize FINARY to provide the Services on his behalf.

In this case, the User is authorized to access only the Data for which he is entitled to know. The User undertakes to justify any such request at FINARY's first request, and to provide proof of his authorization in support of his assertions.

The User fully guarantees FINARY against all consequences arising from a claim by a third party (including legal entities) concerning this authorization and/or in the event of fraud.

17. FINARY Plus and Subscription conditions 
    1. General terms and conditions

FINARY Plus services offer additional functionalities whose characteristics are described here or in the Application menu.

The provisions below are not applicable in the case of subscription to the Services by the User via the Apple Store or Google Store insofar as the User is then bound by the general terms and conditions of use of the Apple Store and Google Store with regard to the management and payment of their subscription to the Services.

If you subscribe through Apple Store or Google Store, please contact them directly.

Subscription to Premium Services (FINARY Plus) is made directly online from the appropriate interfaces, on the Application or the Site or by clicking here, after acceptance of the T&Cs and verification of the desired order for the desired duration. Access to the selected Premium Service is granted upon subscription.

Subscription to the Premium Service concerned is confirmed by an e-mail sent to the address provided by the User, summarizing the subscription conditions.

When the User subscribes to Premium Services for the needs of a third party, he/she undertakes to comply with the provisions of the "Authorization" article herein and certifies that he/she is authorized and has all the powers and authorizations necessary to act on behalf of the person concerned (including legal entities), fully guaranteeing FINARY against all claims relating to this authorization and/or in the event of fraud.

    2. FINARY Plus Service prices

The Freemium Services identified in the article "Description of proposed Services" of the General Terms and Conditions are provided to the User free of charge.

Access to Premium Services requires the User to subscribe to a monthly or annual Subscription, the price of which is indicated on the Platform.

The price of the Subscription is expressed in euros, inclusive of all taxes.

Any Subscription period started is due in full.

FINARY reserves the right, at its sole discretion, to offer promotional offers or price reductions.

    3. Revision of prices

The prices referred to in the article "FINARY Plus service prices" may be revised by FINARY at any time, at its sole discretion.

The User will be informed of these modifications by FINARY by any written means (and in particular by email) under the conditions specified in the article "Modification of the T&C's" herein.

They will apply as soon as they come into force.

Users who do not accept the new prices must terminate their Subscription in accordance with the terms and conditions set out in the article "Subscription duration and termination" and stop using the Services. Failing this, the User will be deemed to have accepted the new prices.

    4. Billing

Invoices for the Services are issued for each Subscription period and communicated to the User by any appropriate means.

    5. Terms of payment

The price of the Subscription is due as soon as it is subscribed, or in the case of a promotional offer proposed by FINARY, as soon as the duration of the promotional offer has expired.

Payment may be made online, by direct debit, via the secure online payment service specified on the Platform, or by any other means proposed on the Platform when the Subscription is taken out.

The User guarantees FINARY that he/she has the necessary authorizations to use the chosen method of payment.

    6. Late and non-payment

In the event of default or late payment, FINARY reserves the right, from the day after the due date shown on the invoice, to :

  • immediately suspend Services in progress until full payment has been received;
  • charge interest at the legal rate, without prejudice to further compensation;
  • declare all sums owed by the User to be immediately due and payable.

The User is hereby informed of the provisions of article L215-1 of the French Consumer Code:

"For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by dedicated letter or e-mail, no earlier than three months and no later than one month before the end of the period authorizing the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear, comprehensible terms, mentions the non-renewal deadline in a visible box.

Where this information has not been sent to the consumer 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 contract to a fixed-term contract, are in this case reimbursed within thirty days of the termination date, after deduction of sums corresponding, up to that date, to the performance of the contract. The provisions of this article apply without prejudice to those which by law subject certain contracts to special rules concerning consumer information.

    7. Right of withdrawal

The User has the right to withdraw from the contract within a period of 14 (fourteen) days from acceptance of these T&C's. The User may exercise this right by writing to FINARY at the address mentioned in the article "Identification of FINARY and legal information", before the expiry of the aforementioned period.

If the right of withdrawal is exercised, FINARY will reimburse the User for all payments received from the User, without undue delay and, in any event, no later than 14 (fourteen) days from the date on which FINARY was informed of the User's decision to withdraw. Reimbursement will be made using the same means of payment as that used for the initial transaction, unless the User expressly agrees to a different means. In any event, this refund will not incur any costs for the User.

    8. Contact email 

The email address to be used in the event of a cancellation request, refund request or exercise of the right of withdrawal is available in the "Customer Service" section.

18. Obligations and responsibilities of the User

In using the Services, the User undertakes to comply with the General Terms and Conditions, as well as with the laws and regulations in force and applicable to him/her, and not to infringe the rights of third parties or public order.

The User is solely responsible for his or her use of the Services, and for his or her access to services provided by Providers to which he or she may have access via the Platform, or any Finary Service, where such access requires the signature of the

Provider's general terms and conditions.

The User agrees to provide FINARY with all information necessary for the proper execution of the Services. More generally, the User undertakes to cooperate actively with FINARY, and with any third party service provider with whom he enters into a contractual relationship within the framework of the Services, with a view to the proper execution of the General Conditions.

The User is solely responsible for the documents, elements, data, information and any content that he provides to FINARY within the framework of the use of the Services (the "Content"). The User warrants to FINARY that he/she is authorized to provide FINARY with these elements and that he/she has all the rights and authorizations necessary for their use in the context of the Services.

The User acknowledges having read the Platform and its characteristics.

The User acknowledges that he/she has read the general terms and conditions of the Service Providers whose services he/she uses via the Platform. These terms and conditions are presented to the User when the User accesses a Service involving, in whole or in part, the provision of services by a Service Provider.

The User undertakes to make strictly personal use of the Services. Consequently, the User may not assign, concede or transfer all or part of his rights or obligations hereunder to a third party in any manner whatsoever, and undertakes to pay the price of FINARY Plus Services. These obligations constitute essential obligations.

The User is solely responsible for content of any kind (editorial, graphic, audio, audiovisual or other) published on the Platform and for any consequences arising therefrom.

The User guarantees the Service against fraudulent, unfair or bad faith use of the Service, in particular if this interferes with the use of the Services by other Users.

The User guarantees FINARY that he has all the rights and authorizations necessary for the distribution of this Content. The User undertakes to ensure that such Content is lawful, does not infringe public order, morality or the rights of third parties, does not violate any legislative or regulatory provision and, more generally, is not likely to give rise to any civil or criminal liability on the part of FINARY.

The User thus refrains from disseminating, in particular and without this list being exhaustive :

  • child pornography, pornographic, defamatory, insulting, racist, obscene, indecent, shocking, violent, xenophobic or revisionist Content, counterfeit Content, Content damaging to the image of a third party, misleading Content, misleading or proposing or promoting illicit, 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 manner or form whatsoever.
  • The User indemnifies FINARY against all complaints, claims, actions and/or demands whatsoever that FINARY may suffer as a result of the User's breach of any of his obligations or warranties under these Terms and Conditions.

The User agrees to indemnify FINARY for any damages it may suffer and to pay all costs, charges and/or judgments it may incur as a result.

The User undertakes to use the Services in compliance with the T&C's and current legislation.

In the event of non-compliance with one or more stipulations of the T&C's, the User may be held liable and may be required to compensate FINARY for any resulting consequences.

The User is hereby informed and expressly accepts that use of the Services, information and tools made available to him/her is under his/her own responsibility.

The User expressly accepts and acknowledges that the receipt or downloading of any content obtained using the Services is carried out under his sole responsibility and remains fully liable for any damage or harm that may be caused to his computer and/or cell phone systems as well as, where applicable, any loss of data that may result.

When the User becomes aware of the loss, theft, misappropriation or any unauthorized use of his User Account or his Identification Data, he shall inform FINARY without delay for the purpose of blocking his User Account.

To do so, the User clicks on the "Forgot your password?" link available in the identification section of the Platform. In this case, an e-mail containing a secure link is sent to the User to change his/her password, and the old password is automatically deactivated.

As the User is responsible for the preservation and confidentiality of his/her password, he/she assumes all responsibility for the consequences of disclosure of said password to any third party.

19. User account management
    9. Prohibited behavior

It is strictly forbidden to use the Services for the following purposes:

  • Carrying out illegal or fraudulent activities or activities that infringe on the rights or safety of third parties;
  • Undermining public order or violating applicable laws and regulations;
  • Intrusion into a third party's computer system, or any activity likely to harm, control, interfere with or intercept all or part of a third party's computer system, or violate its integrity or security;
  • Manipulations intended to improve the referencing of a third-party site;
  • Helping or inciting, in any form and in any way whatsoever, one or more of the acts and activities described above;
  • And, more generally, any practice that misuses the Services for purposes other than those for which they were designed.

Users are strictly forbidden to copy and/or misappropriate for their own purposes or those of third parties any data retrieved from the Platform other than that belonging to Users, the concept, technologies or any other element of the Platform.

The following are also strictly prohibited (i) any behavior likely to interrupt, suspend, slow down or prevent 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 likely to impose a disproportionate load on the latter's infrastructures, (v) any breach of security and authentication measures, (vi) any act likely to prejudice the financial, commercial or moral rights and interests of FINARY, (vii) any behavior likely to copy, modify or misappropriate any element belonging to FINARY or any concept it exploits within the framework of the Services, and finally more generally (viii) any breach of the present General Terms and Conditions.

It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or to the Platform, as well as to the information hosted and/or shared therein.

    10. Account deletion by the User

The User may delete his or her User Account at any time via his or her settings in the Mobile Application or on the Site.

    11. Double User Account

The User is hereby informed that he/she may create only one User Account per e-mail address, and that possession of more than one User Account is not authorized, and may lead to suspension of a User Account (see following article).

    12. Suspension of a User Account

In the event of a breach of the articles "Obligations and responsibility of the User" and in particular the essential obligations and "Prohibited behaviour", or more generally, a breach of the laws and regulations by the User, FINARY reserves the right to take any appropriate measure and in particular to :

  • suspend, permanently 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 all or part of any Content related to the breach or infringement in question,
  • take all appropriate measures and publish on the Platform any information message that FINARY deems useful,
  • take any legal action, notify the competent authorities where necessary, cooperate with them and provide them with any information useful in the investigation and repression of illegal or illicit activities.

These sanctions are without prejudice to any damages that FINARY may claim from the User.

20. FINARY's obligations

FINARY undertakes to provide the Services diligently and in accordance with the rules of the art, it being specified that FINARY has an obligation of means, to the exclusion of any obligation of result, which the User expressly acknowledges and accepts.

FINARY acts exclusively for the purpose of providing the Services described in these General Terms and Conditions and in the Special Terms and Conditions.

FINARY does not guarantee to the User that the Services offered will satisfy all the User's needs and expectations.

The Platform is only a set of tools enabling the User to understand the extent of his assets, thanks to a grouping and analysis of the data he will have entered himself. FINARY does not guarantee the completeness or updating of this data, which is the sole responsibility of the User.

FINARY cannot be held responsible for decisions made by the User or by any third party designated by the User, nor for the success of any operation or investment of any kind that the User may wish to undertake after registering on the Platform. Likewise, FINARY may in no case be held responsible for Content published by the User on the Platform, over which it exercises no control, verification or moderation of any kind.

FINARY undertakes to carry out regular checks to verify the operation and accessibility of the Services. FINARY reserves the right to temporarily interrupt access to the Platform for maintenance purposes.

Similarly, FINARY cannot be held responsible for temporary difficulties or impossibilities in accessing the Platform due to circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks, Users being informed of the complexity of global networks and the influx, at certain times, of Internet Users.

The Services are provided by FINARY as is and without warranty of any kind, express or implied. In particular, FINARY does not warrant to Users (i) that the Services, which are subject to constant research to improve performance and progress, will be totally free of errors, defects or deficiencies, (ii) that the Services, being standard and not offered for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.

FINARY's liability is limited to proven direct damage suffered by the User as a result of using the Services. FINARY cannot be held responsible in the event of damage suffered by the User for independent reasons not attributable to FINARY. These may include, but are not limited to, the following:

  • Fault on the part of the User;
  • Non-compliance by the User with the T&C's;
  • Access by a third party to the User's Identification Data, with the User's authorization;
  • Fraudulent or abusive use of the Services by the User;
  • Compromise by the User of the confidentiality of his Identification Data;
  • Interruption or failure of the Services as a result of Internet, telecommunications or computer network malfunctions;
  • any inaccuracy or non-conformity of the information, products and other content.
  • Including, in particular, the User's own data concerning his Accounts/Other Assets, his budget and his assets, which are not FINARY's responsibility; and/or
  • Any use that the User may make of the information or decision-making tools made available through the Services, the User remaining solely responsible for his decisions.

In any case, FINARY cannot be held responsible for any damage, whether direct or indirect, linked to the use of services provided by third-party service providers to which the User may have had access via the Platform.

  1. Special Conditions to the Invest functionality 21. General terms and conditions

FINARY allows you to purchase Digital Assets at regular intervals via its Invest Functionality, following the investment method programmed within an Investment Plan.

The Investor acknowledges having an adequate level of knowledge and understanding of what Digital Assets are, and what an investment in this asset class represents, and in particular of the associated risks of volatility and loss, before proceeding to open an Investment Plan.

The Investment Plan enables you to acquire a predetermined quantity of the Digital Assets of your choice, at regular intervals. This method enables you to invest in regular installments over time, building up your portfolio while minimizing the market fluctuations that can result from a one-off payment. In effect, the total cost of your investment is divided into equal amounts, then paid over a predetermined period of time.

Finary allows you to acquire the Digital Assets of your choice via the Bitstamp Provider. Purchase orders placed via your Finary application are executed on the Bitstamp Provider's platform.

You understand and agree that the Invest service is performed in accordance with Finary's and Bitstamp's general terms and conditions of use, which are presented to you for acceptance when you first access the Invest service. You can consult these terms and conditions at any time via this link.

If you do not wish to accept Bitstamp's terms and conditions of use, you should not use the Invest Service.

As part of the fight against money laundering and the financing of terrorism, FINARY may ask the User to provide documents and personal or financial information in order to validate his/her Investor Profile.

You acknowledge that you are opening an investment plan for your own use and in your own name. It is not possible to open a plan in the name of a person other than yourself.

In the absence of a response to its requests, FINARY may suspend or close the Investor Profile.

No operation will be carried out before the Investor Profile has been validated. Only one Investor Profile per physical person can be created (it is therefore not possible to have two profiles in the same name).

FINARY reserves the right to suspend or delete the Investor Profile in breach of the present T&C'sU, or of the Bitstamp T&C's, without notice or compensation under the same terms as specified in the article "Suspension of User Account" of the T&C'sU.

The provisions set forth in this article "Conditions specific to the Invest Functionality" apply only to the Invest Functionality. Any provision of the T&C's that is not inconsistent with this article remains fully applicable to the Invest Functionality.

22. Creating an Investor Profile

The Investor Profile is created via the Application or the Site, and the User is asked to provide all of the following information in addition to the information already provided when creating his/her user account:

  • Last name, first name ;
  • Date and place of birth ;
  • Country of residence;
  • And any additional information that may be required to verify the User's identity.

Registration and access to the Invest Functionality are conditional upon compliance with the AML/CFT procedures implemented by FINARY, and satisfaction of the regulatory requirements linked to these procedures.

23. Onboarding process

When creating his Investor Profile, the User agrees to provide the personal information required to verify his identity.

This information and the KYC process are described in FINARY's privacy policy.

The list of required documents may differ in the case of the creation of a legal entity or a natural person. Moreover, this list is non-exhaustive and may evolve according to the level of risk perceived by FINARY at the time of entering into a relationship, or at any time during the relationship between the User and FINARY.

24. Transfer of funds

Funds in Euro (or any other legal tender) are stored in accounts opened for this purpose, as distinct from funds held by FINARY itself, which are kept in separate accounts. Fiat Republic provides the technological solution for the secure storage of Users' funds.

Before completing a purchase order, the Investor must ensure that he/she has sufficient Euro funds in his/her balance to complete the transaction on the date and for the amount indicated on the platform.

The Investor therefore makes a transfer in Euro from a payment account in his/her name, located in a regulated institution within the European Union or the European Economic Area.

The Compliance Department reserves the right to request supporting documents and additional information in order to authorize the sale.

FINARY cannot be held responsible for the consequences of the Investor providing incorrect bank details.

25. Setting up a digital asset investment plan

A Digital Asset investment plan can be set up from a validated Investor account, having completed and passed the KYC process.

The Investor then sets up his investment plan according to the Digital Asset(s) he wishes to purchase, and the frequency of purchase.

Acquisitions on the Finary platform as part of the Investment Plan are made following payment in legal tender of the Digital Assets, at the value determined prior to the acquisition.

You are responsible for the payment of the acquisition you wish to make using the Finary Services. Finary will send you reminders on the dates you have set for you to proceed with the payment of the investments envisaged.

If you do not make prior payment for the Digital Assets you wish to purchase, Finary will not be able to make the purchase on your behalf on the Bitstamp Provider's platform.

Therefore, you understand and accept that your investment portfolio will not be replenished for a given period if you have not previously paid for the purchase. Finary cannot be held responsible for any direct or indirect consequences that may result.

Unless otherwise stated, the time indicated for execution is that of the Paris time zone (UTC +2).

Specific fees applied to the invest functionality are described and updated on the following page.

26. Termination and suspension of the digital asset investment plan

If you cease to make payments in advance of the planned acquisitions, your membership of the Invest Service will be suspended until you make new purchases from your Digital Assets account.

Termination of the Digital Asset Investment Plan is the result of an express and explicit request to end your membership of the Service Invest. This request can be made from a validated Investor account, after prior validation of the KYC process carried out by Finary.

Termination of your Investment Plan results in the full transfer of the Digital Assets contained therein to your public address or account, as indicated to Finary.

The Investor may at any time convert his Digital Assets into Euros and withdraw them to the same payment account that was used to finance his balance.

The Compliance Department reserves the right to request supporting documents and additional information in order to authorize the transfer of Digital Assets. The transfer or conversion of said Digital Assets, and the subsequent termination of the Investment Plan, may be blocked or suspended pending the completion of anti-money laundering and anti-terrorist financing due diligence. Termination of your Plan and transfer of the Digital Assets will only take place once these procedures have been completed.

Finary shall not be liable for any loss in value of the Digital Assets occurring between the time you request termination of your Investment Plan and the actual transfer or conversion of your Digital Assets.

FINARY cannot be held responsible for the consequences of the Investor providing incorrect bank details.

In a situation of strong market movements, FINARY reserves the right to block Investors' assets temporarily so as not to impact the stability of FINARY and the market.

27. Crypto custodian
    13. General provision

FINARY provides the Investor with access to the services of the Bitstamp service provider for the safekeeping of Digital Assets (i.e. the holding of private keys which enable transactions and operations to be carried out on the Investor's Digital Assets).

The Investor expressly acknowledges that he/she does not have direct access to the Digital Asset Portfolios, which he/she therefore delegates to FINARY, via Bitstamp's custody management.

FINARY may make use of the User's digital assets and the rights attached thereto in accordance with the Investor's agreement.

The digital assets are stored in accounts opened for this purpose and are distinct from the digital assets held by FINARY, which are stored in separate accounts. Bitstamp keeps track of each Investor's position in secure databases.

FINARY is not responsible for the fluctuation of assets held, nor for the loss of assets, resulting from compromise, security breach, hack, or any event on Bitstamp's networks and systems.

The User understands that the service of custody of its Digital Assets is provided directly by Bitstamp, in accordance with the general T&C’s of use of this Service Provider, which the User accepts at the time of the creation of its digital asset investment plan. These T&C’s are available here.

The User therefore understands that the framework governing the conservation of his Digital Assets is detailed in Bitstamp's T&C’s, which he acquaints himself with when he first accesses this service. Bitstamp's general terms and conditions are available here.

Any subsequent modification of Bitstamp's terms and conditions will be notified to Users, who will be invited to review them.

If you do not wish to accept Bitstamp's terms and conditions, you should not use the Digital Asset Storage Service.

28. Investors' obligations and responsibilities
    14. Method and means of payment 

The Investor makes a transfer in Euro from a payment account in his/her name, located in a regulated establishment within the European Union or the European Economic Area.

It is not possible to transfer funds in Euro (or in any other legal tender) via a payment account that is not in the Investor's name.

An Investor can only transfer funds from one payment account, and any request for a change must be made via Customer Service.

    15. Tax declaration

The taxation applicable to income from your investment in Digital Assets varies according to the rules of the country in which you are resident.

Withdrawing money leads to a conversion of your digital assets held in your portfolio into euros.

For French tax residents, this may trigger taxation on any capital gains resulting from this conversion.

FINARY gives you access to the details of your transactions within the Application or the Site, to enable you to calculate potential capital gains.

29. FINARY's obligations

FINARY undertakes to perform its obligations with the care customary in its profession and to comply with the rules of the art in force, being thus bound only by an obligation of means.

FINARY may only be held liable if the Investor proves that FINARY has acted intentionally and culpably with regard to the obligations incumbent upon it, and only if this behaviour has caused him certain, personal and direct damage.

Furthermore, as an institution subject to regulatory obligations, FINARY reserves the right to suspend or close any Investor profile presenting a risk following an internal review, including the potential suspension of any transaction representing a risk for FINARY.

30. Exclusions

FINARY is not liable, in whole or in part, for any loss or damage:

  • Resulting from the loss or theft of a password by the Investor, or the usurpation of identity or loss of account resulting therefrom. It is the responsibility of the Investor to take all measures to secure access to such data;
  • Resulting from fraudulent use by the Investor of his/her means of payment;
  • Resulting from a failure to keep Profile connection information secure or confidential;
  • Resulting from administrative, fiscal and social procedures in force and compulsory in the Investor's country;
  • Occurring or aggravated as a result of the Investor's action, intervention or omission;
  • Resulting from incomplete or erroneous information provided by the Investor;
  • Resulting from non-compliance with obligations relating to AML/CFT obligations;
  • Resulting from the User's unavailability or reasonable non-cooperation with recovery efforts undertaken by FINARY;
  • Immaterial or indirect, successive or consecutive, such as loss of income;
  • Resulting from unusual or illegal use of the Invest Functionality, by a third party or by the Investor;
  • Resulting from a bank transfer refusal;
  • Resulting from an error in the amount of money and the corresponding amount of digital assets, from the User's bank account, for whatever reason;
  • Resulting from the variable requirements and risks inherent in the protocol (including volatility of bitcoin prices, transaction fees, etc.);
  • Resulting from a bug, computer virus, accidental or intentional malfunction (cybercrime) of the software used;
  • Resulting from loss of User data for which it is not responsible;
  • Resulting from a delay in delivery due to a cause beyond FINARY's control (i.e. protocol congestion);
  • Resulting from external factors such as theft, alteration, destruction or unauthorized access to the Invest Functionality by a malicious third party. 31. Force majeure

FINARY shall not be held liable for the consequences of force majeure, or any event of fact or law beyond its control, even partially, and in particular : the blocking or interruption of telecommunications networks, the absence or suspension of electricity supply by the supplier, natural disasters, epidemics, regulatory changes affecting the mining business or the supervision of digital assets, anomalies that may affect the digital asset markets (exceptional fluctuations, suspicion of price manipulation, technological or protocol changes, etc.) and any other event preventing the Group from carrying out its activities. ) and any other event preventing the normal execution of the Services.

Under these conditions, FINARY will notify the Investor as soon as possible of any case of force majeure preventing performance of the contractual obligations.

32. Pricing

The pricing of the Invest Functionality is indicated on the Platform at the time of purchase and/or sale of a digital asset, and is mentioned here.

  1. Intellectual property, trademarks and photographs 33. FINARY intellectual property

The systems, software, structures, infrastructures, databases, codes and content of any kind (text, images, visuals, logos, trademarks, databases, the Application, the Site, related technology etc) used by FINARY on the Platform, excluding Content owned by the User, are protected by all intellectual property rights or rights of producers of databases in force.

In this respect, software, interface software packages, databases, know-how, data, texts, articles, newsletters, press releases, presentations, brochures, illustrations, photographs, computer programs, animations, and all other information ("Description of the Services offered" in the present T&C's) provided by FINARY to the User remain the property of FINARY.

The T&C's do not confer to the User any right of ownership on the FINARY Services and all their components which are and remain the exclusive property of FINARY.

The license granted by FINARY to the User does not imply any transfer of ownership.

The provision of FINARY Services as provided for in the present T&C's shall in no way be construed as a transfer of ownership to the User.

Consequently, the User shall refrain from, and guarantee FINARY against, any action or any act likely to directly or indirectly infringe FINARY's intellectual property rights.

Without prejudice to the foregoing, FINARY grants the User a non-exclusive, non-assignable, non-transferable license to use the Platform in SaaS mode for the duration set forth in the article "Duration and Termination of the Services", solely for the User's own needs in connection with the use of the Services, to the exclusion of any other purpose.

The User is strictly forbidden to access and/or use the source codes of the Application, the Site and/or their software components. The User acquires no intellectual property rights to the Platform, nor any rights other than those granted herein.

This right of use does not confer any ownership rights on the User in respect of the Content. The User therefore refrains from selling, lending, pledging, licensing, reproducing, marketing, adapting, modifying, transforming or decompiling any element of the Platform.

All disassembly, decompilation, decryption, extraction, reuse, 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 prohibited and may be subject to legal proceedings.

The User expressly agrees that use of the Application shall in no way infringe the rights of FINARY and in particular that such use shall not constitute an act of counterfeiting, unfair competition or parasitic use of the Platform.

All trademarks for products and services contained in or associated with the Services that are not FINARY trademarks are the property of their owners. References to the names, trademarks, products or services of third-party banking establishments do not constitute a recommendation of the products or services of such establishments.

34. Authorization to distribute images and testimonials

The User expressly authorizes FINARY to use his/her profile image for illustration purposes on the Site or for promotion of the Site, by any means and on any medium, for the whole world, for the duration of the User's registration on the Site. This authorization is granted free of charge.

For the duration of their use of the Services, Users authorize FINARY to use the testimonials they publish on the Site for the promotion of the Site, in accordance with the following terms and conditions:

  • They agree that their Testimonials may be published free of charge by FINARY on the Site and on all other French or foreign Internet sites, published by all companies with which the Company has agreements;
  • They agree that their Testimonials may be published by FINARY by any means and on any medium for the purpose of promoting the Site;
  • They agree that their Testimonials may be translated into any language;
  • They acknowledge and accept that the Testimonials may be subject to modifications, in particular as regards their framing, format and colors, as well as alterations or degradations in their quality, depending on the technical constraints of the Site;
  • They waive their right to claim any remuneration, royalties, indemnity or financial compensation from FINARY in this respect.

The User expressly authorizes FINARY to use its Testimonials and its image as commercial references, in particular during demonstrations or events, in its commercial documents, on its Platform and its Site, in any form whatsoever for the duration of the Services and 3 (three) years after their end.

35. Commercial references

The User expressly authorizes FINARY to quote the User and to use, where applicable, the reproduction of the User's brand or logo as a commercial reference, in particular at events, in its commercial documents, on its Platform and its Site, in any form whatsoever during the term of the Services and 3 (three) years after their termination.

36. Advertising on the Platform

FINARY may publish and/or send to the User any advertising or promotional messages, in particular by referring the User to third-party platforms.

FINARY is not responsible for :

  • the technical availability and content, products and/or services of these platforms,
  • the Customer's relationships with these platforms.
  1. Personal data and confidentiality

FINARY has a privacy policy and a cookies policy, and attaches great importance to protecting the personal data of all its Users.

These two policies enable you to review and understand how Users' personal data is processed.

  1. Customer service 37. General terms and conditions

Customer Service undertakes to respond promptly and efficiently to all requests and questions from its Users.

38. Email 

FINARY customer service can be reached by email at the following address: [email protected].

39. Chat

In addition to the above e-mail address, a chat service is available on the Application or the Site to answer Users' questions efficiently.

40. Availability

Customer service is available Monday to Friday, excluding public holidays, from 8am to 6pm. Depending on the need identified, FINARY will estimate the response time and keep the User informed.

  1. Force majeure Duration, modifications and termination of these T&C's 41. Force majeure

No 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 French 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 service 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 work together to determine the most appropriate means of mitigating, if possible, the consequences of the event(s) constituting force majeure.

If the case of force majeure lasts for more than 3 (three) months, either party may terminate its contract, without legal formalities, without notice and without entitlement to compensation of any kind whatsoever, 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 remains responsible for the performance of those obligations not affected by the force majeure, as well as for its payment obligations.

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

42. Duration and termination of Services
    16. Termination of Freenium Services

With the exception of the specific duration and termination of the Subscription as set out in the article below, the User subscribes to Freenium Services for an indefinite period from the date of acceptance of the T&C's by the User.

The User may unsubscribe from Freenium Services at any time directly and free of charge via his User Account by clicking on the "Delete my FINARY account" option. Termination of Freenium Services is effective immediately.

    17. Duration and termination of the Prenium Services Subscription 

The Premium Service is subscribed to in the form of a Subscription.

The Subscription begins on the day of subscription for an initial monthly or annual commitment period (the "Initial Period").

At the end of the Initial Period, the Subscription is tacitly renewed for successive commitment periods of the same duration as the Initial Period, unless terminated by FINARY or the User at the latest :

  • at least 7 calendar days before the expiry of the Initial Period in the case of a monthly Subscription ;
  • 30 calendar days at least before the expiry of the initial Period in the case of an annual Subscription.

If the Subscription is renewed at the end of the Initial Period, it is renewed for successive periods of the same duration, unless terminated by the User or by FINARY in compliance with the above notice period.

Deactivation takes effect within a maximum of 7 (seven) days from the date of the request. It will result in the User's Account being switched to Freenium Service.

FINARY also reserves the right to close and delete any User Account that remains inactive for a continuous period of 6 (six) months.

In any case, termination of the Subscription is made by email or via the User's Account.

43. Modification of the T&C's

FINARY reserves the right to modify these T&C's at any time, in particular in order to adapt them to changes in the Services or in current legislation, and will inform the User by any useful written means, and in particular by email at least 2 calendar months before they come into force.

The User is deemed to have accepted the modification of the T&C's if he has not notified FINARY, before the proposed effective date of this modification, that he does not accept it.

If the User has taken out a Subscription, the modified T&C's are applicable on the day the Subscription is renewed.

If the User refuses the modification of the GTU, he may unsubscribe from the Services, free of charge, before the proposed effective date of the modified GTU according to the methods described in the article above.

As a result, FINARY cannot be held responsible for any damage resulting from the modification of the TOU if the User refrains from unsubscribing from the Services and continues to use the Services after the effective date of the modification.

44. Termination by FINARY

FINARY may terminate the Agreement by giving at least two (2) months' notice. In this case and for Users having subscribed to Premium Services only, FINARY will compensate the User concerned for the unused period on a prorata temporis basis.

45. Consequences of termination of Services

‍In the event of termination of Services, FINARY will proceed to delete from its information systems and any other Data pertaining to the User and his User Account, with the exception of information that may have to be retained by FINARY under its legal obligations, in particular with regard to the fight against money laundering and the financing of terrorism.

  1. Other stipulations 46. No waiver

The fact that neither FINARY nor a User has required the application of any clause whatsoever, whether permanently or temporarily, can in no way be considered as a waiver of the rights of either party to enforce the said clause.

47. Transfer

These T&C's may not be transferred in whole or in part by the User, whether in return for payment or free of charge.

In the event of breach of this prohibition, the GTU will be immediately terminated by FINARY without notice and the User may be held liable.

48. Invalidity and independence of clauses

In the event that any provision of these GTU is held by a court of competent jurisdiction to be invalid or unenforceable in whole or in part by operation of law, such provision shall, to the extent necessary, be deemed no longer to be an integral part of the GTU. Nevertheless, the legality, validity and enforceability of the remaining provisions of the TOU shall remain in full force and effect.

49. Language

The language used for the drafting of contractual documents and subsequent communications between FINARY and the User is French. Contractual documents and certain subsequent communications are also available in English for information purposes only. In the event of any conflict or discrepancy between the English and French versions, the French version shall prevail over the translated English version.

50. Nullity of Conditions

The nullity of one of the provisions of the Conditions does not entail the nullity of the whole of the present T&C's.

51. Registration on the opposition list for telephone canvassing

In accordance with law n°2014-344 of March 17, 2014, the User is hereby informed that, as a consumer within the meaning of the French Consumer Code, he/she has the option of registering free of charge on the BLOCTEL telephone anti-solicitation list (www.bloctel.gouv.fr) in order to no longer be contacted by telephone by a professional with whom he/she has no current contractual relationship.

52. Ombudsman

In the event of a dispute, the User may contact the AMF ombudsman for an amicable resolution, by submitting a request to the AMF, preferably online at the following link:


If the User is a foreign consumer located in the European Union, he/she may go to the European consumer law dispute resolution platform accessible here.

53. Applicable law

The General Terms and Conditions are governed by French law.