Effective: March 5, 2021
The FINARY company (hereafter: "FINARY") publishes and operates a platform accessible from the https://finary.eu website (hereafter the "Platform") through which it offers to its users (hereafter the "Users") a solution allowing them to Finary gives you 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 (hereinafter the "Site").
The purpose of these general terms and conditions (hereinafter: "the General Terms and Conditions") is to define the terms and conditions of use of the services offered on The Platform (hereinafter: 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 via a direct link at the bottom of the page of the Site and The Platform.
2. Platform and Services Operator, contact
The Platform and Services are operated by FINARY, SAS registered in the Bobigny Trade and Companies Register under no. 892 357 724, whose registered office is located at 95 avenue du Président Wilson, 93100 Montreuil, France.
FINARY can be contacted at the following address: FINARY, 95 avenue du Président Wilson, 93100 Montreuil, France Email address: email@example.com
3. Access to the Platform and Services
3.1 Legal capacity
The Platform and Services are accessible:
- To any natural person with full legal capacity to commit under these Terms and Conditions. The natural person who does not have full legal capacity may access the Solution and the Services only with the agreement of his legal representative.
- To any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.
4. Acceptance of the General Terms and Conditions
The User's acceptance of these General Terms and Conditions is materialized by a checkbox in the registration application form.
This acceptance can only be full and complete. Any conditional membership is considered null and void. The User who does not agree to be bound by these General Terms and Conditions must not access the Platform or use the Services.
5.1 The use of the Services requires that the User registers on the Platform, by filling out the form provided for this purpose. The User must provide all the information marked as mandatory, in particular his surname, first name, professional email address, and password. The User acknowledges and accepts that the email address provided on the registration form constitutes his or her login.
Any incomplete registration will not be validated.
Registration entails the opening of an account in the User's name (hereinafter: the "Account"), giving the User access to a personal space (hereinafter: the "Personal Space") that allows the User to manage its use of the Services in a form and by technical means that FINARY deems most appropriate for providing the Services.
5.2 The User guarantees that all the information he or she provides in the registration form is accurate, up to date and truthful, and is not misleading.
It undertakes to update this information in its Personal Space in the event of changes 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 commits him/her as soon as it is validated.
5.3 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 for them.
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 be made by the User. The User must immediately contact FINARY if he notices that his Account has been used without his knowledge. User acknowledges FINARY's right to take appropriate action in such a case.
6.1 Description of 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.
The User has access to the following Services in the form and with the functionalities and technical means that FINARY deems most appropriate.
FINARY offers two types of User Services:
A free service (hereafter the "Freemium Service") allowing the aggregation of asset data (savings books, PEA, life insurance, cryptos...);
A paid service (hereinafter the "Premium Service"), taken out in the form of a subscription (hereinafter the "Subscription"), offering advanced analyses of the User's assets (risk profile, detailed breakdown, borrowing capacity, level of available liquidity, etc.).
6.2 Hosting The Platform
FINARY undertakes to ensure, under the terms of an obligation of means, the hosting of the Accounts and any content published by the User on his 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, exercising 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 within the framework of the Services, in accordance with the practices of the profession and the state of the art.
FINARY undertakes to implement all technical means, in accordance with the state of the art, necessary to ensure the security and access to the Services, relating to the protection and monitoring of the infrastructures, the control of the physical and/or immaterial access to the said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect the servers from malicious acts.
FINARY also undertakes to take all useful precautions, with regard to 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 them from being distorted, damaged or accessed by unauthorized third parties.
6.3 Technical support
FINARY offers to the User technical assistance accessible by email at the following address: firstname.lastname@example.org, allowing him to declare any difficulty encountered during the use of the Services.
6.4 Other Services
FINARY reserves the right to offer any other Services that it deems useful, in the form and with the functionality and technical means that it deems most appropriate to provide such Services.
7. Service Level Guarantee
FINARY will use its best efforts to ensure the permanence, continuity, and quality of access to the Services.
In addition, due to the complexity of the Internet, the unequal capacity of the various subnetworks, the influx 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 is not responsible for (i) access speeds to its servers, (ii) external slowdowns to its servers, and (iii) poor transmissions due to network failure or malfunction, and (iv) improper connection to the Internet.
If necessary, FINARY reserves the right to limit or suspend access to The Platform for any maintenance and/or improvement operation. In this case, FINARY undertakes to inform the User in advance of these maintenance and/or improvement operations, within a reasonable time, by any useful means and in particular by a general informative message on The Platform of these maintenance operations.
Within the framework of these maintenance and/or evolution operations, FINARY undertakes to make its best efforts to make backups of the contents stored in the User's Account and/or the Platform.
The User acknowledges and accepts that this service level guarantee does not cover any breakdown or interruption of the Services caused by telecom operators or internet and mobile web service 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 violation of any commitment provided for in this article may in no case be sanctioned by the termination of the contractual relationship with its User, and its liability will be limited under the conditions set out below in the article "Liability".
8. Financial conditions
8.1 Price of Services
The freemium service identified in the "Description of Services" section of the General Terms and Conditions is provided to the User free of charge.
Access to the Premium Service is subject to payment by the User of the price indicated on the Platform.
Prices are in Euros, excluding French taxes.
FINARY reserves the right, at its sole discretion and on terms and conditions as it shall see fit, to offer promotional offers or price reductions.
8.2 Price revision
The prices referred to in the "Prices" section may be subject to a review by FINARY at any time, at its sole discretion.
The User will be informed of these modifications by FINARY by any useful written means (and in particular by email) 1 months at least before the new prices take effect.
These apply as soon as they come into force.
The User who does not accept the new prices must terminate his or her Subscription in accordance with the terms and conditions set forth in the article "Duration of Services/Unsubscription" and stop using the Services. Otherwise, he or she 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.
8.4 Terms of payment
The price of the Premium Service is due upon subscription, or in the case of a promotional offer proposed by FINARY, upon expiration of the promotional offer period.
Payment may be made online, by direct debit, through the secure online payment service of the Electronic Money Payment Institution or by any other means that will be offered on the Site at the time of the order.
The User warrants to FINARY that he/she has the necessary authorizations to use the chosen payment method.
8.5 Delays and Defaults
The User is informed and expressly accepts that any delay in payment of all or part of a sum due to FINARY on its due date will automatically result in the User being liable for the payment of the amount due to FINARY as of the day following the payment date appearing on the invoice:
The forfeiture of the term of all the sums due by the User and their immediate exigibility, whatever the methods of payment which had been envisaged;
The immediate suspension of the Services and access to the Platform until full payment of all sums due ;
The invoicing to FINARY of late payment interest, due by the mere fact of the expiry of the contractual term, at a rate of 3 (three) times the legal interest rate, based on the amount of the debt not paid on the due date, and of a lump-sum indemnity of 40 (forty) euros in respect of collection costs, without prejudice to additional compensation if the collection costs actually incurred are higher than this amount.
9. Duration of Services and Unsubscription
The Freemium Service is subscribed for an indefinite period.
The User may 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 address mentioned in the article "Platform and Services Operator, contact".
Unsubscription is effective from the end of the current billing period.
FINARY further 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 (hereinafter: the "Initial Period").
At the end of the Initial Term, the Subscription is tacitly renewed unless terminated by FINARY or by the User no later than the end of the Initial Term.
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 up to the last day of the current month or year.
In any event, termination of the Subscription is made 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 made aware of the provisions of Article L215-1 of the Consumer Code:
"For service contracts concluded for a fixed period with a tacit renewal clause, the professional service provider informs the consumer in writing, by registered letter or dedicated e-mail, at the earliest three months and at the latest one month before the end of the period authorizing 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 comprehensible terms, mentions, 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 from the date of renewal.
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, after deduction of the sums corresponding to the performance of the contract up to that date. The provisions of this article apply without prejudice to those which legally subject certain contracts to special rules regarding consumer information. »
10. Right of withdrawal
The User has a right of retraction for a period of 14 (fourteen) days from the date of signature of the present contract. The User may exercise this right by sending to FINARY at the address and telephone number mentioned in the article "Site and Services Operator, Contact", before the expiration of the above-mentioned period, the form in the Appendix hereto, duly completed, or any other declaration, free of ambiguity, expressing his willingness to withdraw.
In case of exercise of the right of withdrawal, FINARY will refund to the User all payments received from the User, without undue delay and, in any event, no later than 14 (fourteen) days from the day FINARY is informed of the User's decision to withdraw. Refunds will be made using the same payment method used for the initial transaction, unless the User expressly agrees to a different method. In any case, this refund will not incur any costs for the User.
If the User has requested that the Services begin before the expiry of the withdrawal period, by ticking the box to this effect in his registration form, he may exercise his right of withdrawal within the time limit and according to the methods mentioned above. In this case, the Subscriber will be liable to FINARY for the price of the Subscription, calculated on a pro rata basis for the period of time elapsed until the Subscriber notifies FINARY of his or her decision to withdraw from the Subscription.
11. Convention of proof
The User expressly acknowledges and accepts :
- that the data collected on the Platform and FINARY's computer equipment are proof of the reality of the operations carried out within the framework of the present document,
- that such data constitute the principal mode of evidence admitted between the parties.
12. Obligations and responsibility of the User
Without prejudice to the other obligations provided for in these General Terms and Conditions, the User undertakes to respect the following obligations:
12.1 The User undertakes, in his use of the Services, to respect the Contract, 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 Services.
12.2 The User agrees to provide FINARY with all the information necessary for the proper execution of the Services. More generally, the User undertakes to cooperate actively with FINARY for the proper performance of the Agreement.
12.3 The User is solely responsible for the documents, elements, data, information and any content provided to FINARY in connection with the use of the Services. The User warrants to FINARY that it is authorized to provide FINARY with these elements and that it has all the necessary rights and authorizations to use them within the framework of the Services.
12.4 The User acknowledges having read the Platform and its characteristics.
12.5 The User undertakes to make strictly personal use of the Services. Consequently, he shall refrain from assigning, conceding or transferring all or part of his rights or obligations hereunder to a third party in any manner whatsoever.
12.6 The User is solely responsible for the contents of any kind (editorial, graphic, audio, audiovisual or other) that he publishes on the Platform (hereinafter the "Contents") and for any consequences arising therefrom.
12.7 The User warrants to FINARY that it has all the rights and authorizations necessary for the distribution of such Content. The User agrees that such Content is lawful, does not violate public order, morality or the rights of third parties, does not infringe any law or regulation, and, more generally, is not liable to give rise to any civil or criminal liability on the part of FINARY.
The User thus refrains from diffusing, in particular, and without this list being exhaustive:
- Child pornographic, pornographic, defamatory, abusive, racist, obscene, indecent, shocking, violent, xenophobic, or revisionist Content, infringing Content,
- Contents that are detrimental to 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 that may infringe the rights of third parties or be prejudicial to third parties, in any manner and in any form whatsoever.
13. User Warranty
The User indemnifies FINARY against any and all claims, demands, actions, and/or demands whatsoever that it may suffer as a result of the breach by the User of any of its obligations or warranties under these Terms and Conditions.
The User undertakes to compensate FINARY for any damage it may suffer and to pay it all the costs, charges and/or sentences it may have to bear as a result.
14. FINARY's Liability and Warranty
14.1 FINARY undertakes to provide the Services diligently and according to the rules of art, it is specified that it has an obligation of means, to the exclusion of any obligation of result, which the User expressly acknowledges and accepts.
14.2 FINARY acts exclusively for the purpose of providing the Services described in these Terms and Conditions.
14.3 FINARY does not guarantee to the User that the Services offered will satisfy all of its needs and expectations.
14.4 FINARY cannot be held responsible for decisions made by the User or by any third party designated by the User. Likewise, FINARY shall not be responsible for the Content published by the User on my Platform, over which it exercises no control, verification or moderation of any kind.
14.5 FINARY undertakes to carry out regular checks to verify the operation and accessibility of the Platform and the Site. In this respect, FINARY reserves the right to interrupt temporarily the access to the Platform for maintenance reasons.
Likewise, FINARY cannot be held responsible for momentary difficulties or impossibilities of access to its Application which would have for origin circumstances which are external to it, the force majeure, or which would be due to disturbances of the telecommunication networks, the Users being informed of the complexity of the world networks and of the influx, at certain hours, of the users of Internet.
14.6 The Services are provided by FINARY on an "as is" basis and without warranty of any kind, either express or implied. In particular, FINARY does not warrant to Users that (i) the Services, which are subject to constant research to improve their performance and progress, will be completely free of errors, defects or faults, (ii) that the Services, being standard and in no way intended solely for a given User based on his or her own personal constraints, will specifically meet his or her needs and expectations.
15. Prohibited behaviors
15.1 It is strictly forbidden to use the Services for the following purposes:
- engaging in activities that are illegal, fraudulent or that infringe the rights or safety of third parties,
- breach of public order or violation of the laws and regulations in force,
- Intrusion into a third party's computer system or any activity that could 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 and in any manner whatsoever, one or more of the acts and activities described above, and more generally any practice that diverts the Services to purposes other than those for which they were designed.
15.2 It is strictly forbidden for Users to copy and/or misappropriate for their own purposes or those of third parties. data recovered from the Platform other than that which belongs to the Users, the concept, technologies or any other element of the Platform.
15.3 The following are also strictly prohibited: (i) any conduct that interrupts, suspends, slows down or prevents the continuity of the Services, (ii) any intrusion or attempted intrusion into FINARY's systems, (iii) any misappropriation of the Platform's system resources, (iv) any action that imposes a disproportionate load on the Platform's infrastructure, (v) any breach of security and authentication measures, (vi) any act that could adversely affect FINARY's financial, commercial or moral rights and interests, and more generally (vii) any breach of these Terms and Conditions.
15.4 It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the Platform, as well as to the information hosted and/or shared therein.
16. Penalties for non-compliance
In the event of a breach of any of the provisions of the Agreement, or more generally in the event of a breach of any law or regulation by User, FINARY reserves the right to take any appropriate action, including without limitation :
- suspend, remove or prevent access to the Services of the User, who is the author of or has participated in the breach or infringement,
- remove any Content that relates to the breach or infringement in question, in whole or in part,
- take all appropriate measures and initiate any legal action,
- to notify the competent authorities where appropriate, to cooperate with them and to provide them with all useful information for the investigation and suppression of illegal or unlawful activities.
The User is informed and accepts that any failure to comply with its obligations may result, in addition to the consequences provided for above, in the immediate termination of the Agreement by FINARY, by any written means.
Each party undertakes to keep strictly confidential the documents, elements, data and information of the other party to which it would be addressee which will be expressly identified by the other party as being confidential. With respect to FINARY, the parties expressly agree that this obligation of confidentiality covers the personal data that FINARY will process for the User within the framework of the Services.
All of this information is referred to hereinafter 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 end of the performance of the Services concerned. It may only transmit it to employees, collaborators, trainees or consultants if they are bound by the same obligation of confidentiality as provided herein. This obligation does not extend to documents, elements, data and information:
(i) of which the receiving party was already aware; (ii) already public at the time of their communication or which would become public without breach of the Agreement; (iii) which would have been received from a third party in a lawful manner ; (iv) the disclosure of which would be required by judicial authorities, pursuant to laws and regulations or in order to establish the rights of a party under the Agreement.
17.1 Intellectual Property
The systems, software, structures, infrastructures, databases, codes and contents of any kind (texts, images, visuals, logos, brands, databases, etc.) operated by FINARY on The Platform, with the exception of the Contents whose property belongs to the User, are protected by all intellectual property rights or rights of the producers of databases in force.
Any disassembly, decompilation, decryption, extraction, reuse, copy and more generally, any act 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 prosecution.
17.2 Authorization to broadcast the image and testimonials
The User expressly authorizes FINARY to use his or her profile image for the purpose of illustration on or promotion of the Site, by any means and on any medium, worldwide, for the duration of the User's registration on the Site. This authorization is granted free of charge.
While using the Services, Users authorize FINARY to use the testimonials that they post on the Site (the "Testimonials") for the promotion of the Site, subject to the following terms and conditions:
- They agree that their Testimonials may be distributed 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 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 degradation in their quality, depending on the technical constraints of the Site,
- They waive the right to ask FINARY for any remuneration, fees, indemnity or financial compensation in this respect.
17.3 Personal data
17.4 Commercial References
The User expressly authorizes FINARY to cite the User and to use, if necessary, the reproduction of its trademark or logo as a commercial reference, in particular at the time of events, in its commercial documents, on its Application and website, in any form whatsoever during the term of the Agreement and 5 (five) years after its expiration.
17.5 Links and third party sites
FINARY cannot be held responsible for the technical availability of websites operated by third parties (including its possible partners) to which the User would access through The Platform.
FINARY is also not responsible for transactions between the User and any advertiser, professional or merchant (including its possible partners) to which the User would be directed through the intermediary of a Platform and shall in no way be party to any disputes whatsoever with these third parties concerning in particular the purchase of products and/or services, guarantees, declarations and other obligations whatsoever to which these third parties are bound.
17.6 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 Parties' control and constitutes force majeure, as defined in Article 1218 of the Civil Code.
By force majeure, the parties agree in particular to understand 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 default attributable to a third party telecommunications provider.
The prevented party must inform the other party as soon as possible, indicating the nature of the case of force majeure. The parties will get closer in order 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 for more than 3 (three) months, either party may terminate the Contract, ipso jure, without legal formality, without notice and without right 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 fulfilment of the obligations that are not affected by the force majeure as well as its payment obligations.
Upon cessation of the force majeure, the prevented party must immediately inform the other party and resume performance of the affected obligations within a reasonable period of time.
FINARY, in collaboration with the 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 of which FINARY will be the sole judge.
FINARY reserves the right to modify these Terms and Conditions at any time.
Users will be informed of these changes by any useful means.
Users who do not accept the modified General Terms and Conditions must unsubscribe from the Services in accordance with the terms and conditions set forth in the article "Duration of the 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 as to the meaning of a term or provision.
17.10 Applicable law and jurisdiction
The Agreement is subject to French law and shall be governed by and construed in accordance with French law.
Any dispute that may arise in connection with its validity, interpretation or execution will be subject 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).
For the attention of ameCompany Address : [---] Phone : [---] E-mail address : [---]
For the attention of : Name Company al from the contract for the provision of services below: to be completed]
Registration on the site [to be completed] on :
Name of the User(s) :
Address of the User(s) :
Signature of the User(s) : (only in case of notification of this form on paper)