General Terms and Conditions of Sale

XXXXX is owned by

YYYYY, SASU (Simplified Single-Member Company) established on DD MM YYYY, registered with the Paris Trade and Companies Register under the number Paris RCSXXXXXX, with its registered office located at ADDRESS.

VAT Identification Number: NUMEROTVA

Publishing Director: Alexandre ARNAUD

Hosting

IONOS SARL,

7 Pl. de la Gare, 57200 Sarreguemines

https://www.ionos.com/

Effective Date: 27/10/2023

1. Purpose

The company YYYYY (hereinafter referred to as “YYYYY”) operates and manages a platform accessible via the website https://artavista.io, through which it provides its users (hereinafter referred to as the “Users”) with a solution allowing them to access a comprehensive view of their assets in real time.

The functional and technical features of the Platform are described on the website https://artavista.io (hereinafter referred to as the “Site”).

These general terms and conditions (hereinafter referred to as the “General Terms”) aim to define the terms and conditions for using the services offered on the Platform (hereinafter referred to as the “Services”), as well as 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 Site and the Platform.

They may be supplemented, if applicable, by specific terms of use for certain Services, which complement these General Terms and, in case of conflict, take precedence over them.

2. Service Operator, Contact

The Services of XXXXX are operated by YYYYY, SASU (Simplified Single-Member Company) established on DD MM YYYY, registered with the Paris Trade and Companies Register under the number Paris RCSXXXXXX, with its registered office located at ADDRESS.

XXXXX can be contacted via the contact form available on the website.

3. Access to Services

The Services are accessible:

• To any individual with full legal capacity to commit to these General Terms. An individual who does not have full legal capacity may only access the Platform and Services with the consent of their legal representative.

• To any legal entity acting through an individual with the legal capacity to contract on behalf of and for the account of the legal entity.

4. Acceptance of the General Terms

The User’s acceptance of these General Terms is indicated by checking a box in the registration form.

This acceptance must be full and unconditional. Any acceptance with reservations is considered null and void. Users who do not accept these General Terms must not access the Platform or use the Services.

5. Registration

• 5.1.

  Using the Services requires the User to register on the Platform by completing the designated form. The User must provide all mandatory information, including their name, first name, email address, and password. The User acknowledges and agrees that the email address provided in the registration form serves as their login identifier.

  Any incomplete registration will not be validated.

  Registration leads to the creation of an account in the User's name (hereinafter referred to as the “Account”), allowing them to manage their use of the Services in a format and via technical means deemed most appropriate by XXXXX to deliver the said Services.

• 5.2.

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

  They commit to updating this information in their Account in case of changes so that it always meets the aforementioned criteria.

  The User is informed and agrees that the information entered for the creation or update of their Account serves as proof of their identity. The information entered by the User binds them upon validation.

• 5.3.

  The User can access their Account at any time after identifying themselves with their login identifier and password.

  The User agrees to use the Services personally and not to allow any third party to use them on their behalf or for their account, except under their full responsibility.

  They are similarly responsible for maintaining the confidentiality and security of their login identifier and password, with any access to the Platform using these credentials being deemed made by the User. They must immediately contact XXXXX if they notice unauthorized use of their Account. XXXXX reserves the right to take all appropriate measures in such cases.

6.Services

• 6.1.Description of Services

  Before any online subscription and in accordance with the provisions of Article L111-1 of the Consumer Code, the User can learn about the Services on the Platform.

  The User has access to the following Services, in the form and with the functionalities and technical means that XXXXX deems most appropriate.

  XXXXX offers two types of Services to the User:

  • A free service (Basic) allowing aggregation of financial data (Passive income, savings accounts, PEA, life insurance, crypto...) ;

  • A paid service (Full), subscribed as a subscription (hereinafter "the Subscription"), offering advanced services.

  The discovery pack provides access to all features with quotas.

  It is therefore possible to test the features before subscribing to a plan.

  It should be noted that for its launch phase, all services offered by XXXXX will be completely free, up to 25 accounts, in order to test the solution as thoroughly as possible.

• 6.2.Hosting of the Platform

  XXXXX undertakes to ensure, in terms of a duty of means, the hosting of Accounts and any content published by the User on their Account in accordance with industry standards and state of the art, on its own servers or by a professional hosting provider, operating in compliance with industry standards and state of the art.

  In this context, XXXXX undertakes to provide the User with sufficient storage and processing capacities for the Services, in accordance with industry standards and state of the art.

  XXXXX undertakes to implement all necessary technical means, in line with state of the art, to ensure the security and access to the Services, including the protection and monitoring of infrastructures, 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 actions.

  XXXXX also undertakes to take all necessary precautions, given the nature of the data and the risks posed by automated data processing implemented for the Services, to preserve the security of the data, and particularly to prevent it from being altered, damaged, or accessed by unauthorized third parties.

• 6.3.Technical Support

  XXXXX offers the User technical support accessible directly from the site or from their personal space, allowing them to report any difficulties encountered while using the Services and accessing the Platform.

• 6.4.Other Services

  XXXXX reserves the right to offer any other Service it deems useful, in the form and with the functionalities and technical means it considers most appropriate to provide these Services.

7.Service Level Guarantee and Maintenance

XXXXX commits to ensuring the permanence, continuity, and quality of access to the Services.

In this regard, XXXXX will make its best efforts to maintain access to the Platform 24/7.

Furthermore, due to the complexity of the internet, the unequal capacities of different sub-networks, congestion during certain hours, and various bottlenecks over which XXXXX has no control, XXXXX's responsibility will be limited to the operation of its servers, whose external boundaries are defined by the connection points.

XXXXX shall not be held responsible

• (i) for access speeds to its servers,
• (ii) for external slowdowns unrelated to its servers, and
• (iii) for poor transmissions due to a failure or malfunction of these networks, and
• (iv) for a poor internet connection.

If necessary, XXXXX reserves the right to limit or suspend access to the Platform for maintenance and/or improvement operations.

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

During these maintenance and/or evolution operations, XXXXX commits to making its best efforts to back up the content stored on the User's Account and/or the Platform.

The User acknowledges and agrees that this service level guarantee does not cover any outage or interruption of the Services caused by telecom operators or internet and mobile web access providers, poor internet coverage, or internet access saturation due to the location or event.

In any case, it is expressly agreed that the violation of any commitment under this article cannot lead to the termination of the contractual relationship with the User, and its liability will be limited as provided below in the "Liability" section.

8.Financial Conditions

• 8.1.Price of Services

  The Services of the Basic pack mentioned in the article "Description of Services" in the General Terms and Conditions are provided to the User free of charge.

  Access to the Full pack Services is subject to the payment by the User of the price indicated on the Platform at the time of subscription.

  Prices are quoted in Euros, excluding French taxes.

  XXXXX reserves the right, at its sole discretion and according to terms it will determine, to offer promotional offers or price reductions.

  Subscription Amount:

  Transaction Fees:

• 8.2.Price Revision

  The prices mentioned in the article "Price" may be revised by XXXXX at any time, at its sole discretion.

  The User will be informed of these changes by XXXXX by any useful written means (including email) at least one month before the new prices take effect.

  These will apply as soon as they come into effect.

  The User who does not accept the new prices must terminate their Subscription according to the terms set out in the "Duration of Services/Unsubscription" article and stop using the Services. Otherwise, they will be deemed to have accepted the new prices.

• 8.3.Billing

  Services are billed per Subscription Period and communicated to the User by any useful means.

• 8.4.Payment Methods

  The price of the Full Service is due upon subscription, or, in the case of a promotional offer from XXXXX, upon the expiration of the promotional offer period.

  Payment must be made exclusively online, 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 order.

  The User guarantees to XXXXX that they have the necessary authorizations to use the chosen payment method.

• 8.5.Delays and Payment Defaults

  The User is informed and expressly agrees that any delay in payment of any amount due to XXXXX on its due date will automatically result in the following, starting the day after the due date on the invoice:

  • The forfeiture of the term for all amounts owed by the User and their immediate due date, regardless of the payment methods originally agreed upon;

  • Immediate suspension of Services and access to the Platform until full payment of all amounts due;

  • Billing by XXXXX of a late payment interest, due solely due to the contractual due date, at a rate of 2 (two) times the legal interest rate, based on the unpaid debt at the due date, and a flat fee of 50 (fifty) euros for collection costs, without prejudice to additional compensation if the actual collection costs exceed this amount.

9.Referral Program

• 9.1.Referral Program Principle:

  The referral program allows our customer users to benefit from a referral offer. This consists of receiving a variable bonus (according to the table below) in exchange for referring non-client users who will become clients through the referral.

• 9.2.Participation in the Referral Program:

  The referral program is effective from April 1, 2023.

  Participation in the referral program cannot be retroactive.

  A referrer cannot claim a referral for a user after the fact.

  Therefore, it is necessary for the referred user to enter the referrer’s code during registration on the XXXXX site and ensure the email address used for registration is not already in the database.

• 9.3.Functioning of the Program:

  The referral rewards for both the referrer and the referred are valid for the duration of the subscription, i.e., months from the registration date.

  It is possible to re-register in order to keep the benefits of the referral bonus, in which case re-registration must be done before the validity end date of the membership.

  There is no limit to the number of referrals; a referrer can have an unlimited number of referred users.

  The referrer sends their referral code/link to potential referred users. The referred user must use this referral code/link during registration on the site.

  After the referred user’s registration, the referrer will be notified by XXXXX via email.

  Members of the same tax household may also benefit from the Program. Thus, a referrer and a referred user can belong to the same tax household.

  The following cases do not allow participation in the referral program:

  • Minors
  • Professional legal entities

  The referral reward is unlocked immediately after the referred user purchases a service and appears automatically in the referrer’s bonus account.

• 9.4.Withdrawing Referral Bonuses:

  Each member's bonus can be withdrawn to a bank account via STRIPE.

  The withdrawal request must be made only through the site by clicking the Bonus button in the Referral menu.

  The minimum amount to withdraw is set at.

  Withdrawal Fees:

• 9.5.Changes / Termination of the Program:

  We reserve the right to change or modify any element of the referral program without limitation.

  These changes will be communicated to you on the site, by email, or through any other channel we deem useful.

  We will not be held liable to you or any third parties for any modification, suspension, or interruption of the Program.

  If, in accordance with the terms mentioned above, XXXXX modifies the general terms of the Program or terminates it, the referrers and referred users can still benefit from the Program’s terms and advantages that were in effect at the time of the announcement.

• 9.6.Participants' Behavior:

  Referrers and referred users commit not to make fraudulent, abusive, diverted, or ill-intentioned use of the Program and its advantages.

  Any behavior likely to compromise the proper functioning of the program, such as but not limited to:

  • Fake accounts, multiple registrations of the same person, self-referral, etc.
  • Fraudulent activity and attempts to manipulate the program

  May result in the exclusion of the User from the program, without prejudice to other actions we may take.

10. Duration of Services and Unsubscription

The Basic Pack Services are subscribed for an indefinite duration.

The User may unsubscribe from the Basic Service at any time, directly from their Personal Space or by sending a request to XXXXX, using the options mentioned in the article "Service Provider, contact".

The Full Service is subscribed as an annual subscription (hereinafter: the "Initial Period").

At the end of the Initial Period, the Subscription does not renew automatically, so the payment should be made on the day of its expiration.

Any subscription is taken for a period of 12 months.

Unsubscribing is effective within a maximum period of 20 (twenty) days from the request. This results in the User's Account switching to the free plan and the loss of any possible referral bonuses.

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

In any case, the termination of the Subscription is done by email or via the User's Account and takes effect at the end of the subscription period during which the request is sent.

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

“For contracts for services concluded for a fixed term with an automatic renewal clause, the service provider informs the consumer in writing, by a dedicated letter or email, no earlier than three months and no later than one month before the end of the period allowing the rejection of renewal, of the possibility of not renewing the contract with an automatic renewal clause. This information, provided in clear and understandable terms, includes, in a visible box, the deadline for not renewing.

When this information has not been provided as per the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date.

Prepayments made after the last renewal date or, for indefinite contracts, after the date of conversion from a fixed-term contract, will be refunded within thirty days from the termination date, less the amounts corresponding to the execution of the contract up to that point. These provisions apply without prejudice to those that legally impose specific rules regarding consumer information.”

11. Right of Withdrawal

The User has the right to withdraw within 14 (fourteen) days from the signing of this agreement. They can exercise this right by sending to XXXXX the completed form included in the annex of this agreement or any other clear declaration expressing their wish to withdraw, before the expiration of the aforementioned period, to the contact details mentioned in the article "Service Provider, contact".

In case of exercising the right of withdrawal, XXXXX will refund all payments received from the User without undue delay and, in any case, no later than 14 (fourteen) days from the day XXXXX was informed of the User's withdrawal decision. The refund will be made using the same payment method as the one used for the initial transaction. The refund will account for any payment service provider fees that may be due to XXXXX. In any case, XXXXX will not bear these possible fees.

After this right of withdrawal, no refund can be claimed by the user.

12. Proof Agreement

The User expressly acknowledges and agrees:

• that the data collected on the Platform and the IT systems of XXXXX are proof of the reality of the operations that have occurred within the framework of this agreement,

• that this data constitutes the main mode of proof accepted between the parties.

13. User's Obligations and Responsibilities

• 13.1.

  The User agrees, in their use of the Services, to comply with the General Terms and Conditions, as well as with the laws and regulations in force, and not to infringe the rights of third parties or public order.

  They are solely responsible for their use of the Services.

• 13.2.

  The User agrees to provide XXXXX with all necessary information for the proper execution of the Services. More generally, the User agrees to cooperate actively with XXXXX to ensure the proper execution of the General Terms and Conditions.

• 13.3.

  The User is solely responsible for the documents, materials, data, information, and any content they provide to XXXXX in the use of the Services. They guarantee to XXXXX that they are authorized to provide these materials and that they have all the rights and permissions necessary for their use within the Services.

• 13.4.

  The User acknowledges having familiarized themselves with the Platform and its features.

• 13.5.

  The User agrees to use the Services strictly for personal use. Consequently, they are prohibited from assigning, transferring, or transferring all or part of their rights or obligations under these terms to a third party, in any manner whatsoever.

• 13.6.

  The User is solely responsible for the contents of any nature (textual, graphic, audio, audiovisual, or otherwise) they publish on the Platform (hereinafter referred to as "Content") and for any consequences arising from them.

• 13.7

  The User guarantees to XXXXX that they have all the necessary rights and permissions to distribute these Contents. They agree that the said Contents are lawful, do not infringe public order, morals, or third-party rights, do not violate any legal or regulatory provisions, and generally, do not expose XXXXX to civil or criminal liability.

  The User thus undertakes not to distribute, in particular and without limitation:

  • pedopornographic, pornographic, defamatory, offensive, racist, obscene, indecent, shocking, violent, xenophobic, or revisionist Content,
  • infringing Content,
  • Content damaging the image of a third party,
  • false or misleading Content, or content promoting illegal, fraudulent, or deceptive activities,
  • and more generally, any Content that could harm the rights of third parties or be detrimental to third parties in any way or form.

14. User's Guarantee

The User guarantees XXXXX against any complaints, claims, actions, or demands that it may suffer due to the User's violation of any of their obligations or guarantees under these General Terms and Conditions.

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

15. XXXXX's Responsibility and Guarantee

• 15.1.

  XXXXX agrees to provide the Services diligently and according to the rules of the art, with a means obligation, excluding any result obligation, which the User expressly acknowledges and accepts.

• 15.2.

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

• 15.3.

  XXXXX does not guarantee to the User that the Services will meet all their needs and expectations.

• 15.4.

  The Platform is only a set of tools allowing the User to help them understand the scope of their assets, through the aggregation and analysis of data they have provided. XXXXX is in no way responsible for the completeness or updating of this data, which is the sole responsibility of the User.

  XXXXX will not be liable for any decisions made by the User or any third party they designate, nor for the success of any operation or investment of any kind they wish to undertake after registering on the Platform. Likewise, XXXXX cannot be held liable for any Content published by the User on the Platform, over which it exercises no control, verification, or moderation whatsoever.

• 15.5.

  XXXXX agrees to conduct regular checks to verify the functioning and accessibility of the Services. In this regard, XXXXX reserves the right to temporarily interrupt access to the Platform for maintenance reasons.

  Likewise, XXXXX cannot be held responsible for temporary difficulties or impossibilities in accessing the Platform arising from external circumstances, force majeure, or disruptions in telecommunications networks, with Users being informed of the complexity of global networks and the traffic spikes at certain times of the day.

• 15.6.

  The Services are provided by XXXXX as is, with no warranty of any kind, express or implied. XXXXX does not guarantee to the Users

  • (i) that the Services, subject to continuous research to improve performance and progress, will be completely free of errors, faults, or defects,
  • (ii) that the Services, being standard and not specifically offered to any individual User based on their personal constraints, will meet their specific needs and expectations.

16. Prohibited Behaviors

• 16.1.

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

  • engaging in illegal, fraudulent activities or infringing the rights or safety of third parties,
  • violating public order or breaching applicable laws and regulations,
  • intruding into a third party’s computer system or any activity that may harm, control, interfere, or intercept all or part of a third party’s computer system, violate its integrity or security,
  • manipulations intended to improve the ranking of a third-party website,
  • assisting or inciting, in any form and manner, any of the above-mentioned acts and activities,
  • and more generally, any practice that diverts the Services from their intended purpose.

• 16.2.

  It is strictly prohibited for Users to copy and/or divert data retrieved from the Platform other than their own, the concept, technologies, or any other element of the Platform for their own or third-party purposes.

17. Sanctions for breaches

In case of a breach of the articles "Obligations and responsibilities of the User" and "User Warranty," or more generally, a violation of laws and regulations by the User, XXXXX reserves the right to take any appropriate action, including:

• suspending, deleting, or blocking access to the Services for the User responsible for the breach or violation, or who participated in it,
• deleting any Content related to the breach or violation, in whole or in part,
• taking any appropriate measures and initiating legal action,
• warning the relevant authorities, cooperating with them, and providing them with all useful information for investigating and prosecuting illegal or unlawful activities.

The User is informed and agrees that any breach of their obligations may result, in addition to the consequences outlined above, in the immediate termination of their Account by XXXXX, by any written means.

18. Confidentiality

Each party agrees to keep strictly confidential any documents, elements, data, and information from the other party that it receives and that are expressly identified by the other party as confidential. Regarding XXXXX, the parties expressly agree that this confidentiality obligation covers personal data that XXXXX may process for the User as part of the Services.

All such information is hereinafter referred to as "Confidential Information."

The receiving party agrees not to disclose Confidential Information without prior consent from the other party, for a period of 3 (three) years from the completion of the Services in question. It may only transmit this information to employees, collaborators, interns, or advisors who are bound by the same confidentiality obligation as specified here. This obligation does not apply to documents, elements, data, and information:

• (i) which the receiving party already knew;
• (ii) that were public at the time of disclosure or that become public without violating the General Terms and Conditions;
• (iii) received from a third party lawfully;
• (iv) whose disclosure is required by judicial authorities, under applicable laws and regulations, or to establish a party's rights under the General Terms and Conditions.

19. Intellectual Property

The systems, software, structures, infrastructures, databases, codes, and contents of all kinds (texts, images, visuals, logos, trademarks, databases, etc.) operated by XXXXX on the Platform, excluding the Content owned by the User, are protected by all intellectual property rights or database producer rights in force.

Any decompiling, disassembling, decrypting, extracting, reusing, copying, and generally any act of reproduction, representation, distribution, or use of any of these elements, in whole or in part, without XXXXX's authorization is strictly prohibited and may result in legal action.

20. Authorization to use image and testimonials

a. The User expressly authorizes XXXXX to use their profile image for illustration purposes on the Site or for the 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.

b. During their use of the Services, Users authorize XXXXX to use the testimonials they publish on the Site (hereinafter "Testimonials") for the promotion of the Site, under the following terms:

• They consent to their Testimonials being broadcast free of charge by XXXXX on the Site and on any other French or foreign websites operated by any companies with which the Company has agreements,
• They consent to their Testimonials being broadcast by XXXXX by any means and on any medium for the promotion of the Site,
• They accept that their Testimonials may be translated into all languages,
• They acknowledge and agree that the Testimonials may be modified, including regarding their framing, format, and colors, as well as altered or degraded in quality, based on the technical constraints of the Site,
• They waive the right to request any remuneration, royalties, compensation, or financial compensation from XXXXX for this.

21. Personal Data

XXXXX has a policy for the protection of personal data, the details of which are explained in the document titled "Privacy Policy," which the User is expressly invited to review.

22. Commercial References

The User expressly authorizes XXXXX to mention them and, if necessary, to use the reproduction of their brand or logo as a commercial reference, notably during events or exhibitions, in its commercial documents, on its Platform and its Site, in any form whatsoever, during the duration of the Services and for 5 (five) years after their end.

23. Links and Third-Party Websites

XXXXX shall not be held responsible for the technical availability of websites operated by third parties (including its potential partners) that the User may access via the Platform.

XXXXX assumes no responsibility for the content, advertisements, products, and/or services available on such third-party websites, which are governed by their own terms of use.

XXXXX is also not responsible for transactions between the User and any advertiser, professional, or merchant (including potential partners) to whom the User is directed via the Platform and shall not be a party to any disputes with such third parties concerning the purchase of products and/or services, warranties, statements, and other obligations of these third parties.

24. Advertising

XXXXX, in collaboration with the User, reserves the right to place any advertising or promotional messages on any page of the Platform and in any communication to Users, in a form and under conditions that XXXXX alone will determine.

25. Force Majeure

No Party shall be held liable for failing to perform its contractual obligations if the failure is due to an event beyond the control of the Parties, constituting force majeure, as defined by Article 1218 of the Civil Code.

Force majeure includes events that are generally recognized as unforeseeable and irresistible by law and French courts, such as strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters, or failure attributable to a third-party telecommunications provider.

The affected party must inform the other party as soon as possible, indicating the nature of the force majeure event. The parties will consult each other to determine the most appropriate means to mitigate, if possible, the consequences of the force majeure event(s).

If the force majeure event lasts more than 3 (three) months, each party may terminate the contract by sending a registered letter with acknowledgment of receipt, effective immediately, without judicial formality, without notice, and without any right to compensation.

If, due to a force majeure event, the affected party is unable to fulfill only part of its contractual obligations, it remains responsible for the obligations that are not affected by the force majeure event, as well as for its payment obligations.

Once the force majeure event ends, the affected party must inform the other party immediately and resume the affected obligations within a reasonable period.

26. Modifications

XXXXX reserves the right to modify these General 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 according to the procedures provided in the article "Duration of Services and Unsubscription."

Any User who uses the Services after the modified General Terms and Conditions come into effect is deemed to have accepted these modifications.

27. Language

In the event of a translation of these General Terms and Conditions into one or more languages, the French language shall be the language of interpretation in case of contradiction or dispute regarding the meaning of any term or provision.

28. Applicable Law and Jurisdiction

The General Terms and Conditions are governed by French law and will be interpreted according to this law.

29. General Disclaimer

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Annex - Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

To: XXXXX

Address: [---]

I hereby notify you of my withdrawal from the contract for the service provision below: [to complete]

Registration on the site [to complete] on:

Name(s) of User(s):

Address of User(s):

Signature of User(s): (only if this form is sent on paper)

Date: