Legal

Version 2.2 - Effective date: 13 October 2026

Translation Disclaimer - This document is a translation into English of the original French document. This translation is provided solely for the convenience of English-speaking readers and is in no way binding. An English translation is made available for convenience only. In the event of any discrepancy between the French and English versions, the French version shall prevail.

The Equisafe Market platform (hereinafter the “Platform”), accessible at market.equisafe.io, is published by Equisafe SAS, a simplified joint-stock company (société par actions simplifiée) with a share capital of EUR 5,641.88, having its registered office at 9 rue des Colonnes, 75002 Paris, registered with the Paris Trade and Companies Register under number 845 383 645 (hereinafter “Equisafe” or the “Company”). Equisafe is registered as an agent of a payment service provider of Lemon Way SAS on the Register of Financial Agents maintained by the Prudential Supervisory and Resolution Authority (Autorité de Contrôle Prudentiel et de Résolution) under number 85392, in accordance with Articles L. 523-1 et seq. of the French Monetary and Financial Code.

The Platform provides access to a range of services operated by the following entities, collectively referred to as the “Equisafe Entities” and individually as an “Equisafe Entity”: Equisafe Invest SAS, a simplified joint-stock company with sole shareholder (société par actions simplifiée à associé unique) with a share capital of EUR 88,000, having its registered office at 7 rue Pablo Neruda, 92300 Levallois-Perret, registered with the Paris Trade and Companies Register under number 900 651 332, licensed as a European Crowdfunding Service Provider by the French Financial Markets Authority (Autorité des Marchés Financiers) under number F-2024-4, pursuant to Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020. Equisafe Invest is also registered as an agent of a payment service provider of Lemon Way SAS on the Register of Financial Agents maintained by the Prudential Supervisory and Resolution Authority under number 725415.

Qazar Management Lux Sàrl, a limited liability company (société à responsabilité limitée) incorporated under Luxembourg law with a share capital of EUR 12,000, having its registered office at 62 avenue de la Liberté, L-1930 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B290541.

Equisafe Transaction, a simplified joint-stock company with sole shareholder (société par actions simplifiée à associé unique) with a share capital of EUR 50,000, having its registered office at 9 rue des Colonnes, 75002 Paris, registered with the Paris Trade and Companies Register under number 924 893 803, which operates the technical interfaces enabling Users to interact, from their non-custodial Wallet, with third-party decentralised protocols. Equisafe Transaction provides no crypto-asset service within the meaning of Article 3(1)(16) of Regulation (EU) 2023/1114 (the “MiCA Regulation”) and is accordingly subject to no authorisation requirement in that respect.

These General Terms of Use (hereinafter the “GTU”) govern the access to and use of the Platform by any User. By creating an Account on the Platform, the User acknowledges having read, understood and unconditionally accepted these GTU and any documents annexed hereto, and in particular the Risk Disclosure and the Personal Data Protection Policy, which form an integral part hereof.

Certain Services offered through the Platform are subject to Specific Terms that supplement the GTU. In the event of a conflict between the GTU and the applicable Specific Terms, the Specific Terms shall prevail with respect to the Service they govern. The contractual hierarchy is therefore as follows: the Specific Terms prevail over the GTU, which in turn prevail over any prior document or proposal.

Article 1. Definitions

In addition to the terms defined elsewhere in these GTU, the following terms shall have the meanings set out below.

“Mobile Application” means the mobile application published by Equisafe and available for download on the Apple App Store, serving as the strong authentication and electronic signature system of the Platform, based on passkey technology compliant with the FIDO2/WebAuthn standard, the terms of use of which are set out in Article 7.3 hereof.

“Assets” means all financial instruments, securities, digital assets and tokens accessible through the Platform, of any nature whatsoever, whether issued by an Equisafe Entity, by a Regulated Partner or by a third-party issuer, and whether or not admitted to trading on a regulated market or multilateral trading facility. Assets fall into three sub-categories: Financial Assets, Crypto-Assets and Electronic Money Tokens.

“Financial Assets” means financial instruments within the meaning of Article L. 211-1 of the French Monetary and Financial Code, including equity securities, debt securities, units or shares in collective investment schemes, and financial contracts.

“Blockchain” means a distributed ledger enabling the verifiable and immutable recording of transactions through cryptography, without recourse to a centralised trusted third party. “Account” means the personal space created by the User on the Platform, enabling access to the Services, the management of personal information, the consultation of the transaction history and the use of the Wallet and the IBAN.

“Crypto-Assets” means crypto-assets within the meaning of Article 3(1)(5) of Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 (“MiCA Regulation”), i.e. a digital representation of a value or a right which may be transferred and stored electronically, using distributed ledger technology or similar technology.

“IBAN” means the international bank account number allocated to the User in connection with the use of the Platform. The IBAN allocated is a virtual IBAN (vIBAN) within the meaning of the report of the Prudential Supervisory and Resolution Authority dated 13 April 2026, i.e. a payment identifier linked to the User’s payment account held by Lemon Way or by Schuman Financial, and not an individual bank account held at a credit institution. It enables the User to receive and send funds in euros by SEPA transfer.

“Electronic Money Tokens” means electronic money tokens within the meaning of Article 3(1)(7) of the MiCA Regulation, and in particular the EURØP token issued by Schuman Financial in its capacity as an electronic money institution.

“Regulated Partners” means third-party providers, subject to a licence, registration or authorisation by a competent authority, whose infrastructure or services are integrated into the Platform and who act in a direct contractual relationship with the User. As of the date hereof, the Regulated Partners include in particular Schuman Financial and DFNS. The payment service provider(s) of which Equisafe and Equisafe Invest are registered agents within the meaning of Article L. 523-1 of the French Monetary and Financial Code do not fall within this definition and are identified in Article 15 hereof.

“Services” means all services accessible through the Platform, whether provided by Equisafe SAS, Equisafe Invest SAS, Qazar Management Lux Sàrl or Equisafe Transaction, and governed by these GTU and, where applicable, by the relevant Specific Terms.

“Specific Terms” means the specific contractual terms and conditions governing a particular category of Services, supplementing these GTU. Each set of Specific Terms forms part of the contractual whole constituted by these GTU.

“Transaction” means any operation carried out by a User through the Platform involving the transfer, exchange, subscription, redemption or conversion of Assets, including any on-chain operation recorded on the Blockchain.

“User” means any natural or legal person who creates an Account on the Platform, regardless of whether such person acts in a personal, professional or commercial capacity. The term “User” covers both Clients and End Users as defined in the applicable Specific Terms.

“Wallet” means the non-custodial digital wallet provided to the User through the software infrastructure of DFNS, based on a multi-party computation (MPC) architecture, enabling the holding, sending and receiving of digital Assets. The Wallet is a cryptographic software whose private keys are fragmented and distributed such that no single party can act unilaterally on the User’s Assets.

Article 2. Purpose

These GTU are intended to define the terms and conditions under which the Equisafe Entities make the Platform and the Services available to Users. They constitute the common contractual framework applicable to all Services, regardless of the Equisafe Entity providing the Service and regardless of the nature of the Service subscribed to.

Article 3. Acceptance and enforceability

The use of the Platform implies unreserved acceptance by the User of these GTU. This acceptance is formalised by ticking a box or clicking a button during the creation of the Account, in accordance with Article 1127-2 of the French Civil Code. These GTU are made available to the User, prior to the creation of the Account, in a format that may be downloaded and stored on a durable medium, in compliance with Articles L. 221-5 and L. 221-13 of the French Consumer Code.

Article 4. Amendment of the GTU

Equisafe reserves the right to amend these GTU at any time, in order to adapt them to changes in the Services, legislation, case law or market practices. Any material amendment shall be notified to the User by email sent to the address registered on the Account, or by publication of a notice on the Platform, at least thirty (30) calendar days before its entry into force. For amendments relating to the payment services governed by the PSD2 Directive and its transposition into French law, the notice period shall be extended to two (2) months prior to the proposed date of entry into force, in accordance with Article L. 314-13 of the French Monetary and Financial Code.

If the User does not accept the proposed amendment, the User may terminate the Services by closing the Account before the entry into force of the new terms. The continued use of the Platform after the entry into force of an amended version shall constitute acceptance thereof.

Article 5. Registration and creation of the Account

5.1 Eligibility

Access to the Platform is reserved for natural persons of legal age having full legal capacity, and for legal persons duly incorporated and represented by a person duly authorised to act on their behalf. Any natural person who is a minor, or who is under guardianship, curatorship or any other measure of legal protection restricting the capacity to contract, is not authorised to create an Account. The creation of an Account by a legal person implies that its representative warrants to Equisafe that the person has the power to bind the legal person.

5.2 Account creation

Access to the Services is subject to the prior creation of an Account on the Platform. The User provides, for this purpose, a valid email address which constitutes the User’s login identifier, chooses a personal password meeting the complexity requirements indicated by the Platform, accepts these GTU and the documents annexed hereto, and completes the identification procedure described in Article 6. The effective creation of the Account is confirmed by receipt, at the email address provided, of an activation email containing a link that the User activates to validate the registration.

Only one Account is authorised per User. Any natural or legal person who opens multiple Accounts in breach of this clause may have all of their Accounts suspended or closed. Any false declaration or identity fraud committed during registration is subject to the civil and criminal penalties provided by law.

Article 6. Identity verification and due diligence obligations

In accordance with Articles L. 561-1 et seq. of the French Monetary and Financial Code, with Directive (EU) 2015/849 of 20 May 2015 as amended, with Luxembourg law of 12 November 2004 as amended, each User is required to undergo the identity verification and due diligence procedures (KYC/KYB) applicable to the Service subscribed to, prior to any use of the Services. This verification is carried out, for the Equisafe Entity that is party to the Service concerned, or by Equisafe acting as part of the pooled verification process, on the basis of supporting documents.

For natural persons, the required documents include a valid official identity document (national identity card, passport or residence permit) and a proof of address dated less than three months. For legal persons, the required documents include a certificate of incorporation or equivalent dated less than three months, the current articles of association, identification of the beneficial owners within the meaning of Articles L. 561-2-2 and R. 561-1 of the French Monetary and Financial Code, and an identity document for the legal representative and each beneficial owner. The User undertakes to provide accurate and up-to-date information and to update such information without delay in the event of any change. Equisafe reserves the right to request additional information at any time under its ongoing due diligence obligations pursuant to Article L. 561-6 of the French Monetary and Financial Code, and to refuse registration, suspend or close the Account if the profile does not meet the applicable criteria.

The User is informed that the verifications involve specialised technical providers. Details regarding the processing of Personal Data in this context are set out in the Personal Data Protection Policy.

Article 7. Wallet, IBAN and regulatory qualification

7.1 Provision of the Wallet

The User is provided, in connection with the use of the Platform, with a non-custodial Wallet, supplied through the software infrastructure of DFNS. This Wallet is a cryptographic software enabling the User to generate, store and use one or more pairs of cryptographic keys for the purpose of holding, transferring and receiving digital Assets. The User retains exclusive control of the private keys at all times.

The Wallet is based on a multi-party computation (MPC) architecture provided by DFNS, in which the User’s private key is fragmented into several shares (key shards) distributed among different parties. No party, whether Equisafe, DFNS or the User taken individually, holds the entirety of the private key or can, without the cooperation of the other parties, sign a transaction or dispose of the User’s Assets. This architecture ensures that no Equisafe Entity has unilateral control over the Assets held in the Wallet.

Authorisation of operations. Any operation from the Wallet — including any acquisition of crypto-assets, any interaction with a decentralised-finance protocol and any transfer or deployment of Assets — requires the User’s prior authentication and cryptographic signature, carried out by the User by means of a passkey on the Equisafe mobile application. This signature is a necessary condition for the generation of the User’s key share required to sign the transaction under the MPC architecture. No Equisafe Entity and no third party may initiate, authorise or sign any such operation in the absence of, or in substitution for, the User’s passkey signature. The User is accordingly, at all times, the sole party able to authorise the disposal of the Assets, which confirms the self-custody classification of the Wallet and the absence of any custody of crypto-assets on behalf of third parties within the meaning of Annex I, Section A, point 1 of the MiCA Regulation.

DFNS provides a Wallet access recovery procedure (recovery), designed to enable the User to restore access to the Assets in the event of loss of authentication credentials. This recovery procedure is operated by DFNS in accordance with its own terms and conditions, and does not confer on any Equisafe Entity the power to dispose of the User’s Assets or to sign transactions on the User’s behalf. Equisafe does not guarantee the availability, outcome or timeframe of this recovery procedure, responsibility for which lies exclusively with DFNS.

The User expressly acknowledges that transactions executed on the Blockchain are, by their nature, irreversible and cannot be cancelled, amended or refunded after validation by the network, regardless of the reason invoked.

No Equisafe Entity carries out, in connection with the provision of the Wallet, any activity of custody of crypto-assets on behalf of third parties within the meaning of Annex I, Section A, point 1 of the MiCA Regulation, nor any activity of management of means of payment within the meaning of Articles L. 314-1 and L. 522-1 et seq. of the French Monetary and Financial Code. The Wallet is classified as self-custody software, over which the User has full control.

7.2 Provision of the IBAN and EURØP flows

Upon creation of the Account, the User is allocated an IBAN enabling the receipt and sending of funds in euros by SEPA transfer. The IBAN is issued, depending on the Services concerned, by Lemon Way SAS in its capacity as the principal payment service provider of which Equisafe is a registered agent, or by Schuman Financial in its capacity as an electronic money institution licensed by the Prudential Supervisory and Resolution Authority. The general terms and conditions of the IBAN issuer, accessible from the Platform, govern the aspects of the contractual relationship that fall within the regulatory competence of said provider. Funds received in euros on the IBAN are, depending on the architecture of the Service concerned, subject to the issuance of EURØP electronic money by Schuman Financial, under the terms of the general conditions applicable to EURØP which the User acknowledges having previously accepted, or credited to the User’s Lemon Way payment account. Conversely, redemption operations give rise, as the case may be, to a redemption of EURØP by Schuman Financial or to a transfer from the Lemon Way payment account, followed by the transfer of the corresponding funds to the bank account designated by the User.

The User is informed that the protections afforded by electronic money regulations, and in particular the fund protection obligations provided for in Article L. 526-32 of the French Monetary and Financial Code, apply under the conditions set out in such regulations and in accordance with the general conditions of Schuman Financial. Funds held in the Lemon Way payment account benefit from the protections provided for by the payment institution regime, and in particular the segregation of client funds pursuant to Article L. 522-17 of the French Monetary and Financial Code. Once EURØP has been transferred to the User’s Wallet, it is held under the User’s exclusive control and no longer benefits from the segregation arrangements of the issuer.

7.3 Mobile Application

Equisafe makes available to the User a mobile application (hereinafter the “Mobile Application”), available for download on the Apple App Store for phones running iOS. The Mobile Application is a component of the Platform’s infrastructure, the purpose of which is to provide the User with a strong authentication and electronic signature system enabling identity verification and validation of all sensitive operations carried out through the Platform. The Mobile Application is based on passkey technology compliant with the FIDO2/WebAuthn standard. This standard enables the generation, within the secure enclave of the User’s phone, of an asymmetric cryptographic key pair (public key and private key) linked to the User’s Account. The private key never leaves the secure enclave of the phone and is never transmitted to Equisafe’s servers or accessible to any third party. Authentication and signing of operations are carried out by local cryptographic verification, triggered by biometric recognition (FaceID or equivalent technology available on the phone) or, failing that, by entry of the phone’s access code.

The User accesses the Mobile Application by identifying themselves using their Equisafe email address and password, supplemented by the phone’s native biometric verification. This combination of three authentication factors (knowledge, possession and inherence) constitutes a strong authentication mechanism within the meaning of Article 97 of Directive (EU) 2015/2366 (PSD2) and of Commission Delegated Regulation (EU) 2018/389 of 27 November 2017.

The Mobile Application enables the User to validate all operations requiring identity verification, including in particular the signing of smart contracts, the subscription to subscription bulletins in the context of crowdfunding or investment vehicle services, the validation of Crypto-Asset transfer operations from the Wallet, the confirmation of changes to sensitive Account settings, and more generally any operation for which the Platform requires enhanced identity verification. The signature affixed by the User through the Mobile Application constitutes an electronic signature within the meaning of Article 3(10) of Regulation (EU) No 910/2014 of 23 July 2014 (“eIDAS Regulation”) and of Article 1367 of the French Civil Code, and has the same evidentiary value as a handwritten signature, in accordance with Article 1367, paragraph 2, of the French Civil Code, subject to the sovereign assessment of the court in the event of a dispute.

The User is responsible for the security of the phone on which the Mobile Application is installed. The User undertakes to install the Mobile Application only on a phone of which the User is the owner or legitimate user, to keep the phone’s operating system up to date with the latest security updates published by the manufacturer, not to modify the phone’s operating system by jailbreak, root or any other technique that would compromise software integrity, and to protect physical access to the phone by biometric locking or a robust access code. Equisafe reserves the right to refuse or deactivate access to the Mobile Application on any phone whose software integrity appears to be compromised.

In the event of loss, theft or compromise of the phone on which the Mobile Application is installed, the User must immediately inform Equisafe at [email protected] so that the passkey associated with the phone concerned may be revoked and access to the Account secured. Equisafe shall proceed with revocation as soon as reasonably practicable following receipt of the notification. Until such revocation, the User bears the risk of operations validated from the lost or stolen phone under the conditions set out in Article 8 below.

The Mobile Application is distributed through the Apple App Store. The User acknowledges that the Mobile Application is published and provided by Equisafe SAS and not by Apple Inc. Apple assumes no obligation of maintenance, support, warranty or liability in respect of the Mobile Application. Any claim relating to the Mobile Application must be addressed to Equisafe in accordance with these GTU. Apple and its subsidiaries are third-party beneficiaries of these terms with respect to the use of the Mobile Application, and may enforce such terms as third-party beneficiaries, in accordance with the App Store terms and conditions.

Article 8. Account security, authentication and electronic signature

The User is solely responsible for preserving the confidentiality of login credentials, password, the integrity of the mobile phone and any information enabling access to the Account, Wallet or Mobile Application. Any operation carried out from the Account and validated through the Mobile Application shall be deemed to have been carried out by the User and shall be binding on the User, unless the contrary is proven under the conditions set out herein.

Equisafe implements security measures in accordance with industry standards, including in particular three-factor strong authentication through the Mobile Application (knowledge, possession and inherence), FIDO2/WebAuthn passkey technology ensuring that the signing private key never leaves the secure enclave of the phone, logging of connections and sensitive operations, encryption of communications and detection of abnormal behaviour. The User undertakes to install and keep the Mobile Application up to date, to use a robust password and never to disclose it to any third party.

The User undertakes to immediately notify Equisafe, at the email address [email protected], of any security incident and in particular any loss, theft, misappropriation, disclosure or unauthorised use of credentials, Wallet or mobile phone on which the Mobile Application is installed. Equisafe shall take, upon receipt of such notification, the appropriate measures to prevent further fraudulent use, including in particular the revocation of the passkey associated with the phone concerned, within the limits of the means available to it given the non-custodial nature of the Wallet. Equisafe reserves the right to immediately suspend access to the Account, as a precautionary measure, in the event of suspected fraudulent use, compromise of credentials or serious breach of these GTU.

Article 9. Intellectual property

The Platform, its content, its architecture, its source code, its databases and all their constituent elements are the exclusive property of Equisafe or of its licensors, and are protected by the provisions of the French Intellectual Property Code and by international conventions. No provision of these GTU may be interpreted as conferring on the User any right, title or interest in or to these elements, other than a personal, non-exclusive, non-transferable and non-sublicensable right of access and use strictly limited to the duration of the use of the Services.

The User grants to Equisafe a non-exclusive, worldwide, royalty-free licence to use, reproduce, store and process the data and content that the User uploads to the Platform, solely for the purposes of providing the Services and complying with the legal and regulatory obligations applicable to the Equisafe Entities.

Article 10. User content and conduct

The User is solely responsible for the content published, uploaded or communicated through the Platform. The User warrants that such content does not infringe the rights of third parties, does not constitute defamation, an invasion of privacy or an incitement to hatred, and complies with applicable laws and regulations. Equisafe reserves the right to remove any content that does not comply with these GTU or with applicable law, without prior notice and without liability.

Article 11. Availability and maintenance

Equisafe endeavours to ensure the availability of the Platform on a continuous basis. However, the User acknowledges that the Platform may be temporarily unavailable due to scheduled maintenance, updates, technical incidents or force majeure events. Equisafe shall not be liable for any damage resulting from the temporary unavailability of the Platform, provided that Equisafe has taken reasonable measures to inform the User in advance and to limit the duration and impact of the interruption.

Article 12. Tariffs and invoicing

The tariffs applicable to the Services are defined in the Specific Terms and in the price schedules published on the Platform. Any change in tariffs is notified to the User in accordance with the amendment procedure set out in Article 4. Unless otherwise specified in the applicable Specific Terms, tariffs are expressed in euros and inclusive of all taxes.

Article 13. Liability

13.1 Obligation of means

Each Equisafe Entity assumes, in the provision of the Services, an obligation of means. It undertakes to deploy the reasonable efforts expected of a diligent professional to ensure the proper operation of the Platform and the Services. No Equisafe Entity guarantees the User any particular outcome, and in particular does not guarantee the performance, return or capital preservation of any Assets.

13.2 Exclusions of liability

No Equisafe Entity shall be held liable for damage resulting directly or indirectly from: (i) the User’s failure to comply with these GTU or with the applicable Specific Terms; (ii) the loss or compromise of the User’s private keys, identifiers or access credentials; (iii) the malfunction, unavailability or security breach of a Blockchain, a smart contract or a decentralised protocol; (iv) the acts or omissions of a Regulated Partner acting under its own regulatory responsibility; (v) an event of force majeure within the meaning of Article 1218 of the French Civil Code; (vi) a decision by a competent authority; or (vii) the fiscal, legal or regulatory consequences of the operations carried out by the User through the Platform.

13.3 Indirect loss

No Equisafe Entity shall, under any circumstances, be held liable for indirect damage, and in particular for loss of profit, loss of opportunity, loss of data, loss of reputation or consequential damage, of any nature whatsoever, whether contractual or tortious.

13.4 Liability cap

Except in the case of gross negligence, fraud or breach of an essential obligation depriving the contract of its substance, and subject to mandatory rules applicable to regulated services, the total and cumulative liability of an Equisafe Entity towards a User, for all damage arising from the performance or non-performance of a Service, on any grounds whatsoever, shall be limited in accordance with the conditions and caps set out in the Specific Terms applicable to the Service concerned. This delegation is justified by the heterogeneous nature of the Services offered on the Platform and by the specific liability regimes that apply to some of them. In the absence of an express provision in the applicable Specific Terms, the liability cap enforceable against the relevant Equisafe Entity shall be equal to the total amount of fees actually received by such Equisafe Entity in consideration for the Service concerned during the twelve (12) months preceding the event giving rise to the damage. These limitations are enforceable against all liability claims, whether based on contractual or tortious liability.

Article 14. Duration and termination

These GTU enter into force upon the creation of the Account and remain in force for as long as the Account is open. The User may close the Account at any time, subject to the completion of pending operations and settlement of any amounts due. The closure of the Account does not release the User from obligations that, by their nature, survive termination, and in particular the obligations of confidentiality, intellectual property, and liability.

Equisafe may close or suspend the Account in the event of a serious breach by the User of these GTU, of a decision by a competent authority, of a failure to comply with identity verification obligations, or of any circumstance that would make the continuation of the contractual relationship legally impossible or contrary to the interests of Equisafe.

Article 15. Subcontracting and Regulated Partners

The User acknowledges and accepts that Equisafe and the other Equisafe Entities use, for the provision of all or part of the Services, technical subcontractors, one or more payment service providers of which they are registered agents, and Regulated Partners acting in a direct contractual relationship with the User. Technical subcontractors act under the direction and responsibility of the Equisafe Entity that employs them, which remains fully liable towards the User for the proper performance of the Services. Regulated Partners in direct contractual relationship with the User, by contrast, act in their own capacity and under their own regulatory responsibility, in accordance with the general conditions they oppose to the User. Equisafe and Equisafe Invest carry out the payment services entrusted to them as registered agents of Lemon Way SAS, a payment institution licensed by the Prudential Supervisory and Resolution Authority, registered with the Paris Trade and Companies Register under number 500 486 915, having its registered office at 8 rue du Sentier, 75002 Paris (hereinafter “Lemon Way”). The corresponding registrations appear on the Register of Financial Agents under numbers 85392 for Equisafe and 725415 for Equisafe Invest. Lemon Way remains the sole licensed payment service provider and retains regulatory responsibility for the provision of payment services to Users under the mandate granted to Equisafe and Equisafe Invest. As of the date hereof, the main Regulated Partners involved in the provision of the Services in a direct contractual relationship with the User include Schuman Financial, in its capacity as electronic money institution for the issuance and redemption of EURØP and, where applicable, for the allocation of IBANs, and DFNS, in its capacity as technical provider for the non-custodial Wallet software infrastructure. No Equisafe Entity acts as agent or mandatary of these Regulated Partners; the contractual relationships between the User and each of these Regulated Partners are legally distinct from these GTU.

The effective use of certain Services entails the User’s acceptance of the general conditions of the relevant Regulated Partner(s). Links providing access to such general conditions are made available on the Platform and presented to the User prior to the activation of the corresponding Service.

Article 15 bis. International sanctions and geographic restrictions

Access to the Platform and to the Services is refused, and the contractual relationship terminated, in respect of any natural or legal person subject to a restrictive measure adopted by the European Union, by the French Republic or by the United Nations Security Council, as well as any person acting on behalf of or controlled by such a person within the meaning of the applicable sanctions regimes.

Access is likewise refused to persons resident or established in a country or territory subject to sectoral or comprehensive restrictive measures, as well as in the countries and territories listed as high-risk jurisdictions within the meaning of Article L. 561-9-1 of the French Monetary and Financial Code. The list of countries and territories from which access to the Platform is restricted is published on the Platform and updated as necessary. Equisafe may further restrict access to a given Service in jurisdictions where its provision would require an authorisation held by no Equisafe Entity.

The User represents and warrants, upon creation of the Account and on a continuing basis, that the User is not subject to any restrictive measure, is not resident or established in a restricted country or territory, and does not act on behalf of any person in either of those situations. The User undertakes to inform Equisafe without delay of any change affecting these representations and not to use the Services to circumvent, directly or indirectly, any restrictive measure.

Equisafe screens Users, beneficial owners and payment counterparties against the applicable sanctions lists, and screens Blockchain addresses against public lists of designated addresses. The triggering of an alert results in the immediate suspension of the Account and of pending operations, as a precautionary measure and without notice, until the alert is cleared. Where an asset-freezing measure applies, the assets concerned are frozen and the operation is not executed, without any Equisafe Entity incurring liability in that respect. The User is informed of the measure to the extent permitted by law.

Article 16. Personal data

The processing of the User’s Personal Data is governed by the Personal Data Protection Policy, which constitutes an annex to and an integral part of these GTU. The User is invited to read this Policy carefully. Key provisions relating to data processing are summarised in the Policy, including the identity of the data controllers, the categories of data processed, the purposes and legal bases of the processing, the recipients of the data, the retention periods, and the rights of data subjects.

Article 17. Dispute resolution and applicable law

These GTU are governed by French law. Any dispute relating to the formation, interpretation, performance or termination of these GTU shall, failing amicable settlement within forty-five (45) calendar days from written notification of the dispute by the most diligent party, be submitted to the courts having jurisdiction within the Paris Court of Appeal.

Where a User acts as a consumer within the meaning of the preliminary article of the French Consumer Code or of the equivalent provision of the law of the User’s habitual residence, the mandatory protective provisions of the consumer law applicable to such residence, as well as the jurisdictional rules arising from Articles 17 et seq. of Regulation (EU) No 1215/2012 of 12 December 2012 (“Brussels I bis”) and Article 6 of Regulation (EC) No 593/2008 of 17 June 2008 (“Rome I”), shall remain available to the User and this jurisdictional clause shall not preclude them.

Article 18. General provisions

18.1 Non-waiver

The failure by either party, at any time, to exercise any right under these GTU shall not be construed as a waiver of the right to exercise such right at a later time.

18.2 Entire agreement

These GTU, together with the Specific Terms, the Risk Disclosure and the Personal Data Protection Policy, constitute the entire agreement between the parties with respect to their subject matter and supersede all prior agreements, whether written or oral.

18.3 Severability

If any provision of these GTU is held to be null, void or unenforceable, such nullity shall not affect the validity of the remaining provisions. The parties undertake, in such event, to negotiate in good faith a substitute provision respecting the initial economic balance.

18.4 Assignment

The User may not assign, transfer or otherwise dispose of its rights and obligations under these GTU without the prior written consent of Equisafe. Equisafe may freely assign its rights and obligations under these GTU to any Equisafe Entity or to any third party that acquires all or substantially all of the assets or activities of Equisafe, subject to thirty (30) calendar days’ prior notice to the User.

18.5 Agreement on evidence

The parties expressly agree that the electronic records of the Platform, including connection logs, transaction records, electronic signatures and data stored on the Blockchain, constitute admissible evidence between them and have the same evidentiary value as an original document signed by hand, in accordance with Articles 1366 and 1367 of the French Civil Code.

18.6 Language

These GTU are drafted in French, which is the binding version within the meaning of Law No. 94-665 of 4 August 1994 on the use of the French language. An English translation is made available for convenience only. In the event of any discrepancy between the French and English versions, the French version shall prevail.

Article 19. Stipulation for the benefit of End Users

Pursuant to Article 1205 of the French Civil Code, Clients who subscribe to the SaaS Platform Specific Terms and who grant their own end users access to the Services through a white-label deployment of the Platform stipulate for the benefit of such end users the rights granted to Users under these GTU. This stipulation is effective from the moment the end user creates an Account on the Client’s white-label platform. The Client warrants to Equisafe, pursuant to Article 1204 of the French Civil Code, that the Client’s end users have been informed of and have accepted these GTU.

End of the General Terms of Use Version 2.2 - Equisafe Market