1. Purpose The LEDGITY company (hereinafter: "LEDGITY") publishes and operates a platform accessible from a mobile application (hereinafter the "Platform") through which it offers its users (hereinafter: after the “Users”) a solution allowing them to give a complete view of their assets in real time to manage it and to be able to find a wealth management advisor. The functional and technical characteristics of the Platform are described on the website https://ledgity.com/ (hereinafter the “Site”). The purpose of these general conditions (hereinafter: "the General 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 by a direct link at the bottom of the page of the Site and the Platform. They may be supplemented, where appropriate, by conditions of use specific to certain Services, which supplement these general conditions and, in the event of contradiction, prevail over them.
2. Operator of the Platform and Services, contact The Platform and the Services are operated by LEDGITY, SAS registered with the Nice RCS under number 834 477 747, whose head office is located at 61 avenue Simone Veil 06200 Nice. LEDGITY can be contacted at the following address: LEDGITY, 61 avenue Simone Veil 06200 Nice Email address: email@example.com
3. Access to the Platform and the Services 3.1. Legal capacity The Platform and the Services are accessible: To any natural person with full legal capacity to engage under these General Conditions. A natural person who does not have full legal capacity can only access the Solution and the Services with the consent of his legal representative. To any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.
4. Acceptance of General Conditions Acceptance of these General Conditions by the User is indicated by a checkbox in the registration request form. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. The User who does not agree to be bound by these General Conditions must not access the Platform or use the Services.
5. Registration 5.1. Use of the Services requires the User to register on the Platform, by completing the form provided for this purpose. The User must provide all the information marked as mandatory, in particular his name, first name, professional email address and password. The User acknowledges and accepts that the email address provided on the registration form constitutes his connection identifier. Any incomplete registration will not be validated. Registration leads to the opening of a account in the name of the User (hereinafter: the "Account"), giving him access to a personal space (hereinafter: the "Personal Space") which allows him to manage his use of the Services in a form and according to the technical means that LEDGITY deems most appropriate to provide said Services. 5.2. The User guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not vitiated by any misleading nature. He undertakes to update this information in his Personal Space in the event of any changes, so that it always meets the aforementioned criteria. The User is informed and accepts that the information entered for the purposes of creating or updating his Account is proof of his identity. The information entered by the User is binding upon validation. 5.3. The User can access his Personal Space at any time after having identified himself using his connection identifier as well as his password. The User agrees to use the Services personally and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility. He is also responsible for maintaining the confidentiality and security of his username and password, any access to The Platform using the latter being deemed to have been made by the User. He must immediately contact LEDGITY if he notices that his Account has been used without his knowledge. It recognizes LEDGITY's right to take all appropriate measures in such a case.
6. Services 6.1. Description of the Services Before any online subscription and in application in particular of the provisions of Article L111-1 of the Consumer Code, the User can become acquainted with the Services on the Site. The User has access to the following Services, in a form and according to the functionalities and technical means that LEDGITY deems most appropriate. LEDGITY offers two types of Services to the User: A free service (hereinafter the "Freemium Service") allowing the aggregation of asset data (savings books, PEA, life insurance, cryptos, etc.); A paid service (hereinafter the "Premium Service"), taken out in the form of a subscription (hereinafter "the Subscription"), offering advanced analyzes of the User's assets (risk profile, detailed distribution, capacity loan, available liquidity level, etc.) and offering advanced functionalities for wealth management advisers. 6.2. Hosting of the Platform LEDGITY undertakes to ensure, under the terms of an obligation of means, the hosting of 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 provider, carrying out its activity in accordance with the practices of the profession and the state of the art. In this context, LEDGITY undertakes to provide the User with sufficient storage and processing capacities within the framework of the Services, in accordance with the practices of the profession and the state of the art. LEDGITY undertakes to implement all the 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 surveillance of infrastructures, the control of physical and / or intangible access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect the servers malicious acts. LEDGITY also undertakes to take all useful precautions, with regard to the nature of the data and the risks presented by the automated processing of data implemented for the needs of the Services, to preserve the security of the data, and in particular to prevent them from being processed. are distorted, damaged or accessed by unauthorized third parties.
7. Technical assistance LEDGITY offers the User technical assistance accessible by email at the following address: firstname.lastname@example.org, allowing him to report any difficulty encountered when using the Services. 7.1. Other Services LEDGITY reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate for providing said Services. 7.2. Service level guarantee LEDGITY will make its best efforts to ensure the permanence, continuity and quality of access to the Services. In addition, given the complexity of the internet, the unequal capacities of the different sub-networks, the influx at certain times, at the various bottlenecks over which LEDGITY has no control, the responsibility of LEDGITY will be limited to the operation of its servers, the outer limits of which are constituted by the connection points. LEDGITY cannot be held responsible for (i) access speeds to its servers, (ii) external slowdowns to its servers, and (iii) poor transmissions due to a failure or malfunction of these networks and (iv ) a bad internet connection. If necessary, LEDGITY reserves the right to limit or suspend access to the Platform to carry out any maintenance and / or improvement operation. In this case, LEDGITY 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 general informative message on the Platform of these operations. of maintenance. As part of these maintenance and / or development operations, LEDGITY undertakes to make its best efforts to back up the content stored on the User's Account and / or the Platform. The User acknowledges and accepts that this service level guarantee does not cover any breakdown or interruption of the Services due to telecom operators or providers of internet and mobile web access or poor internet coverage or saturation of the linked internet access instead 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 penalized by the termination of contractual relations with its User, and its liability will be limited under the conditions provided below to the article "Liability".
8. Financial conditions 8.1. Price of Services Freemium service identified in the article "Description of Services" of the General 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 expressed in Euros, French taxes not included. LEDGITY reserves the right, at its free discretion and under terms of which it will be the sole judge, to propose promotional offers or price reductions. 8.2. Revision of prices The prices referred to in the article "Prices" may be subject to revision by LEDGITY at any time, at its discretion. The User will be informed of these changes by LEDGITY by any useful written means (and in particular by email) at least 1 month before the entry into force of the new prices. These apply as soon as they come into force. The User who does not accept the new prices must terminate his Subscription according to the terms provided under "Duration of Services / unsubscribe" and stop using the Services. Otherwise, he will be deemed to have accepted the new prices. 8.3. Invoicing 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 payable upon subscription, or as part of a promotional offer offered by LEDGITY, upon expiration of the promotional offer period. Payment can 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 guarantees to LEDGITY that he has the necessary authorizations to use the chosen payment method. 8.5. Late payments and defaults The User is informed and expressly accepts that any late payment of all or part of an amount due to LEDGITY on its due date will automatically result, and from the day following the date of payment appearing on the invoice: Forfeiture of the term of all sums due by the User and their immediate payment, regardless of the payment terms that had been provided for. Immediate suspension of the Services and access to the Platform until full payment of all amounts due. Invoicing in favor of LEDGITY of late interest, due by the sole fact of the expiry of the contractual term, at the rate of 3 (three) times the legal interest rate, based on the amount of the unpaid debt at maturity and a lump sum compensation of 40 (forty) euros for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred are higher to that amount.
9. Duration of Services and unsubscription The freemium Service is subscribed for an indefinite period. The User can unsubscribe from the freemium Service at any time, directly in his Personal Space or by sending a request to this effect to LEDGITY by email, to the contact details mentioned in the article "Operator of the Platform and Services, contact". Unsubscription is effective from the end of the current billing period. LEDGITY also reserves the right to close and delete any Account that remains inactive for a continuous period of 6 (six) months. The Premium Service is taken out in the form of an annual or monthly subscription (hereinafter: the "Initial Period"). At the end of the Initial Period, the Subscription is tacitly renewed, unless terminated by LEDGITY or by the User at the latest before the end of the Initial Period. If the Subscription is renewed at the end of the Initial Period, it is renewed for periods successive of the same duration, unless terminated by the User or by LEDGITY until the last day of the current month or year. In any event, the termination of the Subscription is carried out by email or via the User's Personal Space and takes effect at the end of the Subscription period during which the request is sent. The User is informed of the provisions of Article L215-1 of the Consumer Code: "For service contracts concluded for a fixed period with a tacit renewal clause, the professional service provider informs the consumer in writing, by name 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, the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in an apparent box, the deadline for non-renewal. When 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, are in this case reimbursed within thirty days from the date of termination, after deduction of the sums corresponding, up to this, to the execution of the contract. The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules with regard to consumer information. "
10. Right of withdrawal The User has a right of withdrawal, for a period of 14 (fourteen) days from his signature hereof. He may exercise this right by sending LEDGITY to the contact details mentioned in the article "Operator of the Site and Services, contact", before the expiry of the aforementioned period, the form appearing in the Annex hereto, duly completed, or any other declaration , unambiguous, expressing its willingness to retract. In the case that the right of withdrawal is exercised, LEDGITY will reimburse the User for all payments received from the latter, without undue delay and, in any event, no later than 14 (fourteen) days from the day on which LEDGITY will have been informed of the User's withdrawal decision. The refund will be made using the same means of payment as that used for the initial transaction, unless the User expressly agrees on a different means. In any event, this reimbursement 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 checking the box to this effect in his registration form, he may exercise his right of withdrawal within the period and according to the aforementioned terms and conditions. In this case, he will be liable to LEDGITY for the price of the Subscription, prorated for the period elapsed until the communication of his decision to withdraw to LEDGITY.
11. Proof agreement The User expressly acknowledges and accepts: that the data collected on the Platform and the LEDGITY IT equipment are proof of the reality of the operations carried out in the context of these presents, that these data constitute the main mode of proof accepted between the parties.
12. Obligations and responsibility of the User Without prejudice to the other obligations provided for in these General Conditions, the User undertakes to comply with the obligations which follow. 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 the Services. 12.2. The User agrees to provide LEDGITY with all the information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with LEDGITY for the proper execution of the Contract. 12.3. The User is solely responsible for the documents, elements, data, information and any content that he provides to LEDGITY in connection with the use of the Services. He guarantees to LEDGITY that he is authorized to provide it with these elements and that he has all the rights and authorizations necessary for their use 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. He therefore refrains from assigning, granting or transferring all or part of his rights or obligations hereunder to a third party, in any way whatsoever. 12.6. The User is solely responsible for the content of any kind (editorial, graphic, audio, audiovisual or other) that he publishes on the Platform (hereinafter the "Content") and for any consequences that may arise therefrom. 12.7. The User guarantees to LEDGITY that he has all the rights and authorizations necessary for the dissemination of this Content. He undertakes that the said Content is lawful, does not infringe public order, good morals or the rights of third parties, does not infringe any legislative or regulatory provision and more generally, is in no way likely to put in play the civil or criminal liability of LEDGITY. The User thus refrains from disseminating, in particular and without this list being exhaustive: Child pornographic, pornographic, defamatory, abusive, racist, obscene, indecent, shocking, violent, xenophobic or revisionist Infringing Content against a third person, Content that is untrue, deceptive or offers or promotes illicit, fraudulent or deceptive activities, and more generally Content that may infringe the rights of third parties or be detrimental to third parties, of any way and in any form.
13. User Guarantee The User guarantees LEDGITY against all complaints, claims, actions and / or claims whatsoever that it may suffer as a result of the violation by the User of any of its obligations or guarantees to terms of these General Conditions. The User agrees to indemnify LEDGITY for any damage it would suffer and pay her all costs, charges and / or sentences that she may have to bear as a result. 14. Liability and guarantee of LEDGITY
14.1. LEDGITY undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it bears an obligation of means, to the exclusion of any obligation of result, which the User acknowledges and accepts. expressly. 14.2. LEDGITY intervenes exclusively for the purposes of providing the Services described in these General Conditions. 14.3. LEDGITY does not guarantee the User that the Services offered will meet all of their needs and expectations. 14.4. LEDGITY cannot be held responsible for decisions made by the User or by any third party designated by him. Likewise, LEDGITY can in no way 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. LEDGITY is committed to carry out regular checks to verify the functioning and accessibility of the Platform and the Site. As such, LEDGITY reserves the right to temporarily interrupt access to The Platform for maintenance reasons. Likewise, LEDGITY cannot be held responsible for any temporary difficulties or impossibilities of access to its Application which may have originated from circumstances which are external to it, force majeure, or which would be due to disruptions of the telecommunications networks, the Users. being aware of the complexity of global networks and the influx, at certain times, of Internet users. 14.6. The Services are provided by LEDGITY as is and without warranty of any kind, express or implied. LEDGITY in particular does not guarantee Users (i) that the Services, subject to constant research to improve performance and progress in particular, will be completely free from errors or defects or defects, (ii) that the Services, being standard and in no way offered for the sole intention of a given User according to their own personal constraints, will specifically meet their needs and expectations.
15. Prohibited behavior 15.1. It is strictly forbidden to use the Services for the following purposes: the exercise of illegal, fraudulent activities or those infringing the rights or safety of third parties, the violation of public order or the violation of laws and regulations in force, intrusion into the computer system of a third party or any activity likely to harm, control, interfere or intercept all or part of the computer system of a third party, violate its integrity or security, manipulations intended to improve the referencing of a third-party site, help or incitement, in any form and in any way whatsoever, to one or more of the acts and activities described above, and more generally any practice diverting the Services for purposes other than those for which they were designed. 15.2. Users are strictly prohibited from copying and / or diverting for their own purposes or those of third parties the data retrieved on the Platform other than those belonging to Users, [f] the concept, technologies or any other element of the Platform. 15.3. The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into LEDGITY's systems, (iii) any misappropriation of system resources from the Platform, (iv) all actions likely to impose a disproportionate load on the Platform's infrastructure, (v) all breaches of security and authentication measures, (vi) all acts likely to infringe rights and interests financial, commercial or moral of LEDGITY, and finally more generally (vii) any breach of these General Conditions. 15.4. It is strictly forbidden to monetize, sell or grant all or part of access to the Services or the Platform, as well as to the information hosted and / or shared there.
16. Sanctions breaches In the event of breach of any of the provisions of the Contract, or more generally, of breach of laws and regulations by the User, LEDGITY reserves the right to take any appropriate measure and in particular to: Suspend, delete or prevent access to the Services of the User, author of the breach or offense, or who participated in it, Delete any Content related to the breach or offense considered, in whole or in part, Take all appropriate measures and initiate any legal action, Notify the competent authorities if necessary, cooperate with them and provide them with all the information useful for the investigation and suppression of illegal or illicit activities. The User is informed and accepts that any breach of his obligations may lead, in addition to the consequences provided for above, to the immediate termination of the Contract by LEDGITY, by any written means.
The Contract is subject to French law and will be governed and interpreted according to this law. Any dispute that may arise on the occasion of its validity, interpretation or execution will be subject to the exclusive jurisdiction of the Commercial Court of Nice (France), unless mandatory procedural rule otherwise.
Annex - Withdrawal form (Please complete and return this form only if you wish to withdraw from the contract.) For the attention of: CompanyName Address: [---] Telephone: [---] E-mail address: [---] I hereby notify you of my withdrawal from the contract relating to 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 User (s): (only if this form is notified on paper) Date: [a] The history of applicable tariffs and their date of entry into force should be kept in mind. [b] The User must have the necessary time to learn about the new tariffs and to unsubscribe before they come into force. The information period must therefore be greater than the period for terminating the subscription. [c] To allow you to make offers (two months free). [d] Legal information obligation in the event of renewal tacit [e] Non-professional users have a right of withdrawal of 14J. [f] Ex: stock price data or analysis results that are derivatives of their data.
This Terms and conditions was last updated on 11th Nov 2021
This project has indirectly received funding from the European Union’s Horizon 2020 research and innovation programme under project Block.IS (grant agreement No 824509).