General conditions of use

These General Conditions (hereinafter referred to as “CG”) are concluded between, on the one hand, the company Davensi (formerly Lord Services SA), a Simplified Joint Stock Company with capital of €46,604.60 whose head office is located at 494 RUE LEON BLUM, 34000 MONTPELLIER, registered with the Montpellier RCS under number 889 272 639 (whose intra-community VAT number is: FR60 889 272 639 and the SIRET number is: 889 272 639 00010), telephone number: +33 (0)4 83 43 29 44, contact email address: contact@davensi.com (hereinafter referred to as “Davensi” or the “Company”) duly represented for the purposes hereof by its legal representative, and, on the other hand , a natural or legal person (hereinafter referred to as the “User”), acting as a professional or consumer, who (i) visits or uses the Davensi website published by Davensi and accessible at the url address www.davensi.com (hereinafter the “Site”) and/or (ii) uses the Services offered there as defined in the “Definitions” article of these T&Cs.

The user hereby acknowledges and accepts that the website, previously associated with the “Lordtoken” brand, is now operated under the “Davensi” brand. Any reference to “lordtoken.com” in future communications or materials to this update shall be construed as referring to “Davensi”. This brand transition does not affect the rights and obligations of existing or future users.

Davensi operates as a digital asset service provider (“PSAN”). Indeed, Davensi’s activity concerns, among other things, the conservation of digital assets on behalf of third parties), the service for purchasing or selling digital assets in legal tender), the service for exchanging digital assets for other digital assets) and the operation of a platform for trading digital assets against other digital assets which correspond respectively to the services referred to in 1°, 2°, 3° and 4° of Article L. 54-10-2 of the Monetary and Financial Code, and subjects Davensi (formerly Lord Services) to the status of PSAN introduced by the PACTE law n°2019-486 of May 22, 2019.

As such, Davensi is registered as a PSAN in France with the Financial Markets Authority (“AMF”), under number E2023-063. Davensi also offers a digital asset portfolio management service, that is to say, the fact of managing, in a discretionary and individualized manner, portfolios including one or more digital assets within the framework of a mandate given by a customer.

The investment strategies on digital assets offered on the Davensi platform are drawn up and developed by the company Algo Alto, a simplified joint stock company, registered under number 978 646 958 and located at 80 avenue Fernand Lefebvre, 78300 Poissy, which is the majority shareholder of the Davensi company. Davensi will pay Algo Alto a fee under a license agreement, allowing it to exploit the strategies developed by Algo Alto, on behalf of its clients, in connection with the use of digital asset investment services.

In order to prevent and manage any potential conflict of interest that could harm the interests of its Clients, the Davensi company has put in place a procedure for managing conflicts of interest, as well as a policy for better execution of orders.

For more information on the Davensi company, publisher of the Site, the User is invited to consult legal notices of the Site.

Davensi and the User are hereinafter individually referred to as a “Party” and together referred to as the “Parties”.

1. Definitions

In addition to those defined elsewhere in these T&Cs, terms beginning with a capital letter have the meaning indicated below, whether in the singular or plural.

• Digital assets: in accordance with article L. 54-10-1 of the monetary and financial code, designates (i) the tokens mentioned in article L. 552-2 of the same code (excluding those fulfilling the characteristics financial instruments mentioned in Article L. 211-1 and cash vouchers mentioned in Article L. 223-1), as well as (ii) any digital representation of a value which is not issued or guaranteed by a central bank or by a public authority, which is not necessarily attached to a legal tender currency and which does not have the legal status of a currency, but which is accepted by natural or legal persons as a means of exchange and which may be transferred, stored or exchanged electronically.

  For the purposes of this definition, any intangible asset representing, in digital form, one or more rights that can be issued, registered, stored or transferred by means of a shared electronic recording device making it possible to identify, directly or indirectly, the owner of the said property.

• API: designates the application programming interface (Application Programming Interface) allowing third-party sites or applications to access the User’s Personal Space, and therefore the User’s Wallets and the Services, in real time.

• Aplo: designates Davensi’s partner, registered as a PSAN with the AMF, under number E2020-005, and which acts as a technical service provider for the development, provision and maintenance of the Davensi Platform and ensures the under-custody of Davensi clients’ digital assets. Aplo ensures that its clients’ assets are segregated from its own assets at all times.

• API keys: designates the public and private keys generated during the creation of an API and used to identify and authenticate the request issued by the third-party site or application to access the User’s Personal Space.

• Binance Link: designates the Binance Link program offered by the company Binance France SAS, Digital Asset Service Provider registered with the AMF under number E2022-037, which allows professional clients to build their business with Binance technology while earning commissions on trading fees, exploiting Binance’s liquidity and market order absorption capacity.

• Blockchain: designates the technology allowing the representation and transmission in particular of Digital Assets and allowing traces of transactions to be kept on them. Blockchain does not obey a single legal definition but generally has the following characteristics:

  • the identification of each part is carried out by a cryptographic process;

  • the transaction is sent to a network of computers (the “nodes” of the network) whose geographical location is scattered;

  • Each “node” hosts a copy of the database in which the history of transactions carried out is recorded. All stakeholders can access it simultaneously;

  • the security system is based on a consensus mechanism of all or part of the “nodes” each time information is added. Transactions are validated by “data centers” or “miners”. The transaction thus validated is added to the database in the form of a block of encrypted data (this is the “block” in blockchain);

  • the decentralization of security management constitutes in principle a significant brake on the falsification of transactions. Each new block added to the blockchain is linked to the previous one and a copy is transmitted to all “nodes” in the network. The integration is chronological and presumed indelible and unfalsifiable (cf. https://www.economie.gouv.fr/entreprises/blockchain-definition-avantage-utilisation-application).

• Order book: designates the table managed by the Platforms, which summarizes, at a given time, the state of supply and demand for each Digital Asset offered on the Platform. Orders awaiting execution are listed in the Order Book. As soon as an Order matches another Order (i.e. when a bid and a ask match), then it is executed and leaves the Order Book.

• Conservation: refers to the Service allowing the User to keep in one (or more) Wallet(s), hosted on the Platform, the Digital Assets obtained through a Deposit, Exchange or Exchange Operation. ’Purchase as well as the public/private keys allowing the carrying out of Operations on said Digital Assets. Conservation is provided by the Exchange Platform and/or Davensi, and therefore by Binance France and/or Aplo, as a technical service provider, but the Conservation Service is provided by Davensi.

• Dollar Cost Averaging (DCA): strategy that consists of regularly investing a fixed amount over time, regardless of market trends and fluctuations in asset prices. DCA is one of the Investment Strategies offered on the Site.

• Personal Space: designates the personal space (or account) of the User on the Site, accessible by the User via the Site by means of the use of their Identifiers. Users’ Personal Spaces are an integral part of the Site.

• Transaction Fees: means an amount in Fiat Currency or Digital Assets owed by the User to Davensi (unless otherwise stipulated in these T&Cs specifying that such Fees are due to a third party) for the provision of a Transaction Service. Operation. These Transaction Fees vary in particular depending on the nature of the Transaction, the amount of the Transaction and the type of Digital Asset. Transaction Fees include fees on Buy Transactions, on Sell Transactions, on Exchange Transactions, as well as Deposit Fees and Withdrawal Fees.

• Intervention Fee: designates an amount in Fiat Currency or Digital Assets owed by the User to Davensi (unless it is specified in these T&Cs that these fees are due to a third party) due to exceptional operations carried out by the User. Any operation which does not fall within the scope of the services offered by Davensi and mentioned in these general conditions is considered an exceptional operation.

• Withdrawal Fees / Deposit Fees: designates an amount in Digital Assets owed by the User to Davensi (unless it is specified in these T&Cs that these fees are due to a third party) for a Transfer Transaction, namely Withdrawal / Deposit of Digital Assets from / to a Wallet due to the costs associated with such registration on the Blockchain concerned (see costs associated with the validation, by the IT systems of the Blockchain concerned, of the transfer operation , namely Withdrawal or Deposit, of Digital Assets).

• Management mandate fees: refers to the fees mentioned in the management mandate.

• DCA fees: refers to the fees mentioned in the corresponding section.

• Timestamping: designates a process making it possible to certify, by means of Time Stamps, that a Document existed at a given time.

• Identifiers: designates the combination of identifier and personal password allowing access to the User’s Personal Space and use of the Services within the limits of the rights granted to the User.

• Minimum Limits: designates the minimum quantity of Digital Assets, or the corresponding value in fiat currency equivalence where applicable, allowing the completion of a Transaction. The Minimum Limits relate in particular to the minimum quantity that must be purchased, sold, exchanged, withdrawn or deposited by the User in order to be able to carry out a Purchase, Sale, Exchange, Withdrawal or Deposit Transaction.

• Maximum Limits: designates the maximum quantity of Digital Assets, or the corresponding value in fiat Currency equivalence where applicable, allowing the completion of a Transaction. The Maximum Limits relate in particular to the maximum quantity that can be purchased, sold, exchanged, withdrawn or deposited by the User as part of a Purchase, Sale, Exchange, Withdrawal or Deposit Transaction.

• Management Mandate: designates the contract concluded between the Users of the Digital Assets portfolio management Service offered by Davensi on the Site, and under the terms of which Davensi implements Investment Strategies on behalf of the User.

• Fiat currency: designates a legal tender currency managed by a Central Bank and controlled by a State. In the absence of precision, this currency is the euro.

• Operation: refers to any transaction carried out at the request of the User through their Personal Space and relating to Digital Assets. Among these Operations, it is appropriate to distinguish:

• Purchase Operation (or Purchase): designates the Operation by which the User exchanges a defined sum of fiat Currency for a quantity of Digital Assets. The Purchase Operation is technically operated by a third-party platform independent of Davensi, published by Simplex.

• Sales Operation (or Sale): designates the Operation by which the User exchanges a defined quantity of Digital Assets for a defined sum of Fiat Currency. The Sales Operation is technically operated by a third-party platform independent of Davensi, published by Simplex.

• Exchange Operation (or Exchange): designates the “spot exchange” / “spot trading” type Operation by which the User exchanges a defined quantity of Digital Assets for other Digital Assets. The Exchange Operation is technically operated by the Davensi Platform.

• Deposit Operation (or Deposit): designates the Operation by which the User transfers Digital Assets into a Wallet from another Wallet or an external Wallet.

• Withdrawal Operation (or Withdrawal): designates the Operation by which the User transfers Digital Assets held in a Wallet to another Wallet or to an external Wallet.

• Ceiling: designates the maximum value of Operations that can be carried out by the User over a given period. In the absence of precision, the Ceiling is calculated over a rolling year, and with regard to the cumulative value of all Operations carried out over the said period in euro equivalent.

• Exchange Platform: designates the online digital Asset exchange platform called “Exchange”, developed, made available, maintained, updated, operated and administered by Binance France, and whose general conditions are accessible at the address following: https://www.binance.com/fr/terms. The investment strategy services offered by Davensi are executed on the Exchange Platform.

• Davensi Platform: designates the online digital Asset exchange platform called “Exchange”, developed, made available, maintained, updated, operated and administered by Aplo, accessible via the Site, the latter being operated by Davensi. Clients can trade digital assets on the Davensi Platform.

• Platform(s): together means the Exchange Platform, the Davensi Platform or any other digital asset trading platform on which Davensi may execute the Investment Strategies.

• Wallet: designates an application (or wallet) accessible by the User within their Personal Space, made available by the Exchange Platform and the Davensi Platform and whose Conservation is ensured by the latter from a technical point of view (the Conservation Service being legally provided by Davensi), within which Digital Assets are held and from which the User can carry out Operations on the Digital Assets they hold. The User has as many Wallets as the type of Digital Assets he holds (see one Wallet per type of Digital Asset).

• External wallet: designates an application (or wallet), made available by a third party to Davensi, within which Digital Assets are held, and over which Davensi has no visibility and exercises no control.

• Price (of a Digital Asset): designates the value of a Digital Asset A, expressed in euros, in another fiat currency or in the value of another Digital Asset B, as set by the Platform based on the supply and demand of its own users (i.e. its order book) and more generally according to supply and demand on all digital asset exchange platforms (see on the “market” of Digital Assets), and updated almost in real time. Thus, by default, the Platform can’t indicate in advance the Price of a Digital Asset nor guarantee the future Price of a Digital Asset nor the stability of this Price over time. The Price of a Digital Asset at a given time is indicated on the Site, but this indication does not prejudge the Price of said Digital Asset when carrying out a Transaction.

• Services: designates all the services offered to Users via the Site, and as defined in the article “Description of Services”. The Services are an integral part of the Site.

• Simplex: designates the third-party and independent company from Davensi which offers Users to carry out Purchase and Sale Operations of digital Assets (see operations involving receiving/distributing sums in Fiat Currency in exchange for Digital Assets) . Davensi is not the agent or franchisee of Simplex.

2. Purpose

Davensi has developed the Site in order to present the Services it offers and in particular to make available to Users, via its interface, the Aplo Digital Assets exchange platform, referred to as the Davensi Platform.

The Site also aims to offer Investment Services, as part of the digital asset portfolio management service. The Investment Services consist of the design and provision of investment strategies executed on the Exchange Platform, in accordance with the Management Mandate concluded between Davensi and its Users.

The Site also provides Users with information allowing them to discover Davensi’s activity, its news (events, publications, etc.) as well as tutorials aimed at guiding them in using the Site. It also offers functionalities and/or information allowing Users to contact Davensi.

The purpose of these General Terms and Conditions is to define the conditions of access to the Site, as well as the conditions of use of it and the online content offered there as well as its functionalities. The purpose of these T&Cs is also to govern the provision of Services to the User in return for compliance by the User with the obligations and guarantees stipulated in these T&Cs.

It is specified that these General Terms and Conditions and the Management Mandate, where applicable, are the only contractual documents enforceable against Davensi, to the exclusion of any other document (prospectus, summary information document, video media, presentation of the Services, information on Digital Assets, etc.) which have only an indicative and non-contractual value, and to the exclusion of any other possible conditions of service, sale or purchase of the User which cannot in any way be be enforceable against Davensi.

3. Terms of acceptance and opposability of the T&Cs

Any User who accesses the Site is required to read and is bound by these T&Cs, accessible and downloadable via the “General Conditions” section appearing on all pages of the Site, and must respect their terms.

The General Terms and Conditions may also be communicated by the company by email or by paper mail upon simple request from the User to contact@davensi.com.

These T&Cs are formally accepted by the User when creating their Personal Space. Davensi reserves the right to adapt or modify these T&Cs at any time and without notice. Any new version posted online takes precedence over and replaces any previous version, in particular printed or recorded in digital or paper format by the User. The User is therefore required to regularly consult and read these T&Cs. The applicable version of the T&Cs is the one accessible online during the period of visit and use of the Site by the User.

In any case, the User who has a Personal Space will be informed of the entry into force of new T&Cs by email to the email address communicated when creating their Personal Space and invited to do so. Carrying out Operations and/or connecting to your Personal Space and/or using the Site and/or the Services (even if it is only a simple consultation) constitutes acceptance of the T&Cs in force. Also, for each Operation carried out or each Service used, the General Terms and Conditions in force on the date of completion of said Operation or use of said Service are applicable to the User. It is recommended that the User save the T&Cs in force on the day of use of each Service and/or completion of each Operation, notwithstanding the archiving rules implemented by Davensi.

The User who does not wish to accept the new T&Cs has the possibility of denouncing the T&Cs and deleting their Personal Space, under the conditions provided below herein.

The User declares and acknowledges that he is at least 18 years old and has full legal capacity allowing him to commit to these General Terms and Conditions.

These General Terms and Conditions are concluded for an indefinite period and have no expiry date.

The User acknowledges having read the nature, destination and characteristics of the Site and the Services, as well as the prerequisites necessary for their use, in particular the conditions relating to the creation of a Personal Space. He acknowledges having requested and obtained all the desired information, particularly regarding the characteristics of the Services, allowing him to assess the suitability of the Services to his needs and to conclude the T&Cs with full knowledge of the facts. The User is solely responsible for choosing to use the Site and the Services, as well as to carry out Operations, and Davensi has no responsibility in this regard and cannot be sued in any way in this regard.

In addition, the User is aware that the provision of the Services may be subject to acceptance by the User of any other contractual documentation from one or more third parties, to the extent that the User is required to contract directly with these third party entities. In addition, the provision of the Services is subject to the identification and identity verification measures implemented by Davensi, in accordance with its anti-money laundering and anti-terrorist financing (“MLB-FT”) policy.

The User with an identity document (valid national identity document or passport) issued by a country of the European Union, Switzerland, Finland or the United Kingdom acknowledges that these T&Cs are signed (and therefore accepted) by the latter using the Universign electronic signature solution, allowing the delivery of a digital copy of the electronically signed document to each of the Parties. In this regard, the User expressly accepts and acknowledges that the electronic signature of the T&Cs using the aforementioned Universign solution expresses consent to the conclusion and acceptance of the T&Cs, that these T&Cs are legally binding for the User, and that these electronically signed T&Cs can serve as proof in the same way as a paper document that would be signed handwritten. In this context, the User further accepts that the recordings made by the Universign solution and that the timestamping elements of this solution are admissible in court and provide proof of the data and elements that they materialize (in particular the electronic signature of the User) and/or that they contain.

In the alternative, the proof file backed by the electronic signature may be used for identity verification purposes, particularly within the framework of the “Know Your Customer” or “customer knowledge” (hereinafter “KYC”) obligations of Davensi, as well as to prevent or detect any attempt or action of fraud, corruption, money laundering or terrorist financing in particular, and more generally any potential illicit or fraudulent activity or action.

4. Description of Services

4.1. Services accessible without creating a Personal Space

The home page (https://www.davensi.com/) and certain pages of the Site are accessible to any Internet user. These pages are intended to provide Users with information allowing them to discover Davensi’s activity, its news (events, publications, etc.) as well as tutorials aimed at guiding them in the use of the Site and the Services. The Site also offers functionalities and/or information allowing Users to contact Davensi.

However, certain pages of the Site and certain Services are only accessible to Users who have previously created their Personal Space.

4.2. Services accessible subject to the creation of a Personal Space

The benefit and use of the Services described below require the creation by the User of a Personal Space, in particular in accordance with the stipulations of the article “Creation of a Personal Space” of these T&Cs.

4.2.1. Access and use of a Personal Space

When accessing the Site and after creating their Personal Space in accordance with the stipulations of the article “Creation of a Personal Space”, the User benefits from access to said Personal Space.

The Personal Space allows (i) the updating of part of the User’s information, (ii) the use of the Services accessible subject to the creation of a Personal Space and (iii) secure access to the User’s personal home page, to the market interface (i.e. the Order Book interface), to the User’s Portfolio visualization interface, as well as to the history of the User’s Operations and the volume of Exchange carried out by the User in equivalent Bitcoins over one or more determined periods.

4.2.2. Access and use of Wallets

The User with a Personal Space has Wallets (see a Wallet per type of Digital Asset held) from which he can carry out Transactions on Digital Assets. Each Wallet indicates the value of the Digital Asset held by the User in said Wallet, as well as the corresponding value in Fiat Currency based on the Price of said Digital Asset at a given time.

Each Wallet is assigned an address, represented by a series of alphanumeric characters, or even special characters, generated from the calculation of a public key and a private key. Each address is automatically generated when the Wallet is created, unique and without time limit. It is intended to allow storage and transfer to/from a Digital Asset Wallet. The public key of the address (or Wallet), hereinafter referred to as “Address”, is visible to all users while the private key is confidential and must never be disclosed.

In this regard, it is specified that the User can know the public key associated with each of his Wallets via the Personal Space for the purposes of carrying out certain Operations. On the other hand, the User expressly acknowledges that he does not have access to the private key of his Wallets, and that he therefore does not have “direct” access to his Wallets (and therefore to his Digital Assets). Also, he expressly waives the right to benefit from such access to the extent that he entrusts its security and management to the Exchange Platform or the Davensi Platform, and therefore to Binance France or Aplo, as part of the technically provided Conservation Service by the latter and from which he benefits (see the description of this Conservation Service below in the article “Benefit from the Conservation Service”).

The User’s attention is drawn to the fact that each type of Digital Asset held corresponds to a Wallet and therefore an Address. With some exceptions, a Wallet can only receive or store the type of Digital Asset that corresponds to it. Consequently, depending on the Transactions carried out by a User, the fact for the User of making an error in the Wallet Address concerned, or of using or communicating an incorrect Wallet Address or a wrong Address (for example an existing Address but corresponding to a type of Digital Asset different from the type of Digital Asset actually concerned by the Operation) exposes the User to the loss of the Digital Assets concerned by the Operation in question, without the possibility for Davensi to resolve this problem, for which Davensi cannot be held responsible.

The User is informed that while the majority of types of Digital Assets are accepted on the Site, some may not be. The list of accepted Digital Assets is available on the Davensi Site and may change at any time. It is up to the User to read it regularly.

4.2.3. Benefit of the Conservation Service

A Conservation Service for Digital Assets held within the User’s Wallets as well as the related private/public keys is technically provided by the Exchange Platform, within the framework of portfolio management and investment Services and by the Davensi Platform as part of access to the trading platform operated by Davensi (the two entities acting as sub-custodians), which the User expressly acknowledges and accepts.

However, the Digital Asset Conservation Service is considered to be legally rendered by Davensi, which means that the latter assumes, with regard to the User, responsibility for any direct damage suffered by the latter which would result from the non-compliance by Davensi with its contractual obligations towards the User under the Conservation Service.

With exceptions:

• the creation of a Personal Space and Wallets within this Personal Space automatically implies the User’s benefit from the Conservation Service;
• the Conservation Service is not subject to any fees charged by Davensi or Binance France.

This Custody Service is similar to a position holding service for each User’s Wallet, and is intended to allow the latter to consult their Wallets and in particular the quantity and value of the Digital Assets held in each Wallet.

Davensi cannot be held responsible for any inability for the User to access their Digital Assets which would be linked to one of the cases for which it is indicated in these T&C, in particular in the article “Availability of the Site and Services », that Davensi cannot be held responsible.

Digital Assets subject to Conservation may, at any time, be the subject of Sale, Exchange or Withdrawal Operations under the conditions set out in these T&Cs (in particular on the condition that these Operations are offered for the Digital Assets concerned, i.e. held in the User’s Wallets).

4.2.4. Carrying out Operations

4.2.4.1. Access to a service allowing the carrying out of Purchase Operations (see purchase of Digital Assets using a fiat Currency, also commonly referred to as “fiat / crypto exchange”) or Sale (see sale of Digital Assets against a Fiat Currency, also commonly referred to as a “crypto/fiat exchange”).

The User can, from their Personal Space, carry out Purchase Transactions relating to different Digital Assets in order to fund their Wallet(s). As a reminder, a Purchase Operation is an operation consisting of the possibility for the User to exchange a defined sum of fiat Currency for a quantity of Digital Assets. The Purchase Operation is technically operated by a third-party platform, independent of Davensi, published by Simplex. However, Davensi assumes, with regard to the User, responsibility for any direct damage suffered by the latter which would result from the non-compliance by Simplex with its contractual obligations towards the User under the service of Purchase Operations proposed by the latter. As a preliminary point, it is specified that to the extent that the Purchase Operations that can be carried out from the Personal Space via Simplex are intended to supply the User’s Wallet(s), then only the types of Digital Assets offered on the Davensi Site may be purchased for this purpose.

The User can also, from their Personal Space, carry out Sales Transactions relating to different Digital Assets held in their Wallet(s). As a reminder, a Sales Transaction is an operation by which the User exchanges a defined quantity of Digital Assets for a defined sum of Fiat Currency. The Sales Operation is technically operated by a third-party platform, independent of Davensi, published by Simplex. However, Davensi assumes, with regard to the User, responsibility for any direct damage suffered by the latter which would result from the non-compliance by Simplex with its contractual obligations towards the User under the service of Sales Operations proposed by the latter.

Purchase and Sale Transactions are subject to the general conditions of use of Simplex, accessible in particular at the following URL: https://www.simplex.com/terms-of-use and in any case, in principle, on the Simplex website.

The Fiat Currencies and payment methods that may be used are those offered by Simplex at the latter’s discretion, and neither Simplex nor Davensi can be held responsible for Simplex’s refusal to offer/accept certain Fiat Currencies or to offer/ accept certain means of payment for carrying out Sales or Purchase Transactions.

The User who wishes to carry out Purchase or Sale Transactions must follow the process proposed on the Site, and must first, in particular:

• verify that the service offered corresponds to its needs (in particular with regard to the typology and operation of the services offered, the types of Digital Assets that may be the subject of a Purchase or Sale Operation, the means of payment accepted by Simplex, the contractual conditions of the services offered, the exchange rates and the amount of commissions associated with the services, etc. which are exclusively determined by Simplex and over which neither Davensi nor Binance France has control), which it guarantees Davensi; And
  
• accept the Simplex general conditions of use; And
  
• communicate to Simplex, in addition to the other information required by Simplex in particular in the general conditions of use of its services:
  • as part of a Purchase Transaction, the Address of the Wallet to which the User wishes their Digital Assets thus purchased to be deposited;
  • as part of a Sale Transaction, the Address of the Wallet from which the User wishes their Digital Assets thus sold to be withdrawn.

Once the Purchase or Sale Transaction has been carried out by Simplex, the deposit/withdrawal of Digital Assets to/from the concerned Wallet(s) is carried out in accordance with the instructions given by Simplex, at resulting from a reasonable processing and management time, it being specified that Davensi cannot be held responsible for:

• an error that would be committed by the User, for example in communicating to Simplex the Address of the Wallet concerned by the Purchase or Sale Transaction (e.g.: Wrong Address or Address which corresponds to a type of Digital Asset different from the type of Digital Asset concerned by the Operation), the User recognizing that such an error, particularly in the context of a Purchase Operation, may result in the loss of the Digital Assets thus purchased, without the possibility of Davensi to resolve this problem and without the possibility for the User to engage Davensi’s liability in this regard;
• of the Purchase by the User of a type of Digital Asset not accepted on the Site, the User recognizing that he is then exposed to the loss of the Digital Assets thus purchased, without the possibility for the User to hold Davensi liable in this respect.

In the event that an intervention by Davensi would be possible to attempt to recover said Digital Assets, and generally in the event of intervention requested by the User from Davensi in this context, Intervention Fees would be owed by the User to Davensi in accordance with the stipulations provided for in the article “Financial Conditions”, and whether or not the intervention has made it possible to resolve the User’s request.

Davensi cannot under any circumstances be held responsible for the consequences:

• in the context of a Purchase Transaction, the time limit for sending the purchased Digital Assets to the User’s Wallet or receiving said Digital Assets in this Wallet;
• in the context of a Sales Transaction, the time for sending funds (see Fiat currency) to the User’s bank account or the time for receipt of said funds in this bank account.

The User’s attention is drawn to the fact that not all Digital Assets and all Fiat Currencies are eligible for such Operations via the Simplex platform, and that such eligibility, which may be subject to fluctuate, depends solely on Simplex and not on Davensi, which implies that the User:

• cannot necessarily carry out Purchase Transactions using the Fiat Currencies at its disposal;
• cannot necessarily proceed with the Purchase of all types of Digital Assets that it would like to obtain in return for a Fiat Currency;
• cannot necessarily proceed with the Sale of all types of Digital Assets that it holds in its Wallets;
• cannot necessarily carry out Sales Transactions against the Fiat Currencies that it would like to obtain in return for its Digital Assets.

Likewise, Purchase or Sale Operations may be subject by Simplex to minimum or maximum Limits, or to Ceilings, which in certain cases may therefore prevent the User from carrying out certain Operations.

The User expressly accepts these risks and acknowledges that Davensi cannot be held liable in this regard, particularly in the event that the User is unable to carry out a Sale Operation of certain of these Digital Assets, for example due to refusal by Simplex of certain Digital Assets or even of Minimum Limits which could be set by the latter (see so-called “liquidity” risk).

The User’s attention is also drawn to the fact that Purchase and Sale Transactions are subject to an exchange rate and fees or commissions set exclusively by Simplex, which results in the following:

• in the event of a Purchase Transaction, the value of the Digital Assets actually transferred and deposited in the User’s Wallet is necessarily lower than the equivalent in Fiat Currency actually paid by the User to Simplex;
• in the event of a Sale Transaction, the amount in Fiat Currency obtained by the User from Simplex is necessarily lower than the equivalent in Digital Assets actually withdrawn from their Wallet;

which the User expressly accepts, it being specified that it is up to him to read the financial conditions of Purchase and Sale proposed by Simplex before proceeding with such an Operation and that he recognizes that Davensi’s liability cannot be committed in this regard, in any way.

Finally, the User undertakes not to attempt to carry out a Sale Transaction which would involve a value of Digital Assets greater than that which he actually holds in the Wallet concerned by the Sale

4.2.4.2. Exchange Operations (see also commonly referred to as “crypto/crypto exchanges”)

The User can carry out Exchange Transactions relating to different Digital Assets as they are offered on the Site and under the conditions set out in these T&Cs. These Exchange Operations are operated by the Davensi Platform and require as a prerequisite that the User has at least one Wallet already stocked with Digital Assets, whether by means of a prior Purchase Operation or of Deposit.

Carrying out an Exchange Transaction involves the following steps:

• issuance by the User of an offer to buy or sell (hereinafter referred to as an “Order”). This Order must be expressed in the quantity of a type of Digital Asset that it wishes to offer for exchange (see “sell”) and in the quantity of a type of Digital Asset that it wishes to obtain in exchange ( see “buy”). The Price of the Digital Assets concerned by the Exchange Operation as well as the Fees on the associated Exchange Operations are displayed to the User before validation of their Order, it being specified that the Fees on the Exchange Operations are based on a variety of criteria specified in the “Prices” section https://davensi.com/ such as the quality of Taker / Maker, the volume of activity or exchange in Bitcoin equivalent over a given period or even the type of Digital Asset subject to the Transaction;
• updating the User’s Personal Space and Wallet to include the Order being executed;
• inclusion of the Order being executed in the Order Book of the Davensi Platform;
• if an Order being executed fully or partially corresponds to the Order of another user of the Davensi Platform (whether or not a User), an Exchange Transaction will be executed;
• updating the User’s Personal Space and Wallet to include the total or partial execution of the Order.

A User may only offer for exchange types of Digital Assets that they hold in their Wallets (provided that these Digital Assets are accepted on the Site), and only within the limit, for each type of Digital Asset , of the value of said Digital Asset held in the relevant Wallet.

The User has several options regarding the Order he wishes to issue:

• the User can opt to place a “Maker” order, i.e. for a so-called “limit” value. In this case, the User himself sets, for a type of Digital Asset to be exchanged for another type of Digital Asset, the quantity and Price per unit that he wishes to offer for exchange (see ” sell”) or obtain in exchange (see “buy”) as soon as the limit it has set has been reached by the market (as long as the so-called “limit” value is not reached, the Order cannot be executed and may never even be executed if the so-called “limit” value which was set by the User does not fall within “reasonable” or “consistent” limits with regard to the market). The User is informed that the “Maker” option is particularly aimed at Users accustomed to this type of Operations;
• the User can opt to place a “Taker” order, i.e. at the so-called “market” value. In this case, the User selects the type of Digital Asset he wishes to offer for exchange (see “sell”) and the amount he wishes to exchange as well as the type of Digital Asset he wishes to obtain in exchange (see “buy”). This exchange will be carried out at the price set by the market, that is to say fixed at a given time according to the free play of supply and demand, subject to sufficient liquidity, that is to say subject to that there are sufficient buy and/or sell offers in the Order Book to execute the User’s Order (if there are few buy and/or sell offers, no Order can be executed due to lack of sufficient offers in the Order Book to respond). The User who wishes to carry out a “Taker” Exchange Transaction is informed that, given the particularly high volatility of Digital Assets, their Price may vary at any time. Also, the User acknowledges that the Price displayed to the User when placing his Order may be different from that actually used at the time of execution of the Order, to the extent that this Price depends on the market (see explanations above).
• The User can opt to place a “Stop-limit” order, i.e. a limited order once a specified price has been reached. In this case, the User can define the minimum price that he wishes to offer in exchange (see “sell”) or obtain in exchange (see “buy”) or the maximum price that he is willing to give up for an order. In a “Stop-limit” order, the “Stop” price is the trigger price for the Davensi Platform to place a “Limit” order. The “Limit” price is the price at which the user’s order will be placed. The User has the possibility to customize the limit price, which is generally set higher than the stop price for a buy order and lower for a sell order. This difference makes it possible to take into account variations in market prices between the moment when the “Stop” price is triggered and when the “Limit” order is placed. The User is informed that the “Stop-limit” option is particularly aimed at Users knowledgeable about this type of Operations.
• The User can opt to place a “One-cancels-the-other” order, i.e. the combination of a “Stop Limit” order and a “Limit” order (see section 4.2). explanations above) with the same order quantity. Both orders must be either buy or sell. If the User cancels one of the orders, the entire “One-cancels-the-other” order pair is canceled. Also, the User is informed that the “One-cancels-the-other” option is particularly aimed at Users experienced in this type of Operations.

A partially executed Order remains in execution until it is fully executed or canceled under the conditions provided for in the stipulations below.

An Order can only be canceled by the User while it is still being executed (i.e. before matching the Order of another user). Once an Order has been executed, this Order can no longer be modified, revoked or canceled. Any unexecuted portion of an Order (i.e., currently executing) may be canceled until such Order has been matched with another user’s Order.

If the User does not have a sufficient quantity of Digital Assets in his Wallet for the execution of an Order issued by him, the entire Order will be canceled or only partially executed taking into account the Digital Assets actually present in the User’s Wallet, and Intervention Fees will be levied/invoiced to the User in accordance with the stipulations provided for in the article “Financial Conditions”.

In all cases, the Fees linked to the Exchange Transaction will be deducted under the conditions provided for in the “Financial Conditions” article of these T&Cs.

The history of Exchanges carried out by the User is available on their Personal Space after a reasonable processing and management time.

The User’s attention is drawn to the fact:

• that in the absence of sufficient offers on the market / in the Order Book, certain Orders may not be able to be executed;
• Exchange Transactions may be subject to minimum or maximum Limits, or Ceilings, which in certain cases may therefore prevent the User from carrying out certain Transactions.

The User expressly accepts these risks and acknowledges that Davensi cannot be held liable in this respect.

4.2.4.3. Digital Asset Custody Operations

The User may carry out Deposit Operations on his/her Digital Asset Wallet(s) provided that the Digital Assets concerned are accepted on the Site and under the conditions set out in these T&Cs.

Except for exceptions, the Deposit of Digital Assets on the User’s Wallet is not subject to any fees charged by Davensi through the Platform, it being specified, however, that the User or any other person at the origin of the transfer of Digital Assets to its Wallet will have had to pay the costs associated with the recording of said transfer on the Blockchain concerned.

The User undertakes to receive in his Wallet, via a Deposit Operation, only Digital Assets acquired by him legally, of which he is the full owner and of which he has full disposal, and which do not come from fraudulent or illicit activity (e.g. money laundering, financing of terrorism or illicit or illegal activities, etc.). In all cases, Davensi will not be responsible for the actions of the User in connection with the Digital Assets deposited, in particular with regard to the methods of obtaining or using said Digital Assets by the User.

Davensi cannot be held responsible for:

• an error that would be committed by the User, for example in the communication or use of the Wallet Address to be used for carrying out the Operation (e.g.: Wrong Address or Address that corresponds to a type of Digital Asset different from the type of Digital Asset concerned by the Operation), the User recognizing that such an error may result in the loss of the Digital Assets subject to the Deposit Operation, without the possibility for Davensi to resolve this problem and without possibility for the User to engage Davensi’s liability in this respect;
• of the Deposit by the User of a type of Digital Asset not accepted on the Site, the User recognizing that he is then exposed to the loss of the Digital Assets subject to the Deposit Operation, without possibility for the User to engage the responsibility of Davensi in this respect.

In the event that an intervention by Davensi would be possible to attempt to recover said Digital Assets, and generally in the event of intervention requested by the User from Davensi in this context, intervention Fees would be due by the User in accordance with to the stipulations provided for in the article “Financial conditions”, and whether or not the intervention has made it possible to resolve the User’s request.

Furthermore, Deposit Operations may be subject to minimum or maximum Limits, or Ceilings, which in certain cases may therefore prevent the User from carrying out certain Operations, which the latter accepts, with the responsibility of Davensi which cannot be engaged in this capacity.

Davensi cannot, under any circumstances, be responsible for the delay in transferring Digital Assets to the User’s Wallet or receiving said Digital Assets in this Wallet.

Upon receipt of the Digital Assets transferred to a User’s Wallet, this transfer may be blocked temporarily or permanently, particularly in the event of suspicion of fraudulent or illicit activities, and the communication of additional information or documents may be requested. before validation of the Deposit Operation (example: nature of the Wallet or External Wallet from which the transfer was made, name of the person or entity owning the Wallet or External Wallet from which the transfer was made , etc.). The User authorizes Davensi in any case to carry out the necessary investigations and verifications directly or through a third party to ensure the identity of the User or the person at the origin of the deposit, in particular and more generally for the purposes of preventing and combating illicit or fraudulent activities. In this case, Intervention Fees will be levied/invoiced to the User in accordance with the stipulations provided for in the “Financial Conditions” article.

Once the Deposit Operation has been validated, the deposited Digital Assets will be added to the User’s Wallet after a reasonable processing and management period.

4.2.4.4. Digital Asset Withdrawal Operations

The User may carry out Withdrawal Transactions from Digital Assets held in his/her Wallet(s) and under the conditions set out in these T&Cs.

In order to carry out a Withdrawal Transaction, the User must indicate the type of Digital Asset that he wishes to withdraw, the Address of the Wallet or External Wallet to which he wishes to transfer the withdrawn Digital Assets as well as the amount of the Withdrawal, meaning the quantity of said Digital Asset that the User wishes to withdraw in order to make a transfer to a Wallet or to an external Wallet.

Each Withdrawal Transaction entails the levying of Withdrawal Fees in order to cover the transaction costs linked to the transfer of the Digital Assets out of the Wallet, under the conditions provided for in the article “Financial Conditions” of these T&Cs. These Withdrawal Fees result from the costs of validating transactions on the relevant Blockchain which can fluctuate greatly depending on different parameters (for example, due to network congestion). The User is required to pay the applicable Withdrawal Fees prior to any Withdrawal Transaction.

The amount actually transferred to the Wallet or to the external Wallet concerned corresponds to the Withdrawal amount indicated by the User (see amount withdrawn from the User’s Wallet) less the Withdrawal Fees.

The User cannot withdraw an amount greater than the quantity of Digital Assets present in the Wallet concerned by the Withdrawal. Furthermore, he refrains from attempting to do so.

Furthermore, Withdrawal Operations may be subject to minimum or maximum Limits, or Ceilings, which in certain cases may therefore prevent the User from carrying out certain Operations, which the latter accepts, without the responsibility of Davensi cannot be engaged in this capacity.

The carrying out of a Withdrawal Operation may be blocked temporarily or permanently, in particular in the event of suspicion of fraudulent or illicit activities, as well as requesting the communication of additional information or documents before validating said Operation (example: nature of the Wallet or External Wallet to which the transfer is made, name of the person or entity owning the Wallet or External Wallet to which the transfer is made, etc.). The User authorizes in any case Davensi to carry out the necessary investigations and verifications directly or through a third party to ensure the identity of the User or the person at the origin of the Withdrawal or intended to benefit from the Withdrawal in particular and more generally for the purposes of prevention and fight against illicit or fraudulent activities. In this case, Intervention Fees will be levied/invoiced to the User in accordance with the stipulations provided for in the “Financial Conditions” article.

Furthermore, any Withdrawal Operation in progress can be canceled by the User only as long as he has not validated the Withdrawal, that is to say as long as he has not carried out the transfer of the relevant Digital Assets to an external Wallet. The User is required to validate the Withdrawal within the time limit indicated on the Withdrawal page, failing which the Withdrawal will be canceled. Any subsequent Withdrawal attempts will then be subject to new Withdrawal Fees. Indeed, in the event of cancellation of the Withdrawal Operation for any reason whatsoever, the User is informed that the Withdrawal Fees applicable to said Withdrawal are in no way guaranteed and are likely to change without delay.

Any Withdrawal Operation not validated within the time limit indicated by the Site cannot be effectively carried out and will therefore be canceled in its entirety. Any error (e.g. Address of the Wallet or the external Wallet to which the User wishes to transfer the withdrawn Digital Assets is incorrect or which corresponds to a type of Digital Asset different from the type of Digital Asset concerned by the Operation) or any non-compliance with the instructions communicated, in particular within these T&Cs or on the Site (e.g.: Withdrawal amount greater than the quantity of said Digital Asset present in the Wallet from which the Withdrawal is made, Withdrawal amount not respecting the Minimum Limits , Maximum Limits or a Ceiling, etc.) is likely to give rise to the cancellation of the Operation and to Intervention Fees which will be levied/invoiced to the User in accordance with the stipulations provided for in the article “Financial Conditions”.

The User is solely responsible for the proper communication of (i) the Address of the Wallet or the external Wallet to which he wishes to transfer the withdrawn Digital Assets and (ii) the choice of the correct Blockchain to carry out said Withdrawal.

Davensi cannot be held responsible for any error committed by the User, for example in the communication or use of the Wallet Address to be used for carrying out the Operation (e.g.: Wrong Address or Address which would correspond to a type of Digital Asset different from the type of Digital Asset concerned by the Operation), the User recognizing that such an error may result in the loss of the Digital Assets subject to the Withdrawal Operation, without the possibility of Davensi to resolve this problem and without the possibility for the User to engage Davensi’s liability in this regard.

In the event that an intervention by Davensi would be possible to attempt to recover said Digital Assets, and generally in the event of intervention requested by the User from Davensi in this context, Intervention Fees would be owed by the User to Davensi in accordance with the stipulations provided for in the article “Financial Conditions”, and whether or not the intervention has made it possible to resolve the User’s request.

Upon validation of the Withdrawal by the User, the quantity of Digital Assets corresponding to the amount of the Withdrawal is immediately withdrawn from the User’s Wallet and this amount, after deduction of the Withdrawal Fees, is transferred to the Wallet or external Wallet of which the Address was provided by the User, within a reasonable processing and management time which does not depend on Davensi but on the operation of the Blockchain concerned (e.g. network congestion, applicable verification measures, etc.). Davensi cannot under any circumstances be responsible for the delay in transferring Digital Assets to the concerned Wallet or External Wallet or for the delay in receiving said Digital Assets on this Wallet or external Wallet. Once the Withdrawal has been validated by the User and the Withdrawal amount withdrawn from the User’s Wallet, the Withdrawal is considered to have actually been carried out.

The history of Withdrawals made by the User is available on their Personal Space after a reasonable processing and management time.

4.2.5. Creating an API

The User can, from their Personal Space and through the Exchange Platform, create an API to allow third-party sites or third-party applications (such as aggregators or remote control solutions) to access in real time to their Personal Space and to certain Services, depending on the configuration choices made by the User when creating their API (e.g. read-only or consultation access, write access, access to specific Services or functionality of a Service, etc.). The creation of an API entails the creation of API Keys that the User must communicate to the third-party site or third-party application to which they wish to grant access to their Personal Space and certain Services. These API Keys will ensure the identification and authentication of the request issued by third-party sites or third-party applications to access the Personal Space and therefore the Services, and must therefore necessarily be included in the requests issued by said sites, third parties or third party applications for such access.

API Keys are generated by the Davensi Platform in the event of a request by the User to create an API.

The User is solely responsible for preserving the confidentiality of his API Keys which are strictly personal to him, and undertakes to take all useful measures to ensure this perfect confidentiality. The use of the User’s API Keys to connect and access their Personal Space and the Services and, where applicable, carry out actions or operations (including Operations) is, between the Parties, attributable to the User ( i) accesses, actions and operations carried out, (ii) any use of the Site and Services carried out through said API Keys and (iii) any fact or act relating thereto.

The User is also informed that the connection to his Personal Space or to the Services using his API Keys constitutes between the Parties proof of the identification and authentication of the User. Connections via the API to the Personal Space, to the Exchange Platform and more generally to the Services, as well as the actions and operations thus carried out (e.g. use of the Services, carrying out Operations, etc.) are deemed be carried out by the User as if he had connected using his Identifiers.

In the event of loss or theft of their API Keys, or in the event of unauthorized access to their API, the User will immediately and without delay inform Davensi by email at the following address: contact@davensi.com and will follow the instructions which may be communicated to it by the company, in particular in order to delete its API Keys and/or lock access to its API, or even delete said API Keys. Davensi cannot be held responsible in the absence of information to its attention from the User or in the event of the User’s failure to follow the instructions which will be communicated to them.

Furthermore, when creating an API, the User is required to define the rights granted to said API, and in particular to define whether he grants the API:

• read-only rights, in order to allow simple viewing of the User’s Personal Space and the Wallets and Digital Assets held by the User; Or
  
• read-write rights, in order to allow the use of certain Services and the performance of certain Operations, depending on the configuration and settings made by the User.

The User is solely responsible for the choice to create an API, the choices made when configuring the API, and in particular the choices made relating to the rights granted to third-party sites or third-party applications, as well as the choice to use third-party sites. or third-party applications (and the choice of said sites and applications) and to communicate its API Keys to them, such that Davensi cannot be held responsible in any way in this regard.

In addition, it is specified that third-party sites or third-party applications referenced on the Site constitute solutions offered by third-party entities to Davensi and are independent of the latter. Also, when the User decides to use such a site or application, and to give it access to his Personal Space and certain Services via an API, Davensi is not party to the relationship concluded between the User and said third party entities, and cannot be held liable in this regard. The User is required to accept and comply with the contractual conditions of said third party entities (in particular their general conditions of use and their financial conditions, it being specified that the use of the services, sites, applications, etc. offered by these third-party entities may be paying for the User, under conditions and according to methods defined by these entities and under their sole responsibility). Davensi is not the agent or franchisee of the aforementioned third party entities.

In the event of referencing a third-party site or a third-party application on the Site, Davensi limits itself to connecting Users with said site or said application, and is likely to receive remuneration in this respect from said entities third parties.

4.2.6. Using the Launchpad Service

Davensi provides a Launchpad service through which:

• a company seeking to raise funds (hereinafter an “ICO Project Owner”) can manage and launch an ICO (or Initial Coin Offering) and;
• Users wishing to participate can take part in the show (hereinafter “Participants”).

Participants and ICO Project Owners are considered Launchpad Users for the purposes of these T&Cs.

An ICO is an innovative fundraising process used by companies (ICO Project Owners) who seek to raise funds through the issuance of a new token that will have utility in an application or to use services. Depending on the specific conditions of this ICO, as defined by the ICO Project Owner, Participants will be able, through the Launchpad, to acquire tokens as part of their issuance and receive utility tokens issued by the ICO Project Owner. For example, this token may have some utility in the use of products or services that the ICO Project Owner offers or intends to offer.

Through the site, Davensi provides ICO Project Owners:

• a dedicated management space allowing them to present their ICO;
• a subscription tool allowing Participants to participate in such an ICO;
• a KYC onboarding service in partnership with a third party entity.

The launch of an ICO through the Launchpad is subject to the acceptance by the ICO Project Owners of specific additional conditions, to the payment by these ICO Project Owners of an amount in traditional currency and/or of an amount in Digital Assets to Davensi as well as the communication of specific documents/information, as defined in these additional conditions.

Davensi is not responsible for the success or failure of any ICOs presented through Launchpad.

Davensi does not provide any kind of guarantee to ICO Project Owners or Participants regarding the ICO presented on the Launchpad. Davensi does not carry out any prior verification on the ICO Project Owners, the ICO or the Participants and provides no guarantee as to the reliability or seriousness of the ICO Project Owners, the ICO or the Participants. Davensi is not responsible for the publication or withdrawal of an ICO presented via the Launchpad, this publication or withdrawal depending solely on the ICO Project Owners. Davensi is not the agent or franchisee of the ICO Project Owners.

Furthermore, Participants are informed and acknowledge that they will be required, for each ICO in which they wish to participate, to agree to specific terms and conditions that will apply to them and will detail what Participants receive in exchange for their participation. These conditions will be drawn up by the ICO Project Owners and duly uploaded to the Launchpad via their dedicated management space. Davensi only provides a space where ICO Project Owners and Participants can interact but does not intervene in the relationship between the ICO Project Owner and the Participants. Davensi is not responsible for the content published by ICO Project Owners on the Launchpad or elsewhere.

4.2.7. Portfolio management service

Davensi operates a Digital Asset portfolio management service on behalf of third parties. Davensi offers investment strategies on the Site (some of which are developed by Algo Alto, a majority shareholder of Davensi specializing in investment research and development, and made available under a license agreement) in order to execute them on behalf of its clients on the Exchange Platform.

Davensi offers various investment strategies, such as DCA, copy or social trading and the aforementioned investment strategies.

Clients will enter into a management mandate with Davensi and may terminate this mandate upon simple request.

The Davensi platform will allow clients to monitor the evolution of their portfolios with automated reporting. Secure access will allow them to consult the state of their portfolios, know current and past performance, as well as details of invested positions. A portfolio statement editor will also allow them access to an annual tax statement, thanks to the intervention of the service provider ComptaCrypto.

Davensi will benefit from the algorithmic tools for managing Digital Asset portfolios, developed by Algo Alto, and will make it possible to execute investment strategies on Platforms, process and control risk management, generate management reports, portfolio statements and fee statements.

4.3. New Services

Davensi may expand its range of Services by including new services on the Site, whether these services are accessible to any User or only through the User’s Personal Space. These new services are deemed to be an integral part of the Services as defined in the “Definitions” article herein and will be governed by these T&Cs. Unless otherwise indicated, the new Services may be used by the User from their effective availability on the Site, subject, when necessary, to the prior creation by the User of a Space Staff.

4.4. Evolution of Services

Davensi may, at any time and without notice, modify, complete, develop, improve or adapt the Site and the Services, and more generally the services or services offered, with a view to improving the functionalities offered on the Site or in the framework of Services. This may include the deployment of update(s), new version(s), or even adjustments or modifications to existing functionalities. The User must, where applicable and as far as possible, ensure that their IT resources are adapted to changes to the Site and Services in order to benefit from them in the best possible conditions.

Furthermore, Davensi may supplement or modify, at any time and without notice, the Site, the content of the Site and the Services available there, depending in particular on the evolution of technologies. The User must, where applicable, ensure that their IT resources are adapted to changes to the Site and Services.

Furthermore, it is also specified that, to the extent that certain developments, updates, new versions, modifications, etc. may be deployed in particular with the objective of continuity of operation of the Site and Services, the User will not be able to refuse developments, updates, new versions or modifications deployed by Davensi.

In addition to the possibility for Davensi to make certain changes to the functionalities offered on the Site or as part of the Services, the latter may also be required, at any time and without notice, to delete certain Services. In the event of permanent deletion of one or more existing Service(s), Davensi will make its best efforts to notify Users of this development with reasonable notice and provide them with alternative solutions (e.g. alternative operations, transfers to a service third parties, etc.).

In the event of permanent deletion of all Services, Davensi or the User may terminate them under the conditions and procedures provided for in the article “Denunciation - termination”.

4.5. Assistance

Davensi provides technical support to provide information or assistance to Users relating to the technical aspects and functionalities of the Site and Services.

The User remains the sole master of his choices and in particular of the choice to use the Services. In particular, technical support does not support requests relating to the advisability of using the Services and cannot provide financial or strategic advice of any kind.

This support is accessible by instant messaging on the Site, 7 days a week and 24 hours a day. Davensi will make its best efforts to respond to the User’s request as quickly and appropriately as possible. However, Davensi makes no commitment whatsoever on any response time, nor on the relevance or completeness of the content of the response, nor on the fact that the response provided will effectively resolve the User’s request nor to provide a solution.

Furthermore, Davensi does not provide any advice regarding the use of the Services and more broadly the carrying out of Operations/transactions involving Digital Assets. No information provided by Davensi should be construed as investment advice, financial advice, strategic advice, business advice, or any other type of advice.

Except in the case of Management Mandates and DCA strategies, Exchange Transactions are carried out solely on the basis of the instructions communicated by the User, Davensi never verifying their relevance, interest or quality.

Thus, as a reminder, the User is solely responsible for determining whether a transaction, a transaction strategy or a commercial strategy or the carrying out of an Operation is adequate or appropriate according to his personal objectives, his financial situation and his risk tolerance, and the User will be solely responsible for any partial or total loss or damage, harm or even liability arising therefrom.

As with any asset, the value of Digital Assets can fluctuate significantly and there is a significant risk of economic and financial loss when buying, selling, holding or investing in Digital Assets. Davensi has no influence on the fluctuation in the value of the Digital Assets and past performance of the Digital Assets is not indicative of future performance. The User must therefore ask themselves whether the purchase/sale or holding of Digital Assets is suitable for them, taking into account their financial situation. The User is invited to consult professionals specializing in financial, legal or tax advice before carrying out a Transaction involving Digital Assets.

5. Terms of use of the Site and Services

5.1. Access to the Site and Services

The User must equip themselves with appropriate telecommunications means allowing them to access the Site, their Personal Space and the Services. The User will be responsible for the technical access to the Internet allowing him to access the Site and benefit from the Services, and in particular the subscription to the electronic communications subscriptions necessary for these purposes, the related costs not being payable at Davensi’s charge. More generally, all costs relating to access to the Site and the Services, whether hardware, software or internet access costs, are exclusively the responsibility of the User and the User is solely responsible for proper functioning. of its computer equipment as well as its access to the Internet (and the effectiveness, efficiency and speed of such access).

The User undertakes to use the functionalities of the Site, the Services as well as all the content to which he may have access only for purposes that comply with the regulations in force, and in particular public order, good morals and the rights of third parties. Davensi cannot be held responsible for the User’s use of the Site and Services in the event of contravention of the provisions applicable to said User.

Furthermore, the User acknowledges that it is his responsibility to use the Site and the Services in good faith and not to harm the brand image, reputation or notoriety of Davensi or its partners (for example Binance France, Aplo or Simplex) in any way whatsoever.

5.2. Content quality

The content (such as information, elements, documents in any form whatsoever, in particular texts, figures, images, etc.) provided and/or distributed on the Site are for information purposes only. Indeed, despite the care taken in developing and updating the Site, the content contained therein is provided “as is”, as generic information and Davensi cannot therefore guarantee its accuracy, timeliness, relevance, or completeness, nor their suitability to the User’s needs.

Also, the content appearing on the Site must not be considered authoritative, nor replace the personal judgment of the User, and cannot constitute the sole basis for any decision-making by the latter.

If the User notices the presence of content that is inaccurate or likely to infringe the rights of a third party or violate a regulatory or legislative provision, he or she is invited to report it by email by writing to contact@davensi.com.

5.3. Link

Users cannot establish a link (including redirections) to the Site without the express prior authorization of Davensi. Such an authorization request must be sent by email to the address contact@davensi.com . Under no circumstances can this authorization be qualified as an implicit affiliation agreement. In any event, links to the Site must be removed at Davensi’s first request.

Davensi reserves the right to set up links on its Site giving access to sites, web pages or applications other than those of the Site, as well as to redirect the User to other sites, web pages or applications. Users are formally informed that the sites, web pages or applications to which they can access via these links do not belong to Davensi, which also reserves the right to delete said links offered by its Site to an application or a third party site if it becomes contrary to current regulations or its values. Davensi cannot be responsible for access by Users via links set up on the Site to third-party sites or other resources present on the Internet, nor for the content of the information provided by these third-party sites or other resources. for the activation of said links.

5.4. Availability of the Site and Services

Davensi strives to provide a quality service and to allow the User to use the Site and the Services in the best possible conditions. Thus, the Site and the Services are in principle available 7 days a week, 24 hours a day. However, Davensi is not bound in this respect by an obligation of result but only by an obligation of means, and does not guarantee the availability, optimal functioning or speed of the Site or the Services, nor their permanent and continuous accessibility.

Indeed, the User is informed and accepts that access to the Site and/or Services may be delayed, altered, prevented or interrupted due to, in particular:

• technical hazards inherent to the Internet and access interruptions that may result therefrom, in particular fluctuations in bandwidth and the hazards of the Internet access provider and/or a host of the User, Davensi, a partner of the latter (including Binance France, Simplex or even KYC (Know Your Customer) or KYT (Know Your Transactions) service providers);
• a case of force majeure;
• use by the User of the Site or Services which does not comply with the T&Cs or the details and indications that may appear on the Site;
• a problem or difficulty, particularly technical, linked to the operation of a Blockchain;
• unavailability or a hazard regarding access to computer systems, applications, websites or platforms used by Davensi partners (including Binance France, Simplex, Stripe or even KYC service providers (Know Your Customer) or KYT (Know Your Transactions)) or other IT systems, applications, websites or platforms which Davensi and/or its partners may use for the provision of the Services;
• the unavailability or loss by the User of their Credentials to access their Personal Space;
• an illicit, malicious or unfortunate act (including facts resulting from the action of “cybercriminals” or “hackers”, logical or other attacks such as computer viruses, malicious programs, etc.), having as their object or effect an attack on the IT systems, applications, websites or platforms of the User, Davensi, the latter’s partners (including Binance France, Aplo, Simplex or even KYC (Know Your Customer) or KYT service providers (Know Your Transactions)) or platforms which Davensi or its partners may use to provide the Services.

Furthermore, the company reserves the right to close access to all or part of the Site and/or to suspend the execution or provision of all or part of the Services in the event of one of the above hypotheses or also in the event of endangerment or threats to its human resources (e.g.: members of its staff, internal or external consultants or other people - members of staff or internal or external consultants - working for Davensi or for a entity of the group of companies to which Davensi belongs) or on its technical resources of any nature whatsoever.

For scheduled maintenance operations, Davensi will make its best efforts to inform the User in advance. However, the Site may, without notice or compensation, be temporarily closed, and access or functionalities of the Site or Services may be limited in particular to carry out technical or operational or other interventions necessary for their proper functioning (e.g.: operation of tests, maintenance, control, resolution of possible breakdowns, operational modification or change, developments, etc.), an update, the deployment of a new version or any other operation deemed necessary by Davensi or its partners (in this case including Binance France, Aplo, Simplex or even KYC (Know Your Customer) or KYT (Know Your Transactions) service providers, which the User accepts.

Davensi cannot be held liable due to a failure or interruption of the Site and/or Services linked to one of the cases referred to in this article “Availability of the Site and Services”.

5.5. Technical conditions and preservation of the Site and Services

The User declares and acknowledges having the technical competence to use the Site and the Services. In this regard, the User guarantees that he has the knowledge and skills necessary for proper use of the Site and Services, including in particular the Personal Space, allowing him to use the functionalities offered by the Site and through the Services in accordance with the legal and/or regulatory provisions applicable to it.

The User also undertakes to take appropriate measures to ensure the security of their own devices and/or data and/or content and/or software from contamination by possible viruses, malicious codes or any other harmful technologies or logical infections. , and ensures not to introduce such viruses into the Site.

The User undertakes not to undermine the proper functioning of the Site or the Services and not to commit any act that could jeopardize the computer security of the Site or the computer system of other users of the Exchange Platform (whether they are Users or not), from Davensi or a partner of the latter (including Binance France, Simplex or even KYC (Know Your Customer) or KYT (Know Your Transactions) service providers). In particular, the User undertakes not to use devices or software of any kind which would have the effect of disrupting, interfering or interrupting the normal operation of the Site or the Services, or which would impose a disproportionate burden ( in terms of hosting volume, bandwidth, etc.) on the Site.

The User also undertakes not to extract, for commercial or non-expressly authorized purposes, all or part of the information or data present on the Site, as well as not to use a robot, in particular for exploration (crawler or spider), software, an automated system, a script, a program, an application for searching or retrieving websites, or any other means allowing the extraction or indexing of all or part of the content of these applications. Thus, crawling, scraping or screen scraping practices are expressly prohibited.

The content of the Site must under no circumstances be downloaded, collected, copied, altered, deleted, distributed, transmitted, broadcast, rented, sold, licensed, exploited, in whole or in part and in any manner whatsoever, without express, prior and written consent of Davensi.

The Site is an automated data processing system. The same applies to Personal Spaces. The User is prohibited from fraudulently accessing or remaining in all or part of the Site or a Personal Space that is not his/her own. The User is prohibited from using any access method other than the interface made available by Davensi. In the event of discovery of such a method or if the User enters a reserved space (for example in the Personal Space of another User), without right, inadvertently, the latter undertakes to inform without delay Davensi by email to the following address: contact@davensi.com so that it can take the measures that it deems necessary.

Davensi reserves the right to take any action or claim necessary to prevent, stop and sanction any infringement of the Site, the content of the Site, a Personal Space but also the Services, including in the context of legal proceedings, without prior notice.

The User is solely responsible towards Davensi, or the latter’s partners (including Binance France, Aplo, Simplex or even KYC (Know Your Customer) or KYT (Know Your Transactions) service providers) for any damage that may result from access to the Site, its Personal Space as well as the Services, and their use.

Any breach of the stipulations of this article by the User constitutes a serious breach likely to result in the termination without notice of the T&Cs at the sole fault of the User and the definitive prohibition for the User from accessing and using the Site and Services.

5.6. Supervision of the use of the Services

The User must, at all times when using the Site or Services, act in compliance with applicable laws and regulations (in particular with respect to tax and/or social declarations that must be made following the completion of certain Operations and for which he has sole responsibility), as well as in accordance with the indications, information, communications from Davensi as communicated in particular through these T&Cs or on the Site or via the User’s Personal Space. In this respect, it is specified in particular that the User is required to carry out all the steps required for his fiscal (such as for example, but without this clarification being exhaustive, the declaration of his capital gains) and social obligations, and that Davensi does not carry out such actions on behalf of Users.

Furthermore, the User undertakes not to disrupt, negatively affect or prevent the use of the Site or the Services by any other user (whether or not they are a User).

The User is prohibited from carrying out or participating through his use of the Site or the Services in practices having as their object or effect the manipulation of the market (such as wash trading, cross trading, spoof trading, front running, sell wall , dark pool, pump-and-dump, etc.) whether or not these practices are expressly prohibited by applicable laws and regulations.

The User is also prohibited from using or exploiting the Site or the Services to carry out or participate in money laundering operations, pyramid selling or any other risky or illegal operation.

Furthermore, any commercial use and/or exploitation of data, in particular market data, obtained or accessed or made available through the Site and/or the Services is prohibited, as is any copy, aspiration, extraction , etc. of said data.

The User gives Davensi and its partners (including Binance France, Simplex or even KYC (Know Your Customer) or KYT (Know Your Transactions) service providers) any authorization to temporarily control the Digital Assets present in its Wallet(s) when necessary for the provision of the Services.

Any breach of the stipulations of this article by the User constitutes a serious breach likely to result in the termination without notice of the T&Cs at the sole fault of the User and the definitive prohibition for the User from accessing and using the Site and Services.

5.7. General principles applicable to the Services

5.7.1. General restrictions

The Services are accessible to the User who has a Personal Space validated by Davensi and has not been the subject of, or is not subject to, a suspension, sanction, restriction, limitation, termination, closure or deletion.

In addition, Davensi reserves the right, for the purposes of deciding whether a Service or Operation can be executed by a User, to request the communication of specific additional information and/or documents from said User, in accordance with its AML and Anti-Terrorism Financing policy. and applicable regulations.

Furthermore, Davensi reserves the right, without notice and without giving the User the right to compensation, to refuse the execution of a Service or an Operation requested by a User, to cancel an Operation requested by the User or to suspend the use by a User of the Services or of one or more specific Services, particularly in the event of violation by the User of its obligations or commitments under these CG or if Davensi considers that there is sufficient evidence to suggest that the User could be in violation of their obligations and commitments under these T&Cs, or in particular:

• in the event of detection of unusual or suspicious activities on the User’s Personal Space, or suspicion of the User’s identity;
• in the event of detection or reporting of unauthorized access to the User’s Personal Space;
• in the event of a request to this effect by a competent authority (request, court decision, ongoing investigation, etc.);
• in the absence of provision by the User of additional information or documents requested by Davensi;
• in the event of inappropriate behavior and/or wrongful actions of the User (insults, threats, violence, etc.).

Davensi also reserves the right, in particular with the aim of preventing fraud and combating illicit or fraudulent activities, to impose on a User, in a personal capacity, Limits or a Ceiling under the conditions set out below, and/or to restrict or limit the use by said User of certain Services.

These restrictions may be lifted by Davensi if the latter considers that the causes and reasons which led to their implementation have disappeared, where applicable subject to the communication by the User of the information and documents which could be requested from them by Davensi. Intervention Fees may also be levied/invoiced to the User in accordance with the stipulations set out in the “Financial Conditions” article.

5.7.2. Restrictions due to Digital Assets available for a specific Service

The User can carry out Transactions on different Digital Assets as they are offered/accepted on the Site. The list of Digital Assets accepted on the Site is available in the “Prices” section and is subject to change at any time without notice. In the event of permanent withdrawal of a Digital Asset from the Site, Davensi will make its best efforts to notify Users of this development with reasonable notice as well as to allow the User to carry out Sales, Withdrawal or Exchange Operations on said Digital Assets.

The User may use the Services subject to compliance with the Minimum Limits and Maximum Limits set by Davensi for example for certain Operations and for certain types of Digital Assets, in accordance with the details appearing in the “Prices” section and/or details appearing in the User’s Personal Space when a maximum or minimum Limit has been imposed on him personally by Davensi. These Limits are subject to change at any time without notice. The User is therefore invited to read the Minimum Limits and Maximum Limits which apply to them at the time they wish to carry out a Transaction, and undertakes to respect them.

5.7.3. Restrictions due to the setting of Minimum Limits and Maximum Limits, and a Ceiling

The User may use the Services subject to compliance with the Minimum Limits and Maximum Limits set by Davensi for example for certain Operations and for certain types of Digital Assets, in accordance with the details appearing in the “Prices” section and/or details appearing in the User’s Personal Space when a maximum or minimum Limit has been imposed on him personally by Davensi. These Limits are subject to change at any time without notice. The User is therefore invited to read the Minimum Limits and Maximum Limits which apply to them at the time they wish to carry out a Transaction, and undertakes to respect them.

Furthermore, a Ceiling may be applied to the User by Davensi, either for all of his Operations, or only for certain Operations and/or for certain types of Digital Assets. The User will be informed of the existence of such a Ceiling through their Personal Space.

A Ceiling may also be applied by Davensi generally to all Users either for all their Operations, or for example for all Operations carried out on a type of Digital Asset. Users will be informed of the existence of such a Ceiling through the Site and in particular in the “Prices” section.

These Ceilings are subject to change at any time without notice. The User is therefore invited to ensure the Ceilings which apply to them at the time they wish to carry out a Transaction, and undertake to respect them.

5.8. Warning - risks inherent to the Services

The User acknowledges that the Operations carried out within the framework of the Services, and in general the purchase, use, sale, exchange, conversion or even holding of Digital Assets, present risks for which Davensi is not responsible, namely:

• macroeconomic risk: the change in the macroeconomic situation may lead, among other things, to abnormal price fluctuations, which may affect the User;
• political/fiscal/regulatory risk: changes in applicable laws and regulations may result, among other things, in abnormal price fluctuations, or even call into question the operating conditions of the Site and the conditions of provision and use of the Services, what may affect the User;
• return risk: Digital Assets are not issued by financial institutions, and the Digital Assets market is a new and poorly regulated market which is likely to generate no real return;
• volatility risk: Digital Assets are heavily used by speculators, which means that Transactions involving Digital Assets are exposed to extremely high volatility risks; moreover, the Operations are carried out throughout the day without interruption and without restriction on the increase or decrease in the price, which implies that the price of the Digital Assets may undergo sudden variations leading to partial or total losses of the assets of the Users. Also, buying, selling, exchanging, etc. Digital Assets involve significant risks: the User is invited never to buy more than they can afford to lose;
• decentralization risk: there is no central entity or organization that controls and regulates Digital Assets. On the contrary, Digital Assets rely on decentralized Blockchain technology. In the event of a crisis, no entity or organization protects the Digital Assets market to minimize your losses, for example.
• operational risks: failures of hardware, software or even networks (internet, telecommunications, electronic communication, telephone, etc.) may result in the loss of Digital Assets in certain cases;
• risk induced by force majeure;
• risk of theft or loss of the private key and other handling errors (e.g. risk for the User of theft or loss of their Identifiers) which could result in the partial or total loss of the Digital Assets;
• liquidity risk: the exchange of a Digital Asset for a Fiat Currency is not always guaranteed, nor for another type of Digital Asset.

Davensi also emphasizes that Digital Assets and Blockchain are new technologies, obeying particular rules that differ from traditional financial systems and Digital Assets are highly volatile. Thus, any use of Digital Assets, whether as an investment, as a monetary equivalent, etc. presents risks which the User must take into account.

The User must ensure that they are informed and trained on the operation and characteristics of a Blockchain, Digital Assets, Digital Asset exchange platforms (how to carry out a Purchase or Sale Transaction or ’Exchange? How to use a Wallet? How to withdraw your Digital Assets from your Wallet?

Davensi notably provides Users with information and tutorials aimed at guiding them in the use of the Site and the Services. The User is however invited to vary his sources of information and thus to consult sites other than that of Davensi to obtain information and training on the risks inherent to the Services, it being specified that the information and details appearing on the Site are not exhaustive, nor necessarily up to date, and are only indicative for Users.

The User must therefore be particularly vigilant when using the Site and the Services, and must ensure that they have all the skills and knowledge, particularly technical and financial, required to handle Digital Assets. In particular, Davensi reminds Users that past performance is no guarantee of future performance, and that the purchase, retention and sale of Digital Assets presents risks of partial or total capital loss. The User is in any case invited to consult professionals specialized in financial, legal or tax advice before carrying out any transaction involving Digital Assets.

6. Terms of use of the Personal Space

6.1. Creation of a Personal Space

For the purposes of creating their Personal Space, the User must:

• complete the required fields on the online form for this purpose and thus communicate the requested information, namely (but not exclusively):

  • For a natural person: first and last name of the User, email address, telephone number, user name, identity document, date of birth;
  • For a legal entity: company incorporation extract (or equivalent) less than 3 (three) months old, statutes, user name, first and last name of the legal representative, email address of the legal representative, date of birth of the legal representative, telephone number of the legal representative (as well as for each director and shareholder, and in the case of companies, the natural persons who are directors and/or shareholders of these companies).

• communicate the documents requested online for this purpose, in particular as required under the obligations set out in the article “Identity verification (Know Your Customer) and transaction monitoring (Know Your Transactions)” herein.

The information and documents indicated above, as well as the technical characteristics (format, size, etc.) of said documents, are likely to change over time. The exhaustive and current list of information and documents, as well as their technical characteristics, to be provided by the User when requesting the creation of their Personal Space is communicated to the User when this information and documents are requested by Davensi or by any third party service provider to whom Davensi has delegated these operations.

If this information and documents are not communicated, the User’s Personal Space cannot be created and the User cannot benefit from the Services requiring the prior creation of such a Personal Space. In general, the User certifies the veracity and accuracy of the information transmitted (including the documents communicated, automatically or on request) when creating their Personal Space and Davensi will have the possibility to put the responsibility on the User or any person involved in the event that said information transmitted is false, inaccurate or misleading. The User must provide their true identification information (e.g. their real name) and contact details. The User is also required, where applicable, to update the information communicated in order to ensure its accuracy over time and at all times, and guarantees Davensi this. Davensi cannot under any circumstances be held responsible for any difficulty encountered by a User, for example with a view to accessing their Personal Space or the use of the Site or the Services, which would be linked, directly or indirectly, to the communication by the User of inaccurate or incomplete information, or even a lack of updating of his information by the User, it being specified that Davensi may condition the use of the Services on the provision by the User of updated/updated information and documents (in particular a valid identity document) or even the provision of additional information or documents (proof of origin of funds, response to a KYC questionnaire, proof of “living” or proof of “life” of the user, proof of address, etc.). The communication of inaccurate or incomplete information, or false documents, or the absence of updating of this information or documents by a User constitute serious breaches on the part of the User of these T&Cs giving Davensi the right to terminate the T&Cs and delete the User’s Personal Space without notice, in accordance with the article “Denunciation – termination”.

The communication of additional information and/or documents may also be required by Davensi in the event of a request for modification by the User of information relating to their Personal Space.

6.1.1. Conditions for creating a Personal Space

A Personal Space can only be held by one person (whether a natural or legal person), and each person (whether a natural or legal person) can only hold one Personal Space.

Any person (natural or legal) wishing to open a Personal Space must have full legal capacity for this purpose, as well as to commit to these General Terms and Conditions. As such, any natural person acting on behalf of a legal entity guarantees that they have all the rights and authorizations necessary to validly bind said legal entity.

Furthermore, opening a Personal Space by an individual requires being at least 18 years old.

The creation of a Personal Space may also be restricted to certain countries, depending on the KYC (Know Your Customer) process implemented by Davensi or a third-party service provider (see the article “Identity Verification (Know Your Customer) Customer) and transaction tracking (Know Your Transactions)” herein).

It is up to the User to ensure compliance with these conditions.

The content of the aforementioned section and the eligibility conditions or restrictions on the creation of a Personal Space may change at any time and without notice, upon simple decision of Davensi, in particular but not exclusively in order to comply with legislative or regulatory obligations. Davensi cannot be held responsible for the consequences of restrictions (such as refusal to create a Personal Space, suspension or even closure/deletion of the User’s Personal Space), even new ones, which relate to the country of residence, to the nationality or country of the User’s head office or which result from legislative or regulatory obligations.

6.1.2. Identity verification (Know Your Customer) and transaction tracking (Know Your Transactions)

The information communicated by the User for the purposes of creating a Personal Space is used to verify their identity, particularly within the framework of Davensi’s “Know Your Customer” or “customer knowledge” (hereinafter “KYC”) obligations as well as to prevent or detect any attempt or action of fraud, corruption, money laundering or terrorist financing in particular, and more generally any potential illicit or fraudulent activity or action. This may include additional processes such as meeting requirements for proof of “alive” or proof of “life” of the user.

The request made to the User to communicate this information to the company results, among other things, from the latter’s obligations in the fight against money laundering and the financing of terrorism within the meaning of the monetary and financial code. In this regard, the User undertakes to, and guarantees Davensi, to comply with Davensi’s KYC process and to answer any questions, and provide any information requested for this purpose.

KYC operations and in particular User identity verification operations may be delegated by Davensi to a third-party service provider. In all cases, the User will be required to follow all instructions communicated by Davensi and/or this service provider.

In addition, Davensi may use transaction monitoring and analysis solutions (hereinafter “KYT”) in order to better detect anomalies, as well as to prevent or detect any attempt or action of fraud, corruption, money laundering, capital or terrorist financing, and more generally any potentially illicit or fraudulent activity or action, which the User acknowledges and accepts.

KYT operations may be delegated by Davensi to a third party service provider. In all cases, the User will be required to follow all instructions communicated by Davensi and/or this service provider.

In this regard, it is specified that KYC and KYT operations may lead to the User being refused the benefit of certain Services or the carrying out of certain Transactions, this decision being taken at the absolute discretion of Davensi and cannot incur the liability of Davensi.

6.1.3. Prohibitions

The creation or opening of a Personal Space is prohibited for any User whose Personal Space has previously been closed by Davensi.

The User who requests the creation of his Personal Space guarantees that his use of the Site and the Services will not expose Davensi to sanctions and that this use will not violate any applicable law or regulation, particularly in the fight against terrorism, fight against corruption, fight against the financing of the proliferation of weapons of mass destruction and fight against money laundering. Thus, the User guarantees in particular:

• not be subject to a ban on using the Services which would result in particular from legislative or regulatory provisions or from an administrative or court decision, for example;
• not be subject to restrictions on access to financial services as adopted in particular by the United Nations, the Council of the European Union, the United Kingdom, the United States of America, France or any other country or jurisdiction in the fight against terrorism, against corruption, against the financing of the proliferation of weapons of mass destruction and against money laundering;
• not be on the Specially Designated Nationals List maintained by the Office of Foreign Assets Control (OFAC) or on the Department of Treasury’s Denied Persons List United States Commerce or on any sanctions list or list of designated persons or countries maintained by the United Kingdom, the United States of America, France or any other country or jurisdiction.

Any breach of the stipulations of this article “Creation of a Personal Space” by the User constitutes a serious breach likely to result in the termination without notice of the T&Cs at the sole fault of the User and the definitive prohibition for the User from access and use the Site and the Services.

Furthermore, the company reserves the right to refuse the creation of a Personal Space by a User who does not comply or does not respect the conditions and terms provided for in this article “Creation of a Personal Space”, and more generally to these T&Cs, as well as to temporarily suspend or close/delete the User’s Personal Space under the conditions set out in the articles “Suspension of the Personal Space” and “Closing and deletion of the Personal Space” herein.

6.2. Confidentiality and security of Identifiers and Personal Space

The creation of a Personal Space requires the User to choose connection credentials to said Personal Space which are confidential, personal, unique (i.e. not used on other websites), and which will be necessary to access said Personal Space. To this end, the User will be asked to choose an identifier or login (i.e. their email address) and a password which must comply with the required format and characteristics as indicated on the online request form when creating your Personal Space.

The User is solely responsible for preserving the confidentiality of his Identifiers which are strictly personal to him, and undertakes to take all useful measures to ensure this perfect confidentiality, and in particular to regularly modify his password (i.e. at least every 6 months). Also, the User is required to keep his Identifiers confidential and protect them against any access by or disclosure to third parties. The User is solely responsible for the strictly personal use of his Identifiers and guarantees Davensi of it.

The User’s Identifiers may be reset at any time at the initiative of the latter or at the initiative of Davensi, subject to informing the User in advance (it being specified that in all cases this reset must be carried out by the User himself of course, even if it is initiated by Davensi).

In the event of loss or theft of a password, or in the event of unauthorized access to their Personal Space, the User will immediately inform Davensi by email to the following address: contact@davensi. com and will follow the instructions which may be communicated to him by the company, in particular in order to lock access to his Personal Space. The reopening of the User’s Personal Space following such a locking request will be subject to the communication of additional information and/or documents by the User aimed at ensuring their identity and the legitimacy of their request for reopening. Davensi cannot be held responsible in the event of the User’s failure to provide the required information and/or documents.

The use of the User’s Identifiers to connect to their Personal Space and carry out operations (including Operations) constitutes, between the Parties, attribution to the User of (i) operations carried out on or from their Personal Space, (ii) any use of the Site and Services carried out concurrently with its connection to its Personal Space and (iii) any fact or act relating thereto.

The User is also informed that connection or access to their Personal Space using their Identifiers constitutes between the Parties proof of the authentication and identification of the User but also of their identity.

Davensi makes its best efforts to ensure the security of access to the Services and in particular to the User’s Personal Space, and to prevent any unauthorized person from having access to it. For example, the connection to the User’s Personal Space is protected by a two-factor authentication system (double authentication or “2FA”) and therefore requires entry by the User, in addition to their Identifiers, a validation code that he receives by SMS to the telephone number indicated when creating his Personal Space or via the third-party Google Authenticator application. This double authentication system is also deployed and imposed on the User to carry out certain Operations or modify the information in their Personal Space or carry out certain manipulations on the Site. However, Davensi does not guarantee the absolute security of the Services or access to the Personal Space, and more generally to the Site.

Furthermore, following the creation of their Personal Space by a User, Davensi may send emails to the User. The User is informed that any email from Davensi will in principle contain a personal code (also referred to as an “anti-phishing code”) which will be brought to the User’s attention beforehand. It is up to the User to check, for each email he receives from Davensi, that it contains said code. Davensi cannot be held responsible for any consequences that may be suffered by the User as a result of the latter opening an email that does not contain said code, or a link or attachment which would be contained in said email. In any case, the implementation of such a mechanism known as an “anti-phishing code” is an additional means of securing exchanges between Davensi and the User but does not guarantee absolute security of said exchanges or that all mail electronic containing such a code actually comes from Davensi. Also, the User is informed that he must in any case be vigilant and verify the identity of the sender of any email he receives before opening it or opening the attachments or links which appear therein, and that Davensi cannot be held responsible for the consequences of such an action by a User with regard to any electronic mail which appears to come from Davensi but which does not actually emanate from the latter, even if this email contains the “anti-phishing code”.

6.3. Suspension of Personal Space

Without prejudice to the stipulations provided for in the article “Denunciation – termination” herein, Davensi reserves the right to suspend access to the User’s Personal Space and to suspend automatically and without notice the provision of any or all part of the Services, in the event of violation by the User of his obligations or commitments under these T&Cs or if Davensi considers that there are sufficient elements suggesting that the User could be in violation of his obligations and commitments under of these General Terms and Conditions.

Furthermore, such a suspension may occur in particular:

• in the event of detection of unusual or suspicious activities on the User’s Personal Space, or suspicion of the User’s identity;
• in the event of detection or suspicion or reporting of unauthorized access to the User’s Personal Space;
• in the event of reasonable suspicion of use of the Site and/or Services in connection with illicit or fraudulent activities;
• in the event of a request to this effect by a competent authority (request, court decision, decision or request from an administrative or judicial authority, ongoing investigation, etc.);
• in the absence of provision by the User of additional information or documents requested by Davensi;
• in the event of inappropriate behavior and/or wrongful actions of the User (insults, threats, violence, etc.)

The suspension of the Personal Space implies the impossibility for the User to connect to it and/or benefit from the Services / use the Services requiring such a connection to the Personal Space.

To the extent possible (and in particular, unless prohibited by a competent authority or by applicable provisions), Davensi undertakes to inform the User of this suspension without delay and to indicate the reasons for this suspension.

Except in cases where the suspension of the User’s Personal Space occurs following the request of a competent authority, Davensi will indicate to the User, by sending an email to the email address provided by the ’User in his Personal Space, a period within which he will be required to remedy the causes of this suspension (for example regularization actions to be carried out in the event of violation by the User of his obligations or commitments under these T&Cs or even communication information and/or documents for analysis by Davensi of the situation, etc.). In the absence of indication, this period is 7 (seven) days.

If the User fails to comply with Davensi’s requests within the deadline communicated by the latter, Davensi reserves the right to permanently close the User’s Personal Space for misconduct and to terminate these T&Cs under the conditions of the article “Denunciation – termination” hereof.

6.4. Closure and deletion of Personal Space

6.4.1. General principles

The User can request the closure and deletion of their Personal Space directly from their Personal Space or by email to the following address: contact@davensi.com .

The closure and deletion of the Personal Space by Davensi will in any case occur automatically within a period of two years from the User’s last connection to their Personal Space in the event that they have not owned any Digital Assets in his/her Wallet(s) during this two-year period.

In addition, Davensi will close and delete the User’s Personal Space in the event of termination of these T&Cs.

In this regard, and unless otherwise stipulated in these General Terms and Conditions, the closure of the Personal Space implies the impossibility for the User to connect to it and/or to benefit from the Services / to use the Services requiring such a connection. to the Personal Space, as well as the deletion of said Personal Space.

It is also specified that it is the sole responsibility of the User to ensure the conservation and backup of information and documents transmitted by Davensi or to Davensi, or more generally via the Site and/or recorded or stored in the Personal Space, Davensi does not provide conservation, backup or third-party archiving services in this regard.

The closure and deletion of a Personal Space, whatever the cause or the initiator, will not give rise to any compensation of any kind for the User.

6.4.2. Special situations

If an Operation or other transaction is in progress when the User’s Personal Space is closed, Davensi reserves the right to cancel this Operation or other transaction before deleting the Personal Space.

In the event of the death of the User, Daveni may transfer the Personal Space and the Wallet containing the Digital Assets to the rights holders in execution of a precise and express request to this effect from the rights holders and upon presentation of supporting documents, subject to payment of Intervention Fees and Withdrawal Fees in accordance with the stipulations provided for in the article “Financial Conditions”.

6.4.3. Sale and/or Withdrawal of Digital Assets

In the event of closure of the User’s Personal Space, the latter is required to pay any costs, debts, etc. that he may have towards Davensi within a maximum period of 7 (seven) days.

After such payment, the User is invited to sell (see Sales Operation) / withdraw (see Withdrawal Operation) all their Digital Assets from their Wallet(s) within their Personal Space, and must proceed within a maximum period of 15 (fifteen) days following the closure of the Personal Space, it being specified that in the event of the presence of Digital Assets in the User’s wallet within their Personal Space, the effects of the closure and deletion of said Personal Space may in fact be postponed for a maximum period of 15 (fifteen) days for the sole purpose of carrying out the above-mentioned Operations by the User, Davensi being able in this regard to apply specific restrictions in this regard. acting on the use of the Services by the User (e.g.: blocking of certain Operations, etc.). In the absence of Sale/Withdrawal of said Digital Assets within this period, the User is informed that they are definitively renouncing said Digital Assets.

The Sale/Withdrawal by the User of their Digital Assets may be carried out under the conditions provided for in the article “Completion of Operations”. As a reminder, Withdrawal Operations are subject to Withdrawal Fees which may be higher than the Digital Assets present in the User’s Wallet, which in such a case implies the obligation for the User to proceed with their Sale, or failing that (for example if the Sale of said Digital Assets is not possible), to definitively renounce said Digitql Assets. The User is invited to contact Davensi immediately in the event of difficulty relating to the Withdrawal or Sale of their Digital Assets following the closure of their Personal Space.

As an exception to the above, in the event of suspension or closure of the User’s Personal Space following suspicion of illicit activity or fraud (in particular corruption, financing of terrorism, financing of the proliferation of weapons of mass destruction and/or money laundering, but also practice or participation in a practice of market manipulation) or in an illicit activity or proven fraud, or in the event of violation of applicable laws and regulations or of these T&Cs, or in the case this suspension or closure results directly or indirectly from a request from a competent authority, Davensi may immediately make it impossible for the User to connect to their Personal Space and/or benefit from and use the Services requiring such a connection to the User’s Personal Space. Furthermore, Davensi will not be required to return the Digital Assets present in the User’s Personal Space and it reserves the right to hand them over, as well as information about them, to the authorities upon request if necessary.

7. Financial conditions

7.1. Prices of Digital Assets

The User acknowledges being informed of the absence of stability in the Prices of Digital Assets and their particularly high volatility, neither Davensi nor its partners (including Binance France, Aplo Simplex or even KYC (Know Your Customer) service providers) or KYT (Know Your Transactions)) cannot be held responsible.

As part of a Purchase or Sale of Digital Assets, the price of the Digital Assets depends solely on Simplex and is set under the sole responsibility of the latter, without any control on the part of Davensi or Binance France, Aplo or another Davensi partner. The related information is communicated to the User by Simplex and under the exclusive responsibility of the latter.

The Price of Digital Assets that may be the subject of an Exchange Operation can be viewed by the User on the Site at the time when the User makes their Exchange request. The Prices displayed are not by default denominated in euros (€) or another fiat currency, but in the form of a quantity of one type of Digital Asset that can be exchanged for another quantity of another type of Digital Assets. However, the User has the possibility to view, for information purposes only, the amount corresponding in equivalence to the quantity of Digital Assets offered for Exchange and/or requested for Exchange, in Fiat Currency of his choice, among those offered on the Site.

7.2. Transaction Fees

The Operations are services offered to the User for a fee. The User is therefore required to pay Davensi (unless otherwise stipulated in these T&Cs specifying that the Fees are due to a third party) the Fees on the Operations specified below and authorizes Davensi to deduct from his Wallet, or from the amount of the Transaction carried out, all Fees on the Operations which would be due in accordance with these T&Cs.

The prices charged on the Site, in particular the rates applied for the calculation of the various Transaction Fees (or “Commission”) appear on the Site in the “Rates” section, it being specified that the Commission rate may depend on various detailed criteria in said section. Transaction Fees may be subject to minimums, as also specified in the “Prices” section.

Prices (including the Commission rate) may be modified/revised at any time. In the event of an update of the rates, the new rates apply to all Operations initiated and validated by the User after the date of entry into force of the new rates.

7.2.1. Fees on Purchase Transactions and Sales Transactions

The amount of Fees on Purchase or Sale Transactions depends solely on Simplex and is set under the sole responsibility of the latter, without any control on the part of Davensi, Binance France or another Davensi service provider. The related information is communicated to the User by Simplex and under the exclusive responsibility of the latter. These Fees are due (and paid by the User) directly to Simplex.

7.2.2. Fees on Exchange Transactions

The amount of Fees on Exchange Transactions is calculated as specified in the “Prices” section.

The amount of Fees on Exchange Transactions is expressed by default in the type of Digital Asset that the User wishes to exchange for another type of Digital Asset, but can also, at the User’s request, be expressed ( i) in euros (€) or in any other fiat currency desired by the User (by equivalence with the Price of the type of Digital Asset that the User wishes to offer for the Exchange or request for the Exchange), under provided that it is offered on the Site (see drop-down menu offered during the Exchange request) or (ii) in quantity of the type of Digital Asset desired by the User provided that he has this type of digital asset in its Wallet and that it is accepted at the time of request.

7.2.3. Deposit Fees

Davensi does not charge, unless otherwise stipulated or specified, in particular specified in the “Prices” section, fees for Depositing Digital Assets on User Wallets.

7.2.4. Withdrawal Fees

The amount of Withdrawal Fees corresponds to the costs associated with the validation of transactions specific to the Blockchain concerned, over which Davensi has no control. This amount is presented to the User in the “Prices” section at a given time but depends exclusively on the Blockchain concerned and may change at any time without notice without Davensi being held liable in this regard.

The amount of the Withdrawal Fee is expressed in the quantity of the type of Digital Asset that the User wishes to withdraw.

7.2.5. VAT on Transaction Fees

Transaction Fees are not subject to VAT (article 261 C, 1°-d of the CGI – BOI-TVA-CHAMP-10-10-40-50 n° 10; article 135, paragraph 1, d), e) and f), of Directive 2006/112 – CJEU, 22.10.15, C264/14, Hedqvist; BOI-TVA-SECT-50-10-10 n°210).

7.3. Intervention Fees

Exceptionally, Intervention Fees may be owed by the User to Davensi (i) in the event of abuse or inappropriate behavior, and more generally the abusive use of the Services, or (ii) in respect of any intervention of Davensi necessary or requested by a User which would be linked, in whole or in part, directly or indirectly, to an error of the User for example in the use of the Services or (iii) to the non-compliance by the User with these CG

In any case, the Platform will make its best efforts to inform the User of the application of these intervention costs, so that the latter is fully informed and can contact the Platform as soon as possible for any dispute. relating to the application of these fees.

The Intervention Fees are independent of the Transaction Fees and are in addition to (i.e. added to) the Transaction Fees owed by the User.

7.4. Payability

Transaction Fees and Intervention Fees, when due to Davensi, are due and payable at the time of validation of the Operation by the User or, in the absence of an Operation, upon completion of the Transaction. intervention giving rise to Intervention Fees.

In accordance with the provisions of article L.441-10 of the commercial code, any delay or non-payment of a sum due on the due date referred to above will result, without any reminder being necessary, in the payment of late penalties. The interest rate for these late payment penalties will be that applied by the European Central Bank to its most recent refinancing operation increased by ten (10) percentage points. This rate is the rate in effect on January 1 of the year in question for the first half of the year in question. For the second half of the year in question, it is the rate in force on July 1 of the year in question.

These penalties will be calculated and will be due without prejudice to Davensi’s right to claim compensation for its loss linked to late payment or non-payment. Penalties will be due from the day following the due date of the sums due and until the day they are collected by Davensi.

Finally, any User in a situation of late payment will automatically owe Davensi a fixed compensation for recovery costs, set at 40 (forty) euros. If the recovery costs incurred were higher than this compensation, Davensi could request additional compensation upon justification. However, Davensi will not be able to claim the benefit of this compensation in the event of the opening of a safeguard, recovery or judicial liquidation procedure which would prohibit payment of the debt owed to it when due.

7.5. Warning on Prices and Fees - no guarantee

The Price of a Digital Asset and the amount of Transaction Fees are set at the time T when the User validates the Transaction. However, given the particularly high volatility of Digital Assets, it is possible that the Price of a Digital Asset and the amount of Transaction Fees are not strictly identical between the moment when the User views them on their screen and the one where it then actually validates the Operation.

The Prices and rates of Transaction Fees may therefore vary, continuously or occasionally, and at any time. In addition to the cases in which cancellation of an Operation is possible in accordance with these General Terms and Conditions, the Operations are irreversible and the User cannot request cancellation due to a modification of the Prices or the rates of the Fees which occurs subsequently, upon validation of the Operation.

Furthermore, the Price set at the time T when the User validates the Operation is not guaranteed, nor the amount of the Fees on the associated Operations:

• in the event of an Operation validated but not actually completed and executed;
• following a modification of the Operation required by the User or resulting from an error or mishandling attributable to him;
• in the event of non-compliance with these T&Cs by the User;
• in the event of suspension or closure/deletion by Davensi or by the User of the Personal Space thereof;
• in the event of cancellation of the Operation by the User or by Davensi under the conditions provided for in the T&Cs;
• in the event of force majeure;
• in the event of failure or interruption of the Site and/or Services linked to one of the cases referred to in the article “Availability of the Site and Services”.

8. Respective obligations of the Parties

8.1. Davensi Obligations

Davensi is required to respect the terms and conditions stipulated in these T&Cs, and where applicable the conditions stipulated in the other contractual documents binding the parties. Davensi makes the Services available to the User, including access to the Site, and is subject, as such, to an obligation of means.

In particular, Davensi strives to maintain accessibility to the Site and Services, as defined in the article “Terms of use of the Site and Services” herein.

8.2. User Obligations

The user guarantees that he has ensured that he is authorized in his country or jurisdiction of residence and incorporation to access and use the Site and the Services offered by Davensi. The User has also ensured that the Site and the Services are in line with his needs, that they correspond to his expectations and that he has the skills and knowledge, particularly technical and financial, as well as the necessary IT environment, to correctly use the Site and the Services.

The User is required to respect the terms and conditions of these T&Cs, and where applicable the conditions stipulated in the other contractual documents binding the parties. The User is solely responsible for his use of the Site, his Personal Space and the Services, as well as for the acts and actions of the people he has authorized to access his Personal Space, including for what concerns any subsequent completion of Operations.

The User is required to use the Site and the Services in accordance with the legal and regulatory provisions applicable in the countries and jurisdictions where activities and businesses related to Operations and transactions of Digital Assets are carried out, and may not use the Site and/or the Services for illicit or illegal purposes, nor for purposes other than those for which the Site and the Services are made available to the User.

9. Liability

The User assumes responsibility for the obligations imposed on him in application of these Terms and Conditions according to the rules of common law.

Davensi’s commitment relates exclusively to the provision of the Services in accordance with the stipulations of these T&Cs and subject to all reservations formulated within said T&Cs. Davensi is responsible only for this reason.

Davensi draws the User’s attention to the risks inherent in any economic transaction, which are in no way its responsibility (see in particular the article “Warning – risks inherent to the Services”).

In addition to the hypotheses provided for in these Terms and Conditions in which Davensi cannot be held liable, the Parties agree that:

• Davensi’s liability can only be incurred due to poor execution or non-performance of its obligations under these Terms and Conditions in the event of proven fault on the part of Davensi. In addition, Davensi can only be held liable for direct (and not indirect) damage suffered by the User due to Davensi’s failure to fulfill its obligations under these Terms and Conditions. On the other hand, Davensi cannot under any circumstances be held responsible for indirect damage caused to the User, in particular but not exclusively for any loss or absence of profit, performance, advantage or added value, particularly financial or in terms of turnover, income, expected savings or even investments: Davensi cannot be held liable by the User nor any reimbursement requested by the latter for the loss of any Digital Asset and/or any Fiat Currency purchased (see Purchase Operation), deposited (see Deposit Operation), exchanged (see Exchange Operation), held (see Conservation), withdrawn (see Withdrawal Operation) or sold (see Sales Operation) by the User through the Site and/or the Services. Furthermore, Davensi cannot, except for gross negligence or willful misconduct, be held liable to the User for any foreseeable or foreseeable damage;

• Davensi is in no way liable for damage suffered by the User due to Davensi’s failure to fulfill its obligations resulting from a case of force majeure or due to a third party (in particular another User or user) ;

• Davensi is not responsible in the event of abnormal use, including use not in accordance with these T&Cs, or fraudulent or illicit use of the Site or Services by the User, and more generally for any non-compliance with these T&Cs by the User;

• Davensi is not responsible for the operation (or malfunction) of the User’s computer equipment, nor for their access to the Internet or any network (computer network, telephone network, Internet network, telecommunications or electronic communication network);

• Davensi is not responsible in the event of fault of the User or damage resulting from an action, omission, error or negligence attributable to the User or from a lack of diligence or vigilance of the User, nor from consequences or damage, of any nature, which could result with regard to anyone, whether a third party or another user or User;

• Davensi is not responsible in the event of forgetting or loss of their Identifiers by the User, leakage or theft of said Identifiers, cracking of said Identifiers by a third party and other hypotheses of hacking of the User’s Personal Space or his means of access to his Personal Space, the origin of which is not attributable to Davensi;

• Davensi is not responsible for the choices and decisions of the User relating to the use of the Services and in particular to the carrying out of Operations relating to Digital Assets, including in particular but not exclusively the error in taking a decision in particular relating to an Operation, the carrying out by the User of incorrect or inappropriate Operations, the error of Wallet Address or external Wallet, etc. As such, and taking into account the risks inherent in the use of the Services as explained in particular in the article “Warning - risks inherent in the Services”, Davensi is not responsible for any possible financial losses suffered by the User and resulting from the use of the Services;

• Davensi is not responsible for non-compliance with the legislation of the country in which the Services are accessible: it is up to the User, who is solely responsible for the choice of the Services he uses, to check their compliance with the law or legislation of the country in which the Service is accessible and more generally of the legislation applicable to it;

• Davensi cannot be held responsible for the delisting or deletion on the Platform of a type of Digital Asset due, for example, to its low attractiveness in view of the volume of orders placed by market participants or to a legislative or regulatory or even the disappearance of the network / Blockchain concerned. Davensi will make its best efforts to inform the User at least thirty (30) days before said dereferencing or said deletion so that the User can proceed with a Withdrawal or Sale Operation of their Digital Assets concerned, but could depending on the circumstances hypotheses or situations which could arise making it impossible to respect this deadline, which the User acknowledges and accepts;

• Davensi is not responsible for the choices and decisions of the ICO Project Owner or a Participant concerning the use of the Services and in particular the use of the Launchpad, including but not limited to the attractiveness or the profitability of the ICO, its conditions, the consideration offered to Participants, the legal nature of the tokens issued by the ICO Project Owners, etc. In this regard, and taking into account the risks inherent in the use of the Services, Davensi is not responsible for any partial or total financial losses suffered by ICO Project Owners or Participants and resulting from the use of the Launchpad ;

• Davensi is not responsible for a malfunction or failure of the Launchpad resulting from its abnormal use, which includes use not in accordance with these T&Cs, or fraudulent or illicit use of the Launchpad by Participants or Holders of an ICO Project, nor the consequences of malfunctions or delays (in particular affecting the ability of Participants to participate in an ICO) resulting from the operation (or malfunction) of the equipment or computer hardware of the Participant or Project Owners of ICO, their access to the Internet or any network (computer network, telephone network, Internet network, telecommunications or electronic communication network, etc.), their hosting provider or any tool used in the framework of the ICO and/or use of the Launchpad;

• Davensi is not responsible for any malfunction or failure of the ICO accessible through the Launchpad. More generally, it is recalled that Davensi does not intervene in the relations between the Participants and the ICO Project Owners. Consequently, Davensi cannot be held responsible in any way in this regard, it being specified that Davensi is not responsible for any difficulty that may arise in the context of relations between Participants and ICO Project Owners. or result in whole or in part, directly or indirectly, from the relationships between the Participants and the ICO Project Owners;

• Davensi is not responsible for the malfunction or failure of third-party sites or third-party applications (including, but not limited to, aggregators, remote control or operations automation solutions) referenced on the Site. More generally, remember that Davensi only provides Users with access from their Personal Space to these third-party sites or third-party applications. Likewise, Davensi does not intervene in the relations between the User and these third-party sites or third-party applications. Consequently, Davensi cannot be held responsible in any way in this regard, it being specified that Davensi is not responsible in particular (i) for the use by the User of such a third-party site or third-party application, nor direct or indirect consequences that may arise therefrom and no longer (ii) any difficulty that may arise in the context of relations between the Participants and the ICO Project Owners or result in whole or in part, directly or indirectly, from the relations between the ’User and such third party site or third party application.

• Davensi cannot be held responsible for:

  • a temporary or permanent unavailability of access to all or part of the Site or the Services offered there, a difficulty linked to response time, and in general, any lack of performance, as well as the consequences or damage of any nature that may result therefrom;
  • discontinuities or disruptions in the use of the Site and the Services contained therein, whether voluntary or not, nor consequences or damage of any kind which could result therefrom or which could result from changes or technical developments or functional of the Site or Services;
  • and more generally failures or interruptions (temporary/permanent, partial/total) of the Site and/or Services which would be linked to one of the cases for which it is indicated in these T&Cs, in particular in the article “Availability of the Site and of Services”, that Davensi cannot be held responsible.

in the following hypotheses:

• maintenance operations, updates or technical or functional adjustments, for example, of the Site and/or Services;
• breakdowns of computer or telecommunications equipment or a failure of a network provider (such as computer network, telephone network, internet network, telecommunications or electronic communications network) of the User;
• and more generally failures or interruptions (temporary/permanent, partial/total) of the Site and/or Services which would be linked to one of the cases for which it is indicated in these T&Cs, in particular in the article “Availability of the Site and of Services”, that Davensi cannot be held responsible.

Likewise, Davensi cannot be held responsible for the misappropriation of information circulating via the internet or entered on the Site, for the presence of viruses, malicious codes or any other harmful technologies or other logical infections on the Site or for any consequences or damages. resulting, which would not be attributable to Davensi.

Davensi cannot be held responsible for the consequences or damages of any nature that may result from errors or omissions in the content published on the Site or in responses to contact requests, nor from a delay in responding to such requests.

The stipulations of this article “Liability” will survive the end of these T&Cs, whatever the cause, until the end of their particular purpose.

10. Denunciation - termination

10.1. Denunciation

The User may denounce the T&Cs (i.e. terminate them) at any time and without notice, provided that they delete their Personal Space in accordance with the terms and conditions provided for in the article “Closure and deletion of the Personal Space”.

Davensi is authorized to denounce and terminate these T&Cs, without the User being able to claim any prejudice as a result, under the following conditions and methods:

• in the event that a law, a regulation, the decision of a competent authority or jurisdiction makes it impossible to maintain all or part of the T&Cs (and therefore the Services) between the Parties, or if Davensi has reason to believe the maintenance of all or part of the General Terms and Conditions (and therefore the Services) is therefore impossible, subject to compliance with thirty (30) days’ notice, unless the law, regulation or decision referred to in this article prohibits or does not allow Davensi to respect such a notice period. Furthermore, Davensi may, at its sole discretion, subject to compliance with the aforementioned notice, unless the conditions do not allow compliance with such notice, denounce part or all of the T&Cs (and therefore terminate part or all Services) in order to comply with all laws, regulations, decisions applicable to transaction or manipulation activities on Digital Assets;
• in the event of the occurrence of a technical or security problem affecting the Site and/or the provision of the Services, including in particular but not exclusively the case where Binance France or Aplo suspends or terminates the provision, maintenance or administration of the Exchange or Davensi Platform, subject to compliance with thirty (30) days’ notice, or, only if the conditions do not allow compliance with such notice, immediately without notice;
• for convenience, subject to reasonable notice of a period which cannot be less than thirty (30) days and more than sixty (60) days.

Unless otherwise stipulated in this article, and unless prohibited by a legislative or regulatory text or a decision of a competent authority, any denunciation initiated by Davensi is preceded by the sending of an email to the email address provided by the User in their Personal Space, informing the User of this denunciation and the date on which the denunciation will be effective, in compliance with the deadlines and notices mentioned herein. In the absence of any obligation for Davensi to respect notice, this email is concomitant with the denunciation.

10.2. Termination

The termination of the T&Cs may take place at the initiative of Davensi, in addition to the cases specifically provided for under the terms of articles of these T&Cs and without prejudice to any damages that could be claimed from the User, in the following cases:

• for failure of the User to fulfill one of its obligations or one of its commitments under these T&Cs, in particular in the event of failure to fulfill its obligations under the articles “Description of the Services”, “Terms of use of the Site and the Services”, “Terms of use of the Personal Space”, “Financial conditions” and “Respective obligations of the parties”, seven (7) days after notification to the User of a formal notice of comply with its obligations and/or commitments which remain unsuccessful;

• If the User is failing to comply with Davensi’s requests within the deadline communicated by the latter in the cases referred to in the article “Suspension of the Personal Space”, seven (7) days after notification to the User of ’a formal notice to comply remained unsuccessful;

• in the event of a serious breach on the part of the User which gives Davensi the right to terminate the T&Cs without notice and without prior notice, it being specified that in such a case Davensi may terminate these T&Cs by means of a simple information by email sent to the email address provided by the User in their Personal Space. As such, serious breaches on the part of the User giving Davensi the right to terminate the T&Cs without notice include:

  • the fact that a User registers in the name of another person in order to circumvent a ban on the creation of a Personal Space;
  • the fact that a User provides misleading, inaccurate, out-of-date, obsolete or incomplete information (for example information on their identity or contact details), or that they fail to update some of this information, or that they communicates false documents (e.g. false proof of identity);
  • the fact that a User refuses to accept the modified T&Cs by requesting the deletion of their Personal Space;
  • use of the Site and/or Services, voluntarily or not, for illicit or fraudulent purposes or activities;
  • non-payment by the User of Fees on Operations due to Davensi (or to a partner of the latter, such as Binance France, Aplo or Simplex or Stripe);
  • any other serious breach of these T&Cs or applicable laws and regulations.

The formal notices referred to in this article are sent by Davensi by email to the email address provided by the User in their Personal Space, and refer to this article. Davensi will then inform the User, by the same means, of the effective termination of the T&Cs. In the absence of any obligation for Davensi to give prior notice to the User, an email will still be sent to the latter to inform them of the termination of the T&Cs.

10.3. Consequences

In the event of termination or denunciation of these T&Cs within the framework of this article “Denunciation - termination”, Davensi will proceed to the closure and deletion of the User’s Personal Space in accordance with the stipulations of the article “Closure and deletion of Personal Space” hereof.

The clauses which by their nature or their purpose must survive the end of the T&Cs will survive and remain applicable at the end of the said T&Cs, until the end of their respective particular purpose, except for a specific duration provided for in the T&Cs.

11. Personal data and cookies

Davensi is the data controller for the processing of Users’ personal data implemented through the Site. The User is invited to click here to access Davensi’s “personal data protection policy”.

Cookies and other trackers or similar technologies may be installed and/or read in the User’s browser or terminal during their visit to the Site. The User is invited to click here to access Davensi’s “cookie management policy”.

12. Intellectual property

These General Terms and Conditions do not entail any transfer, concession or license of intellectual property rights or the sui generis right of the database producer for the benefit of the User.

The Site taken as a whole, as well as each of the elements which compose it taken independently, in particular the programs and developments, its structure, and the contents including data, texts, fixed or animated images, logos, sounds, graphics, photographs, files , are the exclusive property of Davensi or of third parties who have transferred or granted the right to exploit them.

Any total or partial representation or reproduction of the Site or one of the elements which compose it without the express authorization of Davensi is prohibited and would constitute an infringement punishable by the intellectual property code and/or an act of unfair competition or parasitism, and/or more generally a fault, incurring the responsibility of its author. In any case, on any representation or reproduction authorized by Davensi of all or part of the Site or the elements composing it must appear the words “Copyright [Current year] DAVENSI – all rights reserved”.

The databases appearing on the Site are protected by the intellectual property code and any qualitatively or quantitatively substantial extraction or reuse of the content of the databases is prohibited and sanctioned.

The brands and logos appearing on the Site are trademarks registered by Davensi or by third parties. Any reproduction, imitation or use, total or partial, of these distinctive signs without the express authorization of the rights holder or in violation of intellectual property rights engages the liability of their author.

The other distinctive signs, in particular the company names, trade names, signs, domain names reproduced on the Site are the property of Davensi or third parties, and any reproduction of these without the express authorization of the rights holder is likely to constitute an infringement. usurpation, and/or more generally a fault, incurring the responsibility of its author.

13. Convention of proof

13.1. Computer traces

The User acknowledges that the Site or the tools implemented on the Site, and in particular within the framework of the User’s Personal Space or the Services, make it possible to ensure the traceability of certain actions and operations carried out (in particular the traceability of the Operations carried out or even of the acceptance of the General Terms & Conditions), as well as the delivery of certain notifications and certificates, in particular for reasons of security and proof. These traceability procedures generate computer traces or even event logs (hereinafter the “Computer Traces”).

The User acknowledges that the Computer Traces generated by the Site, as well as their possible reproduction on paper or electronic media, may be used to provide proof of use of the Site, the Personal Space and the Services, and in particular proof of the completion of a Transaction, the publication of content, the entry of information, the delivery of information or consent/acceptance.

13.2. Electronic writings

The user expressly acknowledges that exchanges with the company may take place by any means, in particular by electronic message to the e-mail address mentioned in the Personal Space or mentioned in the User’s correspondence, or by means of all documents and other electronic writings resulting from the use of the Site and/or the Services, in particular Computer Traces, and more generally resulting from the execution of these T&Cs, as well as those accepted or signed electronically (hereinafter the ” Electronic Writings”).

The User acknowledges that Electronic Writings may be used for the purposes of providing proof of a fact or the content of exchanges, and that in general any trace or any computer and/or electronic document emanating from Davensi, the Site, Personal Space or use of the Services is evidence between the Parties.

When the User acts in a professional context, the User’s failure to manage delegations of powers cannot be used against Davensi to defeat the legal value of the Electronic Document.

13.3. Conservation and archiving

The Parties are personally responsible, under their own responsibility, for the conservation and archiving of Electronic Writings.

Each Party implements the means and procedures that it considers necessary for the purposes of conservation and archiving. It is up to the User to find out about this matter as the Parties make it their personal business, under their own responsibility, to conserve and archive Electronic Writings.

Each Party implements the means and procedures that it considers necessary for the purposes of conservation and archiving. It is up to the User to obtain information on this matter from archiving professionals and to take all appropriate measures.

For information, the company ensures the conservation of the writing recording the execution by the User of each Operation and the related acceptance of these T&Cs as soon as the Operation concerns an amount greater than or equal to one hundred and twenty (120) euros , for a period of ten (10) years from the execution of the Operation and guarantees access to it at any time during this same period.

These elements are kept by the company in electronic format. These elements are an integral part of Electronic Writings. The User can access it by sending their request by email to contact@davensi.com.

14. No right of withdrawal

Pursuant to article L221-28 2° of the Consumer Code, the right of withdrawal cannot be exercised for Transactions involving Digital Assets.

15. Absence of legal guarantee of conformity and guarantee of defects of the thing sold

The provisions of the Consumer Code relating to the legal guarantee of conformity (see articles L217-1 et seq. of said code) do not apply to the Services and these T&Cs insofar as the relations between the User and Davensi may not be qualified as contracts for the sale of tangible movable property within the meaning of the said provisions.

The provisions of the civil code relating to the guarantee of defects in the thing sold, also called legal guarantee of hidden defects (see articles 1641 et seq. of said code) do not apply to the Services and these T&Cs to the extent that the relations between the User and Davensi cannot be qualified as a sale within the meaning of the said provisions.

In this regard, it is specified for all purposes that the use of the terms Sale/sale/sell and Purchase/purchase/purchase, and certain associated terminologies, in the context of these General Terms and Conditions or on the Site, in particular to designate certain operations or actions, has a purely explanatory and descriptive purpose. The use of these terms in no way prejudges the legal qualification of the operations and actions covered by these terms within the meaning of the civil code and the consumer code. In any case, under the terms of these General Terms and Conditions, Davensi concludes with Users a contract for the provision of services and not a sales contract within the meaning of the aforementioned texts.

16. Assurance

Davensi certifies having taken out an insurance policy with a reputably solvent insurance company established in France for the financial consequences which could result from incurring professional civil liability in the context of the execution of the T&Cs.

17. Miscellaneous

17.1. Force majeure and unforeseen circumstances

17.1.1. Force majeure

The User and Davensi cannot be held liable towards the other in the event of non-performance of their obligations under these T&Cs resulting from a case of force majeure within the meaning of article 1218 of the civil code, it being specified that force majeure is defined as an event beyond the control of the debtor of an obligation, which could not be reasonably foreseen when concluding the T&Cs and whose effects cannot be avoided by appropriate measures, and which prevents the execution of his obligation by the debtor. By express agreement, all events usually recognized as such by the case law of French courts and tribunals, primarily by the case law of the Court of Cassation, are considered to be cases of force majeure.

By express agreement between the Parties, constitute in particular a case of force majeure:

• the theft of assets, in particular Digital Assets of which Davensi or one of its partners (in particular Binance France, Simplex, Stripe or KYC (Know YourCustomer) or KYT (Know YourTransactions) service providers) are victims by any means whatsoever either ;
• the absence of energy supply, in particular power cuts or outages;
• disruptions to private or public communications networks, including the total or partial shutdown of the Internet network;
• a computer hack leading in particular to the impossibility for Davensi and/or its partners (in particular Binance France, Simplex, Stripe or KYC (Know YourCustomer) or KYT (Know YourTransactions) service providers to restore the Services concerned;
• bad weather and climatic events (storm, hail, lightning, hurricane, etc.);
• natural disasters, earthquakes, floods, water damage;
• magnetic fields;
• the fall of aircraft;
• acts of terrorism;
• war, riot, armed conflict, fire, explosion, internal or external strikes, lockout, occupation of Davensi premises;
• legal or governmental restrictions, legal or regulatory changes to forms of marketing;
• accidents of all kinds;
• epidemics, pandemics, illnesses affecting more than 10% of Davensi staff members or people working for Davensi (including for example internal or external consultants of Davensi, or staff members or internal or external consultants of a entity of the group of companies to which Davensi belongs) within a period of two consecutive months;
• the blocking of roads and the impossibility of supplying supplies preventing the normal execution by a Party of its obligations under the General Conditions;

17.1.2. Lack of foresight

Davensi draws the User’s attention to the risks inherent in any economic transaction, in particular any Transaction involving Digital Assets. The use of the Services by the User implies acceptance of these risks. As such, any financial losses suffered by the User and resulting from the use of the Services cannot constitute a situation of unforeseeability as defined in article 1195 of the civil code and thus do not give rise to the right to avail themselves of the legal regime of unforeseen circumstances provided for in this article nor of any legal or regulatory provisions which would be applicable to such a situation, which the User expressly acknowledges and accepts. The same applies more generally in the event that the contractual balance is upset by circumstances which were unforeseeable at the time of the conclusion of the T&Cs, even if their execution proves excessively onerous, the User agreeing to bear the burden and all the economic and financial consequences and to renounce in this hypothesis the right to take advantage of the legal regime of unforeseen circumstances provided for in the aforementioned article of the civil code as well as any possible legal or regulatory provisions which would be applicable to such a situation.

17.2. Non-waiver

The fact of one of the Parties tolerating a situation, for example the fact of not availing itself of the application of certain stipulations of the T&C or of certain legal or regulatory provisions, whatever the frequency and duration, cannot constitute a modification of the T&Cs nor have the effect of granting acquired rights to the other Party.

Furthermore, such tolerance by one of the Parties, even repeated, cannot constitute or be interpreted as a waiver of the latter to assert or exercise the rights in question or to take advantage of any of the stipulations of these General Terms and Conditions.

17.3. Interpretation

In the event of difficulties of interpretation resulting from a contradiction between any of the titles appearing at the top of the articles and any of the articles, the titles will be declared non-existent.

17.4. Partial nullity

If one or more stipulations of the T&C are held to be void, invalid, illegal or inapplicable or declared as such, in application of a law, a regulation or following a final decision of a court or a competent authority, the other stipulations will remain applicable and will retain all their force and scope.

17.5. Independent co-contractors

The Parties acknowledge that they each act on their own behalf as Parties independent of each other and as independent co-contractors, and these T&Cs cannot be interpreted in any other way.

17.6. Subcontracting

For the purposes of the execution of the T&Cs and in particular the provision of the Services, Davensi may, at its convenience, use subcontractors, in particular the sub-custodians Binance France and Aplo, it being specified that Davensi will remain, towards the User, responsible for the execution of the T&Cs in accordance with the terms and conditions of the T&Cs and other contractual documents binding the parties, if applicable.

17.7. Cession

The User’s Personal Space cannot be assigned or transmitted to a third party, and the User cannot assign or transmit the T&Cs, or all or part of his rights and obligations under the T&Cs, to a third party.

The User expressly accepts, in advance, that Davensi may assign or transfer to a third party the T&Cs or all or part of its rights and obligations under the T&Cs without notice or prior information to the User.

17.8. Calendar days

Unless otherwise indicated, the deadlines and durations indicated in these T&Cs are in calendar days.

18. Mediation and extrajudicial dispute resolution

In accordance with the provisions of articles L.612-1 et seq. of the Consumer Code, any User having the status of consumer within the meaning of said code has the possibility of contacting the services of a consumer mediator free of charge with a view to amicable resolution of a dispute which would oppose him to Davensi.

The body designated by Davensi for this purpose is the Mediator of the Financial Markets Authority (AMF).

To contact this organization, the User can:

1. go to the AMF website: https://www.amf-france.org/fr/le-mediateur-de-lamf/votre-dossier-de-mediation/vous-voulez-deposer-une-demande-de-mediation and complete the online form by attaching supporting documents;
2. or send your complaint by post to the address: Mediator of the Financial Markets Authority 17, place de la Bourse - 75082 Paris Cedex 02 Tel : 01 53 45 60 00

A dispute can only be examined by the consumer mediator if:

• the User justifies having tried, beforehand, to resolve his dispute directly with Davensi by a written complaint expressly identified as such detailing the reasons for his complaint as well as all the information useful to Davensi to understand, study and assess the causes, consequences and implications of this complaint, and sent by email to: contact@davensi.com;
• the request is not manifestly unfounded or abusive;
• the dispute has not previously been examined or is not being examined by another mediator or by a court;
• the User submits his request to the mediator within a maximum period of one year from his written complaint to Davensi;
• the dispute falls within the jurisdiction of the mediator seized.

The User will be informed by the mediator of the action that will be given to their request for mediation.

Furthermore, the User is informed that in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement by extrajudicial means of disputes. online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

19. Language - Applicable law and competent jurisdiction

The original version of these General Terms and Conditions is in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic, particularly in the event of a dispute.

THE SITE IS GOVERNED BY FRENCH LAWS. THE CONTENT OFFERED ARE THEREFORE COMPLIANT WITH FRENCH LEGISLATION IN FORCE. DAVENSI CANNOT BE LIABLE IN THE EVENT OF NON-COMPLIANCE WITH THE LEGISLATION OF THE COUNTRY OF CONNECTION OF THE USER.

THESE T&Cs AS WELL AS THE RELATIONS BETWEEN DAVENSI AND THE USER ARE ALSO GOVERNED BY FRENCH LAWS. THIS IS THE SUCH APPLICATION FOR THE SUBSTANTIAL RULES AND THE RULES OF FORM, NOTWITHSTANDING THE PLACES OF PERFORMANCE OF SUBSTANTIAL OR ACCESSORY OBLIGATIONS.

IN THE EVENT OF ANY DISPUTE REGARDING THE INTERPRETATION OR EXECUTION OF THE T&Cs, THE PARTIES WILL MAKE THEIR BEST EFFORTS TO FIND AN AMICABLE RESOLUTION. IN THE FAILURE OF AN AMICABLE RESOLUTION, THE FRENCH COURTS HAVE ONLY JURISDICTION TO KNOW DISPUTES ARISING FROM THE APPLICATION OF THESE T&Cs OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SITE. THE REFERENCE LANGUAGE FOR THE SETTLEMENT OF POSSIBLE DISPUTES IS FRENCH.

THESE STIPULATIONS RELATING TO APPLICABLE LAW AND COMPETENT JURISDICTIONS ARE APPLICABLE SUBJECT TO THE MANDATORY PROVISIONS WHICH MAY APPLY TO THE USER IN HIS QUALITY AS A CONSUMER WITHIN THE MEANING OF THE CONSUMER CODE IF APPLICABLE (IN PARTICULAR ARTICLE R.631-3 OF THE CONSUMER CODE).

BY EXCEPTION, AND IN THE FAILURE OF AMICABLE RESOLUTION OF A DISPUTE BETWEEN DAVENSI AND A COMMERCIAL USER WITHIN THE MEANING OF ARTICLE L121-1 OF THE COMMERCIAL CODE, THE DISPUTE WILL BE WITHIN THE EXCLUSIVE JURISDICTION OF THE PARIS COURTS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR CALL FOR GUARANTEE, EVEN FOR EMERGENCY PROCEDURES OR FOR PRESERVATIVE PROCEDURES, IN REFERENCE OR BY REQUEST.