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    General Terms and Conditions of Use (GTCU) for FINTECTURE services

    Version of 02 May 2022

    Preamble

    The present general conditions of use (hereafter the " GCU ") are concluded between the user of the FINTECTURE services and the company FINTECTURE SAS (hereafter " FINTECTURE ").

    FINTECTURE is a société par actions simplifiée (simplified joint stock company), registered in the Créteil Trade and Companies Register under SIREN number 834 500 548, with its registered office at 5 Avenue du Général de Gaulle, 94160 Saint-Mandé, France. FINTECTURE is authorized as a payment institution by the ACPR (as defined below), under number 17248, which can be consulted on the official register accessible at the following address: www.regafi.fr.

    FINTECTURE is also registered with the Organisme pour le registre unique des intermédiaires en assurance, banque et finance (ORIAS) as a non-exclusive agent in banking and payment services (MOBSP) under number 20008803 and as an insurance or reinsurance broker under number 22000510 (details of these registrations can be consulted on the official website www.orias.fr).

    1. Definitions

    The terms below beginning with a capital letter in the TOS (including its preamble) shall have the following meaning, whether used in the singular or plural:

    ‍‍ACPR("Autorité de Contrôle Prudentiel et de Résolution"): The independent administrative authority responsible for licensing payment service providers(http://acpr.banque-france.fr) and is also in charge of monitoring and ensuring compliance with financial rules and standards applicable on national territory.

    ACCOUNT: Any payment account held by a PSP Manager, as defined in article L. 314-1 II of the French Monetary and Financial Code.

    ESPACE CONNECT : The online space made available to the USER by FINTECTURE and allowing the USER to select his PSP Manager when using the Services.

    ‍DATA : All USER data processed by FINTECTURE, whether Personal Data, Personalized Security Data and/or Sensitive Payment Data.

    PERSONAL DATA: Any information relating to an identified or identifiable natural person, as defined in Article 4.1 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

    PERSONALIZED SECURITY DATA: Personalized data provided to the USER by his PSP Manager for authentication purposes.

    SENSITIVE PAYMENT DATA: Data, including Personalised Security Data, that could be used to commit fraud. In accordance with Article L133-4 of the French Monetary and Financial Code, the name of the Account holder and the Account number used in the context of the Services do not constitute Sensitive Payment Data.

    INTELLECTUAL PROPERTY RIGHTS: All industrial property rights and literary and artistic property rights, including patents, trademarks, designs and models, as well as copyright.

    PSD2: Directive (EU) 2015/2366 of the European Parliament and of the Council of November 25, 2015 on Payment Services in the Internal Market transposed into French law by Ordinance no. 2017-1252 of August 9, 2017.

    PARTNER: A commercial company operating the Partner Site and integrating the Solution on the Partner Site to connect FINTECTURE and the USER and enable the latter to use the Services.

    PSP MANAGER (or "BANK"): Any Payment Service Provider which, within the meaning of Article 4.17 of the PSD2, provides an Account to the USER.

    SERVICE(S): All services provided by FINTECTURE to the USER as described in articles 5 and 6 of the GCU.

    PAYMENT SERVICES: The payment services listed in II of article L.314-1 of the French Monetary and Financial Code.

    PAYMENT INITIATION SERVICE: A Payment Service consisting of initiating a payment order at the USER's request concerning an Account, as listed in II 7° of article L.314-1 of the Monetary and Financial Code and defined in 6° of article D314-2 of the same code.

    INFORMATION SERVICE: A Payment Service consisting of providing consolidated information on Accounts held by one (or more) PSP Manager(s), as listed in II 8° of article L.314-1 of the Monetary and Financial Code and defined in 7° of article D314-2 of the same code.

    PARTNER SITE: The site and/or application operated by PARTNER to enable persons to use the Services provided by FINTECTURE.

    SOLUTION: FINTECTURE's payment solution including Services.

    USER: An individual or legal entity, of legal age and resident in France, who has accepted the GCU in order to use the Services.

    2. Purpose and acceptance of the GCU

    The purpose of the GCU is to define the conditions of use and supply of the Services offered by FINTECTURE to the USER.

    The use of the Services by the USER implies that the USER has read the GTUs in their entirety beforehand and accepts them without reservation. Thus, by accepting the GTCU in the Connect Space, the USER is presumed to have read and accepted without reservation, the entirety of the stipulations of the GTCU which are enforceable against him/her from that moment.

    The USER expressly agrees not to use and benefit from the Services if he/she does not accept the GTCU. The USER also acknowledges that any breach of the GTUs may result in the immediate refusal to provide all or part of the Services.

    FINTECTURE reserves the right to modify the TOS at any time, in particular in order to adapt them to the evolution of the Services or to the evolution of the legislation in force. Consequently, the USER commits himself to consult and accept the last published version of the TOS before any new use of the Services.

    The USER may at any time download a free copy of these GTUs on a durable medium (PDF format) and print them by clicking here.

    3. Duration

    The GCU are concluded as of their acceptance by the USER and apply for the entire duration necessary for the provision of the Services concerned.

    4. Tariff conditions

    FINTECTURE does not charge USERS for the use of the Services, which are provided to the USER free of charge.

    The PARTNER or the PSP Manager may charge for certain services at their own discretion and independently of FINTECTURE. Therefore, the USER is recommended to consult in advance the tariffs, fees and currency exchange rates applicable by the PSP Handler for payment transactions. FINTECTURE cannot be held responsible for the fees and tariffs applied by the managing PSP and invoiced by it to the USER.

    5. Terms and conditions of the Payment Initiation Service

    5.1. Description of the Payment Initiation Service

    FINTECTURE provides the USER with a Payment Initiation Service allowing the USER to quickly, easily and securely instruct its PSP Manager to execute a transfer in favour of the PARTNER. This Service works as follows:

    1. The USER selects the Solution on the Partner Site, clicks on a FINTECTURE payment link or scans a FINTECTURE payment QR code;
    2. The USER is redirected to the Connect Space and is invited to select his or her PSP Manager from the PSP Managers listed;
    • The USER is redirected to the interface of his PSP Manager and follows the procedure specific to the latter to identify himself and possibly authenticate himself strongly with his personalised Security Data. The USER is informed that FINTECTURE only redirects the USER to the interface of his PSP Manager and does not intervene in the authentication process;
    1. The USER confirms his or her request to initiate payment by bank transfer;
    2. Where applicable, immediately after initiating the payment order, FINTECTURE shall confirm to the USER that the payment order has been successfully initiated and shall provide the USER with the following information: the transaction reference and the main characteristics associated with it (account debited, recipient of the transfer, transaction amount);
    3. Where applicable, FINTECTURE shall notify the USER of the refusal to initiate the transfer request, as well as the reason for the refusal, unless prohibited by law. Pursuant to Article L133-10 of the Monetary and Financial Code, when the refusal is justified by a material error, FINTECTURE shall indicate, if possible, to the USER the procedure to follow to correct this error.

    The PARTNER's role is limited to connecting the USER and FINTECTURE via the PARTNER Site in order to enable the USER to use the Payment Initiation Service provided by FINTECTURE. As such, said Service is provided by FINTECTURE independently of any underlying obligation between the USER and the PARTNER plays no role in the provision of the Payment Initiation Service to the USER.

    The use of the Payment Initiation Service by the USER does not require the creation of any personal space with FINTECTURE.

    The USER authorises FINTECTURE to contact the USER in order to assist him/her in his/her user experience when he/she has not finalised the payment process.

    5.2 Irrevocability of the transfer order

    In accordance with Article L.133-8 of the Monetary and Financial Code, the USER is informed that he cannot revoke a transfer order initiated by FINTECTURE once the USER has given his consent to the initiation of the transfer by FINTECTURE. This consent is considered to have been given by the USER when he validates all the characteristics constituting his transfer request (the amount of the transfer, the Account to be debited and the beneficiary of the transfer) with the managing PSP according to the procedure provided by the latter.

    5.3. Commitments of the USER

    In order to use the Payment Initiation Service, the USER must (i) be a resident of one of the countries of the European Economic Area (EEA) and (ii) have full legal capacity to enter into a contract. When using the Payment Initiation Service, the USER agrees to:

    1. Use exclusively an Account opened in its name and located in the European Economic Area;
    2. Check that the URL of the authentication page belongs to its PSP Manager;
    • Consult the payment transactions executed by the managing PSP, to ensure that the transfer is properly executed by the latter;
    1. Report to his PSP Manager and to FINTECTURE, without delay and at the latest within thirteen months following the debit date, any unauthorised or incorrectly executed payment transaction initiated by FINTECTURE that he notices and/or contests. In the absence of a dispute within the time limit, the payment transactions concerned will be considered as definitively approved.

    5.4. Commitments of FINTECTURE

    The initiation of the payment by FINTECTURE is carried out under the conditions provided for in articles L133-1 to L133-45 of the Monetary and Financial Code. In this respect, FINTECTURE undertakes in particular to:

    1. Not hold the USER's funds at any time in connection with the provision of the Payment Initiation Service;
    2. To ensure that the USER's Personalised Security Data is not accessible to parties other than the USER and the sender of the data and to ensure that the data is transmitted through secure and efficient channels;
    • Ensure that any other information relating to the USER, obtained in the course of providing the Payment Initiation Service, is disclosed only to PARTNER and only with the USER's consent. The USER agrees that FINTECTURE may communicate the USER's IBAN to the PARTNER in a secure manner in the context of a reimbursement of the USER by the PARTNER;
    1. Do not store sensitive Payment Data about the USER;
    2. Not to ask the USER for any data other than that required to provide the Payment Initiation Service;
    3. Not to use, consult or store data for purposes other than the provision of the said Service expressly requested by the USER;
    • Do not change the amount, beneficiary or any other feature of the payment transaction;
    • Communicate with the PSP Manager, the USER and the PARTNER in a secure manner.

    6. Terms and conditions of the Information Service

    6.1. Description of the Information Service

    FINTECTURE provides the USER with an Information Service allowing the USER to authorise FINTECTURE to access in a quick, easy and secure way information on his Account (IBAN, name of the account holder...) for the following purposes (hereinafter the " Purposes "):

    1. Receive payments and/or refunds from PARTNER; or
    2. Confirm eligibility to initiate a transfer order for a deferred payment and verify the accuracy of the information provided by the USER.

    This Service works as follows:

    1. By clicking on a link (or by scanning a QR code), the USER is redirected to the Connect Space and is invited to select his or her PSP Manager from the PSP Managers listed;
    2. The USER is redirected to the interface of his PSP Manager and follows the procedure specific to the latter to identify himself and possibly authenticate himself strongly with his personalised Security Data. The USER is informed that FINTECTURE only redirects the USER to the interface of his PSP Manager and does not intervene in the authentication process;
    • The USER confirms that he/she authorises FINTECTURE to access his/her Account information for the Purposes specified.

    The role of the PARTNER is limited to connecting the USER and FINTECTURE via the PARTNER Site in order to allow the USER to use the Information Service provided by FINTECTURE. As such, said Service is provided by FINTECTURE independently of any underlying obligation between the USER and the PARTNER plays no role in the provision of the Information Service to the USER.

    The use of the Information Service by the USER does not require the creation of any personal space with FINTECTURE.

    The USER authorises FINTECTURE to contact the USER in order to assist him/her in his/her user experience in case of difficulties encountered by the USER.

    6.2. Commitments of the USER

    In order to use the Information Service, the USER must (i) be a resident of one of the countries of the European Economic Area (EEA) and (ii) have full legal capacity to enter into a contract.

    When using the Information Service, the USER undertakes to :

    1. Use exclusively an Account opened in its name and located in the European Economic Area;
    2. Check that the URL of the authentication page belongs to its PSP Manager.

    6.3. Commitments of FINTECTURE

    The Information Service is provided by FINTECTURE under the conditions set out in Article L133-41 of the Monetary and Financial Code. In this respect, FINTECTURE undertakes in particular to:

    1. To obtain the express consent of the USER ;
    2. Ensure that the USER's Personalised Security Data is not accessible to parties other than the USER and the sender of such data and ensure that it is transmitted in a secure manner;
    • Communicate with the PSP Manager, the USER and the PARTNER in a secure manner;
    1. Access only information from the USER's designated Accounts and associated payment transactions;
    2. Do not request sensitive Payment Data related to Accounts;
    3. Use, consult or store data only for the purpose of providing the Information Service expressly requested by the USER.

    7. Professional secrecy

    In accordance with the provisions of article L.522-19 of the Monetary and Financial Code, FINTECTURE is bound by professional secrecy.

    However, it follows from these legal provisions that :

    1. Professional secrecy may not be invoked against certain authorities, in particular the tax and customs authorities, the Banque de France, the ACPR and the judicial authority acting in the context of criminal proceedings;
    2. This professional secrecy does not prevent FINTECTURE from communicating information to third parties for the purposes of certain operations mentioned in Article L.522-19 of the French Monetary and Financial Code, and in particular to third parties with whom it has concluded service contracts with a view to entrusting them with important operational functions. In this context, persons receiving information covered by professional secrecy are required to keep it confidential, except where the above-mentioned legal exemptions may apply;
    • FINTECTURE may communicate information covered by professional secrecy to designated third parties on a case-by-case basis and only with the express authorisation of the USER.

    8. Personal data

    For the purposes of this article, all words beginning with a capital letter and not specifically defined in the TOS shall be deemed to have the same meaning as in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter the " RGPD ").

    As part of the performance of the GTUs and the provision of the Services, FINTECTURE, as the Data Controller, is required to process Personal Data concerning the USER. In this respect, the USER undertakes to comply fully with the regulations applicable to the Processing of Personal Data (hereinafter the " Applicable Regulations ") and in particular the RGPD and Law no. 78-17 of January 6, 1978 as amended by the law of June 20, 2018 (hereinafter the " Data Protection Act ").

    The terms and conditions of the Processing carried out by FINTECTURE as well as the USER's rights are detailed in FINTECTURE's Data Protection Policy accessible at the following address: https: //www.fintecture.com/privacy_fr/. The USER may at any time exercise his rights with FINTECTURE by contacting the Data Protection Officer appointed by FINTECTURE at the following address: dpo@fintecture.com.

    9. Security of Services

    As a Payment Institution carrying out activities authorised and controlled by the ACPR, FINTECTURE considers Data security as its priority. As such, FINTECTURE implements and undertakes to maintain appropriate technical and organisational security measures in accordance with the highest and most proven standards of computer security. FINTECTURE uses high level encryption algorithms to guarantee the integrity of the Data and is regularly audited by independent companies recognised in the field of computer security.

    The USER undertakes to :

    1. Not to commit any act likely to jeopardise the security of FINTECTURE's information systems;
    2. Immediately notify FINTECTURE of any suspected fraudulent access to or use of its Account or any event that may lead to such fraudulent and/or unauthorized use of the Services, such as, but not limited to: loss, theft, accidental disclosure, misappropriation or any compromise of its Account credentials and other Data or an unauthorized transaction. This notification must be made by sending an e-mail to the following address: contact@fintecture.com.

    10. Anti-money laundering and fraud

    10.1. Combating money laundering and terrorist financing

    ‍In accordance with Articles L.561-2 et seq. of the French Monetary and Financial Code, FINTECTURE is an entity subject to French and European anti-money laundering and countering the financing of terrorism regulations (" AML-CFT Obligations ") and is required to perform the necessary due diligence in connection with the use of the Services by PARTNER and/or USERS.

    In this respect, FINTECTURE may set up systems of surveillance, control and limitation of the Services in order to fight against money laundering and terrorist financing. FINTECTURE also reserves the right to request proof of identity as well as any other document relevant to the use of the Services and useful for FINTECTURE's compliance with its legal obligations, in particular with regard to the fight against money laundering (document proving the identity of the USER, Kbis extract for legal entities, proof of address, any information or proof concerning the transaction carried out...). In the event of non-transmission of these documents and information requested, FINTECTURE reserves the right to refuse to provide the Services.

    In application of article L561-12 of the Monetary and Financial Code, FINTECTURE keeps these documents and information for a period of up to five (5) years from the end of the contractual relationship.

    No prosecution may be based on articles 226-13 and 226-14 of the Penal Code and no civil liability action may be brought or professional sanction pronounced against FINTECTURE, its managers or employees or against any other person referred to in article L.561-2 of the Monetary and Financial Code who have made the declarations mentioned in articles L.561-22 of the same code in good faith.

    10.2. Combating fraud and the risk of non-payment

    In accordance with the article L521-6 of the Monetary and Financial Code, FINTECTURE can be led to carry out operations of prevention, research and detection of frauds as regards payments and limitation of the risk of non-payment. In this respect, in case of suspicion of fraud or important risk of non-payment, FINTECTURE can be led to set up systems of limitation of the Services with the aim of fighting against fraud in payments.

    11. Intellectual property

    These GTCU do not grant the USER any Intellectual Property Rights on the Solution and the elements composing it or made available to the USER by FINTECTURE, including software, applications, brands, interfaces, databases, know-how, data, texts, presentations, illustrations, computer programs, animations, and all other information made available to the USER (the " Elements "). As such, the Elements are and remain, either the exclusive property of FINTECTURE, or subject to a license granted to FINTECTURE by a third party holding these rights.

    The USER is not authorized to reproduce, represent, modify, translate and/or adapt, partially or totally, each of the Elements without the prior written consent of FINTECTURE and shall refrain from any act likely to directly or indirectly infringe FINTECTURE's Intellectual Property Rights on the Elements.

    FINTECTURE grants the USER, on a non-exclusive basis, for the whole world and for the duration of the GTC, the right to access and use the Connect Space, this right of use not conferring any Intellectual Property Rights on the USER.

    The names, brands, products or services of the PSP Managers referenced by the Services do not imply the existence of a commercial partnership between these PSP Managers and FINTECTURE or a recommendation of their products or services. These elements are displayed only to allow the USER to select his PSP Manager.

    12. Liability

    12.1. General responsibility of FINTECTURE

    FINTECTURE undertakes to provide the Services in accordance with the provisions of the TOS.

    FINTECTURE cannot be held responsible in case of damage caused to the USER resulting from an external cause not linked to the provision of the Services, not attributable to FINTECTURE and independent of the latter. This may include any damage resulting from the following events:

    1. Any fault, any abusive or fraudulent use of the Services or any non-compliance with the GTC by the USER;
    2. The failure of one of the third-party entities involved in the payment chain, including but not limited to payment servers and systems, bank verification and authentication systems, SEPA transfer systems of payment service providers, interbank transfer systems, electronic money systems and flow processing systems;
    • A malfunction of the Internet network, the telecommunications network or the electrical network, unless these malfunctions can be attributed to FINTECTURE;
    1. A malfunction related to the functioning of the PARTNER's site and/or its information systems;
    2. A malfunction or interruption of the APIs made available by the PSP Managers, the latter remaining beyond the control of FINTECTURE;
    3. The communication by the managing PSP of an incorrect payment status or any inconsistency between the payment status communicated by the managing PSP and the settlement of the payment;
    • Refusal of the payment transaction by the managing PSP, including in the event that the limits applicable by the latter are exceeded;
    • Phishing (theft of personalised security Data...) or compromise of Data not attributable to FINTECTURE ;
    1. Access by a third party, whether or not authorised by the USER, to his Data, unless this access can be imputed to FINTECTURE ;
    2. The transmission of incorrect information by the USER, the PARTNER or the PSP Manager to FINTECTURE, including documents and proofs requested by FINTECTURE in the context of the fight against money laundering and terrorist financing;
    3. In the event of force majeure, as defined in Article 1218 of the French Civil Code and as interpreted by the case law of the French courts. This includes in particular natural disasters, fires, internal or external strikes, breakdowns, shortages, war, power cuts, telecommunication network failures, loss of Internet connectivity due to public or private operators and, in general, any event beyond the control of FINTECTURE and making it impossible to execute the GTC.

    Furthermore, the USER acknowledges that FINTECTURE does not intervene in any way in the commercial and contractual relations and possible disputes, commercial or not, between the PARTNER and the USER in relation to a good or service marketed by the PARTNER and does not exercise any control over the conformity, safety, legality, characteristics and appropriateness of these goods and services. In this respect, the USER is informed that the PARTNER remains solely responsible for the goods and services it markets to its customers via the Solution.

    FINTECTURE does not offer any guarantee regarding the list of PSP Managers connected to the Services, as this list may be modified at any time.

    12.2. FINTECTURE's liability specific to the Payment Initiation Service

    In accordance with Articles L.133-18 et seq. of the Monetary and Financial Code, when, in the context of a payment transaction initiated by FINTECTURE, the USER denies having authorised a payment transaction which has been executed, or when the payment transaction has not been executed correctly, it is FINTECTURE's responsibility to prove :

    1. that the payment order has been received by the managing PSP and that, as far as FINTECTURE is concerned, the payment transaction has been authenticated, duly recorded and correctly executed and has not been affected by any technical or other deficiency in connection with either the service it provides or the non-execution, poor execution or late execution of the transaction; OR
    2. that the USER has acted fraudulently or has failed, intentionally or as a result of gross negligence, to fulfil his obligation to inform FINTECTURE in the event of knowledge of the misappropriation or any unauthorised use of the Service.

    When this proof is provided, FINTECTURE cannot be held responsible in case of non-execution, bad execution or unauthorised execution of the payment transaction.

    12.3. Responsibility of the USER

    The USER undertakes to use the Services in strict compliance with the GTUs and the applicable laws and regulations. In case of non-compliance with one or more stipulations of the GTCU, the USER may be held responsible and may be required to compensate FINTECTURE for any consequences that may result.

    The USER remains solely responsible for the use of his Data and the equipment and software he uses to use the Services as well as for the implementation and maintenance of appropriate security and confidentiality measures to protect them (backup, updates, password security...). The USER remains solely responsible for the use of his Data in case he would export and store them on any support external to FINTECTURE.

    13. Suspension of Services and Termination

    In the event of a breach by the USER of one or more of its obligations under the GTUs, FINTECTURE reserves the right, as soon as the breach(s) is (are) noted, to suspend the provision of the Services and to terminate the GTUs, without notice or right to compensation. In this case, FINTECTURE will inform the USER as soon as possible by any means.

    14. General provisions

    The USER is informed that, due to the nature of the Services provided, the withdrawal period provided for in Articles L. 222-7 et seq. of the Consumer Code is not applicable.

    The GTCU, as well as the rights and obligations related to it, cannot be assigned, conceded, delegated, transferred in any way whatsoever, in whole or in part, whether in return for payment or free of charge, by the USER, without the prior written consent of FINTECTURE.

    In the event that any of the provisions of the TOU are deemed invalid by virtue of a legal principle, law, regulation or invalidation by a court decision, the parties agree that the remaining provisions of the TOU shall remain in force.

    Unless otherwise provided, the fact that one of the parties has not required the application of any provision of the GCU shall not be considered as a waiver of the rights of that provision under the said provision.

    The official language of the TOS and the provision of the Services is French. The French version of the TOS prevails over any translated English version.

    15. Claims and mediation

    15.1 Complaints

    For any question or difficulty of a technical, administrative or commercial nature, or for any claim relating to the use of the Services and the Solution, the USER may :

    1. First, contact FINTECTURE support at support@fintecture.com.
    2. Secondly, send a complaint by post to the following address: FINTECTURE SAS, 5 avenue du Général de Gaulle, 94160 Saint-Mandé.

    In the event of a complaint, FINTECTURE will make its best efforts to acknowledge receipt of the complaint within a maximum of ten (10) days and provide a definitive response to the USER within a maximum of two (2) months from receipt of the complaint. FINTECTURE will also keep the USER regularly informed of the processing of his complaint. FINTECTURE may request any document (proof, written statement, etc.) in support of the USER's claim.

    15.2. Amicable settlement and mediation

    In the event of a dispute between the USER and FINTECTURE in relation to the execution of the GTC and the provision of the Services, the USER and FINTECTURE will endeavour to find an amicable solution to their dispute.

    In application of articles L612-1 of the Consumer Code and L.316-1 of the Monetary and Financial Code, the USER, when acting for non-professional purposes, is informed of the possibility of referring to the AFEPAME mediator free of charge and in all circumstances:

    1. By electronic referral from the AFEPAME consumer ombudsman website: mediateur-consommation-afepame.fr;
    • By simple mail to the following postal address: "AFEPAME's Consumer Mediator c/o WEBHELP GRAY - Zac de Gray - Impasse Clément Ader 70100 Gray".

    Any referral to AFEPAME's Consumer Mediator shall be acknowledged to the USER and an admissibility study carried out within three weeks of the date of the request. If the parties agree to enter into mediation, the outcome of the mediation shall, in principle, take place within a maximum period of 90 days from the date of the notification of admissibility sent by the AFEPAME consumer mediator to the USER, in accordance with Article R612-2 of the Consumer Code.

    Recourse to mediation by the USER remains optional and does not constitute a necessary prerequisite for referral to a judge.

    16. Applicable law and jurisdiction

    The TOS and all matters relating to their execution or interpretation are governed by French law.

    For the settlement of any dispute that FINTECTURE and the USER are unable to resolve amicably, the French courts shall have exclusive jurisdiction.