Podmínky použití identity & Payment Applications Pleenk • Pleenk

Subscription Refers to the purchase, by a Customer, of a paid Service offered by the Company and implying acceptance of these T&Cs.

Buyer Means the User who purchases products and/or services via Partners and uses the Services for the purpose of issuing online payments.

Client (s) Means the Users who have subscribed to one or more of the Services marketed by the Company.

Account Means the Account opened on the Platform by a User, which conditions the use of and access to the Services.

CG Means these general conditions applicable to Users and Customers of the Company.

AML /CFT Means the “Anti-Money Laundering and Anti-Terrorism Financing” obligations to which the Company is subject. Partner Means the trading platforms external to the Company holding a

reception portfolio hosted by the Company.

Parties Means the Company and the Users and/or Customers, parties to these T&Cs.

Platform Means the “Pleenk” Platform.

Wallet Means the Client's personal wallet containing the Stablecoins held and managed on behalf of the Client by the Company through a Custody Provider.

PSAN Designates the status of Digital Asset Service Provider.

Payment Service Provider Means the payment service providers approved by the Prudential Supervision and Resolution Services Authority, the Company's co-contractor and the PSP enabling it to provide Payment Services to Customers.

Service (s) Means the services provided to Customers by the Company as part of the operation of its activities.

Third Party Services Means all services not provided by Pleenk such as Partner platforms.

Site Means the website pleenk.com and all its related domains or subdomains.

Company Refers to Hyperweb, operator of the Site and the Platform, a simplified joint-stock company with share capital of €10,000, registered with the Paris Trade and Companies Register under number 890 774 136 and domiciled at 66 avenue des Champs Elysées, 75008 Paris.

Stablecoins Exclusively refers to digital assets that Customers may acquire, own or transfer during or at the end of their subscription to the Services.

User (s) Means any natural or legal person accessing the Platform or the Site as a simple Internet user or Customer of the Services.

Seller Means the User who sells products and/or services through Third Party Services and uses the Services for the purpose of receiving payments online.

1. Acceptance of risks

By accepting these T&Cs, Users and Clients are aware that the Services offered by the Company relate to the digital assets sector and are directly linked to blockchain technology . Consequently, Users are aware of the technical risks associated with the Services offered, including the risks related to an error or security failure, whether or not associated with blockchain , which may result in a loss of data or access to stored digital assets. The risks are recalled in Appendix 1. If Users do not accept them or are unable to understand them, they must refrain from using the Services.
Finally, while the Company strives to provide access to accurate and precise content on the Site and Platform, it does not guarantee its completeness. Therefore, Users acknowledge having carried out personal research before subscribing to any of the Services and having informed themselves about the risks inherent in their use.

2. Purpose

Contractual package. These General Terms and Conditions and the Privacy Policy available on the Site and the Platform constitute a legally binding contractual package, concluded between the Company and the Users.
These T&Cs are accessible at any time on the Site and the Platform and prevail over any previous version. The applicable version is the one in force on the Site and the Platform.
Subject to the provision of proof to the contrary, the data recorded by the Company's computer system constitutes proof of all transactions carried out by the User during their use of the Services.
Acceptance of the T&Cs. These T&Cs are transmitted to Users who accept them upon creation of the Account and continue to apply on the occasion of any one-off transaction and during any Subscription taken out for one or more Services marketed by the Company.
The User guarantees that he/she has the capacity and authority necessary to enter into these Terms and Conditions and to use the Services and declares that he/she has read and accepted these Terms and Conditions by checking the box to this effect.
Acceptance of these T&Cs is necessarily full and complete. Any acceptance subject to certain reservations is considered null and void. Any User who does not agree to be bound by these T&Cs will not be able to access the Services.
These T&Cs should be understood in conjunction with the additional information contained in the FAQs, the Privacy Policy and the Pricing Conditions available on the Site or the Platform.
Modification of the T&Cs. The Company reserves the right to modify these T&Cs at any time and at its sole discretion. In such a situation, the version of the T&Cs applicable to the contractual relationship between the User and the Company will be the one in effect on the date the User's Account was created.
Users will be notified of these changes by email or on the Site and Platform. It is the Users' responsibility to review the revised terms and conditions and explicitly accept them before accessing the Site and Platform again.
It is advisable to keep them in paper format or save them on a secure computer medium.

The Site is accessible free of charge to anyone.
On the Site and the Platform, the Company provides Users with all relevant information relating to the understanding, subscription, operation and use of the Services offered.
All information, details, descriptions, statistics, and data, including performance indicators, are provided to Users for informational purposes only. Nothing on the Site or Platform may be interpreted as a recommendation to take any action. The Company strives to provide access to fair and accurate content, but does not guarantee its completeness.
The Site and the Platform may contain links to Third Party Services, which may be subject to terms of use and privacy policies that differ from those of the Company. The User understands and agrees that the Company is in no way responsible for the availability, security or reliability of these Third Party Services, nor for the content, products or other services made available by these Third Party Services.
The Services described in Section 5 are accessible only via the Platform. In order to access them, Users must create an Account under the conditions described below.

4. Account

The Services are only accessible to Users who have an Account opened on the Platform.
Unless otherwise stated, a User is prohibited from creating multiple Accounts.
Accounts are accessible 24 hours a day, 7 days a week, except for maintenance or updates.
The Account holder, whether a legal entity or natural person, expressly declares that they have the capacity and/or have received the required authorizations to use the Services provided by the Company and guarantees the latter against any liability that it may incur due to a false declaration.
The Account Holder declares that he/she is acting in his/her own name. The Account Holder is obligated to use the Services in good faith, for lawful purposes and in accordance with the provisions of these T&Cs.
Unless proven otherwise, the Client acknowledges that the computer data recorded by the Company or Third Parties constitutes proof of all operations initiated or requested by the Client and the Company via the Platform.

4.1. Creation and access to the Account

AML/CFT measures. In the course of carrying out its activities and in particular the provision of digital asset services to its Clients, the Company is subject to the obligation to comply with the criminal and regulatory provisions relating to the fight against money laundering and the fight against the financing of terrorism (AML/CFT).
The User is aware that opening an Account is subject to the submission and validation of identification documents and financial information required in accordance with AML/CFT requirements, possibly through a partner. In the absence of a response to its requests, the Company may restrict access to the Client's Account and/or suspend the Services.
In view of its obligations, the Company reserves the right to block all Services in the event of suspicion of fraud or violation of applicable AML/CFT rules.
Mandatory information. Any User can create an Account on the Platform by:

Indicating his telephone number or email address (identifier);
Setting a strong password containing at least 8 characters;
Confirming his identity via a valid identity document (identity card or passport);
Indicating whether he is acting in a professional or personal capacity;
Providing information related to his professional activity;
Accepting these T&Cs, the Privacy Policy and the Pricing Conditions.

Optional information. The User is then invited to complete their Account by providing:

A means of payment for the Buyer and/or a bank account number for the Seller, in order to be able to issue and/or receive payments via the Platform;
Their place of residence and their annual net income, to strengthen the certification of their Account and increase their payment limits.

Account Security. The Customer is solely responsible for keeping their password secure. They must not disclose it under any circumstances, as it is strictly personal and confidential. The Customer is responsible for any use, whether authorized or unauthorized, of their Account. In the event of fraudulent access to their Account, loss, or disclosure of their password, the Customer agrees to immediately notify the Company at help@pleenk.com .
Unless this is due to negligence or fault on its part, the Company cannot be held responsible for the loss or theft of the Client's identifiers and the consequences thereof.
The Client undertakes to provide authentic information regarding their civil status. The Company cannot be held responsible for any errors in the information provided by the Client.

4.2. Blocking of the Account

The Company reserves the right, at any time and at its sole discretion, to temporarily block an Account, including, but not limited to, the following cases:

The Customer breaches any of the provisions of these T&Cs;
The Company notes that the identification information provided by the Client as part of the anti-money laundering and anti-terrorist financing obligations to which the Company is subject is false or incomplete;
The Customer makes this request following the loss or theft of his password or in the event of suspicion of fraudulent activities (particularly in the event of identity theft).

Customers affected by the blocking will be notified of the measure without delay and by any means. The blocking of the Account shall not cause any harm to the Customer.
Reactivation of the Account may be subject to the Client providing additional documents that may be requested. In this regard, the Company reserves the right to apply penalties or to collect the costs incurred for reactivation of the Account.

4.3. Account Suspension

The Customer can temporarily suspend his Account at any time via the “suspend my account” tab or write to support contact@pleenk.com .
Suspension of the Account results in a temporary suspension of access to the Services.
The Customer is free to reactivate his Account at any time by writing to support contact@pleenk.com .

4.4. Deletion of Account

The Customer may delete their Account at any time via the “delete my account” tab or by writing to support at contact@pleenk.com , provided that they have no current transactions on the Account. If this is the case, the Account will only be deleted once the current transactions have been closed.
Deletion of the Account results in (1) the irreversible deletion of the Client's data and (2) the transfer of the Wallet balance to one of the Client's bank accounts.
If applicable, the Customer's Subscription will end on the last day of the month in which the Account was deleted.
The Company reserves the right to suspend or delete an Account in the event of a particularly serious violation of these T&Cs or in the event of proven risks of money laundering or terrorist financing.
The Company cannot be held responsible, under any circumstances, for the loss of data or digital assets resulting from the deletion of the Customer's Account.

5. Services

All Services offered by the Company to its Clients fall within the scope of Article L. 54-10-2 of the French Monetary and Financial Code. As such, the Company is registered with the Autorité des Marchés Financiers as a Digital Asset Service Provider (“ DSSP ”) for the purchase, sale and exchange of digital assets for legal tender or other digital assets, as well as for digital asset activities, under number E2021-025 .
The Company operates and makes available to its Clients the Platform dedicated to the provision of services relating to the storage, issue and receipt of payments in Stablecoins, a stable asset indexed to the euro and whose price is guaranteed by the issuer.
Each Account is associated with one or more personal electronic Wallet(s), allowing each Client to store the Stablecoins acquired through the Platform. A failure by an external custody provider shall in no case relieve the Company of its liability for the provision of this service.
Each Customer who has created an Account on the Platform and has subscribed to a Subscription (“Benefits” / “Companies” offers) or who wishes to carry out a one-off transaction (“Starter” offer without subscription), can:

Acquire Stablecoins;
Keep acquired Stablecoins in a Wallet;
Receive and issue payments in Stablecoins via Partners.

The Company may, at any time and at its sole discretion, cease providing any of the Services. However, such cessation will not affect the obligations of the Company and the Client in connection with any ongoing transaction.
Except in the context of compliance with a legal obligation, the Company and the Client undertake to keep strictly confidential any information relating to the use of the Services, the identity of the Client and the transactions carried out within the framework of a subscription to the Services.

5.1. Acquisition of Stablecoins

The Company allows Clients who hold an Account to acquire Stablecoins in legal tender and/or crypto assets. To do this:

the Client credits the balance of his Wallet (i) in legal tender by linking a bank card and/or a bank account and/or (ii) in cryptocurrencies by linking an external wallet;
The Company then delivers the Stablecoins to the Client’s Wallet.

The Company may at any time modify the crypto assets supported by the Service and modify (remove or add) the available Stablecoins.
If the Company is responsible for an incorrectly executed transaction, it will promptly return the corresponding amount to the Client and restore the debited Portfolio to the position it would otherwise have been in.

5.2. Issuance and receipt of payments

Customers with an Account may use their Wallet to pay a Seller or receive payment from a Buyer.
Buyers. Buyers wishing to make purchases on Partner platforms or directly from a Seller can issue a payment by selecting their Wallet as the payment method.
For the payment to be validated, the Buyer must have credited their Wallet with a sufficient balance. Otherwise, the payment will not be recorded until the Customer has credited the missing amount from their bank card, bank account, or external wallet.
Sellers. Sellers and Partners wishing to sell products and/or services can receive payments from Buyers in their Wallet. Sellers can receive payments in legal tender or cryptocurrencies, which will be converted into Stablecoins and delivered to the Wallet.
To receive payments, the Seller must have linked his bank account to his Account, under the conditions specified in the Section “Creation and Access to the Account”.

5.3. Conservation of Stablecoins

The Company allows Clients who hold an Account to keep their Stablecoins in their Wallet.
By agreeing to the Company holding its Stablecoins on its behalf for the duration of the holding period, the Client expressly authorizes the Company to use them in order to manage the transactions ordered by the Client, including in the event of a change of underlying Stablecoins in their Wallets.
The Company will not use the Client's Stablecoins and the rights attached thereto without the Client's express consent, except for their handling within the framework of a transaction ordered by the Client and their conservation.
The Client may credit or debit its Wallet from or to (i) an external wallet or (ii) a bank account at any time, subject to transaction fees, the details of which are displayed on the Platform.
The Company ensures the safekeeping of the Client's Stablecoins acquired through its intermediary, until (i) the Client requests their withdrawal to their external wallet or their conversion into euros and transfer to their bank account, (ii) the closure of the Account or (iii) the termination of these General Terms and Conditions.
The Company ensures, as far as possible, that the necessary means are put in place to return the Stablecoins to the Client, except in the event of failure by the company issuing the Stablecoins.
The Wallet balance is accessible (i) on the Platform (except in the event of a technical incident, in particular linked to a power outage, an interruption of connections, a malfunction or even an overload of networks or systems) and (ii) by the Client only.
The Company will ensure that the position of each of its Clients is maintained in secure databases, and will communicate to the Client, in response to any request from the Client, a statement of the position of the Stablecoins recorded in custody on their behalf.
The Company implements the means at its disposal to ensure the security of the Stablecoins stored on the Platform. The Company is responsible for the safekeeping of the Client's Stablecoins, including in the event of failure of its safekeeping service provider. It undertakes to compensate Clients in the event of loss due to a fault committed in the provision of this Service but cannot be held liable for losses resulting from a fault or negligence of the Client or a case of force majeure.
The Company undertakes to return to the Client who requests it his Stablecoins in custody as soon as possible, except in the event of an event not attributable, directly or indirectly, to the Company, and in particular when:

The Customer's Account has been suspended or closed;
The Company must carry out checks;
The Company suspects that the Customer is not the originator of the restitution request;
A competent authority objects to such restitution;
The Company suffers or has suffered a cyberattack, is the subject of an attack or attempted logical attack, a virus, a physical attack on its premises or undermining the integrity of its personnel in the exercise of their functions;
The Application and more generally the Company's IT systems are undergoing maintenance;
A partner platform opposes it;
The Client has died or is no longer contactable;
The company issuing the stablecoins has suffered a failure.

5.4. Identity Authentication

The Company provides a Customer authentication and identity management service. This service allows Customers to easily authenticate themselves on Partner platforms. To do this, Customers must:

Have a valid Account under the terms of Section 4;
Provide all documents required by the Company in order to verify the Client's identity in accordance with AML-CFT requirements.

If these conditions are met, the Company acts as a trusted third party between Customers and Partners, in order to validate their identity, age and place of residence on said platforms. This authentication can be anonymous or transparent for the user depending on the service or Partner site. The User will be notified of the anonymous certification of personal data (e.g. age). For certain services or Partner sites that require transparency, the user has the ability to authorize or not the sharing of personal data requested by the service or site (e.g. name, nationality, etc.).

This data is not communicated to third parties without the User's prior consent. The management of personal data collected is covered in the Company's privacy policy.

The Company regularly checks the validity of the Client's identity.
In the event of expiry of one or more identity documents after the creation of the Account by the Client, the Company will request that the said document be updated by the Client.
If expired information is not updated, the Company will not be able to validate the Client's identity. The service will be reactivated after validation of the verification of the updated information and/or documents.

6. Modification of Services

The Company may modify the list of Services offered at any time, in particular for legal or security reasons, but also without reason.
In particular, the list of Stablecoins offered by the Company is subject to change at any time, without notice. The Company may also cease to provide a Service on one or more given Stablecoins.
In such a case, the Company will inform the Clients by any means, as soon as possible and will make its best efforts to enable the Clients to withdraw their Stablecoins to an External Wallet, convert them into other Stablecoins still supported by the Services, or sell them for euros.
The modification of the Services will not give rise to any compensation for the benefit of the Customers.

7. Pricing*

Subscription Terms and Conditions, “Benefits” offer. The Customer who wishes to subscribe to a paid Service must create an Account. The Customer may choose to limit themselves to the use of free Services (“Starter” offer) or choose paid Services (“Benefits” offer). To do this, the Customer must select the desired Subscription package on the Platform, confirm this choice and pay the price mentioned.
Following payment by the Customer, the Company will send them by email, to the address provided during registration, a summary of the order, the corresponding invoice and these General Terms and Conditions accepted upon payment.
The Company reserves the right to refuse or cancel any order in the event of insufficient funds or a dispute between the Company and said Customer regarding payment for a previous order.
In the event of unavailability of a Service after payment of the order by the Customer, the Company will inform the Customer as soon as possible in order to cancel the order and refund the payment.
Price. The price of the Subscription and Services may change at the Company's sole discretion. The Company undertakes to inform Customers in advance of any changes to the price applicable to the subscription to the Services.
Furthermore, as part of a subscription to the Services, brokerage and network fees may apply to the transactions carried out, which the Client agrees to pay: the Client is deemed to have consulted the price list relating to each Service before carrying out a transaction there.
On the Site, the prices of Subscriptions and Services are expressed in euros, all taxes included (TTC). Blockchain transaction fees are the responsibility of the Customer and are indicated on the statements.
The Company reserves the right to apply retention fees for Portfolios remaining inactive for more than one (1) year, at the rate indicated on the Platform.
A Wallet can be loaded by bank card or SEPA transfer, through a Payment Service Provider, or from an external wallet, subject to the relevant transaction fees. For all other operations (subscription, transaction, withdrawal, etc.), fees are debited directly from the Customer's Wallet.
In the event that taxes are applicable to the sale of Stablecoins, these taxes will be the responsibility of the Buyer.
For further information, the User is invited to consult the FAQs and the Pricing Conditions available on the Platform.
Professional Client . Any failure or delay in payment will automatically result in the invoicing of €50 including VAT as processing fees. The amounts owed by the Professional Client will bear interest at a rate of 1% per year until full payment, even in the event of termination of the contract. The Company reserves the right to offset any certain, liquid and due debt it holds against the amounts owed to the Professional Client.
Error. In the event of an obvious error in the price display, the Company cannot be held liable for the price indicated in error. It may cancel the sale by reimbursing the Customer for the price paid.

8. Right of withdrawal

The purchase and sale of Stablecoins does not give rise to a right of withdrawal for the benefit of the consumer Customer because these are digital contents not supplied on a physical medium, the delivery of which takes place, at the request of the Customer, before the expiry of the legal withdrawal period.
Consequently, by accepting these General Terms and Conditions, the Customer declares that they expressly waive their right of withdrawal for the purchase and sale of Stablecoins. The Customer may, however, recover (i) the funds used to purchase the Stablecoins by converting them into fiat via the Platform or (ii) the Stablecoins by transferring them to an external wallet; under the conditions set out in Article 5 above.
The Subscription to the Services is subject to a 14-day right of withdrawal for the benefit of the Consumer Customer.
However, if the Customer wishes the Services to be provided by the Company before the end of the 14-day withdrawal period, his right of withdrawal will be lost if the Service is fully provided to him before the end of the said period.
If the services are not provided in full at the end of the 14-day withdrawal period, the Customer who has exercised his right of withdrawal must pay the Company an amount corresponding to the service provided until the communication of his decision to withdraw.
The Subscription will be refunded using the same payment method used to make the purchase, unless the Customer requests a refund using another payment method. If the Customer chooses a payment method other than the one used for the purchase and this results in additional costs, these costs will be borne by the Customer.
Payments made by Customers from the Platform are subject to the Partners' withdrawal conditions.

9. Responsibility of Users and Customers

The User undertakes to use the Platform and the Account under the conditions provided for in the General Terms and Conditions and, where applicable, in the General Terms and Conditions in the event of subscription to the Services.
Each User undertakes not to make illegal, fraudulent, malicious or bad faith use of the Platform and the Services, in particular, if this harms their use by other Users.
The Company reserves the right to suspend or delete a User's Account, in violation of these T&Cs, without notice or compensation.
Regardless of the Service to which the Client subscribes, the latter undertakes to:

collaborate with the Company in order to provide it, as quickly as possible, with all usefully requested information;
not to contravene, through the use of the Services, applicable laws and regulations;
assume sole responsibility for all administrative, social and fiscal formalities as well as the payment of contributions, taxes and duties of any kind for which it is liable due to the use of the Services;
cooperate with the Company for the proper execution of these presents;
indemnify the Company against any complaint, recourse, action, claims and/or demands whatsoever resulting from the violation by the Client of these T&Cs.

In particular (non-exhaustive), Users and Customers undertake not to use the Services for the following activities:

Weapons and ammunition;
Drugs and narcotics;
Real sexual performances;
Stolen objects and data;

Users and Customers undertake to compensate the Company for any damages it may suffer and to pay it all costs, charges and/or penalties it may have to bear following the violation of the above obligations or any clause stipulated herein.
The Client guarantees the Company against any breach exceeding the foreseeable risk and any fraudulent or bad faith use of the Services.
Customers are fully responsible for all consequences related to the use of their Account and are deemed, unless proven otherwise, to be the authors of any instructions given as well as any transactions carried out, and more generally of any changes affecting the Account.

10. Liability of the Company

Towards Users. The Company strives to provide the User with access to the Platform and the Site, to the information, content and hyperlinks available and verified. However, this access is provided free of charge to Users, who cannot hold the Company responsible for their unavailability alone.
In particular, the Company makes its best efforts to ensure the security of the Platform and the Site, however, it cannot be held responsible for direct or indirect damage resulting from:

from a bug , computer virus, accidental malfunction of the software implemented, unless it results from a fault or negligence on its part;
fraudulent intrusion by a third party, resulting in a modification or loss of the functionalities, information or elements of the Site or the Platform, unless this intrusion results from a fault or negligence on its part.

Towards Customers. The Company undertakes to implement all necessary means to ensure the best possible provision of Services to its Customers. It undertakes to perform its obligations with the care normally expected of a professional in the same sector of activity and to comply with current professional practices. However, the Company may only be held to an obligation of means.
The Company does not guarantee continuous and uninterrupted access to the Services, particularly for maintenance and upgrade reasons. Consequently, it cannot be held responsible for any delay resulting from a suspension of the Services for maintenance reasons. In such a case, the Company will endeavor to process any pending requests and transactions as soon as possible, following the resumption of the Services.
The Client is solely responsible for the use and allocation of sums received or paid in connection with the use of the Services. The Company cannot under any circumstances be held liable for any misappropriation of funds or abuse of corporate assets committed by the Client.
In the event of failure of the Services, the Company is only liable for direct and reasonably foreseeable damages, unless otherwise provided by law or regulation.
In particular, the Company's liability shall be excluded in the event of any damage:

indirect, successive or consequential, such as commercial damage, loss of order, loss of turnover or loss of earnings;
arising from the risks inherent in the blockchain network (in particular volatility of cryptocurrency prices, transaction fees, etc.) and the protocol which may in particular lead to a lack of profitability;
arising from a bug, computer virus, malfunction (cybercrime) of the software implemented, or any other technological risk, not resulting from a fault or negligence on its part;
arising from any error in the display of prices by the Company or a Third Party Service, provided that it is not an intentional error by the Company;
arising from the loss by the Client of his identifiers allowing access to his Account and his Wallet;
arising from a failure by the Customer to keep the Account login information confidential or to keep it confidential;
arising from administrative, fiscal and social procedures in force and obligatory in the Client's country;
arising from the partial or total failure of its equipment by the Customer;
occurred or aggravated due to the action, intervention or omission of the Client;
occurred or aggravated due to fraud by the Client and in particular his misuse of the Services;
arising from the communication of incomplete or erroneous information by the Client;
arising from the unavailability or reasonable non-cooperation of the Client with the recovery efforts undertaken by the Company;
arising from the performance of preventive, corrective or evolutionary maintenance having been notified to the Client ten (10) days in advance by email to its contact address;
arising from a delay in delivery due to a cause beyond the Company's control;
arising from external factors such as theft, alteration, destruction or unauthorized access to the Services by a malicious third party, beyond any fault or negligence of the Company.

The Company's limitations of liability are only valid within the framework of applicable laws. They do not limit the Company's liability in the event of fraud, or damages due to the Company's negligence or willful misconduct.
For professional Clients exclusively, the Company's liability cannot be incurred beyond the amounts invoiced to Clients in accordance with the General Terms and Conditions during the twelve (12) months preceding the incident or series of incidents.

11. Force majeure

Any event beyond the control of the Parties, which cannot reasonably be foreseen and overcome, will be considered a force majeure event. Thus, the Company cannot be held liable for delays or failure to perform its contractual obligations resulting from the occurrence of events beyond its control, such as, in particular: acts of government, weather disturbances, absence or suspension of the supply of electricity, lightning or fire, decision of a competent administrative authority, war, public disturbances, acts or omissions on the part of other telecommunications operators, pandemic or other events beyond the reasonable control of the Company.
Any circumstances of this nature occurring after the conclusion of the contract and preventing the execution of the Services under normal conditions shall be considered as grounds for exemption from all or part of the Parties' obligations. Consequently, the Company shall not be held liable for any interruptions resulting therefrom.

12. Termination

Termination Events. In the event of a change in the applicable law or regulation and the interpretation thereof by the competent regulatory authority, affecting the ability of the Company or its employees to perform the Services subscribed to by the Client, these T&Cs will be automatically terminated.
These T&Cs will also be terminated automatically when the Client has initiated the procedure to delete their Account.
The termination of these T&Cs may, in any event, result from the sole initiative of the Company in the event of a violation of any of the provisions of the T&Cs.
Either Party may terminate these T&Cs for breach if the other Party materially breaches the T&Cs and fails to cure such breach within thirty (30) days of receipt of written notice.
In addition, if the Company ceases operations or becomes subject to insolvency proceedings and the proceedings are not concluded within 90 days, the Company may terminate its Services.
Consequences of Termination. Upon termination, all of the Customer's rights under these Terms and Conditions will terminate immediately and the Customer will remain liable for service fees until the termination date specified by the Company.
In addition, the termination of the contractual relationship between the Company and the Client pursuant to these General Terms and Conditions may result in the following consequences, from the effective date of termination:

the suspension of access to the Services and the closure of his Account. However, the Account may be kept open for a period of twelve (12) months in order to cover any possible disputes and subsequent claims. Transactions initiated before the effective date of termination will not be affected by the termination request and must be executed in accordance with the terms of the T&Cs;
the transfer of digital assets held within the Client's Wallet to an external wallet, as instructed by the Client, provided that any dispute between the Company and the Client is resolved as of the date of termination.

13. Suspension of access to the Services

The Company may immediately and without notice suspend or block access to all or part of the Services in the event of:

legal obligation, regulation, court decision, injunction or any administrative request to suspend the Service immediately;
interference that may cause damage or degradation to the Company's or third party's equipment;
late payment of an invoice exceeding thirty (30) calendar days;
rejection of direct debit due to insufficient funds;
refusal by the Client to provide the information requested by the Company as part of its legal and regulatory obligations relating to the fight against money laundering and the financing of terrorism;
holding of multiple accounts by the same Client;
fraudulent behavior of the Customer, including infringement of the Company's intellectual property rights or misuse of the Services for purposes other than those stated in the contract;
bankruptcy, restructuring, liquidation, dissolution or similar proceedings against the Client.

During the period of suspension or blocking under the conditions of this article, the Client remains liable for all costs incurred by it.

14. Death or Disability

The Services are provided under the signature of the Client. Consequently, the death of the Client or his legal incapacity automatically terminates these General Terms and Conditions upon receipt by the Company of the notification informing it thereof.
The Client's Account is kept open for the time necessary to settle the Client's estate or establish legal protection. The Company will transfer the balance of the Client's Portfolio with the written consent of the beneficiaries and the notary responsible for the estate or legal protection.
If the beneficiaries have not contacted the Company or have not asserted their rights within one year of the Client's death or incapacity measure, the Stablecoins held in the Wallet will be converted into euros and transferred to the Caisse des Dépôts et des Consignations.

15. Intellectual Property

All intellectual property rights in the Site and the Platform, excluding User-generated content, are owned by the Company. They are provided free of charge for the exclusive use of the Service. Consequently, any use of these contents without the prior authorization of the Company is unlawful.
The Company is the producer of the Site and Platform database. Any unauthorized extraction or reproduction is prohibited.

16. Assistance

In the event of a need for technical assistance or commercial support, the Customer may at any time

moment create a ticket at the following address: help@pleenk.com .

Support will be able to respond to requests expressed in French and

English within an indicative period of eight (8) days.

17. Non-waiver

The fact that the Company does not require at any time that the other party performs one of

its obligations under these T&Cs does not affect the Company's right to request their performance subsequently.

The invalidity of a clause does not affect the validity and obligation to comply with the other clauses.

18. Applicable law and competent jurisdiction

1. Applicable law

These T&Cs must be read and applied in accordance with French law.

2. Amicable resolution

In the event of a dispute, the Customer is invited to proceed amicably and to make a complaint

from the Company's customer service by post to the address indicated in the legal notices.

No action may be brought against the Company without formal notice by

registered letter with acknowledgment of receipt, has not been sent to him beforehand.

In the event of an unsuccessful attempt to resolve the dispute directly with the Company, the Client may resort to a mediator:

the mediator of the European dispute resolution platform, accessible at the following link: www.webgate.ec.europa.eu/odr ;
the AMF Mediator responsible for consumers, accessible on the AMF website under the heading “the mediator”.

3. Competent jurisdiction

For Professional Clients, and in the absence of an amicable agreement, any dispute arising from these General Terms and Conditions will be settled by the courts within the jurisdiction of the Paris Court of Appeal.
For Customers with consumer status, the dispute will be settled by the competent court under the conditions of common law.

APPENDIX 1 - RISKS

Customers should be aware that the Services rely on the use of Blockchain technologies, which entails several consequences, as indicated below. If they need more information on these risks, Customers can contact the Company by writing to support contact@pleenk.com .

IF YOU DO NOT AGREE WITH THE RISKS ARISING NATURALLY FROM THE SERVICES OR IF YOU DO NOT HAVE THE NECESSARY KNOWLEDGE TO UNDERSTAND THEM, YOU MUST REFRAIN FROM USING THE SERVICES.

Technological risk

Customers should be aware of the technical risks associated with the Services, including risks arising from an error or security flaw associated with the Blockchain, which may result in loss of data or loss of access to stored Stablecoins. Customers understand that the Company has no control over this Blockchain and cannot prevent errors or failures, including, but not limited to, Sybil attacks, smurfing malware attacks, or other new known or unknown methods.

Any such error or security failure associated with the Blockchain may allow or result in hacking and theft of data on the Platform.

Economic risk

Customers are informed that digital assets are assets whose value is not intrinsically guaranteed and depends on unregulated markets. Therefore, by using the Services, Customers are exposed to high risks of loss of value of digital assets.

Therefore, even though the risk of loss does not exceed the amount invested, Clients should not invest funds that they cannot afford to lose. Furthermore, past performance is not an indicator of future performance, which may vary upwards or downwards.

Legal risk

The legal framework for digital assets varies depending on the jurisdiction in which Customers are located and Stablecoins may be prohibited or subject to a specific regulatory framework.

In addition, the Company is subject to anti-money laundering and counter-terrorist financing requirements, which may change in the future, imposing further obligations and restricting the actual offering of the Services. The Services may also be affected by changes, restrictions or legal prohibitions in relevant and future legislation, opinions, decisions, injunctions, which may have an impact on the existence or legality of digital assets. Pleenk – General Conditions of Use and Sale – September 2023 22/18