January 2022 - Version 0.1

LEGAL INFORMATION

Hyperweb, a simplified joint stock company with a share capital of €10,000, registered in the Paris Trade and Companies Register under number 890 774 136 and domiciled at 66 avenue des Champs Elysées, 75008 Paris (the "Company").

The Company is registered with the Autorité des Marchés Financiers ("AMF") as a Digital Asset Service Provider ("DASP") for the business of buying, selling and exchanging digital assets for legal tender or other digital assets, as well as for digital asset activities, under number E2021-025.

The director of publication is M. Convard

Contact : help@pleenk.com

The website is mainly hosted by SCALEWAY SAS BP 438 75366 PARIS CEDEX 08 FRANCE

Foreword

Subscription Refers to the purchase, by a Client, of a Payable Service offered by the Company and implying the acceptance of these T&C.

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

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

Account Refers to the Account opened on the Platform by a User, which determines use and access to the Services.

T&C Refers to the present general Terms and Conditions applicable to the Company's Users and Clients.

AML/CFT Refers to the "Anti-Money Laundering and Countering the Financing of Terrorism" obligations to which the Company is subject.

Partner Refers to merchant platforms external to the Company that hold a receiving wallet hosted by the Company.

Parties Refers to the Company and the Users and/or Clients, parties to the present T&C.

Platform Means the mobile application "Pleenk" and the Website.

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

DASP Refers to the status of Digital Assets Service Provider.

Payment Service Provider or PSP Means the payment service providers approved by the Autorité De Contrôle Prudentiel et de Résolution (ACPR) that are contracted by the Company and allow it to provide Payment Services to Clients.

Service(s) Means the services provided to Clients by the Company in the operation of its business.

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

Website Refers to the website pleenk.com as well as all its related domains or sub-domains.

Company Refers to Hyperweb, operator of the Platform, a simplified joint stock company with a 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 Refers exclusively to the digital assets that Clients may acquire, own or dispose of during or upon subscription to the Services.

User(s) Any natural or legal person accessing the Platform as an ordinary Internet user or Client of the Services.

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

1. Risk acceptance

1. By accepting these T&C, Users and Clients are aware that the Services offered by the Company are related to the digital assets sector and directly related to blockchain technology. Therefore, Users are aware of the technical risks associated with the Services offered, including, the risks associated with a security error or failure, whether or not associated with the blockchain, that may result in loss of data or access to stored digital assets.

2. Finally, although the Company endeavors to provide access to accurate and precise content on its Platform, it does not guarantee its exhaustiveness. Therefore, Users acknowledge that they have conducted personal research before subscribing to any of the Services and have informed themselves of the risks inherent in their use.

2. Purpose

3. Contractual group. These T&C and the Privacy Policy available on the Platform constitute a group forming a legally binding contractual agreement between the Company and the Users.

4. These T&C are accessible at any time on the Platform and prevail over any previous version. The applicable version is the one in force on the Platform.

5. Subject to proof to the contrary, the data recorded by the Company's computer system constitutes proof of all transactions carried out by the User during his/her use of the Services.

6. Acceptance of the T&C. The present T&C are transmitted to the Users who accept them as soon as the Account is created and continue to apply on the occasion of any specific transaction and during any Subscription to one or more Services marketed by the Company.

7. The User warrants that they have the capacity and authority to commit themselves pursuant hereto and to use the Services and declare that they have read and accepted these T&C by checking the box to that effect.

8. The acceptance of these T&C is necessarily full and complete. Any acceptance with reservations is considered null and void. Users who do not agree to be bound by these T&C will not be able to access the Services.

9. These T&C are to be understood in conjunction with the additional information contained in the FAQs, Privacy Policy and Pricing Conditions available on the Platform.

10. Modification of the T&C. The Company reserves the right to change these T&C at any time at its sole discretion. In such a situation, the version of the T&C applicable to the contractual relationship between the User and the Company will be the one in force at the date of creation of his/her Account.

11. Users will be notified of such changes by email or on the Platform. It is the responsibility of Users to review the revised terms and conditions and to explicitly accept them before re-accessing the Platform.

12. It is advisable to keep them in paper format or to save them on a secure computer medium.

3. Browsing on the Platform

13. The Website is accessible free of charge to any person without the obligation to create an Account.

14. On the Platform, the Company provides Users with all relevant information relating to the understanding, subscription, operation and use of the Services offered.

15. All information, data, descriptions and statistics, including performance indicators, are provided to Users for information purposes only. Nothing on the Platform shall be construed as a recommendation to perform any action. The Company endeavors to provide access to fair and accurate content, but does not guarantee its completeness.

16. The Platform may contain links to Third Party Services, which may be subject to different terms of use and privacy policies than those of the Company. The User understands and agrees that the Company is not responsible for the availability, security or reliability of such Third Party Services, nor for the content, products or other services made available through such Third Party Services.

4. Account

17. Services described in Section 5 are accessible only via the Platform. In order to access it, Users must create an Account under the conditions described below.

18. Services described in Section 5 are accessible only via the Platform. In order to access it, Users must create an Account under the conditions described below.

19. The Services are only accessible to Users who have an Account opened on the Platform.

20. Unless otherwise specified, a User is prohibited from creating multiple Accounts.

21. Accounts are accessible 7 days a week, 24 hours a day, except for maintenance and updates.

22. The Account holder, whether a legal or natural person, expressly declares that he/she has the capacity and/or has received the required authorizations to use the Services provided by the Company and holds the Company harmless against any liability that it may incur as a result of a false declaration.

23. The Account holder declares that he/she is acting on his/her own behalf. The Account holder is obligated to use the Services in good faith, for lawful purposes and in accordance with the provisions of these T&C.

24. Unless otherwise proven, the Client acknowledges that the computer data recorded by the Company or the Third Parties constitute the evidence of all the transactions initiated or requested by the Client and the Company through the Platform.

4.1 Account creation and access

25. AML/CFT measures. In the course of its activities, and in particular the provision of services on digital assets 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).

26. The User is aware that the opening of an Account is subject to the sending and validation of identification documents and information of a financial nature required in accordance with the 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.

27. In connection with its obligations, the Company reserves the right to block any Services in the event of suspected fraud or violation of applicable AML/CFT rules.

28. Required information. Any User can create an Account on the Platform by :

• Indicating their phone number or email address (login) ;
• Setting up a strong password containing at least 8 characters ;
• Confirming their identity with a valid identity card or passport ;
• Indicating whether they are acting in a professional or personal capacity ;
• Entering information related to their professional activity ;
• Accepting these T&C, the Privacy Policy and the Pricing Conditions.

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

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

30. Account Security. The Client is solely responsible for the secure storage of his/her password. It must not be disclosed under any circumstances, as it is strictly personal and confidential. The Client is responsible for any use, authorized or not, of his/her Account. In the event of fraudulent access to his/her Account, or loss or disclosure of his/her password, the Client undertakes to immediately notify the Company at help@pleenk.com.

31. The Company shall not be held responsible for the loss or theft of the Client's login/password and the consequences thereof.

32. The Client undertakes to provide authentic information regarding his or her civil status. The Company shall not be held responsible for any errors in the information provided by the Client.

4.2 Account blocking

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

• The Client is in breach of any of the provisions of these T&C ;
• The Company notes that the identification information provided by the Client in the context of the anti-money laundering and anti-terrorist financing obligations to which the Company is subject is untrue or incomplete ;
• The Client requests this following the loss or theft of his or her password or in the event of suspicion of fraudulent activities (particularly in the event of identity theft).

34. Clients affected by the blocking will be notified of the measure without delay and by any means. The blocking of the Account shall not result in any harm to the Client.

35. The reactivation of the Account may be subject to the transmission by the Client of additional documents that may be requested. In this regard, the Company reserves the right to apply penalties or charges incurred for the reactivation of the Account.

4.3 Account Suspension

36. The Client can temporarily suspend his/her Account at any time via the "suspend my account" tab.

37. Suspension of the Account will result in a temporary suspension of access to the Services.

38. The Client is free to reactivate his/her Account at any time.

4.4 Account deletion

39. The Client may delete his/her Account at any time via the "delete my account" tab or write to support contact@pleenk.com, provided that there are no transactions in progress on the Client’s Account. If this is the case, the Account will only be deleted once the current transactions have been closed.

40. Deletion of the Account will result in (i) the irreversible deletion of the Client's data and (ii) the transfer of the balance of the Wallet to one of the Client's bank accounts.

41. In this case, the Client's Subscription will end on the last day of the month during which the deletion of the Account occurred.

42. The Company reserves the right to suspend or delete an Account in the event of a particularly serious breach of these T&C or in the event of proven risks of money laundering or terrorist financing.

43. The Company shall not be liable under any circumstances for loss of data or digital assets resulting from the deletion of the Client's Account.

5. Services

44. All of the 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 ("DASP") for the services of buying, selling and exchanging digital assets for legal tender or other digital assets, as well as for digital asset activities, under number E2021-025.

45. The Company operates and makes available to its Clients the Platform dedicated to the provision of services relating to the custody, issuance and receipt of payments in Stablecoins, a stable asset indexed to the euro and whose price is guaranteed by a reserve in euros.

46. Each Account is associated with one or more personal Wallets, allowing each Client to keep the Stablecoins acquired through the Platform. The default of an external custodian shall in no way relieve the Company of its responsibility for the provision of this service.

47. Each Client having created an Account on the Platform and having purchased a Subscription ("Advantages" / "Companies" offers) or wishing to carry out a one-off transaction ("Starter" offer without subscription), can:

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

48. The Company may, at any time and in its sole discretion, discontinue providing any of the Services. However, such termination shall not affect the obligations of the Company and the Client in connection with any pending transaction.

49. Except where required by law, the Company and the Client agree to keep strictly confidential all information relating to transactions made in connection with a subscription to the Services.

5.1 Acquisition of Stablecoins

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

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

51. The Company may at any time modify the crypto assets supported by the Service and modify (delete or add) the Stablecoins available.

52. If the Company is responsible for a poorly executed transaction, it will promptly return the corresponding amount to the Client and restore the debited Wallet to the position it would otherwise have been in.

5.2 Issuing and receiving payments

53. Clients with an Account may use their Wallet to pay a Seller or receive payment from a Buyer.

54. Buyers. Buyers wishing to make purchases on Partner Platforms or directly from a Seller may issue a payment by selecting their Wallet as the payment method.

55. In order for the payment issued to be validated, the Buyer must have credited his or her Wallet with a sufficient balance. Otherwise, the payment will not be recorded until the Client has credited the missing amount from his/her bank card or bank account or external wallet.

56. Sellers. Sellers and Partners wishing to sell products and/or services may receive payments from Buyers to their Wallet. This allows Sellers to receive payments in legal tender or cryptocurrencies that will be converted into Stablecoins and delivered to the Wallet.

57. In order to receive payments, the Seller must have linked his/her bank account to his/her Account, under the conditions specified in the "Account Creation and Access" section.

5.3 Custody of Stablecoins

58. The Company allows Clients with Accounts to keep their Stablecoins in their Wallet.

59. By agreeing to have the Company hold bitcoins on behalf of the Client for the duration of the holding period, the Client expressly authorizes the Company to dispose of the bitcoins in order to process the transactions ordered by the Client.

60. The Company will not use the Client's Stablecoins and the rights attached to them without the Client's express consent, except for handling them in a transaction ordered by the Client and for custody.

61. The Client may credit or debit his or her Wallet to or from (i) an External Wallet or (ii) a Bank Account at any time, subject to a transaction fee.

62. The Company shall hold the Client's Stablecoins acquired through the Company until (i) the Client requests the withdrawal of the Stablecoins to his/her external wallet or their conversion into euros and transfer to his/her bank account, (ii) the closure of the Account or (iii) the termination of these T&C.

63. The Company ensures, to the extent possible, that the necessary means are in place to return Stablecoins to the Client, except in the event of failure of the company issuing the Stablecoins.

64. The balance of the Wallet can be accessed (i) on the Platform (except in the event of a technical incident such as a power cut, connection interruption, malfunction or network or system overload) and (ii) by the Client only.

65. The Company will maintain the position of each of its Clients in secure databases, and will provide the Client, in response to any request from the Client, with a position statement of Stablecoins held in custody on their behalf.

66. The Company uses the means at its disposal to ensure the security of Stablecoins stored on the Platform. However, the Company shall not be liable for the consequences for custodianship of (i) force majeure, (ii) error, negligence or malicious act of the Client, (iii) failure of the Client to comply with the T&C, (iv) breach of security of the Client's system or environment of any kind, (v) computer attack, hacking, logical attack or virus affecting the Client's computer, email system, telephone or computer facilities.

67. The Company undertakes to return Stablecoins held in custody to the Client who so requests as soon as possible, except in the case of an event not attributable, directly or indirectly, to the Company, and in particular when:

• The Client's Account has been suspended or closed ;
• The Company must carry out verifications ;
• The Company suspects that the Client is not the originator of the return request ;
• A competent authority objects to such a return ;
• The Company suffers or has suffered a cyber attack, is subject to a logical attack or attempted attack, a virus, a physical attack on its premises or affecting the integrity of its personnel in the performance of their duties, and more generally when one of the cases of exclusion of liability occurs ;
• The Platform and more generally the Company's computer systems are undergoing maintenance ;
• A partner platform objects to this ;
• The Client is deceased or can no longer be contacted.
• The company issuing Stablecoins suffered a failure.

5.4 Identity authentification

68. The Company provides an authentication and identity management service for the Client. This service allows Clients to authenticate in a simplified manner on Partner platforms. To do this, Clients must:

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

69. If these conditions are met, the Company acts as a trusted third party between Clients 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 service or website Partners 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 prior consent of the User. The management of personal data thus collected is covered in the Company's confidentiality policy.

70. The Company regularly checks the validity of the Client’s identity.

71. In the event of expiration of one or more identity documents after the creation of the Account by the Client, the Company will request that said document be updated by the Client.

72. If expired information is not updated, the Company will not be able to validate the identity of the Client. Reactivation of the Service will take place after validation of the verification of the updated information and/or documents.

6. Modification of the Services

73. The Company may modify the list of Services offered at any time, in particular for legal or security reasons, but also without reason.

74. In particular, the list of Stablecoins offered by the Company may change at any time, without notice. The Company may also cease providing a Service on one or more given Stablecoins.

75. In such a case, the Company will inform Clients by any means, as soon as possible and will make its best efforts so that Clients can withdraw their Stablecoins to an External Wallet, convert them against other Stablecoins still supported by the Services, or sell them for euros.

76. Modification of the Services will not give rise to any compensation for the benefit of Clients.

7. Pricing

77. Terms of subscription, "Advantages" offer. The Client who wishes to subscribe to a Payable Service must create an Account. The Client may choose to use only the free Services ("Starter" offer) or choose paid Services ("Advantages" offer). To do so, the Client must select the desired Subscription formula on the Platform, validate this choice and pay the price mentioned.

78. Following payment by the Client, the Company will send him/her by e-mail, to the address given at the time of registration, a summary of the order, the corresponding invoice as well as the present T&C accepted at the time of payment.

79. The Company reserves the right to refuse or cancel any order in the event of insufficient funds or a dispute between the Company and such Client regarding payment of a previous order.

80. In case of unavailability of a Service after payment of the order by the Client, the Company will inform the Client as soon as possible in order to cancel the order and refund the payment.

81. Prices. The price of the Subscription and the Services may change at the Company's sole discretion. The Company undertakes to inform the Clients in advance in case of a change in the price applicable to the subscription of the Services.

82. In addition, as part of a subscription to the Services, brokerage and network fees may apply to the transactions carried out, which the Client undertakes to pay: the Client is deemed to have consulted the list of prices relating to each Service before carrying out a transaction.

83. On the Website, the prices of the Subscriptions and Services are expressed in euros, including VAT. Blockchain transaction fees are payable by the Client and indicated on the statements.

84. The Company reserves the right to apply a holding fee for Wallets that have been inactive for more than one (1) year, at the rate specified on the Platform.

85. A Wallet can be loaded by credit card or SEPA transfer, through a Payment Service Provider, or from an external wallet, subject to related transaction fees. For all other operations (subscription, transaction, withdrawal etc.), the fees are deducted directly from the Client's Wallet.

86. In the event that taxes are applicable to the sale of Stablecoins, such taxes shall be borne by the Buyer.

87. For more information, the User is invited to consult the FAQ and the Pricing Conditions available on the Platform.

88. Professional client. Any default or delay in payment will automatically result in the invoicing of €50 including VAT as processing fees. The amounts due by a Professional Client shall bear interest at the rate of 1% per annum until full payment, even in the event of termination of the contract. The Company reserves the right to set off any definite, liquid and payable debt it holds against the amounts due to a Professional Client.

89. Error. In the event of an obvious error in the display of the price, the Company shall not be liable for the price indicated in error. It may cancel the sale by reimbursing the Client for the price paid.

8. Right of withdrawal

90. The purchase and sale of Stablecoins do not give rise to a right of withdrawal for the benefit of the Client because they are digital contents not provided on a physical medium whose delivery takes place, at the Client's request, before the expiration of the legal withdrawal period.

91. Consequently, by accepting these T&C, the Client declares to previously and expressly waive his right of withdrawal for the purchase and sale of Stablecoins. The Client 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 provided for in article 5 above.

92. The Subscription to the Services is subject to a 14 day right of withdrawal for the benefit of the Client.

93. However, if the Client 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 said period.

94. If the Services are not fully provided at the end of the 14 day withdrawal period, the Client who has exercised his right of withdrawal must pay the Company an amount corresponding to the service provided until the date he communicated his decision to retract.

95. Reimbursement of the Subscription will be made by the same type of payment as that used to make the purchase, unless the Client requests to be reimbursed by another means of payment. If the Client chooses a payment method other than that used during the purchase and this causes additional costs, these costs are the responsibility of the Client.

96. Payments made by Clients from the Platform are subject to the Partners' withdrawal conditions.

9. Liability of Users and Clients

97. The User undertakes to use the Platform and the Account in accordance with the conditions set out in the T&C and, where applicable, the T&C in the event of subscription to the Services.

98. Each User agrees not to make any illegal, fraudulent, malicious or bad faith use of the Platform and the Services, in particular, if it harms their use by other Users.

99. The Company reserves the right to suspend or delete a User's Account in violation of these T&C without notice or compensation.

100. Regardless of the Service to which the Client subscribes, the Client agrees :

• to cooperate with the Company in order to provide it, as soon as possible, with all the information it may usefully request ;
• not to contravene, by the use of the Services, the applicable laws and regulations ;
• to assume sole responsibility for all administrative, social-security and tax formalities as well as the payment of contributions, taxes and levies of any kind for which it is liable due to the use of the Services ;
• to cooperate with the Company in the proper performance hereof ;
• to indemnify the Company against any claims, actions, demands and/or complaints of any kind arising from the Client's breach of these T&C.

101. In particular (not exhaustive), Users and Clients undertake not to use the Service for the following activities :

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

102. Users and Clients agree to indemnify the Company for any damages it may suffer and to pay all costs, charges and/or fines it may incur as a result of the breach of the above obligations or of any clause stipulated herein.

103. The Client holds the Company harmless against any breach exceeding the foreseeable risk and any fraudulent or bad faith use of the Services.

104. Clients 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 instruction given as well as of any transaction performed, and more generally of any change affecting the Account.

10. Liability of the Company

105. In relation to Users. The Company endeavors to provide the User with available and verified access to the Platform, information, content and hyperlinks. Nevertheless, these accesses are provided free of charge to the Users, who cannot hold the Company responsible for their unavailability alone.

106. In particular, the Company shall not be liable for any direct or indirect damages resulting from :

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

107. The use of the Platform and the Services is exclusively at the User's own risk.

108. In relation to Clients. The Company undertakes to use all necessary means to ensure the best provision of the Services to its Clients. It undertakes to carry out its obligations with the care normally expected of a professional in the same sector of activity and to respect the professional practices in force. However, the Company can only be held to an obligation for best endeavor.

109. The Services are provided on an "as is" basis, to the exclusion of any warranty whatsoever. The Company declines all responsibility and liability for any loss or damage caused by a third party.

110. The Company does not guarantee continuous and uninterrupted access to the Services, in particular for maintenance and upgrade purposes. Therefore, it shall not be liable for any act or omission, non-performance, partial performance or delay in performance of its obligations in connection with damage or loss suffered directly or indirectly by the Client resulting from factors beyond the Company's reasonable control.

111. The Company declines all responsibility for the use and allocation by the Client of the sums paid within the framework of the use of the Services and cannot in any case be held responsible for any misappropriation of funds or misuse of corporate assets committed by the Client.

112. In the event of a failure of the Services, the Company shall only be liable for direct and reasonably foreseeable damages, unless otherwise provided by law or regulation.

113. In particular, the Company shall not be liable for any loss :

• that is immaterial or indirect, successive or consecutive, such as commercial harm, loss of orders, loss of turnover, loss of profit, any commercial disturbance or loss of profit ;
• arising from the varying requirements and risks inherent in the blockchain network (including volatility of cryptocurrency prices, transaction fees, etc.) and protocol that may result in, among other things, a lack of profitability ;
• arising from a bug, computer virus, accidental or intentional malfunction(cybercrime) of the software used, or any other technological risk ;
• 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 their login/password allowing access to their Account and Wallet ;
• arising from a failure to maintain the confidentiality of Account login information ;
• arising from the administrative, tax and social-security procedures in force and mandatory in the Client's country ;
• arising from the partial or total failure of the Client's equipment ;
• occurring or aggravated due to the action, intervention or omission of the Client ;
• occurring or aggravated as a result of the Client's fraud, including misuse of the Services ;
• arising from incomplete or erroneous information provided by the Client ;
• arising from the Client's unavailability or failure to reasonably cooperate 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 e-mail to their contact address ;
• arising from a delay in delivery due to a cause beyond the Company's control ;
• arising from external factors such as theft, falsification, destruction or unauthorized access to the Services by a malicious third party.

114. The Company's limitations of liability are valid only within the framework of applicable laws. They do not limit the Company's liability in the event of fraud, or damage due to negligence or willful misconduct on the part of the Company.

115. For professional Clients exclusively, the Company's liability cannot be incurred beyond the amounts invoiced to Clients in accordance with the T&C during the twelve (12) months preceding the incident or series of incidents.

11. Force majeure

116. Any event, beyond the control of the Parties, which cannot reasonably be foreseen and overcome, shall be considered as an event of force majeure. Accordingly, the Company shall not be liable for any delay or failure to perform its contractual obligations resulting from the occurrence of events beyond its control, such as: compliance with mandatory regulation, weather disturbances, absence or suspension of electricity supply, lightning or fire, decision of a competent administrative authority, war, public disturbances, acts or omissions of other telecommunications operators, pandemic or other events beyond the reasonable control of the Company.

117. In particular (not exhaustive), Users and Clients undertake not to use the Service for the following activities :

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

12. Cancellation

118. Termination cases. In the event of a change in applicable law or regulation and the interpretation thereof by the relevant regulatory authority, affecting the ability of the Company or its employees to perform the Services subscribed to by the Client, these T&C shall automatically terminate.

119. These T&C will also be terminated automatically when the Client has initiated the procedure for deletion of their Account.

120. Termination of these T&Cs may, in any event, result from the Company's sole initiative in the event of a breach of any of the provisions of the T&C.

121. Either Party may terminate these T&C for breach if the other Party materially breaches the T&C and fails to remedy such breach within thirty (30) days after receipt of written notice.

122. In addition, if the Company ceases operations or becomes subject to an insolvency proceeding and the proceeding is not closed within 90 days, the Company may terminate its Services.

123. Consequences of termination. Upon the date of termination, all of Client's rights under these T&C shall immediately terminate and Client shall remain liable for the Service Fee until the termination date specified by the Company.

124. In addition, the termination of the contractual relationship between the Company and the Client pursuant to these T&C shall have the following consequences, as of the effective date of termination :

• the suspension of access to the Services and the closure of their Account. However, the Account may be kept open for a period of twelve (12) months to cover possible future disputes and claims. Transactions initiated prior to the effective date of termination shall not be affected by the termination request and shall be performed in accordance with the terms of the T&C ;
• the transfer of digital assets held within the Client's Wallet to an external wallet, as directed by the Client, provided that any dispute between the Company and the Client is settled as of the date of termination.

13. Suspension of access to the Services

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

• legal or regulatory obligation, court order, injunction or any administrative request that requires the immediate suspension of the Service ;
• interference that may cause damage or harm to the Company's or third party's equipment ;
• late payment of an invoice exceeding thirty (30) calendar days ;
• rejection of a direct debit for lack of funds ;
• refusal by the Client to provide the information requested by the Company in the context of its legal and regulatory obligations relating to the fight against money laundering and terrorist financing ;
• holding of several accounts by the same Client ;
• fraudulent behavior by the Client, including infringement of the Company's intellectual property rights or misuse of the Services for purposes other than those set forth in the contract ;
• bankruptcy, restructuring, liquidation, dissolution or similar proceedings against the Client.

126. During the period of suspension or blocking under the conditions of this article, the Client shall remain liable for all charges incurred by him/her.

14. Death or incapacity

127. The Services are provided under the signature of the Client. Consequently, the death of the Client or his legal incapacity automatically terminates these T&C upon receipt by the Company of the notification informing it thereof.

128. The Client's Account is kept open for the time necessary to settle his estate or establish his legal protection. The Company will transfer the balance of the Client's Wallet with the written agreement of the beneficiaries and the notary responsible for the inheritance or legal protection.

129. If the beneficiaries have not contacted the Company or have not asserted their rights within one year from the death of the Client or the measure of incapacity, the Stablecoins held in the Wallet will be converted into euros and transferred to the Caisse des Dépôts et des Consignations.

15. Intellectual Property

130. All intellectual property rights in the Platform, excluding content generated by Users, are owned by the Company. They are provided free of charge for the exclusive purpose of using the Service. Therefore, any use of these contents without the prior authorization of the Company is unlawful.

131. The Company is the producer of the Platform's database. Any unauthorized extraction or reproduction is prohibited.

16. Assistance

132. In case of need for technical or commercial support, the Client can at any time create a ticket at the following address help@pleenk.com.

133. Support will be able to respond to requests in English and French within an approximate period of eight (8) days.

17. Non-waiver

134. The failure of the Company at any time to require the other party to perform any of its obligations under these T&C shall not affect the Company's right to require performance thereafter.

135. The nullity of a clause does not affect the validity and the obligation to respect the other clauses.

18. Applicable law and jurisdiction

18.1 Applicable law

137. These T&C are to be read and applied in accordance with French law.

18.2 Amicable resolution

138. In the event of a dispute, the Client is invited to proceed amicably and to make a claim to the Company's client service by post to the address indicated in the legal notice.

139. No action may be brought against the Company without a formal notice by registered letter with acknowledgement of receipt having been sent to it beforehand.

140. In case of unsuccessful attempt to resolve the dispute directly with the Company, the Client may resort to an ombudsman :

• the ombudsman of the European platform for dispute resolution, accessible at the following link: www.webgate.ec.europa.eu/odr ;
• the AMF ombudsman for consumers, available on the website of the AMF under the heading "The Ombudsman".

18.3 Competent Jurisdiction

141. For professional clients, and in the absence of an amicable agreement, any dispute arising from these T&C will be settled by the courts of the jurisdiction of the Court of Appeal of Paris.

142. For clients who are consumers, the dispute will be settled by the competent court under the conditions of general law.

ANNEX 1 - RISKS

Clients should be aware that the Services rely on the use of Blockchain technologies, which has several consequences, as set out below. If more information is needed on these risks, Clients 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 SHOULD REFRAIN FROM USING THE SERVICES.

Technological risk Clients should be aware of the technical risks associated with the Services, including risks arising from an error or security defect associated with the Blockchain, which may result in loss of data or loss of access to stored Stablecoins. Clients 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 Blockchain may enable or result in hacking and theft of data on the Platform.

Economic risk Clients are informed that digital assets are assets whose value is not intrinsically guaranteed and depends on unregulated markets. Thus, by using the Services, Clients are exposed to high risks of loss of value of digital assets. Therefore, even if the risk of loss does not exceed the amount invested, Clients should not invest funds that they cannot afford to lose. Additionally, past performance is not an indicator of future performance, which may vary upward or downward.

Legal risk The legal framework for digital assets varies depending on the jurisdiction in which Clients 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 anti-terrorism financing requirements, which may change in the future, imposing subsequent obligations and restricting the actual offering of the Services. The Services may also be affected by legal changes, restrictions or prohibitions in relevant and future legislation, notices, rulings, injunctions, which may impact the existence or legality of digital assets.