June 2025 - Version 0.4
LEGAL NOTICE
Hyperweb is a société par actions simplifiée (simplified joint stock company) with share capital of €200,000, registered with the R.C.S. of Paris under no. 890 774 136 and domiciled at 66 avenue des Champs Elysées, 75008 Paris (the "Company"). The Company owns CFM Finance sro, with share capital of CZK 10,000, registered in the Prague Trade Register under number 216 29 439 and domiciled at Cimburkova 916/8, Žižkov, 130 00 Praha 3 (the "CFM Company"). The Company and the CFM Company are hereinafter together referred to as "Pleenk".
The Company is registered with the Autorité des Marchés Financiers as a Digital Asset Service Provider ("DASP") for the activities of buying, selling and exchanging digital assets for legal tender currencies or other digital assets, as well as for digital asset activities, under number E2021-025. The Company CFM Finance sro is registered with the authorities of the Czech Republic (FAU) for the provision of services related to crypto-assets.
These GTC apply to the Services provided via the Platform, which may be performed either by the Company, Hyperweb SAS, a company incorporated under French law and registered with the Paris Trade and Companies Register, or by its subsidiary Company CFM, CFM Finance sro, a company incorporated under Czech law and registered in Prague, depending on the nature of the transaction and/or the location of the Customer.
The publication manager is Mr Convard.
Contact: help@pleenk.com
The Internet Platform is mainly hosted by SCALEWAY SAS BP 438 75366 PARIS CEDEX 08 FRANCE
Buyer Refers to the User who purchases (or uses) products and/or services via Partners and uses the Services to issue online transactions.
Customer(s) Refers to Users who have subscribed to one or more of the Services marketed by Pleenk.
Account Refers to the Account, accessible via a login and password, opened on the Platform by a User to access the Services.
GC Refers to the present general terms and conditions applicable to Pleenk Users and Customers.
LCB/FT Refers to the "Fight against Money Laundering and the Financing of Terrorism" obligations to which Pleenk is subject.
Partner Refers to merchant platforms external to Pleenk that hold a receiving Wallet hosted by Pleenk.
Parties Refers to Pleenk and the Users and/or Customers who are parties to these GTC.
Platform Refers to the "Pleenk" Platform.
PSAN Refers to the status of Service Provider for Digital Assets.
Payment Service Provider or PSP Refers to the payment service providers approved by the Autorité de services de contrôle prudentiel et de résolution that are Pleenk's contracting partners and enable Pleenk to provide Payment Services to Customers.
Service(s) Refers to the services provided to Customers by Pleenk as part of the operation of its activities. In particular, Pleenk offers Users the ability to authenticate themselves online on partner sites (Pleenk approve Service) and to purchase Stablecoins (Pleenk Payment Service). Each Service can be used with or without creating an Account. However, access to the Pleenk Wallet Service (Pleenk Payment Service) requires the creation of an Account.
Third Party Services Refers to all services not provided by Pleenk, such as Partner platforms.
Site Means the pleenk.com website and all its related domains or sub-domains.
Company Refers to Hyperweb, operator of the Site and Platform, a société par actions simplifiée (simplified joint stock company) with a share capital of €200,000, registered with the R.C.S. of Paris under number 890 774 136 and domiciled at 66 avenue des Champs Elysées, 75008 Paris.
CFM CFM Finance sro, with a share capital of CZK 10,000, registered in the Prague Commercial Register under number 216 29 439 and domiciled at Cimburkova 916/8, Žižkov, 130 00 Praha 3, a subsidiary of the Company.
Stablecoins Refers exclusively to the crypto-assets that Customers may acquire, own or dispose of during or following subscription to the Services.
User(s) Refers to any individual or legal entity accessing the Platform or the Site as a simple Internet user or Customer of the Services.
Seller Refers to the User who sells products and/or services via Third-Party Services and uses the Services to receive online transactions.
External Wallet Means the Customer's personal wallet containing the Customer's Stablecoins held and managed on behalf of the Customer through a custodian.
Pleenk Wallet Refers to the Customer's personal wallet containing Stablecoins held and managed on behalf of the Customer by Pleenk.
1. Acceptance of risk
- The User acknowledges and agrees to be contractually bound to Pleenk, represented either by the Company or by CFM, depending on the type of transaction carried out.
- By accepting these GTCs, Users and Customers are aware that the Services offered by Pleenk relate to the crypto-asset sector and are directly linked to blockchain technology. Consequently, Users are aware of the technical risks associated with the Services offered, including, the risks associated with an error or security failure, whether or not associated with blockchain, which may result in a loss of data or access to stored crypto-assets. These risks are described in Appendix 1. If Users do not accept them or are unable to understand them, they must refrain from using the Services.
- Lastly, although Pleenk endeavors to provide access to accurate and precise content on the Site and Platform, it does not guarantee its exhaustiveness. Consequently, Users acknowledge that they have carried out personal research before subscribing to any of the Services and that they have informed themselves of the risks inherent in their use.
2. Subject
- Contractual whole. These GTC and the Privacy Policy available on the Site and the Platform constitute a legally binding contract between Pleenk and Users.
- These GTC are accessible at all times on the Site and Platform and prevail over any previous version. The applicable version is that in force on the Site and Platform.
- Subject to proof to the contrary, the data recorded by Pleenk's computer system constitutes proof of all transactions carried out by the User while using the Services.
- Acceptance of GTC. The present GTC are transmitted to Users who accept them upon subscription to the Services and continue to apply to all use of the Services marketed by Pleenk.
- The User warrants that he/she has the capacity and authority to enter into this Agreement and to use the Services and declares that he/she has read and accepted these GTC by checking the appropriate box.
- Acceptance of these GCS is necessarily full and complete. Any acceptance subject to certain reservations is considered null and void. Users who do not agree to be bound by these GTC will not be able to access the Services.
- The present GTC must be understood in the light of the additional information contained in the FAQ, the Privacy Policy and the Pricing Conditions available on the Site or the Platform.
- Modification of GTC. Pleenk reserves the right to modify these GTC at any time and at its sole discretion. In such a case, the version of the GTC applicable to the contractual relationship between the User and Pleenk will be the one in force at the date of subscription to the Services.
- Users will be notified of such changes by e-mail or on the Site and Platform. It is the User's responsibility to read the revised terms and conditions and to explicitly accept them before accessing the Site and Platform again.
- It is advisable to keep them in paper format or to save them on a secure computer medium.
- The Site is accessible free of charge to any person.
- On the Site and Platform, Pleenk 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 information purposes only. Nothing on the Site or Platform shall be construed as a recommendation to perform any action whatsoever. Pleenk endeavors to provide access to fair and accurate content, but does not guarantee its completeness.
- The Site and Platform may contain links to Third Party Services, which may be subject to terms of use and privacy policies different from those of Pleenk. The User understands and accepts that Pleenk 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.
4. Pleenk Account / Wallet
- Users who present a negligible risk in accordance with Pleenk's AML/CFT policy and risk mapping are not required, under certain conditions, to create an Account in order to access the Services, in accordance with the obligations incumbent on the CFM Company.
- Users wishing to authenticate themselves (Pleenk Approve Service) are also not required to create an Account in order to access the Services.
- Other Users must create an Account on the Platform in order to access the Services, in accordance with the Company's obligations.
- Unless otherwise specified, a User may not create more than one Account.
- Accounts are accessible 7 days a week, 24 hours a day, except in the event of maintenance or updates.
- The User, whether a legal entity or an individual, expressly declares that he/she has the capacity and/or has received the authorizations required to use the Services provided by Pleenk and guarantees Pleenk against any liability it may incur as a result of a false declaration.
- The User declares that he/she is acting in his/her own name. The User is obliged to use the Services in good faith, for lawful purposes and in accordance with the provisions of these GTC.
- Unless proven otherwise, the User acknowledges that computer data recorded by Pleenk or Third Parties constitute proof of all operations initiated or requested by the User and Pleenk via the Platform.
4.1. AML/CFT measures
- In carrying out its activities, and in particular the provision of crypto-asset services to its Customers, Pleenk is subject to the obligation to comply with criminal and regulatory provisions relating to the fight against money laundering and the fight against the financing of terrorism (LCB/FT).
- The User is aware that :
- access to Services is subject to verification of the User and/or transactions, in accordance with LCB/FT requirements, possibly via a partner,
- the creation of an Account may be subject to the sending and validation of identification documents and information of a financial nature required in accordance with LCB/FT requirements, possibly through the intermediary of a partner.
- the opening of a Pleenk Wallet is subject to the creation of an Account and the validation of the identification documents and information of a financial nature required in accordance with LCB/FT requirements, possibly via a partner.
- In the absence of a response to its requests, Pleenk may restrict access to the Customer's Pleenk Account / Wallet and/or suspend the Services.
- In respect of its obligations, Pleenk reserves the right to block any Services in the event of suspected fraud or violation of applicable AML/CFT rules.
4.2 Account creation and access
- Mandatory information. Any User may create an Account on the Platform by :
- Entering his/her telephone number or e-mail address (login) ;
- Setting up a strong password containing at least 8 characters;
- Accepting these GTC, the Privacy Policy and the Pricing Conditions.
4.3. Creating and accessing the Pleenk Wallet
- Mandatory information. Any User may create a Pleenk Wallet on the Platform by:
- Having created an Account ;
- Confirming his or her identity with a valid identity document (ID card or passport);
- Indicate whether he/she is acting in a professional or personal capacity;
- Entering information relating to his/her professional activity;
- Accepting these GTC, the Privacy Policy and the Pricing Conditions.
- The User is invited to complete his Account by entering :
- 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 transactions via the Platform;
- Their place of residence and net annual income, to reinforce the certification of their Account and increase their transaction limits.
- Account security / Pleenk Wallet. The Customer is solely responsible for keeping his/her password secure. He/she must not divulge it under any circumstances, as it is strictly personal and confidential. The Customer is responsible for any use, authorized or not, of his Pleenk Account / Wallet. In the event of fraudulent access to his Pleenk Account / Wallet, loss or disclosure of his password, the Customer undertakes to immediately notify Pleenk at .help@pleenk.com
- Unless due to negligence or fault on its part, Pleenk shall not be held responsible for the loss or theft of the Customer's identifiers and the consequences thereof.
- The Customer agrees to provide truthful information regarding his or her civil status. Pleenk shall not be held liable for any errors in the information provided by the Customer.
4.5. Blocking of Pleenk Account / Wallet
- Pleenk reserves the right, at any time and at its sole discretion, to temporarily block a Pleenk Account / Wallet, including, but not limited to, the following cases:
- Customers concerned
- The Customer is in breach of any provision of these GTC;
- Pleenk finds that the identification information provided by the Customer in connection with Pleenk's anti-money laundering and anti-terrorist financing obligations is false or incomplete;
- The Customer so requests following the loss or theft of his/her password or in the event of suspicion of fraudulent activity (particularly in the event of identity theft).
- Customers affected by blocking will be notified of the measure without delay and by any means. The blocking of the Pleenk Account / Wallet will not result in any prejudice to the Customer.
- The reactivation of the Account may be subject to the transmission by the Customer of additional documents that may be requested. In this case, Pleenk reserves the right to apply penalties or deduct costs incurred for the reactivation of the Pleenk Account/Wallet.
4.6. Suspension of Pleenk Account / Wallet
- The Customer may temporarily suspend his Pleenk Account / Wallet at any time via the "suspend my account" tab or by writing to support at .contact@pleenk.com
- Suspension of the Pleenk Account/Wallet results in temporary suspension of access to the Services.
- The Customer is free to reactivate his Pleenk Account/Wallet at any time by writing to support .contact@pleenk.com
- The Customer may
4.7. Deletion of Pleenk Account/Wallet
- The Customer may delete his Pleenk Account/Wallet at any time via the "delete my account" tab or by writing to contact@pleenk.com support, provided that he has no outstanding transactions on the said Pleenk Account/Wallet. If this is the case, the Pleenk Account/Wallet will only be deleted once all outstanding transactions have been closed.
- The deletion of the Pleenk Account/Wallet will result in (1) the irreversible deletion of the Customer's data and (2) the transfer of the balance of the Pleenk Wallet to one of the Customer's bank accounts.
- Pleenk reserves the right to suspend or delete a Pleenk Account/Wallet in the event of a particularly serious breach of these GTC or in the event of a proven risk of money laundering or terrorist financing.
- Pleenk cannot be held responsible, under any circumstances, for the loss of data or crypto-assets resulting from the deletion of the Customer's Pleenk Account/Wallet.
5. Services
- All Services offered by Pleenk to its Customers 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 ("PSAN") for the services of buying, selling and exchanging digital assets for legal tender currencies or other digital assets, as well as for digital asset activities, under number E2021-025. The Company also owns the CFM Company, CFM Finance sro, registered with the authorities of the Czech Republic (FAU) for the provision of services related to crypto-assets.
- Pleenk operates and makes available to its Customers the Platform dedicated to authentication (Pleenk Approve) and to the provision of services relating to the safekeeping, issuance and receipt of transactions in Stablecoins (Pleenk Payment), a stable asset indexed to the euro and whose price is guaranteed by the issuer.
- When subscribing to a Service, Pleenk will automatically determine whether the Service is provided by the Company, Hyperweb SAS, or by the CFM Company, CFM Finance sro, depending on the nature of the Service and the User's level of risk.
- Each Account may be associated with one or more Wallets, enabling each Customer to store Stablecoins acquired via the Platform. Any failure on the part of an external custodian shall in no way release Pleenk from its responsibility for the provision of this service.
- Each Customer may :
- Acquire Stablecoins;
- Store acquired Stablecoins in a Pleenk Wallet;
- Receive and issue Stablecoin transactions via Partners; and/or
- Authenticate its identity.
- Pleenk may, at any time and at its sole discretion, cease to provide any of the Services. However, such cessation will not affect Pleenk's and the Customer's obligations under any current transaction.
- Except to the extent required by law, Pleenk and the Customer agree to keep strictly confidential all information relating to the use of the Services, the Customer's identity and the transactions carried out in connection with a subscription to the Services.
5.1. Acquisition of Stablecoins
- Pleenk allows Customers to acquire Stablecoins in legal tender and/or crypto-assets. To do so :
- the Customer pays for the Service (i) in legal tender by linking a bank card and/or bank account and/or (ii) in crypto-assets by linking an External Wallet;
- Pleenk then delivers the Stablecoins to the Customer's Pleenk Wallet.
- Pleenk may at any time modify the crypto-assets supported by the Service and modify (delete or add) the available Stablecoins.
- If Pleenk is responsible for an incorrectly executed transaction, it will promptly return the corresponding amount to the Customer and restore the debited Pleenk Wallet to the position in which it would otherwise have been.
5.2 Issuing transactions
- Customers can pay a Seller via the Platform by making a transaction.
- Buyers wishing to make purchases on Partner platforms or directly from a Seller may issue a transaction via the Platform.
- For the transaction to be validated, the Buyer must have credited his Pleenk Wallet with a sufficient balance (customers who do not have a Pleenk Wallet will have the balance credited to a temporary wallet dedicated to the purpose of the issue) (i) in legal tender by linking a bank card and/or a bank account and/or (ii) in crypto-assets by linking an External Wallet. Otherwise, the transaction will not be recorded.
5.3. Receipt of transactions
- Customers with a Pleenk Wallet can use their Pleenk Wallet to receive a transaction from a Buyer.
- Sellers and Partners wishing to sell products and/or services can receive transactions issued by Buyers on their Pleenk Wallet. Sellers can thus receive transactions in Stablecoins and delivered to their Pleenk Wallet.
5.4. Storage of Stablecoins
- Pleenk allows Customers with a Pleenk Wallet to keep their Stablecoins on their Pleenk Wallet.
- By agreeing to allow Pleenk to store their Stablecoins on their behalf for the duration of the storage period, the Customer expressly authorizes Pleenk to dispose of them in order to manage transactions ordered by the Customer, including in the event of a change in the underlying Stablecoins in their Pleenk Wallets.
- Pleenk will not make use of the Customer's Stablecoins and the rights attached thereto without the Customer's express consent, except for their handling in connection with a transaction ordered by the Customer and their safekeeping.
- The Customer may credit or debit his Pleenk Wallet from or to (i) an External Wallet or (ii) a bank account at any time, subject to a transaction fee, details of which are displayed on the Platform.
- Pleenk will hold the Customer's Stablecoins acquired through Pleenk, until (i) the Customer 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 GTC.
- Pleenk ensures, insofar as possible, that the necessary means are in place to return the Stablecoins to the Customer, except in the event of default by the company issuing the Stablecoins.
- The balance of the Pleenk Wallet is accessible (i) on the Platform (except in the event of a technical incident related to a power cut, connection interruption, malfunction or network or system overload) and (ii) by the Customer only.
- Pleenk will maintain the position of each of its Customers in secure databases, and will communicate to the Customer, in response to any request from the Customer, a statement of the position of Stablecoins held in custody on their behalf.
- Pleenk uses its best efforts to ensure the security of Stablecoins stored on the Platform. Pleenk is responsible for the safekeeping of the Customer's Stablecoins, including in the event of the failure of its safekeeping service provider. Pleenk undertakes to compensate Customers in the event of loss due to a fault committed in the provision of this Service, but shall not be held liable for losses resulting from a fault or negligence on the part of the Customer or from an event of force majeure.
- Pleenk undertakes to return the Customer's Stablecoins in safekeeping to the Customer upon request as soon as possible, except in the event of an event not attributable, directly or indirectly, to Pleenk, and in particular when :
- The Customer's Account has been suspended or closed;
- Pleenk must carry out verifications;
- Pleenk suspects that the Customer is not behind the request for restitution;
- A competent authority opposes such restitution;
- Pleenk is undergoing or has undergone a cyber-attack, is the object of a logical attack or attempted attack, of a virus, of a physical attack on its premises or affecting the integrity of its personnel in the performance of their duties;
- The Platform and, more generally, Pleenk's IT systems are undergoing maintenance;
- A partner platform is opposed;
- The Customer is deceased or can no longer be contacted;
- The company issuing the Stablecoins has suffered a failure.
5.5. Identity authentication (Pleenk approve)
- Pleenk provides an authentication and identity management service for Customers. This service enables Customers to authenticate themselves in a simplified way on Partners' platforms.
- To do so, Customers must :
- Create an Account. Customers who do not wish to create an Account must repeat the entire authentication process each time they wish to authenticate themselves on a Partner site;
- Provide all documents required by Pleenk to verify the Customer's identity in accordance with LCB-FT requirements.
- If these conditions are met, Pleenk 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 may be anonymous or transparent to 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 may or may not authorize the sharing of the 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 in this way is dealt with in Pleenk's privacy policy.
- Pleenk regularly checks the validity of the Customer's identity.
- If one or more identity documents expire after the Customer has created an Account, Pleenk will request that the Customer update said document.
- If the expired information is not updated, Pleenk will not be able to validate the Customer's identity. Reactivation of the service will take place after validation of the updated information and/or documents.
6. Modification of Services
- Pleenk 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 Pleenk may change at any time, without notice. Pleenk may also cease to provide a Service on one or more given Stablecoins.
- In such a case, Pleenk will inform Customers by any means, as soon as possible, and will use its best efforts to enable Customers to withdraw their Stablecoins to an External Wallet, convert them to other Stablecoins still supported by the Services, or sell them for euros.
- Modification of the Services will not give rise to any compensation to Customers.
7. Pricing
- Payment terms.
- Following payment by the Customer, Pleenk will send the Customer by e-mail, to the address given at the time of registration, a summary of the order, the corresponding invoice and the present GTC accepted at the time of payment.
- Pleenk reserves the right to refuse or cancel any order in the event of insufficient funds or a dispute between Pleenk and the Customer concerning the payment of a previous order.
- In case of unavailability of a Service after payment of the order by the Customer, Pleenk will inform the Customer as soon as possible in order to cancel the order and refund the payment.
- Billing. Invoicing is carried out by the entity operating the Service, either the Company or the CFM Company, in accordance with the applicable regulations of the country.
- Prices. Prices for Services may change at Pleenk's sole discretion. Pleenk undertakes to inform Customers in advance of any change in the price applicable to the Services.
- Furthermore, when subscribing to the Services, brokerage and network fees may apply to the transactions carried out, which the Customer undertakes to pay: the Customer is deemed to have consulted the price list relating to each Service before carrying out a transaction.
- On the Site, Service prices are expressed in euros, inclusive of all taxes. Blockchain transaction fees are charged to the Customer and indicated on the statements.
- Pleenk reserves the right to apply a retention fee for Pleenk Wallets that have remained inactive for more than one (1) year, at the rate indicated on the Platform.
- The loading of a Pleenk Wallet is done by credit card or SEPA transfer, through a Payment Service Provider, or from an External Wallet, subject to the related transaction fees. For all other operations (transactions, withdrawals, etc.), fees are deducted directly from the Customer's Pleenk Wallet.
- In the event that taxes are applicable to the sale of Stablecoins, these taxes will be charged to the Purchaser.
- For further information, the User is invited to consult the FAQ and Tariff Conditions available on the Platform.
- Professional customers. Any default or delay in payment will automatically result in the invoicing of €50 (incl. VAT) for processing costs. Amounts owed by the Professional Customer will bear interest at 1% per annum until full payment, even in the event of termination of the contract. Pleenk reserves the right to set off any sure, liquid and payable claim it may have against the sums due to the Professional Customer.
- Errors. In the event of an obvious error in the display of the price, Pleenk may not be held liable for the price indicated in error. Pleenk may cancel the sale and reimburse 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 in favour of the consumer Customer, as it concerns digital content not supplied on a physical medium, delivery of which takes place, at the Customer's request, before the expiry of the legal withdrawal period.
- Consequently, by accepting these GTC, the Customer declares that he/she has expressly waived his/her right of withdrawal for the purchase and sale of Stablecoins. The Customer may, however, recover (i) the funds used to purchase 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.
9. Responsibility of Users and Customers
- The User undertakes to use the Platform and the Account in accordance with the conditions set out in the GTC and, where applicable, the GTC in the event of subscription to the Services.
- Each User undertakes not to make any illegal, fraudulent, malicious or bad faith use of the Platform and Services, in particular, if this harms their use by other Users.
- Pleenk reserves the right to suspend or delete a User's Account and/or restrict their access to the Services, in breach of these GTC, without notice or compensation.
- Regardless of the Service to which the Customer subscribes, the Customer agrees to :
- to cooperate with Pleenk in order to provide, as soon as possible, all information usefully requested;
- not to use the Services in contravention of applicable laws and regulations;
- assume sole responsibility for all administrative, social and tax formalities, as well as the payment of contributions, taxes and duties of any kind for which he/she is liable as a result of using the Services;
- cooperate with Pleenk in the proper performance of the present contract;
- indemnify Pleenk against any and all claims, actions, demands and/or complaints whatsoever arising from the Customer's breach of these GTC.
- In particular (not exhaustive), Users agree not to use the Services for the following activities:
- Production or trade of any product or activity deemed illegal under the laws and regulations of the host country or international conventions and agreements, including, but not limited to, the host country's environmental, health, safety and labor requirements;
- Weapons (manufacture of arms and ammunition, specialized retailing of arms and ammunition, pyrotechnics, weapons of mass destruction, edged weapons, ammunition);
- Unregulated drugs (cultivation of drugs and pharmaceutical products, related accessories (intoxicants);
- Adult trade linked to prostitution;
- Outbound telemarketing ;
- Discotheques/Cabarets ;
- Debt collection agencies;
- Religious organizations;
- Charities ;
- Chain letters ;
- Timeshares ;
- Guarantees (the long-term nature of the contract makes the risk difficult to calculate);
- Replicas ;
- Public administration and defense; compulsory social security;
- State administration and community economic and social policy;
- Activities of political organizations;
- The Users undertake to indemnify Pleenk against any and all damages it may suffer, and to pay Pleenk all costs, charges and/or judgments it may incur as a result of the breach of the above obligations or of any clause stipulated herein.
- The Customer warrants Pleenk 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/or Services and are deemed, unless proven otherwise, to be the authors of any instruction given as well as any transaction carried out, and more generally of any change affecting the Account.
10. Pleenk's liability
- Responsibility for operations is divided as follows:
- Services provided to Users with negligible risk in accordance with the LCB/FT policy, are performed under the responsibility of the CFM Company, CFM Finance sro; and
- Services provided to other Users are performed under the responsibility of the Company, Hyperweb SAS.
- Vis-à-vis Users. Pleenk endeavors to provide the User with access to the Platform and the Site, with available and verified information, content and hypertext links. Nevertheless, such access is provided free of charge to Users, who may not hold Pleenk liable for its mere unavailability.
- In particular, Pleenk 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 :
- bugs, computer viruses, accidental malfunctions of the software used, unless caused by fault or negligence on Pleenk's part;
- fraudulent intrusion by a third party, resulting in modification or loss of functionalities, information or elements of the Site or Platform, unless such intrusion is the result of fault or negligence on its part.
- Vis-à-vis Customers. Pleenk undertakes to use 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, Pleenk can only be held to an obligation of means.
- Pleenk does not guarantee continuous and uninterrupted access to the Services, in particular for maintenance and upgrade purposes. Consequently, Pleenk cannot be held responsible for any delay resulting from a suspension of the Services for maintenance reasons. In such a case, Pleenk will endeavour to process any outstanding requests and transactions as soon as possible after the Services have been resumed.
- The Customer is solely responsible for the use and allocation of sums received or paid in connection with the use of the Services. Pleenk cannot be held liable for any misappropriation of funds or misuse of corporate assets committed by the Customer.
- In the event of failure of the Services, Pleenk is only liable for direct and reasonably foreseeable damage, unless otherwise provided by law or regulation.
- In particular, Pleenk shall not be liable for any :
- indirect, successive or consequential, such as commercial loss, loss of orders, loss of sales or loss of earnings ;
- arising from the risks inherent in the blockchain network (in particular, volatility of crypto-asset prices, transaction costs, etc.) and the protocol, which may result in a lack of profitability;
- arising from a bug, computer virus, malfunction (cybercrime) of the software implemented, or any other technological risk, not resulting from fault or negligence on its part;
- arising from any error in the display of prices by Pleenk or a Third-Party Service, insofar as such error is not intentional on the part of Pleenk;
- arising from the loss by the Customer of his identifiers allowing access to his Pleenk Account and Wallet;
- arising from the Customer's failure to keep Account login information secure or confidential;
- arising from administrative, fiscal and social procedures in force and compulsory in the Customer's country;
- resulting from the partial or total failure of the Customer's equipment;
- occurring or aggravated as a result of the Customer's action, intervention or omission;
- arising or aggravated as a result of the Customer's fraud and, in particular, as a result of the Customer's misuse of the Services;
- arising from incomplete or erroneous information provided by the Customer;
- arising from the Customer's unavailability or reasonable failure to cooperate with Pleenk's recovery efforts;
- arising from preventive, corrective or evolutionary maintenance notified to the Customer ten (10) days in advance by e-mail to the Customer's contact address;
- arising from a delay in delivery due to a cause beyond Pleenk's control;
- arising from external factors such as theft, alteration, destruction or unauthorized access to the Services by a malicious third party, without fault or negligence on the part of Pleenk.
- Pleenk's limitations of liability apply only to the extent permitted by applicable law. They do not limit Pleenk's liability for fraud, or for damages caused by Pleenk's negligence or willful misconduct.
- For professional Customers only, Pleenk's liability shall not exceed the amounts invoiced to Customers in accordance with the GTC during the twelve (12) months preceding the incident or series of incidents.
11. Force majeure
- Any event beyond the control of the Parties, impossible to reasonably foresee and overcome, will be considered as an event of force majeure. Thus, Pleenk shall not be held responsible for delays or non-performance of its contractual obligations resulting from the occurrence of events beyond its control, such as: acts of God, weather disturbances, absence or suspension of electricity supply, lightning or fire, decision of a competent administrative authority, war, public unrest, acts or omissions on the part of other telecommunications operators, pandemic or other events beyond Pleenk's reasonable control.
- Any such circumstances arising after the conclusion of the contract and preventing the performance of the Services under normal conditions shall be considered as grounds for exemption from all or part of the Parties' obligations. Consequently, Pleenk cannot be held responsible for any resulting interruptions.
12. Termination
- Termination. 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 Pleenk or its employees to perform the Services subscribed to by the Customer, these GTC shall be automatically terminated.
- These GCS will also be terminated automatically when the Customer initiates the procedure to delete his Account.
- Termination of these GCS may, in any event, result from Pleenk's sole initiative in the event of breach of any of the stipulations of the GCS.
- Either Party may terminate these GTC for breach if the other Party materially breaches the GTC and fails to remedy such breach within thirty (30) days of receipt of written notice.
- In addition, if Pleenk ceases operations or becomes subject to insolvency proceedings and the proceedings are not closed within 90 days, Pleenk may terminate its Services.
- Consequences of Termination. Upon the date of termination, all of Customer's rights under these T&C shall immediately terminate and Customer shall remain liable for the Service Fee until the termination date specified by Pleenk.
- In addition, termination of the contractual relationship between Pleenk and the Customer pursuant to these GTC may result in the following consequences, as of the effective date of termination:
- suspension of access to the Services and closure of the Customer's Account. However, the Account may be kept open for a period of twelve (12) months to cover any subsequent disputes or claims. Operations initiated prior to the effective date of termination will not be affected by the termination request and must be carried out in accordance with the terms of the GCS;
- the transfer of crypto-assets stored within the Customer's Pleenk Wallet to an External Wallet, according to the Customer's instructions, subject to the fact that any dispute between Pleenk and the Customer is purged at the date of termination.
13. Suspension of Access to Services
- Pleenk may immediately and without notice suspend or block access to all or part of the Services in the event of :
- a legal or regulatory obligation, court decision, injunction or any administrative request justifying the immediate suspension of the Service ;
- interference that could damage or degrade Pleenk's equipment or that of third parties;
- late payment of an invoice in excess of thirty (30) calendar days;
- rejection of a direct debit for lack of funds;
- refusal by the Customer to provide the information requested by Pleenk as part of its legal and regulatory obligations relating to the fight against money laundering and the financing of terrorism;
- multiple accounts held by the same Customer;
- fraudulent behaviour by the Customer, including infringement of Pleenk's intellectual property rights or misuse of the Services for purposes other than those set out in the contract;
- bankruptcy, restructuring, liquidation, dissolution or similar proceedings against the Customer.
- During the period of suspension or blocking under the conditions of the present article, the Customer remains liable for all costs incurred.
14. Death or incapacity
- Services are provided under the Customer's signature. Consequently, the Customer's death or legal incapacity automatically terminates these GTC upon receipt by Pleenk of notification thereof.
- The Customer's Account will be kept open for the time required to settle the Customer's estate or establish legal protection. Pleenk will transfer the balance of the Customer's Pleenk Wallet with the written consent of the beneficiaries and the notary in charge of the estate or legal protection.
- If the beneficiaries have not contacted Pleenk or asserted their rights within one year of the Customer's death or incapacity, the Stablecoins held in the Pleenk Wallet will be converted into euros and transferred to the Caisse des Dépôts et des Consignations.
15. Intellectual property rights
- All intellectual property rights in the Site and Platform, excluding content generated by Users, are the property of Pleenk. They are provided free of charge for the exclusive purpose of using the Service. Consequently, any use of this content without the prior authorization of Pleenk is unlawful.
- Pleenk is the producer of the Site and Platform databases. 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 create a ticket at the following address: help@pleenk.com.
- Support will be able to respond to requests expressed in French, English and Czech within an indicative period of eight (8) days.
17. Non-waiver
- Pleenk's failure at any time to require the other party to perform any of its obligations under these GTC shall not affect Pleenk's right to require performance thereafter.
- The invalidity of any provision shall not affect the validity and enforceability of the remaining provisions.
18. Applicable law and jurisdiction
1. Applicable law
- For Services provided by the Company, Hyperweb SAS, French law applies.
- For Services provided by the Company CFM, CFM Finance sro, Czech law applies.
2. Amicable resolution
- In the event of a dispute, the Customer is invited to proceed amicably and make a complaint to Pleenk's customer service department by post to the address indicated in the legal notice.
- No action may be brought against Pleenk without a formal notice by registered letter with acknowledgement of receipt having first been sent.
- In the event of an unsuccessful attempt to resolve the dispute directly with Pleenk, for Services provided by the Company, the Customer may have recourse to a mediator:
- the mediator of the European platform for dispute resolution, accessible at the following link: www.webgate.ec.europa.eu/odr ;
- the AMF Mediator for consumers, available on the AMF website under the heading "The Mediator".
3. Competent jurisdiction
- For the Services provided by the Company, Hyperweb SAS, for professional Customers, and in the absence of amicable agreement, any dispute arising from these GCS shall be settled by the courts of the jurisdiction of the Paris Court of Appeal.
- For customers who are consumers, any dispute will be settled by the competent court under the conditions of ordinary law.
- For Services provided by CFM, disputes will be brought before the competent courts of Prague.
APPENDIX1 - RISKS
Customers should be aware that the Services are based on the use of Blockchain technologies, which entails several consequences, as indicated below. Should Customers require further information on these risks, they may contact Pleenk by writing to support contact@pleenk.com.
IF YOU DO NOT AGREE WITH THE RISKS NATURALLY ARISING FROM THE SERVICES OR DO NOT HAVE THE KNOWLEDGE TO UNDERSTAND THEM, YOU SHOULD 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 Pleenk has no control over this Blockchain and cannot prevent errors or failures, including, but not limited to, Sybil attacks, smurfing malware attacks, or other known or unknown new methods.
Any such error or security failure associated with the Blockchain may enable or result in hacking and data theft on the Platform.
Economic risk
Customers are informed that crypto-assets are assets whose value is not intrinsically guaranteed and depends on unregulated markets. Thus, by using the Services, Customers are exposed to high risks of loss of value of crypto-assets.
Consequently, and even if the risk of loss does not exceed the amount invested, Customers should not invest funds they cannot afford to lose. Furthermore, previous performance is not an indicator of future performance, which may vary upwards or downwards.
Legal risk
The legal framework for crypto-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, Pleenk is subject to anti-money laundering and anti-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 legal changes, restrictions or prohibitions in relevant and future legislation, notices, rulings, injunctions, which may impact the existence or legality of crypto-assets.
Pleenk - Terms and Conditions of Use and Sale - June 2025