Terms Of Service
General Terms and Conditions of Use
June 14, 2021
The company Cryptonovae (hereinafter referred to as "Cryptonovae" or the " Company") has developed a software (hereinafter the "Software") that enables its users to connect their cryptocurrency wallets and access various cryptocurrency trading platforms (hereinafter the " Services"). The Software is accessible through Cryptonovae's platform at https://cryptonovae.com (hereinafter the "Platform").
Cryptonovae has launched a beta testing phase (hereinafter the "Beta Test Phase") of its Software to a limited number of users (hereinafter the "Beta Users").
Following the initial Beta Test Phase, Cryptonovae's Platform will be accessible to all individuals, under the conditions provided for in Article 4 hereunder 'User Status" (hereinafter the "Users").
Cryptonovae grants its Users a license to use the Software (hereinafter the "License").
The purpose of these general terms and conditions (hereinafter the "General Conditions") is to establish the terms and conditions under which the Users shall access the Platform, download the Software and access the Services.
Cryptonovae and the User are hereinafter referred to individually as a "Party" and collectively to as the "Parties".
These General Conditions express the entire agreement between the Parties and cancel and replace any other oral or written agreement, letter, proposal, or any other document with the same purpose that preceded these General Conditions.
They can be accessed and printed at any moment from a direct link on the Platform's homepage.
2. Operator of the Platform, the Software and the Service
The Platform, the Software and the Services are operated by the company Cryptonovae, a simplified joint stock company, registered under number 890 396 187 with the Registry of Trade and Companies of Saint-Nazaire, and whose head office is located at 1, allée du Parc de Mesemena, 44500 La Baule-Escoublac, France.
The Company can be contacted through any of the following channels:
Telephone: +33 (0)2 40 42 09 09
E-mail address: firstname.lastname@example.org
3. Acceptance of the General Conditions
Beta Users and Users agree that by registering for the Services, under the conditions provided for in Article 5 hereunder "Registration on the Platform", they have read and expressly accept these General Conditions.
This acceptance can only be full and unequivocal, without modification of any nature whatsoever. Any conditional acceptance will be considered as null and void. Any User who does not accept to be bound by these General Conditions must not use the Services or access the Platform.
4. User status
The Platform and the Services can be accessed by any individual who has reached the age of majority and has the full legal capacity to be bound by these General Conditions in their own name and on their own account.
Cryptonovae reserves the right to refuse to open an Account if the User does not have a cryptocurrency wallet and if said wallet does not holed a minimum balance of YAE, under the conditions provided for in Article 6.4 hereunder "Active License".
Only Beta Users are granted access by Cryptonovae to the Beta Test Phase. The authorization given by Cryptonovae enables Beta Users to use the Services during the Beta Test Phase and beyond.
Other Users will only be authorized to use the Services after the end of the Beta Test Phase, provided they complete the registration process set out in Article 5 below.
5. Registration on the Platform
All Users are required to open an account with the Company on the Platform in accordance with the procedure described below to benefit from all of the Services (hereinafter the "Account").
Users are required to:
Fill in a registration form, providing all required information. Users agree to inform Cryptonovae without delay of any changes in the said information at the contact address indicated in the article "Operator of the Platform" of these General Conditions. Users ensure Cryptonovae that the information they provide in the registration form at the moment they open their Account is exact.
Choose a password. Users may change their password at any time in the "Settings" tab of their User Account. It is advised to change the password regularly.
The Company shall send the User an email containing an invitation to connect to the Platform and a link to download and install the Software.
Users acknowledge and accept that they can then access all the Services available to them, provided that they download the Software.
The User's registration is automatically validated and leads to the opening of a personal Account. The Company nevertheless reserves the right, in its sole discretion and at any time after registration, to implement any verification process that it deems appropriate, especially concerning the email address of the User, their authorization to access the Services, their identity and/or other contact details.
Users acknowledge and accept that the information they provide for the purposes of creating or updating their Account is proof of their identity.
Users hereby acknowledge and accept that they can access the Services by logging in to their Accounts, downloading and accessing the Software using their email address and password chosen at the time of registering.
6. Access to Services
- Description of the Services
The Platform and the Software enable the User to:
- access all the information provided for by their cryptocurrency trading platforms, and
- place cryptocurrency buying and selling orders.
To access the Services, Users must install on their account their cryptocurrency trading platforms' API.
- Software installation
Once registered on the Platform, Users will be able to select, from a list of cryptocurrency trading platforms, the ones they wish to link to their Account.
By clicking on the link they chose within the list of cryptocurrency trading platforms, Users will be redirected to the cryptocurrency trading platform's website.
Once redirected, Users need to copy the API code provided by their cryptocurrency trading platforms and paste it within their Cryptonovae Account. Users will then be able to access their cryptocurrency trading platforms directly from their Cryptonovae account.
Users acknowledge that they must comply with the instructions set by each cryptocurrency trading platform to use their API.
Cryptonovae's liability shall in no event be incurred if the Users fails to install the cryptocurrency trading platform's API on his Account nor if said API does not function.
- Software installation
All Users need to download and install the Software to be able to access the Services. Once registered, each User will be granted a Cryptonovae license to be able to use the Software and the Services (hereinafter the "License").
The User expressly undertakes to follow the instructions for installing the Software available on the Platform during the process of downloading the Software.
The Parties expressly agree that the installation will be deemed to be performed on the date of download of the Software, as recorded on the Company servers.
The User acknowledges that the Company's liability shall in no event be incurred in the event of a failure to download the Software resulting from failure to comply with said instructions.
- Active License
All Users are informed that they need to possess a minimum balance of YAE in order for their License to be active.
YAE is a cross-chain asset available on the Ethereum blockchain and the Binance Smart Chain (hereinafter the "YAE").
Users are informed that they need to maintain a minimum balance of YAE to access and use the Services. The minimum balance needed varies according to the number of exchanges the Users wants to trade on:
- to trade on one exchange, Users need to maintain a balance of at least 10,000 YAE and their account.
- to trade on two exchanges, Users need to maintain a balance of at least 15,000 YAE.
All Users with an active License have access to the Services. Users falling below a certain threshold balance are informed that their License will be deactivated, and they will no longer have access to the Services.
- Cryptocurrency wallet and plug in to Users' cryptocurrency trading platforms accounts
Users need to connect their cryptocurrency wallets to their Accounts and to plug into their cryptocurrency trading platforms accounts to use the Services.
Users are informed that they need to connect their wallet on the profile page of their Account which will automatically detect their account balance. This model is open to both ETH and BNB Liquidity providers.
During the Beta Test Phase, Beta Users with an active License will be able to connect their Metamask, Walletconnect, or Ledger wallet to their profile on the Platform.
Beta Users will only be able to trade on Binance and/or Kraken cryptocurrency trading platforms.
- Main Services
All Users with an active License will be able to access the Services provided by Cryptonovae which include:
- Connecting to their cryptocurrency trading platforms accounts' simultaneously.
- Having access to all of the data provided for by their cryptocurrency trading platforms accounts'.
All Users are informed that they will only have access to cryptocurrency trading platforms that are allowed by Cryptonovae.
All Users acknowledge that they need to have an account on the cryptocurrency trading platform they wish to access through the Software. If not, the Users will not be able to access those cryptocurrency trading platforms.
All Users are informed and acknowledge that Cryptonovae is not responsible for the information presented by the cryptocurrency trading platforms.
Cryptonovae reserves the right to propose any other service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said service.
Beta Users are informed that, while Cryptonovae final product will be available both for Windows, macOS and Linux, the Beta Test Phase is limited to Windows users.
7. Strictly Personal Use
Only one Account may be created per User. The person whose personal information was provided on the registration form, or sent to the Company, is considered to be the user of the Services, and this excludes any other third party.
Consequently, Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, including any other User who uses the Services, unless accepting full responsibility for the consequences.
Each User is responsible for keeping their login ID and password confidential and expressly acknowledges that any use of the Services from their Account will be deemed to have been carried out by the User in question.
In the event that a User discovers that their Account was used without their prior knowledge, they undertake to inform the Company as quickly as possible, at the address indicated in the Article "Operator of the Platform" of these General Conditions.
8. Non-Commercial Use
Users agree not to make money from, sell, lease, exchange or more generally, trade all or part of their access to the Services, to the servers of the Platform, or to the information and/or texts, images, or other content used by the Company and/or any other User on the Platform within the framework of their use of the Services.
These General Conditions will apply throughout the duration the User is authorized to use the Services.
10. Financial Conditions
Access to the Services as a User is free of charge. Users are informed that when they register an account on the cryptocurrency trading platforms, selected by Cryptonovae, through Cryptonovae introducing link, some of these cryptocurrency trading platforms will share a part of the commission fees with Cryptonovae on each order made by the Users (under certain conditions available on cryptocurrency trading platforms' websites).
The Company undertakes to ensure, in terms of an obligation of means, the hosting of the Accounts in accordance with the practices of the profession and industry standards, on its own servers or those of a professional hosting provider, the latter also carrying out its activity in accordance with the practices of the profession and industry standards.
The Company undertakes to implement all technical means necessary, in compliance with industry standards, to ensure the security of and access to the Services. The Company also undertakes to take all necessary precautions, with regard to the nature of the data and the risks involved in the automated data processing used for the Services, in order to protect the data, and in particular, prevent the data from being distorted, damaged or accessed by any unauthorized third parties.
12. Service Level Guarantee
The Company undertakes to make its best efforts to ensure the permanence, continuity and quality of access to the Services throughout the duration of registration to the Services.
Furthermore, given the complexity of the Internet, the unequal capacity of the various sub-networks, the heavy influx of Internet users at certain times of the day, the various bottlenecks over which the Company has no control, the Company's responsibility will be limited to the operation of its servers, the outer limits of which are constituted by its points of connection.
The Company can not be held responsible for (i) the speed of access to its servers, (ii) slowdowns that are external to its servers, or (iii) poor data transfers due to a failure or malfunction of these networks.
In the event that it is necessary, the Company reserves the right to limit or suspend access to the Platform to perform maintenance operations and/or implement developmental improvements.
As part of these maintenance and/or development operations, the Company undertakes to make its best efforts to create backups of the content stored in the Users' Accounts.
Users acknowledge and accept that this Service Level Guarantee does not cover every breakdown or disruption of Services that could be attributed to telecom operators or Internet or mobile web service providers or to poor internet coverage or saturation of internet access relating to the location of an event.
13. Intellectual Property
The systems, software, structures, infrastructures, databases, codes and content of any nature (text, images, graphics, visuals, logos, trademarks, databases, etc.) used by the Company on the Platform or the Software, as well as the Platform and the Software themselves, are protected by all applicable intellectual property rights or database creator's rights. Any dismantling, decompilation, deciphering, extracting, reusing, copying and generally any reproduction, representation, publishing or use of all or part of any of these items, without the authorization of the Company is strictly forbidden and could incur legal proceedings.
14. Obligations of Users
Without prejudice to any other obligations stipulated herein, Users agree to respect the following obligations.
- Users agree, in their use of the Services, to respect and abide by all laws and regulations in effect and not to violate public order or infringe the rights of any third party.
Each User is also solely responsible for successfully completing all necessary administrative, tax and/or social formalities concerning them and paying all contributions, taxes or charges of any nature incumbent on them that could result from their use of the Services.
- Users acknowledge having read and understood the characteristics and constraints, especially those of a technical nature, of all of the Services.
- Users agree to provide the Company with all documents, elements, data and information necessary for the proper execution of the Services. More generally, Users agree to actively cooperate with the Company for the proper execution of these General Conditions and to inform the latter of any difficulties in such execution.
During the entire period that an Account is open and for a period of three (3) years after the closure of said Account, the Parties undertake to keep strictly confidential all information and documents, of any nature whatsoever, that they have received from each other as a result of these General Conditions and/or constituted as a result of these General Conditions, and in particular any information of an economic, strategic, marketing or legal nature or any manufacturing or business secrets, any know-how or software licenses, excluding the databases and data contained in such databases, subject to use of such information in accordance with these General Conditions.
Each of the Parties undertakes to:
- Refrain from using any confidential information for purposes other than these General Conditions.
- Strictly preserve the confidentiality of this information and to apply the same degree of precaution and protection that it employs with its own information of equal importance.
- Refrain from disclosing or communicating this confidential information to any third party, in any form whatsoever, in any manner whatsoever and for any reason, except to the members of its staff or any other person acting on their behalf and representing them who is required to know about this information for the implementation of these General Conditions.
A Party will not be required to comply with this confidentiality obligation with regard to any confidential information sent to them by the other Party when this other Party has previously and expressly released them in writing from this obligation.
Confidentiality will not be required for:
- Information knowingly disclosed prior to being obtained and/or received by the Parties, or that become disclosed afterwards without either Party being at fault
- Information not resulting either directly or indirectly from the use of all or part of the information considered confidential as understood within the context of this article and
- Information validly obtained from third parties authorized to transfer or disclose such information.
Should either Party be compelled to disclose this confidential information in order to comply with any legal or regulatory obligation or judicial decision, it being understood that such disclosure may only relate to confidential information the disclosure of which is expressly required by such a legal or regulatory obligation or court decision, it will so inform the other Party as soon as possible.
Withdrawal from the General Conditions
The Company or the User may withdraw from these General Conditions without having to justify their decision for any reason whatsoever, by sending an email to the other. The withdrawal will be effective within a maximum of forty-eight (48) hours.
Termination due to Breach
In the event that either of the Parties fails to honour any of its obligations as set out in these General Conditions, and this having an impact on the proper execution of the latter, and for which this non-compliance has not been rectified within thirty (30) calendar days following the receipt of a formal notice to rectify said non-compliance, these General Conditions may be immediately terminated by the other Party ipso jure, without any judicial formality being required.
Termination of these General Conditions will be without prejudice to any damages to which the terminating Party may be entitled, as a result of the non-compliance of the other Party, or to any compensation which the former could possibly be due.
Consequences to Termination of Services
Users acknowledge and accept that the termination of the Services, for any reason whatsoever, entails the immediate deactivation of the User's Account, which causes the immediate locking of the User's Account.
In case of deactivation of ana User Account, Cryptonovae may reactivate the User Account on demand of the User, at any time during a one (1) year period from the date Cryptonovae deactivated the User Account.
After this period of one (1) year, the User Account shall be definitively closed and the data collected by the Company at the moment of registering shall be destroyed by the Company, in accordance with the provisions set out in the French Law N° 78-17 of 6th January 1978 on Computer Processing, Filing Systems and Liberties and the GDPR.
Users who wish to use the Services after this period of one (1) year must register once again, under the conditions set out above in the Article "Registration on the Platform".
Users hereby acknowledge and accept that they are responsible for retrieving their data stored in their Account onto whatever medium and in whatever format they choose.
Users expressly acknowledge that the Company cannot ever be held liable for any loss or alteration of the information stored in a User's Account, which occurred after the deletion of the Account, for whatever reason, and in particular further to maintenance and/or an update of the Platform.
17. Prohibited Behaviour
It is strictly prohibited to use the Services to the following ends:
- Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others.
- Violating public order or any local policies or laws
- Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security.
- Assisting or inciting, in any manner or form whatsoever, the carrying out of one or more of the actions or activities described above.
- And more generally, any action that uses the Services for any other purpose than that for which they were intended.
Users are strictly prohibited from copying and/or using for their own purposes or those of a third party, the concept, technology, or any other component of the Platform and/or the Software.
The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into the Company's IT systems, (iii) any hijacking of the Platform's system resources, (iv) any acts that would place a disproportionate load on the Platform's infrastructure, (v) any attempts to breach the Platform's security and authentication structures, (vi) any acts that could infringe on the rights or financial, commercial or moral interests of the Company and finally, generally, (vii) any breach of these General Conditions.
18. Sanction of Breaches
In the event of a breach of any of the provisions of these General Conditions, or more generally, any violation of any local policy or laws by a User, the Company reserves the right:
- To suspend access to the Services either temporarily or permanently, and this without delay, for any User who has breached any provision or infringed any law or regulation, or who as participated in such breach or infringement, and in particular, in the event the User provides incorrect, incomplete, misleading or outdated information at the time of registration.
- To remove all or part of any content related to the breach or infringement in question.
- To take any appropriate measures and instigate appropriate legal action.
- To notify the appropriate authorities where applicable, to cooperate with them and provide them with all information that may be useful in their investigating and intercepting of illegal or unlawful activity.
In the event that a User breaches an essential obligation arising from these General Conditions, or is repeatedly in breach of the latter, the Company reserves the right to terminate that User's access to all or part of the Services, effective immediately, by email notification. Termination will take immediate and full effect on the date the Company sends the User in question written notification, by way of application of this clause. This automatically, and without prior formal notice, brings about the deletion of the User's Account without prejudice to the other consequences potentially incurred through the application of these General Conditions.
19. Exclusion of the Company's Liability and Guarantee
Cryptonovae is not a registered broker-dealer, funding portal, or investment advisor and does not conduct any activity that would require such registration. None of the information contained on the Platform or the Software constitutes a recommendation by Cryptonovae or its affiliates to buy or sell any securities or other assets. The information contained on the Platform, or the Software has been prepared without reference to any particular user's investment requirements or financial situation. The Sites do not offer financial advice or recommend investments. Cryptonovae recommends that Users consult with qualified professionals prior to making actual investments or financial decisions. Any information available through the Sites is not offered as financial advice and should not be the basis for actual financial activities. Cryptonovae is not liable for any reliance on information available through the Platform or the Software by the Users or anyone informed of its contents.
Users expressly acknowledge and accept that the Company undertakes to provide the Services with diligence and in compliance with trade practices, specifying that it has an obligation to provide means, but this without any obligation of result.
The Users acknowledges the Company is not responsible for any trade order made on the Software. All orders are given by the Users. The Company cannot be held liable for any default or error regarding the transmission of the orders between the Users and his cryptocurrency trading platform account.
In this regard, the Company's only responsibility is to transmit the order through its API key filled by the User. If the transmission is not done, in whole or in part, due to technical and external issues, the Company's liability cannot be engaged.
The Users is informed that a notification is sent by the Company when an order is passed by him. Failure to receive this notification clearly indicates that the order did not pass and the company's liability could not, in this case, be engaged. The Company's liability in this regard is strictly limited to the transmission of the Users' orders through its User's API key.
Neither the Company nor the User will be entitled to use the provisions of these General Conditions to claim, in any way, the status of agent, representative or employee of the other, nor to enter the other into any commitment with any third party, beyond the Services provided for in these General Conditions. No special legal structure is formed between the Company and the User hereto, each Party keeping their total independence, their responsibilities and their own Users.
Users acknowledge that the Company's intervention is limited to the provision of the Services.
The Company's liability can never be sought in the following cases:
- when the damage claimed by the Client results, even in part, from poor execution or non-execution (total or partial) of the obligations incumbent upon it;
- when the damage results from non-conforming use:
- when the damage is related to the unavailability or disruption of the Client's network (Local Area Network "LAN").
- cabling or telecommunications network.
- when the damage is related to elements of the Client's computer hardware or software installation and on which the Company does not intervene.
- when the damage consists of the alteration, destruction or loss of data in the operating system or contained in other software.
The Company shall never be obliged to compensate the Client for indirect damage. The following in particular are considered to be part of the indirect loss:
- The loss of turnover, the loss of a chance to make a profit, the loss of image, the loss of a commercial opportunity or any similar prejudice.
- The cost of purchasing, installing, testing, implementing and running alternative software and/or software used in place of any additional services provided by third parties in this context.
- The cost of recovery, reconstitution, installation and/or restoration of lost or corrupted data.
- Unnecessary expenses incurred in preparation for installation, testing and start-up of the Service.
- The liability of the User is called into question by a third party.
- Any fines imposed by the authority to which the User is answerable.
In addition, the Company does not guarantee the User that the Services will specifically meet any given User's needs or expectations, given that the Services are of a standard nature and are in no way provided specifically for any one given User, according to that User's own personal constraints.
Users declare to have been informed that Cryptonovae's role in these General Conditions is limited to the provision of the Services described in the Article "Access to the Services".
Users are hereby expressly informed and accept that the Software is a simple aid in accessing their own personal cryptocurrency platforms' accounts.
Users acknowledge that Cryptonovae has no knowledge of the content accessed through the Software of, and/or more generally, the resulting effects of the use of the Services, for which Cryptonovae shall not provide any moderation, selection, monitoring or control service of any sort and with regard to which the latter only intervenes in its role as hosting service provider.
Consequently, Cryptonovae cannot be held liable for content whose authors are third parties, and any potential claims should be made firstly to the author of the content in question.
Cryptonovae declines all responsibility in the event of loss or potential deterioration of information and data stored by Users in their Profile, except as provided for in the Article "Personal Data", it being Users' responsibility to make a backup copy and the latter shall not be able to claim for any damages in this respect. Cryptonovae also declines all responsibility in the event of loss or deterioration of said data should this occur during the backup or destruction of data by Users during the term of these General Conditions.
Cryptonovae does not guarantee Users that the Services, which are subject to constant research to improve their performance and their development in particular, shall be totally free of errors, faults or defects.
Subject to these reservations, the Company will not be held liable to Users for the payment of any direct, indirect, material, financial or moral damages, of any nature whatsoever, resulting from the latter's use of the Services.
20. Personal Data
The Company practises a policy of protection of personal data, the characteristics of which are detailed in the document "Charter concerning the protection of Users' personal data", that can be accessed from the home page of the Platform and which Users are expressly invited to readon request.
The Company is in no way responsible for any processing or collect of personal data carried out on one of the Users' cryptocurrency trading platforms, notably regarding the exchanges, to which the Company is totally unrelated.
The Company hereby declares that it complies with all obligations and regulations required of it with regard to the protection of personal data, this protection being aimed at ensuring the security and the confidentiality of the data that is collected and processed on its behalf, in its role as processor of this data under the GDPR.
21. Commercial References
The Company has sole ownership of its names, trademarks, logos, signs and artwork.
The User undertakes to respect the intellectual property rights of the Company with regard to these brand-distinguishing signs and will refrain from using any analogy to them and/or creating any confusion in the minds of the public in this respect, for any purpose or in any manner whatsoever.
These General Conditions will not, therefore, imply any assignment of the intellectual property rights held by the Company over its brand-distinguishing signs to the benefit of the User, which each Party hereby expressly acknowledges.
22. Links and Third-Party websites
The Company can in no way be held liable for the technical availability or unavailability of Internet sites run by third parties (including the cryptocurrency trading platforms to which Users connects through the Software) that Users may access through API or links on the Platform.
The Company will not assume any liability for content, advertisements, products and/or services available on such third-party sites and Users are reminded that these sites are governed by their own terms and conditions of use.
The Company will not be held liable for any transactions conducted between Users and any advertisers, professionals or salespersons (including its potential partners) to whom Users may be oriented through the Platform and will not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.
If either of the Parties fails to exercise any of their rights or powers pursuant to the provisions of these General Conditions, or exercises such rights or powers late, this will not be interpreted as a waiver of all or part of these rights or powers, and any unique or partial exercising of any right or power will not prevent subsequent implementation of such right or power.
24. Force majeure
The Company will not be held liable to Users in the event that the former's fulfilment of its obligations is delayed, curtailed or prevented due to any circumstances of force majeure. Cases of force majeure are those generally recognised as such by jurisprudence and the French courts.
An event of force majeure will initially suspend operation of the Services for a period that will not exceed three (3) months. In the event that the case of force majeure should continue for a period longer than the aforementioned period, the Parties may terminate these General Conditions ipso jure, without any judicial formality being required, without notice and without any claim to compensation of any type whatsoever, by sending a registered letter with acknowledgement of receipt having immediate effect.
Should any provision of these General Conditions be deemed invalid or inapplicable due to a law or a regulation, or following a final judgement delivered by a competent jurisdiction, solely the provision in question will be deemed invalid or inapplicable, and the other provisions will remain in full effect and retain their full scope.
26. Amendments to the General Conditions
The Company reserves the right to amend these General Conditions at any time. The Company reserves the right to amend and/or cease to provide all or part of the Services, at its sole discretion.
Users will be informed of any amendments through all pertinent channels, at least ten days before their entry into effect. The amended General Conditions will immediately apply to any new Single-event Subscription or on the renewal date of any Full Subscription.
Any User who does not accept the amended General Conditions must notify the Company, through any pertinent channels, before the entry into effect of such amended General Conditions.
Any User who uses the Services after the entry into effect of the amended General Conditions will be deemed to have accepted these amendments.
In the event of a dispute relating to the Services offered by the Company, Natural persons Users who use the Services reserved for him/her outside of any professional activity and for his/her own private needs only, to the express exclusion of the Professional User, has the right to have recourse, free of charge, to a consumer mediator in accordance with the provisions of Article L.612-1 of the French Consumer Code, prior to the introduction of any proceedings before the competent courts. This option is not open to Professional Users.
In this respect, the Buyer is informed that the Company has subscribed to the a mediation services of [to be completed], which can be contacted at the following address: [to be completed]on request.
Natural persons Users also have the possibility to file a complaint via the online dispute resolution platform (the "RLL" platform) accessible through the link below: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR.
In case of failure in the appointment of the mediator or the mediation itself, the most diligent Party may refer the matter to the competent court according to the terms of the article below.
28. Law and Jurisdiction
These General Conditions are governed by French law.
In the event of any dispute concerning the validity, interpretation and/or application of these General Conditions, the Parties hereby agree that the courts of Saint Nazaire (44), will be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.
Natural persons Users may refer the matter either to one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or to the court of the place where he/she lived at the time of the conclusion of the contract or of the occurrence of the harmful event, in accordance with the provisions of article R.631-3 of the same Code.
29. Entry into Effect
These General Conditions became effective on June 14, 2021.