DISCLAIMER AND PREAMBLE
These general conditions of use (hereinafter the "General Conditions" or the "SHELTERS GCU") provide a legal framework for the use of services (hereinafter the "Services"), including access to the shelters.finance platform, accessible at https://www.shelters.finance (hereinafter the "Platform"). This platform is operated by SHELTERS VENTURE, a simplified joint stock company with capital of 1,750.00 euros, whose registered office is at 17 Place Tabareau, 69004 Lyon, and which is registered with the Lyon Trade and Companies Registry under number 951 452 119 (hereinafter "SHELTERS" or the "Company").
The General Terms and Conditions, together with all documents to which they refer, constitute a contract (hereinafter the "Contract") between SHELTERS and any natural or legal person, whether professional or not, who is a user of the Platform and a holder of any services issued by the Platform, including in particular fractions (hereinafter the "User"). Each party is individually referred to as a "Party" and collectively as the "Parties", using all or part of the Services.
Use of the Services on the Platform by the User implies unreserved acceptance of these Terms and Conditions, which the User is deemed to have reviewed.
The site is hosted by Amazon Web Services (AWS) at https://www.aws.amazon.com/.
ARTICLE 1 – DEFINITIONS
The terms below, whether used in the singular or plural and capitalized, and unless otherwise stated, shall have the following meanings:
« Blockchain »: Refers to a technology for storing and transmitting information. This technology provides high standards of transparency and security as it operates without a central controlling authority. In the present case, the Blockchain used is called MultiversX.
« Fundraising » (Collecte): Refers to the action of gathering the funds necessary to finance the Project to be funded.
« User Personal Account » or « User Account »: Refers to the personal space of a User on the Site. This space is accessible only through the use of login credentials and allows access to the Services provided by the Company. It also allows the User to view and modify their own personal data.
« Bond Agreement » (Contrat Obligataire): A contractual document defining the legal and financial terms of the Financing Operation (amount, duration, interest rate, repayment terms, distribution schedule, associated risks). It materializes the User’s claim and prevails over any other information in the event of inconsistency.
« Contributor »: Refers to the User who wishes to financially support the Project through a Contribution as part of an opportunity offered on the Platform and who has entered into a Bond Agreement.
« Contribution »: The amount invested by a User as part of a Financing Operation, in consideration for the subscription to a Bond Agreement associated with a real estate project.
« Financial Rights »: Rights attached to the holding of a Token related to a Financing Operation, granting access to the contractually defined financial flows, in particular the repayment of the invested capital and the associated interest.
« Financing Operation »: Refers to the financing operation carried out through the Project and governed by the Bond Agreement.
« Detail Page »: Refers to the page created on the Site https://www.app.shelters.finance by the Company, based on dedicated information and documents, for the purpose of presenting a Project during a Contribution Phase.
« Frequency »: Refers to the schedule for reporting and payment of instalments during the term of the contract. This frequency is monthly.
« Contribution Phase »: Refers to the period during which Users may participate in a Financing Operation. The duration of this period is determined by the Platform in the Bond Agreement.
« Payment Service Provider » or « PSP »: Refers to one or more licensed service providers used by the Platform for the management of payments on the Site. These providers are respectively Stripe Technology Europe, whose registered office is located at Grand Canal Street Lower, Dublin, Ireland, and xMoney, whose registered office is located at Tornimäe tn 3/5, Kesklinna linnaosa, Tallinn, Harju maakond, 10145.
« KYC Procedure »: Refers to all user identification measures carried out by SHELTERS and its service provider Veriff, for which the User undertakes to provide any supporting documents necessary to verify their statements upon first request. Veriff, whose registered office is located at 39 Tatari St., 10134 Tallinn, is a regulated European company entrusted with full responsibility for supervising the Company’s anti-money laundering (AML) program. Veriff is fully compliant with CCPA/CPRA, GDPR, SOC 2 Type II, ISO 27001, and WCAG Accessibility Guidelines.
« Project » or « Project to be funded »: Refers to any acquisition or refinancing project of a rental real estate asset carried by the Platform and published on the site https://www.shelters.finance.
« Individual Share »: Refers to the proportion of participation held by a Fraction holder in an operation offered by the Platform.
« Complaint »: Refers to any statement expressing a User’s dissatisfaction with SHELTERS and its Services. A request for information, opinion, clarification, service, or performance does not constitute a Complaint.
« Financial Flows »: Payments made for the benefit of the User in execution of the Bond Agreement (interest, repayment of capital, potential distribution following the resale of an asset). Their existence and amount depend on the performance of the financed project in accordance with the signed contract. The amount and existence of Financial Flows depend on the relevant Bond Agreement.
« Services »: Refers to the services covered by these General Terms and Conditions, made available to any User on the Site https://www.shelters.finance and provided by the company SHELTERS VENTURE.
« Stablecoins »: Digital assets indexed to a fiat currency (e.g. EUR/C), which may be distributed to the User in settlement of financial flows linked to the Bond Agreement. Once transferred to the Wallet, they become the exclusive property of the User and no longer appear on Shelters’ balance sheet.
« Success Threshold »: Refers to the minimum total amount of Contributions received from Contributors as part of the Financing Operation contemplated by the Platform, conditioning the final completion of the Financing Operation. This amount corresponds to the sum required to carry out the Project to be funded, as indicated on the Project Detail Page of the Platform. It varies depending on the Financing Operation.
« Site » or « Platform »: Refers to the website through which SHELTERS makes its Services available to Users.
« Token » or « Fraction »: A non-fungible digital token (NFT) issued by Shelters on the MultiversX Blockchain, representing the digital materialization of the bond claim held by the User under the relevant Bond Agreement. The Token does not constitute a real estate ownership title, a shareholding interest, or a financial instrument granting voting or governance rights, but solely the technical and transferable representation of the contractual right.
« User »: Refers to any user of the Services offered by SHELTERS on the Site, in compliance with these General Terms and Conditions, who is of legal age, legally capable, and subject to a valid KYC Procedure.
« Individual Payment »: Refers to the amount paid by the Contributor as part of the Financing Operation, which must be greater than the Minimum Individual Payment.
« Maximum Individual Payment »: The maximum amount that a User may invest in a Financing Operation, as defined for each project in the Bond Agreement and/or its related documentation.
« Minimum Individual Payment »: Refers to the minimum amount that may be accepted as a Contribution by the Platform from the Contributor under a Bond Agreement entered into between the Parties.
« Visitor »: Refers to any natural or legal person browsing or consulting the Site without registering as a User.
« Digital Wallet » or « Wallet »: Refers to the digital asset storage device used to hold Tokens. It is strictly non-custodial, with the User retaining exclusive control over their assets. Shelters cannot access or recover private keys.
ARTICLE 2 – PURPOSE
These General Terms and Conditions are intended to govern access to and use of the Shelters Platform, as well as the respective rights and obligations of the User and Shelters in the context of the Financing Operations.
In particular, the Platform allows the User to:
create a User Account after validation of their identity (KYC);
consult the Financing Operations offered by Shelters;
subscribe to a Bond Agreement under the conditions defined for each project;
receive the Tokens representing the bond claim associated with their Contribution;
access their personal space in order to consult their participations, Tokens, received Financial Flows, and contractual documentation;
receive the Financial Flows related to the Bond Agreement (interest, repayment of capital, distribution following resale, where applicable), in accordance with the terms set out in the said agreement;
transfer their Tokens to a compatible external wallet or assign them to a third party in accordance with the applicable contractual conditions;
benefit from user support.
The Platform constitutes a technical tool for the provision and digital management of Financing Operations. Shelters does not guarantee continuous accessibility of the Site, nor the future performance of the returns associated with the financed projects. The User acknowledges that they use the Services at their sole responsibility.
Shelters may develop, modify, or suspend certain features of the Platform at any time, provided that such changes do not affect the rights acquired under a Bond Agreement already subscribed. Any substantial modification affecting the investment conditions shall be communicated to the User in advance.
Any use of the Services not expressly authorized under these Terms is strictly prohibited.
Article 3. ACCESS TO AND CONDITIONS OF USE OF THE SERVICES
Access to the Site is free and allows Visitors and Users to consult its editorial content as well as the Projects to be funded. However, access to certain information, features, and specific Services requires registration on the Site, which entails the creation of a User Account in accordance with the terms set out below.
In order to benefit from the Services, the User must have a reliable, high-speed internet connection, which they are responsible for setting up and configuring at their own expense.
The User warrants that they have the infrastructure, equipment, software, and skills necessary to ensure proper access to and effective use of the shelters.finance Platform.
The User also undertakes to be familiar with the characteristics and operation of their own systems and networks, as well as with the functioning of the Internet network.
3.1. Access Conditions
Users access the Services by creating and using their own login credentials and password.
Any natural person wishing to register must be of legal age and have the legal capacity to enter into a contract.
Any legal entity wishing to register must submit a request via the contact@shelters.finance address in order to receive the procedure to follow.
Each User Account is personal, and only one account may be created per User. The User undertakes not to create or use multiple accounts, whether under their own name or that of a third party. Any breach of this rule may result in the immediate suspension of the relevant User Account(s) and access to the associated Services.
The opening of a User Account is subject to the User’s eligibility under the General Terms and Conditions of Use of the Site.
In the case of non-professional use, the User expressly warrants to SHELTERS:
- that they are a natural person of legal age, legally capable, and in possession of a valid identity document (national identity card, passport, or driving license);
- that they are domiciled in one of the Member States of the European Union (EU) or a party to the European Economic Area (EEA);
- that they hold a bank account with a credit institution located in the EU or the EEA and, where applicable, a payment card enabling fund transfers and equipped with the 3D Secure system, linked to their bank account;
- that the identification information provided to SHELTERS is accurate and complete.
SHELTERS collects, through the Site or its Service Providers:
- a copy of a valid official identity document including a photograph of the User as a natural person;
- a copy of an additional supporting document enabling confirmation of the User’s identity as a natural person;
- the details of the bank account held with a credit institution located in the EU or the EEA, PayPal details, the public address on the MultiversX Blockchain, or the details of any other Service Providers used by the Platform to carry out fund transfers necessary for the execution of the Services.
The User undertakes to provide all documents required to verify their statements upon first request by SHELTERS and/or its service provider Veriff.
Throughout the term of the Contract, the User must promptly inform SHELTERS of any change in their situation that may affect the Services.
The User accepts that SHELTERS may, via the Site, request additional identification information at any time in order to comply with applicable regulations, in particular those relating to the prevention of money laundering and the financing of terrorism.
SHELTERS reserves the right to refuse registration to any person who does not meet the required standards of integrity or who acts contrary to the values and ethics promoted by the Site, without having to justify such refusal.
SHELTERS has the sole discretionary power to decide which registrations it accepts, without any right of appeal or entitlement to compensation.
The User warrants that the information provided for the creation of their User Account is true and accurate.
The User acknowledges and accepts that they are solely responsible for maintaining the confidentiality and security of their login credentials and passwords. Consequently, the User alone is responsible for any use of their credentials and passwords and for all consequences resulting from unauthorized access to their User Account by a third party, including the loss or alteration of data and any action carried out from their User Account.
If the User becomes aware of any unauthorized use of their credentials or User Account, they undertake to inform SHELTERS immediately by email at contact@shelters.finance.
The User shall have access to the shelters.finance Platform at all times, except during periods of unavailability for maintenance. Access to the Platform may be suspended due to maintenance operations necessary to ensure its proper functioning.
SHELTERS shall not be held liable for any consequences of such interruptions on the User’s activity.
3.2. Conditions of Use
The User undertakes to use the shelters.finance Platform appropriately and in accordance with its intended purpose, and to comply with all applicable legal and regulatory requirements and these General Terms and Conditions.
The User is solely responsible for the quality and authenticity of the data provided to the Platform and for any consequences arising therefrom.
The User undertakes to refrain from any action likely to harm the Services in any manner whatsoever.
The User further warrants and undertakes to:
- hold all necessary authorizations for the use, storage, and dissemination of data;
- respect all rights, in particular intellectual property rights, relating to the shelters.finance Platform and its content;
- not use the Platform for any purpose other than that for which it is intended, or in a manner inconsistent with its purpose;
- post, generate, indicate, or disseminate only information or content that is accurate, does not infringe the rights of third parties, and complies with applicable regulations;
- expressly refrain from using programs or devices likely to disrupt the proper functioning of the Platform, or from engaging in any action likely to impose a disproportionate load on hosting infrastructures;
- not reproduce, permanently or temporarily, all or part of the Platform, by any means and in any form;
- use the Platform solely for lawful purposes within the conditions and limits set out in these General Terms and Conditions;
- not adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, or apply reverse engineering to all or part of the Platform and/or its content;
- not export the Platform or merge all or part of it with other programs;
- not extract or reuse, including for private purposes, all or part of the content of the Platform without prior authorization;
- not implement any system likely to hack or interfere with the Platform and/or its components, in whole or in part, in violation of these General Terms and Conditions.
Failure to comply with the above provisions may result in the suspension of the Services and/or the termination of any authorization to access and use the Services for the User.
Any breach of the obligations set out in this Article constitutes a material breach.
The User indemnifies SHELTERS against any legal action brought by a third party claiming a right, in particular an intellectual property right, in connection with the data provided by the User or generated by them in the course of using the Services.
In all cases, the User shall reimburse SHELTERS for any damages and defense costs incurred in this context.
SHELTERS undertakes to use its best efforts to keep the Platform accessible as often as possible under conditions allowing reasonable use.
However, the User is informed of potential technical issues related to the Internet and communication networks, which may result in access interruptions or slowdowns.
The User is informed that access to the Platform is not guaranteed to be uninterrupted, secure, error-free, or free from malware or other harmful elements.
3.3. Digital Wallets and User Autonomy
Access to the Services requires the use of a Digital Wallet (“Wallet”). The User may connect an existing Wallet or generate a new one via the Platform interface using third-party authentication solutions.
The User expressly acknowledges and accepts that any Wallet used or generated on the Platform is strictly non-custodial.
Due to the non-custodial nature of the Wallet:
- the User retains exclusive control over their private keys and/or access methods;
- Shelters does not hold, control, or have access to the User’s funds or private keys.
As a result, Shelters is technically unable to recover, restore, or seize the User’s funds in the event of loss of credentials, hacking of the User’s device, or any other negligence.
Users who, prior to the update of these Terms, had a Wallet whose technical management was handled by Shelters are required to migrate their assets.
Such migration must be carried out, at the User’s choice:
- to an external personal Wallet already in their possession; or
- to a new Wallet generated via the Shelters interface, subject to non-custodial liability conditions.
3.4. Transaction Fees
Shelters covers transaction fees (“gas fees”) for Wallets created directly via the Platform, unless otherwise indicated in a future update duly communicated to Users.
External Wallets not created via Shelters require the User to hold the native cryptocurrency of the network in order to carry out transactions.
Such fees remain the User’s responsibility.
3.5. Ownership of Digital Assets
Stablecoins (digital assets indexed to a fiat currency, in particular the euro) transferred by Shelters to the User’s Wallet, in consideration for or in representation of the holding of Shelters tokens, become the full and exclusive property of the User upon confirmation of the transaction on the blockchain.
Although generated or distributed by the Platform, such assets no longer appear on Shelters’ balance sheet once transferred and are held under the User’s exclusive custody (Self-Custody).
3.6. Suspension and Deletion of the User Account
In the event of deletion of the User Account, whether initiated by the User or by Shelters, the financial rights attached to Tokens already issued remain vested.
The User remains the owner of their Tokens and the associated Financial Flows, in accordance with their Bond Agreement.
Prior to the definitive deletion of their Account, the User must provide a valid MultiversX Wallet address enabling the receipt of their Financial Flows.
Failing the communication of a valid address at the time of deletion, Shelters shall retain the Financial Flows due for a maximum period of thirty-six (36) months.
After this 36-month period, and following at least two reminder notifications that remain unanswered, unclaimed amounts shall be allocated in accordance with applicable regulations.
During this period, no additional remuneration or interest shall accrue on the amounts retained by Shelters.
Article 4. SERVICES
4.1. Contribution
The User acknowledges that they participate in a Financing Operation voluntarily and with full knowledge, after having reviewed the contractual documents made available to them. The User has no equity interest in, nor any governance rights over, the Financing Operation or its partners. After reviewing the information provided on the Operation Detail Page, the User chooses to participate in a Financing Operation on the Platform on their own initiative.
For the purpose of contributing to the financing of SHELTERS’ projects, the User undertakes to pay the Contribution to which they committed during the relevant Funding Phase, giving them the right to receive the interest and repayments provided for in the Bond Agreement. The User certifies that they have the necessary financial resources and that they fully understand the characteristics and risks associated with their participation in the Financing Operation.
Each Financing Operation begins with the opening of a Contribution Phase, during which the User may participate. The duration of this Contribution Phase is clearly indicated on the Operation Detail Page.
The User is free to choose the amount of their Individual Contribution, provided that it is equal to or greater than the Minimum Individual Contribution and equal to or less than the Maximum Individual Contribution. All relevant information regarding these amounts is available on the Operation Detail Page.
By contributing, the User accepts all the terms and conditions of the Financing Operation, as described in the Project documentation and the Bond Agreement associated with the Operation.
The Contribution is deemed final once the User expressly accepts the conditions, in accordance with Article 1127-2 of the French Civil Code. At this stage, the User may review the details of their order and its total amount and correct any errors before final confirmation.
4.2. Payment Conditions
Payment of the Contribution is made via a Payment Service Provider selected by the Platform: Stripe or xMoney, whose respective terms of use are available on their websites (https://www.stripe.com/ and https://www.xmoney.com/) and are incorporated into these General Terms and Conditions. Acceptance of these General Terms and Conditions implies acceptance of the Payment Service Providers’ terms.
If, at the end of the Contribution Phase, the Success Threshold has not been reached, the Contribution will be refunded in full to the User, at a minimum in euros, minus any fees potentially applied by the Payment Service Providers. For any delays or requests for information regarding the refund process, Users are invited to contact Shelters at contact@shelters.finance.
If the Success Threshold is reached at the end of the Contribution Phase, all Contributions will be transferred to the bank account of the notary or the property owner concerned in order to complete the acquisition of the asset, in accordance with the terms defined below.
4.3. Payment Security – Fraud
Transactions are secured by the Payment Service Providers using appropriate encryption protocols. Shelters does not collect or store Users’ banking data.
Any dispute relating to a payment must be addressed primarily to the relevant Payment Service Provider. Shelters cannot be held liable for payment refusals, banking incidents, input errors by the User, or external processing issues attributable to the Payment Service Provider.
4.4. Cancellation of a Financing Operation
If a Project is cancelled during the Contribution Phase, the corresponding Financing Operation will be terminated and the Contributions made will be refunded to the relevant Contributors in accordance with Article 4.2 (Payment Conditions).
4.5. Associated Financial Rights
Subscription to a Bond Agreement entitles the User to Financial Flows consisting of:
– repayment of the invested principal in accordance with the terms of the agreement;
– remuneration in the form of interest calculated in accordance with the Bond Agreement.
Payments may be made in euros or in euro-pegged stablecoins (USDC, EURC, or equivalent). Once transferred to the User’s Wallet, the funds become their exclusive property.
Shelters is subject to an obligation of best efforts with respect to the execution of distributions.
4.6. Transfer of Fractions through Assignment of the Bond Agreement
Tokens representing bondholder rights may be freely transferred on the MultiversX blockchain to any compatible wallet, in accordance with the terms of the relevant Operation.
Shelters exercises no technical control over the on-chain holding or transfer of Tokens, including transfers to wallets that are not identified or not subject to identity verification.
Holding or transferring a Token on the blockchain does not automatically grant access to the Platform’s Services or the right to receive the associated Financial Flows.
Payment of interest, distributions, or repayments due under the Bond Agreement requires that the Token holder has a User Account validated through the KYC procedure.
In the absence of a valid KYC, the holder retains ownership of the Token, but the Financial Flows will remain pending until compliance is completed.
Tokens may be assigned or transferred to a third party. Contractual assignment implies the transfer of the claim associated with the Token, subject to the new holder’s compliance with KYC/AML requirements in order to receive the Financial Flows.
Shelters does not guarantee the existence or availability of a secondary market, the liquidity of the Tokens, or the possibility of immediate resale. The User acknowledges that the Token may be transferred at a price lower than its acquisition value.
Shelters does not act as a resale intermediary and has no obligation to find a buyer. Any transaction carried out outside the Platform is conducted under the sole responsibility of the parties involved, with no recourse against Shelters.
The Contributor acknowledges and accepts the risk of limited liquidity associated with their investment.
4.7. Tax Obligations
Each User is solely responsible for declaring any income, interest, capital gains, or distributions received, in accordance with the tax laws applicable in their country of tax residence.
Shelters does not provide tax advice and cannot be held liable for any failure by the User to comply with their tax reporting obligations.
Article 5. RIGHT OF WITHDRAWAL AND REFUND
For any subscription to a Bond Agreement, the Contributor benefits, pursuant to Article L. 341-16 of the French Monetary and Financial Code, from a right of withdrawal of four (4) full calendar days starting from the Subscription Date. This right may be exercised without having to provide any reason and without incurring any penalties.
To exercise this right, the Contributor must notify the Company of their decision before the expiry of the above-mentioned period. Such notification must be made by email to the following address: contact@shelters.finance.
The withdrawal takes effect on the date on which the Platform receives the Contributor’s complete notification, provided that the request is made strictly within the statutory four (4) day period.
The refund shall be made under the best possible conditions and no later than thirty (30) days from the effective receipt by SHELTERS of the withdrawal request. The Company cannot be held liable for any technical delays resulting from banking processing times.
Article 6. RIGHTS ATTACHED TO TOKENS AND LIMITATIONS
Holding a Token in connection with a Financing Operation grants its holder a claim right as defined in the corresponding Bond Agreement, in particular with respect to repayment of the invested principal and the receipt of contractually agreed interest.
A Token does not constitute a share, equity interest, or any real right in the financed real estate asset. It confers no right of use, decision-making, voting, or any access to ownership structures or enjoyment of the property. Holding a Token does not allow the holder to claim direct ownership of the financed asset.
The Financial Flows associated with a Token may depend on the economic performance of the project, market conditions, operating costs, and any risks or contingencies related to real estate operations.
Amounts received are not guaranteed and may vary over time. Past performance is not indicative of future performance.
The holder acknowledges that:
– Shelters does not guarantee the profitability of any Financing Operation;
– the User may be exposed to a partial or total loss of the invested capital;
– no minimum, maximum, or fixed return is guaranteed;
– the resale or transfer of Tokens may be subject to Article 4.6 and requires a verified User Account in order to receive the associated Financial Flows.
The User remains fully responsible for all tax obligations relating to interest or capital gains generated by the holding or transfer of Tokens.
Shelters does not provide any tax, wealth management, or financial advice and encourages Users to consult a qualified professional prior to making any investment.
Shelters ne fournit aucun conseil fiscal, patrimonial ou financier et invite les Utilisateurs à consulter un professionnel habilité avant tout investissement.
Article 7 – INVESTMENT RISKS
Investments made through the Platform are not guaranteed and involve a risk of partial or total loss of the invested capital.
Payments are made in accordance with the rate provided for in the Bond Agreement.
Any variation or potential suspension may occur only in the cases defined in said agreement.
The User acknowledges that they invest with full awareness of the risks and after carrying out their own personal analysis.
The User acknowledges that the investment is made with a medium- to long-term horizon and that the liquidity of the Tokens may be limited.
Shelters does not provide financial advice.
Article 8. RIGHT TO FILE A COMPLAINT
Any User of the Platform who is dissatisfied with the Services provided by SHELTERS may file a complaint by contacting the Company at the following email address: contact@shelters.finance.
SHELTERS will use its best efforts to review, resolve, and respond to the User’s complaint in good faith within a reasonable period of time. In the event of an exceptional delay, SHELTERS will inform the User by email of the reasons for such delay.
Article 9. HOSTING
SHELTERS provides hosting for the Platform, either directly or through a service provider:
Amazon Web Services (AWS), whose contact details are available at the following address: https://www.aws.amazon.com/fr/.
The User undertakes to carefully read these conditions, in particular those relating to warranties and liabilities, and to comply with them.
SHELTERS uses its best efforts to ensure the security of the data provided by the User during registration and for the payment of their Contribution, whether directly or through a service provider.
Article 10. LIABILITY
The User is informed of the technical risks inherent in the use of the Internet and communication networks, which may cause access interruptions or slowdowns. In the event of such situations, SHELTERS cannot be held responsible for access failure or reduced performance.
The User specifically acknowledges :
- Data transmissions over telecommunications networks are only partially technically reliable, as they circulate over various networks with varying technical characteristics, sometimes saturated at certain times of the day and/or susceptible to malfunctions.
- SHELTERS cannot be held responsible for the reliability of data transmissions, access times or possible access limitations on specific networks and/or servers connected to the network used by SHELTERS.
- Despite the protective measures put in place by SHELTERS, data circulating on telecommunications networks may be diverted, which means that the communication of data, connection identifiers and more generally any information, is carried out by the User at his/her own risk and peril.
In all circumstances, the User acknowledges and accepts that SHELTERS is not bound by any obligation to monitor the data hosted, the User being solely responsible for the data transmitted.
Similarly, the User acknowledges and accepts that SHELTERS cannot be held responsible for the quality of services provided by third parties, in particular those offered by Payment Service Providers.
In particular, the User assumes sole responsibility in the event of :
- Erroneous entry or transmission of data;
- Alteration or deletion of data due to User errors;
- Granting of access to third parties by the User;
- Non-compliance with SHELTERS' recommendations and, in general, any action resulting in damage over which SHELTERS has no control, such as misuse and/or misappropriation of data and/or access codes, fault or negligence on the part of the User, force majeure, disruption of telecommunications networks, the Internet and any action by third parties;
- Non-compliance by the User with legal or regulatory obligations.
In general, SHELTERS is required to provide its best efforts in accordance with these General Terms and Conditions. In the event of liability being incurred against SHELTERS, it is agreed that only direct damages may be compensated, to the exclusion of any indirect damage such as loss of profits, commercial loss, loss of earnings, commercial disturbance, loss of brand image, loss of data, loss of opportunity, costs associated with obtaining a replacement product, service or technology.
In any event, SHELTERS cannot be held liable for damages resulting from an interruption or failure of service by the telecommunications operator, the electricity supplier, or following a culpable breach by the User of its obligations, and/or by a third party.
In all cases, SHELTERS' liability under these General Terms and Conditions, for whatever reason, is capped in accordance with the legal provisions in force, at a maximum amount corresponding to 100% of the amount paid by the Contributor.
Article 11. FORCE MAJEURE
Neither the User nor SHELTERS may be held liable in the event of force majeure.
In the context of the Contract, the term "force majeure" refers to any event unforeseeable at the time of validation of the Contract, irresistible in its occurrence and effects, beyond the control of the Parties, as defined in article 1218 of the French Civil Code. The Parties also consider acts of sabotage, terrorist attacks, Internet, communications or electrical network failures, fires or any other accident beyond the control of the Parties to be cases of force majeure.
In the event of force majeure, the Party affected shall inform the other as soon as possible after becoming aware of the event.
Force majeure results in the suspension of the affected Party's obligations and the correlative obligations of the other Party. This suspension remains in effect for as long as the event persists, with a maximum duration of thirty (30) consecutive calendar days from the date of occurrence. At the end of this period, either Party may notify the other of its decision to terminate the contractual relationship with effect from the date of notification.
Article 12. INTELLECTUAL PROPERTY RIGHTS
SHELTERS owns all intellectual property rights relating to each element of the Platform and its contents provided to the User under these Terms and Conditions.
Under the present provisions, the User acquires no rights other than accessing and using the Platform within the limits defined by these Terms and Conditions. The temporary access to the Platform as defined in the present Terms and Conditions in no way constitutes a transfer of intellectual property rights to the User, within the scope of the French Intellectual Property Code.
Consequently, in accordance with the French Intellectual Property Code, the content of the Platform may not be reproduced or represented, in whole or in part, on any medium whatsoever, without the express prior authorization of SHELTERS.
Article 13. PERSONAL DATA MANAGEMENT POLICY
SHELTERS may be required to process User data as part of the operation of the Platform.
SHELTERS is committed to comply with current regulations on data protection, in particular Law No. 78-17 of January 06, 1978, known as the “Loi Informatique et Libertés”, as well as Regulation (EU) 2016/679 of April 27, 2016 on the protection of personal data and the free movement of such data, also known as the “RGPD”.
For any additional information on the use of personal data by SHELTERS in the context of the use of the Platform, the User is encouraged to consult SHELTERS' Privacy Policy, available at any time on its website at https://www.shelters.finance/fr/privacy-policy/.
Article 14. EXTERNAL LINKS
The Services available on the shelters.finance Platform may include links to external Internet pages, managed by third parties, for which SHELTERS assumes no responsibility as regards access, content and use.
Article 15. CHANGES
These General Terms and Conditions may be modified by SHELTERS, resulting in an automatic update which is communicated to the User.
The new version of the General Terms and Conditions comes into force as soon as it is published.
The Parties agree that the General Terms and Conditions applicable are those in force at the time of use of the Services.
Article 16. APPLICATION OF THE GENERAL TERMS AND CONDITIONS - OPPOSABILITY AND PROOF
These General Terms and Conditions are available to the User on the Website in accordance with Article 1127-1 of the French Civil Code. They may also be sent by email to Users on request, by the User and at the time of Contribution to a financing Project, which signifies acceptance of their terms.
Communications, services rendered, User documents and invoices are archived in a reliable and durable manner in accordance with article 1379 of the French Civil Code.
All these elements have evidential value between the Parties. In general, all SHELTERS computer documents are deemed authentic between the Parties.
Article 17. LANGUAGE OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions may be translated into English to facilitate Users' understanding. Despite this translation, it is clearly agreed between the Parties that in case of conflict, only the French version of these Terms and Conditions will prevail between the Parties.
Article 18. ENTIRETY
Should one or more clauses be deemed invalid or declared contrary to public policy or likely to create a significant imbalance by virtue of a law in force or a final judicial decision, the other clauses shall remain in effect.
In this case, the Parties would have to replace the disputed clause with one reflecting the spirit and purpose of the contract. However, if no agreement is reached on this new clause, this could call into question the terms of the previous paragraph.
Article 19. APPLICABLE LAW - DISPUTE RESOLUTION
The law applying to these General Terms and Conditions is French law.
In the event of a dispute relating to these General Terms and Conditions, the Parties agree to first attempt an amicable resolution before being able to refer the matter to the competent court.
In accordance with Ordinance no. 2015-1033 of August 20, 2015 and implementing decree no. 2015-1382 of October 30, 2015, any consumer dispute, except as otherwise provided in Article L. 612-1 of the French Consumer Code, may be submitted to mediation for an amicable settlement.
The User may also submit any complaints on the online dispute resolution platform set up by the European Commission, accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR