Before using any of the Services, you must first agree to these Terms. By accessing the Services or by otherwise using them, you expressly confirm that you fully and irrevocably agree to these Terms.
We reserve the right, at our sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be posted on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You will be deemed to have accepted all modifications and revisions by continuing to use any of the Services.
The Site, the App and the Services are operated by Petale Group S.A.S, a French limited liability company (société par actions simplifiée) having its registered office located 229 Rue Saint Honoré, 75001 Paris and registered with the Paris's trade and companies' registry under number 908 288 756 ("Petale", "we", "us" or "our").
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
By accessing the Services, you are representing and warranting that you are of the legal age of majority in your jurisdiction as is required to access such Services and enter into arrangements as provided by the Services. You further represent that you are legally permitted to use the Services in your jurisdiction including owning cryptographic tokens of value, and interacting with the Services in any way. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and you acknowledge and expressly agree that Petale is not liable for your compliance with such laws.
The User has access to the Services described on the Site and the App, in a form and according to the functionalities and technical means that Petale deems most appropriate.
You understand and expressly agree that we engage third-party service providers to perform any or all of the Services.
Some of the Services can require the prior execution of a specific written agreement between the User and Petale or between the User and a third-party service provider. In case of discrepancy between said specific written agreement and the Terms, said specific written agreement will prevail over the Terms except with respect to sections 3.6 and 4 of the Terms, which shall always prevail over any other arrangement or agreement whatsoever.
Petale shall not be liable for any delay, loss or damage of any kind incurred from any Services provided by any third-party service provider. All claims in connection with the act of any third-party service provider shall be brought solely and directly against such third-party service provider.
You agree to pay the fees and charges for the use of the Services according to the prices which are available on the Site and the App. We reserve the right to change the fees or the principles of pricing from time to time in accordance with the Terms.
To use the Services, you must first register with us by creating a user account ("User Account" or "account"). A User Account will only be issued once you have provided all necessary information required by us including in terms of KYC and AML.
All the information that we request you to provide in connection with the registration must be true, accurate and complete. If we have any reason to believe that such information is not true, accurate or complete, we may refuse your access to the Site or the App, or any of its resources, and deny, terminate or suspend your account.
You may only have one User Account at the time. You may not use the Services or create an account on behalf of someone other than yourself. You may not act as an intermediary or broker.
You are not allowed to sell, borrow, share or otherwise make available your account or any detail necessary to access your account to anyone other than yourself.
You are responsible for keeping your own account secret. You agree to keep your secret information and password confidential and to not share them with anyone else and to immediately notify Petale of any unauthorized use of your Account or breach of security. Petale cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You must not provide any misleading or fraudulent information. Creating fake reputation information for your account, faking your country of origin or providing fraudulent identification documents is prohibited and will lead to termination or suspension of your account.
In order to ensure Petale remains a safe platform for all of our users, and for us to comply with applicable laws which we are subjected to, we may have to verify your identity to access the Services we offer.
Identity verification may be required, for instance, in the event of (but not limited to) suspicion of fraud or verification of account ownership as part of know your customer procedures. As part of our identity verification process, we may require you to provide us with your full name as well as documents and photographs that verify your identity (e.g. valid passport).
In certain situations (e.g. due to the regulatory or legal requirements), we may require enhanced identity verification. This may include requirements to verify details or sources of funds.
Petale may at any time and without liability, terminate, suspend, or limit your use of the Services, including, but not limited to, where: (a) we reasonably suspect you of acting in breach of these Terms and/or all other applicable terms; (b) we are required to do so by applicable law, regulation or any court or other authority to which we are subject to in any jurisdiction; (c) we suspect that a transaction effected by you is potentially connected to any unlawful activities (including but not limited to money laundering, terrorism financing and fraudulent activities); (d) we have concerns that a transaction is erroneous or about the security of your account or we suspect the Services are being used in a fraudulent or unauthorised manner; (e) we reasonably believe that we need to do so in order to protect our reputation.
You shall not be entitled to any payment, compensation or damages whatsoever from us in relation to any suspension, limitation or termination of your use of the Services for any reason whatsoever. Any suspension, limitation or termination of your use of the Services for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such suspension, limitation or termination, has already accrued.
Our rights of suspension, limitation and termination under these Terms shall be without prejudice to any other rights or remedies which we may have (whether under these Terms, applicable law or otherwise).
The User can unsubscribe from the Site, the App and the Services at any time, by deleting its User Account in accordance with the procedure indicated on the Site, the App or in such manner and form and accompanied by such information and supporting documentation as may be required by us. You acknowledge and expressly agree that you will be subject to such terms and conditions as we may consider applicable to such suspension or termination.
You will no longer be entitled nor able to use the Services. If you have remaining balance in your account which has been suspended or closed, you are entitled to recover such balance unless we are prohibited by law or a court order to release such or where we have reasonable grounds to suspect that such amounts were obtained through fraud or any unlawful means or connected with any criminal activities. We may at any time and without notice to you set off any amount we owe you against any amount that you owe us or. Any amounts that are so set off will be discharged promptly and in all respects.
You expressly understand and agree that your use of the Services is at your sole risk. The Services (including the Site and the App) are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge and expressly agree that we have no control over, and no duty to take any action regarding: which users gain access to or use the Services; what affects the content of the Site or the App may have on you; how you may interpret or use the content of the Site or the App; or what actions you may take as a result of having been exposed to the content of the Site or the App. You release Petale from all liability for you whether having acquired or not acquired content through the Site, the App and/or the Services. Petale makes no representations concerning any content contained in or accessed through the Site, the App and the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
You acknowledge and expressly agree that Petale is not responsible for transferring, safeguarding, or maintaining your private keys or any digital currency associated therewith. If you lose, mishandle or have stolen associated digital currency private keys, you acknowledge and expressly agree that you may not be able to recover associated digital currency, and that we are not responsible for such loss. You acknowledge and expressly agree that Petale is not responsible for any loss, damage or liability arising from your failure to comply with the terms hereunder.
By utilizing the Services or interacting with the Site or the App in any way, you represent that you perfectly understand the inherent risks associated with cryptographic system (included but not limited to volatility of cryptocurrencies, risk of regulatory actions, risks of technical issues) and warrant that you have a very good understanding of the usage of cryptographic tokens.
You acknowledge and expressly agree that you assume full responsibility for your use of the Site, the App and the Services. You acknowledge and expressly agree that any information you send or receive during your use of the Site, the App and the Services may not be secure and may be intercepted or acquired by unauthorized parties. You acknowledge and expressly agree that your use of the Site, the App and the Services is at your own risk.
Recognizing such, you understand and agree that, to the fullest extent permitted by applicable law, neither Petale nor its suppliers or licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other theory (even if Petale had been advised of the possibility of such damages), resulting from: the Site, the App or Services; the use or the inability to use the Site, the App or the Services; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Site, the App or the Services; any actions we take or fail to take as a result of communications you send to us; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the Services); any injury or damage to computer equipment; inability to fully access the
Site, the App or the Services or any other website; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Site, the App or any other aspect of the Services.
Petale will not be liable for any other delay or failure to perform the Services because of any cause or condition beyond our reasonable control.
If despite the above Petale is found liable by a court for any reason whatsoever, you expressly agree that its aggregate liability will be limited to EUR 1000 maximum.
You expressly agree to indemnify and hold Petale and third party service providers, and each of their officers, directors, agents, joint venture entities, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (a) your breach of any of these Terms; (b) your use of the Services; and (c) your violation of any law or regulation of any jurisdiction, or the rights of any third party.
You acknowledge and expressly agree that (a) Petale trademarks and logos, and any other logos, service marks, product names and other rights used on the Site and the App or in relation to the Services (collectively, the "Trade Marks") are the property of either Petale or third party licensors; (b) the intellectual property rights in and to the Site, the App or the Services are either owned by us or licensed to us by third party licensors;(c) no rights are granted to you in respect of either the Trade Marks, the Site and the Services; and (d) no part or parts of the Site or the App may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior express written permission.
The Site and the App may provide, or third parties may provide, links to other websites or applications or resources. Because Petale has no control over such sites, applications and resources, you acknowledge and expressly agree that Petale is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Petale shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
These Terms, and any rights and obligations and licenses granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any successor. Any attempted transfer or assignment in violation hereof shall be null and void.
Except otherwise provided herein, these terms (as amended from time to time) and any document expressly referred to hereof constitute the entire agreement between the parties and supersedes any prior agreement, promise, assurance, warranty, representation, understanding, undertaking or arrangement between the parties relating to the subject matter of these terms, whether written or oral.
No oral explanation or oral information given by either of us shall alter the interpretation of these Terms. You confirm that, in agreeing to accept these Terms, you have not relied on any representation that is not expressly included herein.
These Terms shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of these Terms or of any other term or provision hereof. Furthermore, such invalid or unenforceable term or provision shall be changed and interpreted to accomplish the objectives of the initial provision to the greatest extent possible under any applicable laws.
These Terms are concluded in the English language upon you request and all communications including any notices or information being transmitted shall be in English or French. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language shall prevail.
The delay of enforcement or the non-enforcement of any of the terms of these Terms by any party shall not be construed as a waiver of any of the other rights of that party under these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
By using the Services, you agree that we may provide you with any notices or other communications, including marketing, relating to your use of the Services: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Site and/or the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.
Notices to us should be sent electronically to at: email@example.com
The section titles in the Terms are for convenience only and have no legal or contractual effect.
These Terms and the rights and obligations of the parties hereunder or however connected with their execution shall be governed by and construed and interpreted in accordance with the Laws of France.
For any disputes that may arise between the User and Petale relating to the formation, interpretation and execution of these Terms, the parties shall endeavor to reach an amicable settlement.
In the absence of an amicable settlement, any disputes arising out of or in relation to the Terms shall be submitted to the jurisdiction of the Courts of Paris.