Terms of Use

4.1. Services accessible without creating a Personal Space

The home page (https://www.davensi.com/) and certain pages of the Site are accessible to any Internet user. These pages are intended to provide Users with information allowing them to discover Davensi’s activity, its news (events, publications, etc.) as well as tutorials aimed at guiding them in the use of the Site and the Services. The Site also offers functionalities and/or information allowing Users to contact Davensi.

However, certain pages of the Site and certain Services are only accessible to Users who have previously created their Personal Space.

4.2. Services accessible subject to the creation of a Personal Space

The benefit and use of the Services described below require the creation by the User of a Personal Space, in particular in accordance with the stipulations of the article “Creation of a Personal Space” of these T&Cs.

4.2.1. Access and use of a Personal Space

When accessing the Site and after creating their Personal Space in accordance with the stipulations of the article “Creation of a Personal Space”, the User benefits from access to said Personal Space.

The Personal Space allows (i) the updating of part of the User’s information, (ii) the use of the Services accessible subject to the creation of a Personal Space and (iii) secure access to the User’s personal home page, to the market interface (i.e. the Order Book interface), to the User’s Portfolio visualization interface, as well as to the history of the User’s Operations and the volume of Exchange carried out by the User in equivalent Bitcoins over one or more determined periods.

4.2.2. Access and use of Wallets

The User with a Personal Space has Wallets (see a Wallet per type of Digital Asset held) from which he can carry out Transactions on Digital Assets. Each Wallet indicates the value of the Digital Asset held by the User in said Wallet, as well as the corresponding value in Fiat Currency based on the Price of said Digital Asset at a given time.

Each Wallet is assigned an address, represented by a series of alphanumeric characters, or even special characters, generated from the calculation of a public key and a private key. Each address is automatically generated when the Wallet is created, unique and without time limit. It is intended to allow storage and transfer to/from a Digital Asset Wallet. The public key of the address (or Wallet), hereinafter referred to as “Address”, is visible to all users while the private key is confidential and must never be disclosed.

In this regard, it is specified that the User can know the public key associated with each of his Wallets via the Personal Space for the purposes of carrying out certain Operations. On the other hand, the User expressly acknowledges that he does not have access to the private key of his Wallets, and that he therefore does not have “direct” access to his Wallets (and therefore to his Digital Assets). Also, he expressly waives the right to benefit from such access to the extent that he entrusts its security and management to the Exchange Platform or the Davensi Platform, and therefore to Binance France or Aplo, as part of the technically provided Conservation Service by the latter and from which he benefits (see the description of this Conservation Service below in the article “Benefit from the Conservation Service”).

The User’s attention is drawn to the fact that each type of Digital Asset held corresponds to a Wallet and therefore an Address. With some exceptions, a Wallet can only receive or store the type of Digital Asset that corresponds to it. Consequently, depending on the Transactions carried out by a User, the fact for the User of making an error in the Wallet Address concerned, or of using or communicating an incorrect Wallet Address or a wrong Address (for example an existing Address but corresponding to a type of Digital Asset different from the type of Digital Asset actually concerned by the Operation) exposes the User to the loss of the Digital Assets concerned by the Operation in question, without the possibility for Davensi to resolve this problem, for which Davensi cannot be held responsible.

The User is informed that while the majority of types of Digital Assets are accepted on the Site, some may not be. The list of accepted Digital Assets is available on the Davensi Site and may change at any time. It is up to the User to read it regularly.

4.2.3. Benefit of the Conservation Service

A Conservation Service for Digital Assets held within the User’s Wallets as well as the related private/public keys is technically provided by the Exchange Platform, within the framework of portfolio management and investment Services and by the Davensi Platform as part of access to the trading platform operated by Davensi (the two entities acting as sub-custodians), which the User expressly acknowledges and accepts.

However, the Digital Asset Conservation Service is considered to be legally rendered by Davensi, which means that the latter assumes, with regard to the User, responsibility for any direct damage suffered by the latter which would result from the non-compliance by Davensi with its contractual obligations towards the User under the Conservation Service.

With exceptions:

• the creation of a Personal Space and Wallets within this Personal Space automatically implies the User’s benefit from the Conservation Service;

• the Conservation Service is not subject to any fees charged by Davensi or Binance France.

This Custody Service is similar to a position holding service for each User’s Wallet, and is intended to allow the latter to consult their Wallets and in particular the quantity and value of the Digital Assets held in each Wallet.

Davensi cannot be held responsible for any inability for the User to access their Digital Assets which would be linked to one of the cases for which it is indicated in these T&C, in particular in the article “Availability of the Site and Services », that Davensi cannot be held responsible.

Digital Assets subject to Conservation may, at any time, be the subject of Sale, Exchange or Withdrawal Operations under the conditions set out in these T&Cs (in particular on the condition that these Operations are offered for the Digital Assets concerned, i.e. held in the User’s Wallets).

4.2.4. Carrying out Operations

4.2.4.1. Access to a service allowing the carrying out of Purchase Operations (see purchase of Digital Assets using a fiat Currency, also commonly referred to as “fiat / crypto exchange”) or Sale (see sale of Digital Assets against a Fiat Currency, also commonly referred to as a “crypto/fiat exchange”).

The User can, from their Personal Space, carry out Purchase Transactions relating to different Digital Assets in order to fund their Wallet(s). As a reminder, a Purchase Operation is an operation consisting of the possibility for the User to exchange a defined sum of fiat Currency for a quantity of Digital Assets. The Purchase Operation is technically operated by a third-party platform, independent of Davensi, published by Simplex. However, Davensi assumes, with regard to the User, responsibility for any direct damage suffered by the latter which would result from the non-compliance by Simplex with its contractual obligations towards the User under the service of Purchase Operations proposed by the latter. As a preliminary point, it is specified that to the extent that the Purchase Operations that can be carried out from the Personal Space via Simplex are intended to supply the User’s Wallet(s), then only the types of Digital Assets offered on the Davensi Site may be purchased for this purpose.

The User can also, from their Personal Space, carry out Sales Transactions relating to different Digital Assets held in their Wallet(s). As a reminder, a Sales Transaction is an operation by which the User exchanges a defined quantity of Digital Assets for a defined sum of Fiat Currency. The Sales Operation is technically operated by a third-party platform, independent of Davensi, published by Simplex. However, Davensi assumes, with regard to the User, responsibility for any direct damage suffered by the latter which would result from the non-compliance by Simplex with its contractual obligations towards the User under the service of Sales Operations proposed by the latter.

Purchase and Sale Transactions are subject to the general conditions of use of Simplex, accessible in particular at the following URL: https://www.simplex.com/terms-of-use and in any case, in principle, on the Simplex website.

The Fiat Currencies and payment methods that may be used are those offered by Simplex at the latter’s discretion, and neither Simplex nor Davensi can be held responsible for Simplex’s refusal to offer/accept certain Fiat Currencies or to offer/ accept certain means of payment for carrying out Sales or Purchase Transactions.

The User who wishes to carry out Purchase or Sale Transactions must follow the process proposed on the Site, and must first, in particular:

• verify that the service offered corresponds to its needs (in particular with regard to the typology and operation of the services offered, the types of Digital Assets that may be the subject of a Purchase or Sale Operation, the means of payment accepted by Simplex, the contractual conditions of the services offered, the exchange rates and the amount of commissions associated with the services, etc. which are exclusively determined by Simplex and over which neither Davensi nor Binance France has control), which it guarantees Davensi; And
  
  

• accept the Simplex general conditions of use; And
  
  

• communicate to Simplex, in addition to the other information required by Simplex in particular in the general conditions of use of its services:

  • as part of a Purchase Transaction, the Address of the Wallet to which the User wishes their Digital Assets thus purchased to be deposited;

  • as part of a Sale Transaction, the Address of the Wallet from which the User wishes their Digital Assets thus sold to be withdrawn.

Once the Purchase or Sale Transaction has been carried out by Simplex, the deposit/withdrawal of Digital Assets to/from the concerned Wallet(s) is carried out in accordance with the instructions given by Simplex, at resulting from a reasonable processing and management time, it being specified that Davensi cannot be held responsible for:

• an error that would be committed by the User, for example in communicating to Simplex the Address of the Wallet concerned by the Purchase or Sale Transaction (e.g.: Wrong Address or Address which corresponds to a type of Digital Asset different from the type of Digital Asset concerned by the Operation), the User recognizing that such an error, particularly in the context of a Purchase Operation, may result in the loss of the Digital Assets thus purchased, without the possibility of Davensi to resolve this problem and without the possibility for the User to engage Davensi’s liability in this regard;

• of the Purchase by the User of a type of Digital Asset not accepted on the Site, the User recognizing that he is then exposed to the loss of the Digital Assets thus purchased, without the possibility for the User to hold Davensi liable in this respect.

In the event that an intervention by Davensi would be possible to attempt to recover said Digital Assets, and generally in the event of intervention requested by the User from Davensi in this context, Intervention Fees would be owed by the User to Davensi in accordance with the stipulations provided for in the article “Financial Conditions”, and whether or not the intervention has made it possible to resolve the User’s request.

Davensi cannot under any circumstances be held responsible for the consequences:

• in the context of a Purchase Transaction, the time limit for sending the purchased Digital Assets to the User’s Wallet or receiving said Digital Assets in this Wallet;

• in the context of a Sales Transaction, the time for sending funds (see Fiat currency) to the User’s bank account or the time for receipt of said funds in this bank account.

The User’s attention is drawn to the fact that not all Digital Assets and all Fiat Currencies are eligible for such Operations via the Simplex platform, and that such eligibility, which may be subject to fluctuate, depends solely on Simplex and not on Davensi, which implies that the User:

• cannot necessarily carry out Purchase Transactions using the Fiat Currencies at its disposal;

• cannot necessarily proceed with the Purchase of all types of Digital Assets that it would like to obtain in return for a Fiat Currency;

• cannot necessarily proceed with the Sale of all types of Digital Assets that it holds in its Wallets;

• cannot necessarily carry out Sales Transactions against the Fiat Currencies that it would like to obtain in return for its Digital Assets.

Likewise, Purchase or Sale Operations may be subject by Simplex to minimum or maximum Limits, or to Ceilings, which in certain cases may therefore prevent the User from carrying out certain Operations.

The User expressly accepts these risks and acknowledges that Davensi cannot be held liable in this regard, particularly in the event that the User is unable to carry out a Sale Operation of certain of these Digital Assets, for example due to refusal by Simplex of certain Digital Assets or even of Minimum Limits which could be set by the latter (see so-called “liquidity” risk).

The User’s attention is also drawn to the fact that Purchase and Sale Transactions are subject to an exchange rate and fees or commissions set exclusively by Simplex, which results in the following:

• in the event of a Purchase Transaction, the value of the Digital Assets actually transferred and deposited in the User’s Wallet is necessarily lower than the equivalent in Fiat Currency actually paid by the User to Simplex;

• in the event of a Sale Transaction, the amount in Fiat Currency obtained by the User from Simplex is necessarily lower than the equivalent in Digital Assets actually withdrawn from their Wallet;

which the User expressly accepts, it being specified that it is up to him to read the financial conditions of Purchase and Sale proposed by Simplex before proceeding with such an Operation and that he recognizes that Davensi’s liability cannot be committed in this regard, in any way.

Finally, the User undertakes not to attempt to carry out a Sale Transaction which would involve a value of Digital Assets greater than that which he actually holds in the Wallet concerned by the Sale

4.2.4.2. Exchange Operations (see also commonly referred to as “crypto/crypto exchanges”)

The User can carry out Exchange Transactions relating to different Digital Assets as they are offered on the Site and under the conditions set out in these T&Cs. These Exchange Operations are operated by the Davensi Platform and require as a prerequisite that the User has at least one Wallet already stocked with Digital Assets, whether by means of a prior Purchase Operation or of Deposit.

Carrying out an Exchange Transaction involves the following steps:

• issuance by the User of an offer to buy or sell (hereinafter referred to as an “Order”). This Order must be expressed in the quantity of a type of Digital Asset that it wishes to offer for exchange (see “sell”) and in the quantity of a type of Digital Asset that it wishes to obtain in exchange ( see “buy”). The Price of the Digital Assets concerned by the Exchange Operation as well as the Fees on the associated Exchange Operations are displayed to the User before validation of their Order, it being specified that the Fees on the Exchange Operations are based on a variety of criteria specified in the “Prices” section https://davensi.com/ such as the quality of Taker / Maker, the volume of activity or exchange in Bitcoin equivalent over a given period or even the type of Digital Asset subject to the Transaction;

  
  

• updating the User’s Personal Space and Wallet to include the Order being executed;

  
  

• inclusion of the Order being executed in the Order Book of the Davensi Platform;

  
  

• if an Order being executed fully or partially corresponds to the Order of another user of the Davensi Platform (whether or not a User), an Exchange Transaction will be executed;

  
  

• updating the User’s Personal Space and Wallet to include the total or partial execution of the Order.

A User may only offer for exchange types of Digital Assets that they hold in their Wallets (provided that these Digital Assets are accepted on the Site), and only within the limit, for each type of Digital Asset , of the value of said Digital Asset held in the relevant Wallet.

The User has several options regarding the Order he wishes to issue:

• the User can opt to place a “Maker” order, i.e. for a so-called “limit” value. In this case, the User himself sets, for a type of Digital Asset to be exchanged for another type of Digital Asset, the quantity and Price per unit that he wishes to offer for exchange (see ” sell”) or obtain in exchange (see “buy”) as soon as the limit it has set has been reached by the market (as long as the so-called “limit” value is not reached, the Order cannot be executed and may never even be executed if the so-called “limit” value which was set by the User does not fall within “reasonable” or “consistent” limits with regard to the market). The User is informed that the “Maker” option is particularly aimed at Users accustomed to this type of Operations;

• the User can opt to place a “Taker” order, i.e. at the so-called “market” value. In this case, the User selects the type of Digital Asset he wishes to offer for exchange (see “sell”) and the amount he wishes to exchange as well as the type of Digital Asset he wishes to obtain in exchange (see “buy”). This exchange will be carried out at the price set by the market, that is to say fixed at a given time according to the free play of supply and demand, subject to sufficient liquidity, that is to say subject to that there are sufficient buy and/or sell offers in the Order Book to execute the User’s Order (if there are few buy and/or sell offers, no Order can be executed due to lack of sufficient offers in the Order Book to respond). The User who wishes to carry out a “Taker” Exchange Transaction is informed that, given the particularly high volatility of Digital Assets, their Price may vary at any time. Also, the User acknowledges that the Price displayed to the User when placing his Order may be different from that actually used at the time of execution of the Order, to the extent that this Price depends on the market (see explanations above).

• The User can opt to place a “Stop-limit” order, i.e. a limited order once a specified price has been reached. In this case, the User can define the minimum price that he wishes to offer in exchange (see “sell”) or obtain in exchange (see “buy”) or the maximum price that he is willing to give up for an order. In a “Stop-limit” order, the “Stop” price is the trigger price for the Davensi Platform to place a “Limit” order. The “Limit” price is the price at which the user’s order will be placed. The User has the possibility to customize the limit price, which is generally set higher than the stop price for a buy order and lower for a sell order. This difference makes it possible to take into account variations in market prices between the moment when the “Stop” price is triggered and when the “Limit” order is placed. The User is informed that the “Stop-limit” option is particularly aimed at Users knowledgeable about this type of Operations.

• The User can opt to place a “One-cancels-the-other” order, i.e. the combination of a “Stop Limit” order and a “Limit” order (see section 4.2). explanations above) with the same order quantity. Both orders must be either buy or sell. If the User cancels one of the orders, the entire “One-cancels-the-other” order pair is canceled. Also, the User is informed that the “One-cancels-the-other” option is particularly aimed at Users experienced in this type of Operations.

A partially executed Order remains in execution until it is fully executed or canceled under the conditions provided for in the stipulations below.

An Order can only be canceled by the User while it is still being executed (i.e. before matching the Order of another user). Once an Order has been executed, this Order can no longer be modified, revoked or canceled. Any unexecuted portion of an Order (i.e., currently executing) may be canceled until such Order has been matched with another user’s Order.

If the User does not have a sufficient quantity of Digital Assets in his Wallet for the execution of an Order issued by him, the entire Order will be canceled or only partially executed taking into account the Digital Assets actually present in the User’s Wallet, and Intervention Fees will be levied/invoiced to the User in accordance with the stipulations provided for in the article “Financial Conditions”.

In all cases, the Fees linked to the Exchange Transaction will be deducted under the conditions provided for in the “Financial Conditions” article of these T&Cs.

The history of Exchanges carried out by the User is available on their Personal Space after a reasonable processing and management time.

The User’s attention is drawn to the fact:

• that in the absence of sufficient offers on the market / in the Order Book, certain Orders may not be able to be executed;

  
  

• Exchange Transactions may be subject to minimum or maximum Limits, or Ceilings, which in certain cases may therefore prevent the User from carrying out certain Transactions.

  
  

The User expressly accepts these risks and acknowledges that Davensi cannot be held liable in this respect.

4.2.4.3. Digital Asset Custody Operations

The User may carry out Deposit Operations on his/her Digital Asset Wallet(s) provided that the Digital Assets concerned are accepted on the Site and under the conditions set out in these T&Cs.

Except for exceptions, the Deposit of Digital Assets on the User’s Wallet is not subject to any fees charged by Davensi through the Platform, it being specified, however, that the User or any other person at the origin of the transfer of Digital Assets to its Wallet will have had to pay the costs associated with the recording of said transfer on the Blockchain concerned.

The User undertakes to receive in his Wallet, via a Deposit Operation, only Digital Assets acquired by him legally, of which he is the full owner and of which he has full disposal, and which do not come from fraudulent or illicit activity (e.g. money laundering, financing of terrorism or illicit or illegal activities, etc.). In all cases, Davensi will not be responsible for the actions of the User in connection with the Digital Assets deposited, in particular with regard to the methods of obtaining or using said Digital Assets by the User.

Davensi cannot be held responsible for:

• an error that would be committed by the User, for example in the communication or use of the Wallet Address to be used for carrying out the Operation (e.g.: Wrong Address or Address that corresponds to a type of Digital Asset different from the type of Digital Asset concerned by the Operation), the User recognizing that such an error may result in the loss of the Digital Assets subject to the Deposit Operation, without the possibility for Davensi to resolve this problem and without possibility for the User to engage Davensi’s liability in this respect;

  
  

• of the Deposit by the User of a type of Digital Asset not accepted on the Site, the User recognizing that he is then exposed to the loss of the Digital Assets subject to the Deposit Operation, without possibility for the User to engage the responsibility of Davensi in this respect.

In the event that an intervention by Davensi would be possible to attempt to recover said Digital Assets, and generally in the event of intervention requested by the User from Davensi in this context, intervention Fees would be due by the User in accordance with to the stipulations provided for in the article “Financial conditions”, and whether or not the intervention has made it possible to resolve the User’s request.

Furthermore, Deposit Operations may be subject to minimum or maximum Limits, or Ceilings, which in certain cases may therefore prevent the User from carrying out certain Operations, which the latter accepts, with the responsibility of Davensi which cannot be engaged in this capacity.

Davensi cannot, under any circumstances, be responsible for the delay in transferring Digital Assets to the User’s Wallet or receiving said Digital Assets in this Wallet.

Upon receipt of the Digital Assets transferred to a User’s Wallet, this transfer may be blocked temporarily or permanently, particularly in the event of suspicion of fraudulent or illicit activities, and the communication of additional information or documents may be requested. before validation of the Deposit Operation (example: nature of the Wallet or External Wallet from which the transfer was made, name of the person or entity owning the Wallet or External Wallet from which the transfer was made , etc.). The User authorizes Davensi in any case to carry out the necessary investigations and verifications directly or through a third party to ensure the identity of the User or the person at the origin of the deposit, in particular and more generally for the purposes of preventing and combating illicit or fraudulent activities. In this case, Intervention Fees will be levied/invoiced to the User in accordance with the stipulations provided for in the “Financial Conditions” article.

Once the Deposit Operation has been validated, the deposited Digital Assets will be added to the User’s Wallet after a reasonable processing and management period.

4.2.4.4. Digital Asset Withdrawal Operations

The User may carry out Withdrawal Transactions from Digital Assets held in his/her Wallet(s) and under the conditions set out in these T&Cs.

In order to carry out a Withdrawal Transaction, the User must indicate the type of Digital Asset that he wishes to withdraw, the Address of the Wallet or External Wallet to which he wishes to transfer the withdrawn Digital Assets as well as the amount of the Withdrawal, meaning the quantity of said Digital Asset that the User wishes to withdraw in order to make a transfer to a Wallet or to an external Wallet.

Each Withdrawal Transaction entails the levying of Withdrawal Fees in order to cover the transaction costs linked to the transfer of the Digital Assets out of the Wallet, under the conditions provided for in the article “Financial Conditions” of these T&Cs. These Withdrawal Fees result from the costs of validating transactions on the relevant Blockchain which can fluctuate greatly depending on different parameters (for example, due to network congestion). The User is required to pay the applicable Withdrawal Fees prior to any Withdrawal Transaction.

The amount actually transferred to the Wallet or to the external Wallet concerned corresponds to the Withdrawal amount indicated by the User (see amount withdrawn from the User’s Wallet) less the Withdrawal Fees.

The User cannot withdraw an amount greater than the quantity of Digital Assets present in the Wallet concerned by the Withdrawal. Furthermore, he refrains from attempting to do so.

Furthermore, Withdrawal Operations may be subject to minimum or maximum Limits, or Ceilings, which in certain cases may therefore prevent the User from carrying out certain Operations, which the latter accepts, without the responsibility of Davensi cannot be engaged in this capacity.

The carrying out of a Withdrawal Operation may be blocked temporarily or permanently, in particular in the event of suspicion of fraudulent or illicit activities, as well as requesting the communication of additional information or documents before validating said Operation (example: nature of the Wallet or External Wallet to which the transfer is made, name of the person or entity owning the Wallet or External Wallet to which the transfer is made, etc.). The User authorizes in any case Davensi to carry out the necessary investigations and verifications directly or through a third party to ensure the identity of the User or the person at the origin of the Withdrawal or intended to benefit from the Withdrawal in particular and more generally for the purposes of prevention and fight against illicit or fraudulent activities. In this case, Intervention Fees will be levied/invoiced to the User in accordance with the stipulations provided for in the “Financial Conditions” article.

Furthermore, any Withdrawal Operation in progress can be canceled by the User only as long as he has not validated the Withdrawal, that is to say as long as he has not carried out the transfer of the relevant Digital Assets to an external Wallet. The User is required to validate the Withdrawal within the time limit indicated on the Withdrawal page, failing which the Withdrawal will be canceled. Any subsequent Withdrawal attempts will then be subject to new Withdrawal Fees. Indeed, in the event of cancellation of the Withdrawal Operation for any reason whatsoever, the User is informed that the Withdrawal Fees applicable to said Withdrawal are in no way guaranteed and are likely to change without delay.

Any Withdrawal Operation not validated within the time limit indicated by the Site cannot be effectively carried out and will therefore be canceled in its entirety. Any error (e.g. Address of the Wallet or the external Wallet to which the User wishes to transfer the withdrawn Digital Assets is incorrect or which corresponds to a type of Digital Asset different from the type of Digital Asset concerned by the Operation) or any non-compliance with the instructions communicated, in particular within these T&Cs or on the Site (e.g.: Withdrawal amount greater than the quantity of said Digital Asset present in the Wallet from which the Withdrawal is made, Withdrawal amount not respecting the Minimum Limits , Maximum Limits or a Ceiling, etc.) is likely to give rise to the cancellation of the Operation and to Intervention Fees which will be levied/invoiced to the User in accordance with the stipulations provided for in the article “Financial Conditions”.

The User is solely responsible for the proper communication of (i) the Address of the Wallet or the external Wallet to which he wishes to transfer the withdrawn Digital Assets and (ii) the choice of the correct Blockchain to carry out said Withdrawal.

Davensi cannot be held responsible for any error committed by the User, for example in the communication or use of the Wallet Address to be used for carrying out the Operation (e.g.: Wrong Address or Address which would correspond to a type of Digital Asset different from the type of Digital Asset concerned by the Operation), the User recognizing that such an error may result in the loss of the Digital Assets subject to the Withdrawal Operation, without the possibility of Davensi to resolve this problem and without the possibility for the User to engage Davensi’s liability in this regard.

In the event that an intervention by Davensi would be possible to attempt to recover said Digital Assets, and generally in the event of intervention requested by the User from Davensi in this context, Intervention Fees would be owed by the User to Davensi in accordance with the stipulations provided for in the article “Financial Conditions”, and whether or not the intervention has made it possible to resolve the User’s request.

Upon validation of the Withdrawal by the User, the quantity of Digital Assets corresponding to the amount of the Withdrawal is immediately withdrawn from the User’s Wallet and this amount, after deduction of the Withdrawal Fees, is transferred to the Wallet or external Wallet of which the Address was provided by the User, within a reasonable processing and management time which does not depend on Davensi but on the operation of the Blockchain concerned (e.g. network congestion, applicable verification measures, etc.). Davensi cannot under any circumstances be responsible for the delay in transferring Digital Assets to the concerned Wallet or External Wallet or for the delay in receiving said Digital Assets on this Wallet or external Wallet. Once the Withdrawal has been validated by the User and the Withdrawal amount withdrawn from the User’s Wallet, the Withdrawal is considered to have actually been carried out.

The history of Withdrawals made by the User is available on their Personal Space after a reasonable processing and management time.

4.2.5. Creating an API

The User can, from their Personal Space and through the Exchange Platform, create an API to allow third-party sites or third-party applications (such as aggregators or remote control solutions) to access in real time to their Personal Space and to certain Services, depending on the configuration choices made by the User when creating their API (e.g. read-only or consultation access, write access, access to specific Services or functionality of a Service, etc.). The creation of an API entails the creation of API Keys that the User must communicate to the third-party site or third-party application to which they wish to grant access to their Personal Space and certain Services. These API Keys will ensure the identification and authentication of the request issued by third-party sites or third-party applications to access the Personal Space and therefore the Services, and must therefore necessarily be included in the requests issued by said sites, third parties or third party applications for such access.

API Keys are generated by the Davensi Platform in the event of a request by the User to create an API.

The User is solely responsible for preserving the confidentiality of his API Keys which are strictly personal to him, and undertakes to take all useful measures to ensure this perfect confidentiality. The use of the User’s API Keys to connect and access their Personal Space and the Services and, where applicable, carry out actions or operations (including Operations) is, between the Parties, attributable to the User ( i) accesses, actions and operations carried out, (ii) any use of the Site and Services carried out through said API Keys and (iii) any fact or act relating thereto.

The User is also informed that the connection to his Personal Space or to the Services using his API Keys constitutes between the Parties proof of the identification and authentication of the User. Connections via the API to the Personal Space, to the Exchange Platform and more generally to the Services, as well as the actions and operations thus carried out (e.g. use of the Services, carrying out Operations, etc.) are deemed be carried out by the User as if he had connected using his Identifiers.

In the event of loss or theft of their API Keys, or in the event of unauthorized access to their API, the User will immediately and without delay inform Davensi by email at the following address: contact@davensi.com and will follow the instructions which may be communicated to it by the company, in particular in order to delete its API Keys and/or lock access to its API, or even delete said API Keys. Davensi cannot be held responsible in the absence of information to its attention from the User or in the event of the User’s failure to follow the instructions which will be communicated to them.

Furthermore, when creating an API, the User is required to define the rights granted to said API, and in particular to define whether he grants the API:

• read-only rights, in order to allow simple viewing of the User’s Personal Space and the Wallets and Digital Assets held by the User; Or

  
  

• read-write rights, in order to allow the use of certain Services and the performance of certain Operations, depending on the configuration and settings made by the User.

The User is solely responsible for the choice to create an API, the choices made when configuring the API, and in particular the choices made relating to the rights granted to third-party sites or third-party applications, as well as the choice to use third-party sites. or third-party applications (and the choice of said sites and applications) and to communicate its API Keys to them, such that Davensi cannot be held responsible in any way in this regard.

In addition, it is specified that third-party sites or third-party applications referenced on the Site constitute solutions offered by third-party entities to Davensi and are independent of the latter. Also, when the User decides to use such a site or application, and to give it access to his Personal Space and certain Services via an API, Davensi is not party to the relationship concluded between the User and said third party entities, and cannot be held liable in this regard. The User is required to accept and comply with the contractual conditions of said third party entities (in particular their general conditions of use and their financial conditions, it being specified that the use of the services, sites, applications, etc. offered by these third-party entities may be paying for the User, under conditions and according to methods defined by these entities and under their sole responsibility). Davensi is not the agent or franchisee of the aforementioned third party entities.

In the event of referencing a third-party site or a third-party application on the Site, Davensi limits itself to connecting Users with said site or said application, and is likely to receive remuneration in this respect from said entities third parties.

4.2.6. Using the Launchpad Service

Davensi provides a Launchpad service through which:

• a company seeking to raise funds (hereinafter an “ICO Project Owner”) can manage and launch an ICO (or Initial Coin Offering) and;

  
  

• Users wishing to participate can take part in the show (hereinafter “Participants”).

Participants and ICO Project Owners are considered Launchpad Users for the purposes of these T&Cs.

An ICO is an innovative fundraising process used by companies (ICO Project Owners) who seek to raise funds through the issuance of a new token that will have utility in an application or to use services. Depending on the specific conditions of this ICO, as defined by the ICO Project Owner, Participants will be able, through the Launchpad, to acquire tokens as part of their issuance and receive utility tokens issued by the ICO Project Owner. For example, this token may have some utility in the use of products or services that the ICO Project Owner offers or intends to offer.

Through the site, Davensi provides ICO Project Owners:

• a dedicated management space allowing them to present their ICO;

  
  

• a subscription tool allowing Participants to participate in such an ICO;

  
  

• a KYC onboarding service in partnership with a third party entity.

The launch of an ICO through the Launchpad is subject to the acceptance by the ICO Project Owners of specific additional conditions, to the payment by these ICO Project Owners of an amount in traditional currency and/or of an amount in Digital Assets to Davensi as well as the communication of specific documents/information, as defined in these additional conditions.

Davensi is not responsible for the success or failure of any ICOs presented through Launchpad.

Davensi does not provide any kind of guarantee to ICO Project Owners or Participants regarding the ICO presented on the Launchpad. Davensi does not carry out any prior verification on the ICO Project Owners, the ICO or the Participants and provides no guarantee as to the reliability or seriousness of the ICO Project Owners, the ICO or the Participants. Davensi is not responsible for the publication or withdrawal of an ICO presented via the Launchpad, this publication or withdrawal depending solely on the ICO Project Owners. Davensi is not the agent or franchisee of the ICO Project Owners.

Furthermore, Participants are informed and acknowledge that they will be required, for each ICO in which they wish to participate, to agree to specific terms and conditions that will apply to them and will detail what Participants receive in exchange for their participation. These conditions will be drawn up by the ICO Project Owners and duly uploaded to the Launchpad via their dedicated management space. Davensi only provides a space where ICO Project Owners and Participants can interact but does not intervene in the relationship between the ICO Project Owner and the Participants. Davensi is not responsible for the content published by ICO Project Owners on the Launchpad or elsewhere.

4.2.7. Portfolio management service

Davensi operates a Digital Asset portfolio management service on behalf of third parties. Davensi offers investment strategies on the Site (some of which are developed by Algo Alto, a majority shareholder of Davensi specializing in investment research and development, and made available under a license agreement) in order to execute them on behalf of its clients on the Exchange Platform.

Davensi offers various investment strategies, such as DCA, copy or social trading and the aforementioned investment strategies.

Clients will enter into a management mandate with Davensi and may terminate this mandate upon simple request.

The Davensi platform will allow clients to monitor the evolution of their portfolios with automated reporting. Secure access will allow them to consult the state of their portfolios, know current and past performance, as well as details of invested positions. A portfolio statement editor will also allow them access to an annual tax statement, thanks to the intervention of the service provider ComptaCrypto.

Davensi will benefit from the algorithmic tools for managing Digital Asset portfolios, developed by Algo Alto, and will make it possible to execute investment strategies on Platforms, process and control risk management, generate management reports, portfolio statements and fee statements.

4.3. New Services

Davensi may expand its range of Services by including new services on the Site, whether these services are accessible to any User or only through the User’s Personal Space. These new services are deemed to be an integral part of the Services as defined in the “Definitions” article herein and will be governed by these T&Cs. Unless otherwise indicated, the new Services may be used by the User from their effective availability on the Site, subject, when necessary, to the prior creation by the User of a Space Staff.

4.4. Evolution of Services

Davensi may, at any time and without notice, modify, complete, develop, improve or adapt the Site and the Services, and more generally the services or services offered, with a view to improving the functionalities offered on the Site or in the framework of Services. This may include the deployment of update(s), new version(s), or even adjustments or modifications to existing functionalities. The User must, where applicable and as far as possible, ensure that their IT resources are adapted to changes to the Site and Services in order to benefit from them in the best possible conditions.

Furthermore, Davensi may supplement or modify, at any time and without notice, the Site, the content of the Site and the Services available there, depending in particular on the evolution of technologies. The User must, where applicable, ensure that their IT resources are adapted to changes to the Site and Services.

Furthermore, it is also specified that, to the extent that certain developments, updates, new versions, modifications, etc. may be deployed in particular with the objective of continuity of operation of the Site and Services, the User will not be able to refuse developments, updates, new versions or modifications deployed by Davensi.

In addition to the possibility for Davensi to make certain changes to the functionalities offered on the Site or as part of the Services, the latter may also be required, at any time and without notice, to delete certain Services. In the event of permanent deletion of one or more existing Service(s), Davensi will make its best efforts to notify Users of this development with reasonable notice and provide them with alternative solutions (e.g. alternative operations, transfers to a service third parties, etc.).

In the event of permanent deletion of all Services, Davensi or the User may terminate them under the conditions and procedures provided for in the article “Denunciation - termination”.

4.5. Assistance

Davensi provides technical support to provide information or assistance to Users relating to the technical aspects and functionalities of the Site and Services.

The User remains the sole master of his choices and in particular of the choice to use the Services. In particular, technical support does not support requests relating to the advisability of using the Services and cannot provide financial or strategic advice of any kind.

This support is accessible by instant messaging on the Site, 7 days a week and 24 hours a day. Davensi will make its best efforts to respond to the User’s request as quickly and appropriately as possible. However, Davensi makes no commitment whatsoever on any response time, nor on the relevance or completeness of the content of the response, nor on the fact that the response provided will effectively resolve the User’s request nor to provide a solution.

Furthermore, Davensi does not provide any advice regarding the use of the Services and more broadly the carrying out of Operations/transactions involving Digital Assets. No information provided by Davensi should be construed as investment advice, financial advice, strategic advice, business advice, or any other type of advice.

Except in the case of Management Mandates and DCA strategies, Exchange Transactions are carried out solely on the basis of the instructions communicated by the User, Davensi never verifying their relevance, interest or quality.

Thus, as a reminder, the User is solely responsible for determining whether a transaction, a transaction strategy or a commercial strategy or the carrying out of an Operation is adequate or appropriate according to his personal objectives, his financial situation and his risk tolerance, and the User will be solely responsible for any partial or total loss or damage, harm or even liability arising therefrom.

As with any asset, the value of Digital Assets can fluctuate significantly and there is a significant risk of economic and financial loss when buying, selling, holding or investing in Digital Assets. Davensi has no influence on the fluctuation in the value of the Digital Assets and past performance of the Digital Assets is not indicative of future performance. The User must therefore ask themselves whether the purchase/sale or holding of Digital Assets is suitable for them, taking into account their financial situation. The User is invited to consult professionals specializing in financial, legal or tax advice before carrying out a Transaction involving Digital Assets.