Capsule Corp. released a document (the “White Paper”) presenting the Ternoa project (the “Ternoa Project”). The White Paper does not in any way constitute a recommendation (personalized or not) to buy, sell or arbitrate CAPS tokens, and should in no way be interpreted as such. The White Paper’s presentation cannot be interpreted as an act of financial canvassing within the meaning of articles L.347-7 of the French Monetary and Financial Code or, more generally, of marketing of financial instruments or various goods.
The White Paper may only be used, transmitted, communicated, redistributed, in whole or in part, in accordance with applicable laws and regulations and, under no circumstances, in any country or jurisdiction where such action is prohibited or which requires any license, authorization, approval, endorsement or other form of authorization of Capsule Corp., the White Paper and/or the CAPS tokens.
This White Paper contains sensitive or regulated information. No part of this White Paper may be shared, transmitted, reprinted or reproduced without the prior written consent of Capsule Corp.
The user space is both an Internet site and a service for the acquisition and transfer by the client (the “Client”) of the digital asset qualified as an utility token (the "CAPS" token) issued by the company Capsule Corp. The user space allows access to services (the "Services") developed by Capsule Corp.
Capsule Corp. is a simplified joint stock company under French law with capital of 1,000.00 euros, registered with the Bayonne Trade and Companies Register under the number 882 163 413, whose registered office is located at 1 rue Loeb in Biarritz (64200) ("Capsule Corp").
The object of the present general conditions of use (the "General Conditions of Use") or ("GCU") for the application of the user space thus constitute, with the general conditions of sale or any other contract of acquisition of CAPS tokens concluded with Capsule Corp (the "General Conditions of Sale" or “GCS”), a contract between Capsule Corp and the Client (the "Agreement").
As provided for in the General Conditions of Sale, there is no guarantee that the Services and, more broadly, the Ternoa Project (as defined in the GCS), will be implemented. In this respect, by accepting these GCU, the Client expressly acknowledges having received, read and accepted all the stipulations of the GCU, such declaration and commitment constituting a determining condition of the agreement of Capsule Corp.
The stipulations of the GCS shall prevail over those of the GCU. In this respect, by accepting the present GCU, the Client expressly recognizes that he/she has received, acknowledged, and accepted all of the stipulations of the GCS, such a declaration and commitment constituting a determining condition of the agreement of Capsule Corp.
By accepting the present GCU for the use of the user space, the associated website(s), the GCS, the APls or the mobile applications if any (collectively called the "Site"), the Client expressly acknowledges that he/she has carefully read and understood the GCU in force on the day of his/her acceptance, and that he/she accepts them in their entirety.
The Client, an adult or legal entity, expressly declares to have the capacity and/or to have received the authorization required to buy CAPS tokens by means of fiat currencies or cybercurrencies and guarantees Capsule Corp against any responsibility which can result for it from the use of fiat currencies or cybercurrencies by a person not having these required capacities/authorizations.
The acceptance of the General Conditions of Use by the Client as indicated above and the version of the General Conditions of Use thus accepted by the Client are kept and archived by Capsule Corp in its systems in an unalterable, secure and reliable manner. The Client may at any time consult them, reproduce them, store them on his computer or on another medium, transfer them by email or print them on paper in order to keep them. He/she can also obtain a free copy by e-mail to his/her e-mail address upon specific request from Capsule Corp. CAPSULE CORP is entitled to modify these General Conditions of Use at any time and will publish the modified General Conditions of Use directly on the CAPSULE CORP website (www.ternoa.com). In the event of a significant modification of the General Conditions of Use, the new General Conditions of Use will come into force ten (10) days after their publication on the CAPSULE CORP website and a concomitant notification will be sent by email (to the address that the Client will have indicated to CAPSULE CORP when registering). The absence of disagreement notified by the Client to CAPSULE CORP before the expiry of the aforementioned period constitutes acceptance of these modifications.
However, CAPSULE CORP reserves the right to modify these GCU at any time and immediately in order to comply with any applicable regulations. In the latter case, the new General Conditions of Use will come into force as soon as they are published on the CAPSULE CORP website and a concomitant notification will be sent by email (to the address that the Client has indicated to CAPSULE CORP when registering). The acceptance by the Client of such a modification will constitute a determining condition of the agreement of CAPSULE CORP.
The use of the Site takes the form of confirmation on your part of the acceptance of these General Conditions of Use as well as of your commitment to comply with them.
In the event of failure to accept the general conditions, it will be impossible to use the Site. These General Conditions of Use and their appendices are applicable from March 1, 2021.
The purpose of the Agreement is to determine the conditions of use of the Capsule Corp website. (https://ps2.ternoa.com/), the terms of acquisition of CAPS tokens and the opening of a user account for each Client (together the “Services” offered by CAPSULE CORP).
In case of contradiction between the terms of the GCU and those of the GCS, the provisions of the GCS shall prevail.
CAPSULE CORP may, without being liable for any compensation, make to the Services any modifications or improvements that it deems useful or necessary in order to ensure the continuity, development and security of its services. The Services may also, without any right to compensation against CAPSULE CORP, be limited or extended at any time by CAPSULE CORP (either individually or collectively to all Clients).
CAPSULE CORP allows its Clients, via the platform https://ps2.ternoa.com/, to perform the following actions:
Create a user account
Log in to your user account to access the user space
Connect your “crypto wallet”, also called a personal digital cryptocurrency wallet, such as the external services offered by the platform https://metamask.io/ via browser extension. This “crypto wallet” will then be connected to the user space, allowing the Client to top up its account with crypto-currencies compatible with the services offered by the platform https://ps2.ternoa.com/. It is the Client's responsibility to ensure the correct compatibility and programming of his "crypto-currency wallet", so that the latter can properly interact with the Services offered on the platform
Log out of the user space
Consult your “crypto wallet” address connected to your user space. It is the Client's responsibility to ensure that the “crypto wallet” address entered on the Service platform interface matches his personal “crypto wallet” address, is compatible with it, and allows the reception of CAPS tokens and NFT or Non-Fungible Tokens available on the platform
Consult the number of CAPS tokens reserved by the Client in the “Your balance” menu
Consult the different deadlines for lifting the inalienability of applicable reserved CAPS tokens. The CAPS tokens reserved by the Client are subject to periods of "vesting" or inalienability, or compulsory retention, during which the CAPS tokens cannot be sold or recovered. Details of these vesting periods are available in the White Paper on the site https://github.com/capsule-corp-ternoa/white-paper/blob/main/white-paper-en.md the chapter entitled “Token release rules”
Request unblocking and thus send CAPS tokens to a “crypto wallet" connected to the user space by clicking on the "claim" button. This action can only be carried out after exceeding a deadline for the lifting of the inalienability of the CAPS tokens. This action may only concern the portion of CAPS tokens defined by the “vesting” rules corresponding to this deadline. It is the Client's responsibility to ensure the ability of his “crypto wallet" to receive CAPS tokens.
Consult the NFT or Non Fungible Token reserved via the Services platform
Request the sending of the reserved NFT, or Non-Fungible Token, by clicking on the corresponding "claim" button (or equivalent). The NFT will be sent to the “crypto wallet" address connected to the relevant user space. It is the Client's responsibility to ensure the ability of his “crypto wallet" to receive this NFT.
Reserve an NFT or Non-Fungible Token equivalent to a quota of CAPS tokens by clicking on the “Buy” buttons (or equivalent) mentioning the price of the service. Once the Client has clicked on this button a payment validation window will appear. The Client must validate the payment by clicking on "Validate" (or equivalent). The payment takes the form mentioned in articles 4 and 5 of these GCU.
View the total amount of funds raised by Capsule Corp. for the Ternoa Project.
Access a button to perform or finalize the LCB-FT procedure via the Synaps service platform
Consult the banking details and information necessary for proceeding with the payment by means of bank wire transfer to the benefit of Capsule Corp under the conditions allowing the successful completion of the reservation of the tokens and NFTs.
Consult and accept the GCU.
Consult and accept the GCS.
It is hereby stated that the sending of CAPS tokens and NFTs reserved on the Client's “crypto-currency wallet” will only be possible and authorized if the latter has successfully completed the LCB-FT procedure via the updated Synaps interface available through the https://ps2.ternoa.com platform and that its profit has been validated at the end of the LCB-FT procedure. If this is not completed, Capsule Corp. will reimburse the Client according to the conditions of the GCS.
DURATION OF CONTRACT
The Agreement enters into force upon acceptance of the GCU, which are indivisible from the GCS, for an indefinite period.
2. Right of Withdrawal by the Client, Non-Consumer and Consumer Client
A Consumer means, for the purposes of these General Conditions of Use, a customer within the meaning of the preliminary article of the Consumer Code, that is to say any natural person acting for purposes which are not within the scope of his commercial, industrial, craft, liberal, or agricultural activity.
Consequently, Clients who are legal entities do not benefit from a period of 14 days to withdraw from a contract from the date of delivery of the goods, subject of the contract (the "Right of Withdrawal")
The CAPS token is a cryptographic asset that includes specific information required for the provision of the Services. Neither this information nor a CAPS token as such is provided on a physical medium.
In accordance with Article L 221-18 of the Consumer Code, a Consumer Client has a Right of Withdrawal.
If the Consumer wishes to exercise his Right of Withdrawal, he/she must notify his/her decision by an unequivocal declaration (for example, a letter sent by mail, fax, or email) to the supplier / seller of the said good.
However, and in accordance with Article L 221-28 of the Consumer Code, the Right of Withdrawal may not be exercised in the context of contracts relating to the supply of digital content not supplied on a physical medium for which performance has begun after prior and express request of the Consumer and subject to his prior express waiver of the Right of Withdrawal.
Accordingly, Capsule Corp may only transfer CAPS tokens to the Client's digital asset wallet and only if the Client is a Consumer who:
- expressly requested Capsule Corp that the transfer of the CAPS tokens take place as quickly as possible; and
- has expressly waived his right of withdrawal.
As a result, by accepting these General Conditions of Use and entering into the Agreement, the Consumer Client expressly requests that the CAPS tokens be delivered to him/her as soon as possible on his digital asset portfolio and consequently waives his Right of Withdrawal.
OPENING OF A USER SPACE
The use of the Services can be made from the website https://ps2.ternoa.com/ provided the Client has a valid email address and comply with the technical prerequisites.
To use the Services, the Client needs to have computer hardware support such as a PC, tablet or smartphone, connected to telecommunications networks and the Internet.
In the event that the Client changes his Client email address and wishes to use the Services again, he/she is invited to contact Ternoa's support via the website www.ternoa.com, or by sending an email to the address firstname.lastname@example.org.
In order to access the user space, the Client will have to fill in his valid Client email and password and then click on the "Log in" button. The connection is protected by a double authentication in the following form:
- A 6-character alphanumeric code will be sent by SMS/text message to the user's cell phone filled in by the user during the user space personal account creation phase. This code must be copied into the text field appearing on the interface, then the Client must click on "Verify!" in order to validate the verification process. If the Client has entered the wrong code, or if he/she does not have his phone, he/she will have to repeat the operation until it is completed.
Once these steps have been correctly completed by the Client and finalized, the Client can access his/her user space.
OPENING A USER ACCOUNT
To create a user account, the Client must go to https://ps2.ternoa.com/sign_up, or to the default address of the platform's website and click on the "Sign up" button.
The user will then have to complete the following form comprised of personal information:
Email: the Client must provide a valid personal email address that is made available to them. A Client may only use a personal email address once to create an account on the platform.
Password: the Client must enter a personal password that can contain numbers, upper or lower case letters and special characters.
Password confirmation: the Client must enter the same personal password in the "Password" text space, which may contain numbers, upper or lower case letters and special characters.
Phone: the Client will select the country of origin of his telephone line by clicking on the logo of a flag and select the corresponding country from the list provided. He/she will also have to fill in his valid personal telephone number, which can be used by the platform to send SMS/text messages for confirmation or verification.
The Client must check the boxes saying "I have read the GCS” to indicate that he/she has read, understood and accepted the General Conditions of Sale.
The Client must check the boxes saying "I have read the GCU” to indicate that he/she has read, understood and accepted the General Conditions of Use.
Once the form has been correctly completed, and in order to validate the creation of his user account, the Client must click on the "Create my account" button. If one of the fields of the form is filled in with incorrect or non-accepted information, an error message will be sent to the Client.
In case the fields of the form are correctly completed, a double authentication in the following form will be requested from the Client:
A 6-character alphanumeric code sent by SMS/text message to the user's cell phone filled in by the user during the user space personal account creation phase. This code must be copied into the text field appearing on the interface, then the Client must click on “Verify!" in order to validate the verification process. If the Client has entered the wrong code, or if he/she does not have his phone, he/she will have to repeat the operation until it is completed.
Once this double authentication has been completed, the Client will have completed the creation of their user account.
The Client will then be asked to carry out the LCB-FT procedure (the procedure by which Capsule Corp, via its service provider Synaps, collects information and documents relating to the Client in the context of the anti-money laundering and combatting financing of terrorism regulations) by clicking on the “Start my KYC” button (or any equivalent). It is important to specify that the completion of the LCB-FT procedure is not a mandatory prerequisite to access the user space or to proceed with the reservation and acquisition of any of the Services offered on the platform. However, this is an essential prerequisite for the delivery of the Services (CAPS tokens and NFTs) to the Client by Capsule Corp.
To carry out the LCB-FT procedure, Capsule Corp calls upon the services of the Synaps platform (https://synaps.io/). Synaps has at its disposal a KYC interface specific for the Ternoa service allowing the Client to record essential personal information allowing the validation of identity with regard to the legal prerequisites relating to the sending of crypto-currency.
The Client shall upload the following items to the platform, respecting the acceptability criteria specified by the Synaps interface
Thanks to a flag logo they will be able to choose the language used for the form. The proposed languages are English and French.
Authenticity: the Client must take a picture of their face in an identifiable and clear way thanks to the tool provided by the Synaps interface.
Identity: the Client will have to select their country of origin from the list of countries and then will have to download or take a picture of a valid identity document according to their country of origin. The documents must be legible and valid.
Proof of residence; the Client must download a valid official document allowing confirmation of their place of residence via a proof of address or a bank statement, for example. The list of valid documents depending on the country is available on the Synaps interface.
Once this form is completed, a validation message will appear on the Synaps interface.
In the event that the Client is a legal person, the latter must, in order to validate his LCB-FT procedure, send to Capsule Corp via the email address email@example.com, or via any secure means of his choice, the following information:
Corporate name of the holder of the user account
Description of the user account holder's project or activity
Country of registration of the holder of the user account
Name and surname of the legal representative of the user account holder
Date of birth of the user account holder's legal representative
Contact email of the holder of the user account and his legal representative
Telephone number of the legal representative of the holder of the user account
Payer or Beneficiary status of the user account holder
Registration number (SIREN or equivalent to the user account holder's number)
Address of the registered office of the holder of the user account
RIB, IBAN and BIC of the holder of the user account
Once this information is received, the Client will be notified by email on behalf of Capsule Corp concerning the validation of his LCB-FT procedure. The absence of response does not constitute acceptance and validation of the LCB-FT procedure.
Capsule Corp commits itself to replying to the Client within two months regarding the acceptance or refusal of his KYC file. However, the absence of reply within this time will automatically cancel the file.
Users who have lost their password
If a Client loses his password, they can go to the page https://ps2.ternoa.com/log_in and click on the button "Forgot your password? ". This will bring up a dialog window in which the Client will have to fill in his/her valid personal email address that he/she used to create his/her user account beforehand. Once the email address has been filled in, the Client must click on the "Submit! "button (or equivalent).
The Client will then receive an email at this same email address containing a unique link. This will open a page on which the Client will have to enter a new personal password twice, which can be made up of numbers, upper and lower case letters and special characters, and then click on "Save" (or equivalent).
Once this step has been completed, the Client can go to https://ps2.ternoa.com/log_in and identify himself via his email address and new password in the fields provided for this purpose.
The Client declares having read, understood and accepted the General Terms and Conditions, the warnings on the requirements of LCB-FT and non-residence/non-citizenship of any jurisdiction for which no transfer of the White Paper, CAPS tokens and/or Services can take place and/or is limited under the terms of the General Conditions of Use.
CAP TOKEN REGULATION
Payment of NFT and CAPS tokens by bank wire transfer:
Payment by bank wire transfer is accepted and the information necessary for payment is available on the page https://ps2.ternoa.com/nft-wallet.
The only currency accepted is Euro (€).
The Client must give the following details about his transfer:
Name and surname of the user in the case of an individual Client. It is imperative that the first and last names mentioned are the same used for the creation of the user account.
Name of company in the case of a Client that is a legal entity. It is imperative that the name of the company mentioned is the same one used for the creation of the user account.
In case of receipt of a bank wire transfer with missing or erroneous information, these funds will not be accepted, and will be returned to the Client who will not be able to finalize the reservation of his tokens and NFT.
Any error on the part of the Client in the seizure of the banking co-ordinates of the Company involving the loss of the currencies at the time of the transfer will not be ascribed to the company Capsule Corp.
A Client who has paid in this way will receive an email no later than August 30, 2021 confirming that their payment has been taken into account. In addition, as soon as their payment has been confirmed, they will be able to check the balance of CAPS tokens allocated to them on their user space.
NFT regulations and CAPS tokens by cybercurrency:
Payment via e-wallets will be made possible through the connection of a "crypto wallet" also called a personal digital cryptocurrency wallet, such as the external services offered by the platform https://metamask.io/ via browser extension. The Client may, of course, use any other "personal digital wallet", but it is the Client's sole responsibility to ensure that the wallet chosen is compatible with the services offered by the https://ps2.ternoa.com/ Services platform.
In order to be able to settle NFTs and CAPS tokens by cybersecurity, the Client must ensure that they have in their personal digital cryptocurrency wallet one of the following currencies in sufficient quantity: USDT, BUSD, USDC, DAI.
The Client is responsible for the various fees, taxes, charges or other costs relating to the contribution of their personal digital crypto-currency portfolio for the acquisition of NFTs and CAPS tokens on the platform, as well as various fees, taxes, charges or other costs relating to the transfer of cybersecurity from the Client's personal digital cryptocurrency wallet to the personal digital cryptocurrency wallet address of Capsule Corp. Capsule Corp cannot be held responsible and/or liable for these fees, taxes, charges or other costs.
Once all of the aforementioned prerequisites have been verified by the Client, the Client will be able, once connected to their user account, to access their user space via the page https://ps2.ternoa.com/nft-wallet, and select the service they wish to reserve by clicking on the "Buy" button followed by the amount of the Service mentioned in Euros.
Once the Client has clicked on this button, a validation window for the payment will appear. The Client must validate the payment by clicking on "Validate" (or equivalent).
Without prejudice regarding the limits of guarantees provided for in the GCS, the Client is informed and acknowledges that Capsule Corp declines all responsibility and gives no guarantee as to the accuracy and reliability, completeness or timeliness of the Services offered by Capsule Corp or as to the results obtained by the use of these Services. The Client acknowledges that any use of the Services is at its own risk.
The Services are available 7 days a week and 24 hours a day except for any maintenance periods, unexpected interruption of the Services, failure of the network or technical intermediaries, or force majeure.
The Client is informed and recognizes that no one can guarantee the correct functioning of the Internet network as a whole and that certain connection losses may be due to the failure of certain technical intermediaries.
Thus, the software used for supplying the Services fall within a particularly complex data processing field, and that regarding the current state of knowledge, they cannot materially be the subject of tests or experiments covering all the possibilities of use.
The Client is informed and thus accepts the risk of flaws or unavailability of Services.
MANDATORY INFORMATION PROVIDED BY THE CLIENT
The Client undertakes to inform CAPSULE CORP as soon as possible of any modification of the information provided when entering into a relationship or subsequently, whether on their own initiative or at the request of CAPSULE CORP in order to update the information concerning any change in civil status, legal capacity, address (fiscal, postal or electronic), mobile phone number, fiscal or professional status.
When the Client becomes a resident of any jurisdiction prohibited under the conditions of the GCU after the opening of their user account, he/she undertakes to inform CAPSULE CORP.
Moreover, it is understood that any written notification by post and any email sent by CAPSULE CORP are correctly sent to the last address notified by the Client.
The Client is responsible for the Client email address that he/she communicates to CAPSULE CORP. As such, he/she accepts that information concerning them passes in clear text during the exchanges that take place via a personal or professional email address.
CAPSULE CORP cannot be held responsible for the interception or diversion of the content of messages transmitted via the Internet sent to a personal or professional e-mail address communicated by the Client or on his smartphone.
Likewise, CAPSULE CORP cannot be held responsible for any consequences, direct or indirect, arising from erroneous, incomplete, insufficiently clear or precise information, in particular those concerning the e-mail address or mobile phone number communicated by the Client.
MODIFICATION OF CONTRACT
Modification of General Conditions of Use
Any legislative or regulatory measure which would have the effect of modifying all or part of the Services described herein, will be applicable as soon as it comes into force. Furthermore, CAPSULE CORP reserves the right to modify the Agreement at any time and immediately in order to comply with any applicable regulations. In the latter case, the new General Conditions of Use shall come into force as soon as they are published on the CAPSULE CORP website and a concomitant notification shall be sent by email (to the address that the Client will have indicated to CAPSULE CORP when registering). Acceptance by the Client of such a modification shall constitute a determining condition of CAPSULE CORP's agreement.
The Agreement may, moreover, evolve and require certain substantial modifications initiated by CAPSULE CORP. In this case, the Client shall be informed of the changes made to the Agreement no later than ten (10) days before the new conditions come into force. During this period, the Client may refuse the modifications and terminate the Agreement without any termination fee by e-mail, by simple or registered letter to CAPSULE CORP.
In the absence of notification of termination notified by the Client, the modifications shall be deemed to have been definitively approved by the Client.
In addition, CAPSULE CORP reserves the right to make changes to its Services at any time if such changes are minor or have the effect of improving the quality of the services offered. In this case, such modifications shall take effect immediately.
Except under specific conditions provided for certain services, CAPSULE CORP. will notify the Client either directly on the website www.ternoa.com ou https://ps2.ternoa.com/, or by email, letter, or any other document addressed to the Client.
PERSONAL DATA AND PRIVACY
With transparency being a key value for CAPSULE CORP, the company attaches the utmost importance to respecting the privacy of the Client and to this end complies with all provisions of Law No. 78-77 of January 6, 1978 called "Data Protection Act" in its current version.
CAPSULE CORP is responsible for the processing of personal data provided by the Client in connection with the Services (hereinafter the "Personal Data"). CAPSULE CORP collects and keeps the Personal Data that the Client has voluntarily provided. The following is deemed to be Personal Data: any data relating to a Client’s identity, telephone numbers, Personal Identifiers allowing access to the user account, residence information, Operations, IP addresses, and any financial information provided by the Client.
Security of collected Personal Data
Access to the servers on which data is collected, processed and archived is strictly limited. Technical and organizational precautions have been taken, where appropriate, to prevent access to any unauthorized person. Within CAPSULE CORP and its intermediaries, only authorised persons can access the Client's Personal Data.
CAPSULE CORP guarantees the existence of adequate levels of protection in accordance with applicable legal and regulatory requirements, in particular those relating to data protection.
For security reasons, after the closure of the user account, CAPSULE CORP will keep the Client's Personal Data for a period of five (5) years, as well as the history of events and operations related to his user space and those mentioned in his electronic account statement.
The Client is informed and accepts that Capsule Corp, in its capacity as data controller, collects and processes Personal Data for the purposes of:
Compliance with any applicable legal or regulatory provisions, in particular with regard to LCB-FT
Transaction processing, management, and archiving
Control and prevention of incidents and irregularities (combatting fraud or any other type of abuse)
Central customer management
Handling Client requests
Carrying out tests, statistics and surveys
Training of personnel assigned to relevant Services
Quality control of Services provided to the Client
Commercial prospecting, direct advertising related to the Services or to other products or services promoted by Capsule Corp or companies related to Capsule Corp.
The Client is informed that their Personal Data may be recorded in one or more files in compliance with the applicable legislation and agrees that their Personal Data may be stored and processed in accordance with the purposes previously stated.
Communication of collected Personal Data
Notwithstanding the professional secrecy to which Capsule Corp is held, the Client accepts that the Personal Data strictly necessary to the carrying out of at least one of the purposes mentioned above or to what is required by virtue of the applicable regulations, are communicated in a secure way — if necessary in encrypted form — by Capsule Corp to the subcontractors and outsourced service providers whose involvement is necessary for the execution of the Services.
The Client accepts that the communication of his/her personal information to the aforementioned persons may be made.
Right of access, opposition and rectification of Personal Data
The Client has a right of access to the Personal Data concerning them and is informed that he/she can consult this information at any time that he/she has communicated to Capsule Corp, and has the right to obtain the rectification of inaccurate Personal Data concerning them, as well as modify certain Personal Data on their user space.
Capsule Corp informs the Client that as part of the Services offered, cookies (files sent by the Capsule Corp server which are saved on the hard drive of the Internet user's computer) may be used.
In accordance with Article 1368 of the French Civil Code, the Client and Capsule Corp agree on the rules of evidence admissible within the framework of the use of the Services.
The Client accepts that all identification elements used are admissible in court and can prove the data and elements they contain as well as the authentication procedures and signatures they express.
The Client acknowledges that it expresses its consent by entering its personal identifiers and/or the password received and/or by ticking boxes and/or by using any other means made available. The Client agrees that these procedures are admissible in court and demonstrate the data and elements they represent as well as the signatures they express in accordance with the requirements of Article 1367 of the French Civil Code.
The Client accepts that the concluded contracts, archived within the framework of the Services, the files of proof (possibly contained on durable supports), the emails, the telephone recordings, the acknowledgements of receipt exchanged between Capsule Corp and the Client are admissible in court and prove both the data and the elements which they contain.
The Client is informed that any electronically signed documents are archived in conditions of nature to guarantee their safety and their integrity in time in accordance with article 1366 of the French Civil code, which the Client recognizes.
The Client is reminded that an electronic signature gives legal effect to contracts and operations concluded within the framework of the Services in the same way that a handwritten signature does.
The Client acknowledges that the fact of receiving by email the signed document at their email address is considered as delivery within the meaning of Article 1127-6 of the French Civil Code.
Within the framework of the relationship between the Client and Capsule Corp, any proof of connections, computer records or other identification elements will be established as much as necessary, on a computer medium or a paper medium.
All of the Services and each of the elements that make them up (including especially the associated trademarks, the Capsule Corp.eu website (and in particular the extension https://info.ico.w p o.eu/), the General Conditions of Sale, the related technologies, and the blockchain technology used, etc.) are the exclusive intellectual property of CAPSULE CORP, in accordance with the provisions of the Intellectual Property Code. As such, the software, interfaces, database, know-how, data, texts, articles, newsletters, press releases, presentations, brochures, illustrations, photographs, computer programs, animations, accessories and all other information provided by CAPSULE CORP to the Client, regardless of the medium, current or future, are the exclusive intellectual property of CAPSULE CORP. They are part of its trade secrets and confidential information without regard to whether or not certain components may or may not be protected under current legislation by an intellectual property right.
The General Conditions of Use do not confer to the Client any ownership of the intellectual property rights over the Services and all their components, which are and remain the exclusive property of CAPSULE CORP.
The provision of the Services as provided for in the General Conditions of Use shall not be construed as a transfer of ownership of such intellectual property rights to the Client.
Consequently, the Client shall refrain from and shall indemnify CAPSULE CORP against any action or any act that may directly or indirectly infringe the intellectual property rights of CAPSULE CORP.
The Client is not authorized to reproduce, represent, modify, translate and/or adapt, in part or in whole, any of the elements of the Services that comprise them, nor to reproduce or represent such translations, adaptations and/or modifications, in part or in whole, without the prior written consent of CAPSULE CORP.
All trademarks of products and services contained in or associated with the Services that are not trademarks of CAPSULE CORP belong to their owners. References to the names, trademarks, products or services of third parties do not constitute an endorsement of the products or services of these establishments.
The trademarks “Ternoa”, “Capsule Coin” and "CAPS" are the property of CAPSULE CORP.
The Client agrees not to remove the reference to the trademarks "Ternoa”, “Capsule Coin” and “CAPS" especially any element provided or made available by CAPSULE CORP, such as software, document or banner advertising.
When using the Services, the Client shall refrain from engaging in acts, of any nature whatsoever, which would be contrary to French law, French public order and morality, or to the rights of a third party.
The Client also agrees not to divert the Services from their purpose, in particular by accessing data to which it has no right of access, by downloading data in an unlawful manner or in a manner that would infringe the rights of third parties, or by using the Services for unlawful purposes.
CAPSULE CORP shall in no event be held liable for the harmful consequences of such use of the Services. CAPSULE CORP also reserves the right to remove any content that is unlawful or infringes upon the rights of third parties as soon as it becomes aware of such violations.
In the event of serious misconduct by the Client, CAPSULE CORP may proceed, without prior notice, to close the user account.
Identity theft and practices known as "phishing" are at the heart of CAPSULE CORP's concerns. The protection of the Client's Personal Data, especially regarding the prevention of identity theft, is one of its priorities. CAPSULE CORP assures the Client that it will never ask for his social security number or any other official identification element, whether by email or by any other means.
ANTI MONEY LAUNDERING AND COMBATTING FINANCING OF TERRORISM
As a subject entity within the meaning of Article L. 567-2, 7 of the French Monetary and Financial Code, CAPSULE CORP is required to report to the competent authorities (TRACFIN) all transactions that it suspects may result from an offence punishable by a prison sentence of at least one year, or from tax fraud, or any act that may involve the financing of terrorism.
To meet its obligations, CAPSULE CORP (in particular through its third party service providers) is required to exercise constant vigilance with regard to all of its customers, and to ensure that the operations carried out are consistent and coherent with the information provided by the Client at the time of the entry into the relationship and updated throughout the relationship.
When CAPSULE CORP (in particular through its third party service providers) notes transactions which appear to it to be abnormal, in particular because of their terms, their amount or their exceptional nature in relation to those processed up to that point, CAPSULE CORP is required, in application of its LCB-FT procedure, to contact the Client in order to request explanations on the said transactions, such as their economic justification, their origin and destination of the funds, the identity of the beneficial owner of the transaction, or even to request additional supporting documents which corroborate these explanations.
The Client's refusal to communicate these elements may lead CAPSULE CORP to make the declaration provided for in Article L. 567-75 of the French Monetary and Financial Code, to TRACFIN, and if necessary, to terminate the relationship between CAPSULE CORP and the Client.
NO LIABILITY OF CAPSULE CORP
As indicated in the GCS, CAPSULE CORP is only bound by an obligation of means with regard to the implementation of the Ternoa Project. Regarding access to Services, CAPSULE CORP is only bound by an obligation of means to ensure access to these Services under the conditions stipulated herein.
The Client accepts that these Services may for various reasons (maintenance, unavailability of the telecommunications network, etc.) be temporarily unavailable in whole or in part without this engaging the responsibility of Capsule Corp, and for any reason whatsoever that may be Capsule Corp assumes no responsibility for the transportation of information and interruptions of Services as a result of fortuitous or “force majeure” events or malfunction and / or saturation of the telephone operator's network or a failure of the Internet service provider of the Client. It is unrelated to any dispute that may involve the Client, as would be the fact that said smartphone is not in service or that it is outside the reception area provided for in the contract with the telephone operator: nor indeed because the Client has not sent Capsule Corp his new contact details, including his email address.
The Client is responsible for ensuring the security of the remote communication systems. As such, the Client releases Capsule Corp from any consequences that may result from the use of the means of communication at his disposal, resulting in particular from a technical failure of his equipment, error, insufficiency or imprecision in the instructions sent to Capsule Corp or the use by an unauthorized third party of their personal identification elements. Therefore, if Capsule Corp blocks a message because it contains a virus, the Client acknowledges that Capsule Corp cannot be held responsible for any damage that may occur in the event of failure to take into account and/or process a transmitted instruction by the customer.
In the event of an interruption of Services or the impossibility of using said Services, the Client has the option to have his instructions taken into account or to reiterate his request to use the other means of communication made available to him (mail or phone).
LIABILITY OF THE CLIENT
The customer's attention is drawn to the liability commitments he made in the general conditions of sale which constitute a determining condition of Capsule Corp. of these GCU and therefore of the Agreement. in particular, the client is liable toward capsule corp and the persons referred to in the general conditions of sale under the terms of this agreement. The following stipulations apply without prejudice to the stipulations of the General Conditions of Sale.
Regarding connection to user space
It is the Client's responsibility to take all useful precautions to lock access to his electronic mailbox using personal and confidential codes.
The Client shall bear all the consequences that may result from a voluntary or involuntary disclosure. The Client is solely responsible in the event of malfunctioning of equipment, misuse or any other external circumstance affecting the receipt of alerts or his content.
The Client remains responsible for checking his electronic account statements, which alone shall continue to be binding between the parties. The Client remains entirely responsible for the management of his user account, notwithstanding any possible failure of the user space, which may in no way be opposed to CAPSULE CORP to allow the Client to be released from its liability.
Regarding the user account
Checking the content of the user account
The Client must verify the accuracy of the content and entries in the user account.
Information on the Client's personal situation
It is up to the Client to communicate in writing to CAPSULE CORP or on its user space his exact address. The Client must also inform CAPSULE CORP of any change relating to his status as a Client (telephone number, address, email, last name, etc.).
In the absence of information of any change, CAPSULE CORP shall in no event be liable for any prejudicial consequences for the Client such as the blocking of the user account or any other malfunction of the Services.
The Agreement holds for an indefinite period. Unless otherwise provided by law, it can be terminated without reason and at any time at the initiative of Capsule Corp, without notice, by e-mail. In the event of seriously reprehensible behavior on the part of the Client, the cancellation and closing of the user account will be carried out without notice, or at the initiative of the Client without notice by e-mail accompanied by the copy of his identity document (NIC or passport) valid and addressed to Capsule Corp.
RIGHT OF RETENTION AND COMPENSATION
CAPSULE CORP may exercise its right of retention regarding any digital asset duly registered in its books in the name of the Client until full payment of all sums, costs, commissions and accessories owed by the latter to CAPSULE CORP.
It is expressly agreed between CAPSULE CORP and the Client that CAPSULE CORP may offset any certain, liquid and payable debt with the credit balance of the user account. Such compensation may be made at any time but also when the user account is closed.
In accordance with legal and regulatory provisions and international conventions, CAPSULE CORP has taken the appropriate measures to ensure the confidentiality of the information transmitted. However, the Client hereby expressly authorizes CAPSULE CORP to communicate (i) the information strictly necessary for the management of the commercial relationship, to the legal entities of its group and to third parties for the performance of the services entrusted by CAPSULE CORP, in particular for the performance of the Services, the processing of the obligations of KYC and LCB-FT and the transactions recorded in the Client's user account and (ii) more generally, any information reasonably necessary for CAPSULE CORP to comply with the legal and regulatory provisions and international conventions.
The Client will respect the strictest confidentiality concerning all technical, commercial or any other nature may come to be known in the course of supplying the Services.
This obligation of confidentiality will remain in force during the duration of the subscription to the user account and after its closure for whatever reason. This obligation of confidentiality does not apply to information that is or becomes publicly available through no fault of the Client.
If any provision of the Agreement is null and void or unenforceable under law, it shall be deemed to be unwritten and another provision shall be substituted at CAPSULE CORP's initiative in order to achieve the purpose originally intended by said provision within the limits of the law and regulations. The nullity or inapplicability of any provision of the Agreement shall not affect the validity or applicability of the other provisions of the Agreement, and in any event shall not affect the continuity of the contractual relationship.
APPLICABLE LAW - COMPETENT JURISDICTION
This Agreement is governed by French law.
Unless otherwise mandatory, any dispute relating to the validity, interpretation or performance of this Agreement shall be submitted to the Commercial Court of Bayonne.