Legal
Terms of Use of the Viewing Platform
App Automata France — Terms and Conditions of Use of the Ring-Fenced Area (read-only visualisation of historical positions).
Date of last update: 22 July 2026
IMPORTANT – NEW CONTRACTUAL FRAMEWORK
Regulatory compliance – Discontinuation of the former crypto-asset services
Automata France SAS, which until now carried out certain crypto-asset activities under the commercial name “Vancelian”, was required to discontinue, as from 30 June 2026, the crypto-asset services operated by it and falling within the status of Crypto-Asset Service Provider within the meaning of Regulation (EU) 2023/1114 of 31 May 2023 on markets in crypto-assets (“MiCA”).
This mandatory discontinuation concerns the services formerly provided by Automata France SAS, in particular the custody, deposit, withdrawal, purchase-sale or exchange of crypto-assets (formerly digital assets) operated within the framework of the former Vancelian platform.
These terms and conditions of use (hereinafter the “T&Cs”) constitute a substantial modification of (i) the characteristics of the services formerly provided by Automata France SAS and (ii) the former general terms and conditions applicable to those services, resulting from regulatory and technical developments. These T&Cs require the express acceptance of Users and apply exclusively to access to the Visualisation Area of the new software interface named “App Automata France” and to the read-only visualisation of the historical positions to be wound down, in particular the Vaults and Exclusive Offers.
These T&Cs govern exclusively the conditions of access to and use of the Area, as well as the arrangements for the read-only visualisation of the Vaults, Exclusive Offers and, more generally, the historical positions to be wound down.
New App Automata France interface
In accordance with the new regulatory requirements applicable to Automata France SAS, App Automata France is a software interface enabling the user to view certain information and their historical positions. This interface is published, operated and hosted by Automata Holding Ltd, the parent company of the group.
Within this new framework, the Company acts solely in the capacity of publisher of the interface. It carries out no crypto-asset transaction, provides no exchange or custody service, and does not act as counterparty to users’ transactions. It operates no service other than the Website and the Application.
App Automata France offers no service in Fiat Currency. In particular, the interface does not permit the holding, issuance, deposit, withdrawal or exchange of euros. Any reference to a value in euros, where it appears in the interface, is purely indicative and denominated by reference to a stablecoin, in particular EURC or USDC.
Information relating to the former Vancelian services
Users still holding assets, balances or positions opened under the former services offered by Automata France SAS under the Vancelian name are invited to consult the FAQ dedicated to the plan for the discontinuation of crypto-asset services (formerly digital assets), available on the Website, as well as the Wind-Down Plan page.
The purpose of this FAQ is to set out, for information purposes, the practical arrangements enabling the users concerned to recover, withdraw, convert or transfer their assets within the framework of the plan for the discontinuation of the former services.
It is specified that this FAQ does not form part of these T&Cs and does not modify their scope. These T&Cs govern only the conditions of access to and use of the Ring-Fenced Area as well as the read-only visualisation of the historical positions to be wound down. They govern neither the former Vancelian services, nor the withdrawal, transfer or repayment arrangements applicable to positions previously opened in the former Vancelian application. These elements remain governed, as the case may be, by the former applicable contractual documents, by the discontinuation plan, by any dedicated terms separately accepted by the user, or by the terms specific to the third-party companies concerned.
These T&Cs, which may be updated periodically, set out the conditions under which Automata Holding Ltd (the “Company”) allows the eligible User to access, within the platform, the Ring-Fenced Area dedicated to the read-only visualisation of the historical positions to be wound down, in particular the Vaults and Exclusive Offers.
These T&Cs are entered into between:
- Automata Holding Ltd (the “Company”), a company incorporated under the laws of the United Arab Emirates (private company limited by shares) with its registered office at ResCo-Work79, Floor 1, Pixel Plaza – Tower 6, The Makers District, Abu Dhabi, Al Reem Island, United Arab Emirates, registered with the Abu Dhabi Global Market under number 33537, parent company of Automata France SAS,
- and the User, a natural or legal person, acting in the capacity of professional or consumer, who (i.) visits or uses the Company’s website accessible at the URL https://app.automatafrance.com (hereinafter the “Site”) published by the Company and/or (ii.) uses the Services offered within the Site/Application (as defined below).
By using the Services and having expressly accepted these T&Cs via the dedicated tab on the Website, you acknowledge and accept that you have read this document and consent to be legally bound by it.
The Company and the User are hereinafter individually referred to as a “Party” and jointly as the “Parties”.
PREAMBLE
Please consult the Website and the Application and read all of their sections Yourself. The Website and the Application provide a non-binding description of the Services that will be offered by the Company, more specifically on the following page: https://app.automatafrance.com/settlement-plan.
DEFINITIONS
In addition to the terms defined elsewhere in these T&Cs, terms beginning with a capital letter shall have the meaning set out below, whether used in the singular or the plural.
Application – means the software interface named “App Automata France”, accessible via the Website, published, operated and hosted by the Company, which allows You to view a Ring-Fenced Area enabling the read-only visualisation of the positions to be wound down (Vaults and Exclusive Offers), under the dedicated conditions applicable to that area.
Vaults and Exclusive Offers – mean the historical positions to be wound down, based on contracts entered into directly between the User and the Third-Party Debtor Companies, the allocation of which is frozen as at 22 May 2026 and presented on a read-only basis within the Ring-Fenced Area. The conditions applicable to these positions are the subject of these T&Cs and the substantive rights relating thereto remain governed by the contracts originally entered into with the Third-Party Debtor Companies.
Crypto-assets – means any digital representation of value which is not issued or guaranteed by a central bank or a public authority, which is not necessarily attached to a legal currency and which does not have the legal status of currency, but which is accepted by natural or legal persons as a means of exchange and which may be transferred, stored or exchanged electronically.
Ring-Fenced Area – means the part of the Application reserved solely for eligible Users whose e-mail address corresponds to an existing position, and accessible after acceptance of these T&Cs. The Ring-Fenced Area is limited to the read-only visualisation of the Vaults and Exclusive Offers positions. No new outstanding amounts and no new clients are admitted therein. These T&Cs do not modify the substantive rights and obligations applicable to these historical positions, in particular the payment, interest, reward or repayment obligations incumbent on the Third-Party Debtor Companies, which remain governed by the applicable underlying contracts.
Fees – has the meaning given to it in Article 4.
Fiat Currency – means the official currency of a country issued by a central bank or other monetary authority.
Services – means, for the purposes of these T&Cs, the technical visualisation, aggregation and display services made available by the Company within the Ring-Fenced Area, enabling the eligible User to consult, on a read-only basis, certain information relating to their historical positions to be wound down, in particular the Vaults and Exclusive Offers, under the conditions described in the Article “Description of the Services”. The Services do not include any custody, administration, exchange, brokerage, order execution, order reception-transmission, placement, advisory, portfolio management or crypto-asset intermediation service provided by the Company.
Website – means the website accessible at the following address: https://app.automatafrance.com.
Company – means Automata Holding Ltd, as well as “We”, “Our” or “Ours” in these T&Cs.
Third-Party Debtor Companies – mean the third-party companies party to the contracts underlying the Vaults and Exclusive Offers, namely Solaria SAS and The Heights Bali SAS (Exclusive Offers, BTC loans) and Vancelian LTD (Mining Programme), which alone bear the obligation to pay interest and rewards as well as to repay the principal, paid in cbBTC directly to a wallet belonging to the User.
European Union – means the Member States of the European Union.
User – means You, as well as “You”, “Your”, “Yours”.
INTERPRETATION AND PURPOSE
Interpretation
Save where the context of these T&Cs provides otherwise:
- words denoting one gender include all other genders;
- words in the singular or plural also include, respectively, the plural or the singular;
- the terms “hereof”, “hereby”, “hereto” and their derivatives or terms of similar meaning refer to this document taken as a whole;
- the word “including” means “including, without limitation”.
Purpose
The Company publishes and makes available the App Automata France Application, comprising, for eligible Users only, a Ring-Fenced Area governed by these T&Cs.
The purpose of these T&Cs is to define the conditions under which the eligible User accesses the Ring-Fenced Area and consults, on a read-only basis, certain information relating to their historical positions to be wound down, in particular the Vaults and Exclusive Offers.
The Ring-Fenced Area is strictly limited to a visualisation and information function. It permits no new outstanding amounts, no new subscription, no new client, no transaction on the historical positions, no management, no arbitrage and no intervention by the Company in the flows relating to the positions concerned.
The historical positions viewable in the Ring-Fenced Area are based on contracts entered into directly between the User and the Third-Party Debtor Companies. These T&Cs do not modify those contracts and do not substitute the Company for the Third-Party Debtor Companies in their payment, interest, reward or repayment obligations.
These T&Cs apply without prejudice to the underlying contracts applicable to the Vaults, Exclusive Offers or other historical positions to be wound down.
CONDITIONS OF ACCEPTANCE
Any User accessing the Site or the Application is required to read these T&Cs, which are accessible and downloadable via the section “Terms and conditions of use” appearing on all pages of the Site, and must comply with their terms.
The T&Cs and the content of these sections may also be communicated by the Company by e-mail at the User’s request to the following address: support@vancelian.com.
These T&Cs are formally accepted by the User upon registration, creation of their account, access to the Application, or more generally upon any positive action evidencing their consent to these T&Cs, in particular by tick box, acceptance button or equivalent mechanism.
The Company reserves the right to adapt or modify these T&Cs at any time, in particular in order to take account of developments in the Services, the Application, Third-Party Integrations, technical constraints, applicable regulations or its organisation. Any new version placed online shall prevail over any earlier version, in particular any version printed or saved in digital or paper format by the User. The User is therefore invited to consult and read these T&Cs regularly. The applicable version of the T&Cs is the one accessible online at the time the User visits and uses the Site or the Application.
Your continued use of the Site or the Application after such modifications, with or without express acceptance of the new T&Cs, shall constitute Your consent to those modifications, subject to cases in which express acceptance is required.
If You do not accept these modifications, You have no right to obtain information, use the Services or access the Website or the Application and You must immediately cease all use thereof.
Users declare and acknowledge that they remain responsible for regularly checking these T&Cs in the version in force at each relevant time, an up-to-date version being available for consultation at any time on the Website and the Application.
A User who does not wish to accept the new T&Cs may repudiate them and cease using the Services, under the conditions set out below.
Acceptance of these T&Cs entails acceptance of the conditions of access to and use of the Ring-Fenced Area. It does not entail acceptance of new economic conditions relating to the historical positions, nor any modification or novation of the underlying contracts applicable to the Vaults, Exclusive Offers or other historical positions to be wound down.
You understand and accept that We may, at any time and for any reason or without reason, with or without notice and without having to refer to You, suspend or restrict Your use of the Website and the Application, without any remedy being available.
We reserve the right to restrict Your access to the use of the Services. You acknowledge that we have the right to restrict Your access to the Services by any technically available means if we suspect, in our sole discretion, that (a) you have engaged in fraudulent activity; (b) you are subject to any sanction administered or enforced by the Office of Foreign Assets Control of the U.S. Department of the Treasury (hereinafter “OFAC”), the United Nations Security Council, the European Union, Her Majesty’s Treasury, or any other legal or regulatory authority in any applicable jurisdiction; (c) either You, as a natural or legal person, or the address of Your personal wallet appears on the Specially Designated Nationals and Blocked Persons List (hereinafter the “SDN List”), the Consolidated Sanctions List (hereinafter the “Non-SDN Lists”), or any other sanctions list administered by OFAC; (d) you are located, incorporated or resident in a country or territory that is subject to sanctions, or whose government is subject to sanctions, including, without limitation, Cuba, Belarus, Iran, Iraq, Liberia, North Korea, Russia, Sudan and Syria; or (e) you have otherwise acted in breach of these T&Cs. If we have reasonable grounds to suspect that you are using the Website or the Application for unlawful purposes, we reserve the right to take any measure we deem appropriate.
These T&Cs are entered into for an indefinite term.
The User acknowledges having full knowledge of the nature, purpose and characteristics of the Site, the Application and the Services, as well as of the prerequisites for their use. They acknowledge having requested and obtained all necessary information, in particular concerning the quantitative and qualitative characteristics of the Services, enabling them to assess the suitability of the Services to their needs and to enter into these T&Cs in full knowledge of the facts. The User is solely responsible for the choice to use the Site and the Services, such that the Company’s liability cannot be sought on any basis in this respect.
DESCRIPTION OF THE SERVICES
Nature of the Application
The Services provided by the Company under these T&Cs are limited to technical visualisation and display services within the Ring-Fenced Area, enabling the eligible User to consult, on a read-only basis, certain information relating to their historical positions to be wound down.
The Application is made available in the form of a Web interface. It is not intended for “US persons” within the meaning of the applicable US regulations, nor for persons located, incorporated or resident in a jurisdiction subject to sanctions, who are not authorised to access it. Any attempt by a User to access the Application or to circumvent these restrictions is made at their sole risk and under their sole responsibility.
The Company makes no representation and gives no warranty as to the availability or compliance of the Application outside the territories where it is made available, and Users remain fully responsible for ensuring that their use of the Application complies with the laws applicable in their jurisdiction.
Access route to the Ring-Fenced Area
Access to the Ring-Fenced Area is reserved solely for eligible Users whose e-mail address corresponds to an existing historical position to be wound down.
Where this condition is met, the User may be offered access to the Ring-Fenced Area within the Application, subject to prior acceptance of these T&Cs.
The Ring-Fenced Area is limited to the read-only visualisation of the historical positions to be wound down, in particular the Vaults and Exclusive Offers. It permits no new subscription, no new outstanding amounts, no transaction on the positions concerned, no management, no arbitrage and no intervention by the Company in the flows relating to those positions.
Access to the Ring-Fenced Area presupposes, where applicable, that the User has access to the Application under the conditions provided for by the Terms and Conditions of Use No. 1.
The winding down of the Vaults and Exclusive Offers
The vault positions (“Vaults”) and exclusive offers (“Exclusive Offers”) are based on contracts entered into directly between the User and the third-party debtor companies (the “Third-Party Debtor Companies”), namely Solaria SAS and The Heights Bali SAS (in respect of the Exclusive Offers, BTC loans) and Vancelian LTD (in respect of the Mining Programme).
These Third-Party Debtor Companies alone bear the obligation to pay interest and rewards, as well as to repay the principal, in respect of the positions concerned.
Since the discontinuation of the Company’s former Services, the allocation of the Vaults and Exclusive Offers positions has been frozen as at 22 May 2026 and is presented on a read-only basis within the Ring-Fenced Area. Interest and rewards, and subsequently the principal at maturity, are paid directly by the Third-Party Debtor Companies.
The Company does not intervene in any of these flows, whether they originate from Solaria SAS, The Heights Bali SAS or Vancelian LTD; the Application merely enables their visualisation within the Ring-Fenced Area.
Limited role of the Company
The Company acts exclusively in the capacity of publisher of a technical interface enabling the read-only visualisation of the historical positions to be wound down within the Ring-Fenced Area. The Company does not hold the crypto-assets in custody, does not hold Users’ private keys, neither initiates nor signs any transaction on their behalf, does not receive, transmit, route or execute any order or flow, does not act as counterparty and exercises no control over the obligations incumbent on the Third-Party Debtor Companies.
Development of the Services
To the maximum extent permitted by law, the Company may, at any time and without notice, develop, improve or adapt the Site, the Application and the Services, and more generally the Services offered, with a view in particular to improving the functionalities offered on the Site and the Application or within the framework of the Services. This may include the deployment of update(s), new version(s), new services or other services, or the removal of existing Services. The Company may in particular develop the Ring-Fenced Area in order to improve its visualisation, display or security functionalities, or in order to take account of technical, regulatory or organisational constraints.
In the event of the definitive discontinuation of an existing Service, the Company shall use reasonable efforts to inform Users of this change with reasonable notice and to provide them with alternative solutions (e.g. transfers to a third-party service, etc.). In the event of the definitive discontinuation of all the Services, the Company shall terminate these T&Cs.
In addition, the Company may, at any time and without notice, supplement or modify the Website, the Application, their content and the Services accessible therein, in line with technological developments. Where applicable, the User must ensure that the resources of their computer/telephone are suited to the modifications to the Website, the Application and the Services.
FEES AND DATA PROTECTION
Fees
Unless otherwise notified to the eligible User, access to the Ring-Fenced Area and the read-only visualisation of the historical positions to be wound down do not give rise to any specific fee charged by the Company under these T&Cs.
These T&Cs do not govern the fees that may be applicable under the underlying contracts applicable to the Vaults, Exclusive Offers or other historical positions to be wound down, which are described on the dedicated pages of the Application available at https://app.automatafrance.com.
Data protection
Personal data may be processed through the Website and the Application. The User may access the Company’s Privacy Policy on the Website.
Cookies and other trackers or similar technologies (e.g., Google Analytics) may be installed and/or read in the User’s browser or terminal when visiting the Website and the Application. The User may access the Company’s cookie information in the Privacy Policy — Cookies section.
ACKNOWLEDGEMENT OF RISKS
No legal warranty of conformity applies to the Services or to these T&Cs.
You declare that You have read, understood and accepted all of the risk factors appended to these General Terms and Conditions (see Appendix — Risk factors).
REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
You hereby acknowledge that, by using the Services, You represent and warrant that the following statements are accurate:
- You are of sound mind and have the requisite powers and authority to understand and accept these T&Cs, as well as to perform and fulfil the obligations set out therein, and you declare that you fully understand French as well as the French version of these T&Cs.
- You are of legal age (i.e., at least 18 years old) and have full legal capacity to enter into undertakings under these T&Cs.
Furthermore, you declare and acknowledge that:
- You are a citizen or national of, or are acting on behalf of a company domiciled in, the European Union; and
- You are not a citizen or national of, nor are you acting on behalf of a company domiciled in, or majority-owned by persons or entities from, a country subject to additional sanctions and/or presenting increased AML/CFT risks, such as: Afghanistan, Albania, Angola, Azerbaijan, Bosnia and Herzegovina, Bahamas, Barbados, Burma, Botswana, Burkina Faso, Burundi, Cayman Islands, Cambodia, Cameroon, Crimea, Luhansk or Donetsk (Ukraine), Chad, China, Congo, Congo (Democratic Republic), Cuba, Ethiopia, Eritrea, Fiji, Palau, Ghana, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Jamaica, Jordan, Lao People’s Democratic Republic, Liberia, Libya, Madagascar, Mali, Mozambique, Nicaragua, Uganda, North Korea, Pakistan, Panama, Puerto Rico, Russia, American Samoa, Senegal, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tajikistan, Trinidad and Tobago, Turkmenistan, Uganda, Uzbekistan, Vanuatu, Venezuela, Yemen, Zimbabwe.
You agree not to use the Website or the Services for unlawful purposes, including, without limitation, for the sending or storage of any unlawful content or for fraudulent purposes. The Company reserves the right to terminate Your use thereof if You use or attempt to use the Website or the Services for unlawful purposes.
- You will use the Website exclusively for Your own personal use and You will not resell it to a third party.
- You will not authorise third parties to use Your User Account.
- You will not assign or otherwise transfer Your rights of access to a User Account to any other natural or legal person; You will not use a User Account which is encumbered with rights for the benefit of a person other than You without the appropriate authorisation.
- You will not use the Website in a manner that causes disturbance, nuisance, annoyance or inconvenience.
- You will not adversely affect the proper functioning of the Company’s business.
- You will not in any way attempt to adversely affect the Company’s business.
- You will keep the credentials of your User Account secure and strictly confidential.
- You undertake not to intentionally exploit, or attempt to exploit, any error, bug, vulnerability or defect affecting the code, the smart contracts or any other aspect of the Company’s Application for the purposes of personal enrichment or with a view to obtaining an advantage other than those expressly provided for by the expected functionality of the Application. You further agree to report any such anomaly to the Company without delay and to refrain from sharing or disseminating any information relating to such anomalies to third parties, except where required by law.
LIMITATION OF LIABILITY AND INDEMNIFICATION
To the fullest extent permitted by law and by any regulatory provision to which We are subject, You acknowledge and accept that the entirety of the risk arising from Your use of the Services rests exclusively with You and remains at all times Your responsibility, before, during and after the possible occurrence of such risk.
The User shall be responsible for the obligations incumbent on them under these T&Cs, in accordance with the applicable general rules.
The Company’s liability for defective performance or non-performance of its obligations in accordance with these T&Cs may only be engaged in the event of proven fault on the part of the Company.
Furthermore, the Company’s liability may only be engaged in respect of direct damage alone (to the exclusion of any indirect damage) suffered by the User as a result of a breach by the Company of its obligations as set out in these T&Cs. Conversely, the Company may under no circumstances be held liable for indirect damage caused to the User. In addition, save in the event of gross negligence or wilful misconduct, the Company may only be held liable towards the User for foreseeable damage.
The Company shall not incur liability in the event of any failure or delay in the performance of its obligations under these T&Cs if such delay or failure results from the fault of a third party or from a force majeure event; for the purposes of these T&Cs, force majeure is defined as any act, omission, cause or circumstance beyond the Company’s reasonable control, including, without limitation: natural disasters, war, national state of emergency, protest or rebellion movements, civil unrest, riots or strikes and any form of industrial action (whether or not involving the staff of either party), earthquakes, floods, droughts, epidemics, fires, explosions, acts of terrorism or any other act ordered by a government, council or constituted body.
The Company may not be held liable in the event of abnormal use, which includes use not in accordance with these T&Cs, or fraudulent or unlawful use of the Site or the Services by the User and, more generally, for any breach by the User of these T&Cs.
The User must in all circumstances ensure the security of their User Account.
Neither We nor any other party involved in the design, production or provision of the Services may be held liable, in any manner whatsoever, for incidental, special, exemplary, legal (reasonable costs) or consequential losses or damages, including, without limitation, loss of profits, loss of data (excluding personal data, the specific rules for which are set out in our privacy policy), loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, nor for any damage whatsoever of a personal nature, including personal injury or emotional distress arising out of or in connection with these Services, whether or not based on a warranty, contract, tort, including negligence, product liability or any other cause, whether or not We have been informed of such matters and of the possibility of such or similar damages, and this even if a limited remedy provided for and contained in these T&Cs has failed or may fail of its essential purpose.
Indemnification (professional Users only)
You agree to release from all liability, indemnify and hold harmless Ourselves as well as Our contractors, subcontractors, affiliates and subsidiaries, as well as Our agents and their officers, directors, employees and agents, against any claim, liability, damage, loss and expense, including, without limitation, reasonable attorneys’ and accountants’ fees, arising out of, or in any way connected with, Your breach of any of these T&Cs.
INTELLECTUAL PROPERTY
These T&Cs entail no transfer, grant or licence of intellectual property rights or of the sui generis database producer’s right for the benefit of the User.
The Website and the Application, taken as a whole, as well as each of the elements composing them taken individually, in particular the programs and developments, their structure, and the content including data, texts, still or moving images, logos, sounds, graphics, photographs, files, are the exclusive property of the Company or of third parties who supplied them or granted the Company the right to exploit them.
Any representation or reproduction, in whole or in part, of the Website or the Application or of any of their elements, without the express authorisation of the Company, is prohibited and would constitute an infringement and/or an act of unfair competition or free-riding. In any event, on any representation or reproduction authorised by the Company of all or part of the Website and the Application or of the elements composing them, the notice “Copyright [2026] – all rights reserved” must appear.
The databases present on the Site and the Application are protected under intellectual property law and any extraction or re-use of a qualitatively or quantitatively substantial part of the content of these databases is prohibited and punishable.
The trade marks and logos appearing on the Site and the Application are trade marks registered by the Company or by third parties. Any reproduction, imitation or use, in whole or in part, of these distinctive signs without the express authorisation of the Company or in breach of its intellectual property rights engages the liability of the author thereof.
The other distinctive signs, in particular the corporate names, trade names, business signs and domain names reproduced on the Site and the Application are the property of the Company or of third parties, and any reproduction thereof without express authorisation is liable to constitute identity theft engaging the liability of the author thereof.
DISCLAIMERS OF LIABILITY
If you choose to use the Services, you do so entirely at your own risk and, to the fullest extent permitted by applicable law, subject to the conditions set out in this clause.
You acknowledge and accept that we are under no circumstances and on no basis obliged to carry out checks not required by applicable law, including, without limitation, background checks, in respect of any User.
We will carry out only those checks that are required by law or that we reasonably consider necessary in order to offer the Services.
You hereby acknowledge and accept that the Services, as well as the Website and the Application, are made available to you “as is” and “as available”, without any warranty of any kind, and that, without prejudice to the generality of the foregoing, we give no warranty and assume no liability as to their accuracy, availability, reliability, security, fitness for a particular purpose or performance.
We give no warranty that the Services, including, without limitation, any information provided via any means of communication whatsoever, will meet Your requirements or will be available or made available on an uninterrupted, secure or error-free basis.
We give no warranty as to the quality of any content, nor as to the truthfulness, completeness or reliability of any content obtained through the Website and the Application.
No advice or information, whether oral or written, obtained from Us or through Our Website or Our Application, shall create any warranty, express or otherwise, hereunder.
We disclaim all liability in the event of interruption, delay or errors of use and may not be held liable for any loss whatsoever, whether direct, indirect or consequential.
The Company does not warrant, guarantee or represent that any item downloaded from the internet onto this Website or the Application is free from viruses. You are expressly responsible for implementing appropriate procedures, anti-virus protection and software intended to protect Yourself and Your data. In this respect, the Company may not be held liable for any damage caused to Your equipment as a result of the use of the Website or the Application or as a result of any content published on a website or to which a link refers. You must also be aware that SMS and e-mail services are vulnerable to spoofing and phishing attacks and must exercise vigilance when examining messages purporting to originate from us. Your use is entirely at Your own risk.
The Website and the Application may contain links to websites, advertisers, services, special offers or other events or activities of third parties which do not belong to us and are not under our control. We neither approve nor accept any liability whatsoever in respect of such third-party sites, information, items, products or services.
If You access a third-party website from the Website or the Application, You do so at Your sole risk, and You understand that these T&Cs do not apply to Your use of those sites. You expressly release Us from all liability, of whatever nature, arising from Your use of any third-party website, service or content.
The regulatory status of crypto-assets remains uncertain or unsettled in many jurisdictions. Indeed, certain jurisdictions may adopt legislative provisions affecting the Services, the Company assuming no liability in respect of any regulatory action that may be brought or that may affect the Company in the future. In addition, the Company may cease to carry on its activities in any jurisdiction that brings regulatory action, amends its law unfavourably or renders any exchange in that jurisdiction commercially unworkable or undesirable.
The User acknowledges and accepts that the use of the Services confers on the User no right in the form of a shareholding or claim against the Company and/or its affiliates. The User’s rights are strictly limited to those provided for in these T&Cs.
The User acknowledges and accepts that, to the fullest extent permitted by applicable law, no provision of these T&Cs constitutes or entails any warranty or undertaking as to any form of performance of the Services or of any crypto-asset linked to the Services by means of the information provided to you.
The User acknowledges and accepts that the User may access the Website and the Application only by using authorised means. The Company incurs no liability if you do not have a device, computer, operating system, browser or any other software or hardware compatible with the technology.
PROVISIONS AND GENERAL PROVISIONS
Any reference to a law, legislative or regulatory text, decree, order, regulation or any other similar instrument appearing in these T&Cs shall be construed as a reference to that text or instrument as in force at any given time, taking account of any amendment, extension, extension of scope, codification or re-enactment, and includes all subordinate legislative or regulatory texts then in force.
If one or more of these T&Cs, or any part thereof, is or becomes invalid, unlawful or unenforceable in any respect, it shall, to the extent of such invalidity, illegality or unenforceability, be deemed severed and deleted, and all the other provisions shall remain in force and continue to have full effect.
Unless You tell us otherwise, or unless the law provides otherwise, You agree to receive all communications from us by the posting of notices on Your User Account within the Application. You acknowledge that you are able to print these communications for Your records. You agree that all communications that we send You electronically satisfy any legal requirement that a communication be in writing.
In so far as we may send You messages directly via Your User Account on the Application, it is Your responsibility to monitor these messages and respond to them appropriately. You represent and warrant that any information You enter is accurate and relates exclusively to You.
All communications and all data that we collect are governed by our Privacy Policy.
Any waiver of any breach of these T&Cs by the Company, or of any default under any of the provisions of these T&Cs by the User, shall be valid only if agreed in writing. Any subsequent breach or default by the User, whether similar or not, shall in no way affect these T&Cs. Likewise, any failure or delay by either Party to these T&Cs in requiring strict performance of any of the provisions of these T&Cs shall not be construed as a waiver of any of its rights under these T&Cs.
These T&Cs contain all the provisions agreed between the Parties concerning exclusively access to and use of the Ring-Fenced Area. They neither repeal nor replace the Terms and Conditions of Use No. 1, the former contractual documents applicable to the former Vancelian services, nor the underlying contracts entered into with the Third-Party Debtor Companies in respect of the Vaults, Exclusive Offers or other historical positions to be wound down.
Unless otherwise provided, the time limits and periods indicated in these T&Cs are expressed in calendar days.
Assignment
The Company reserves the right to assign, at any time and without notice to You, its rights and obligations under these T&Cs to any person, without Your consent to such assignment being sought. The Company may give notice, for information purposes only, via Your User Account on the Application.
Pre-contractual information – client acceptance
The User acknowledges having been informed in a comprehensible manner, by means of the making available of these T&Cs, prior to their acceptance: of the essential characteristics of the Services; of the price of the Services; of the arrangements for payment, provision and performance of these T&Cs; of the identity of the Company, its postal and electronic contact details, as well as its activities, if these are not apparent from the context; of the legal and contractual warranties and the arrangements for their implementation; of the possibility of resorting to conventional mediation in the event of a dispute; of the absence of a right of withdrawal and the other important contractual conditions.
The fact that Users make use of the Website or the Application entails full and unreserved acceptance of these T&Cs, which the User expressly acknowledges, waiving reliance on any contradictory document, which would be unenforceable against the Company.
MEDIATION, GOVERNING LAW AND CONTACT
Mediation and dispute resolution
Any User having the status of consumer within the meaning of applicable law may, free of charge, refer the matter to a consumer mediator with a view to the amicable resolution of a dispute with the Company.
The body designated for this purpose by the Company is the Centre de la Médiation de la Consommation de Conciliateur de Justice (“CM2C”).
In order to contact this body, the User may visit its website https://www.cm2c.net/declarer-un-litige.php and lodge a complaint there.
A dispute may be examined by the consumer mediator only if:
- the User provides evidence of having first attempted to resolve their dispute directly with the Company by means of a written complaint expressly identified as such, setting out in detail the grounds for their complaint as well as all information useful to the Company in order to understand, examine and assess the causes, consequences and implications of that complaint, and sent by e-mail to: support@vancelian.com;
- the complaint is not manifestly unfounded or abusive;
- the dispute has not already been examined, and is not being examined, by another mediator or by a court;
- the User refers the matter to the mediator within a maximum period of one year from the date of their written complaint to the Company;
- the dispute falls within the mediator’s jurisdiction.
In addition, the User is informed that, pursuant to Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent, out-of-court resolution of online disputes between consumers and traders within the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Governing law and competent jurisdiction
These T&Cs are governed by and construed in accordance with French law.
These T&Cs may be translated by the Company or by third parties into other languages. The French version shall prevail in the event of any discrepancy arising from the translation.
Contact us
If You have any questions, please do not hesitate to contact us at the following e-mail address: support@vancelian.com.
Appendix – Risk factors
Legal risk and risk of unfavourable regulatory intervention in one or more jurisdictions
The operation of the Services may be affected by the adoption of restrictive laws, the publication of restrictive or unfavourable opinions, the issuing of injunctions by national regulatory authorities, the initiation of regulatory proceedings or investigations, including, without limitation, the introduction of restrictions on the use or holding of crypto-assets, liable to prevent or limit the development of the Services.
Given the absence of an established legal classification of crypto-assets in most States, each User is strongly recommended to carry out a legal and tax analysis relating to the use of the Services, having regard to the laws applicable to their nationality and place of residence.
Risk of theft and hacking
Hackers or other malicious or criminal groups or organisations may attempt to interfere with the Website and the Application or to compromise the availability of the Services in various ways, including, without limitation, through denial-of-service attacks, Sybil attacks, spoofing operations, malicious surfing, malware attacks or attacks based on consensus mechanisms.
Risk of security flaws in the core infrastructure software of the Website and the Application
There is a risk of weaknesses or bugs within the core infrastructure elements of the Website and the Application, liable to impede the use of the Services.
Risk of an exploitable flaw or vulnerability in the field of cryptography
Advances in cryptography, or technical progress such as the development of quantum computers, are liable to pose risks to crypto-assets as well as to the Website and the Application.
Risk of dissolution of the project
Notwithstanding the fact that Users have permanent access to their funds, for several reasons including, without limitation, an unfavourable fluctuation in the market value of crypto-assets, the breakdown of business relationships or competing intellectual property claims, the project may cease to constitute a viable business and be dissolved.
Risk of malfunction of the Website, the Application and the Services
The Website, the Application and the Services may be affected by an adverse malfunction including, without limitation, a malfunction resulting in the loss of market information.
Unforeseen risks
Crypto-assets constitute a new and unproven technology. In addition to the risks set out above, there are other risks that the Company’s team is unable to foresee. Risks may also arise and/or materialise in the form of unforeseen combinations or modifications of the risks set out herein.
If You are in any doubt as to the steps You should take and the consequences that will result, You are invited to consult, where appropriate, Your professional advisers, in particular legal, financial, tax or other, in order to obtain the necessary advice.