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Warunki korzystania z systemu płatności Mangopay

1 GENERAL CONDITIONS OF USE OF MANGOPAY PAYMENT SERVICES

06/26/2023

Please note that this document has been translated into multiple languages for the convenience of our readers. In case of discrepancy, the English version will prevail.

Presentation Mangopay SA is a limited liability company with registered office at 2, Avenue Amélie, L-1125 Luxembourg, and registered in the Luxembourg Commercial Registry under number B173459.

Mangopay SA (“Mangopay”, “we”, “us”, “our”) has created an API for online platform operators that allows them to integrate a payment solution (the “Mangopay solution”) into their websites or applications mobiles, through which Mangopay processes payments between users. To process these payments, Mangopay has an electronic money institution license that allows it to provide payment services throughout the European Economic Area. This license has been issued by the Commission de Surveillance du Secteur Financier [Financial Sector Surveillance Commission] (283 route d'Arlon , L-1150 Luxembourg, www.cssf.lu) and can be consulted on the CSSF official website and the official European registry ( Euclid ).

Section 1.

Definitions The following prominent terms used in the general conditions of use of Mangopay will have the meaning indicated below. External Account means the external payment account or external bank account opened with a third-party PSP that you provide to us so that we can credit your Mangopay account funds. Mangopay Account means the account we have opened in your name to record the transactions we process on your behalf. General conditions refers to these general conditions of use of Mangopay. Platform Agreement means the agreement that you have entered into with the partner to use their services and the platform. Supporting document is any auxiliary document that we request from you to validate or verify your identity. 2 Data means personal data about you that Mangopay collects and processes in connection with the provision of Mangopay services. Identity data refers to the data that you must provide to us to subscribe to Mangopay services. Interface refers to the user interface that the partner makes available to you on its platform (its website and/or mobile application). AML/FT means “prevention of money laundering and terrorist financing”. Payment Method means an external payment method and/or a Mangopay payment method. External payment method means the payment methods and/or instruments offered to a payer by a third-party payment service provider to carry out a transaction on the platform. Payment methods Mangopay refers to the payment methods and/or instruments accepted by Mangopay and offered to a payer to carry out a transaction on the platform. Partner refers to the entity that operates the platform (the website and/or mobile application) that you use and that has integrated the Mangopay solution to process payments on its platform. Payer refers to a person who pays you a payment on the platform through the Mangopay solution. Platform refers to the website or mobile application operated by the partner that integrates the Mangopay solution to process payments through payment methods. PSP or third party PSP refers to any payment service provider other than Mangopay. Payment Services means certain payment services defined in EU Directive 2015/2366 (also known as "DSP2") that we provide to you in the context of your use of the Platform. These services include the acceptance and processing of transactions to transfer the corresponding funds to you, as described in article 4 of the general conditions. Mangopay Services refers to all the services we provide to you: the payment services associated with your Mangopay account, the possibility of requesting refunds, as well as any other services described in these general conditions, their annexes or any specific terms and conditions that may result. applicable. Transaction means funds transferred to you by a payer and collected by us on your behalf to be allocated to you.

Section 2.

Purpose and scope of application of the general conditions

These general conditions regulate the Mangopay services that we provide to you. When we refer to "you" (or "your"), we refer to any person who subscribes to the partner's services (through its platform) who uses the Mangopay services to receive payments related to your activities on the platform. Mangopay services may only be used in connection with your transactions on the partner platform. These general conditions will not apply to any person who has accepted them online and who is not in the situation described above. In particular, these general conditions will not apply to people who use the platform for the sole purpose of making a payment to another user using one of the proposed payment methods. We invite these individuals to consult our privacy policy (https://mangopay.com/privacy-statement) to learn the specifics of the data we collect when processing their payments. We have instructed the partner to support you throughout your use of the Mangopay services. Therefore, if you have any questions related to these general conditions, we invite you to first contact the platform's customer service. You agree to comply with the general conditions, as well as the related specific conditions that may be applicable.

Section 3.

Subscription to Mangopay services 3.1. Admission conditions The requirements to access our Mangopay services depend on your situation. The specific conditions for each situation are described below. If you are a natural person not acting for professional purposes To subscribe to and use the Mangopay services as a natural person acting in a consumer capacity, you represent and warrant that: - you are at least 18 years old; - has the legal capacity to accept these general conditions and to use the Mangopay services; - does not act within the framework of a professional activity (commercial, industrial, artisanal, liberal or agricultural activity); - all information provided when subscribing or using Mangopay services is true, accurate and up to date; - is registered with the partner as a person acting for non-professional purposes; - acts on your own behalf and on your own behalf when using Mangopay services; - is not acting within the framework of activities prohibited by law; 4 - you are not participating in any activity prohibited by Mangopay. Prohibited activities are indicated on our website (https://mangopay.com/prohibited-businesses). If you are a legal entity (for example, a company or an association) To subscribe and use the Mangopay services on behalf of a legal entity, you represent and warrant that: - you are a legal representative of the legal entity and have full authority to legally bind it to these general conditions; - all information provided when subscribing or using Mangopay services is true, accurate and up to date; - the legal entity is duly incorporated as a company, association or otherwise, and is registered in a State authorized by Mangopay. Authorized States are indicated on our website (https://support.Mangopay.com/s/article/which-are-theauthorized-countries-where-you-can-process-payments?language=en_US); - in the partner platform it is stated that the legal entity acts professionally or, where appropriate, for non-profit purposes if it is not for profit; - the legal entity acts on its own behalf when using Mangopay services; - the legal entity does not engage in activities prohibited by law; - the legal entity does not carry out any activities prohibited by Mangopay. Prohibited activities are indicated on our website (https://mangopay.com/prohibitedbusinesses). If you are an individual acting for professional purposes To subscribe to and use the Mangopay services, you represent and warrant that: - all information provided when subscribing to or using the Mangopay services is true, accurate and up to date; - regularly carries out his professional activities in accordance with the regulations of his country of activity and, if required by such regulations, is duly registered and/or registered with the competent authorities (including tax authorities) and/or the relevant registries of a State party to the agreement on the European Economic Area or a third country that imposes equivalent AML/CFT obligations; - is registered on the partner platform as a person acting for professional purposes; - acts on your own account when using Mangopay services; - you are not participating in any activity prohibited by Mangopay. Prohibited activities are indicated on our website (https://mangopay.com/prohibited-businesses). 3.2. Subscription conditions To subscribe to Mangopay services, you must follow the registration procedure indicated by the partner. Unless otherwise instructed by the partner, the general conditions are concluded remotely via the partner interface and confirmed by an online acceptance procedure. In this regard, you must have the appropriate equipment (hardware and software), for which you will be solely responsible. The date of conclusion of the general conditions corresponds to the date on which you completed the acceptance procedure in the partner interface (or, where applicable, the date on which you manually signed the general conditions if the partner has given you offered that option). 5 3.3. Mandatory information and documents The regulations to which we are subject require us to identify you and verify your identity in order to provide you with Mangopay services. As part of your subscription to Mangopay services, you must provide us with all required identification data and supporting documents through the partner interface. This information must be correct, complete and up to date. Below is the list of identifying data and supporting documents required: Identifying data Supporting documents Legal entity Name or company name; company email address; surnames, first name, date of birth, nationality and country of residence of the legal representative. For associations: name of the association, name of the legal representative (president or co-president, treasurer or secretary). Identity document of the legal representative, statutes of incorporation of the legal entity, certificate of registration in the commercial registry. For associations: proof of registration, articles of incorporation, document justifying the capacity of the legal representative (if it does not appear in the statutes). Natural person acting for professional purposes Name or company name; company email address; surnames, first name, date of birth, nationality and country of residence of the legal representative. Identity document of the legal representative, certificate of registration in the commercial registry. Natural person over 18 years of age acting for non-professional purposes (consumer) Surname, first name, date of birth, nationality and country of residence; Email address. Identity document We reserve the right to adapt this list at any time, depending on changes in the regulations to which we are subject. Likewise, we may ask you to provide us with updated identification data and supporting documents as part of our obligations to update information related to our users. If the information provided (identifying data and supporting documents) is incomplete or incorrect, the provision of Mangopay services could be limited or suspended. In addition, we may request any additional documents from you that we consider necessary for our AML/CFT controls. 3.4. Limited use of Mangopay services If you have not provided your identification data or supporting documents, Mangopay services may be suspended or limited to certain transactions that do not exceed a certain amount, in accordance with the legal obligations applicable to Mangopay regarding AML/AML. FT. For example, limitations of the Mangopay services may restrict your ability to transfer to your external account all or part of the funds registered in your Mangopay account in accordance with article 3.7, or to receive payments in accordance with article 3.5. These limits will apply until you have submitted the required supporting documents and we have verified your identity. Other limits may also apply; You will be informed of them on the platform when applicable. Once you have provided the required information (identification data or supporting documents) and we have accepted your registration, we will remove the limitations on the use of Mangopay services described above. 3.5. Receiving payments (transactions) and crediting refunds 3.5.1. Transactions made through a Mangopay payment method The following provisions will apply in case the partner has integrated one or more Mangopay payment methods into its platform. The payment methods provided by Mangopay are identified as such on the platform. Mangopay services allow you to receive payments from a payer as part of a transaction made on the platform. We collect these transactions and deposit them into your Mangopay account. To carry out a transaction, payers can choose the Mangopay payment methods available on the partner's platform, under the terms we have agreed with the partner. Available Mangopay payment methods may vary from time to time; The partner indicates them to the payers and may include, among others, card payments, receipt of transfers (SEPA or international) and receipt of debits. Transactions we receive on your behalf are posted to your Mangopay account, provided we have received the funds from the payer's PSP. If funds for a transaction are not received for technical reasons, we will endeavor to do what is necessary to complete the transaction in your Mangopay account. Disputing transactions we have received for you - Depending on the Mangopay payment method used by a payer, the payer may have the right to dispute a transaction in accordance with the rules of that Mangopay payment method, even in the absence of fraudulent grounds. This is the case, in particular, of the Mangopay card and debit payment methods. In the event that a transaction is disputed by the payer and we are required to return funds to the payer via the Mangopay payment method used for the transaction, we reserve the right to deduct the corresponding amount from your Mangopay account, including by offset. In this case, we may proceed to cancel the disputed transaction in whole or in part. If applicable, we may also recover, by any means, the amount corresponding to the return of funds for each transaction if you do not have sufficient funds, without prejudice to our legal ability 7 to subrogate us to your rights in order to recover for any means the amounts owed by the payer. Mangopay Services, including receiving payments in other currencies - When receiving a payment from a payer in connection with a transaction carried out on the platform, and unless you instruct us otherwise, we reserve the right to allow a payer to make a payment in a currency other than that of your Mangopay account. In such case, a currency conversion service will be offered to the payer so that they can pay in the currency of their country of residence or payment method. If the payer chooses to use the currency conversion service for the transaction, they will be informed of the fees for this service (exchange rates and commissions). Mangopay will not charge you a currency conversion fee when this service is offered to the payer. Transactions we receive on your behalf in a different currency following the payer's use of the currency conversion service will be posted to your Mangopay account at no additional charge to you. Refund of a Transaction - If you wish to reimburse a payer in connection with a transaction, you may request the cancellation of all or part of a transaction we have received for you in accordance with this article. Cancellation of the transaction will only be possible if the funds corresponding to the amount pending refund are available in your Mangopay account. The total or partial cancellation of the transaction will be carried out using the Mangopay payment method initially used by the payer for said transaction, within the limit of the rules of each Mangopay payment method (in particular, card regulations and SEPA rules). , no later than ten (10) business days following receipt of the refund request. For various reasons, the cancellation of a transaction may not be possible in all cases (for example, when the refund occurs more than 11 months after the date of the transaction being refunded for Mangopay payment methods such as cards). In this case, the transaction will be credited to the payer using another payment method. You agree the partner will send us directly any information we may need to make a refund. 3.5.2. Transactions carried out through an external payment method The following provisions will apply in the event that the partner has integrated one or more external payment methods into its platform. The third party PSP selected by the partner makes external payment methods available to payers, in accordance with the terms agreed between the partner and the third party PSP. The third-party PSP processes the transactions, which the third-party PSP or the partner delivers to Mangopay. Transactions we receive on your behalf are posted to your Mangopay account, provided we have received the funds from the payers. If funds are not received for technical reasons, we will do our best to complete the transaction. Dispute by the payer - We inform you that the payer has the right to dispute any transaction with its own PSP up to thirteen (13) months after the date of debit to the account linked to the external payment method used to carry out the transaction. These disputes are managed exclusively by the partner; You are welcome to contact us directly for any dispute-related requests. 8 Refund a Transaction - If you want to refund a payer, you can request the cancellation of a transaction. If your refund request is initiated more than one day after the transaction date, we will only be able to proceed if the funds we hold on your behalf are sufficient to cover the request. 3.6. Crediting funds to your external account (i) Registration of an external account The funds registered in your Mangopay account will be credited exclusively to an external account opened in your name on a third-party PSP. For this purpose, you must register an external account. You must provide the following information through the platform interface: IBAN number, BIC (optional), your surname, your first name and your exact postal address as the holder of an external account. You can add or modify your external account at any time through the platform interface, as long as you follow the procedure for defining the external account that the partner offers on the platform. You are not authorized to register an account that you are not the owner of as an external account. ( ii ) Sending funds to your external account We will make payments to your external account automatically and periodically (except where article 3.7 applies). In this regard, you agree that the partner directly communicates to us information regarding the frequency of payments to your external account. In some cases, you will be able to change the payment frequency in the platform interface on a one-off or permanent basis. We may block a payment if we suspect fraudulent or illicit use of the Mangopay account, a security breach of the Mangopay account or for PCB/FT reasons, including in the event that asset freezing measures are taken against you by from an administrative authority, or for any other reason established in article 7. If you notice that a payment is made with errors, you can notify this circumstance to the platform's customer service. If the error is attributable to us, we will rectify the situation as soon as possible. The crediting of funds to your external account is strictly subject to compliance with the obligations to present documents verifying your identity, as established in article 3.3. ( iii ) Currency of payment of funds In principle, funds recorded in your Mangopay account will be credited to your external account in the currency in which the transactions were recorded in your Mangopay account and in which you expect payment. We recommend that you check whether the PSP holding the external account can apply additional fees in case the payment currency of funds indicated in your Mangopay account is not the currency of your external account. Unless you expressly tell us otherwise, when we observe that the currency of your Mangopay account is not (y) the official currency of the country in which you reside or (z) the one indicated in your external account, 9 we may convert the amount of the funds that must be credited in the currency of your Mangopay account to the currency of your country for the external account. In this way, you will receive the funds directly in the currency of your country of residence or the one indicated for your external account. 3.7. Other services If you have the option on the platform to use the balance available in your Mangopay account to transfer funds to another user of the platform, the specific conditions regarding the reuse of funds will also apply, which you can consult here: Specific conditions 3.8. Commissions payable to the partner You authorize Mangopay to deduct from your Mangopay account the commissions agreed between you and the partner in the platform agreement in relation to the services provided by the partner. In this regard, you agree that the partner communicates to us the amounts payable. In case of dispute regarding the amount of commissions agreed between you and the partner and that we have deducted, we invite you to contact the platform's customer service. 3.9. Protection of funds The funds we hold on your behalf are protected in accordance with the terms of article 24-10 (5) and article 14 of the Law of November 10, 2009 published in Memorial A No. 215 of the Grand Duchy of Luxembourg of November 11, 2009. 3.10. Blocking your Mangopay account and Mangopay services We may block your Mangopay account and suspend Mangopay services for reasons related to the security of the Mangopay account, for alleged unauthorized, illegal or fraudulent use of the Mangopay account and/or the Mangopay services. Mangopay services, in case of serious violations of these general conditions, proven suspicions of money laundering or terrorist financing, asset freezing measures taken against you, or at the justified request of our banking partners or card systems when they consider that the Your use of Mangopay services violates its rules. For any questions related to blocking your Mangopay account or suspending Mangopay services, we invite you to first contact the platform's customer service. We inform you that, in some cases, the law prohibits us from providing you with the reasons for blocking your Mangopay account or suspending Mangopay services. In addition to complying with the restrictive measures and sanctions provided for by the legislation of the European Union, Mangopay, as a subsidiary of a company based in the United States of America, is obliged to comply with the economic sanctions and other restrictive measures applied in particular by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury. This means that we will be obliged to immediately restrict a transaction, to suspend or stop providing you with all or part of the Mangopay services or to terminate these general conditions immediately if we detect that you are a designated person in the OFAC measures/sanctions, or that transactions on your Mangopay account involve, more generally, (i) persons, ( ii ) countries or ( iii ) specific products/services originating from certain countries/geographical areas covered by OFAC, in addition to the restrictions commercial obligations imposed by related laws and regulations. We will unblock your Mangopay account and Mangopay services when the reasons that justified the blocking no longer exist. 3.11. Security We do everything possible to ensure the confidentiality and security of your Mangopay account. We may temporarily suspend the use of the Mangopay account or the Mangopay services for technical, security or maintenance reasons, without these operations giving rise to any type of compensation. We will limit these types of interruptions to what is strictly necessary. You must take all reasonable measures to control and ensure the security of the devices you use to access the Mangopay platform and services. If you are a legal entity, you must also ensure that only persons authorized by you use Mangopay services. You are fully responsible for the use made of the Mangopay services and for access to the Mangopay account by any person authorized by you in this regard. Our liability cannot be held in this regard, except in the case of proven negligence on our part. 3.12. Prevention of money laundering and the financing of terrorism We are subject to the applicable regulations on the prevention of money laundering and the financing of terrorism (AML/FT). In order to provide you with payment services, the regulations require us to identify and verify your identity, as well as that of your beneficial owner in the case of a legal entity. In some cases, we may also need to obtain information relating to a transaction (such as its purpose, origin or destination) or the use of your Mangopay account. Therefore, if we consider that the information we have is not sufficient, or if this information reveals any issue related to money laundering or terrorist financing, we may suspend the use of your Mangopay account and the provision of services at any time. Mangopay, without prejudice to our right to request the termination of the general conditions that bind us, if we consider that, if we continue to provide you with Mangopay services, we will not be able to comply with our AML/CFT obligations. We inform you that the Mangopay services that we provide to you may be subject to the exercise of the right of communication with the competent authorities, such as the national financial intelligence unit. No lawsuit or civil liability action may be filed, nor may any professional sanction be imposed. against Mangopay, its directors or its agents who have reported the suspicious activity to their national authority in good faith.

Section 4.

Modification, duration and termination of the contract 4.1. Modification of the general conditions We can modify the general conditions at any time. You will be notified of any modification through the platform or Mangopay. If it is necessary to modify the general conditions 11 due to legislative or regulatory provisions, the relevant modifications will be applied immediately. In such cases, you will be informed of any modification at least two (2) months before it comes into force and you will have the option to reject the modifications by notifying your opposition, as well as to terminate these general conditions by contacting Contact the platform's customer service or Mangopay. Your opposition, including termination of the general conditions, must be notified in writing before the proposed modifications come into force. If you do not notify us of your opposition, we will consider the proposed modifications accepted. The new version of the general conditions will be applicable as of its entry into force. You acknowledge that your continued use of the Mangopay services after the date of application of the updates constitutes acceptance of the modifications. 4.2. Duration and termination The general conditions are concluded for an indefinite period and are applicable once you have accepted them. You can terminate these general conditions at any time. We may also terminate the general conditions at any time with a notice period of two (2) months. Regardless of whether the termination occurs at your or Mangopay's initiative, the other party must be notified by any means, including email. If you wish to terminate by email, the self-initiated termination can be sent to the platform's customer service, or to Mangopay at the address: [email protected]. You agree that the member may send us your termination request when appropriate. If there is an ongoing investigation at the time of the request to cancel your Mangopay account, we may block your Mangopay account as indicated in article 4.6. We may also terminate these general conditions by simple notification (including by email) without prior notice in all situations in article 7, as well as in the following cases: serious violations of these general conditions; failure to comply with the eligibility conditions provided for in article 3.1; refusal to provide the mandatory documents provided for in article 3.3; fraudulent or illicit use of Mangopay services; proven suspicion of money laundering or terrorist financing; at the justified request of our banking partners or card networks when they consider that your use of Mangopay services is contrary to their rules; or if you are subject to restrictive measures or economic sanctions, or one of your transactions is subject to them. The general conditions will also be automatically terminated in the following cases: - if your Mangopay account becomes inactive, as defined below; - if your platform agreement ends (at your or the partner's initiative). We inform you that the termination of the general conditions (and, therefore, the closure of your Mangopay account) will only be effective when the Mangopay account has a zero balance. 4.3. Inactivity Your Mangopay account will be considered inactive if no transaction has been recorded in your account for two (2) years (excluding administrative management fees). When the balance of your inactive 12 Mangopay account is positive, you will receive an inactivity notification. If your Mangopay account has a positive balance and you do not demonstrate your willingness to continue using the Mangopay services, you must recover the funds in an external account of which you are the owner to allow the closure of your Mangopay account; Alternatively, where possible, registered funds will be automatically deposited into your external account. In the event that we are unable to pay you the funds, we will continue to manage your assets with due diligence, in exchange for which we reserve the right to deduct an administrative management fee of thirty (30) euros per year. These administrative management expenses will be limited to the positive balance available in the Mangopay account. Once your Mangopay account balance reaches zero, the account will be automatically closed and these general conditions will be permanently terminated. Until you come forward to recover the sums registered in your Mangopay account, it will be blocked and will be maintained for the sole purpose of transferring the sums owed to the external account that you have specified, without prejudice to the administrative management costs that may be charged. Mangopay. In the event of death, the balance can only be reimbursed to your beneficiaries. The Mangopay account will no longer allow the execution of payment operations. 4.4. Consequences of the termination of the contract between Mangopay and the partner We inform you that, if the contract we have signed with the partner for the integration of the Mangopay solution ends, we will terminate the general conditions subject to the notice period indicated in article 4.2. In your case, if the balance of your Mangopay account is zero, it will be automatically closed at the end of the notice period and the general conditions will be considered terminated. If your Mangopay account balance is positive, you will need to recover the funds in an external account that you own in order to close your Mangopay account. If you do not recover your funds, we will continue to manage your assets with due diligence in accordance with the provisions below. If the member stops using Mangopay services, his or her Mangopay account will be considered inactive if no transaction has been recorded in it for one (1) year (excluding administrative management fees). You will receive a notification of inactivity by email from the platform or from Mangopay, in which you will be invited to contact Mangopay in accordance with the procedure indicated in the notification itself. If you are unable to transfer funds from your Mangopay account to your external account, Mangopay will retain your funds in exchange for the deduction of an administrative management fee of thirty (30) euros per year. These administrative management expenses will be limited to the positive balance available in the Mangopay account. Once your Mangopay account balance reaches zero, the account will be automatically closed and these general conditions will be permanently terminated. Until you come forward to recover the sums registered in your Mangopay account, it will be maintained for the sole purpose of transferring the sums owed to the external account that you have specified, without prejudice to the administrative management costs that Mangopay may charge. In the event of death, the balance may only be refunded to your beneficiaries in accordance with article 13 4.5. The Mangopay account will no longer allow the execution of payment operations. 4.5. Death (natural person) In the event of death, we will stop providing Mangopay services. We will also restrict payments to the external account until we receive instructions from the beneficiaries or the notary in charge of the inheritance. Your funds may only be sent to your beneficiaries when they present documents that allow us to verify their legitimacy and identity. 4.6. Consequences of termination In the event of notification of termination of the general conditions, you will no longer be able to use the Mangopay services and your Mangopay account will be restricted to the operations necessary to transfer the funds registered in your Mangopay account to your external account. The funds we have in your Mangopay account will be transferred to your external account as long as the identification requirements established in article 4.3 are met. Once the Mangopay account has a zero balance, the account will be permanently closed and the general conditions will be terminated.

Section 5.

Commissions We do not receive any commission for the use of Mangopay services, except in the event of inactivity of your Mangopay account, as established in article 4.3.

Section 6.

Limitation of liability Our liability is limited to the provision of Mangopay services. We do not intervene in any legal or commercial relationship, nor in any dispute between you and the partner, between you and a payer or between you and any other user of the platform. We do not exercise any control over the compliance or features of the products and services for which we process payments. We are outside the contract between you and a payer or between you and the partner; Consequently, we cannot be held responsible for non-compliance or incorrect performance of the obligations arising from such contract, nor for negligent actions, misconduct or negligence that any payer or partner may incur towards you. The partner is solely responsible for the security of its platform, and you must contact it for any dispute related to the use of it. We are solely responsible for the security of the Mangopay solution. In no case will we be responsible in the event of (i) blocking of the Mangopay account or suspension of Mangopay services carried out in the situations provided for in these general conditions, ( ii ) unavailability of the platform or its interface, ( iii ) access not authorized to its interface or violation of the security of the platform, ( iv ) interruption or disturbance of our software and the computer systems used to offer the Mangopay solution, and (v) non-compliance or incorrect performance of the obligations derived from your contract. with a payer or with the platform. In all cases, our liability is limited to compensation for direct damages related to our failure to comply with any of our obligations under 14 of these general conditions, except in cases where such limitation is prohibited by applicable law. .

Section 7.

Your commitments During all the time that you use the Mangopay services, you agree to comply with the following conditions: - your use of the Mangopay services is not contrary (i) to public order, ( ii ) to morality or ( iii) ) to applicable laws and regulations, and ( iv ) does not infringe the rights of third parties; - you use the Mangopay services exclusively for the purpose of carrying out transactions under the platform agreement; - you agree not to use Mangopay services for prohibited activities. The list of prohibited activities is available on our website (https://mangopay.com/prohibited-businesses); - you agree not to impersonate any other person or entity, not to falsify or conceal your identity or age, and not to create a false identity. In the event of a breach of these commitments, we may take a number of steps to protect Mangopay, at any time and at our sole discretion. In particular, we may, without prior notice, take the following measures: - terminate these general conditions; - restrict your Mangopay account or suspend Mangopay services; - block your Mangopay account; - refuse to provide you with Mangopay services in the future, including on other platforms, - suspend your money to the extent and for as long as reasonably necessary; - reject any transaction at any time, in which case we will notify you of the refusal and the reasons for it within the limits imposed by law. We have the right to take any private legal action to compensate for any damage we suffer as a result of your failure to comply with your obligations under these general conditions. If you observe a breach of the aforementioned obligations, you can contact us to inform us of the actions in question through the following email address: [email protected] .

Section 8.

Protection of your personal data We collect and process your personal data ("personal data") in connection with the provision of Mangopay services. In accordance with European Regulation (EU) 2016/679, of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data ("GDPR"), Only personal data strictly necessary for the fulfillment of the specified purposes are processed. For more information about the processing of your personal data by Mangopay, please consult our privacy policy at: https://mangopay.com/privacy-statement. For any questions or requests related to the processing of your personal data, you can contact us at any time at: [email protected]. 15 By signing these general conditions, you: (i) declare that you have read our privacy policy available on the Mangopay commercial website at the following address: https://mangopay.com/privacy-statement; ( ii ) undertakes to periodically consult our privacy policy, since it is aware that it can be adapted based on changes in our personal data processing activities or the applicable regulations, in which case, the latest version always prevails published on the Mangopay commercial website; ( iii ) undertakes, if acting as a legal representative of a legal entity or association and providing us with personal data relating to third parties, to communicate our privacy policy to the third parties in question ( https://mangopay.com/privacy-statement ). .

Section 9.

General provisions 9.1. Professional secrecy We are subject to strict professional secrecy obligations. However, professional secrecy may be lifted by virtue of a legislative, regulatory or precautionary provision, in particular at the request of the supervisory authorities. You accept that professional secrecy may be lifted for the benefit of the service providers with whom we have subcontracted operational functions. The service providers with whom we may share data covered by professional secrecy provide us with services related to fraud prevention, the fight against money laundering and the financing of terrorism, as well as the hosting and security of our technical infrastructure. . The data in question is your identifying data, as well as data related to transactions carried out through the use of Mangopay services. We may also share certain technical data related to the device you use (computer, phone, etc.), your electronic identifiers, your IP address and information about your interaction with our partners' platform for fraud prevention purposes. Our service providers are usually located in the European Union, especially in Luxembourg, Poland, France, Ireland and Germany. Some of these entities are also located outside the European Union and the European Economic Area ("EEA"), in the United States, England and Canada, among other countries. In order to guarantee the correct functioning of the Mangopay services, you consent to your data being shared with entities of the group to which Mangopay belongs when said entities participate in the provision of the Mangopay services. Finally, you agree to the lifting of professional secrecy in the context of legitimate requests from authorities empowered to require us to share certain information. You also have the right to exempt us from professional secrecy by expressly informing us of the third parties you authorize to receive your confidential information, as well as the categories of data that will be disclosed. 9.2. Intellectual Property We retain all title and intellectual property rights linked to the Mangopay services that we offer to you. This document does not transfer any of these rights to you. 16 You agree not to infringe the titles and rights of Mangopay, including the “Mangopay” trademark and logo. You also agree not to remove or modify any indication of the “Mangopay” trademark or any other intellectual property or proprietary rights appearing on any item supplied or made available by Mangopay. 9.3. Force majeure In the event of non-compliance with Mangopay services, we cannot be considered responsible or in breach of these general conditions when the cause of non-compliance is related to a force majeure event, as defined in the applicable legislation. 9.4. Independence of contractual provisions If any of the provisions of these general conditions are declared void, it will be considered unwritten and will not invalidate any of the other provisions. In the event that one or more provisions of these general conditions become obsolete or are declared as such by virtue of a law, a regulation or following a final ruling issued by a competent court, the other provisions will retain their scope and binding character. . 9.5. Impossibility of transfer You may not transfer or assign to third parties the rights and obligations that correspond to you under these general conditions. 9.6. Testing Agreement You acknowledge that all information related to your use of the Mangopay services and which is in our computer system in an unalterable, reliable and secure manner will be considered authentic until proven otherwise. 9.7. No waiver The fact that you or we do not make use of any of the provisions set out in these general conditions at a given time does not constitute a waiver of a right, and does not prevent the exercise of such right or any other right at a given date. later. 9.8. Claims and mediation For any request related to the use of Mangopay services, we invite you to first contact the platform's customer service. For complaints related to Mangopay services or your Mangopay account, you can contact our complaints department through the following email address: [email protected]. You will receive a response as soon as possible and, at the latest, within fifteen (15) business days following receipt of the claim by Mangopay. However, for reasons beyond our control, Mangopay may not be able to respond within this fifteen (15) day period. In this case, we will send you a response that will specify the reasons for this additional period and the date on which we will send you the final response. In any case, you will receive a definitive response no later than thirty-five (35) business days after receipt of the complaint. We inform you that the Luxembourg Financial Sector Supervision Commission (CSSF) is competent to resolve, out of court, disputes relating to the application of these general conditions. For more information about the CSSF and the conditions of said resource, you can consult the entity's website (https://www.cssf.lu/en/customer-complaints/). We draw your attention to the fact that it is not possible to resort to the CSSF if the request is clearly unfounded or abusive, if the dispute has been previously examined or is in the process of being examined by another consumer protection entity or by a court, if The request is submitted to the consumer ombudsman more than one year after the written complaint submitted to us or if the dispute does not fall within the scope of the consumer ombudsman's powers. If you are a consumer, you can also submit your complaint on the European Commission's online dispute resolution platform, at https://webgate.ec.europa.eu/odr/. The use of mediation is an alternative mechanism that is not a precondition for taking legal action. 9.9. Language Except in the case of public order regulations (which will only apply to the strict extent of their purpose), these general conditions are concluded in English only and you agree to us communicating with you in English. Any translation of these general conditions is provided solely for your convenience and is not intended to modify their terms. 9.10. Applicable law and jurisdiction These general conditions are subject to Luxembourg law, except in cases where public order laws (such as local consumer law) must apply to the relationship between us. In the event of a dispute between us, you agree to the exclusive jurisdiction of the courts of Luxembourg. However, if you are a consumer, you can appeal to the courts of your place of residence or to the courts of the registered office of Mangopay, in accordance with Regulation No. 1215/2012, of December 12, 2012. 18 Specific conditions Conditions specific for Mangopay services in case of reuse of funds registered in a Mangopay account Please note that this document has been translated into several languages for the convenience of our readers. In case of discrepancy, the English version will prevail. These specific conditions are applicable when you have the option of (i) using the funds registered in your Mangopay account to transfer funds to the Mangopay account of another user of the platform, and ( ii ) receiving initiated fund transfers in your Mangopay account. from the Mangopay account of another user of the platform. This feature is only available if the partner has made this option available to you. If the payer is also a platform user with a Mangopay account, you have the option to pay them with the funds available in your own Mangopay account. In these specific conditions, this operation is called "transfer". 1. Transfer of funds from your Mangopay account to another Mangopay account You can use the funds registered in your Mangopay account to make a payment to the Mangopay account of another user of the platform. In this case, you must log in to the platform interface using the specified authentication procedure. Before initiating the payment, you must ensure that the available balance in your Mangopay account is sufficient to cover the transfer amount. To credit the payment to the Mangopay account of another user of the platform, you must indicate the amount, the beneficiary and any other information requested by the member. Your payment instruction is irrevocable once you have confirmed the payment on the Platform Interface, and will be considered immediate unless otherwise indicated. We will execute your instruction as soon as possible and credit the funds to the Mangopay account of the user who is the beneficiary of the funds transfer. We may refuse to carry out the transaction if the instruction is incomplete or erroneous. We may block a transfer from your Mangopay account to another Mangopay account if we suspect fraudulent or unlawful use of your Mangopay account, a breach of the security of your Mangopay account or for AML/CFT reasons, including sanctions, restrictions or asset freezing measures imposed against you by an administrative authority or in connection with the transfer context. Disputing a transfer initiated from your Mangopay account - If you wish to dispute a payment made to the Mangopay account of another platform user that you have not authorized or that was made incorrectly, we invite you to contact us first and as soon as possible with the partner's customer service, or with Mangopay customer service. 19 If you use Mangopay services for non-professional purposes, you have a period of thirteen (13) months from the execution of the charge on your Mangopay account to dispute the transfer transaction. If you use Mangopay services as a professional, your dispute period is eight (8) weeks from the execution of the charge on your Mangopay account. If we discover that the unauthorized payment is due to fraud, we will refund the transaction amount to you. However, any loss related to unauthorized payments will remain your responsibility if it arises from fraudulent activity carried out by you, or in the event of negligence on your part regarding the security and access to your Mangopay account. 2. Receiving a transfer to your Mangopay account You can receive funds from other users of the platform who are holders of a Mangopay account by transfer to your Mangopay account. Funds received by transfer will be posted to your Mangopay account. 3. Refund of a transfer received If you wish to refund a transfer related to a transaction, you can request the cancellation of all or part of a transfer received in your account in accordance with this article. Cancellation of a transfer will only be possible if the funds corresponding to the amount pending refund are available in your Mangopay account.