User terms and conditions
1. About Us
These General Terms and Conditions of Use ("GTCU") apply to the Non-Financial Services ("NFS") that InvesTRe S.A. ("InvesTRe") offers via its Moniflo mobile and web applications ("the App") accessible viaAndroid and IOS, to any Internet user (the "User(s)"). InvesTRe is a company domiciled in Luxembourg having its registered office and main establishment at 209, rue des Romains, L-8041 Bertrange. Its traderegister number is B249656 and its national registration number is 2020 2206175. Its website is hosted at thefollowing address: www.moniflo.com.
2. Definitions
2.1 NFS
The supply (in whole or partially) of an automated interface including access to data and information relatedto various investment funds and their securities. It includes access to any virtual trading functions available for the purpose of investment simulations.
2.2 App
Refers to the applications provided by InvesTRe for the user to access Moniflo’s services.
2.3 User
Any natural person of legal age and with legal capacity acting exclusively in a private capacity.
3. The NFS
Users may access InvesTRe's NFS exclusively through the Moniflo App. Users shall have free access to the NFS offered by InvesTRe on the App.
4. Conditions of access to the NFS
4.1 Opening an account
Users must sign up for an account on the Moniflo App in order to gain access and use the NFS. Sign-up on the App requires the User's acceptance of the terms and conditions contained herein.
4.1.1 Information provided during sign-up
In order to sign up, the User must choose an identifier and a password that will allow them to obtain accessto the App. This access is strictly personal and the User is prohibited from sharing or transferring it to anyone.
During sign-up, the User undertakes to complete the form truthfully and to provide accurate, complete and up-to-date information. The login and password are proof of the identity of the User and commit them to any usemade of the NFS through it.
4.1.2 Responsibility of the User
The User is entirely responsible for the safekeeping and use of their login and password. They must take all measures to prevent unauthorized or fraudulent use of their account. To this end, they must regularly change their password, use a strong password and keep it confidential.
In the event of a change in their situation, the User undertakes to update the information concerned via the App. InvesTRe declines all responsibility in the event that it has not been notified of a change in the User's situation or information.
In the event that the User provides information that is false, inaccurate, out-of-date, incomplete or in breach of the provisions of this article, InvesTRe shall be entitled to suspend or remove the User's access to the App without delay and to refuse them immediately, and for the future, access to all or part of the NFS.
Access to the NFS is individual and may not be granted to a third party. InvesTRe declines all responsibilityin the event of identity theft. If the User observes or suspects any unauthorized or fraudulent use of their login and/or password or any breach of securitý, they must immediately alert InvesTRe who will support the user in establishing a new password.
4.1.3 Account deletion
This contract is concluded between InvesTRe and the User for the entire duration of the user’s use of the Non-Financial Services.
The user may terminate this contract at any time and without notice by submitting an Account Deletion request using the Account Deletion Form. The form is accessed via the App Settings.
InvesTRe undertakes to comply with a notice period of 5 days before any termination. However, InvesTRe may terminate the contract without notice in the event of manifest abuse by the user in the event of unlawfulor fraudulent conduct by the user or non-compliance with any of the conditions of the contract.
InvesTRe cannot be held liable to the User or any third party due to the interruption, suspension or termination, for any reason whatsoever, of the contract.
5. Personal data
In the context of the use of the NFS, InvesTRe has permission to process the personal data of the User: the conditions of the implementation of such processing are described within the InvesTRe Privacy Policy, accessible on the Moniflo website and or by copying and pasting the following url into your browser: www.moniflo.com/privacy-policies/app
6. Rights, obligations, and liability of InvesTRe
6.1 Accessibility of the App
InvesTRe does not guarantee that the App will be accessible without interruption. InvesTRe reserves the right to interrupt access to the App for maintenance reasons and in particular in the event of an emergency.
InvesTRe holds no liability for the alteration, loss or accidental transmission of data or the sending of viruses via content posted on the App by the User or sent to InvesTRe for distribution via the App.
6.2 Intellectual Property
6.3 Logos and trademarks
InvesTRe is the owner and/or has the authorisation to use all the rights relating to the logos, trademarks, distinctive signs as well as the databases and software used in connection with the operation of the App.
Any representation or reproduction, in whole or in part, of the logos, trademarks, distinctive signs as well as the databases used on the App by any process whatsoever without InvesTRe 's express prior authorization is prohibited and would constitute an infringement.
6.3.1 Content of the App
The App, its content, texts and illustrations, photographs and images are the property of InvesTRe and/or of third parties contractually linked to InvesTRe. It is forbidden to copy and/or download all or part of the InvesTRe App or that provided by Clarity AI, its content, its catalog, its texts and illustrations, its photographs and/or its images.
6.3.2 Reference, Financial and ESG data
The information and data transmitted by the data providers specifically mentioned on the App is the propertyof InvesTRe 's data providers and is protected by copyright and intellectual property laws. Permission to download, copy, save and edit the content of the website or the App, their content or the results generated or viewed by the display tools, in part or in full, is granted solely for personal, non- commercial use. Copyright notices or brand names may not be omitted or modified. The User will use third party data solely for its own internal business purposes, or for its individual purposes if the User is an individual.
The User will not use or deal with any third-party data in a way which might require a separate license from a data provider nor use or distribute, or cause to be used or distributed, any third-party data to, or on behalf of, or for the benefit of anyone else.
The User will not use or exploit any third-party data in any way which has the purpose or effect of creating a financial product or service which resembles or is related in some way to matching the performance of any of the third-party data, including any index values, or whose capital and/or income value is related to any third party data, including any index values.
Disclaimer of Legal Liability for the quality or reliability of services:
InvesTRe has specifically contracted with Clarity AI Europe S.L. for AI-powered sustainability analysis and insights to deliver on the UN Sustainable Development Goals alignment and Exclusion data.
InvesTRe and its connected entities make no representation or warranty about the service provided by Clarity AI Europe S.L., including any representation that the services will be uninterrupted or error-free, andprovide the services (including content and information) on an “as is” and “as available” basis. to the fullest extent permitted under applicable law, InvesTRe and its connected entities disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non- infringement, merchantability or fitness for a particular purpose.
Please refer to Annex 1 attached which reproduces the applicable Clarity AI USER TERMS AND CONDITIONS.
6.4 Disclaimer of Liability
All information and financial data relating to financial instruments is given for information purposes only, even if it has been established from serious sources deemed reliable. It shall not constitute on the part of InvesTRe either an offer to buy, sell or subscribe to financial instruments or an offer of financial services andshall not be deemed to constitute an incitement or recommendation to trade in the securities referred to.
InvesTRe disclaims all liability in the use that may be made of this information and the consequences that may arise therefrom, any decision taken on the basis of the information contained on the App.
Furthermore, InvesTRe shall not be held liable in the event of force majeure or any event beyond its control in particular in the event of interruption or malfunction of the NFS resulting from a failure of the telephonenetwork or the User's Internet access provider.
6.5 Assignment, Governing Law and Dispute Resolution
InvesTRe may assign this agreement or its rights or obligations to any its affiliate thereof, or to a successor.Any InvesTRe obligation may be performed (in whole or in part), and any InvesTRe right (including invoiceand payment rights) or remedy may be exercised (in whole or in part) by an affiliate of InvesTRe.
The laws of Luxembourg govern all claims related to these terms and conditions. Any claim you make against InvesTRe or its subsidiaries shall be heard in the Luxembourg courts.
7. Rights, obligations, and responsibility of the User
7.1 Use of the App and the NFS
7.1.1 Right of use
InvesTRe grants the User a private, non-collective and non-exclusive right of use of the content of the App.This right of use includes the right to reproduce for storage for the purposes of representation on cell phones or tablets. Any networking, any redistribution, in any form, even partial, is therefore prohibited. This right is personal, it is reserved for the exclusive use of the User. It is not transferable in any way.
7.1.2 Acceptance of the risks associated with the use of the App
The User declares that they accept the characteristics and limits of the Internet, and acknowledges:
· that they are aware of the nature of the Internet, in particular its technical performance and the response times for consulting, querying or transferring content;
· that the communication of their possible access codes or in a general way of any information considered confidential is made under their own responsibility;
· that it is up to them to take all necessary measures to ensure that the technical characteristics of their cell phone or tablet allow them to consult the contents;
· that it is up to them to take all appropriate measures in order to protect their own data and/or software from contamination by possible viruses circulating through the App.
The User undertakes not to use devices or software of any kind to disrupt or attempt to disrupt the proper functioning of the App. Users agree to only use the App to access the NFS. Users are not permitted to accessthe NFS using other mechanisms such as directly accessing server services or using other App software instead of the App.
Users undertake not to take any action that would impose a disproportionate burden on InvesTRe 's infrastructure.
Users shall refrain from modifying, copying, reproducing, downloading, disseminating, transmitting, commercially exploiting and/or distributing in any way whatsoever the NFS, the content of the App or thecomputer codes of the elements making up the NFS.
Some of the information contained on the App is updated in real time and is licensed by the Users or the third parties concerned. Users undertake not to copy, reproduce, alter, modify, create derivative works from or disclose to the public all or part of the content of the App without the prior written consent of InvesTRe orthe third parties concerned.
The User acknowledges that infringement of any of InvesTRe 's copyrights constitutes an offence of counterfeiting punishable by law.
8. Acceptance of the GTCU
The present GTCU are referenced on the App and must be accepted without condition or reservation before the registration of the User.
The User is notified that, by signing up to the app, they “accept the Terms and Conditions of Use and thePrivacy Policy" and by submitting their onboarding information, the User acknowledges having read them and declares accepting them in their entirety.
9. Modification of the GTCU
We may modify this contract and our Privacy Policies from time to time. If we make a material change to it(such as an amendment to the free access or the introduction of a fee-paying service or services), we will provide you with prior notice via the necessary channels, which will give you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.
Appendix 1
SCHEDULE 3 - CLARITY AI USER TERMS AND CONDITIONS
1. CLARITY SERVICES TERMS OF USE
1.1 The terms in this Section 7.2.3 (Clarity Services Terms of Use) (“Clarity Terms”) Apply to the User (for the purpose of these Clarity Terms, “You”, “Your”) for Your access to the data and services of Clarity AI Europe S.L and its affiliates (“Clarity”)made available to You by InvesTRe S.A. its affiliates or distributors or their respective successors (for the purpose of these ClarityTerms, “Us”, “We”, “Our”) through Our platform (“Platform”), hereafter the “Clarity Services”. The Non-Financial Services General Terms and Conditions of Use under which You have access to the Platform shall be referred to as the “Provider Terms” for thepurpose of this Section 7.2.3 (Clarity Service Terms of Use).
1.2 You agree that Clarity and Provider are unaffiliated independent entities, and that the use of any products and services other than the Clarity Services are subject to the Provider Terms or other terms entered into by You and Provider or third parties.
1.3 Subject to these Clarity Terms, You may access and use the Clarity Services solely for (i) internal analysis purposes, and (ii) the provision of “Reports” to Your direct clients or regulators. “Reports” shall be understood to mean reports includingextracts of Clarity data provided that such data, (a) is downloadable through the download functionality of the Clarity Servicesor the Platform and not extracted through other means, (b) for direct clients, relates to the portfolios of such direct client and for suchdirect clients ́ internal use, (c) for regulators, relates to the legal requirements Applicable to You and (d) includes only “insubstantial amounts of Clarity data” (meaning an amount of Clarity data that (x) has no independent commercial value as a database, (y) is not separately marketed by You, and
(z) is not regularly or systematically retrieved in a manner that does not satisfy clauses (x), and (y) of this definition.
1.4 No right in relation to the Clarity Services other than the right of usage granted in these Clarity Terms is granted to You (including the right to create derivative works or to create, value or manage financial products, securities or indices). You may notredistribute or provide access to the Clarity Services to any third party. Any intellectual property rights in the Clarity Services shall be, as between Clarity and You the exclusive property of Clarity. The Clarity Services shall not be reverse engineered or used to create any product or service similar to or competing with the Clarity Services.
1.5 TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLARITY AND ITS PROVIDERS DISCLAIM ALL WARRANTIES AND LIABILITY (WHETHER EXPRESS OR IMPLIED, INCLUDING OF ACCURACY, NON- INFRINGEMENT, AVAILABILITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, CURRENTNESS OR COMPLETENESS) AND LIABILITY (WHETHER DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE) WITH RESPECT TOTHE CLARITY SERVICES, THE PROVIDER TERMS, OR THE PLATFORM . .
1.6 THE CLARITY SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. UNDER NO CIRCUMSTANCES MAY THE CLARITY SERVICES BE INTERPRETED AS THE PROVISION OF FINANCIAL, COMMERCIAL OR STRATEGIC ADVICE. CLARITY IS NOT RESPONSIBLE FOR HOW THE CLARITY SERVICES ARE USED OR THERESULTS, ANALYSES AND DECISIONS DERIVED BY YOU FROM YOUR USE OF THE
CLARITY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT CLARITY MAY DIRECTLY ENFORCE THESE CLARITY TERMS AGAINST YOU.
1.7 You shall fully indemnify and keep harmless Clarity against any and all damages, losses, and claims arising out of anyunauthorized usage of the Clarity Services, including but not limited to by You or on behalf of You. These Clarity Terms shall terminateupon the earliest between (i) the termination of the Provider Terms or the part of the Provider Terms relating to the access of You to theClarity Services,
(ii) the termination of the agreement between Provider and Clarity regarding the availability of the Clarity Services through the Platform or (iii) termination by Clarity for breach of these Clarity Terms by You.
1.8 Clarity may immediately suspend (or require the Provider to suspend) the access of You to the Clarity Services if Clarityreasonably believes that You are in breach of these Clarity Terms. If You breach these Clarity Terms, Clarity may immediately terminate Your access to the Clarity Services.
1.9 Termination of these Clarity Terms shall not affect the intellectual property rights of Clarity or rights and liabilities whichhave accrued prior to termination. Upon termination of these Clarity Terms, you shall stop using and delete any copy of the Clarity Services in Your possession.
1.10 If any provision of these Clarity Terms are held by a competent jurisdiction to be contrary to law, such provision shall bechanged by such jurisdiction and interpreted so as to best accomplish the objectives of the original provision to the fullest extentallowed by law, and the remaining provisions of these Clarity Terms shall remain in full force and effect.
