Moniflo 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 mobile and web applications ("the Application") accessible via Android and IOS, to any Internet user (the "User(s)"). invesTRe is a limited company domiciled in Luxembourg having its registered office and main establishment at 209, rue des Romains, L-8041 Bertrange. Its trade register number is B249656 and its national registration number is 2020 2206 175. Its website is hosted at the following address: www.investre.eu.
The supply (in whole or partially) of an automated interface including access to investre's social network, access by the User to data and information related to various investment funds and their securities. It includes access to the virtual trading function for the purpose of investment simulations.
investre hosts collaborative spaces allowing its Users to exchange information and communicate online about the investment funds available on the Application.
Refers to the application software hosted on the investre server at my.moniflo.com and any application software installed on the user mobile devices.
Any natural person of legal age and with legal capacity acting exclusively in a private capacity or as an authorised legal representative. User as defined in of the Terms & Conditions can also be a Listing and Non-Financial Services representative of investment funds.
3. The NFS
Users may access invesTRe's NFS exclusively through the Application. Users shall have free access to the NFS offered by invesTRe on the Application.
4. Conditions of access to the NFS
Users must register on the Application in order to gain access and use the NFS. Registration on the Application requires the User's acceptance of the terms and conditions contained herein.
4.1.1 Information provided during registration
In order to register, the User must choose an identifier and a password that will allow them to obtain access to the Application. This access is strictly personal and the User is prohibited from sharing or transferring it to anyone.
Upon registration, the User undertakes to complete the registration 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 use made 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 Application. 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 Application 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 responsibility in 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.
The user may also nullify/terminate their access by notification to investre. In this case, the user's identifier and password shall be deactivated and new codes shall be sent to the user.
4.1.3 Termination of registration
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 sending an email to investre.
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 unlawful or 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.
4.2 Management of profile
Registration generates the creation of a profile for each User. Each User has the possibility to illustrate their profile with an image (photograph, drawing). The User must ensure beforehand that the choice of their identifier and image does not infringe the rights of third parties and/or does not constitute an unauthorized reproduction of a work protected by an intellectual propertý right, in particular under copyright, designs and models or trademarks.
The User ensures that the choice of their identifier and the illustration of their profile does not violate morality and does not constitute the reproduction of an illicit content (apology for crimes against humanity, incitement to racial hatred, illegal contents, incitement to violence, attacks on human dignity).
investre declines all responsibility in case of third-party claims related to the choice of the identifier and illustration of the User's profile that could prove to be illicit or infringing on the rights of third parties. To this end, the User shall not hold investre liable or responsible for any action that may be brought against investre in connection with the choice of their username and the illustration of their profile.
5. Personal data
While using the NFS, cookies are deposited on the User's device.
7. Rights, obligations, and liability of INVESTRE
7.1 Accessibility of the Application
investre does not guarantee that the Application will be accessible without interruption. investre reserves the right to interrupt access to the Application 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 Application by the User or sent to investre for distribution via the Application.
7.2 Intellectual Property
7.2.1 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 Application.
Any representation or reproduction, in whole or in part, of the logos, trademarks, distinctive signs as well as the databases used on the Application by any process whatsoever without investre 's express prior authorization is prohibited and would constitute an infringement.
7.2.2 Content of the Application
The Application, 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 Application or that provided by Clarity AI, its content, its catalog, its texts and illustrations, its photographs and/or its images.
7.2.3 Reference, Financial and ESG data
The information and data transmitted by the data providers specifically mentioned on the Application is the property of 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 Application, 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, to create client-friendly, real-world Impact Highlights reports, and to fuel proprietary assessment of ESG Impact
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, and provide 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.
7.3 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 and shall 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 Application.
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 telephone network or the User's Internet access provider.
7.4 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 invoice and 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.
8. Rights, obligations, and responsibility of the User
8.1 Use of the Application and the NFS
8.1.1 Right of use
investre grants the User a private, non-collective and non-exclusive right of use of the content of the Application. 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.
8.1.2 Acceptance of the risks associated with the use of the Application
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 Application.
The User undertakes not to use devices or software of any kind to disrupt or attempt to disrupt the proper functioning of the Application. Users agree to only use the Application to access the NFS. Users are not permitted to access the NFS using other mechanisms such as directly accessing server services or using other application software instead of the Application.
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 Application or the computer codes of the elements making up the NFS.
Some of the information contained on the Application 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 Application without the prior written consent of investre or the third parties concerned.
The User acknowledges that infringement of any of investre 's copyrights constitutes an offence of counterfeiting punishable by law.
8.2 Advertising of content
The Application allows the User to publish content on the Application. The User declares that they are the owner of the rights to all content published.
The User expressly authorises investre to reproduce and disseminate the content published on all electronic communication media including the Application.
The User expressly authorises investre to modify the said content in order to comply with the graphic charter of the Application and/or to make it compatible with its technical performance or the formats of the media concerned. These rights are granted for the whole world and for the entire duration of the contract.
The User undertakes to publish content in accordance with the theme on which they are working.
The User undertakes not to post hyperlinks pointing to sites that do not comply with the legislation in force or that are likely to harm the interests or image of investre or any other companý or subsidiary in the group to which it belongs.
The User also undertakes to use their best efforts not to post content containing viruses, routines creating deterioration or programs likely to cause damage to persons or property.
The User agrees to comply with all applicable laws and not to infringe the rights of third parties.
The User shall refrain from harassing in any way (moral pressure, insults, threats) other Users or from collecting and storing personal data relating to other Users.
Users themselves define the scope of their private life and it is their responsibility to communicate to investre and to other Users only such information concerning them as they consider that its dissemination would not be prejudicial to them.
If the User finds or considers that the content is manifestly unlawful, they may report it to investre.
Any notification of content abusively presented as illicit with the aim of obtaining its removal may expose the User to civil and/or criminal penalties.
investre reserves the right to remove without notice any content that is published in violation of the provisions of the GTC or that may infringe the rights of a third party or investre.
9. Acceptance of the GTCU
The present GTCU are referenced from the 17th June 2022 on the Application and must be accepted without conditions or reservations before the registration of the User.
10. Modification of the GTCU
SCHEDULE 3 - CLARITY AI USER TERMS AND CONDITIONS
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 including extracts of Clarity data provided that such data, (a) is downloadable through the download functionality of the Clarity Services or the Platform and not extracted through other means, (b) for direct clients, relates to the portfolios of such direct client and for such direct 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 not redistribute 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 TO THE 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 THE RESULTS, 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 any unauthorized usage of the Clarity Services, including but not limited to by You or on behalf of You. These Clarity Terms shall terminate upon the earliest between (i) the termination of the Provider Terms or the part of the Provider Terms relating to the access of You to the Clarity 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 Clarity reasonably 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 which have 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 be changed by such jurisdiction and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Clarity Terms shall remain in full force and effect.