Terms and Conditions of Use for Individuals - Lydia App

General provisions

Introduction

This version of Terms and Conditions is applicable as of September 23, 2024 and cancels and replaces from that date all previous versions having the same object which were binding on the Parties. The previous version can be consulted at the following address: https://support.lydia.me/l/en/article/h5imdpxchq-terms-and-conditions-of-use-for-individuals-lydia-app-23-09-2024.

Definitions

For the purposes of applying and interpreting these Terms and Conditions, words and expressions beginning with a capital letter shall, notwithstanding any definition given in another document, have the meanings set out below, whether used in the singular or in the plural:

“ACPR” means the French Prudential Regulation Authority (“Autorité de Contrôle Prudentiel et de Résolution”).

“Mobile application” means any application, published by Lydia Solutions, for individuals, available for download from application stores (list available on the Lydia Solutions website), for compatible devices and operating systems. An active internet connection is required for its operation.

“Authentication” means the procedure which allows Lydia Solutions to verify the access rights or validity of the use of a specific payment instrument, including the use of the Customer’s Personalised Security Data.

“Strong Authentication” means Authentication measures based on the use of two (2) or more elements categorized as “knowledge” (something only the Customer knows), “possession” (something only the Customer possesses) and “inherence” (something the Customer is) and that are independent, in that the breach of one does not compromise the reliability of the others, and is designed in such a way as to protect the confidentiality of the authentication data.

“Customer” means the natural person, of legal age and capacity, acting for strictly non-professional purposes in the context of these Terms and Conditions and/or the Electronic Money Account Agreement and/or the Payment Account Agreement, accepted by the Customer.

“Personal Account” means the individual account that the Customer has the option to create when registering on the Mobile Application, allowing the Customer to access their services and all data concerning the Customer stored by Lydia Solutions, after identification via Personalised Security Data.

“Electronic Money Account” means the electronic money account governed by the Electronic Money Account Agreement opened in the books of Lydia Solutions in the name of the Customer.

“Payment Account” means the payment account governed by the Payment Account Agreement opened, if applicable, in the books of Lydia Solutions in the name of the Customer. 

“Content” is as defined in Article 20 of these Terms and Conditions. 

“Terms and Conditions” means this document to which the Electronic Money Account Agreement and the Payment Account Agreement relate, as well as the Terms and Conditions applicable to the Lydia offer.

"Personalised Security Data" means all personalised data defined as the case may be by the Customer or by the Lydia Solutions for Authentication purposes (e.g., login information, password, confidential code, TouchID, FaceID, Samsung biometry, etc.).

“EEA” means the European Economic Area composed of all the States listed by the European Parliament on its website.

“Business Day” means any day on which Lydia Solutions or the payment service provider of the other party to the payment transaction is open for business for the purpose of completing a payment transaction. Days on which the payment systems are likely to be used for the completion of a payment transaction are not classed as business days. 

"Lydia App" means the Mobile Application dedicated to the Lydia offer.

"User Manual" means the online guide covering the services provided by Lydia Solutions to its Customers.

"Partner(s)" is as defined in Article 1.2 of these Terms and Conditions.

"Party(ies)" means, individually, the Customer or Lydia Solutions and, collectively, the Customer and Lydia Solutions.

"Existing Service" means any service offered by Lydia Solutions to the Customer that is not available in the Mobile Application, but in another dedicated area and which is governed by its own contractual terms and conditions.

"Durable Medium" means any instrument which enables the Customer to store information addressed personally to them, ensuring the information remains accessible for subsequent consultation over a period of time suitable for the end purpose and can be reproduced exactly.

"EU" means the European Union.

The French version of this document prevails over the English version.

Article 1: Introducing Lydia Solutions and its Partners

1 - Lydia Solutions

Lydia Solutions is a French simplified joint-stock company (société par actions simplifiée) with share capital of 1,786,707 euros, registered with the Paris Trade and Companies Register under the number 534479589, having its registered office at 14 Avenue de l’Opéra, 75001 Paris, France.

Lydia Solutions is authorised as an electronic money institution authorised to provide payment services under the supervision of the ACPR. The authorisation granted to Lydia Solutions can be verified at www.regafi.fr and https://euclid.eba.europa.eu/register.

2 - Lydia Solutions’ Partners

Lydia Solutions’ partners act namely as investment service providers, financing companies or credit institutions. As such, they are authorised to offer their services to the Customer (hereinafter, the "Partner(s)"). 

The Customer acknowledges and accepts that the electronic money services or payment services, subject hereof, are provided to the Customer only because of and within the framework of its contractual relationship with Lydia Solutions.

Article 2: Purpose

The purpose of these Terms and Conditions applicable to the Lydia app is to define: 

• the terms and conditions applicable to all of the services available in the Lydia App and made available to the Customer by Lydia Solutions and 
• the joint provisions applicable to the Electronic Money Account or the Payment Account, it being specified that the Customer acknowledges and accepts that they must (i) accept the conditions set by the Electronic Money Account Agreement and/or the Payment Account Agreement, and, if applicable (ii) be bound by the terms and conditions of use, limitations and tariffs provided for respectively by the Card Agreement, the Pricing and Limits Annex and, if applicable, the Terms and Conditions of the Lydia offer.

In addition, the Customer is reminded that: 

• if they are already a user of the Existing Services and wish to benefit from the Mobile Application services, they must adhere to these Terms and Conditions and, where applicable, the Electronic Money Account Agreement and/or the Payment Account Agreement, it being recalled that this new membership entails the termination of the contractual terms and conditions applicable to the Existing Services and
• other contractual documents may also frame the additional and optional services to be made available in the Mobile Application and will be presented for signature when the Customer accesses or subscribes to the service concerned. The general and special terms and conditions for these services can be modified in accordance with the applicable regulatory requirements independently of these Terms and Conditions, subject to compliance with the associated notice periods defined by law.

Article 3: Relations between the Customer and Lydia Solutions

1 - Signature, digitization and means of communication

The Customer unreservedly consents to these Terms and Conditions at the time of subscription via the Lydia App to any service offered by Lydia Solutions.

The Customer acknowledges and accepts that their entire relationship with Lydia Solutions is digitised. Any information or document to be given to the Customer will be transmitted on a Durable Medium by Lydia Solutions and/or, where applicable, made available on https://support.lydia.me and within the Mobile Application.

To be able to access their Personal Account, Electronic Money Account or Payment Account and the services associated therewith, the Customer must be equipped with equipment compatible with the Mobile App (smartphone, tablet or any other compatible smart object) and have a valid mobile phone number, issued in one of the countries listed in the User Manual.

In order to benefit from all Lydia Solutions services under optimal and secure conditions, the Customer must also ensure that they have installed the latest update of the Mobile Application. 

Lydia Solutions makes its best efforts, but cannot guarantee that the Mobile Application will be compatible with all existing terminals on the market and in particular terminals equipped with obsolete Android or iOS operating systems.

A paper copy of the Terms and Conditions may be provided to the Customer upon request, free of charge, at any time during the course of the contractual relationship. 

2 - Interpretation

Any reference to a provision of law means such provision as may be amended, replaced or codified to the extent that such amendment, replacement or codification applies or is likely to apply to the services described in the Terms and Conditions.

References made to an individual shall include their successors in title, assigns and permitted transferees. 

The headings of the Articles of these Terms and Conditions are provided for information only and shall not be taken into account in the interpretation of the Electronic Money Account Agreement or Payment Account Agreement.

In addition, any failure by one of the Parties to act on a breach by the other Party of any one of its obligations set out in these Terms and Conditions during the commercial relationship cannot be interpreted as an abandonment of the obligation in question.

3 - Online access to the Personal Account

The Personal Account and its associated services are accessible online via the Mobile Application and can be subject to Strong Authentication. The Customer acknowledges and accepts that any connection to the Mobile Application via the entry of their Personalised Security Data constitutes a written document within the meaning of Article 1365 of the French Civil Code.

In any event, the Customer acknowledges and accepts they can no longer access the service(s) they are subscribed to with Lydia Solutions if their Personal Account is terminated upon their request or, if applicable, the request of Lydia Solutions, or in the event of a suspension by Lydia Solutions in application of this contract, of current regulations and/or of the contractual conditions applicable to the service(s) the Customer is subscribed to.

 4 - Strong Authentication

Pursuant to the applicable regulations, Lydia Solutions applies Strong Authentication measures via the Mobile Application when the Customer:

• accesses their Personal Account or Electronic Money Account or Payment Account remotely
• initiates an electronic payment transaction
• carries out a transaction through a remote channel which may imply a risk of payment fraud or other fraudulent use 

Lydia Solutions reserves the right to waiver the obligation to apply Strong Authentication measures in those cases expressly referred to by the applicable regulations and, in particular, the regulatory technical standards concerning Authentication and communication.

Article 4: Customer representations and obligations

 1 - Customer representations

The Customer represents that they are an adult natural person acting for non-professional needs, on their own behalf and in their own interest, and acknowledges and accepts that the services provided herein cannot under any circumstances be provided to them in the context of the performance of any business involving commercial, industrial, craft, professional or agricultural activities. The Customer also certifies that they do not already hold a Personal Account.

At the time of acceptance hereof, if the Customer is a ‘US Person’, i.e. if they are deemed to be a US taxpayer within the meaning of the FATCA Act of 18 March 2010 (Foreign Account Tax Compliance Act) or if they acquire it during the performance hereof, and/or in the absence of self-certification, they acknowledge and accept that certain functionalities of the Mobile Application or services offered by Lydia Solutions are restricted or non-accessible to them.

The following are defined as “US Person”: citizens of the United States or any person presumed to be a citizen of the United States if they hold a US passport or were born in the territory of the United States, even when such a place of birth appears on a passport of another country, if no evidence of having renounced such US citizenship can be provided, and even if the person also holds another nationality or has their place of residence in another country; residents of the United States, regardless of their nationality, or (i) anyone who is considered a tax resident in the United States under US federal law, (ii) anyone who requests to be treated as a tax resident in the United States or (iii) anyone who is considered a tax resident under the law of that US state; holders of a permanent resident card (“green card”) in the United States; persons who have their principal residence or business address in the United States; persons whose principal mailing address is in the United States. 

A person shall also be considered a “US Person” and a US tax resident under US federal law if he/she meets the criteria for long-term residence in a calendar year in the following cases: physical presence in the United States for at least 31 days of the current calendar year, and physical presence in the United States for at least 183 days during the three-year period that includes the current year and the two preceding years, counting: a. All days on which such person was present during the current year and b. 1/3 of the days on which such person was present during the year preceding the current year, c. 1/6 of the days on which such person was present two years before the previous current year.

The Customer has and must retain full legal capacity throughout the term hereof. The Customer also represents that they are not the subject of any ban imposed by law or court order during the term of this Payment Account Agreement.

The Customer represents that all information provided by the latter to Lydia Solutions is and shall remain accurate for the duration of this Payment Account Agreement. The Customer also undertakes to respond to any request to update this information issued directly by Lydia Solutions or any Partners. Lydia Solutions shall not be held responsible for the consequences in the absence of an update. 

It is the Customer’s responsibility to inform Lydia Solutions in writing of any change relating to their status as a user of Lydia Solutions services, in particular in the event of a change in their contact details (telephone number, address, e-mail), professional activity, civil status, capacity, marital status, nationality, personal address (home, tax and mailing address), identification elements concerning their possible authorized representative and status (in particular in the event of acquisition of the status of citizen of the United States of America or of a “Green Card”).

Lydia Solutions further reminds the Customer that their Personal Account and Electronic Money Account or Payment Account are strictly personal. Any loan or disposal thereof is strictly prohibited. Any assignment, rental, loan or transfer of an account to a third party is strictly prohibited and will result in the termination of this Payment Account Agreement as well as the withdrawal of the Customer’s access to all services offered by Lydia Solutions, without notice.

 2 - Customer obligations

The Customer undertakes to respect these Terms and Conditions, as well as all laws and regulations applicable to the access and/or usage of the Mobile Application and Personal Account.

The Customer is reminded that all Personalised Security Data required to log in to their Personal Account is strictly confidential. In other words, the Customer is prohibited from sharing them in any capacity with a third party, including anyone impersonating a Lydia Solutions employee considering Lydia Solutions would never ask for such Personalised Security Data. In any case, the Customer is fully responsible for the conservation of this Personalised Security Data in perfectly safe and confidential conditions as well as for their usage by a third party.

The Customer also undertakes to keep all documents and/or information that are sent to them by Lydia Solutions via their Personal Account confidential.

The Customer is also informed that fraudulently accessing or remaining in a computer system, fraudulently introducing or modifying data in a computer system or impeding or distorting the functioning of a computer system is punishable as a criminal offence.

In any event, the Customer is prohibited from: 

• using their Personal Account or allowing for their Personal Account to be used illegally, maliciously, fraudulently or abusively (ex. hacking of the Mobile Application and/or the Personal Account);
• bypassing in any capacity the efforts deployed by Lydia Solutions to ensure the Mobile App and the Personal Account are safe;
• damaging, compromising, overloading, disrupting or threatening the safety and/or functioning of the Personal Account and/or the Mobile Application, or more generally any Lydia Solutions operating and/or computer system (including the Mobile Application); and
• impeding, perverting or harming the normal functioning or fraudulently using the Personal Account and/or the Mobile Application in any way or form.

Any breach of the obligations of this Article may result in suspending the provision of all or part of the Personal Account and/or the Mobile Application for the Customer, or in closing their Personal Account in accordance with the procedures provided in Article 10.3 of these T&Cs, without prejudice to potential legal action.

The Customer must notify Lydia Solutions without delay of any fraudulent use of their Personal Account by a third party they might deem abusive and/or inconsistent with these Terms and Conditions using one of the following communication channels: 

• by email at: hello@lydia.me 
• by letter sent to: Lydia Solutions, Customer Services, 14 avenue de l’Opéra, 75001 Paris, France

Regulations applicable to Lydia Solutions

Article 5: Prevention of money laundering and the financing of terrorism and international sanctions

The Customer is informed that Lydia Solutions, as an electronic money institution, is subject to compliance with (i) the applicable regulations on the prevention of money laundering and the financing of terrorism and (ii) international sanctions measures and asset freezing. In this context, Lydia Solutions must in particular apply due diligence measures vis-à-vis the Customer, their effective beneficiaries, authorised representatives and all the transactions carried out thereby. 

Before entering into a business relationship, and throughout the duration of the business relationship, Lydia Solutions may ask the Customer or their authorised representative to disclose thereto all information that Lydia Solutions may deem useful for compliance with the said regulations. 

For identity verification purposes, and to ensure that Lydia Solutions can offer its services to the Customer, the Customer must provide Lydia Solutions with one of the following documents:

• a valid passport from an EEA country or a valid national identity card; or
• a residence permit issued by an EEA country; or
• a residence permit or visa issued by an EEA country.

In accordance with the applicable regulations, Lydia Solutions reserves the right to suspend or not execute a transaction or to terminate these Terms and Conditions in the event in particular that (i) the Customer or their authorised representative fails to communicate the information necessary for compliance with said regulations or (ii) the Customer and, where applicable, the authorised representative, or the country or territory in which it is located or established, were to become subject to economic or financial sanctions, commercial embargoes or similar measures adopted, promulgated or implemented by the United Nations, the United States of America, the United Kingdom, the European Union, France or any EU Member State or any other sanction recognized by Lydia Solutions or (iii) a Personal Account or an Electronic Money Account or a Payment Account were to be used in a manner that would constitute a violation of the sanctions mentioned in (ii), including in particular any direct or indirect payment for the benefit of or received from an individual or entity subject directly or indirectly to such sanctions or located in a country or territory under extended sanctions. In this context, Lydia Solutions may also be required to make any declaration to the competent authorities in accordance with the procedures provided for by the regulations in force. 

Article 6: Politically exposed persons

As part of its obligations in the combat to prevent money laundering and terrorist financing, Lydia Solutions and Lydia Solutions’ Partners are required to apply additional due diligence measures with regard to PEPs, who are subject to specific regulations because of the particular risks they and/or their relatives incur in terms of financial support for terrorism, attempted bribery or the circulation of money of fraudulent origin for the purpose of money laundering. In view of this increased risk, Lydia Solutions and Lydia Solutions’ Partners are subject, in addition to the due diligence measures provided for any Customer, to enhanced monitoring and additional due diligence measures at the beginning of the business relationship and during the performance of the service.

Lydia Solutions recalls that PEPs are defined under Article L. 561-10 of the French Monetary and Financial Code as: “(...) a person who is exposed to particular risks because of the political, judicial or administrative duties that such person performs or has performed or because of those performed by direct family members or persons known to be close associates of such person or who becomes such a close associate in the course of a business relationship”.

Consequently, any Customer corresponding to this definition undertakes to carry out all due diligence necessary to allow Lydia Solutions and, where applicable, Lydia Solutions’ Partners to carry out an enhanced review of the transactions carried out on their Electronic Money Account or Payment Account, to inform them of any exceptional transaction in relation to the transactions usually recorded on their Electronic Money Account or Payment Account and to provide them with any document or information required in order to allow Lydia Solutions and its Partners to provide evidence showing compliance with this specific regulation to the competent authorities.

Article 7: Data protection

As part of the business relationship, Lydia Solutions, acting in its capacity as data controller, may collect personal data related to the Customer. The Customer has a right to access, rectify and erase their data, to limit the processing thereof and to their portability. The Customer also has the right to object to processing for reasons related to their particular situation and the right to object at any time to the processing of their data for marketing purposes. 

Customers may exercise their rights over data and contact the Lydia Solutions Data Protection Officer as follows:

• by letter sent to: Lydia Solutions, Data Protection Officer, 14 avenue de l’Opéra, 75001 Paris, France
• by email at: dpo@isbs.eu

Information on data processing can be found in the Personal Data Protection Policy which is available to the Customer on the website https://support.lydia.me.

Article 8: Opt-out from telephone marketing

Any Customer who does not wish to receive telephone marketing calls may add their name to the telephone marketing opt-out list defined by Article L. 223-1 of the French Consumer Code directly via the website www.bloctel.gouv.fr or by letter addressed to: Worldline, Service Bloctel, CS 61311, 41013 Blois CEDEX, France. 

Any individual featured on this list cannot be contacted by telephone by Lydia Solutions or one of its Partners except in the case of contact within the framework of the performance of an agreement in force and having a connection with the subject of this agreement, including when this involves offering the consumer products or services related or complementary to the subject matter of the agreement in force or likely to improve its performance or quality.

Modification - Term - Closing of the Personal Account

Article 9: Modification

Lydia Solutions reserves the right to modify the Terms and Conditions at any time. The Customer shall be deemed to have accepted these with each new connection to the Lydia App.

The Customer shall be personally responsible for the retention on Durable Medium of previous versions of the Terms and Conditions.

On the other hand, any legislative or regulatory measure, such as any interpretation of a legal or regulatory rule by a competent authority, which could have the effect of modifying all or part of these Terms and Conditions, will be immediately applicable upon coming into force.

Article 10: Term - Closure of the Personal Account

1 - Term

These Terms and Conditions have been agreed by the Customer for an indefinite period. 

2 - Termination at the initiative of the Customer

The Customer may at any time and without cause request the closure of their Personal Account via one of the following communication channels: 

• directly from the Lydia App
• by email sent to Customer service at hello@lydia.me
• by letter sent to: Lydia Solutions, Customer Services, 14 avenue de l’Opéra, 75001 Paris, France

The Customer acknowledges and accepts that any request to close their Personal Account shall take effect one (1) month after receipt of their request by Lydia Solutions and results in the closure of their Payment Account or Electronic Money Account. For consequences relating to the closure of the Payment Account or the Electronic Money Account, we recommend the Customer see the Payment Account Agreement or the Electronic Money Account Agreement.

3 Closure at the initiative of Lydia Solutions

Lydia Solutions may at any time and without notice suspend, block or close the Personal Account if the Customer is in breach of their obligations towards Lydia Solutions, in particular in one of the cases below: 

• termination at the initiative of Lydia Solutions, for any reason, of the Payment Account Agreement or the Electronic Money Account Agreement,
• failure to comply with the Customer’s obligations under the applicable regulations and/or the Terms and Conditions (in particular, with regard to the publication of illegal Content), or in the event of the Customer’s actions listed in the List of Prohibited Activities

In general, Lydia Solutions reserves the right (i) to remove any illegal or inappropriate Content that may be published by the Customer in order to ensure the proper functioning of the services offered by Lydia Solutions and, where applicable, Lydia Solutions’ Partners and (ii) to initiate any legal proceedings against the Customer.

As such, the Customer acknowledges and accepts that any closure of the Personal Account will also have the effect of closing the Payment Account or the Electronic Money Account due to the termination of the Payment Account Agreement or the Electronic Money Account Agreement, it being recalled that the said termination will be pronounced due to the fault attributable to the Customer, without prejudice to any recourse that Lydia Solutions may exercise for the purpose of enforcing its rights and protecting its interests.

Miscellaneous

Article 11: Liability

The Customer acknowledges that they have sole liability for the use of their Personal Account and, in general, for the Mobile Application and its functionalities, including the use made by a third party.

The Customer is strongly recommended to follow the vigilance recommendations made by Lydia Solutions concerning the use of their Personal Account and, in general, the Mobile Application and its features, in particular: 

• to take all necessary security precautions to ensure the confidentiality and retention of their Personalised Security Data, it being recalled that the Customer is the guardian of the latter and retains solely responsibility for their use, including in particular any connection to their Personal Account made via the Mobile Application, and
• to remain the sole user of their Personal Account and of the Mobile Application by preventing any third party from making use thereof on behalf of the Customer or in place of the latter.

As such, the Customer acknowledges and accepts full responsibility for any consequences, direct or indirect, that could result from a lack of notification or late notification on their part following the loss or theft of their Personalised Security Data or, in general, any fraudulent use of the Mobile Application and/or their Personal Account by a third party.

In any event, Lydia Solutions shall not be liable for circumstances or events that are unforeseeable and/or beyond its control and/or volition, such as: 

• any cyber-attack, including in particular any unexpected interruption or worms or bugs or viruses in the Mobile Application and/or the Personal Account (e.g. denial of service (DDoS))
• any malfunction, interruption or suspension of the Personal Account and/or the Mobile Application or any damage or loss of data that may or may not result from fraudulent or unauthorized intrusion by a third party having resulted in the deletion or modification of all or part of the information made available to the Customer on the Mobile Application and/or their Personal Account,
• any momentary difficulty or impossibility, temporary or not, to access the Mobile Application and/or the Personal Account due to disruptions caused by third parties or their respective environments (e.g., Internet service providers, telecommunications networks, etc.)
• any unauthorised or fraudulent use of the Personal Account and/or the Mobile Application resulting from a consensual or non-consensual disclosure of the Customer’s data and/or Personalised Security Data.

The Customer is also informed that Lydia Solutions may interrupt, suspend or modify the Mobile Application for maintenance purposes, and will make its best efforts to give advance notice of such maintenance operations via a general information message on the Mobile Application or, as applicable, by any other method. This interruption, suspension or modification cannot in any way trigger the liability of Lydia Solutions and does not generate any right to compensation.

In addition, the Customer acknowledges that they have been informed of the characteristics and limits of the Internet network, including its technical performance. Therefore, Lydia Solutions cannot under any circumstances be held liable for the reliability of the data, access or response times, any restrictions on access to the Internet or the networks connected to it. Lydia Solutions cannot be held liable in the event of interruption of the networks providing access to the Mobile Application or the total or partial unavailability of the Mobile Application resulting from an interruption by a telecommunications operator or in the event of a transmission error or problems related to the security of transmissions, in the event of a failure of the Customer’s reception equipment or telephone line.

Article 12: Force majeure

Lydia Solutions shall have no liability in the case of an event of force majeure as defined in Article 1218 of the French Civil Code and according to the interpretation adopted by the case law of the French Supreme Court (Cour de cassation).

Article 13: Assignment

These Terms and Conditions and all rights and obligations relating thereto may not be assigned, in whole or in part, by the Customer, whether in return for payment or free of charge. 

Lydia Solutions reserves the right to assign these Terms and Conditions and all or part of the rights and obligations relating thereto to any third party institution provided that the latter has the necessary authorizations to provide the Customer with the electronic money services and/or payment services provided for herein.

Article 14: Language - Governing law - Jurisdiction

The French language is used in all pre-contractual and contractual relations as well as for any communication between the Customer and Lydia Solutions.

These Terms and Conditions as well as the pre-contractual relationship are subject exclusively to French law. In the event of a translation, only the French version of these Terms and Conditions shall prevail between the Parties. 

Jurisdiction is granted to the courts in France.

Article 15: Severability

If any one of the provisions of these Terms and Conditions is invalid or unenforceable under the law and regulations, it will be deemed unwritten. However, this shall not affect the validity or enforceability of the other provisions of these Terms and Conditions and, in any case, it shall not impact the continuity of the contractual relationship unless this Article is likely to modify the subject of these Terms and Conditions.

Article 16: Death

The death of the Customer brings these Terms and Conditions to an end.

Article 17: Lydia Solutions capacity as host entity

Lydia Solutions hosts public communication areas allowing, in particular, Customers and members to participate in chat rooms, instant messaging systems, and to disseminate Content, as defined in Article 20 below of these Terms and Conditions. These public communication areas are places of free discussion over which Lydia Solutions has no control and where only Customers can publish. Therefore, Lydia Solutions cannot be considered as having the capacity of content publisher but rather exclusively as the host which consists in making available to the Customers technical means allowing the direct and permanent storage of information intended to be communicated to the public. To do this, Lydia Solutions complies with the definition provided in Article 6.I.2 of Law No. 2004-575 of 21 June 2004 on trust in the digital economy ("LCEN law"). 

Paragraph 5 of I of Article 6 of the LCEN law states that:

“Knowledge of the disputed facts is presumed acquired by the persons designated in 2 (of Article 6 I 2 of the LCEN law, that is to say the hosts) when they are notified of the following elements: the date of notification; if the notifier is a natural person: their surname, given names, profession, domicile, nationality, date and place of birth; if the applicant is a legal person: its form, name, registered office and the body representing it legally; the name and domicile of the recipient or, in the case of a legal person, its name and registered office; a description of the disputed facts and their precise location; the reasons why the content must be removed, including the mention of the legal provisions and justifications of facts; a copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, withdrawal or modification, or the justification that the author or publisher could not be contacted”. 

Immediately upon being informed of the allegedly unlawful or unscrupulous nature of any given Content under the conditions provided for in Article 6, I, para. 5, of the LCEN law as indicated above, Lydia Solutions shall promptly implement the necessary measures to ensure that the Content is no longer accessible. These measures may range from the removal of Content to a temporary or even definitive ban preventing the Customer from using the Service concerned in view of the seriousness and repetitive nature of the breaches observed. Lydia Solutions also does not carry out any general oversight of Content beyond its contribution to the suppression of, in particular, apologist content relating to crimes against humanity, incitement to racial hatred, as well as child pornography, incitement to violence, in particular incitement to violence against women, and attacks on human dignity in accordance with the provisions of Article 6, I, para. 7, of the LCEN law. 

In addition, Lydia Solutions is in no way responsible for the Content it hosts. Lydia Solutions, in its capacity as Content host, shall have no liability or responsibility for the activities or information stored at the Customer’s request if it was not actually aware of their unlawful nature or of the facts and circumstances giving rise to this nature or if, once made aware of such Content, it then acted promptly to remove such information or block access thereto. In this regard, Lydia Solutions reserves the right to withdraw or suspend access to any Content following the receipt of a notification or if it is actually aware of the manifestly unlawful nature of the Content. Lydia Solutions shall have no liability whatsoever as a result of this withdrawal. Lydia Solutions has no liability of any kind whatsoever if the Content is shared by the Customer.

Article 18: Intellectual property, cookies and links

1 - Intellectual property

Lydia Solutions grants the Customer a personal and exclusive right that cannot be assigned or transferred but may be terminated covering the use of the Lydia Solutions mobile applications, APIs and website for the sole purpose of using the Lydia Solutions service. The Customer acknowledges that the sole use of these Lydia Solutions mobile applications, APIs and website does not allow it to claim intellectual property rights of any kind over them. Lydia Solutions retains exclusive ownership of the rights attached to the Lydia Solutions mobile applications, APIs and website, as well as all of their content, including the names, trademarks, domain names, logos or other distinctive signs held thereby. Reproduction of these elements is permitted for information only or for strictly private use.

2 - Cookies

When using the Lydia App, information relating to the Customer’s navigation may be stored in files known as Cookies installed on the Customer's terminal (e.g., tablet, smartphone), subject to the cookies choices recorded which may be modified by the Customer at any time.

Information regarding the processing of cookies can be found in the Policy on the use of trackers and cookies.

3 - Links

The Mobile Application and, where applicable, these Terms and Conditions may contain links which take the Customer through to the Lydia Solutions site and/or the sites of Lydia Solutions Partners or third party sites.

The Customer acknowledges and accepts that Lydia Solutions does not exercise any control over the sites of Lydia Solutions Partners and shall not be held responsible for any unavailability of the latter or for the content, advertisements, products or services accessible from or via the sites of the Lydia Solutions Partners or sites belonging to third parties.

In this respect, the Customer remains responsible for their browsing on the sites of Lydia Solutions Partners and/or third parties and it is their responsibility to contact them directly if necessary.

Article 19: Content description

The Customer undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties, and, in particular:

(a) that the Content does not in any way infringe the rights that third parties, natural persons or legal entities, may hold in particular in terms of industrial property, copyright or related rights, the sui generis right applicable to databases, image rights or the right to privacy (b) not to publish Content that (i) is discriminatory, abusive, defamatory or racist, indecent, (ii) is violent or pornographic in nature, (iii) constitutes an apology for crimes against humanity, a denial of genocide, an incitement to violence, racial hatred or child pornography, (iv) is likely to harm users in any way, to induce them to endanger themselves in any way, or (v) is likely by its nature to offend respect for the human person, human dignity, gender equality or the protection of children and adolescents The Customer also undertakes not to publish Content encouraging the perpetration of crimes and/or offences or encouraging the use of prohibited substances, Content containing incitement to discrimination, hatred or violence. 

The Customer is informed that storing or disseminating by any means whatsoever, on any medium, Content of a violent or pornographic nature or likely to cause serious harm to human dignity is punishable by a three year prison sentence and a fine of €75,000 when this Content is likely to be seen or observed by a minor. 

The Customer is informed that, in all these cases, Lydia Solutions will provide, upon request from a judicial authority, all the information allowing or facilitating the identification of the Customer as well as the IP addresses and connection times if still in its possession. The Customer is also informed that Lydia Solutions reserves the right to disclose to the relevant authorities any Content that is manifestly illegal.

Article 20: Services for the circulation of the Content submitted by the Customer

Some services offer the Customer the possibility to personalise the Mobile Application as well as public communication areas allowing them to upload an avatar, a profile photo and wallpaper, to participate in chatrooms, to add comments, articles, images and messages of any kind (hereinafter, collectively, the “Content”), made available in particular to other Customers. 

1 - Ownership of the Content

The Customer represents that they are the holder of the moral and property rights relating to the Content published thereby on the Mobile Application or hold the necessary authorisations for the publication of the said Content and its use by Lydia Solutions without the conditions defined in the following paragraphs of this article. 

The Customer shall not copy, reproduce or otherwise use Content relating to other Customers other than for the sole purposes of using the services for personal and private ends. 

2 - Content publication rules

The Customer shall ensure that the Content does not infringe public decency and does not constitute the reproduction of unlawful content (such as, for example, forgery, apology for crimes against humanity, incitement to racial hatred, child pornography, incitement to violence, offences against human dignity), in accordance with Article 20.3 below. The Customer undertakes not to post Content in violation of the legislation in force or likely to harm the interests or image of Lydia Solutions.

The services shall be made available to Customers in their sole capacity as private natural persons. Any advertising, of any kind whatsoever, relating to advice or the provision of services is strictly prohibited and any breach found will result in the removal of access to the service concerned.

The Customer is prohibited from harassing one or more other Customers and/or members in any way whatsoever (psychological pressure, insults, threats) and from collecting and storing personal data relating to them. The Customer defines the scope of their own private life and it is their responsibility to communicate to Lydia Solutions and other Customers and/or members only that information concerning their whose dissemination they consider cannot be detrimental thereto. 

3 - Compliance with regulations in force

The Customer undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties, and, in particular, not to falsify data, Content or documents, or data used for identification or connection to services.

4 - Reporting abuse

If the Customer finds or considers that Content is manifestly unlawful, they may report this to Lydia Solutions: 

• by email at: hello@lydia.me 
• by letter sent to: Lydia Solutions, Customer Services, 14 avenue de l’Opéra, 75001 Paris, France
• by the virtual help centre accessible through the Lydia App 

All reports of infringements must include the information described in Article 6, I, para. 5, of the LCEN law as reproduced in Article 17 of the Terms and Conditions. 

Any abusive report of Content wrongly claimed to be in breach of the law, with the sole aim of obtaining the removal of such Content, will expose the Customer to civil and/or criminal law penalties. 

Lydia Solutions therefore reserves the right to remove without notice any Content potentially published in breach of the provisions of these Terms and Conditions or that may violate the rights of a third party or Lydia Solutions.

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