GENERAL CONDITIONS OF USE (CGU) OF THE HandSome SERVICE

AS OF JANUARY 1, 2021

1. Preamble

The objective of the HandSome Service (hereinafter "the Service") is to provide its users who are adult natural persons acting for non-professional needs (hereinafter referred to as the "Users") payment account management services at the means of an innovative application (hereinafter the “HandSome Application”) and an innovative payment card (hereinafter the “HandSome Card”), within the framework of an account held by TREEZOR._cc781905-5cde -3194-bb3b-136bad5cf58d_

These general terms and conditions of use of the HandSome Service (hereinafter referred to as the "GTU") as well as (i) the tariff conditions in force (hereinafter the "Pricing Conditions"), (ii) the contract entered into with TREEZOR ( hereinafter the “TREEZOR Contract”), (iii) the insurance contract concluded with Verspieren (hereinafter the “Insurance Contract”), if applicable, and (iv) the Personal Data Protection Policy ( hereinafter the "Data Protection Policy") constitute the contract concluded with the User and whose purpose is to describe the conditions under which HandSome provides the Service.

2. Definitions

For the purposes hereof, expressions including a capital letter will have the meaning given to them below, namely:

Anomaly :

means any malfunction of the Service, no longer allowing its normal use, and the occurrence of which is not linked to the conditions under which the Service is used or to a cause dependent on the User.

TOS:

means these General Conditions of Use of the HandSome Service applicable to Users, which must be accepted prior to the use of the HandSome Application and the HandSome Card.

HandSome Card:

means a connected payment card with systematic authorization issued in the name of the User and associated with the Payment Account.

Payment account:

means the account held by TREEZOR in the User's name, denominated in euros, with which the HandSome Card is associated, allowing Payment Transactions to be carried out.

Insurance contract :

means the optional contract concluded with Verspieren, as broker of Mutuaide Assistance, insurer, allowing the User to benefit from insurance guarantees linked to the use of the HandSome Card.

TREEZOR contract:

means the payment services framework contract and its annexes, attached to these T&Cs, to be concluded between TREEZOR, HandSome and the User, the acceptance of which by the User also conditions access to the Service.

Data Protection Policy:

means the methods of collection, processing and storage of Users' personal data by HandSome in the context of the use of the Service.

Intellectual Property Rights:

means all intellectual property rights as provided for by the Intellectual Property Code and international conventions and, in particular, copyright, neighboring rights of performers and videographers, trademark law, designs and models, patents, trade names (including Internet domain names), know-how, whether registered or not.

Banking establishment :

designates any third-party banking establishment, offering subscription to the Service in the name and on behalf of HandSome, and from which the User can subscribe to the Service.

HandSome:

means HANDSOME SAS (operating under the trade name “HandSome”), a simplified joint-stock company with capital of €100, whose registered office is located at 17-21 rue Saint Fiacre – 75002 PARIS, registered in the trade and companies register under unique identification number 852 929 694 RCS PARIS.

Identifiers:

means (a) the devices allowing HandSome to authenticate the User when accessing the HandSome Application, as well as (b) the corresponding identifiers and passwords, possibly associated with a strong authentication protocol, allowing the User to connect to the Payment Account.

Payment transactions:

means any action consisting in transferring or withdrawing funds from or to the Payment Account.

Part :

means individually the User or HandSome and collectively the User and HandSome.

Service :

refers to all the functionalities made available to the User and mainly the payment services provided by TREEZOR on the HandSome Application and by means of the HandSome Card, defined in Article L.314-1-II 1°, 2°, 3°, 5°, 7° and 8° of the Monetary and Financial Code.

Company :

stands for HandSome.

TREEZOR:

means Treezor, a simplified joint-stock company with capital of €3,200,000, whose registered office is located at 41, rue de Prony - 75017 Paris, registered in the trade and companies register under number 807 465 059 RCSPARIS, acting as electronic money institution within the meaning of Article L.525-1 of the Monetary and Financial Code and approved by the Prudential Control and Resolution Authority (“ACPR”), located 4, Place de Budapest CS 92459 - 75436 Paris Cedex 09 under number 16798, approval available on the ACPR Platform in the Register of Financial Agents (REGAFI):www.regafi.fr.

User :

refers to any natural person, of legal age, not acting for professional purposes, having agreed to use the HandSome Service and having adhered to these T&Cs.

3. Purpose – Registration for the Service

The purpose of these T&Cs is to define the terms and conditions for making the HandSome Service available, as well as the conditions under which Users are authorized to use the Service in order to benefit from innovative solutions dedicated to the operation of their Payment Account. Use of the Service implies payment by the User of the fees mentioned in the Tariff Conditions in force.

The HandSome Service allows Users in particular to:

benefit from a payment card to carry out Payment Transactions, issued by TREEZOR, and having specific functionalities dedicated to people with a disability or a visual or hearing impairment;

have a mobile application, accessible on their mobile terminal, allowing them to manage their Payment Account remotely and to obtain appropriate information when carrying out their Payment Transactions, directly from the Payment Application or by means of the HandSome Card;

carry out, by means of the HandSome Application and/or the HandSome Card, Payment Transactions such as bank transfers, fund transfers, direct debits, payments from merchants, withdrawals from ATMs, all in accordance to the TREEZOR Contract, said Payment Transactions as well as the maintenance of the Payment Account being carried out by TREEZOR;

benefit from insurance guarantees provided by a third-party insurer, in the event of subscription to the Insurance Contract.

These Terms define the conditions under which HandSome grants Users a personal, non-exclusive, non-transferable, limited right to use the Service.

When creating his account, the User is invited to irrevocably accept:

these T&Cs;
the Tariff Conditions;
the TREEZOR Contract;
the Data Protection Policy; And
where applicable, the Insurance Contract.

The contractual documents (i) to (iv) or (i) to (v) above together form the contract concluded with the User, who undertakes to comply with all of the terms and conditions thereof.

When registering, the User is invited to:

fill in all the personal information concerning him,
provide copies of their official identity documents (CNI, passport, residence permit), proof of address less than three (3) months old and the details of a bank or payment account, opened in the books of a third-party payment service provider, etc.

These documents and information are required to allow the opening of the Payment Account, the issuance of the HandSome Card and the fulfillment by HandSome, by TREEZOR and by their partners of their legal and regulatory obligations, as well as their obligations in terms of fight against money laundering and the financing of terrorism.

The User is prohibited from communicating to HandSome false, incomplete, erroneous information or incomplete, falsified, third-party or obsolete documents.

When the aforementioned information and documents have been communicated by the User, HandSome submits them to TREEZOR, which ensures their compliance. HandSome reserves the right to request, at its request or at the request of TREEZOR, the production by the User of any additional information or documents.

In any event, HandSome reserves the right to refuse access to the Service, in particular in the following cases:

in the event of communication of incomplete, false or erroneous information by the User,
in the event of communication of incomplete, falsified, poor quality or inappropriate documents by the User,
in the event that the User is the subject of a banking prohibition report to the Central Check File (FCC) of the Banque de France or a payment incident to the National File of Credit Reimbursement Incidents to Individuals (FICP),
in the event that the User already has a Payment Account opened through HandSome.

HandSome also reserves the right to refuse access to the Service at its discretion, without having to justify any reason.

After validation of the information and documents communicated by the User, the contractual documents (i) to (iv) or (i) to (v), as the case may be, are generated by HandSome in electronic form and signed by the User by means of an electronic signature (if the User's terminal allows it) or in paper form otherwise.

After signing the contractual documents, the User receives by e-mail a confirmation of their signature, containing a copy of the contractual documents on a durable medium.

The above operations can also be carried out by any HandSome partner banking establishment, with which the User subscribes to the Service.

4. Duration, entry into force – Closing

Any use of the HandSome Service implies the User's unreserved acceptance of these T&Cs. These Terms come into force from their acceptance by the User, when registering on the HandSome Application.

They remain in force for the entire duration of the use of the Service by the User, as long as new T&Cs do not replace them.

The User can read the T&Cs, download them and print them from a link provided to them within the HandSome Application. When registering on the HandSome Application, they are sent to him on a durable medium by email. Also, the TOS can be viewed later at https://api.howtobehandsome.fr/conditions-generales

HandSome reserves the right to make any changes to these T&Cs that it deems useful and necessary, in particular in consideration of any legal, jurisprudential or technical developments. HandSome also reserves the right to make to the Pricing Conditions, at any time and at least once a year, any changes it deems necessary.

In the event of modification of the T&Cs and/or the Pricing Conditions, the User will be informed by e-mail of the new T&Cs and their date of entry into force at least one (1) month in advance. On the date of entry into force of the new T&Cs, the User will be invited to confirm his agreement to the new T&Cs by accepting them the next time he connects to the HandSome Application.

If the User refuses the new T&Cs and/or the new Pricing Conditions, he may freely terminate his access to the HandSome Application by requesting the closure of his Payment Account at the addresscontact@howtobehandsome.com. This closure of the Payment Account will be subject to a minimum notice of fifteen (15) working days.

HandSome may also, at its sole discretion and in particular in the event of non-compliance by the User with all or part of these T&Cs, or in the event of non-payment of the costs relating to the Service, decide to suspend or terminate these T&Cs. subject to a minimum notice of fifteen (15) working days.

5. Third Party Services

The User's attention is drawn to the fact that:

the Payment Transactions and the maintenance of the Payment Account are carried out by TREEZOR, under the TREEZOR Contract and its annexes, concluded with the User when opening the Payment Account, which the latter undertakes to fully respect ;
the insurance and guarantee conditions, when they have been taken out by the User, are provided by Verspieren, as broker of Mutuaide Assistance, in accordance with the Insurance Contract entered into with the User at the time of the opening of the Payment account, which the latter undertakes to respect in full.

6. Support

Support services are available on working days, Monday to Friday, from 9 a.m. to 6 p.m. at the following coordinates:

by e-mail :contact@howtobehandsome.com ;
by phone: 0756855904

7. Price of Services

The prices of the Services are permanently available and can be consulted at any time on https://www.howtobehandsome.fr/tarifs/. Unless otherwise stated, they are expressed in Euros, including tax.

7.01 Price review

The prices of the Services may be revised by HandSome. Customers will be informed at least one month before the date of entry into force of the new rates.

Once in effect, the new prices apply upon renewal of the subscription.

Customers who do not accept the new prices may terminate their subscription by sending a registered letter to HandSome stipulating the request for termination following the new prices.

Otherwise, they will be deemed to have accepted them.

7.02 Invoicing and payment

The fees for the Services are deducted monthly on the first business day of the month from the Account Holder's Payment Account.

8. Access and Security

Access to the Service is granted on a personal and non-exclusive basis to the User, who is strictly prohibited from allowing any third party to access the Service, in his name and on his behalf, in any way whatsoever.

The User's attention is drawn to the need to use a secure terminal to access the Service, favoring the implementation of several authentication devices with a sufficient level of security. Under no circumstances can HandSome be held liable in the event of damage resulting from the use of the Service on an unsecured or insufficiently secured terminal.

The User's attention is also drawn to the risks inherent in telecommunications networks, and in particular to the possibility for malicious third parties to intercept communications on unsecured wireless networks. In this respect, it is up to the User to ensure, before using the Service, that his terminal is connected to a secure network.

The User's attention is drawn to the protection of his Identifiers, which are personal and must under no circumstances be disclosed to third parties. When connecting to the HandSome Application, the User is authenticated using his Identifiers in accordance with Article L.133-44 I 1° of the Monetary and Financial Code. Any Payment Transaction carried out using the User's Identifiers is deemed, until proven otherwise, to have been carried out on the User's instructions. Consequently, these must remain unique, personal and strictly confidential and must be modified at regular intervals to ensure their security.

Finally, the User's attention is drawn to the fact that certain third-party applications, documents or files may contain viruses or malicious codes whose role is to intercept communications made on the User's terminal. Therefore, it is up to the User to take care not to download applications, documents or files from unknown sources, to install an antivirus on his terminal and to check the latter at regular intervals. In any case, the User undertakes to take all appropriate measures to protect his terminal from unauthorized intrusions, acts of destruction or alteration, possible contamination by viruses, Trojan horses threatening the integrity or confidentiality or likely to cause security breaches on his terminal.

HandSome cannot be held liable in the event of fraudulent access to the Service by any third party whatsoever.

In the event of loss or theft of Identifiers, or attempted intrusion into the HandSome Application, or loss or theft of the HandSome Card, or suspicion of a fraudulent Payment Transaction, the User undertakes to inform HandSome immediately and without delay. In such a situation, HandSome reserves the right to suspend or permanently block all access to the Service.

8. Service Availability - Maintenance

Access to the HandSome Service is via a mobile terminal (Apple) connected to the Internet. It is up to the User to ensure the technical prerequisites (terminal having an Internet connection to the minimum 3G network, equipped with iOS version [___] or higher and having Bluetooth connectivity [___] or higher) necessary for optimal use of the Service. The cost of accessing and browsing the Service remains the sole responsibility of the User, who accepts it. In any case, the User remains solely responsible for the proper functioning of his terminal.

Access to the Service requires the prior downloading and installation of the HandSome mobile application available on the Apple App Store, as well as the creation of a user account using the email address of the User and creating a password. The creation of the account is subject to a verification procedure by sending an e-mail to the address provided by the User. The User may, if he wishes, use the TouchID and/or FaceID identification features available on his mobile terminal. These identification devices are not managed by HandSome and their use remains the responsibility of the User.

HandSome reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the Service, in particular for maintenance and upgrade operations necessary for the proper functioning of the Service and related equipment. , or for any other reason, in particular relating to an unforeseeable breakdown, whatever the cause, without the User having recourse against HandSome.

To the extent possible, HandSome endeavors to notify Users of planned interruptions or shutdowns affecting the HandSome Service at least twenty-four (24) hours in advance. On the other hand, HandSome cannot be held liable in the event of Anomalies likely to occur and prevent the completion of a Payment Transaction by the User.

9. Personal data

HandSome respects the right to respect for the privacy of Users whose personal data it is required to collect and process. HandSome complies with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (GDPR) and the provisions of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms.

HandSome, in strict compliance with the law and regulations in force, must collect certain personal information for the proper functioning of the HandSome Service. This information is collected in accordance with the provisions of the Data Protection Policy.

10. Liability

As a preliminary point, it is recalled that HandSome does not carry out any banking transaction or financial investment consulting activity, and that Payment Transactions carried out on behalf of the User, such as Payment Account maintenance transactions, are operated by TREEZOR.

The User undertakes to use the Service only in accordance with the stipulations of these T&Cs which he has expressly accepted. He remains solely responsible for his use of the Service and undertakes in particular not to commit any act likely to jeopardize the computer security of HandSome and/or any third party. Consequently, in the event of non-compliant or illicit use of the Service, the User will be solely responsible for the damage caused to third parties and the consequences of the claims or actions that may result therefrom.

HandSome does not offer any guarantee of continuity of the Service insofar as it is only bound by an obligation of means. As such, HandSome does not guarantee error-free and uninterrupted operation of the Service, the Service being provided “as is”. HandSome undertakes, however, to correct the Anomalies noted as soon as possible after their report by the User to Customer Service at the following address:contact@howtobehandsome.com.

HandSome may modify the content and features of the Service without notice, without this incurring its liability. In addition, its liability cannot be sought or retained in the event of temporary or total unavailability of all or part of the Service, a difficulty related to the response time or, more generally, any lack of performance. Under no circumstances can HandSome be held responsible for (i) interruptions, slowness and inaccessibility due to the Internet network or any other problem affecting transmissions on telecommunications networks and disrupting the use of the User's terminal, (ii ) the lack of updating of the operating system of the User's terminal and/or the HandSome Application on the User's terminal, (iii) the unavailability of the Service due to a case of force majeure or a planned interruption for maintenance operations, (iv) non-compliant use of the Service by the User, (v) any Anomaly resulting from a technical failure of the User's terminal or the Internet network, or (vi) non-compliant or fraudulent use of the Service by a third party (in particular in the event of fraudulent intrusion and/or maintenance, illicit extraction of data, or circumvention of the security measures present on HandSome Application).

The HandSome Service contains hypertext links to the websites of partners or third parties. These are not under the control of HandSome, which cannot be held responsible for the availability of these external sources and the content of these linked sites. HandSome provides these links as a convenience, which does not imply any affiliation, sponsorship or recommendation of such sites. Consequently, HandSome cannot be held liable in the event of proven or alleged damage resulting from the consultation of external sites and sources by the User.

The use of the HandSome Service will be done in all circumstances under the full responsibility of the Users. HandSome can in no way be held responsible for any indirect or consequential damage to the use of the Service, in particular, without this list being exhaustive:

- any loss of profits and/or turnover,

- any loss or corruption of data or data recovery,

- any loss of customers,

- any breach of security resulting from the failure of a third-party communication service and/or the Internet network.

11. Intellectual Property

HandSome is the exclusive holder of all the rights attached to the Service and its content, namely, without this list being exhaustive, the texts, logos, information, analyses, images, photographs, graphic charter, sound elements, software, icons, layout, database, videos, source codes or any other data presented on the Service. HandSome is the owner ab initio or has regularly acquired the exploitation rights, in particular under copyright, design and model law, database law and trademark law, of the constituent elements of the Service.

These T&Cs grant the User a right to use the Service, which cannot be construed as the transfer of an Intellectual Property Right to the Service, its structure and its content, which remain the full and entire property of HandSome. The provision of the HandSome Service under the conditions provided for herein cannot be analyzed as a transfer of ownership for the benefit of the User.

Consequently, the User is prohibited from any action and any act likely to directly or indirectly infringe the Intellectual Property Rights held by HandSome on the Service, its structure and its content as well as, in general, on the brands associated. As such, any copy, distribution, reproduction and/or total or partial representation of the Service without the express authorization of HandSome would constitute an infringement of its Intellectual Property Rights, liable to incur civil and/or criminal liability. of its author.

All company names, trademarks and other professional characteristics present on the Service are the property of HandSome or a third party, and may be used only with the prior authorization of HandSome or its licensor. right concerned.

12. Force majeure

In the event of the occurrence of a case of force majeure, as defined by the provisions of article 1218 of the Civil Code and/or recognized by French case law, the obligations imposed on the Party concerned under these T&Cs will be suspended.

The Party invoking the occurrence of a case of force majeure undertakes to inform the other, by any means at its disposal and as soon as possible, specifying the nature of the event concerned, its foreseeable duration as well as obligations whose performance is suspended. If the case of force majeure involves a suspension of the obligations of the Party concerned for a period of more than ninety (90) days, these T&Cs may be terminated automatically by the other Party, without compensation on either side. else.

13. Notifications - Proof

Any notification or correspondence will be validly made in writing and if necessary, by registered letter with request for acknowledgment of receipt, addressed to the Parties at the following addresses:

for HandSome: at the address of its registered office;
for the User: at the address declared within the HandSome Application.

In accordance with the provisions of article 1356 of the Civil Code, the files, data, messages and computerized registers kept in the computer systems of HandSome will be accepted as proof of the exchanges that have taken place between the Parties on the HandSome Application, insofar as the said data will be kept under conditions that guarantee their integrity.

The User's instructions entered on the HandSome Application may be recorded, which the User expressly acknowledges. The Parties expressly agree that the electronic records made by HandSome will constitute proof of said entries and instructions.

14. Survival

Any provision of these TOS that is deemed to take effect or continue upon termination or expiration of these TOS shall survive termination or expiration between the Parties.

15. Entirety

These T&Cs as well as the TREEZOR Contract and the Data Protection Policy express the entire agreement between the Parties. They cancel and replace any written or oral agreement, letter or other prior document, exchanged between the Parties, having the same purpose.

16. Non-waiver

The fact, by one of the Parties, of not exercising any of the rights granted to it under these T&Cs cannot be considered as a definitive waiver of the exercise of said right.

17. Nullity

The nullity, in whole or in part, of any of the provisions of these T&Cs under the terms of a legal or regulatory provision, or of a court decision that has become final, does not entail the nullity of the other provisions or of the part of the provision not vitiated by nullity. These will be replaced by other valid stipulations which, in view of their scope, will come as close as possible to the stipulations declared void.

18. Governing Law, Mediation and Jurisdiction

These T&Cs are governed by French law. This is the case for the rules of substance and the rules of form, notwithstanding the places of performance of the substantial or accessory obligations related to the use of the Service.

Any dispute relating to the interpretation or execution of the T&Cs, or the use of the Service, must first be the subject of a complaint to HandSome's customer service at the addresscontact@howtobehandsome.com.

In the absence of a response from customer service within fifteen (15) working days of receipt of the complaint, and in the absence of a request for an additional period made by HandSome within this period, the User may enter free of charge and without prejudice to the possible referral to a competent court, the mediator with the French Association of Financial Companies, by simple mail, to the following address:

Madam/Mister the Mediator of the ASF

Association ASF

24, avenue de la Grande Armee

75 854 PARIS

The mediator has a period of two (2) months to deliver his opinion, which is not binding on the Parties.

IN THE EVENT OF DIFFICULTIES RELATING TO THE CONCLUSION, THE INTERPRETATION, THE EXECUTION OR THE TERMINATION OF THE TOS AND AFTER IMPLEMENTATION OF THE ABOVE-MENTIONED COMPLAINT PROCEDURE, THE DISPUTE WILL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEALS IN WARRANTY, EVEN FOR EMERGENCY PROCEDURES OR PRESERVATIVE PROCEDURES.

19. Legal notices

The HandSome Service is published and operated by HANDSOME SAS (operating under the trade name “HandSome”), a simplified joint-stock company with capital of €100, whose registered office is located at 17-21 rue Saint Fiacre – 75002 Paris, registered in the trade and companies under the unique identification number 852 929 694 RCS PARIS.

• Contact :contact@howtobehandsome.com,

• telephone: 0756855904

• Publication manager:

Julien Delamorte
Jean-Philippe Gautier

• VAT number: FR01852929694

• Host: Amazon Web Services (AWS)