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Terms and Conditions of Use and Service

Last updated: [DD/MM/YYYY]

Please read these Terms carefully. They govern the use of the Website and the services provided by Diversicap.

1. Who is Diversicap?

These Terms and Conditions (the "Terms") are entered into between:

Diversicap SAS, a French simplified joint-stock company (SAS) with a share capital of €1,000, registered with the Trade and Companies Register of Paris under number [TODO: RCS number], whose registered office is located at 21 rue Monsieur, 75007 Paris, France, publishing the website [https://www.diversicap.com] (the "Website"), hereinafter referred to as "Diversicap", "we", "us" or "our",

and any individual or legal entity using the Website or our services, hereinafter referred to as the "User" or "Investor" or "you".

You can contact us at:

  • Email: [contact@diversicap.com]
  • Phone: [+33 …]
  • Postal address: 21 rue Monsieur, 75007 Paris, France

Regulatory status: Diversicap acts as a "Conseiller en Investissements Financiers" (CIF – Investment Advisory Firm), registered with the French ORIAS under number xyz, and is a member of ANACOFI, an association approved by the French Financial Markets Authority (AMF).

2. Definitions

In these Terms, the following words shall have the meanings set out below:

Account: the personal, secure space created on the Website by the User, allowing access to the Services.

Dashboard: the interface enabling the Investor to view investments, performance reports and transaction history.

Opportunity: any investment opportunity presented on the Website (e.g. private equity funds, hedge funds, other alternative investment vehicles).

Minimum Commitment: the minimum investment amount required for a given Opportunity, as indicated on the relevant product page.

Third-Party Service Providers: external service providers involved in the provision of the Services (payment services, KYC, electronic signature, etc.).

Services: all services provided via the Website as described in section 3 below.

Suitability Questionnaire: the questionnaire used to assess the Investor's profile, investment objectives, knowledge and risk tolerance.

3. What does Diversicap provide?

Diversicap provides an investment platform allowing individual or professional investors to access opportunities that are typically reserved for institutional investors (for example, private equity funds or hedge funds), starting from relatively low minimum subscription amounts.

The Services may include in particular:

  • providing an online Account and Dashboard;
  • displaying and describing investment Opportunities and their documentation;
  • collecting and transmitting investment instructions;
  • coordinating with Third-Party Service Providers (payment, KYC, electronic signature, etc.);
  • providing tools for monitoring investments and accessing reports.

The information available on the Website is provided for general information purposes only and does not, in itself, constitute personalised investment advice or a tailored recommendation.

4. Purpose and Acceptance of the Terms

These Terms are intended to define:

  • the conditions for accessing and using the Website and the Services; and
  • the respective rights and obligations of Diversicap and the Users.

By creating an Account, ticking the appropriate box or using the Services, you acknowledge that you have read and accept these Terms. If you do not accept all of the Terms, you may not access or use the Services.

5. Third-Party Service Providers

Certain Services (in particular payment processing, opening of payment accounts, KYC procedures and electronic signature) are provided by Third-Party Service Providers, such as for example:

  • [Lemonway] – payment service provider;
  • [Yousign] – electronic signature provider;
  • [Other providers – to be specified].

You enter into a direct contractual relationship with these providers by accepting their respective terms and conditions via the Website. Refusal or termination of your relationship with a Third-Party Service Provider may prevent you from using all or part of Diversicap's Services.

6. Conditions for Accessing the Services & Risk Warning

To use the Services, you represent and warrant that:

  • you are at least 18 years old and have full legal capacity;
  • you act on your own behalf or, where applicable, on behalf of a legal entity that you duly represent;
  • you have read and understood the characteristics of the Services and the risks inherent in the investments offered.

Important warning: Any investment involves the risk of partial or total loss of the capital invested, illiquidity risk and uncertainty as to future returns. These investments should be considered as long-term investments and must be consistent with your overall financial situation and objectives.

7. Account Creation and Investment Process

To access the Services, you must in particular:

1

create an Account by providing a valid email address and a secure password;

2

confirm your email address and secure your access;

3

complete the Suitability Questionnaire and provide required KYC documents;

4

accept these Terms and the terms of the relevant Third-Party Service Providers;

5

where applicable, electronically sign the contractual documentation relating to an Opportunity; and

6

make the corresponding payments via the accepted payment methods.

8. Term and Termination

The Services are provided for an indefinite period as from the creation of your Account, until your Account is closed or the Services are terminated in accordance with these Terms.

You may request the closure of your Account at any time by contacting us at [contact@diversicap.com], subject to the performance of any ongoing obligations (such as investments still in progress or outstanding payment obligations).

9. Your Obligations

You agree in particular to:

  • provide accurate, complete and up-to-date information;
  • not impersonate any third party;
  • keep your login details and password strictly confidential;
  • not use the Website for illegal, fraudulent or abusive purposes;
  • not use the Website in connection with money laundering, terrorist financing or any other criminal activity.

10. Diversicap's Liability

Diversicap is subject to an obligation of means in providing the Services. We do not guarantee that the Website will be available on a continuous and uninterrupted basis, as it may be suspended for maintenance, updates or technical reasons.

To the extent permitted by law, our liability is limited to proven, direct and foreseeable losses resulting from a breach of our contractual obligations. Under no circumstances shall we be liable for indirect or consequential losses, such as loss of opportunity, loss of profit or loss of business.

11. Personal Data

In the context of providing the Services, Diversicap processes personal data about you. For more information about how we process your data, please read our Privacy Policy.

12. Governing Law and Dispute Resolution

These Terms are governed by French law. In the event of a dispute, the parties shall endeavour to reach an amicable settlement. Failing such settlement within [2] months from the first written notification, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of Paris, France, subject to any mandatory provisions to the contrary that may apply to consumer Users.

Disclaimer: This version of the Terms is a working model based on your instructions. It must be adapted and validated by a qualified legal advisor before being used in production.