General Conditions of Use and Sale (ToS) / March 30, 2021

These General Conditions of Use and Sale (GCU/GTC) were last updated on March 30, 2021 and apply to all members who have accepted their terms as of that date.
The purpose of these General Terms and Conditions of Use and Sale (hereinafter “ToS”) is to define the rights and obligations related to the provision, use and/or access to the services offered by the Nokenchain community, including, but not limited to, trading bots/pools and similar, discussions on cryptocurrencies and external tools related to this ecosystem.
They form all the documents to which they refer, a contract (hereinafter the “Contract”) concluded between THUILLET-NOKENCHAIN, a a self-employed business under French law, administratively domiciled at BP 1, 88 rue d’Eaubonne, 95100 ARGENTEUIL, FRANCE, SIREN 451 361 315 (hereinafter referred to as “Nokenchain” or “Nokenchain community”), and any natural or legal person, consumer or professional, governed by private or public law, creating a user account on the Nokenchain community website (hereinafter referred to as the “User “). The User and the Nokenchain community being individually or jointly referred to as the “Party(ies)”.
Member: Any natural or legal person who has created an account on nokenchain.net
Services: All tools, features, and discussions accessible via the platform.
Parties: Collectively, the Nokenchain community and the User.
Nature of services and absence of performance guarantee
By accepting these T&Cs, the Member acknowledges that the Nokenchain community only guarantees a financial return of 0.01%/annualized on trading bots/pools and similar, and agrees to comply with the terms and conditions set out in this Agreement. He also acknowledges that each Member is responsible for his decisions. It is reminded that investments in cryptocurrencies, as well as the use of trading bots and similar, involve high risks of partial or total loss of the invested capital, accepted by the Member who decides to join the Nokenchain community. Past results are not indicative of future performance.
Access to the platform
Nokenchain is a private platform, exclusively accessible to Members who have created a Member Account before January 1, 2023 (limited number of Members). After this date, access to the platform is closed to all new registrations. The platform will not pursue any recruitment efforts for new Members and does not plan to reopen registrations.
Consequently, the Nokenchain community services are reserved for Members registered before January 1, 2023 (any departure after this date will be final), and they are required to comply with the rules and commitments stipulated in these Terms and Conditions.
The Nokenchain community does not plan to engage in any advertising or promotional activities outside the community after January 1, 2023.

ARTICLE 1 : ORDERING SERVICES

1.1 Member Account

To order Nokenchain Community Services, the Member must have a valid member account (hereinafter the “Account” or “Member Account”).
The Member creates their MEMBER Account online on the Nokenchain Community Website. The Member provides all required information (including email address, identity, contact details, telephone number, etc.) and undertakes to ensure that all information provided is accurate and up-to-date throughout the term of the Agreement. When the Member Account is created and used by a person acting in the name and on behalf of the Member, the person represents and warrants to the Nokenchain Community that they have the necessary authority and capacity to represent and bind the Member under the terms and conditions set forth in the Agreement.

1.2 Verification and activation of the Member Account

Before activating the Member Account, as well as at any time during the Contract, the Nokenchain community reserves the right to verify the accuracy of the information provided by or on behalf of the Member and to request supporting documents from the User.
The Nokenchain community reserves the right to refuse to activate or deactivate the Member Account in the event of incomplete, incorrect, or fraudulent information.

1.3 Orders

Once their Member Account has been activated by the Nokenchain community, the Member may order Services. Depending on the Services, Orders may be placed directly from the Member Management Interface and/or, where applicable, using the APIs provided by the Nokenchain community.
The Member is solely responsible for managing their Member Account and the associated authentication methods (such as usernames, passwords, etc.). Any Order for Services placed from the Member Account is deemed to have been placed by the Member and is binding on the Member.
The terms and timeframes for the provision of Services vary depending on the Service ordered. Services are made available only after the Nokenchain community has received payment from the Member. It is the Member’s responsibility to ensure that the terms and conditions for the provision of the Services ordered meet their needs.

ARTICLE 2 : SERVICES

2.1 Applicable Terms of Service

The provision and use of the Services are governed by these General Terms of Service/Use, the Specific Terms of Service applicable to the Services in question, any other terms and conditions referred to in these General Terms and Conditions and Specific Terms, such as, in particular, the Third-Party Product Terms, as well as all information provided to the Member when placing the Order (the “Terms of Service”).
The use of Third-Party Products (such as software, systems, applications, etc.) made available by the Nokenchain community as part of the Services may be subject to specific terms and conditions of use (the “Third-Party Product Terms”).
The Specific Terms of Service and the Third-Party Product Terms supplement these General Terms of Service/Use. In the event of any conflict, the Specific Terms of Service and these General Terms shall prevail over the Third-Party Product Terms. All applicable Terms of Service/Use are referenced and available on the Nokenchain Community Website or upon request from Nokenchain Support. Terms of Service/Use may vary depending on the country in which the Services are located.

2.2 Information relating to the Services

The Nokenchain community provides the Member with online resources on the Nokenchain community website, allowing the Member to learn about and understand the features of the Services offered. These resources may include (a) information regarding the various features, configurations, options, and product ranges available, and (b) documentation, technical guides, or examples (“use cases”) of using the Services to better understand and use the Services. The Member may obtain additional information regarding the Services by contacting Nokenchain Support under the conditions set out in the “Nokenchain Support” section below.
When the Nokenchain community offers Services that comply with recognized standards or specific regulations applicable to certain activities, the Nokenchain community communicates its scope of responsibility as well as the conditions under which the Nokenchain community complies with said standards or regulations.

2.3 Commitments and obligations of the Nokenchain community

The Nokenchain community undertakes to take all necessary care and diligence to provide quality Services, in accordance with the characteristics, terms and levels of Services provided for in the Contract. In particular, the Nokenchain community undertakes to have, as far as possible, a competent team in charge of Member assistance and Incident management (the “Nokenchain Support”), and to ensure the availability and security of the Services in accordance with the applicable terms and performance levels. The Nokenchain community is subject to an obligation of means.

2.4 Subcontracting

Subject to the conditions set out in the article “Location and Data Transfers” below, the Nokenchain community is authorized to subcontract all or part of the services assigned to it under this Agreement to its Affiliated Companies. The Nokenchain community may freely use, in the execution of this Agreement, third parties (such as energy suppliers, network providers, network connection point or colocation data center managers, hardware, software or other suppliers, carriers, technical service providers, security), without having to inform the Member or seek their prior consent. However, unless otherwise provided in the Special Conditions in force or specific agreement of the Member, no service involving access to the Content stored by the Member as part of the Services is subcontracted outside the Nokenchain community. Members of the Nokenchain community are informed that part of the services may be provided by external subcontractors. In the event of a blockage or dispute caused by a subcontractor, the Nokenchain community will take all reasonable steps to resolve the issue as quickly as possible. However, the Nokenchain community cannot be held responsible for the actions of subcontractors that are beyond its direct control.

ARTICLE 3 : CONDITIONS OF USE OF THE SERVICES

3.1 Compliance with the Terms of Service

The Member agrees to order and use the Services in accordance with the Terms of Service/Use in force. The Services must be used with due care. The Member undertakes in particular to read and comply with these General Terms of Service/Use, the Specific Terms of Service and the applicable Third Party Product Conditions, as well as all information communicated to the Member at the time of the Order. When using the Services on behalf of third parties, or authorizing third parties to use the Services, the Member undertakes to communicate to them the terms in force and guarantees that said terms are respected.

3.2 Choice of Services

Before ordering and using Services, the Member undertakes to read all applicable Terms of Service/Use (including the Special Terms and Conditions and Third-Party Product Terms) and to review all available documentation, configurations, options, and service offerings in order to select Services and features that meet their needs and those of third parties by or on behalf of whom the Services are used.
The Member shall ensure, in particular, that the Services comply with the legal and regulatory requirements applicable to the activities carried out in connection with the use of the Services. To obtain information regarding the Services, the Member may contact Nokenchain Support under the conditions set out in the “Nokenchain Support” section below. The operating conditions and features of the Services may change during the Contract. It is the Member’s responsibility to monitor these changes, particularly with each new Order.

3.3 Connection

To use the Services, the Member must have, at his own expense and under his own responsibility, a remote connection (such as the Internet or private network). The Member is informed that the Internet network presents technical hazards and security risks external to the technical means implemented by the Nokenchain community within the framework of the Services. The Nokenchain community is not responsible for failures of Internet access providers or other third-party data transport network operators (in particular unreliability of connection lines, fluctuation of bandwidth, interruptions, etc.), including the consequences of such failures, in particular when they result in unavailability and/or discontinuity of the Services.

3.4 Means of authentication

The Member is responsible for the management and confidentiality of his/her authentication means, necessary to connect and use the Services. The Member ensures in particular that he/she is aware of and complies with the rules for preserving the confidentiality of his/her authentication means. The Member alone bears the consequences that may result from the loss, disclosure, or fraudulent or illicit use of the authentication means provided to Members, the liability of the Nokenchain community cannot be engaged in this regard under any circumstances. The Member undertakes to inform the Nokenchain community without delay of any possible loss or disclosure of the authentication means, and to immediately renew said authentication means.

3.5 Contents

Subject to the elements made available by the Nokenchain community, the Nokenchain community does not intervene in the management of information, data, files, systems, applications, websites and other elements reproduced, hosted, collected, stored, transmitted, disseminated, published, and more generally used and/or exploited by the Member within the framework of the Services (the “Content”) and is prohibited from accessing said Content for purposes other than for the purposes of performing the Services. In particular, the Nokenchain community does not carry out any control, validation or update of said Content. Similarly, the Nokenchain community does not carry out any specific backup of the Content stored within the framework of the Services. It is therefore the Member’s responsibility to take all necessary measures to safeguard their Content in order to protect themselves against the risks of loss or deterioration, whatever the cause. The Content must be lawful and be used in accordance with the rules and laws and regulations in force. Any use of illicit Content (for example, dissemination, publication, storage or transmission of Content of a child pornography nature, Content that advocates or incites the commission of crimes against humanity, acts of terrorism, pedophilia, anti-Semitism, racism or other acts, or Content that incites hatred towards people based on their sex, religion, sexual orientation or identity or disability) or illicit or abusive use of Content (for example, fraudulent use of content or use of Content in violation of rights belonging to third parties such as personality rights, copyrights, patents or trademarks or other intellectual property rights) within the framework of the Services is prohibited and may give rise, at the discretion of the Nokenchain community, to the immediate suspension of all or part of the Services provided in execution of the Contract, to the deactivation of the Member’s Account and/or to the termination of the Contract due to the Member’s fault, without prejudice to legal proceedings and claims for compensation. that the Nokenchain community reserves the right to make.

3.6 Compliance with laws, regulations and ethical rules

The Services must be used reasonably and in compliance with applicable legal and regulatory provisions.
Prohibited, but not limited to, are (a) abusive or fraudulent use of the Services and resources made available to the Member, including uses that may jeopardize the stability and security of the Nokenchain community’s systems or that may lead to a degradation of the performance of the Services provided to other Members of the Nokenchain community; (b) intrusion or attempted intrusion activities from the Services (including, but not limited to, port scans, sniffing, spoofing, and more generally, outbound attacks from the resources made available by the Nokenchain community); (c) any use or attempted use of SPAM or any other technique similar to “spamming,” and (d) use of illicit or prohibited Content as provided for in paragraph 3.5 “Content” above. The General Terms and Conditions of Sale specific to each product supplement these General Terms and Conditions. In the event of any inconsistency, the provisions of these General Terms and Conditions shall prevail, unless otherwise agreed in writing.

3.7 Suspension of Services

The Nokenchain community reserves the right to suspend all or part of the Services, in the event of (a) a proven risk to the stability and/or security of the Nokenchain community’s systems and environments (examples: cyberattack, force majeure, data breach, etc.), the Services and/or the Member’s data, (b) planned maintenance, (c) a request from a competent administrative or judicial authority, (d) notification from a third party within the meaning of Article 6 of the Law for Confidence in the Digital Economy (“LCEN”) or (e) non-compliance with all or part of the conditions of use of the Services provided for in the Contract. Such suspension may occur immediately and without notice in cases of emergency or necessity, and in particular in the cases described in points (a), (c) and (d) above, as well as in the event of illicit or fraudulent use of the Services, or use made in violation of the rights of a third party, and more generally, any use on the basis of which the liability of the Nokenchain community would be called into question.
To the extent possible, and subject to cases of judicial and administrative requisitions and non-compliance with these conditions of use of the Services, the Nokenchain community shall ensure that the impact of the suspension on the normal operation of the Services is limited. The aforementioned suspensions do not in any way relieve the Member of its obligation to pay the full amounts owed to the Nokenchain community under the Contract, without prejudice to the possibility for the Member to hold the Nokenchain community liable under the conditions set out in the “Liability” article below in the event that such suspensions result from a failure by the Nokenchain community to fulfill its obligations. In the event that they result from a failure by the Member to fulfill its obligations, the aforementioned suspensions are without prejudice to the right of the Nokenchain community to terminate the Contract under the conditions set out in the “Termination for failure” article below and to seek compensation for the damage suffered. Subject to cases of termination or non-renewal of the Services, suspensions of Services do not result in the deletion of the Member’s data.

3.8 Evolution of the Services

The Nokenchain community may modify the Services at any time and by right, including adding, modifying, or removing ranges, options, or features, and upgrading their performance. The Services are described online on the Nokenchain community website. It is the Member’s responsibility to be vigilant regarding Service updates, which are immediately applicable to all new or existing Orders. The Nokenchain community may hold the Member liable in the event of a lack of vigilance and project monitoring.
The Nokenchain community may hold the Member liable in the event of obvious negligence in project monitoring, particularly when the Member fails to respond to essential communications or does not comply with the recommendations specified by the community. Before taking any action, the community undertakes to inform the Member and provide them with a reasonable period of time to rectify the situation.
Regarding their Services currently in use, the Member may be informed by email, after contacting the Nokenchain community, of any substantial changes likely to degrade said Services. It is therefore the Member’s responsibility to contact the Nokenchain community to have access to the latest information concerning its development and any changes to its operation. However, changes to Third Party Products and emergency cases (such as security risks, legal or regulatory compliance, force majeure, etc.) may result in immediate changes to Services. Subject to the article “Conditions specific to Consumers”, in the event of a change degrading a Service in use (withdrawal of functionality, reduction in performance, etc.), the Member may terminate said Service by email, within thirty (30) days of the implementation of the change.

3.9 Intellectual Property. Rights of use

All elements (software, infrastructure, documentation, etc.) made available to the Member by the Nokenchain community as part of the Services and the execution of the Contract remain the exclusive property of the Nokenchain community or third parties who have granted it the right to use them. The Nokenchain community grants the Member the right to use said elements made available to it, only under the applicable conditions and for the duration of this Contract. Subject to the aforementioned elements, made available to the Member by the Nokenchain community as part of the Services, the Member remains solely responsible for acquiring all authorizations and rights to use the elements and Content (such as data, software, applications, systems, websites, etc.) that it uses and exploits as part of the Services. Members remain the owners of their Content, and the Nokenchain community is prohibited from using it for purposes other than those provided for in the Contract. Subject to the legal provisions of public order in force, the Member is not authorized to decompile the software, codes and algorithms used within the framework of the Services, in particular for reverse engineering purposes.

3.10 Export Control

Subject to the restrictions of use (a) provided for in the Terms of Service/Use in force or (b) specific to the Member’s activities, the Nokenchain community ensures that the Services can be marketed, within the time indicated in the preamble, and used within the European Union and in the countries in which the Data Centers used to provide the Services are located. If the Member uses the Services or authorizes third parties to use the Services from a geographical area outside the country in which the said Data Centers are located, it is the Member’s responsibility to verify that such use is not subject to any restrictions under applicable legislation or regulations, and in particular with regard to Council Regulation EC No. 428/2009 of 5 May 2009 establishing a Community regime for the control of exports, transfer, brokering and transit of dual-use items, as well as regulations of the United States of America, such as EAR (Export Administration Regulations) and ITAR (International Traffic In Arms Regulations), the Nokenchain community marketing third-party solutions provided by publishers subject to the regulations of the United States of America. The Nokenchain community reserves the right to refuse orders placed (a) from countries subject to trade restrictions or other sanctions, or (b) by nationals of such countries or persons subject to sanctions.

3.11 Third Party Products

Subject to any specific commitments that may be made under the applicable Specific Terms of Service, (a) the Nokenchain community is not responsible for the Third Party Products made available as part of the Services, which may include technical errors, security flaws, incompatibilities, or instabilities, and provides no warranty regarding the Third Party Products made available as part of the Services (including any information and elements associated therewith, such as software, systems, applications, etc.) and (b) the Member is only authorized to use the Third Party Products made available to it by the Nokenchain community as part of the Services, excluding in particular any possibility of decompiling, accessing the sources, or reinstalling the Third Party Products, software, or systems made available to it on other infrastructures.
The Member uses the Third Party Products under its sole responsibility, in compliance with the Terms of Service in force, and ensures in particular that they are suitable for its needs and the purposes for which they are used.

3.12 Continuity and reversibility of Services

Unless otherwise provided in the applicable Special Conditions, the termination of the Services, whatever the cause (including termination of the Contract, non-renewal, termination of Services by the Member, non-compliance with the Terms of Service in force, etc.), as well as certain update and reinstallation operations of the Services, result in the automatic and irreversible deletion of all Content (including information, data, files, systems, applications, websites and other elements) reproduced, stored, hosted, collected, transmitted, disseminated, published, and more generally used and/or exploited by the Member within the framework of the Services, including any backups. Before the expiry date of the Services, as well as before carrying out any deletion, update or reinstallation operations of Services, it is the Member’s sole responsibility to carry out any operation (such as backup, transfer to a third-party solution, Snapshot, etc.) necessary to preserve its Content. At the Member’s request, and subject to the provisions of the “Confidentiality” article below, the Nokenchain community will provide the Member with any technical information relating to the Services that may facilitate the reversibility and recovery operations of its Content. These support services may give rise to additional invoicing based on the time spent, based on the financial conditions available on the Nokenchain community Website or upon simple request to Nokenchain Support. However, the Nokenchain community will not carry out any operations to restore or migrate the Member’s Content, which remain the sole responsibility of the latter. Subject to the data that the Nokenchain community must retain in accordance with the regulations in force, the data referred to in article 8.3 “Nokenchain Processing” below, and the data necessary to defend its rights, the Nokenchain community nevertheless undertakes, following the termination of the Services, and unless otherwise agreed between the Parties or otherwise provided for in the applicable Special Conditions, to retain a copy of the Member’s data in the event of a subsequent verification.

ARTICLE 4 : NOKENCHAIN SUPPORT

4.1 The Nokenchain Support Team

The Nokenchain Support team is responsible for managing technical incidents encountered in the context of the Services and for providing the Member, on request, with information concerning the conditions and characteristics of the Services. Subject to the other levels of Support available referred to in point 4.4 below, Nokenchain Support is provided in French only, and information services are provided exclusively during working hours (Monday to Friday, excluding public holidays and holiday periods).
Technical incident management is handled as follows:
– Requests for information and non-urgent incidents are dealt with within 1 month during working hours, subject to availability and/or sufficient human resources and/or information.
– Critical incidents affecting access to the Services may be escalated outside working hours, subject to prior qualification as such by the Nokenchain community.
Under no circumstances can the present clause be interpreted as an obligation to provide an immediate or continuous response (24/7), in particular for disputes or claims, which are covered by the procedures described in articles 11.1, 12.1.4 and 12.2.5 of these GTC. The Nokenchain community reserves the right to sub-contract part of the Support under the conditions set out in the articles ‘Sub-contracting’ and ‘Processing of personal data’.

4.2 Recourse to Nokenchain Support

The Member may contact Nokenchain Support exclusively by email at contact [at] nokenchain [dot] net or via a dedicated form available on the official website. Requests made by telephone, social media (such as WhatsApp, Telegram, Facebook, etc.), or any other channel not specified in this article are not recognized as official and will not be processed.
Nokenchain Support is accessible only by email during business hours (Monday-Friday, 10:00 a.m.-6:00 p.m., excluding French public holidays). Outside of these hours, requests may be submitted by email, but their processing will be delayed.
All requests sent to Support are recorded by the Nokenchain community to ensure accurate tracking of the exchanges. Before using Nokenchain Support, the Member agrees to consult the resources available on the Website, such as the FAQ or user guides, and to check that the answer to their question or problem is not included there.
Misuse of Nokenchain Support, particularly repetitive or irrelevant requests, may result in the limitation or temporary suspension of access to this service. The Nokenchain community also reserves the right not to respond to requests made in abusive or disrespectful terms.
The Member agrees not to (i) contact Nokenchain Support for services or products that they have not contracted directly with the Nokenchain community, or (ii) connect the Nokenchain Support teams with their own customers or any other third party to the Contract.
The Nokenchain community reserves the right to refuse to process requests that do not comply with these terms. The Member agrees to adopt appropriate, cordial, and respectful conduct in their dealings with Nokenchain Support. The Nokenchain community reserves the right to no longer respond to the Member’s requests and to immediately terminate the Contract in the event of abusive, outrageous or degrading behavior. In addition, such behavior may be subject to legal action against the Member, and the Nokenchain community may, in this context, use any means of proof it deems useful and appropriate (extracts of communications with the Member, screenshots, emails, telecommunications recordings, etc.). Subject to the other available Support levels referred to in point 4.4 below, basic Nokenchain Support is included in the price of the Services.

4.3 Incident management

In the event of a Service malfunction, the Member must first perform the technical tests recommended on the Nokenchain Website.
If these tests do not resolve the incident, the Member must report it to Nokenchain Support under the conditions described above, providing as much information as possible to enable proper diagnosis. If an incident is reported, Nokenchain Support will conduct the necessary investigations to identify the cause of the malfunction and establish a diagnosis. The Member undertakes to remain permanently available to collaborate with the Nokenchain community in diagnosing and resolving the incident, including by providing any additional information and conducting all necessary tests and verifications. As part of incident management, the Nokenchain community and its Affiliated Companies are expressly authorized by the Member to connect to the Member’s Services, both hardware and software, and to perform any operations necessary to develop a diagnosis.
This connection may require the Member to intervene on their Service. The Nokenchain community undertakes to keep the Member informed of the progress of operations. If the Nokenchain community finds that its Services are available and in good working order, that the existence of the incident cannot be confirmed or that the incident is not the responsibility of the Nokenchain community, the Nokenchain community will inform the Member. In this case, the time spent by the Nokenchain community to carry out the diagnosis and assist the Member may be invoiced as additional services on a fixed-price basis at the rate available on the Nokenchain community website and recalled when reporting the incident. The Nokenchain community reserves the right to refuse any intervention if it finds during its research that the Member is using the Service in violation of the Contract or the laws or regulations in force. If it appears that the incident is its responsibility, the Nokenchain community will finalize the diagnosis and work to restore the availability of the impacted Services. In this case, the intervention of the Nokenchain community will not give rise to any additional invoicing. The diagnosis is established by the Nokenchain community by any means, and in particular on the basis of the exchanges between the Parties and the data from the Nokenchain community information system. Subject to the applicable Special Conditions and the other levels of Support referred to in point 4.4 below, the Nokenchain community gives no guarantee of response time and resolution of incidents within the framework of Nokenchain Support.

4.4 Other levels of Support

In addition to the Nokenchain Support described above (Basic Nokenchain Support), the Nokenchain community offers other levels of Support allowing the Member to benefit from additional services and levels of commitment. These levels of Support are described in the Specific Conditions and corresponding documentation, available on the Nokenchain community Website or upon request from Nokenchain Support.

ARTICLE 5 : RESPONSIBILITY

5.1 Capacity

Each Party represents and warrants that it has the authority and capacity necessary to enter into the Contract and to perform its obligations. The Member and the Nokenchain community represent and warrant in particular that they have all the authorizations, skills and knowledge (including technical ones) enabling them respectively to use and provide the Services in accordance with the conditions set out in the Contract.

5.2 NOKENCHAIN’S RESPONSIBILITY

5.2 RESPONSIBILITY OF THE NOKENCHAIN ​​COMMUNITY

5.3 DISCLAIMER OF LIABILITY

THE NOKENCHAIN ​​COMMUNITY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR:
(A) USE OF THE SERVICES THAT DOES NOT COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT;
(B) NON-PERFORMANCE, FAILURE, MALFUNCTION, OR UNAVAILABILITY OF THE SERVICES RESULTING FROM A THIRD PARTY OR SUBCONTRACTOR, THE MEMBER, A THIRD-PARTY PRODUCT, OR A FAILURE BY THE MEMBER TO FULFIL ITS OBLIGATIONS;
(C) INDIRECT DAMAGES SUCH AS, IN PARTICULAR, COMMERCIAL DAMAGE OR DISRUPTION, LOSS OF ORDERS, BUSINESS INTERRUPTION, DAMAGE TO BRAND IMAGE, LOSS OF PROFITS OR MEMBERS (FOR EXAMPLE, INAPPORTANT DISCLOSURE OF CONFIDENTIAL INFORMATION CONCERNING THEM DUE TO SYSTEM DEFECTS OR HACKING, ACTION BY A THIRD PARTY AGAINST USE, ETC.);
(D) LOSS, DISCLOSURE OR ILLEGAL OR FRAUDULENT USE OF MEANS OF AUTHENTICATION OF MEMBERSHIP BY THE MEMBER OR THIRD PARTIES;
(E) SUSPENSION OF ACCESS OR TEMPORARY OR PERMANENT SUSPENSION OF THE SERVICES OPERATED UNDER THE CONDITIONS PROVIDED FOR IN ARTICLE 3 OF THESE GENERAL TERMS AND CONDITIONS (IN PARTICULAR RESULTING FROM A REQUEST FROM A COMPETENT ADMINISTRATIVE OR JUDICIAL AUTHORITY, OR NOTIFICATION FROM A THIRD PARTY WITHIN THE MEANING OF ARTICLE 6 OF THE LCEN OR EQUIVALENT);
(F) LOSS, ALTERATION OR DESTRUCTION OF ALL OR PART OF THE CONTENT (INFORMATION, DATA, APPLICATIONS, FILES OR OTHER ELEMENTS) HOSTED ON THE INFRASTRUCTURE, TO THE EXTENT THAT THE NOKENCHAIN ​​COMMUNITY IS NOT IN CHARGE OF MANAGING THE CONTINUITY OF THE MEMBER’S ACTIVITIES AND IN PARTICULAR BACKUP OPERATIONS;
(G) INADEQUACY OF THE SERVICES TO THE MEMBER’S NEEDS (IN PARTICULAR WITH REGARD TO THE SENSITIVITY OF THE DATA CONCERNED);
(H) SECURITY INCIDENTS RELATED TO THE USE OF THE INTERNET, INCLUDING LOSS, ALTERATION, DESTRUCTION, DISCLOSURE, OR UNAUTHORIZED ACCESS TO MEMBER DATA OR INFORMATION ON OR FROM THE INTERNET;
(I) DAMAGE TO SYSTEMS, APPLICATIONS, AND OTHER ELEMENTS INSTALLED BY THE MEMBER ON THE INFRASTRUCTURE.
THE NOKENCHAIN ​​COMMUNITY CANNOT BE HELD RESPONSIBLE FOR LOSSES RESULTING FROM MISUSE OF THE TOOLS OR STRATEGIES ADOPTED BY THE MEMBER.

5.4 Member’s Responsibility

The Member assumes all risks and perils related to its activities and is in particular solely responsible for the use of the Services made available to it by the Nokenchain community and for compliance with the Conditions of Service/Use in force, including when the Services made available to it are used by or on behalf of third parties. The Member remains responsible in particular for (a) the suitability of the Services ordered for its needs and for the needs of third parties by or on behalf of whom they are used, (b) the Content such as information, data, files, systems, applications, software, websites and other elements reproduced, hosted, installed, collected, transmitted, disseminated or published, and more generally used and/or exploited within the framework of the Services, as well as (c) the management and use of said Content (in particular their control, validation, updating, deletion, backup, as well as any measure likely to protect against loss and alteration of Content), including when they belong to third parties or are used or exploited by or on behalf of third parties, and (d) compliance with the laws and regulations in force. When the Member uses the Services in the context of a professional activity, or when acting on behalf of third parties, they undertake to take out civil liability insurance with a reputable organization covering all damages that may be attributed to them, and undertake to maintain this insurance (or any other equivalent insurance) for the entire duration of the Contract.
Each Member acknowledges that they act independently and assumes full responsibility for the decisions and transactions carried out via the services offered by the community.
As stated in Article 3.8, the Nokenchain community may hold the Member liable in the event of a lack of vigilance and monitoring of the project. The Member is aware that cryptocurrency involves acting as “their own bank.” The Nokenchain community may hold the Member liable in the event of obvious negligence in monitoring or developing the project, particularly when the Member fails to respond to essential communications, fails to read emails, fails to receive emails sent to the email address indicated in their Account, fails to read the Terms and Conditions, or fails to comply with the recommendations specified by the community. Before any internal action or legal proceedings are taken, the community undertakes to inform the Member and provide them with a reasonable period of time to rectify the situation.
Regarding its Services currently in use, the Member may be informed by email, after contacting the Nokenchain community, of any substantial changes likely to degrade said Services. It is therefore the Member’s responsibility to contact the Nokenchain community to obtain access to the latest information regarding its development and any potential changes to its operation.
5.4.1 Specific risks
Members acknowledge that they have been informed of the specific risks associated with cryptocurrency investments, including:
– High market volatility, which can lead to rapid and significant losses.
– Risks related to third-party platforms and subcontractors used for transactions or fund custody.
– Technical risks, such as computer outages or attacks.
– Legal or regulatory risks that may affect operations.

5.5 Guarantee

Each Party guarantees that it will conduct its business in accordance with applicable regulations. The Member guarantees in particular the Nokenchain community against all consequences resulting from (a) the use or exploitation of illicit Content within the framework of the Services, (b) fraudulent use of the Services or non-compliance with the laws and regulations in force, (c) use of the Services made in violation of the rights of third parties, (d) the inadequacy of the Services selected for its needs or the needs of third parties, and (e) the loss or unauthorized or fraudulent use of the Members’ means of authentication. The Member undertakes to intervene in the context of all requests, claims and/or actions by third parties calling into question the Content and/or the Conditions of Service/Use, including administrative and judicial authorities, and to compensate the Nokenchain community for all damages resulting therefrom (including conviction, reasonable defense costs, etc.).

5.6 Third parties

Under this Agreement, the Nokenchain community makes no commitment to third parties, and in particular to Members, and no stipulation may be interpreted as creating third-party beneficiaries of this Agreement. The Member is solely responsible for the relationship it maintains with third parties, in particular with Members of the Services, and guarantees the Nokenchain community against all requests, claims and/or actions from third parties, involving the Services of the Nokenchain community. The Member undertakes to notify the Nokenchain community in writing as soon as possible of all requests, claims and/or actions from third parties involving the Services of the Nokenchain community, specifying the subject of the request as well as any useful information so that the Nokenchain community can communicate to the Member the useful elements in its possession.

5.7 Force Majeure

Neither Party shall be held liable for non-performance or failure to perform its obligations if this results from an unforeseen, external, and irresistible event, qualified as force majeure as defined in Article 1218 of the Civil Code. This clause applies in particular in the event of fraud or deception committed by a third party (including a subcontractor), and to the extent that this event is beyond the reasonable control of the Party concerned.
The Party affected by the force majeure must inform the other Party as soon as possible by email, after contact by the other Party, providing an estimate of the duration of the disruptive event. However, in the event of uncertainty regarding the duration of the event, particularly in the context of ongoing legal proceedings (such as a fraud complaint), the affected Party undertakes to keep the other Party informed of developments in the event of further contact. If the failure lasts more than thirty (30) consecutive days, the non-defaulting Party may terminate all or part of the affected Services.
In the event of proven fraud by a third-party subcontractor, the Nokenchain community cannot be held liable for financial losses suffered by Members, as these losses are directly related to the fraud. The affected Party undertakes to do everything possible to minimize the negative impacts by proposing alternative solutions where possible and to collaborate with the relevant authorities to resolve the situation.
In the event of a force majeure event affecting the availability or security of funds, the Nokenchain community will use all reasonable means to inform members who have contacted it and resolve the situation. However, no guarantee of full or immediate recovery of funds can be provided.
5.8 Temporary Suspension of Withdrawals
The Nokenchain community reserves the right to temporarily suspend Member withdrawals in the following cases:
– Non-compliance with KYC requirements: If the Member has not provided or updated their identity information in accordance with applicable regulations.
– Suspicion of fraudulent activity: Any suspected activity of money laundering, fraud, or non-compliance with applicable laws.
– Risks to financial stability: In the event of exceptional market conditions or proven risks to collective funds, requiring prudent management to protect the interests of all Members.
– Force majeure: Any unforeseeable situation that makes it impossible or dangerous to execute withdrawals under normal conditions (examples: major technical failures, interruptions, malfunctions, or blockages/scams by third-party service providers, illness of the CEO or key member, hacking and cyberattacks, natural disasters, external bugs, geopolitical or health crises, legislative changes, etc.).
The suspension will be notified by email, along with an estimate of the duration and the measures implemented to restore service. This suspension does not entitle you to compensation.
In the event of force majeure (Article 1218 of the Civil Code), obligations are suspended until the problem is resolved.
– The suspension is based on regulatory obligations (Article L561-5 of the Monetary and Financial Code).

ARTICLE 6 : FINANCIAL CONDITIONS

6.1 Price of Services

The prices of the Services billed to the User are those in effect at the time of billing, as published on the Nokenchain Website. Prices are also communicated on simple request addressed to Nokenchain Support.
Unless otherwise specified, prices are in euros, cryptocurrencies and nokencoins (NOKN). Depending on the type of Services, Nokenchain offers different types of prices (monthly flat-rate price, annual flat-rate price, price per use, etc.) to which can be associated, depending on the case, a period of commitment and/or a method of specific billing. When for the same Service, several types of prices are available, the User selects the one of his choice at the time of the Order. When they are mentioned exclusive of tax (in particular concerning Services intended for professionals), VAT as well as any other tax applicable to the Services (excluding taxes and levies on Nokenchain’s income) are added to the price of the Services and are due by the latter without this being able to be considered as a price change within the meaning of article 6.2 below. Unless specifically provided for pricing, the price of the Services includes the cost of acquiring licenses and rights to use the tools, software and operating systems used by Nokenchain and/or, where applicable, made available to the User by Nokenchain in as part of the Services. It is up to the User to acquire and discharge any license or right of use necessary for the exploitation of the Content he uses as part of the Services. The methods for calculating the prices of the Services and the units of work are defined on the Nokenchain Website and in the applicable Special Conditions. It is up to the User to take cognizance of it before placing an order. Each unit of work started is invoiced and due in full, including if it is not fully used. Certain Services give rise to additional installation or commissioning costs.

6.2 Price change

Nokenchain reserves the right to modify its prices at any time. Price changes are applicable immediately to any new Order. For the Services in use, in the event of a price increase, the Customer is informed with a notice period of thirty (30) calendar days by email. In this case and subject to the article “Specific conditions for Consumers”, the User will have, from this information, a period of thirty (30) calendar days to terminate the impacted Services without penalty, by registered mail. with acknowledgment of receipt or via the form provided for this purpose on the Nokenchain website. Otherwise, the User will be deemed to have accepted the new prices. The aforementioned termination option is not applicable in the event of a price increase resulting from unforeseeable circumstances within the meaning of Article 1195 of the Civil Code. In this case, the provisions of the said article are applied.

6.3 Billing

The Services are billed on the basis of the User’s consumption and Orders recorded by Nokenchain in its information system, which is authentic and is fully enforceable against the User. The frequency (monthly, annual, or other) and timing (upon Order or in arrears) of invoicing varies from one Service to another. The conditions for invoicing the prices of the Services are defined on the Nokenchain Website and in the applicable Special Conditions of Service. It is up to the User to take cognizance of it before placing an order. After each payment, Nokenchain sends the User an invoice, at the User’s request. The User expressly accepts that the invoice will be sent to him electronically. The invoice is communicated to the User by e-mail. It is up to the User to keep a copy in accordance with the regulations in force.

6.4 Payment

Invoices are payable upon receipt, it being specified that depending on the Services, invoices are issued either upon the Order or in arrears. It is up to the User to select in his Management Interface the desired payment method among the available payment methods. The available payment methods may vary from one Service to another. It is up to the User to take cognizance of it before placing an order. Regarding Services payable in arrears, Nokenchain reserves the right to invoice said Services to the User before the end of the current calendar month, as soon as the Services consumed by the User during the month in question reach a significant total amount. The User is solely responsible for payment for the Services under the aforementioned conditions. He agrees to use a valid means of payment and to have the necessary funds to pay for the Services. Subject to the right of withdrawal provided for in the article “Specific conditions for Consumers”, the prices are due in their entirety, the User not being able to claim any reimbursement in the event of non-use, partial use, suspension or termination of the service. This is without prejudice to the possibility for the User to engage the responsibility of Nokenchain under the conditions provided for in the “Responsibility” article below, if this situation results from a failure by Nokenchain to fulfill its obligations.

6.5 Default and late payment

In the event of default or late payment, including partial payment, the User is liable for late payment penalties due the day following the payment deadline, and the interest rate of which is equal to three times the payment rate. legal interest. In addition, any default or late payment (even partial) of sums due by the User in performance of the Contract, persisting for more than (4) four calendar days after notification of default or late payment sent to the User by email, entails as of right and without the need for additional notification or formal notice (a) the immediate payment of all sums remaining due by the User under the Contract, regardless of the method of payment provided, and (b) the possibility for Nokenchain immediately and without notice to suspend all or part of the User’s Services (including those which have been paid), to refuse any new Order or renewal of Services, and to terminate, as of right, by email, the Contract in whole or in part. In the event of default or late payment, Professional Users are liable for a lump sum compensation for recovery costs of forty (40) euros, without prejudice to the possibility for Nokenchain to request, upon justification, additional compensation when the costs recovery costs are greater than the amount of said fixed compensation.

6.6 Dispute

Any disagreement regarding billing and the nature of the Services must be notified to the Nokenchain Support, by email or form message, within one (1) month after issuance of the invoice. Failing that, and without prejudice to the possibility for the User to subsequently dispute the invoicing, the User is required to pay unpaid invoices under the conditions provided for in the Contract. In the event of failure to invoice, Nokenchain is authorized to regularize said invoices within the limits of the limitation rules in force.

ARTICLE 7 : DURATION, RENEWAL AND TERMINATION OF SERVICES

7.1 Duration of Services

The Contract is concluded for an indefinite period and remains in force as long as the User uses Nokenchain Services. The period during which the User undertakes to use the Services ordered is that applicable to the tariff option selected by the User at the time of the Order (the “Period of Use”). In the event of a flat-rate or subscription payment (monthly, annual or other), and subject to the article “Specific conditions for Consumers”, the User undertakes to use the Services for the entire corresponding period. Failing this, and in particular in the event of suspension or early termination of the use of the Services, the User remains required to pay the package in full and cannot claim any reimbursement in this regard. In the event of pay-as-you-go, the Services are made available for an indefinite period, the User being able to terminate them at any time under the terms in force.

7.2 Renewal of Services

The conditions for renewing the Services vary from one type of Service to another. Some renew automatically (“Auto-renew”) and others by prior payment from the User.
In the event of an option, it is up to the User to select the renewal method of his choice. For some Services, Auto-renew is enabled by default. Requests for renewal by payment are automatically rejected in the event of non-payment or irregular payment (in particular incorrect amount, incomplete payment, or not including the required references, or carried out by a means or procedure not accepted by Nokenchain). As this is a renewal paid by check, it is up to the User to request the renewal with sufficient time so that the check is actually received by Nokenchain before the Service expires. Nokenchain reserves the right to terminate a renewal, in particular in the event of termination of the Service with a reasonable notice period.

7.3 Termination for default

Without prejudice to the other cases of termination provided for in the Contract, in the event of a breach by one of the Parties of all or part of the obligations imposed on it, the Services may be terminated by registered mail with acknowledgment of receipt after notification of the breaches in question has been sent by email with acknowledgment of receipt to the defaulting Party and has remained ineffective for more than seven (7) calendar days. Notwithstanding the foregoing, in the event of malicious, illegal or fraudulent use of the Services, or use made in violation of the rights of a third party, Nokenchain may, as of right, terminate the Services concerned or the Contract in its entirety, by email and without prior notice. This paragraph does not affect Nokenchain’s right to suspend or interrupt the Services under the conditions provided for in the Contract, in particular in the event of non-compliance with the Conditions of Service in force.
Terminations for default are without prejudice to any damages that may be claimed from the defaulting Party.

ARTICLE 8 : PROCESSING OF PERSONAL DATA

8.1 Compliance with applicable regulations

The Parties undertake to comply with the legal and regulatory provisions in force relating to information technology, files and freedoms, in particular Law No. 78-17 of January 6, 1978, amended by Law No. 2004-801 of August 6 2004, as well as (EU) Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), from the date of application. Each of the Parties undertakes in particular, with regard to the processing of personal data for which it is responsible, to respect the rights of the persons concerned (in particular the right to information, access, rectification and deletion of data).
The User, who remains solely responsible for the choice of Services, ensures that the Services have the characteristics and conditions required to be able to proceed with the processing of personal data envisaged in the context of the use of the Services, taking into account the regulations in force, in particular when the Services are used to process sensitive data. When Nokenchain offers Services intended to enable the User to process personal data subject to specific legal or regulatory provisions, Nokenchain communicates to the User the scope of responsibility of the latter, as well as the conditions under which Nokenchain complies with said standards or regulations.

8.2 Processing carried out by or on behalf of the User

8.2.1 Responsibility for processing

The User remains solely responsible for the processing of personal data carried out for his own account within the framework of the Services, whether by himself, by Nokenchain or by third parties. Regarding the processing of personal data carried out by Nokenchain on behalf of the User as part of the performance of the Services (in particular support services), Nokenchain acts as a subcontractor on the sole instructions of the User. .

8.2.2 Safety

Nokenchain takes, under the conditions provided for in the Contract, all useful precautions to preserve the security and confidentiality of the personal data to which it has access, and in particular to prevent them from being distorted, damaged, or that unauthorized third parties have access. In this regard, Nokenchain undertakes in particular not to access or use the User’s data for purposes other than for the purposes of performing the Services (and in particular the Support services).
Nokenchain may however be required to communicate said data to judicial and / or administrative authorities, in particular in the context of requisitions. In this case, and unless there is a legal provision or injunction of the competent authority preventing it, Nokenchain undertakes to inform the User and to limit the communication of data to those expressly required by said authorities. Nokenchain undertakes to put in place (a) physical security measures aimed at preventing access to the infrastructures on which the User’s data is stored by unauthorized persons, (b) identity checks and ” access via an authentication system as well as a password policy, (c) an authorization management system making it possible to limit access to the premises to only people who need to access it as part of their duties and their scope of activity, (d) security personnel responsible for ensuring the physical security of Nokenchain premises, (e) a system of physical and logical isolation of Users from each other, (f) authentication processes users and administrators, as well as measures to protect administration functions, (g) in the context of support and maintenance operations, an authorization management system implementing the principles of least privilege and need to know, and (h) of the processes and devices allowing to trace all the actions carried out on its information system, and to carry out, in accordance with the regulations in force, reporting actions in the event of an impacting incident User data.
The User ensures the security of the resources, systems and applications that he deploys within the framework of the use of the Services, and remains in particular responsible for the implementation of flow filtering systems such as firewalls, the updating of systems and software deployed, access rights management, resource configuration, etc. Nokenchain will in no way be responsible for security incidents related to the use of the Internet, in particular in the event of loss, alteration, destruction, disclosure or unauthorized access to data or information of the User.

8.2.3 Location and data transfers

When the Services allow the User to store Content, the location or, as the case may be, the geographical area, of the available Data Center (s) is specified on the Nokenchain Website. When several locations or geographical areas are available, the User selects the one (s) of his choice at the time of the Order. Subject to the applicable Special Conditions of Service, Nokenchain refrains from modifying, without the agreement of the User, the location or geographical area provided for in the Order, of the Content stored by the User as part of the Services. Subject to the foregoing regarding the location of Data Centers, Nokenchain Affiliates located within the European Union, in Canada, as well as in any other country recognized by the European Commission as having a level of protection. sufficient personal data with regard to the protection of privacy and fundamental rights and freedoms of individuals, as well as with regard to the exercise of the corresponding rights, are permitted, excluding the United States America, to access the personal data stored by the User in the context of the Services only for the purposes of performing the Services, in particular in the context of Nokenchain Support. The list of Related Companies that may be involved in the performance of the Services is communicated on the Nokenchain Website or at the User’s request to Nokenchain Support.
No access to data stored by the User within the framework of the Services from a country considered by the European Commission as not ensuring a sufficient level of protection of personal data is authorized, except (a) contrary provision of the Conditions Particulars of Service applicable, or (b) choice of the User of Data Centers located outside the European Union and Canada or (c) specific agreement of the User.
In the event that personal data stored by the User as part of the Services is transferred outside the European Union to a country of destination considered by the European Commission as not ensuring a sufficient level of data protection of a personal nature, one of the following guarantee mechanisms is in place: (a) signature of a contract in accordance with the standard contractual clauses adopted by the European Commission, or (b) at the discretion of Nokenchain, implementation of Binding Corporate Rules (“Binding Corporate Rules” or “BCR”) recognized as complying with the requirements set by the Group in Article 29 of Directive 95/46/EC to be deemed to provide a sufficient level of protection to personal data transferred within Nokenchain, or (c) any other protection device in accordance with the regulations in force.
The User is responsible for all formalities and requests for authorizations necessary for the transfers of personal data provided for under the Contract, to the persons concerned and the competent authorities.

8.2.4 Audit

Nokenchain can make available to the confirmed User, information concerning the Security measures implemented within the framework of the Services in order to allow the confirmed User to ensure that these measures correspond to his needs or to those of Users. When the Services are certified or subject to specific audit procedures, Nokenchain may make the corresponding certificates and audit reports available to the Confirmed User. Certain Services are eligible for on-site audits under the conditions provided for in the applicable Special Conditions. The aforementioned services may give rise to additional invoicing.

8.3 Nokenchain treatments

As part of the Services, Nokenchain collects the User’s personal data, which is subject to automated processing under the conditions provided for by the aforementioned law n° 78-17, for purposes (a) of management the Nokenchain User relationship (invoicing, assistance and maintenance of the Services, commercial management, archiving, telephony, improvement of the quality, security and performance of services, recovery, etc.), and (b) compliance with regulations applicable to Nokenchain (in particular legal obligations to store login and user identification data). Nokenchain undertakes not to use the data thus collected for purposes other than those mentioned above. Nokenchain may however be required to communicate them to judicial and/or administrative authorities, in particular in the context of requisitions. In this case, and unless otherwise provided by law, Nokenchain undertakes to inform the User and to limit the communication of data to those expressly required by said authorities. The data processed for the purposes of managing the relationship between the User and Nokenchain consist of information such as surname, first name, postal address, email address, telephone numbers of the User’s employees and are kept by Nokenchain for the entire duration of the Contract and the following thirty-six (36) months. User login and identification data is kept by Nokenchain for twelve (12) months. Other personal data collected and processed by Nokenchain in order to comply with its legal obligations are kept in accordance with applicable law. Within the framework of the purposes defined above, the User accepts that the aforementioned personal data concerning him/her will be transferred by Nokenchain to its Related Companies which intervene within the framework of the execution of the Contract, including outside the European Union. However, they will only be able to access this personal data within the framework of the aforementioned purposes, and in strict compliance with the User’s rights in terms of personal data protection. In order to guarantee adequate protection of said personal data collected by Nokenchain, Nokenchain has adopted binding internal corporate rules (“Binding Corporate Rules” or “BCR”), which bind Nokenchain and all of its Affiliates, and whose Nokenchain company is highly respected by them. These rules are based on European directives 95/46/EC and 2002/58/EC, relating to the protection of personal data and aim to put Nokenchain’s practices in terms of personal data protection, in compliance with said directives. In accordance with the “Informatique et Libertés” law of January 6, 1978, the User has the right to access, rectify and delete the aforementioned information concerning him. He may exercise this right and obtain communication of said information from Nokenchain by email to the email address : contact (at) nokenchain.net or by post to the address which will be communicated to him by justifying his identity. It will be answered within thirty (30) days of receipt.

ARTICLE 9 : CONFIDENTIALITY

9.1 Commitments

Each of the Parties undertakes, with regard to the confidential information of the other Party to which it is the recipient or to which it has access in the context of the execution of this Contract : (a) to use said confidential information only in the purpose of the execution of the Contract, (b) to preserve the confidentiality of said information with the same degree of care as if it were his own confidential information, and (c) to give access to said confidential information only to those of its employees and Affiliates who need to know about their function, provided that these recipients are informed beforehand of the confidential nature of said information, and that they are bound by a confidentiality commitment at least equivalent to this commitment. Each Party is also authorized to communicate the confidential information of the other Party to its counsel as long as they are part of a regulated profession subject to professional secrecy (such as lawyers, accountants or auditors). Each of the Parties shall refrain from disclosing the confidential information of the other Party to persons other than those mentioned above without the prior written consent of the other Party, and is committed to respecting the confidentiality of said information by all the people to whom it discloses them. The conditions of the Contract and all information communicated between the Parties, or to which the Parties have access within the framework of the execution of the Contract, and whatever its form and nature (in particular financial and marketing information, trade secrets, know-how, information relating to security and the conditions of use of the Services). For information to be considered confidential, it is not necessary that its confidential nature be mentioned on the document or other medium containing the said information, or that it be specified at the time the information is disclosed.

9.2 Exceptions

The confidentiality commitments defined above do not apply to information of which the Receiving Party can demonstrate that (a) the Receiving Party was legitimately aware of it without being obliged to keep it confidential, before the other Party communicates it to it or gives access to it, (b) they are in the public domain other than because of a failure by the recipient Party (or persons for whom it is responsible) to comply with the confidentiality obligation covered by this Contract, ( c) they have been communicated to the Recipient Party by a third party in a legitimate manner and with authorization to disclose them, (d) they result from developments carried out by the Recipient Party and/or by its collaborators, independently of the execution of the Contract, or (e) the disclosure of such information has been authorized by the other Party under the conditions provided for in the Contract. Notwithstanding the foregoing, each Party reserves the right to disclose information received from the other Party (a) within the strictly necessary limit for the defense of its rights, it being specified that in this case, the confidential information of the ‘other Party are kept for the legal necessary time’ for the administration of the evidence, and can only be disclosed to persons who need to know about it in the context of the action or procedure in question (magistrates, legal advisers, etc.), which are subject to professional secrecy or, failing that, bound by a confidentiality agreement, and (b) at the request of a competent administrative or judicial authority, it being specified that in such a case, the disclosure will be strictly limited at the request of said authority, and that, subject to any legal provision or injunction to the contrary, the receiving Party informs the other Party of the said request.

ARTICLE 10 : GENERAL PROVISIONS

10.1 Severability

The invalidity of one of the clauses of the Contract signed with Nokenchain in application in particular of a law, a regulation or following a decision of a competent court which has become final will not entail the invalidity. other clauses of the Contract which will retain their full effect and scope. In this case, the Parties shall, as far as possible, replace the annulled provision with a valid provision corresponding to the spirit and the object of the Contractual Conditions.

10.2 Titles

The titles of the articles of the contractual conditions are intended only to facilitate references and do not in themselves have a contractual value or a particular meaning.

10.3 Tolerance

The fact that Nokenchain does not avail itself at any given time of any of these General Terms and/or tolerates a breach by the other Party of any of the obligations referred to in these General Terms cannot be interpreted as constituting a waiver by Nokenchain to subsequently invoke any of the said Terms.

10.4 Contractual documents

The Contract consists of the Terms of Service/Use which constitute the entire Contract between the User and Nokenchain, excluding in particular the General Terms of the User and all other documents, agreements or previous discussions. Nokenchain may modify the Terms of Service/Use at any time as of right. These modifications are immediately applicable to all new Orders. Regarding his Services in use, the User is notified by email or via its management interface of any modification of the Terms of Service/Use in force. Changes to the Terms of Service/Use only come into force thirty (30) calendar days after sending the aforementioned notification. However, changes to Third Party Product Conditions and legal or regulatory compliance may occur immediately to the extent that Nokenchain does not control them. Subject to the article “Specific Conditions for Consumers”, when new Terms of Service/Use are unfavorable to the User, the latter may terminate the affected Services by registered letter with acknowledgment of receipt or by electronic mail, in a maximum period of thirty (30) calendar days from the entry into force of the new Terms of Service/Use.

10.5 Independence

The Parties agree that nothing in the Contract may be interpreted as constituting a mandate, a joint venture, a de facto company, a joint venture or any other form of grouping. , joint venture or association. Each Party remains fully independent, master of the management of its affairs, and responsible for all of its actions, and alone assumes all the risks associated with its activity.

10.6 Assignment of Contract

Neither Party is authorized to assign this Agreement, even partially, without the prior written consent of the other Party. However, notwithstanding the foregoing, each of the Parties may freely assign all or part of this Contract to its Affiliates. In this case, it notifies the other Party as soon as possible in writing, and vouches for compliance with the Contract by the assignee (s) Related Company (s). The following transactions do not fall within the scope of this article, and are authorized: (a) changes in shareholding, changes in ownership and changes in control of either Party, and ( b) operations such as mergers, acquisitions, sales of goodwill, sales of activities and other transactions leading to a transfer of assets from either Party. If one of the Parties carries out one of the operations mentioned in points (a) and (b) above, it shall inform the other Party thereof. If the transaction is carried out for the benefit of a direct competitor of the other Party, the latter is authorized to terminate the Contract as of right and without compensation.

10.7 Communications

For any exchange of information by e-mail, the date and time of the Nokenchain server will prevail between the Parties. This information will be kept by Nokenchain for the entire period of the contractual relationship and for the following three (3) years. Subject to the other modes of communication and recipients provided for in the Contract, all notifications, formal notices and other communications provided for in the Contract are deemed to have been validly delivered if they are sent by registered letter with acknowledgment of receipt or by email.

10.8 Advertising and promotion

Unless the User decides otherwise from his Management Interface, Nokenchain is authorized to rely on the commercial relationship maintained between the User and Nokenchain as part of the usual conduct of its commercial activities with its customers and prospects. Any other mention by Nokenchain to the User, as well as any other use of its distinctive signs (logos, brands, etc.), particularly in the context of advertisements, public events, conferences and specialized publications on professional markets, or on its brochures, commercial documents or Nokenchain website, is subject to the prior agreement of the User.

10.9 Convention of proof

It is expressly agreed that the data of the information system of Nokenchain or its subcontractors, such as connection logs, consumption statements, order and payment summaries, incident management report or others, are fully enforceable against the User and admissible including in the context of litigation proceedings.

10.10 Computation of time limits

By way of derogation from the provisions of articles 640 and following of the Code of Civil Procedure, and subject to different stipulations in this Contract, the deadlines are calculated in calendar days, and begin to run from the day after their triggering event.

ARTICLE 11: JURISDICTIONAL JURISDICTION AND APPLICABLE LAW

11.1 Jurisdiction

In the event of a dispute with a User who is not considered to be a Consumer within the meaning of the Consumer Code, express jurisdiction is attributed to the Commercial Court of Cergy-Pontoise (France), notwithstanding multiple defendants or call in warranty, including for measures of ‘urgency, conservatories in summary or on request.

11.2 Applicable law

The present contract is regulated by French law. This is the case for the substantive rules as for the formal rules, to the exclusion, on the one hand, of the conflict rules provided for by French law, and on the other hand, of the provisions of French law which would be contrary to this Agreement.

ARTICLE 12: CONSUMERS SPECIFIC CONDITIONS

The stipulations below apply only to Users having the status of Consumer within the meaning of the introductory article of the Consumer Code. They supplement the other stipulations of the Nokenchain General Conditions of Services which remain fully applicable to said Consumer Users, subject to the stipulations to which article 12.2 below expressly derogates.

12.1 Additional provisions

The stipulations below supplement the General Terms of Service/Use of Nokenchain, which remain fully applicable to Consumer Users.

12.1.1 Provision of Services

Nokenchain undertakes to make the Service available to the User within the period specified in the Order, or in the absence of indication or agreement as to the date of the provision of the Service, within a maximum period of fifteen (15) days following validation of the Order. If the Service is not made available to the User within the aforementioned applicable period, the User may request the cancellation of the Order by registered mail with acknowledgment of receipt or by sending an email specifying in the subject line his message “Termination for lack of provision”. The sums paid by the User are refunded to him within fourteen (14) days following cancellation of the Order under the aforementioned conditions.

12.1.2 Right of withdrawal

In accordance with articles L221-18 et seq. Of the Consumer Code, and in particular articles L221-28 1 ° and L221-28 3, the User benefits from a right of withdrawal. He can exercise this right, without having to justify reasons or to pay penalties with the exception, where applicable, of return costs, within fourteen (14) days from the day after his Order.
The User must exercise his right of withdrawal before the expiry of the aforementioned period by sending a withdrawal email or any other declaration, unambiguous, expressing his desire to withdraw.
The withdrawal period cannot be applied to the creation of tokens. Any registration on the blockchain is final. The User receives this information at the time of the order and before deposit.

Example of withdrawal wording :

I hereby notify you of my withdrawal from the contract for the sale of good X / for the provision of services Y below, ordered on DATE, received on DATE.
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer (s) (only if this form is notified on paper)
– Date

The right of withdrawal, if it has been validly exercised, allows the User to obtain reimbursement of the goods and Services concerned, less a pro-rated amount in proportion to the number of days during which said goods and Services were made available to the User. The User cannot exercise his right of withdrawal in the cases provided for in article L221-28 of the Consumer Code, in particular for Services fully performed before the end of the withdrawal period or for goods and Services made according to the consumer specifications or clearly personalized. In this case, the User is informed at the time of the Order and is invited to waive his right of withdrawal.

12.1.3 Termination

In accordance with article L224-39 of the Consumer Code, any request for termination of the Contract by the User will be effective from the day after the date of receipt by Nokenchain, provided that the User has specified all of the information required allowing its identification. The User may also request that this termination take effect more than ten (10) days after receipt by Nokenchain of his request for termination.

12.1.4 Complaints

For any complaint relating to Nokenchain services, it can be addressed :
– As a first resort by email.
– As a second resort, when the User has not received a response within thirty (30) calendar days of receipt of his complaint or in the event that he is not satisfied with the response provided by the User Service , he can apply again by registered letter with acknowledgment of receipt.
The User’s request will be reviewed within thirty (30) calendar days from its receipt by the National Consumer Service Nokenchain.
– As a 3rd resort, when the User is recognized as a Consumer within the meaning of the provisions of the Consumer Code, if the latter has followed the aforementioned complaint process and remains dissatisfied with the response provided by the National Consumer Service, it can contact the electronic communications mediator (AMCE) directly and free of charge according to the procedures detailed on the website www.mediateur-telecom.fr.
The Mediator’s referral form is available on his website or from the National Consumer Service on request.

12.2 Derogatory stipulations

The stipulations below are intended to replace the stipulations of the Nokenchain General Terms of Service/Use to which they expressly derogate.

12.2.1 (Exemption from article 3.8) Evolution of the Services

Nokenchain may at any time and as of right modify the Services, in particular add, modify or delete ranges, options or functions and improve their performance. The Services are described online on the Nokenchain Website.
It is up to the User to be vigilant concerning the evolutions of Services, which are applicable immediately within the framework of all new Orders.
Regarding the Services in use by the User, the latter is informed by email and via its Management Interface of any substantial change likely to degrade said Services, at least one (1) month before the implementation of evolution. However, changes to Third Party Products and emergencies (such as a security risk or legal or regulatory compliance) may result in immediate changes to Services.
In the event of an evolution degrading a Service in use (withdrawal of functionality, reduction in performance, etc.), the User may terminate said Service by registered mail with acknowledgment of receipt or by email, within four (4) days ( 4) months from the implementation of the evolution.

12.2.2 (Exemption from article 6.1) Price of the Services

The prices of the Services billed to the User are those in effect at the time of billing, as published on the Nokenchain Website in tax-free (TF) format. Prices are also communicated on simple request addressed to Nokenchain Support. Unless otherwise stipulated, prices are in euros, or calculated in cryptocurrencies against the euro.
Depending on the type of Services, Nokenchain offers different prices (monthly flat-rate price, annual flat-rate price, price per use, etc.) which can be associated, depending on the case, with a period of commitment and / or a billing method. specific. When for the same Service, several prices are available, the User selects the one of his choice at the time of the Order.
However, some Services are intended only for professional use, for customers considered to be traders within the meaning of the Commercial Code. The prices of these Services are only available in tax-free (HT) format. Unless specifically provided for pricing, the price of the Services includes the cost of acquiring licenses and rights to use the tools, software and Operating Systems used by Nokenchain and / or, where applicable, made available to the User within the framework of services. It is up to the User to acquire and discharge any license or right of use necessary for the exploitation of the Content he uses as part of the Services. The methods for calculating the prices of the Services and the units of work are defined on the Nokenchain Website and in the applicable Special Conditions. Each unit of work started is invoiced and due in full. It is up to the User to take cognizance of it before placing an order. Certain Services give rise to additional installation or commissioning costs.

12.2.3 (Derogation from article 6.2) Price change

Nokenchain reserves the right to modify its prices at any time. Price changes are applicable immediately to any new Order. For the Services in use, in the event of a price increase, the User is informed with a notice period of one (1) month by email. In this case and subject to price increases resulting from unforeseeable circumstances within the meaning of article 1195 of the Civil Code, the User has, from the entry into force of the modification, a period of four (4 ) months to terminate the affected Services without penalty by registered mail with acknowledgment of receipt or via the form provided for this purpose in its Management Interface.

12.2.4 (Exemption from article 6.5) Default and late payment

In the event of default or late payment, including partial payment, the User is liable for late payment penalties due the day following the payment deadline, and the interest rate of which is equal to three times the payment rate. legal interest. In addition, any default or late payment (even partial) of sums due by the User in performance of the Contract, persisting for more than four (4) calendar days after notification of default or late payment sent to the User by email, entails as of right and without the need for additional notification or formal notice (a) the immediate payment of all sums remaining due by the User under the Contract, regardless of the method of payment provided, and (b) the possibility for Nokenchain immediately and without notice to suspend all or part of the User’s Services (including those which have been paid), to refuse any new Order or renewal of Services, and to terminate the Contract in whole or in part.
In accordance with article L121-21 of the Consumer Code, the lump sum compensation for recovery costs of forty (40) euros payable by Professional Users in the event of late payment, as provided for in article 6.5 below. above, is not applicable to Users having the status of Consumers. However, under Article L111-8 of the Code of Civil Enforcement Procedures, Consumer Users may be claimed for any recovery costs undertaken in the context of legal proceedings having an enforceable title.

12.2.5 (Derogation from article 10.4) Contractual documents

The Contract consists of the Terms of Service/Use which constitute the entire Contract between the User and Nokenchain, excluding in particular the General Terms of the User and all other documents, agreements or previous discussions.
Nokenchain may modify the Terms of Service/Use at any time as of right. These modifications are immediately applicable to all new Orders. Regarding his Services in use, the User is notified by email and in his Management Interface of any modification of the Terms of Service in force. The said changes only come into force thirty (30) calendar days after sending the aforementioned notification. However, changes to Third Party Product Conditions and legal or regulatory compliance may occur immediately to the extent that Nokenchain does not control them. In accordance with article L224-33 of the Consumer Code, the User can terminate the affected Services by registered mail with acknowledgment of receipt or via the interface provided for this purpose in his Management Interface, within a maximum period of four (4) months from the entry into force of the new Terms of Service.

12.2.5 (Derogation from article 11.1) Jurisdiction

IN THE EVENT OF A DISPUTE WITH A USER, EXPRESS JURISDICTION IS ATTRIBUTED TO THE COURT OF THE PLACE OF RESIDENCE OF THE DEFENDANT, IN ACCORDANCE WITH ARTICLE 42 OF THE CODE OF CIVIL PROCEDURE, OR, AT THE LATTER’S CHOICE, AT THE PLACE OF ACTUAL DELIVERY OF THE MATTER OR OF THE PLACE OF PERFORMANCE OF THE SERVICE, IN ACCORDANCE WITH ARTICLE 46 OF THE CODE OF CIVIL PROCEDURE.

Stablenodes terms and conditions (NOKN and cryptocurrencies) :
https://nokenchain.net/stablenodes-terms-and-conditions-nokn-and-cryptocurrencies/

Nokenbot & pool terms and conditions :
https://nokenchain.net/trading-nokenbot-terms-and-conditions/