Last update: April 24, 2023
VITAL NETWORK, a simplified joint-stock company with share capital of €1,000, registered with the RCS of PARIS under number 919 842 344, registered as an Intermediary in Participatory Financing (IFP) with ORIAS under number 23001496, whose registered office is at 78, avenue des Champs Elysées 75008 PARIS, France (hereinafter referred to as "the Company") publishes and runs a website under the Vital dApp brand, accessible on the Internet at the address http://www.vital-dapp.com (hereinafter referred to as "Vital dApp", "Vital or “the Site”), with the purpose of:
to allow Project Holders to submit on Vital dApp one or more Projects for which they are seeking a contribution financial means to achieve it;
to present Projects or Collections in search of funding to Internet users;
to provide an intermediation service between Project Holders and Contributors via the Site managed by the Company for the purpose of facilitating their interaction and promoting the Projects presented on Vital dApp;
to offer Internet users the opportunity to become a User of the Site and to financially support or several Projects by paying a Contribution;
Vital dApp acts as an intermediary between Internet users who wish to participate in the financing of the Projects and the Holders Projects seeking a financial contribution to finance their Project.
The purpose of these General Conditions is to define the terms and conditions for the provision of these Services to users of the Site.
The use of Vital dApp or the services offered on Vital dApp implies full acceptance of these General Conditions of Use by Users including the stipulations of the Community Guidelines, the Vital dApp Community charter and the elements provided in the FAQ.
The definitions below have the same meaning whether used in singular or plural.
"Bank Card" means a payment or credit card, valid, subject to their acceptance by Vital dApp (Visa, MasterCard, CB).
“Campaign with Rewards” designates a collection mode in which Rewards are offered by the Project Holder to Contributors, in exchange for their Contribution. If this collection method is chosen, a Funding Objective must be defined by the Project Holder, as well as a Collection Period. This collection mode works on an all or nothing basis: the funds collected are only paid back to the Project Holder if the Funding Objective has been reached or exceeded at the end of the Collection Period.
"Donation Collection" means a Collection mode without anye counterpart to the Contributions paid by the Contributors. In this collection mode, the funds collected are immediately acquired by the Project Holder.
"Commission" means the remuneration due to the Company and deducted from the Contributions collected by the Project Holder in return for the intermediation service rendered.
"Personal Account" refers to the User's personal space on the Site. This space is accessible only by entering the Login IDs, and allows access to the Services provided by the Company. It also allows the User to view and modify their own personal data.
"General Conditions" means the present general conditions of use of the Site applicable to Visitors which can be consulted on the Site by any Visitor and to which these Visitors must adhere in order to become a User.
“Consideration” means, where applicable, the consideration(s) that may be offered by the Project Owner to the Users, in exchange for their Contribution to the Project. The Counterparty(s) linked to a Project will be defined on a case-by-case basis on the Site, at the sole discretion of the Project Owner creating the Project.
"Contribution" means any sum in cash collected by the Project Holder through the intermediary of the Site in with a view to financing one or more Projects proposed on the Site.
"Intellectual Property Rights" means all intellectual property rights as provided by the Code intellectual property rights and national conventions and, in particular, copyright, neighboring rights of performers and phonographic and video graphic producers, trademark law, patents, trade names (including Internet domain names and e-mail address names), copyrights, moral rights, rights in all models, rights in all databases, know-how, whether registered or not or which may or may not be registered and subsisting in any part of the world.
"Forum" refers to all discussion areas, forums, comments offered by the Site to Users .
"Identifier" designates the data necessary for the identification of a User by the Issuer consisting of a User (valid email address) and a password.
"Business Day" means a calendar day excluding Saturdays, Sundays, and public holidays in Metropolitan France.
"Financing Objective" refers to the total amount of Contributions sought by the Project Holder for the realization of a Project and open to collection from Users through the intermediary of the Site, and collecting funds with the Campaign mode with Counterparties. This financing objective can be expressed, according to the choice of the project leader, either in the form of a monetary objective, or in the form of an objective in terms of the number of Contributions to be obtained on the Project.
"Party" means, as the case may be, the Company and/or any User who has accepted the application of the General Conditions, and "Parties" means all of them.
"Collection period" means for each Project, the duration during which Users can make Contributions by the intermediation of the Site for a given Project.
"Project Holder" or "Project Creator" means any natural or legal person registered on the Site with the aim of presenting and promoting one or more Projects that will be carried out with the support of Contributions collected through the intermediary of the Site from Users.
"Project" means any for-profit or non-profit initiative carried out by a Project Holder and published on the Site in accordance with the General Conditions of Use.
"Service(s)" refers to all Services, paid or free poffered on the Site.
"Company" refers to Vital dApp, a simplified joint-stock company with share capital of €293,478, registered with the PARIS RCS under number 794 710 830, registered as an Intermediary in Participatory Financing (IFP) with ORIAS under number 17003008, whose registered office is at 78, avenue des Champs Elysées, 75008 Paris, France.
"Transaction" means a transaction concluded by a User under the conditions referred to in the General Conditions of Use of the Site and giving rise to Payment Transaction.
“Vital dApp” or “the Site”: refers to the community site accessible on the Internet at the address https://www.vital-dapp.com, exclusive property of the Company, the purpose of which is in particular to allow Project Holders to promote their Projects and Users to provide financial support for these Projects, through the Contributions made through the Site.
"User" means a User who has registered on the site and/or who wishes to support a or more Projects offered on the Site by making one or more Contributions to one or more Projects.
"User" means together the Project Holders and the Users registered on the Site on condition of having previously adhered to the General Conditions.
"Visitor" means any person who visits the Site to consult the content and information published on the Site without being registered there or prior to registering on the Site as a User.
These general conditions of use ("hereinafter the General Conditions") apply, without restriction or reservation, to all the Services offered by the Company on its Site, accessible in particular at the address www.vital-dapp.com, except for specific conditions applicable to certain Services.
These General Conditions prevail over all other general or specific conditions not expressly approved by the Company. The subscription to Services is reserved only for Users who have previously read the General Conditions of Use in their entirety and who have accepted them without reservation.
The User declares and acknowledges having read the General Conditions of Use in their entirety.
These General Conditions of Use take effect from their publication on the Site and remain in force until their partial or total modification by the Company.
The General Conditions of Use are updated on a regular basis, and are therefore subject to change. Given in particular the possible extensions and improvements to the operation of the Site, the Company reserves the right to adapt or modify at any time the scope of the services offered through the Site. The Company reserves the right to unilaterally modify the General Conditions of Use at any time, without notice.
The new features will be posted on the Site in order to be brought to the attention of Users, and Project Holders. It is therefore up to the User to consult and accept the General Conditions of Use at the time he makes a Contribution, in particular in order to ensure the provisions in force. Each use of the Services offered on the Site by Users constitutes acceptance of the latest version of the General Conditions of Use published on the Site.
Registration is done by completing an online form. Once the form recompleted and validated. When registering, the User or the Project Owner undertakes to provide accurate data, and is required to complete all the mandatory fields appearing in the registration form.
The natural person User must be of legal age and must have the capacity to contract.
The representative of the legal person User certifies to hold all the rights necessary for the conclusion of the present in the name of the legal person he represents.
The Company reserves the right to refuse registration to any User who does not meet the conditions of good character, or which would be in keeping with the values and ethics that the Company strives to convey, without the latter being required to justify this refusal. The Company is the sole decision-maker of the registrations it accepts, without any possible appeal or compensation of any kind.
The User agrees not to create or use accounts other than the one initially created, whether under its own identity or that of a third party. Any derogation from this rule must be the subject of an explicit request from the User and an express and specific authorization from the Company. The fact of creating or using new accounts under its own identity or that of third parties without having requested and obtained the authorization of the Company may result in the immediate suspension of the User's account and of all the associated services.
The User guarantees that the information he communicates via the Site is accurate, sincere and complies with reality. He undertakes to inform the Company without delay in the event of any modification of the information communicated at the time of registration and, if necessary, to make these modifications himself within his personal space.
Upon creation of his account, the User will choose or will be assigned a username and password (hereinafter "Identifiers") allowing him to access his personal space. These identifiers are personal and confidential. They can only be changed at the request of the User or on the initiative of the Company.
The User is solely and entirely responsible for the use of the Identifiers concerning him and undertakes to make every effort to keep its Identifiers secret and not to disclose them to anyone, in any form whatsoever and for any reason whatsoever.
The User will be responsible for the use of his Identifiers by third parties or actions or statements made through his personal User account, whether fraudulent or not and guarantees the Company against any claim in this respect.
Furthermore, the Company having no obligation and not having the technical means to ensure the identity of persons registering on the site, it is not responsible in the event of usurpation of the User's identity. If the User has reason to believe that a person is fraudulently using identification elements or his account, he must immediately inform the Company.
In the event of loss or theft of one of the Identifiers concerning him, the User is responsible for any harmful consequence of this loss or theft, and must use, as soon as possible, the procedure allowing him to modify them.
In the event that he becomes aware of another person's access to his Personal Account , the User will immediately inform the Site manager by e-mail at the address email@example.com, and will confirm this information by registered mail to the following address: Vital Network, 78, avenue des Champs Elysées, 75008 Paris.
A use of the site which would be fraudulent, or which would contravene these General Conditions, will justify the refusal to the User, at any time, access to the Services or other features of the Site.
The Site allows Users who so wish to present their Project(s) in order to disseminate , promote and finance a Project on the Site.
The Company acts as a technical intermediary by providing the Project Owner with an online platform allowing him to finance, disseminate and promote his Project on a web page or a set of pages dedicated to said Project.
3.2 Presentation of Projects
Project Holders who wish to promote their Projects and obtain financing, submit to the Company, for the publication on the Site, a presentation detailing the nature, objectives, main characteristics and progress of the Project(s) they intend to develop with the support of Users.
In order to be accepted by the Company for posting on the Site, the Holder of Projects undertakes to provide a clear and precise description of the Project. Several methods of collection are possible on the Site. If he has chosen to carry out a Campaign with Counterpart, he must also provide the minimum amount that the Contributions must reach for the Project to be considered financed, the Collection Period as well as the Counterparts he proposes.
The characteristics and parameters of the Project are subject to the prior acceptance of the Company without obligation to justify its refusal and without in any way guaranteeing the User on the success of the Project or the authenticity of the information presented by the Project Holder. Indeed, the selection of content is essentially intended to verify the consistency and quality of the Project and is not intended to control the viability, feasibility or authenticity of the proposed Project.
For example, the Company will systematically refuse fanciful Projects, lacking in seriousness, detached of any concrete reality and doomed to failure.
Once posted on the Site, the Projects can no longer be modified except to make corrections whose sole purpose is to improve the achievement of the objectives pursued by the Project.
The Project Developer is entirely responsible for the content of the presentation of the Project published on the Site and must s ensure in particular that this presentation cannot mislead Users.
The Project Developer acknowledges that the provision of misleading, incomplete or erroneous information is likely to engage its responsibility towards the Company and the Users and assumes full responsibility for the consequences resulting from any omission or negligence in this regard.
In the event of the Project Holder's death, incapacity, accident or any other event making it unable to carry out its Project, the Company is authorized to suspend the collection in progress. More generally, the Company may at its discretion cancel a collection in progress and delete a Project as soon as it is found that the Project Holder is in breach of thex present.
In this case, all registered Contributions would be immediately cancelled, the Users concerned reimbursed and the Project Holder could not claim to recover the sums collected.
The Project Holders acknowledge that they are firmly determined to implement all means to materialize their Projects if they succeed in collecting the necessary Contributions.
They are invited to update their Projects regularly and to share information with other Users concerning current events of their Projects and their implementation.
They undertake to keep their Users informed of the major progress of their Projects, even after the expiration of the Collection Period.
As part of the management of the Company's Projects and marketing operations, the Company is required to promote Projects, the Services, the Site and/or the Company.
The Project Holder hereby agrees that the content and information provided may be used freely by the Company for purposes of promoting the Project.
Thus, the Project Holder concedes to the Company exclusively and free of charge, for the whole world and for the duration hereof, the rights as specified below, in order to allow the Company to provide the Service in the form of broadcasting on the Internet, on mobile telephone networks and/or on any other current open communication network to the public.
As such, the Project Owner grants the Company the right, in particular:
to use, within the framework of its communication and the promotion of the Site, its name as well as the name and characteristics of the Project;
the right to reproduce and have reproduced the content and information provided on the Site on any network, by any process, in any known or unknown form, in association or not with other works of any kind whatsoever, provided that these operations are carried out in relation to the promotion of the Project;
represent or have represented all or part of the contents of the Project;
to adapt or have adapted all or part of the contents of the Project.
The Project Developer also expressly authorizes the Company to promote and/or advertise the Project , and to disseminate with the contents of advertising, commercial and/or promotional messages relating to products or services of third parties.
The Project Developer also expressly accepts that the content and information provided be used on the Site with the presence trademarks or logos of the Company's partners.
The Project Developer undertakes to fulfill all its obligations vis-à-vis Users, in particular to carry out the Project as initially defined and, if he has offered Considerations, to provide the Considerations described in the Project.
When they offer Considerations, the Project Holder is invited to ensure that it will be able to provide the Counterparties that it offers to Users at the end of the open collection for the financing of their Project. The Counterparties can be of any nature other than financial (personal creations, works, partnership offer, invitations, etc.).
Project Owners undertake not to offer or provide any Illegal Consideration and in particular to sexual, racist, discriminatory, defamatory, abusive, xenophobic, inciting violence, violating the imageof third parties, infringing public order or morality, contrary to the law, violating professional secrecy, ownership and the rights of trademarks, patents or any other intellectual or industrial creation belonging to third parties, dangerous or falsified .
In the event that the Project Developer cannot remunerate the Users of the promised Counterparties, he undertakes expressly to reimburse them in full and accepts that the Company cannot under any circumstances assist it in this process.
The Project Developer expressly acknowledges that he is solely responsible for the administrative, accounting, tax and relating to the Project, including sums received through the Company.
The Company is not responsible for the actions of the Project Holders who remain solely responsible for the terms which bind with Users in the context of the collection of Contributions through the intermediary of the Site. Project Developers are responsible for the Contributions they receive through the Site and any Counterparties they offer in the context of the Projects presented on the Site.
Therefore, the risks involved in the development and running of a Project, such as postponements and the possible cancellation of a Project, are entirely and exclusively the responsibility of the Project Holders.
Project Owners may arrange refunds at their sole discretion. The Company is not responsible for refunds that take place or not on collections of Contributions.
The Project Holder agrees not to offer his Project or any other related Project on any other site or crowdfunding internet platform.
Users are completely free of the amount and allocation of their Contributions.
For Projects that offer Compensation, Users are free to choose the Compensation they wish to receive from among those proposed by the Project Developer, it being specified that the amount of the Contribution paid must be equal to or greater than the value of the Counterparty chosen.
By accepting these presents, the User declares that the source of the funds used by him on the Site does not is not illegal and agrees not to use it for any illegal or fraudulent activity, including money laundering.
It is recalled here that the Company is only an intermediary between the Project Holder and the User within the framework of the promotion of a Project, in particular by making available to the Project Holder and the User its Services and the Site.
Consequently, the User will not be able to seek the responsibility of the Company in the event of failure of the Project Holder , whether this failure concerns a delay in the completion of the Project or the delivery of the Counterparts, a cancellation or inability to carry out the Project for any reason whatsoever, or non-delivery of the Counterparts, or one or more Counterparts not conforming to the description given by the Project Owner or the expectations of the Contributor.
It is specified that the Company does not collect commissions from Users on the Contributions collected. The commissions that the Company takes are in fact the responsibility of the Project Holders only.
Payment of the Contribution will be made using one of the payment methods offered for the Project concerned, which may be, for example, the bank card and/or any other means of payment already offered on thee Site or which will be integrated into the service in the future.
For payment and fundraising flows in a currency other than the euro: payments and collection of funds denominated in a currency other than the euro are carried out using the Stripe Connect payment system. By using the payment system offered on the Site to make a payment or collect funds in a currency other than the euro, you therefore accept the conditions of use of Stripe Connect. The full Stripe Connect terms of service can be found here: https://stripe.com/connect/account-terms
4.3.1 Projects that work in “Campaign with Rewards” mode
220.127.116.11 Payments by credit card via the Stripe Payment Service Provider (payments in euros)
For payments made in euros, Vital dApp uses the services of the Payment Service Provider Stripe. For these transactions, the Contribution is immediately debited from the User's bank account.
If the Contribution was made on a Project that operates in the Campaign with Counterparties, the User can decide s he wishes to cancel his Contribution before the expiry date of the Collection Period. In this case, the amount of his Contribution is automatically re-credited to his bank account, an operation which takes on average 2 to 5 days once the cancellation has been confirmed.
If at the end of the Collection Period the Funding Goal has not been reached, the User's Contribution is then re-credited to his bank account.
If at the end of the Collection Period the Funding Goal has been reached or exceeded, the Contribution of the User is transferred to the bank account of the Project Holder and can no longer be reimbursed to the User who made the Contribution via the system set up by the Company and its partner Stripe.
In the event of a dispute, the User must then act against the Project Holder.
18.104.22.168 Payments by credit card via the Stripe Payment Service Provider (payments in another currency than the euro)
For payments made in a currency other than the euro, Vital dApp uses the Service Provider of Stripe payment. For these transactions, the Contribution is not immediately debited from the User's account. A payment authorization is recorded, which will only be executed if the Funding Goal has been reached, once the Collection Period has ended.
If the Contribution was made on a Project that operates in the Campaign with Counterparties, the User can decide s he wishes to cancel his Contribution before the expiry date of the Collection Period. In this case, the amount of his Contribution will never be debited.
If at the end of the Collection Period the Funding Goal has not been reached, the User Contribution is not debited.
If at the end of the Collection Period the Funding Goal has been reached or exceeded, the Contribution of the User is debited and transferred to the bank account of the Project Holder and can no longer be reimbursed to the User having made the Contribution via the system set up by the Company and its service provider Stripe.
In the event of a dispute, the User must then act against the Project Holder.
4.3.2 Projects that operate in “Donation Collection” mode
22.214.171.124 PaPayments by credit card via the Payment Service Provider Stripe (payments in euros)
For payments made in euros, Vital dApp uses the services of the Payment Service Provider Stripe.
For Projects that collect in “Donation Collection” mode, the Contribution by credit card is immediately debited of the Contributor's account and is immediately credited to the Collected Funds of the Collection concerned, and can therefore no longer be reimbursed to the Contributor.
In the event of a dispute, the Contributor must then take action against the Project Owner.
126.96.36.199 Payments by credit card via the Stripe Payment Service Provider (payments in another currency than the euro)
For payments made in a currency other than the euro, Vital dApp uses the Service Provider of Stripe payment.
For Projects that collect in “Donation Collection” mode, the Contribution by credit card is immediately debited of the Contributor's account and is immediately credited to the Collected Funds of the Collection concerned, and can therefore no longer be reimbursed to the Contributor.
In the event of a dispute, the Contributor must then take action against the Project Owner.
Access to the Site is free.
The Company receives a commission on the funds collected by the Projects of the Project Holders. The payment of this commission is deducted directly by the Company from the amount of the sums collected through the intermediary of the Site during the payment to the Project Holder.
For Projects that collect in Campaign mode with Rewards, the commission on the collected funds is due only for Projects that have reached or exceeded their Funding Objective at the end of the Collection Period. It is invoiced at the time of the transfer of the Collected Funds.
For Projects that collect in Fundraising mode, the commission on the funds collected is due regardless of the amount reached. It is invoiced at the time of the transfer of the Collected Funds.
The commission remunerating the Services provided by the Company is calculated as a percentage of the amount of the Contributions collected by the intermediation of the Site. The applicable percentage varies depending on the method of payment and the volume of funds collected and the currency in which the funds are collected.
For Project Holders raising funds through free donations, the following pricing is applicable:
Range from $0 to $5,000 of funds raised: 2.1% commission excluding tax;
Range from $5,001 to $100,000 of funds raised: 1.5% commission excluding tax;
Funds raised over $100,000: 0.9% commission excluding tax;
For Project Holders raising funds with consideration, the following pricing is applicable:
Commission of 3% excluding VAT regardless of the amount collected;
VAT is applicable at the rate in effect on the day the transfer of funds collected is made, and depends the location of the project leader. The services provided by the company Vital Network are considered in the community sense as being electronic services, the VAT rate applicable when the Project Holder is an individual therefore depends on his location.
Since January 1, 2015, services delivered electronicallyelectronics are taxable at the place of consumption when these services are provided by taxable persons, established or not on the territory of the European Union (EU), to non-taxable persons ("consumers") having their domicile or habitual residence in the EU territory. The provision of electronic services is thus taxable at the VAT rate in force in the Member State where the consumer is domiciled (for example 20% for a particular Project Holder based in France, which leads to a commission rate of 8% Including tax for funds collected by credit card of less than €100,000).
This repayment is made within a maximum period of 12 working days following the expiration of the Collection Period , as soon as the Project Holder has indicated all the information necessary for the payment of the sums (bank details in particular) and provided all the identification data necessary for the payment of the funds (RIB, copy of identity document, etc).
It is the responsibility of each User to pay any applicable tax or associated tax, whether on the Contributions collected through the intermediary of the Site as a Project Holder, or on the Contributions made by the Users as support for the Project.
The Company can in no way replace them for this purpose or even advise them on the nature and details of their obligations.
Project Owners are responsible for establishing and directly transmitting to Users any tax receipts attesting to donations made through the Site.
It is up to each User to verify their eligibility to benefit from tax deductions on all or part of the Contributions made through the intermediary of the Site, in accordance with the provisions of French law in force.
Any complaint relating to the production of said tax receipts and the information contained therein must be addressed directly by the User to the Project Holder.
The User or the Project Holder is prohibited from posting any content likely to mislead other users of the site, or constituting a false statement. He alone engages his responsibility with regard to other users, for the damage suffered by the latter due to the inaccurate or misleading nature of this content.
The User or the Project Owner must ensure that he holds the rights, in particular to intellectual property necessary for the publication of the content it disseminates.
The Company declines all responsibility resulting from the possible violation of the rights of third parties.
Users and Project Owners are solely responsible for the content and data they put online on the Forums and the comment areas and undertake that the information published does not violate any legal or regulatory provision in force. In particular, the User, or the Project Owner is prohibited from posting any manifestly or potentially illicit content, whatever the medium (sounds, texts, images, videos, etc.)
The Company does not exercise upstream moderation on messages and content posted by Users , or the Project Owners, or to which the Site is likely to refer. It acts as a host within the meaning of Article 6 I 2° of the LCEN, and as such engages in a simple storage activity.
All Users must report any illegal or manifestly illegal content to the Company by email to the address privacy @vital-dapp.com.
Under the conditions and limits of the applicable regulations, the Company reserves the right to delete immediately, without prior notification and without compensation, any illegal or manifestly illegal content of which it becomes aware, as well as the Personal Account of any User or Project Holder who may have published the illegal content.
These General Conditions of Sale and Use apply for the entire duration of use of the Site and until the account is closed for any reason.
Certain data may be collected through cookies and similar technologies on the Internet. The Company invites you to consult its Cookies Policy accessible via the following link: https://vital-dapp.com/fr/regulatory/cookies-policy.
To use the Services, the User must have equipment, software and settings necessary for the proper operation of the Site. The User must have the skills, hardware and software required to use the Internet. The User declares that he knows perfectly the characteristics and constraints of the Internet.
Given the specificities of the Internet network, the Company offers no guarantee of continuity of service, n being bound in this regard only by an obligation of means.
The Company cannot be held liable for damages related to the temporary impossibility of access one of the services offered by the Site.
Any delay, suspendtion or cancellation in the dissemination of the Project due in particular to technical failures inherent in the operation of the Internet network, external to the Company and independent of its will, cannot justify a refusal of payment whatsoever on the part of the User. , nor open the right to compensation of any kind and in any form whatsoever.
The Company cannot be held responsible for non-functioning, inability to access , or poor conditions of use of the Site attributable to unsuitable equipment, internal malfunctions of the User's access provider, in the event of improper use of the Site or services by the User or congestion Internet network in particular.
The Company assumes no responsibility for any damage or loss related to the use or inability to use the Site or its content, except as provided by law.
It is understood that the content of the Site is not fixed.
Also, all the information contained on the Site is subject to change at any time, taking into account the interactivity of the Site, without this being able to engage the responsibility of the Company.
The Company has an obligation of means for the provision of the Services. It therefore disclaims all liability for any unavailability, suspension or interruption of the Site or Services that may occur in the context of maintenance operations, upgrading of hardware or software, emergency repairs of the Site or as a result of circumstances beyond its control (for example, but this list is not exhaustive, in the event of technical damage or failure of telecommunications links and equipment).
The Company strives to take appropriate measures to limit these disturbances insofar as they are accountable.
Furthermore, the Company cannot be held liable for indirect or unforeseeable damage within the meaning of Articles 1150 and 1151 of the civil code.
In accordance with article 1992 of the Civil Code, the liability of the Company can only be sought in the event of fraud or faults committed in its management.
Once this information is published, the Company cannot be held responsible for the consequences of this disclosure.
Once this data is communicatednicated, the Company cannot be held responsible for the consequences of this disclosure.
The information provided by a User, User or Project Holder must be sincere, accurate and in accordance with the reality. The consequences of their disclosure on their life and/or that of third parties are the exclusive responsibility of the User, User or Project Holder concerned.
It is recalled that the User takes the initiative to disclose and distribute information on the Site , data, texts, content, photos, videos concerning him. Also, the User assumes full responsibility and waives all recourse against the Company, in particular on the basis of the infringement of his image rights, his honor, his reputation, the privacy of his privacy, resulting from the dissemination or disclosure of information concerning him, subject to the legal provisions of public order.
The Company does not warrant that the information presented is detailed, complete, verified or accurate. The documents, information, descriptive sheets, and, in general, any content present on the site are provided "as is", without any express or tacit guarantee of any kind.
The Company cannot be held responsible for the inaccuracy of the information and content provided by other Users , visitors to the Site and/or the User himself.
Furthermore, the Company cannot be held responsible for content disseminated by a User that may contravene the rights of one or more other Users or to third parties.
Because of its role limited to intermediation, Project Holders and contributing Users recognize and expressly accept that the Company cannot under any circumstances and in any way whatsoever be held responsible for the Projects and in particular for their presentation, their progress, their delays or cancellations, the delivery or not of the Counterparties.
The Company is not responsible for the actions or omissions of the Project Holders who remain solely responsible for the entirety of the terms and conditions of execution of the Project vis-à-vis the Users.
Users must therefore address all their questions or complaints to Project Owners only.
The Project Owner guarantees and undertakes to indemnify the Company against any damage suffered by the latter, as well as to protect it against any action for liability that would be brought against it by a User or, more generally, by a third party, for the violation of any right whatsoever resulting from the publication and the realization of the Project on the Website.
Similarly, the Company assumes no obligation to provide advice hereunder. Also, the Company can in no way be held responsible for the consequences of User Contributions. In particular, the Company intervenes only in a limited way with Project Holders in order to assist them in the presentation and promotion of their Projects.
The Company disclaims all liability in the event that a dispute arises between Users and/or Visitors and/or Project Holders contacted on the Site.
The Site contains links to third party websites.
The linked sites are not under the control of the Company, and the Company is not responsible of the contents of these linked sites. The Company provides these links as a convenience, and a link does not imply that the Company endorses or recommends the linked site in question or that the Company endorsesaffiliated with this one.
The Linked Sites are owned and operated by independent resellers or service providers and as such , the Company cannot guarantee that the User will be satisfied with their products, services or business practices.
It is the User's responsibility to make any checks that he deems necessary or appropriate before proceeding with a any transaction with any of these third parties.
9.1.1 Ownership of the Site and its contents
Trademarks (notably Vital dApp) as well as derived logos are the intellectual property of the Company.
More generally, all rights, economic and moral, of intellectual property, relating to the content and elements information on the site belong to the Company, subject to any proprietary rights that may belong to a third party and for which the Company has obtained the necessary assignments of rights or authorizations.
The rights granted to the User for the use of the Site and the services provided by the Company do not imply any assignment or authorization to exploit or use any of the elements of the site.
All elements of intellectual property, and in particular trademarks, designs, texts, hypertext links, logos, images, video, sound elements, software, layout, databases, codes…etc. contained on the Site and in associated sites are protected by national and international intellectual property law. They remain the exclusive property of the Company and/or its partners.
Therefore, except with the prior written authorization of the Company and/or its partners, the User cannot carry out any reproduction, representation, republication, redistribution, adaptation, translation and / or partial or complete transformation, or a transfer to another site of any element composing the Site.
Users are authorized to reproduce the Vital dApp logo on third-party websites, but only in order to promote their Project and/or the Vital dApp site.
The User acknowledges and acknowledges that failure to comply with this prohibition constitutes an act of infringement reprehensible both civilly and criminally.
9.1.2 Database producer rights
The Company is the producer of the database constituted by the Site within the meaning of articles L.341 -1 and following of the Intellectual Property Code. Any extraction or use of the content of the database not expressly authorized may incur the civil and/or criminal liability of its author.
The Company reserves the right to take legal action against persons who do not would not have respected this prohibition.
The User grants the Company a license to use the intellectual property rights attached to the content provided by the User concerned for the purpose of dissemination on the Site.
This license notably includes the right for the Company to reproduce, represent, adapt, translate, digitize, use or sublicense the content concerning the User (information, images, videos, description, search criteria, etc.) on all electronic communication media as part of the provision of its Services.
This license notably authorizes the Company to present the projects on partner sitess, or to authorize partner sites to recover the data of these projects in order to present them on their own online or offline communication media.
The User expressly authorizes the Company to modify said content in order to respect the graphic charter of the Site or other communication media referred to above and/or to make them compatible with its technical performance or the formats of the media concerned.
These rights are granted worldwide and for the entire duration of the execution of these General Conditions between the User and the Company.
The User is also prohibited from copying, reproducing, or otherwise using the content relating to other Users other than for the strict needs of using the Services for personal and private purposes.
Without this creating an obligation to verify the content, accuracy and consistency content, the Company is entitled to refuse, in accordance with press and publication practices, the insertion of a Project.
The Company is free to delete or modify, before or after its dissemination, any content on the Site which would not be in relation with the normally expected content, the editorial line of the Site or disrespectful of the laws and regulations in force.
To this end, the Company is entitled to carry out electronic monitoring to identify contentious content and to take sanctions against its author, in particular his exclusion.
The Company reserves the right to suspend or limit access to the services subscribed by the User after having informed the interested party by any means in the event of non-performance by the User of one of his obligations under these General Conditions of Use.
Thus, without prejudice to the provisions of Article 12 "Termination", in the event of breach by a User to any of its obligations, the Company reserves the right to block any Project or content of the User concerned, to delete contentious messages or content whatever their nature, to prevent the publication of all or part of the Project, and/or to block its access to all or part of the Services, temporarily or permanently, without consideration or reimbursement and without prejudice to the recourse that may be exercised against the User.
In the event of suspension and whatever the cause, the Company reserves the right to not reimburse, as a penalty clause, all or part of the amounts credited and that it deems necessary to repair the damage, whatever its nature, that it may have suffered.
The Company cannot be held liable if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by the case law of the French Courts and in particular, without this list being exhaustive, natural disasters, fires, the blocking of means of transport for any reason whatsoever either ; total or partial strikes, internal or external to the company, the lock-out of the company; the blocking of telecommunications or computer networks by any means whatsoever (power failure, computer virus, etc.), governmental or legal restrictions.
The User or the Project Holder may request the termination of their account at any time, either directly via its user interface, either by email to the address firstname.lastname@example.org, or by post addressed to Vital Network, 78, avenue des Champs Elysées, 75008 Paris, France.
TheseGeneral Terms and Conditions of Use may be terminated by the Company subject to compliance with a notice of one (1) month.
Furthermore, in the event of non-performance or non-compliance by the User with any of the obligations and stipulations provided for herein, the Company may modify, suspend, limit or cancel access to the Site within fifteen (15) days of a formal notice sent to the User which has remained unsuccessful, without that the latter cannot claim any compensation whatsoever, without prejudice to the damages that the Company would be entitled to claim to repair the damage suffered.
In the event of a serious breach of any of the provisions of the General Conditions of Use, the Company will be justified in terminating the User's account without notice or formal notice, without any compensation and without prejudice to the damages that the Company would be entitled to claim to repair the damage suffered.
In the event of termination, the Projects during the Collection Period may then be stopped and the Contributions relating thereto give rise to reimbursement of the Contributors concerned.
The correspondence exchanged between the Company and the Users is essentially carried out by e-mail. Also, in application of articles 1316 and following of the Civil Code, the User acknowledges and accepts that the information delivered by the Company by e-mail and on the Site is authentic between the parties and receives the same probative force as a handwritten document.
Unless expressly stipulated otherwise, notifications between the parties hereto are made by e-mail.
Notifications are deemed to be received 24 hours after the email is sent, unless the sender is notified of the invalidity of the email address.
By express agreement between the parties, these General Conditions of Use and the operations arising therefrom are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
In case of difficulty or dispute between the parties on the occasion of the interpretation, execution or termination of these General Conditions of Use, the parties must do their best to resolve it and agree to seek an amicable solution in the spirit of these General Conditions of Use.
In the event of a dispute, you can send a written complaint to our Customer Service, by e-mail: email@example.com or by mail addressed to the following address: Vital dApp, Service Client, 10 rue de Penthièvre 75008 Paris, France.
If you are not satisfied with the response provided by our Customer Service, or in case of absence of response within 2 months, you can contact our Mediator - MEDIAFRAMA, for any complaint lodged during the last twelve (12) months, electronically: www.mediaframa.com or by mail addressed to the following address:
Mediaframa Mediator 41, Rue Simon Vollant Cessoie Business Park Building B 59130 LAMBERSART
The solution proposed by the Mediator is not binding on the parties, who remain free at all times to exit from the Mediation process.
The mediation of consummation:
only applies to individual contributors;
is limited to relations between funders and platforms (excluding relations with a project leader or a Payment Service Provider)
In the absence of an amicable solution, the most diligent party will seize the competent Courts.
BEING SPECIFIED THAT ANY DISPUTE WITH A USER ACTING AS A MERCHANT AND ONLY ON THE OCCASION OF THE THE INTERPRETATION, EXECUTION OR BREACH OF THESE GENERAL CONDITIONS IS WITHIN THE JURISDICTION OF THE COMMERCIAL TRIBUNAL OF PARIS.
In the event that one or more stipulations contained in the General Conditions of Use are declared void , the validity of the other stipulations hereof is in no way affected.
The stipulations declared void will, in accordance with the spirit and object hereof, be replaced by other valid stipulations, which, having regard to their scope, approach to the fullest extent permitted by law, the stipulations declared void.
The fact that the Company does not avail itself, at one time or another, of a of the provisions of these General Conditions of Use cannot be interpreted as a waiver by the Company to avail itself of them later.
The Company reserves the right to assign to any third party of its choice all or part of its rights and obligations under these General Conditions or to replace any third party for the execution of these, which the User accepts without reservation.
The User is informed that the Site is published by Vital Network, a simplified joint stock company capital of 1,000 Euros, registered with the PARIS RCS under number 919 842 344, registered as an Intermediary in Participatory Financing (IFP) with ORIAS under number 23001496, whose registered office is at 78, avenue des Champs Elysees 75008 Paris, France. Individual tax identification number (intra-community VAT number): FR40919842344. Our services can be reached via user support, at the email address firstname.lastname@example.org.
The Publication Director of the Site is Mr. Fabrice MUT, whose email address is fabrice@vital -dapp.com
The Site is hosted by the DigitalOcean Company whose contact details are as follows:
DigitalOcean, whose registered office is at 101 Avenue of the Americas, 10th Floor, New York, NY 10013 USA.
DigitalOcean Terms and Conditions: https://www.digitalocean.com/legal/terms-of-service-agreement
The contact email for any complaints regarding the Site and/or its Content is privacy@vital- dapp.com