GENERAL TERMS AND CONDITIONS OF USE

1. Object

Studely provides, through its web and mobile application, a service to assist students (hereinafter: the "Users") in the accomplishment of their expenses inherent to their student life. The application is available on the Internet and on mobile devices.

The purpose of these general conditions is to define the terms and conditions of use of the services offered on the Application (hereinafter: the "Services"), as well as to define the rights and obligations of the parties in this context.

They are accessible and printable at any time, by means of a link located in the Application, allowing them to be displayed on a stand-alone web page. They may be supplemented, if necessary, by specific terms of use for certain Services, which supplement these general terms and conditions and, in the event of contradiction, prevail over them.

2. Operator of the Application and Services, contactEOperator of the Application and Services, contact

The Application and the Services are operated by the company Studely, (hereinafter: "Studely").

Studely has a status :

  • of agent of Payment Service Provider mandated by Treezor and governed by the French Monetary and Financial Code, registered in the register of intermediaries in banking operations and payment services underN°16005471 (can be consulted on the site of Orias, www.orias.fr) and having subscribed to a civil liability insurance (policy N°RCPIOB3542) and a financial guarantee (policy N°GFIIOB3542) with the insurer CGPA ( www.cgpa.fr), pursuant to articles L.519-3-4 and R.519-16-17 of the Monetary and Financial Code. Studely operates under the supervision of the Autorité de Contrôle Prudentiel et de Résolution (ACPR) - 4 Place de Budapest - 75436 Paris
    ), pursuant to articles L.519-3-4 and R.519-16-17 of the Monetary and Financial Code. Studely operates under the supervision of the Autorité de Contrôle Prudentiel et de Résolution (ACPR) - 4 Place de Budapest - 75436 Pariswww.orias.fr) and having subscribed to a civil liability insurance (policy N°RCPIOB3542) and a financial guarantee (policy N°GFIIOB3542) with the insurer CGPA (www.cgpa.fr), pursuant to articles L.519-3-4 and R.519-16-17 of the Monetary and Financial Code. Studely operates under the supervision of the Autorité de Contrôle Prudentiel et de Résolution (ACPR) - 4 Place dewww.cgpa.fr), pursuant to articles L.519-3-4 and R.519-16-17 of the Monetary and Financial Code. Studely operates under the supervision of the Autorité de Contrôle Prudentiel et de Résolution (ACPR) - 4 Place de Budapest - 75436 Paris

STUDELY can be contacted at the following address:

Telephone : 00331 80 88 90 77 Mail : contact@studely.com

3. Access to the Application and Services

The Application and Services are accessible to:

  • To any natural person with full legal capacity to enter into commitments under these Terms and Conditions. The natural person who does not have full legal capacity can only access the Application and the Services
    with the agreement of his legal representative exercised through Studely

The Application and the Services are exclusively intended for students from their country of origin or after their arrival in Europe in the framework of their studies and having to pay for expenses related to student life.

4. Acceptance of the general conditions

Acceptance of these terms and conditions by Users is evidenced by an electronic signature during the registration process.

This acceptance can only be full and complete. Any conditional acceptance is considered null and void. Users who do not agree to be bound by these terms and conditions should not download the Application or use the Services.

These GTC are concluded between the Client and STUDELY for an indefinite period

STUDELY acknowledges that all Clients adhere to the GCU at a distance and therefore have a withdrawal period of 14 calendar days from the date of subscription under the provisions of Articles L. 222-1 to L. 222-18 of the
Consumer Code.

5. Registration on the applicationI

In order to use the Services, Users must register on the Application under the following conditions.

5.1

Users may register by any means that STUDELY makes available to them, including via the website www.studely.com .

To register, Users must fill in a registration form, providing all the information required to prove their identity. They must provide all the information marked as mandatory.

Users must also provide the number of the cell phone on which they downloaded the Application. This number will serve as their identifier.

Once Users have completed the registration form, they will receive a code by SMS allowing them to connect to the Application. At their first connection, they must choose a password, which can be changed at any time, and it is recommended to change it regularly.

Any incomplete registration will not be validated.

Registration automatically leads to the opening of an account in the name of each User (hereinafter: the "Account"), which enables him/her to manage his/her use of the Services in a form and according to the technical means that STUDELY deems most appropriate for rendering said Services.

5.2

When Users have opened their Account, they must upload on the Application an identity document, a proof of address and, more generally, all the documents requested by TREEZOR to verify that a business relationship can be established with the Users.

Studely communicates the Know Your Customer Documents to TREEZOR, who proceeds to their validation within a maximum of 15 minutes from the end of the upload.

The Users acknowledge and accept expressly that if the Know Your Customer Documents are not validated by TREEZOR, they can't use the Services.

If the Know Your Customer Documents are validated, STUDELY informs the Users, by any useful written means and notably by email, that their registration is confirmed.

5.3

The Users guarantee that all the information they provide for the purposes of their registrations, as well as the Know Your Customer Documents, are accurate, up to date and sincere and are not vitiated by any misleading
character.

They undertake to update this information in their Personal Space in the event
of changes, so that it always corresponds to the above-mentioned criteria.

6.Strictly Personal Use

The Account is opened by a natural person; said Account will be validly operated by any duly authorized person.

The User consequently undertakes to use the Services personally, and not to allow any third party to use them in their place or on their own behalf, unless they bear full responsibility for it.

The User is also responsible for maintaining the confidentiality of their password and expressly acknowledges that any use of the Services from their Account will be deemed to have been carried out by themselves. When the Account is opened by a legal entity, the latter acknowledges that its Account may be operated by one or more authorized persons, using its login credentials. In this scenario, the  (student) undertakes to ensure that the latter respect the strictest confidentiality of their connection data.

The User must immediately contact STUDELY at the coordinates mentioned in Article 2 hereof if they notice that their Account has been used without their knowledge. They recognize STUDELY's right to take all appropriate measures in such cases.

7. Description of Services

Users have access to the following Services, in a form and according to the functionalities and technical means that STUDELY deems most appropriate. The accessible Services based on the subscribed services are indicated in the Application.

7.1 Card-Account Management

In its capacity as a payment service provider agent, within the meaning of Articles L.523-1 et seq. of the French Monetary and Financial Code, mandated by TREEZOR to offer the latter's payment services to Users, STUDELY provides Users with the following Services:

  • The management of one or more payment accounts opened by TREEZOR, through which a User can perform payment orders (hereinafter: the "Card-Account");
  • The management of one or more Mastercard cards issued and delivered by TREEZOR, associated with the various Card-Accounts (hereinafter: the "Card").

The history of transactions carried out through the Card-Accounts can be viewed in the Application under the "Payments" section.

It is up to the Users to ensure that their Card-Account is sufficiently funded. In this regard, Users expressly acknowledge and accept:

  • Any payment order having the effect of making their Card-Account overdrawn will be automatically blocked;
  • STUDELY reserves the right to block a User's payment orders if it turns out that their Card-Account is not sufficiently funded for the price of the Services to be paid.

Users expressly acknowledge and accept that STUDELY provides this Service in the name and on behalf of TREEZOR and that in this regard, they are subject to the Treezor General Terms and Conditions, which they accepted during their registration on the Application under the conditions provided for in Article 4, and undertake to respect them. In this regard, Users acknowledge and accept the Framework Contract which defines the relationship between Treezor and Users, accessible at the following address: www.studely.com/mentions.

With STUDELY, you cannot be overdrawn, so your balance must be positive. We will block your debit operations if you do not have enough money in your account.

7.7 Alert systems

The Application provides Users with an alert system intended to inform them of any potentially fraudulent transactions. Depending on the configuration chosen by the User, the transactions will be blocked or not.

7.9 Other Services

STUDELY reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and technical means it considers most appropriate to render said Services.

8.1 Personal Data Processed by STUDELY

Each User and STUDELY undertake, each as far as they are concerned, to comply with the regulations applicable to personal data and in particular the General Data Protection Regulation (Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016). The conditions for collecting and processing personal data, obtaining the consent of the data subjects for this collection and processing, as well as the exercise by them of their rights to information, access, rectification, opposition, restriction, portability, and erasure of this data are explained in the document entitled "Personal Data Protection Charter", which Users are expressly invited to review.

8.2 Personal Data Processed by STUDELY on Behalf of TREEZOR

Within the framework of the Card-Account and Card management Services performed by STUDELY in its capacity as a payment service provider agent, STUDELY is required to process personal data relating to Users on behalf of TREEZOR.

The characteristics and conditions of execution of this processing, as well as the modalities for data subjects to exercise their rights, are detailed in Article 24.16 ("Personal Data and Professional Secrecy") of the Treezor Contract. Under this processing, STUDELY acts as a processor on behalf of TREEZOR, which acts as the data controller. In accordance with Article 28 of the General Data Protection Regulation, the methods of processing personal data relating to Users by STUDELY, within the framework of Card-Account and Card management Services, are governed by a specific agreement concluded with TREEZOR or with any other payment service provider on whose behalf STUDELY acts as an agent.

8.3 Personal Data Processed by Users Under Other Services

8.3.1 General provisions

Within the framework of the Services, STUDELY is required to process personal data relating to Users' clients. The characteristics of this processing are as follows: the purpose of the personal data processing is the execution of the Services referred to herein, other than those provided in the capacity of a payment service provider agent; the type of personal data processed includes identification data (last name, first name, postal and email address, company) and bank details; the categories of data subjects are the clients of Users; the duration of the processing is the duration of the Services; and the location of the processing is AMAZON WEB SERVICE EUROPE.

Each User is the data controller of this data and is bound to fulfill the obligations incumbent upon them pursuant to the aforementioned regulation, notably regarding the obligation to inform the data subjects, maintaining the record of processing activities implemented, and more generally, compliance with the principles derived from the regulation. The data provided by each User to STUDELY for the purpose of executing the Services remains the sole property and under the sole responsibility of said User.

The Service Provider’s Obligations to the Client

  • Data processing:

STUDELY undertakes to process personal data solely for the purpose of executing the Services and in accordance with the documented instructions of the User, including regarding data transfers outside the European Union. STUDELY undertakes to inform the User if, in its opinion, an instruction constitutes a violation of the applicable regulations.

  • Data security and confidentiality :

STUDELY undertakes to implement appropriate technical and organizational measures to ensure the security and integrity of personal data, its backup, as well as the restoration of its availability in the event of a physical or technical incident. STUDELY also ensures that persons authorized to process personal data are bound by an obligation to maintain its confidentiality.

  • Other subcontractors :

STUDELY undertakes not to engage other sub-processors without the prior express, specific or general authorization of the User through the means made available to them in the Application. In the case of a general written authorization, STUDELY undertakes to inform the User of any planned change regarding the addition or replacement of other sub-processors, the User then having the opportunity to object to such changes.

  • Provision of information: STUDELY undertakes to respond to any request for information addressed to it by the User, whether within the framework of a request by data subjects to exercise their rights, an impact assessment, or a request presented by data protection authorities or the User's data protection officers.
  • Notification of personal data breaches:

STUDELY undertakes to notify the User of any personal data breach within a maximum of 72 hours after becoming aware of it. In the event that the User themselves must notify this breach to the competent supervisory authority, STUDELY attains to communicate any useful documentation to them.

  • Data retention:

DSTUDELY undertakes to delete personal data at the end of the Services, regardless of the cause, and not to retain any copy thereof.

  • Record and documentation :

STUDELY maintains a written record of processing activities carried out on behalf of Users. This record also includes information relating to these processings.

STUDELY makes available to each User, upon request, all information necessary to demonstrate compliance with its obligations and to allow audits to be carried out by the User or by an auditor they have mandated. Within the framework of such audits, the User or the auditor mandated by them will not be authorized to access STUDELY's trade secrets, its strategic information, or information that STUDELY has undertaken to keep confidential. STUDELY may object to any control measure by the User or the auditor mandated by them that would be likely to grant them access to such data or information, without the User being able to make the slightest claim in this regard. The User shall also ensure in any event that the auditor and, more generally, the personnel conducting said audit are subject to appropriate confidentiality obligations.

9. Prohibited Conduct

9.1 It is strictly forbidden to use the Services for the following purposes:

  • The exercise of illegal or fraudulent activities, or activities that infringe on the rights or security of third parties,
  • Breaching public order or violating laws and regulations in force,
  • Intruding into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, or violate its integrity or security,
  • Sending unsolicited emails and/or commercial prospecting or solicitation,
  • Manipulations intended to improve the search engine optimization (SEO) of a third-party site,
  • Assisting or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above, and more generally any practice diverting the Services for purposes other than those for which they were designed.

9.2 It is strictly forbidden for Users to copy and/or divert for their own purposes or those of third parties the concept, technologies, or any other element of STUDELY's Application.

9.3 The following are also strictly forbidden: (i) any behavior likely to interrupt, suspend, slow down, or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into STUDELY's systems, (iii) any diversion of the Application's system resources, (iv) any actions likely to impose a disproportionate load on the infrastructure of the latter, (v) any breaches of security and authentication measures (notably access through the use of unofficial mobile applications downloaded from sources other than Google App or App Store), (vi) any acts likely to infringe upon the financial, commercial, or moral rights and interests of STUDELY or the users of its Application, and finally, more generally, (vii) any failure to comply with these general terms and conditions.

9.4 It is strictly forbidden to monetize, sell, or license all or part of the access to the Services or the Application, as well as to the information hosted and/or shared therein.

10. User Obligations

Without prejudice to the other obligations provided for herein, Users undertake to respect the following obligations.

10.1 Users undertake, in their use of the Services, to comply with the laws and regulations in force and not to infringe upon third-party rights or public order. They notably undertake to comply with the regulations applicable to the fight against money laundering. To this end, they undertake to cooperate with STUDELY and, where applicable, with TREEZOR within the framework of the "Know Your Customer" process referred to in Article 5.

10.2 Users are solely responsible for the proper completion of all formalities, notably administrative or social. STUDELY's liability can under no circumstances be incurred under this heading.

10.3 Users acknowledge having read the characteristics and constraints, notably technical, of all the Services in the Application. They are solely responsible for their use of the Services.

10.4 Users undertake to make a strictly personal use of the Services. They consequently refrain from assigning, licensing, or transferring all or part of their rights or obligations under these presents to a third party, in any manner whatsoever.

10.5 Users undertake to provide to STUDELY or to other Users, within the framework of the Services, only information or data of any nature that is accurate, up-to-date, and truthful, and free from any misleading character or nature likely to mislead. They undertake to update this information so that it always matches the aforementioned criteria. They undertake to provide STUDELY with all information necessary for the proper execution of the Services and, more generally, to actively cooperate with STUDELY for the proper execution of these presents.

10.6 Users guarantee STUDELY that they have all the rights and authorizations necessary for the distribution of content of any nature (editorial, graphic, or otherwise, including the name and/or image possibly chosen to identify them) within the framework of the Services. They notably undertake that this content:

  • Is not infringing or harmful to the image of a third party,
  • Is in no way misleading or likely to mislead Users.

11. User Warranty

Users guarantee STUDELY against any complaints, claims, actions and/or demands whatsoever that STUDELY might suffer as a result of the violation, by Users, of any of their obligations or warranties under these general terms and conditions. They undertake to indemnify STUDELY for any prejudice it may suffer and to pay all costs, charges and/or judgments it may have to bear as a result.. They undertake to indemnify STUDELY for any prejudice it may suffer and to pay all costs, charges and/or judgments it may have to bear as a result.

12. Data from STUDELY

Users expressly acknowledge and accept:

  • That the data collected on the Application and STUDELY's computer equipment serve as proof of the reality of the operations that occurred under these presents,
  • That this data constitutes the primary method of proof admitted between the parties, notably for the calculation of sums due to STUDELY. Users can access this data in the Application.

13. Penalties for Violations

In the event of a breach of any of the provisions of these general terms and conditions, or more generally, a violation of laws and regulations by Users, the Company reserves the right to :

  • Delete any Content related to the breach or violation under consideration, in whole or in part,,
  • Take all appropriate measures and initiate any legal action,,
  • Notify the competent authorities if necessary, cooperate with them, and provide them with all useful information for the investigation and suppression of illegal or illicit activities.

In case a User's breach of an essential obligation arising from these General Terms and Conditions, STUDELY reserves the right to terminate their access to all or part of the Services, fifteen (15) days after receipt by the User of a formal notice that has remained unheeded, sent by registered mail with acknowledgment of receipt, stating the intention to apply this clause, without prejudice to any damages that could be claimed from the User. It automatically results in the deletion of the User's Account, without prejudice to other consequences possibly induced in application of these general terms and conditions.

14. STUDELY's Liability and Warranty

14.1 STUDELY undertakes to provide the Services with diligence and in accordance with professional standards, it being specified that it is bound by an obligation of means, to the exclusion of any obligation of result, which Users expressly acknowledge and accept.

14.2 STUDELY undertakes to use the documents, elements, data, and information provided to it by Users solely for the purpose of performing the Services and not to communicate them to any third party, except at the express request of the User and/or if this communication is required by judicial authorities or results from legal obligations incumbent upon STUDELY, notably in its capacity as a payment service provider.

14.3 STUDELY undertakes to make its best efforts to ensure the security of the Users' Personal Space. It guarantees its exclusivity and refrains from communicating its content to any third party. It undertakes to inform Users of any foreseeable difficulty, notably regarding the implementation of the Services or the proper functioning of the Application. STUDELY's liability cannot, however, be incurred in the event of a malicious intrusion into this space, provided it is not demonstrated that the security measures it implemented were seriously deficient. Furthermore:

  • STUDELY cannot be held liable for any lack of vigilance on the part of Users in maintaining the confidentiality of their login credentials and passwords;
  • STUDELY disclaims all liability in the event of any loss of information accessible in the Users' Personal Space, as they must save a copy of it and cannot claim any compensation under this heading.

14.4 STUDELY does not intervene under any circumstances in the relationships between Users and their clients or with the administration, subject to the Declaration Service referred to in Article 7.5. It can in no case be held liable for difficulties that may occur in this context, nor be a party to any potential disputes between them, on any grounds whatsoever

14.5 STUDELY undertakes to regularly perform checks to verify the functioning and accessibility of the Application. As such, STUDELY reserves the right to temporarily interrupt access to the Application for maintenance reasons. Likewise, STUDELY cannot be held liable for temporary difficulties or impossibilities of accessing the Application originating from circumstances external to it, force majeure, or due to disruptions in telecommunication networks.

14.7 STUDELY does not guarantee to Users: (i) that the Services, subject to constant research to notably improve their performance and progress, will be totally free of errors, flaws, or defects, (ii) that the Services, being standard and in no way offered solely for the intention of a given User according to their own personal constraints, will specifically meet their needs and expectations.

14.8 STUDELY cannot in any event be liable to any User for the payment of damages, of any nature whatsoever, direct, material, commercial, financial, or moral, due to the use by a User of the Services, for an amount exceeding half of the amounts invoiced by STUDELY as remuneration for the services that incurred its liability, at the time of the occurrence of the alleged damage. Moreover, its liability can only be incurred if said User has filed a claim, by registered letter with acknowledgment of receipt, within one month following said occurrence.

15. STUDELY's Intellectual Property

The systems, software, structures, infrastructures, databases, and content of any nature (texts, images, visuals, music, logos, trademarks, database, etc.) operated by STUDELY within the Application are protected by all intellectual property rights or rights of database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally, any acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without the authorization of STUDELY are strictly prohibited and may be subject to legal proceedings.

16. Financial Terms

16.1 Services Prices

The prices of the Services are indicated in the Application, on the "Pricing" page and on the "tarifs" (rates) page. Unless otherwise stated, they are expressed in Euros and excluding taxes. STUDELY reserves the right, at its free discretion and according to modalities of which it shall be the sole judge, to offer promotional offers or price reductions.

The prices of studely services can be consulted by clicking on the following tab: https://studely.com/fr/tarifs?country=fr

16.2 Price Revision

The prices referred to above may be revised at any time by STUDELY, at its free discretion. Users are informed of this by any useful means, at least one month before the date of entry into force of the new rates. Once in force, the new prices apply at most 30 (thirty) days after their publication on the websitewww.studely.com .

Users who do not accept the new prices must terminate their Subscription according to the terms provided for in Article 19. Failing this, they will be deemed to have accepted them.

17. Business References

Users expressly authorize STUDELY to cite them and, where applicable, to use the reproduction of their trademark or logos as commercial references, notably during demonstrations or events, in its commercial documents and on its website, in any form whatsoever, during their period of use of the Services and beyond for a duration of three (3) years.

18. Links and Third-Party Websites

STUDELY can under no circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) to which Users would gain access via the Application.

STUDELY assumes no responsibility for content, advertisements, products, and/or services available on such third-party websites and mobile applications, which it is recalled are governed by their own terms of use.

STUDELY is also not responsible for transactions that occur between Users and any advertiser, professional, or merchant (including its potential partners) to whom Users might be directed through the application, and shall under no circumstances be a party to any potential disputes whatsoever with these third parties regarding notably the delivery of products and/or services, guarantees, declarations, and any other obligations to which these third parties are bound., and shall under no circumstances be a party to any potential disputes whatsoever with these third parties regarding notably the delivery of products and/or services, guarantees, declarations, and any other obligations to which these third parties are bound., and shall under no circumstances be a party to any potential disputes whatsoever with these third parties regarding notably the delivery of products and/or services, guarantees, declarations, and any other obligations to which these third parties are bound

19. Term of Services, Unsubscription

The Services are subscribed to in the form of a subscription (hereinafter: the "Subscription"). The Subscription begins on the day of its subscription, for a duration of one month (hereinafter: the "Initial Period"), from date to date.

It is then tacitly renewed for successive periods of the same duration as the Initial Period (hereinafter designated, together with the Initial Period, as the "Periods"), from date to date, unless terminated by STUDELY or by the User at the latest 5 (five) days before the end of the current Subscription Period. Termination of the Subscription by a User is carried out according to the modalities indicated in the Application., from date to date, unless terminated by STUDELY or by the User at the latest 5 (five) days before the end of the current Subscription Period. Termination of the Subscription by a User is carried out according to the modalities indicated in the Application.

Termination of the Subscription by STUDELY is carried out by any useful written means, and iemail..

Any Subscription Period that has begun is due in full.

20. Impact of the End of Services

The end of the Services, regardless of the cause, will automatically and by right entail the deactivation of the User's Account.

IIt will be up to the Users, prior to the deactivation of their Account, to retrieve the documents, elements, data, and information they have stored in the Application within the framework of their use of the Services.

21. Treezor Privacy Policy

Treezor's privacy policy can be consulted here.

22. Changes

STUDELY reserves the right to modify the Site at any time as well as the terms, conditions, and notices hereof or to supplement them with new additional contractual conditions at any time, notably in the event of technical, legal, or jurisprudential developments or during the implementation of new services.

STUDELY reserves the right to modify these CGU at any time, it being specified that the CGU applicable to the Client will be those in force on the date of use of the Services offered on the Site by the Client. Clients will be informed of these modifications 2 months before their entry into force by any useful means.

Clients who do not accept the modified CGU must unsubscribe from the Services according to the modalities provided for in Article XI.

Any Client who uses the Services subsequent to the entry into force of the modified CGU is deemed to have accepted these modifications.

23. Languages

In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be the French language in case of contradiction or dispute over the meaning of a term or provision.

24. Governing Law and Jurisdiction

These general terms and conditions are governed by French law. In the event of a dispute over the validity, interpretation, and/or execution of these general terms and conditions, the parties agree that French courts shall have jurisdiction, unless mandatory procedural rules state otherwise.

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