Terms & Conditions – 05/12/2022

Terms of Service for Individuals

This document constitutes the General Terms and Conditions of Use of the Lydia Application for individuals (hereinafter referred to as the “Terms and Conditions for Consumers” or the “T&Cs“), applicable to all of our customers, consumers in the meaning of the French Consumer Code (hereinafter referred to as the “Consumer(s)“) and for the provision of our products and services related to Lydia electronic money and payment accounts (hereinafter referred to as the “Lydia Service” or the “Service“), with the exception of the Lydia Pro application products and services intended for Professionals and reserved for this use.

The present Terms and Conditions for Consumers were applicable as from July 18th, 2022 for newly registered Customers. Consumers already registered to the Service on that date are subject to the present T&Cs as of September 18th, 2022. They shall cease to apply from 5 December 2022 for all Customers.

They are completed by the following documents that the Consumer declares to have read and accepted when subscribing to the Service:

The Tariff Conditions of the Service contained in the Pricing & Limits Appendix;
The Lydia Personal Data Protection Policy.

These three documents are available for review at any time on the Lydia Website, in the Lydia Manual and on the Lydia App for Consumers (available on the Google Play, App Store and Huawei AppGallery).

All of the above documents form the framework contract for payment services pursuant to Article 314-12 of the French Monetary and Financial Code.

Other contractual documents also frame the additional and optional services available on the Lydia Application and are presented for signature at the time the user accesses or subscribes to the specific service. You can consult below the non-exhaustive list of these services:

The General and Specific Conditions of the additional services may be modified in accordance with the applicable regulatory requirements independently of this Framework Agreement for payment services forming the Lydia Solution for Consumers, subject to compliance with the associated legal notices.

1. What is Lydia?

Lydia Solutions (hereinafter referred to as “Lydia“) is a simplified joint-stock company registered in Paris under Trade and Company Register n° 534 479 589 with capital of €1,590,731 established at 14, avenue d’Opéra, 75001 Paris.

Lydia is registered with the Autorité de contrôle prudentiel et de résolution – ACPR, established at 4 Place de Budapest – 75436 Paris Cedex 09, under the REGAFI number N°62677.

Lydia is a mobile application that allows its Consumers to benefit from payment services.

Within the framework of its activities, Lydia is mandated, as a Payment Services Provider Agent (“PSP agent”) as defined in articles L.523-1 and following of the monetary and financial code, by four Partners:

For payment accounts management, execution of payment operations and payment cards issuance by the SFPMEI, electronic money institution, approved by the ACPR under the REGAFI identifier n°91091 and the CIB bank code n°17448 whose registered office is located at 15 rue Laborde, 75008 Paris, registered in Paris under the RCS n°890 111 890 (hereinafter referred to as “the PSP“);
For the provision of payment initiation and account information services: Budget Insight, a payment institution approved by the ACPR (REGAFI identifier n°73921, CIB Bank Code n°16948), whose registered office is located at 86 rue de Paris, 91400 Orsay, registered with the Paris RCS under number 749 867 2006;
For the provision of payment cards, IBANs and associated account management and payment operations: Treezor SAS, approved by the ACPR as an electronic money institution (REGAFI identified n°63512 and the CIB bank code n°16798) whose registered office is located at 33 avenue de Wagram, 75017 Paris, registered with the Paris RCS under the n°807 465 059;
For the provision of payment initiation and account information services: TINK AB, a payment institution licensed by the Swedish Financial Supervisory Authority (Finansinspektionen, CIB bank code n°44059) with registered office at Vasagatan, 11, 11120 Stockholm and registered in the EBR (European Business Register) under n°5568982192.

Lydia Solutions is also registered with the Organisme pour le Registre Unique des Intermédiaires en Assurance, Banque et Finance (ORIAS) under n°18007465 as :

Intermediary in participative financing (IFP) for donation operations;
Non-exclusive Agent in Banking Operations and Payment Services (MOBSP) for the company FLOA (registration n°434130423, SIREN N°07028160) and the company Younited Credit (registration n°11061269, SIREN n°517586376) for the provision of the “Petit prêt express” service (payment facility / consumer credit);
Insurance intermediary agent (MIA) for the company Younited Credit (registration n°11061269, SIREN n°517586376) for the provision of the “Petit prêt express” service;
Insurance agent (MA) for the company CNP Caution (SIREN n°383024098);
Agent of intermediary in banking operations and payment services (MIOBSP) for the company CASHBEE (registration n°838801058, SIREN N°19002094) for the provision of the My Money Bank remunerated savings account.

The present legal notice may be modified and/or adapted at any time, without prior notice, by Lydia according to the evolution of its legal status. Lydia invites its Consumers to consult them regularly.

2. What is the purpose of the Lydia T&Cs?

These T&Cs, and the Pricing & Limits Appendix inform the Consumer on the conditions applicable to:

Managing the Consumer’s account (hereinafter referred to as the “Consumer Account“) associated with its associated sub-account(s) (hereinafter referred to as the “Payment Account(s)“);
The execution of payment orders between Payment Accounts and third party accounts;
All the services and products offered by Lydia (hereinafter referred to as the “Service“).

By accepting these terms, the Consumer undertakes to use the Lydia Service in accordance with its purposes and under the conditions described in these Terms of Service for Consumers. The Consumers agrees not to mislead Lydia by knowingly concealing his / her true Internet Protocol (IP) address, or by intentionally changing the associated settings, in order to deliberately bypass the sections of these T&Cs, to mislead Lydia as to his or her true location, or to intentionally bypass Lydia’s anti-fraud safeguards.

3. When may the Lydia T&Cs be modified?

These T&Cs may be amended by Lydia from time to time. In this case, Lydia undertakes to keep the Consumer informed of the modification of these T&Cs, its annexes and associated documents, in case the rights or obligations of the Consumer would be affected by this modification.

In accordance with Article L314-13 of the French Monetary and Financial Code, Lydia will inform the Consumer on a durable medium, by e-mail, sent to the personal e-mail address provided at the time of his / her registration to the Service, at the latest two months before the effective date of the modifications.

The Consumer may, until the entry into force of the new T&Cs, contest them in writing (by postal mail or e-mail) sent to the Customer Care, at the address indicated in Article 17 hereof. After this period, the new T&Cs are deemed accepted by the Consumer.

In case of refusal of the proposed modification, the Consumer may terminate his / her membership to the Service within two months of the notice period (before the modification comes into effect), without any remaining costs at his / her expense.

This termination request does not affect all the operations carried out prior to the termination that will be completed before the closing of the Consumer Account.

On the other hand, any legislative or regulatory measure, such as any interpretation of a legal or regulatory rule by a competent authority, which would have the effect of modifying all or part of these T&Cs, will be applicable as soon as it comes into force.

4. When do the Lydia T&Cs cease to apply?

At the initiative of the Consumer

Withdrawal

The Consumer may exercise his / her right of withdrawal within 14 (fourteen) calendar days following his / her subscription to the Service in accordance with Article L.227-7 of the French Consumer Code, by sending an e-mail or a letter to the addresses indicated in Article 17 hereof. The Consumer must withdraw using the form attached to the last page of these T&Cs.

The beginning of execution does not deprive the Consumer of the right of withdrawal. The Consumer will be required to pay the price corresponding to the use of the product for the period between the date of commencement of execution of these T&Cs and the date of withdrawal, to the exclusion of any other sum.

Termination

The Consumer is a Lydia member for an indefinite period. Unless otherwise provided by law, it may be terminated without cause at any time.The Consumer can terminate their Lydia membership at any time, and to this end request the closure of their Lydia Consumer Account by paying, if applicable, all sums due. The Consumer may also have the balance on their Payment Accounts transferred to a bank account opened in their name with a credit institution, as defined by Article L.511-1 of the Monetary and Finance Code (Bank Account), prior to closing the Consumer Account.

To implement this, the Consumer shall contact the Customer Care Service by postal mail or e-mail at the addresses indicated in Article 17 hereof.

Death of the Consumer

The Consumer Account operates under the signature of the account holder or of any representatives appointed by proxy. The death of the Consumer ends their membership of the Service and the possible proxy on the Consumer account becomes invalid from the moment it is brought to the attention of Lydia through Customer Care Service. Transactions carried out from the deceased’s Consumer Account after the time of death are considered to be unauthorised, except with the agreement of the beneficiaries or the notary in charge of the succession. The Consumer Account is kept open for the time necessary to settle the succession and Lydia ensures the transfer of the balance with the written and express agreement of the beneficiaries or the notary in charge of the succession.

If in the three years following the death of the Consumer the beneficiaries have not made themselves known or have not asserted their rights, the balance of the Consumer Account of the deceased Consumer is paid to the Caisse des Dépôts et Consignations (Deposits and Consignments Fund).

At the initiative of Lydia

Lydia may terminate the Consumer’s access to the Service without charge by simple email notification after the expiration of two months calendar notice period. In accordance with the law, Lydia is not required to give reasons for the decision to terminate. During the notice period, the Consumer must make the necessary arrangements for the settlement of outstanding transactions.

However, Lydia is exempt from respecting the notice period and may close the Consumer Account immediately:

In case of seriously reprehensible behaviour of the Consumer (in particular in case of physical or verbal violence, threats or insults against a Lydia employee);
In case of refusal or lack of response from the Consumer to provide additional information on the origin of the funds on his / her Consumer Account and the economic justification of his / her payment transactions;
In case of provision of false, inaccurate, expired, forged or stolen documents;
In case of non-compliance with one of the obligations of the present T&Cs.

This list is non-exhaustive and may change depending on the circumstances of the cases. In these cases, the Consumer may be required to pay adjustment/file processing fees (see Pricing & Limits Appendix).

In addition, in case of detection of an anomaly, inconsistency or report likely to be related to fraud, Lydia has the possibility to put a person on a list of persons at risk of fraud. The Consumer, who may be on this list, may be contacted by Lydia depending on the type of suspected fraud to provide additional information. At the end of the investigations, the Consumer will be informed individually in writing of the measures taken by Lydia and will be given the opportunity to comment, without prejudice to the applicable legal provisions.

Effect of termination

At the end of the termination and after settlement of the operations in progress, Lydia will close the Consumer Account and transfer the balance of the Payment Accounts, minus any costs relating to the Lydia Service, to the Consumer’s Bank Account using the details provided to the Customer Care Service or stored in the application. The closure results in the deactivation of the Lydia Service. The closure results in the deactivation of the Lydia Service.

If the Consumer does not reclaim its funds, his / her Consumer Account will be considered as inactive and subject to inactivity fees on the terms set here below (see Inactivity fees).

The closing of a Consumer Account is irrevocable and prevents the Consumer from opening another Lydia Consumer Account for a period of one year or definitively in the event of violation of these T&Cs, attempted or committed fraud or legally reprehensible act).

How Lydia works

5. The rules of use

The rules of use related to the Consumer

The Service for Consumers is reserved exclusively for personal use of the Consumer, natural persons defined within the meaning of the preliminary article of the Consumer code. The Consumer Account opened under the present T&Cs is intended to record the transactions of the Consumer relating to his / her private life only, to the exclusion of all professional transactions. Any professional wishing to use the Service in the framework of a commercial, artisanal or associative activity must subscribe to the Lydia PRO Service.

This prohibition also applies to founders of individual companies, self-employed persons, auto-entrepreneurs and micro-entrepreneurs within the meaning of the Commercial code.

The Consumer Account is strictly personal. It is forbidden for the holder of the Individual Consumer Account to lend it or to dispose of it. Any assignment or transfer of a Lydia Consumer Account to a third party is strictly prohibited and will result in the termination of the Consumer’s access to the Service by Lydia without notice.

This prohibition also applies to founders of individual companies, self-employed persons, auto-entrepreneurs and micro-entrepreneurs within the meaning of the Commercial code.

The Client Account is strictly personal. It is forbidden for the holder of the Individual Consumer Account to lend it or to dispose of it. Any assignment or transfer of a Lydia Consumer Account to a third party is strictly prohibited and will result in the termination of the Consumer’s access to the Service by Lydia without notice.

The Consumer declares that at the time of registration to the Service:

He/she is over 18 years of age, or over 14 years of age and using the Service in agreement and under the supervision of their legal representative;
He/she isn’t under any legal or judicial prohibition, nor of any incapacity;
All the information provided during registration is honest, accurate and up to date, and that they will inform Lydia of any change to this information;
He/she acts on his/her own account and in his/her own interest;
He/she resides in France or in the European Economic Area;
She/he doesn’t already hold a Lydia Service Consumer Account;
She/he isn’t not a “US Person” or assimilated to, i.e. they are not an American taxpayer within the meaning of the American tax administration and the Foreign Account Tax Compliance of March 18, 2010:

A “US Person” is defined as: a citizen of the United States or a person who is presumed to be a citizen of the United States if he or she possesses a US passport or was born in the United States, even if such place of birth is shown on a passport of another country, provided that renunciation of US citizenship cannot be shown, and even if the person also possesses another nationality or has his / her place of residence in another country; a resident of the United States, regardless of his or her nationality, who is either (i) a person who is treated as a U.S. tax resident under U.S. federal law, 2. (ii) a person who claims to be treated as a U.S. tax resident, or 3. (iii) a person who is considered a tax resident under the law of that state; holders of a green card in the United States; persons who have their principal residence or business address in the United States; persons whose principal mailing address is in the United States.

Is also considered as a “US Person” and a US tax resident under US federal law is any person who meets the “long-term stay requirement” over a calendar year in the following cases: Physical presence in the United States for at least 31 days of the current calendar year, and physical presence in the United States for at least 183 days during the three-year period that includes the current year and the two preceding years, counting: a. All days the person was present during the current year, and b. 1/3 of the days the person was present during the year prior to the current year, and c. 1/6 of the days the person was present two years prior to the current year preceding.

It is up to the Consumer to provide written communication to Lydia of any change relating to their user circumstances for the Service in particular in the events of a change of contact details (telephone number, address, email), of professional activity, civil status, capacity, marital status, nationality, address (home, tax and postal) or identification details concerning any agents and status (especially in the event of acquisition of the status of US citizen or of the Green Card).

Such changes shall be communicated by the Consumer in writing and without delay to Customer Care Service. Lydia isn’t responsible for any consequences resulting from Consumer’s failure to comply with its obligations. Appropriate supporting documents shall be provided by the Consumer on a voluntary basis and upon request by Lydia. If the Consumer fails to provide Lydia with the changes in his / her situation and the supporting documents requested by Lydia, Lydia may restrict or cease the provision of the services to which the Consumer has access and close the Consumer Account.

The Consumer can modify some of the personal data given when subscribing to the Service via the Lydia Application or Customer Care Service (support.sumeria.eu), or via a non-Lydia partner application that integrates all or part of the Service (“Partner Application”).

The rules of use related to the purpose of payment transactions

The Consumer is prohibited from using the Service to purchase goods or services related to illegal activities, or, contrary to public order or, morality, including in particular but not limited activities:

Whose nature is directly or indirectly threatening, insulting, defamatory, discriminatory, racist, xenophobic, homophobic or damages the honour or reputation of others;
That degrade or damage human dignity;
That incite the execution of an offence, a misdemeanour, a crime or an act of terrorism or that praise war crimes or crimes against humanity;
That offer or propose online gambling and betting services not authorised by regulations (including, where applicable, the services of instant wins) or gambling services, prohibited by regulations, based on the requirement of a financial sacrifice by the player in the hope of a reward of any kind whatsoever;
That allow third parties to obtain illicit substances or products directly or indirectly;
Subject to a specific legal regime and exercised in violation of said regime (e.g. travel agents, medical professions, legal professions, etc…);
Linked to the acquisition, use or transfer of crypto-currencies for unreasonable, abusive or professional use and/or as part of an overall fraudulent transactional scheme in the absence of specific security protocols and monitoring of financial flows.

In addition, Lydia is also entitled to refuse certain activities in a discretionary manner in view of the controversial nature or significant number of frauds to which they are subject. The following in particular are refused, without this list being exhaustive:

Paid dating services (for the practice of prostitution and its derivative forms);
Pornography and any other form of cinematographic work prohibited to underage persons;
Erotic products or services;
The sale of cannabidiol (CBD) or products containing it;
Spiritualism or alternative medicines: (hypnotist, medium, fortune-teller, energetician, magnetiser, shaman, etc.);
The sale of electronic cigarettes and tobacco and related or similar products;
Loans between individuals, including tontines;
Political associations or groups;
Cultural associations which are not legally incorporated and/or having controversial activities;
De facto or unincorporated companies.

Also, Lydia Payment Accounts are not intended to serve as a channel for cash flow between different accounts or payment means. “Round trip” transactions, particularly between a deferred debit account and an immediate debit account, constitute improper use of Lydia. In the event of repeated use of this type of operation, Lydia reserves the right to close the Lydia Consumer Account and/or levy a penalty (see Pricing & Limits appendix) for non-compliance with these T&Cs, taken directly from their Lydia Payment Accounts before closing the Consumer Account.If the Consumer wishes to obtain more information about the limits of the conditions of use, they can contact the Customer Care Service at the email address: support.sumeria.eu.

If the Service is used to purchase products or services resulting from such activities, the Consumer Account will be closed. In addition, the Consumer will be liable to a penalty (see Pricing & Limits Appendix) for non-compliance with these T&Cs, taken directly from his/her Consumer Account before its closure.

6. How to install Lydia

The list of countries in which the Lydia Application can be downloaded from applications stores is available in the Lydia user Manual and is reproduced on the the following page: https://support.sumeria.eu/l/fr/article/lcu8v7dbca-pays-compatibles-avec-lydia.

In order to be able to access the Lydia Service, the Consumer must possess equipment that is compatible with the Lydia Application (a cell phone such as a smartphone, or a mobile tablet or any other compatible connected object). Although Lydia makes its best efforts to optimize the compatibility of its Service, it cannot guarantee its operation with all existing terminals on the market and in particular terminals equipped with obsolete Android or I.O.S operating systems.

In order to download the Application and to use the Service in good conditions, the Individual Consumer must also have sufficient access to the Internet network (public or private WIFI and/or access to the GSM network).

Under these conditions, access to the Lydia Service is then possible by downloading on the Consumer’s equipment the Lydia Application, available free of charge on the application stores (Google Play, the App Store and Huawei AppGallery) and in rarer cases via dedicated websites. (see What other services and features does the Lydia application offer?)

The Consumer is also responsible for ensuring that he/she has installed the latest update of the Lydia Application in order to benefit from the whole Service in optimal and secure conditions.

After installing the Lydia Application, the Consumer must carefully read and accept these T&Cs and the Pricing & Limits Appendix, permanently available on the Lydia website and application. Lydia also invites the Consumer to review the Lydia Personal Data Protection Policy available in the same manner.

7. How much does Lydia cost?

By default, the Consumer subscribes to a free account, subject to the limits indicated in the Pricing & Limits Appendix. Consumers who wish to use Lydia beyond these limits may obtain Verified User status (See Article 8) and/or subscribe to the paid Lydia service (See Lydia’s Terms and Conditions of Sale for paid subscriptions).

Exceeding limits may result in extra costs, detailed in the Pricing & Limits Appendix.

Inactivity fees for inactive account maintenance

In accordance with the Eckert Law of June 13, 2014, Lydia may charge an inactivity fee of up to €30 per year for an inactive payment account. The amount of the inactivity fee is indicated in the Pricing & Limits Appendix and is limited to the balance available on the Payment Account.

A Consumer Account is considered as inactive if the two following conditions are met:

The Consumer Account (or any Payment Account) has not been subject to any Transaction (excluding debit by Lydia, fees and commissions of any kind, and excluding the deduction of fees) at the initiative of the Consumer or any person authorized by him;
The Consumer has not contacted Lydia in any form whatsoever for twelve (12) consecutive months.

An account is also considered inactive if the account holder has died and if, at the end of 12 (twelve) consecutive months from the date of death, the account meets only one condition: none of his / her heirs has informed Lydia of his / her wish to assert his / her rights on the assets and deposits registered on the accounts of the deceased. As soon as the inactivity is established, Lydia informs the beneficiaries known to its services of the consequences if the inactivity is maintained over time. This information is renewed annually.

In case of an inactive account, Lydia will contact the Consumer by email and/or by text message using the email address and/or phone number provided in the Application. Lydia will offer to reactivate or close the Consumer’s Account.

If the Consumer does not contact the Customer Care service via support.sumeria.eu and/or does not perform any operation from or to their Payment Accounts within the delay prescribed, Lydia will collect fees in accordance with the Pricing & Limits Appendix if the Consumer Account balance is creditor. If the Consumer remains inactive for ten consecutives years, his/her Consumer Account will be closed and the balance remaining will be transferred to the Caisse des dépôts. The Consumer will be informed of such transfer six months in advance. The Consumer can contact the Caisse des dépôts within 20 years after the transfer to reclaim their funds.

Specific transactions

Account operating incidents

Transactions requiring special treatment, in particular when they lead to an operating incident on the Consumer Account (insufficient funds, file fees, management of unpaid bank cards or rejected bank transfers, etc.), are subject to invoicing (see Pricing & Limits Appendix).

Seizure by bailiff and third party notice

When Lydia is notified with a seizure of money, whether contributory or conservatory, it is obliged to declare and block the available balance of the payment account opened in the name of the Consumer, even if this balance is higher than the amount of the seizure. Within 15 working days after the attachment or seizure, this balance may be affected (positively or negatively) by the transactions dated before the attachment. The Consumer may contest the seizure initiated against him / her before the execution judge. In the case of a seizure procedure, Lydia will proceed to the payment of the funds due to the seizing creditor upon presentation of a certificate of non-contestation or upon a written declaration by the Consumer indicating that he/she does not contest the seizure.

Administrative seizure by third party holder: This procedure is used by the Trésor Public for the recovery of taxes, penalties and incidental expenses. It has the effect of blocking the available balance opened in the name of the Consumer, even if this balance is higher than the amount of the seizure. Within a period of 15 working days following the seizure, this balance may be affected (positively or negatively) by transactions whose date is prior to the seizure. At the end of a period of one month (unless a different period is specifically provided for), Lydia is obliged to pay the amount claimed to the Trésor Public, unless the latter releases it.

In each of these situations, Lydia will leave at the Consumer’s disposal, under the conditions and according to the terms defined by Article L. 162-2 of the Code of Civil Enforcement Procedures, and within the limit of the credit balance of the payment account or of the sub-accounts on the day of the seizure, a sum of money of a maintenance nature equal to the amount for a single recipient of the Active Solidarity Income (RSA), called the unseizable bank balance (hereinafter referred to as the “SBI”).

These various procedures initiated by the creditor, and with which Lydia is legally obliged to comply, give rise to the collection of fixed fees debited to the Payment Account and reducing the SBI if necessary. The amount of this fee is detailed in the Pricing & Limits Appendix and may not exceed the available balance on the Consumer’s Payment Account. Lydia will automatically deduct these fees when sending the funds to the relevant authority.

8. How to obtain the Verified User status?

Remote Identity Verification

Consumers who reach certain limits, detailed in the Pricing & Limits Appendix, must obtain the “Verified User” status before being able to continue using their Lydia Consumer Account.

The “Verified User” status also allows Consumers to access specific services (for example, issuing Internet cards).

The Consumer may therefore request this status at any time from the Application. Lydia guarantees easy, direct and permanent access to the remote identity verification policy defined below.

To obtain the “Verified User” status, the Consumer is invited to follow a remote identity verification path:

1) The user can opt for the main remote identity verification path: in this case, the Consumer must transmit the following identification data from the Lydia Application:

(a) A color video, with a minimum resolution of 720p (280 × 720 at 25 frames per second), without digital alteration or the presence of effects or filters, of a valid official identification document in the user’s name. The video is made by the Consumer with his / her cell phone and includes movements of the document in front of the video sensor, based on the rules that are displayed to the Consumer. The document must be a valid official identity document issued by a member state of the European Union (“EU”), or by the Principality of Monaco or Andorra or the Swiss Confederation and contain an MRZ (“Machine-Readable Zone”) strip.

It is hereby specified that only official identity documents certifying both the identity and the nationality of their holder are accepted, namely :

– For French nationals, nationals of other European Union Member States, of a State party to the Agreement on the European Economic Area or of the Swiss Confederation, the national identity card (front and back of a national identity card OR , passport; front and back of a residence permit, front of a driver’s license in the new European format or front of a driver’s license in the new European format);

– For third-country nationals residing in France or in another Member State of the European Union, in a State party to the Agreement on the European Economic Area or in the Swiss Confederation, the residence permit, drawn up in accordance with the model provided for in Regulation (EU) No. 2017/1954 of the European Parliament and of the Council of October 25, 2017 laying down a uniform format for residence permits for third-country nationals and issued by the State of residence.

– For third-country nationals exempted from the short-stay visa requirement who do not reside in the territory of the European Union, a State party to the Agreement on the European Economic Area or the Swiss Confederation, the passport, provided that the issuing country makes available the means necessary to verify the validity of the document. If the exemption from the visa requirement is accompanied by the requirement to have an electronic passport, only the electronic passport is recognized as an authoritative source for the country concerned.

– For third-country nationals who are refugees or recognized as stateless or beneficiaries of protection under Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, the passport is replaced by the travel document issued by the state that recognized the status of refugee or stateless person or granted protection.

Note: From 1 January 2014, the validity period of the national identity card has been increased from 10 to 15 years for adults (over 18). This extension of the validity period does not apply to persons who were minors at the time their national identity card was issued (article 10 of Decree No. 2013-1188 of 18 December 2013 relating to the duration of validity and conditions of issue and renewal of the national identity card).

AND,

(b) A color “video selfie”, i.e. a video capture of the Consumer’s face, with a minimum resolution of 720p (1280 × 720 at 25 frames per second) without digital alteration or the presence of effects or filters, during which the Consumer is asked to identify himself and/or to orally say a random sentence. The “video selfie” must also be taken in an appropriate setting and in appropriate attire, and Lydia retains the right to refuse any video selfie that contravenes this directive

Nota Bene: A biometric processing of the face of the Consumer, captured during the selfie-video, is performed by Lydia. This specific processing allows or confirms the unique identification of an individual based on his physical, physiological or behavioral characteristics. It also allows the detection of the “living” character of the User to verify that the User has not been physically or digitally altered. This biometric data is considered sensitive within the meaning of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, known as the GDPR. In order to use this processing, Lydia therefore justifies a specific need to identify its users to allow access to the Service, under the control of the Commission Nationale de l’Informatique et des Libertés (hereinafter referred to as the “CNIL” ).

The Consumer is free to choose during the remote identification process to obtain the “Verified User” status whether to use the biometric device or not and may choose to use another authentication method offered by Lydia, without any additional constraint, incentive or special consideration.

The Consumer will also be asked to provide his/her home address during the main remote identity verification process.

2) The user can opt for the alternative remote identity verification path, if the Consumer does not wish to take a “selfie-video”, he/she will be required to transmit the following identification data from the Lydia Application:

The following are accepted as official identity documents:

– Any title that meets the requirements set forth in Article 7, 1) a) of these T&Cs OR,

– For nationals not residing in the territory of the European Union, in a State party to the Agreement on the European Economic Area or in the Swiss Confederation the passport (provided that the issuing country provides the means necessary to verify the validity of the document) AND the valid visa as proof of entry and legal residence on French territory (in particular the Schengen short-stay visa, the temporary long-stay visa, the short-stay visa bearing the mention “student-competition”, the “working vacation” visa, etc.). ).

(b) Aggregation of a Bank Account in the name and surname of the Consumer opened with a financial institution established in the European Union or the European Economic Area.

The Consumer will also be asked to provide his / her home address during the alternative remote identity verification process.

(c) At the same time, during the main and alternative remote identity verification paths, if the Consumer is between 14 and 17 years old, he/she will be asked to provide by e-mail a certificate from his/her legal representative, written on plain paper, dated and signed, stating that the Consumer is acting under his/her supervision and with his/her agreement, accompanied by a color copy of both sides of a valid official identity document of the latter.

(d) At the same time, during the main and alternative remote identity verification paths, if the Consumer benefits from a legal protection regime reserved for adults (safeguard of justice, curatorship, guardianship, future protection mandate), he/she OR his/her legal representative will be obliged to transmit to Lydia, spontaneously or upon request, additional supporting documents (in particular the decision of the competent protection judge stating the protection measure with regard to the Consumer and designating his legal representative and a copy of both sides of the legal representative’s identity card in color).

Face-to-face Identity Verification

In the context of exceptional events, the Consumer may also obtain the “Verified User” status verifying his identity with an authorized Lydia Agent, face to face. In this case, the Consumer presents his/her official title and valid ID to the authorized Lydia Agent, who verifies its validity. The Lydia Agent takes a double-sided copy or a color video of this document and formalizes the face-to-face meeting by sending an e-mail. It is hereby clarified that the official identity document presented to the Lydia Agent must meet the requirements set forth in Article 7, 1) a) hereof. The Consumer will also be asked to provide the Lydia Agent with his/her residence address.

9. How does Lydia work?

Step 1: Opening a Payment Account

To benefit from the Service, the Consumer accepts the opening of at least one Payment Account when subscribing. Lydia sends the Consumer a message acknowledging receipt of their request and informing them of the opening of a Payment Account, under the conditions described in Article 17 hereof.

A Payment Account is denominated in Euros (€) and records the payment, collection and transfer operations carried out by or for the benefit of the Consumer. The Payment Account and all sub-accounts attached to a Client Account are denominated in the same currency and have the same international account identifier (IBAN, International Bank Account Number). A Consumer can only issue or receive payments in the currency in which their Payment Accounts are denominated. Thus, if the Consumer’s Bank Account is in a different currency to their Lydia Payment Accounts, its banking institution might charge conversion fees.

Lydia expressly reminds the Consumer that according to Article L314-1 of the French Monetary and Financial Code, a payment account is an account held in the name of one or more persons, used for the purpose of executing payment transactions; that a Payment Account can in no way be assimilated to a Bank Account and that the balance of a Payment Account cannot be debited.

Step 2: Adding a payment method to the Consumer Account

Consumers can register a bank card, of which they are the holder, in the Application in order to use it as a means of payment for payment transactions or to recharge one of their Payment accounts.

Lydia has set up a priority selection mechanism for bank cards issued by the CB group of bank cards. Consumers can override the automatic priority selection by choosing another brand from those displayed as “accepted” by Lydia (see Lydia Manual> Accepted bank cards).

The deposit account agreement governing the bank card must authorise the transfer of funds by card. The Consumer then receives confirmation of the addition of a payment means under the conditions provided for in Article 18 “Methods of communication between Lydia and the Consumer” > “Communicating with the Consumer”.

The Consumer accepts that the data relating to their card is kept by Lydia’s technical service providers in charge of debiting and managing user payment cards (service providers responsible for implementing the secure software and protocols required for registration, transmission and secure processing of card fund transfer orders), for the sole purpose of executing their payment transactions or recharging of their Payment Accounts.

Step 3: Payment transaction

The Consumer can initiate a payment:

Either as part of a face-to-face payment with the Beneficiary, via a QR code or via Bluetooth (if device is compatible);
Or as part of a remote payment:
- With the Lydia Application, by selecting the payment beneficiary from the contacts in their directory (which implies that the Consumer has agreed to link the contact directory to the Lydia application) or by entering their telephone number, email address or IBAN number;
- With the Lydia Application, by accepting a request for payment issued by another Private or Professional Consumer using the Lydia PRO Service;
- With a bank card, outside the Lydia Application, by performing a payment transaction through a CB Form offered by a Private or Professional Consumer using the Lydia PRO Service.

The payment means (Lydia balance, bank card or Bank Account) of the paying Consumer is debited immediately and the Beneficiary’s Payment Account, if the latter has a Lydia Consumer Account, is credited upon receipt of confirmation from the Lydia technical service provider in charge of debiting the payment method. The transaction cannot be cancelled either by the payer or by Lydia. Only the beneficiary can, by whatever means, return the funds to the payer (see 15. The responsibility of the Consumer > Final payment order).

Unless the Consumer directly enters the IBAN of the Beneficiary, if the beneficiary does not hold a Lydia Consumer Account, they then receive an SMS or an email inviting them to install the Lydia application or to perform a transfer to their Bank Account by entering their IBAN within seven days. After this period, the transaction is cancelled and the payment means used is re-credited.

When consenting to the execution of a payment, the Consumer selects the payment means they wish to use to debit the funds. The operation can only be carried out if the selected payment means is linked to an account with sufficient funds.

An electronic transaction receipt is sent to the Consumer, under the conditions set out in Article 17 “Method of communication between Lydia and the Consumer” > “Communicating with the Consumer”.

Lydia and the PSP may refuse a payment order. The Consumer will be informed of the reason for refusal the day following the refusal at the latest, unless a national or European provision prohibits it.

The Consumer is solely responsible for the payment transactions they issue. Once a transaction has been carried out and confirmed, the selected payment means is debited. Lydia cannot be held responsible in the event of an error made by the Consumer.

Step 4: Receipt of funds (collection)

The funds are credited to the Beneficiary’s Consumer Account instantly if the latter is a professional or is already a Consumer.

Otherwise, the Beneficiary is informed of the transaction by SMS or email and can receive funds within seven days:

By downloading the Lydia Application;
By making a transfer to the Bank Account of their choice. To do this, the Beneficiary provides their IBAN

Otherwise, after seven days, the transaction is cancelled and the Consumer Account issuing the payment is re-credited.

Step 5: Transferring funds to the Bank Account

Consumers can, if they wish, transfer all or part of their Lydia balance to the Bank Account of their choice, within the limits set out by the conditions in the Pricing & Limits Appendix. To do this, the Consumer is requested to provide the IBAN relating to the Bank Account to which he/she wish to make a transfer. This can be achieved by:

Aggregating their bank to the Application. In this case, they must accept the Budget Insight General Conditions of Use or the TINK AB General Terms of Use depending on the bank holding the account.
Directly entering their IBAN in the Application.

If the Consumer Account is blocked, they should refer to the Article 14 “How Lydia ensures the security of its Service”.

10. Other services and features offered by the Lydia app

Gift Card

Lydia offers the Consumer the possibility to buy gift cards from a partner brand.

Before choosing the gift card, the Consumer acknowledges and accepts the conditions of validity and use of the gift card specific to each brand. The choice of a gift card is final and may not give rise to an exchange or a refund in any form whatsoever from Lydia or its partners brands. These gift cards can be used to pay in store or on the partner’s website, using a code provided at the time of order.

Lydia sends the Consumer their gift card by email within the deadlines indicated. A gift card is a digital content not provided on a material and personalized support and is therefore neither exchangeable nor refundable nor eligible for the right of withdrawal.

The offers are independent of Lydia, the brand publishing the gift card is solely responsible for ensuring its validity under the conditions indicated on it and previously accepted by the Consumer . For any question or complaint regarding the use of the gift card, the Consumer must contact the brand directly using the contact details given on the gift card.

Lydia does not transmit the Consumer’s personal data to the brand or to any third party. Only information concerning the use of the gift card and the beneficiary’s profile can be used and shared with a third party in order for them to receive the most relevant offers. For more information, please refer to the Lydia Manual.

Shared accounts

Consumers can create or become a member of a shared account. For more information on this feature, the Consumer can consult the Special Conditions of Use for Shared Ac counts.

Lydia Plans

Consumers can subscribe to paid subscriptions named Lydia Bleu or Lydia Noir. The Lydia Bleu or Lydia Noir status allows access to more services with extended limits (see Pricing & Limits appendix). To benefit from this service, the Consumer will be required to consult and accept the Terms and Conditions of Lydia Plans.

Payment card

Consumers over the age of 18 can obtain a payment card, virtual or plastic, with automatic authorisation. Consumers should consult the General Terms and Conditions of Use of Visa Lydia card.

IBAN

For Consumers who have obtained the “Verified User” status (see The cost for Lydia) with an IBAN (Consumer Account identification number). The Consumer can make transfers to or from their Consumer Account via this IBAN. To benefit from this service, the Consumer is invited to consult and accept the General Conditions of Use of the Lydia IBAN Service.

Consumer discounts and rewards from a Professional

In partnership with Lydia, some Professionals offer discounts and rewards to Lydia Consumers, who can obtain a pro-rated refund on their Lydia Consumer Account after a purchase is made using the application. To benefit from this service, the Consumer is invited to consult and accept Terms and Conditions of the Lydia Discount Program.

Change of payment method

Consumers can change the source of each payment after it was made from their Lydia Consumer Account. The original payment method used will be re-credited and the new payment method debited for the same amount.For each payment or money withdrawal, the payment method can only be changed once. The use of the “Change payment method” featre is subject to limits set out in the Pricing & Limits Appendix.

Set up recurring payments

Consumers can set up reminder rules for recurring payments, according to the frequency they choose:

Either to carry out remote payment operations, meaning they will periodically receive a payment request (with the chosen frequency);
Or to make remote payment requests, meaning the payer designated by the Consumer will periodically receive a payment request (with the chosen frequency).

The implementation of payment rules is subject to the limits detailed in the Pricing & Limits Appendix.

Loyalty cards

Consumers can register their loyalty cards in the Application so that they are always available on their phone or tablet.

Money Pot

What is the Money Pot service?

The Money Pot Service (hereinafter referred to as “Money Pot”) allows the organiser of a Money Pot (hereinafter referred to as “Organiser”) to solicit other people, the “Participants”, in order to obtain joint funding for a defined purpose.

It is up to the Organiser to define the purpose of the Money Pot he/she creates. In accordance with the rules of use of the Lydia Service (Article 4: How does Lydia work? > What are the rules of use of Lydia?), the purpose must not be illicit, immoral or contrary to good morals and must be private. Money pots calling for public generosity and allowing in particular to finance a cause, a social, associative or entrepreneurial project by donation are strictly forbidden. Any person who finds that the purpose of a Money pot is contrary to these T&Cs is invited to contact Lydia support.

Lydia reserves the right to remove or block access to any Money Pot whose purpose it deems to be unlawful, immoral, or contrary to accepted standards of public decency, as well as any Money Pot that is suspected of money laundering or terrorist financing.

The Organiser remains solely responsible for the content and purpose of the Collection it publishes and cannot pass on responsibility for it to others, including the final beneficiary of the Money Pot.

The Organiser commits to the Participants to use all the funds collected on the Money Pot in strict compliance with the purpose he/she has defined. In the event of a breach of this personal obligation by the Organiser, the Participants will act directly against it and will not be able to hold Lydia and its partners responsible in any way, as they are third parties to the contract binding the Participants to the Organiser.

Who can create a Money Pot?

The restrictions applicable to the Money Pot, in terms of people and activities, are the same as those applicable to the Service (see How Lydia works > Rules of usage).

The Organiser, in order to be able to create a Money Pot, must have compatible up-to-date equipment as well as a number with an identifier for a country in which Lydia operates (see Lydia Manual). To be able to participate in the Money Pot, the Participants must either be a Lydia Consumer or have a bank card or payment card that is accepted by Lydia (see Pricing & Limits Appendix).

How much does the Money pot service cost?

The creation of a Money Pot is free.

However, limits may apply to payment transactions in accordance with the Pricing & Limits Appendix, which the Consumer is advised to consult prior to creating or participating in a Money Pot.

There are three ways to withdraw funds:

Transfer to a bank account;
Transfer to a third party Lydia payment account;
Exchange of funds for gift cards.

How to create a Money Pot?

Consumer can create a Money Pot in the Application by following the procedure described in the Lydia Manual. They then choose the title of the Money Pot before finalising the creation.If he/she prefer , the Organiser can also create a Money Pot from the Cagnotte website, edited by Lydia: https://cagnotte.me/, The Organiser will be able to choose the name of the Money Pot and then create it.

The Organiser can create several Money Pots in parallel (see Pricing & Limits Appendix).

How to Invite Participants to contribute to the Money Pot?

The Organiser can provide the url link of their Money Pot by SMS, e-mail or any other means of communication such as social networks.

He/she can also invite Participants by assigning them rights to the Money Pot (see Article 10: Other services and features offered by the Lydia app > Shared accounts).

How to participate in the Money Pot?

Participants invited to contribute to a Money Pot are free to contribute the amount they want, either by credit card payment or, if they are Lydia Consumers, using the available balance on their Lydia payment account or by making a transfer via the Lydia application. The transfer must be in euros.

The Organiser is informed of a Contribution under the conditions provided by Article 18 (“Methods of communication between Lydia and the Consumer” > “Communicating with the Consumer”). The contributions received are automatically accepted by the Organiser, beneficiary of the payment transaction. A Contribution to the Money Pot cannot be cancelled. Only the Organiser can refund the payer.

How long can a Money Pot be open?

The Organiser can freely define the period during which the Participants can contribute to the Money Pot. They can end it early at any time, especially when the target amount has been reached before expiration of the Money Pot.

How to balance / clear a Money Pot?

Once the Money Pot has been closed, the Organiser can:

withdraw funds;
transfer the funds to a bank account;
transfer the funds to their Lydia account;
transfer the funds to the Lydia account of a third party, if the Money Pot has been created from the Application;
convert the funds into a gift card (under the condition above).

If necessary, the Consumer can then make payment transactions with the funds transferred to their Lydia Account (see How Lydia works > Step 3: Payment transaction).

If the amount of the funds exceeds the limits indicated in the Pricing & Limits Appendix, the Organiser must obtain a Verified Account in order to be able to withdraw the funds (See Article 8: How do I get Verified User status?).

How to end a Money Pot?

> At the initiative of the Organiser

a) Termination

The Organiser may exercise their right of withdrawal within 14 calendar days of their acceptance of these conditions. This right of withdrawal can no longer be exercised once a contribution has been made to the Money Pot. Participants do not have a right of withdrawal.

b) Cancellation

Provided no contribution has been made to the Money Pot, the Organiser may terminate it without charge.

How to monitor the transactions made on the Money Pot?

Operations related to a Money Pot are accessible in real time directly from the Application. At the end of the Money Pot, the Organiser may ask Customer Care Service to obtain a PDF format document summarising all contributions to the Money Pot.

11. Monitoring operations carried out via the Lydia Consumer Account

Consumers can monitor transactions relating to their Lydia Consumer Account (debits and credits) directly from the application. On request they can obtain a free transaction report in electronic format from Lydia Support Service at the email address support.sumeria.eu.

Consumers are encouraged to check the information contained therein in order to assert their rights as soon as possible if necessary (see What to do in the event of unauthorised or incorrectly executed transactions).

Security

12. What to do in case of loss or theft of the device linked to the Consumer Account

As soon as they become aware of the loss, theft or any fraudulent use of the telephone or tablet on which the Lydia Application is installed, the Consumer should either:

If possible, connect to their Lydia Consumer Account from another phone/tablet and block their Consumer Account manually, from the Security section (4th tab > Security > Block my account). The Lydia Account Consumer will be temporarily blocked;
Request the blocking of their Consumer Account via Customer Care Service , without delay, by sending an email to support.sumeria.eu or by phone on 01 82 88 11 69 (Monday to Friday from 9am to 7pm).

Lydia cannot be held responsible for the consequences of a blocking request which does not come from the Consumer.

The unblocking of the Lydia Consumer Account will take place after analysis by our services and in consultation with the Consumer.

13. What to do in the event of unauthorised or incorrectly executed transactions

The Consumer must, without delay, notify Lydia of any unauthorised or incorrectly executed operations that they dispute by filling in the appropriate form, and at the latest within 13 (thirteen) months following the date of debit from their Consumer Account.

The dispute of said operations must be made by email or by registered letter with acknowledgment of receipt to the addresses indicated in Article 18 hereof.

Once the legitimacy of the dispute has been established, Lydia will reimburse the Consumer, at the latest, on the working day following receipt of the dispute, except in the event of suspected fraud.

14. How Lydia ensures the security of its Service

Protection of Consumer funds

The funds of the Consumer are deposited in an account opened with a credit institution in the name and on behalf of the SFPMEI. Thus confined, the funds benefit from the guarantee provided for in article L312-4-1 of the Monetary and Financial Code, up to the amount of 100,000 Euros per Consumer (as provided for in article 5 of the decree of 27 October 2015). which means that all creditor accounts with the same credit institution are added together to determine the amount eligible for the guarantee (subject to the application of the legal or contractual provisions relating to compensation with its debit accounts). The indemnity ceiling is applied to this total (for more information on this point, see the website of the Fonds de garantie des dépôts et de résolution).

Identification through strong authentication

Accessing a Consumer Account

When subscribing to the Service, Consumers must register their identifiers on the Lydia Application. Consumers must register two identifiers, their email and their mobile phone number, associated with a password. The Consumer must take all the measures necessary to ensure the security of their tablet or mobile phone and their personalised security device. They must keep their personalised security devices absolutely secret and not communicate them to anyone.

To ensure that passwords are secure, they must respect a certain format. The identifiers allow the Consumer to login when the Application is opened for the first time, when the Application is disconnected and each time a connection is made with a new mobile device.

The combination of one of the two identifiers and the password constitutes the personalised security device made available to the Consumer by Lydia, which is specific to the Consumer and placed under their protection.

In certain cases, the use of the personalised security device is coupled with a single-use password, with the aim of performing strong authentication of the Consumer.

Performing an operation

When using the Application, the Consumer must register a four-digit personal security code. This code must be entered during recharging, payment and reimbursement operations carried out at the request of the Consumer, as well as when consulting sensitive payment information.

By entering and validating their personalised security device and confirming the transaction, the Consumer gives their definitive consent to the payment order. From this moment, the Consumer can no longer revoke their order. It is also at this moment that Lydia receives the execution order, except in the case of a face to face transfer, where the reception of the order occurs during the code scan by the beneficiary of the transfer (see Lydia user manual).

For more information on personalised security devices, the Consumer should consult the Lydia Manual.

Each time they register or enter their personal identifiers, the Consumer must ensure that their environment is secure.

Communications with the Service are made only through secure channels. Lydia does not, for example, ever request the provision of confidential data via a website. If the Consumer has a doubt about the legitimacy of a request relating to the provision of confidential data, it is recommended they do not provide this data and should contact Customer Care Service via the email address support.sumeria.eu.

The fight against money laundering and the financing of terrorism

In application of the provisions of articles L.561-2 and subsequent of the Monetary and Financial Code relating to the participation of financial organisations in the fight against money laundering and the financing of terrorist activities, the Partners in their capacity as electronic money or payment service establishments, digital asset service provider (PSAN) or credit institution and Lydia as PSP Agent, are bound by certain regulations and obligations to fight against money laundering and terrorist financing and against corruption.

As such, Lydia and its Partners . can carry out all the procedures necessary for the identification of the Consumer and the beneficiary (Know Your Customer obligations,). They are also required to exercise constant vigilance over the business relationship, in accordance with applicable laws, and to examine the transactions carried out by the Consumer, ensuring that they are consistent with the current knowledge of the Consumer. In this respect, they may have to set up monitoring systems and, in the presence of transactions that appear to them to be inconsistent or suspicious, unusual or exceptional, to inquire of the Consumer or, where applicable, his or her agent, as to the origin or destination of the funds, the purpose and nature of the transaction or the identity of the person benefiting from it. If they fail to do so, Lydia and its Partners reserve the right not to execute the transaction or to cancel it or to terminate the contractual relationship.

The Consumer also recognises that Lydia and its Partners may issue reports to the competent authorities (Tracfin alerts for the fight against clandestine financial circuits), voluntarily or on request, voluntarily or on request (response to judicial or administrative requisitions).

The Consumer acknowledges that Lydia or its Partners may at any time terminate or postpone the opening of the Lydia Consumer Account, or the execution of an operation in the absence of sufficient information on its object or nature.

In this respect, no prosecution based on article 226-13 of the penal code and no civil liability action can be brought against Lydia or its Partners, their managers or their employees who have in good faith made the declarations mentioned in articles L.561-15 and subsequent of the Monetary and Financial Code.

Politically Exposed Persons

As part of its obligations to combat money laundering and the financing of terrorism, Lydia and its partners are required to apply additional due diligence measures with respect to politically exposed persons (hereinafter referred to as “PEPs”), who are subject to specific regulations due to the particular risks they and/or their close relations face in terms of financial support for terrorism, attempted corruption or the circulation of capital of fraudulent origin for money laundering purposes. In view of this higher risk, Lydia and its Partners are subject, in addition to the due diligence measures provided for any Consumer, to enhanced control and additional due diligence measures at the inception of the business relationship and during the execution of the Service.

Lydia reminds you that a PEP is defined under Article L. 561-10 of the Monetary and Financial Code as: “a person who is exposed to particular risks by reason of the political, jurisdictional or administrative functions that he/she performs or has performed or those performed by direct members of his/her family or by persons known to be closely associated with him/her, or who becomes so during the course of the business relationship”.

Consequently, any Consumer corresponding to this definition undertakes to perform all necessary diligence to enable Lydia and its Partners to carry out an enhanced review of the transactions carried out on his/her Consumer Account, to inform them of any exceptional transaction compared to the transactions usually recorded on his/her Consumer Account and to provide them with any document or information required in order to enable Lydia and its Partners to justify compliance with this specific regulation to the relevant authorities.

International Financial Sanctions

In the event that:

1) The Consumer and, if applicable, the Agent, or the country or territory in which it is located or established, becomes subject to economic or financial sanctions, trade embargoes or similar measures taken, promulgated or implemented by the United Nations, the United States of America, the United Kingdom, the European Union or any Member State or any other legal sanction recognized by Lydia or,

2) The Consumer Account is used in a manner that constitutes a violation of the sanctions referred to in (1), including without limitation any payment, direct or indirect, to OR received from a person subject directly or indirectly to such sanctions or located in a country or territory under extended sanctions, Lydia and its Partners, directly or through technical providers, may:

Not execute, suspend or cancel transactions initiated by or executed for the benefit of the Consumer,
Make all amounts owed by the Consumer due and payable in advance, and/or
Terminate access to the Service and close the Consumer Account.

When a Consumer Account may be blocked?

Passing limits

As soon as an operation leads to the passing of one of the limits mentioned in the Limits Appendix in relation to the Verified User status and where, if applicable, the Consumer does not provide the information or documents necessary for the verification of their identity, Lydia will be unable to execute the transaction and the Lydia Consumer Account of the Consumer will be temporarily blocked.

The requested operation can be carried out as soon as the Consumer has provided the required documents and evidence and Lydia has verified said documents provided by the Consumer. The latter will then receive an email confirmation of the unblocking of their Consumer Account.

A Consumer can also be blocked if the amount of their transactions, singular or cumulative, exceeds certain ceilings within a given time (see Pricing & Limits Appendi ces). Exceeding these limits temporarily prevents operations from being carried out.

Security measures

Lydia informs its Consumer of the existence of an anti-fraud mechanism that may lead to the registration of the Consumer on a list of persons presenting a risk of fraud and may lead to the blocking of the Consumer Account:

In the event of a suspected unauthorised or fraudulent transaction;
In the event of a significantly increased or proven risk that the paying Consumer is unable to fulfil their payment obligation;
If it turns out that the Consumer is in breach of these T&Cs, for example if they hold several Lydia Accounts.

When Lydia refuses to execute a transaction, the Consumer is immediately informed by email, as soon as possible and, in any event, within three working days of the refusal. Lydia also indicates to the Consumer:

The reasons for the refusal, unless prohibited by other community or national legislation;
In the event of a material error, the appropriate correction;
In case of insufficient funds, the need to recharge the Consumer Account.

Lydia also reserves the right to block any specific payment instrument in the Consumer’s possession for reasons relating to the security of the payment instrument, the presumption of unauthorised or fraudulent use of the payment instrument, the failure to produce appropriate documentation and evidence, measures deemed necessary by Lydia to comply with its regulatory obligations, or the significantly increased risk that the Consumer (or legal representative) will be unable to meet its payment obligation.

To request the unlocking of their Lydia Consumer Account, the Consumer can contact Lydia Support at the following email address: support.sumeria.eu.

Rights & duties of the Lydia Consumer

15. The responsibility of the Consumer

Veracity of the personal information

On request, the Consumer undertakes to provide Lydia and its Partners all the information necessary to verify their identity and their transactions.

The Consumer declares and guarantees that the documents provided to Lydia and its Partners, as well as the information and / or certificates communicated to Lydia and its Partners when opening the account and throughout the duration of the Service, are, on the date on which they were delivered, correct, regular and sincere. Lydia draws the attention of the Consumers to the fact that it is their exclusive responsibility to comply with the legal obligations applicable to them. Lydia can in no way replace him/her in this area. In particular, the Consumer must comply with the tax obligations that apply to him, both in the various countries concerned by his / her transactions or investments concluded with Lydia or through its intermediation and in the country (ies) of his/her nationality or of his/her residence. He/she is committed to ensuring that any transaction carried out with Lydia or through its mediation complies with these laws, in particular in the fight against corruption and in tax matters.

Lydia reminds the Consumer that the use of false documents is punishable under articles 441-1 and subsequent of the Penal Code. Consumers using false documents will be penalised by the closure of their Lydia Consumer Account and will be subject of a declaration and/or a complaint against them filed with the relevant authorities.

In addition, any Consumer providing false information will be liable for the payment of a penalty (see Pricing & Limits Appendix).

Strictly Personal Consumer Account

Lydia also reminds Consumers that their Lydia Account is strictly personal. It is strictly forbidden for the holder of the Consumer to lend it or to dispossess it. Any assignment or transfer of a Lydia Consumer Account to a third party is strictly prohibited and will result in the termination of the Consumer’s access to the Service by Lydia, without notice.

Duty of vigilance

When the Consumer makes a payment transaction, whether face to face or remotely, they must ensure the identity of the recipient and verify the amount of the transaction.

Likewise, in the case of remote payment, on the Internet for example, the Consumer must be vigilant in ensuring that the payment platform used by the seller is secure.

Lydia and its Partners are not responsible for any loss due to a technical breakdown of the payment system if such is reported to the Consumer by a message on the device or in another visible manner.

Normal use

The Consumer undertakes not to use their Lydia Payment Accounts for the purchase of services or products illegal or contravening public order or good morals. In addition, the Consumer undertakes to make normal use of their Consumer Account and Payment Accounts in order to exclusively perform the operations for which the Application is intended.

Positive Payment Account

The Consumer undertakes to honour any payment order made with their Lydia Payment Accounts.

Before each and every payment or withdrawal operation, the Consumer must systematically ensure that the balance of the Payment Account selected to support the operation is sufficient and available to be able to perform the operation and must stay that way until the operation is completed.

The existence of a dispute between the Consumer and a third party, notably due to the non-conformity of an item or service sold, may not justify the refusal to honour a payment order.

Rectification of a negative balance

Theoretically, the Consumer Account balance cannot become negative (less than 0). However, the Consumer Account balance may become negative following certain events (cf. Lydia Manual). If such a situation occurs, the Consumer should recharge his account.

The Consumer will immediately be informed of the situation and should recharge his account without delay.

If the Consumer does not recharge his Account within a reasonable delay, the Consumer accepts that Lydia will debit the credit card or payment card connected to the Consumer Account up to the amount required to make the Consumer balance null.

Under the condition provided in the “Communicating with the Consumer” article, the Consumer will be informed of:

The amount debited
The credit or payment card concerned ;
The date of the debit.

The Consumer should make sure that the balance of the account connected to the credit or payment card concerned has sufficient funds.

If he/she wishes the debit to be made on another account, the Consumer must contact the Customer Care Service before the communicated debit date (see Article 18: “Methods of communication between Lydia and the Consumer”).

In accordance with Article L111-8 of the Code of Enforcement Procedures, the costs of enforcement, undertaken with an enforceable title, for the recovery of the debit balance are the responsibility of the Consumer. Recovery costs undertaken without an enforceable title remain the responsibility of Lydia. However, Lydia will be able to justify the necessary nature of the steps taken to recover its debt and ask the enforcement judge to leave all or part of the costs thus incurred to be borne by the bad faith debtor.

Final payment order

Consumers cannot revoke their consent once their payment orders have been received by the beneficiary’s service provider.

Consent to carry out a payment transaction is given by Consumers, before or after determining the amount, by:

Entering their confidential code on their phone or tablet;
Remote communication and/or confirmation of the data;
Communication or use of any personalised security data during a payment transaction;
Presenting and holding the smartphone or tablet in front of a device identifying the presence of “contactless” technology;
The use of a biometric recognition device (e.g. fingerprint sensor on the mobile phone).

When the Consumer provides their banking data as part of a series of payment transactions, they give their consent once for all transactions. The Consumer may however withdraw their consent no later than the working day preceding the execution of a transaction.

In all cases, any Consumer facing bankruptcy cannot revoke their consent to a payment order.

16. The responsibility of Lydia to the Consumer

Correct execution of payment orders

Lydia, in its role as a PSP Agent, is responsible vis-à-vis the Consumer for the proper execution of payment transactions ordered or received via the Service, namely:

Payment orders from the Payer’s Bank Account to that of the beneficiary;
Payment orders between two Lydia accounts;
Transactions to or from a Lydia Payment Account.

1) When a payment transaction has been incorrectly executed by Lydia or has not been authorized by the Consumer or the legal representative, it must be contested by the latter without delay and at the latest within 13 (thirteen) months following the date of the transaction under penalty of foreclosure (Article L133-24 of the Monetary and Financial Code).

In this context, when the unauthorized payment transaction has been correctly reported, Lydia will reimburse the Consumer for the amount of the unauthorized transaction immediately after becoming aware of the transaction or after having been informed thereof, and in any case. of cause no later than the end of the first following working day, unless there is good reason to suspect fraud or gross negligence on the part of the payment service user; in these two situations, Lydia is not required to reimburse the Consumer subject to the written communication of this refusal of reimbursement and its reasons to the Banque de France (Article L133-18 of the Monetary and Financial Code). In the event of a refund by Lydia, if it is established that the transaction was in fact authorized by the Cardholder, Lydia reserves the right to reverse the amount of the refund wrongly made to the Consumer Account.

In the event of an unauthorized payment transaction following the loss or theft of the payment instrument, the Consumer shall bear, before the information provided for in Article 11 “What to do in case of loss or theft of the device linked to the Lydia Consumer Account?”, losses linked to the use of this instrument, up to a limit of 50 euros (€).

2) In the event that the Consumer incorrectly executes a transaction, Lydia shall endeavour to retrace the transaction and shall report on the result of its search, at the request of the Consumer and without any liability for Lydia provided it has respected its obligation of means.

3) The Consumer bears all the losses occasioned by poorly executed operations if these losses result from a fraudulent act on his/her part or if he/she has not intentionally or through gross negligence satisfied the security obligations defined in these T&Cs.

4) In addition, Lydia reserves the right to reverse transactions credited to the Consumer Account and unpaid income or any other operations wrongly credited to the Consumer Account or falling within the scope of Article 15 of these T&Cs.

Force majeure

Lydia cannot be held responsible in the event of force majeure defined by Article 1218 of the Civil Code and by the case law of the Court of Cassation as an external event, unforeseeable and irresistible, beyond the control of the debtor of the obligation, which could not be reasonably foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation by its debtor.

Anti-money laundering and terrorist financing

Lydia cannot be held liable for the direct and indirect consequences linked to measures imposed on it by legal or regulatory provisions, in particular the freezing of assets, which it may have to implement in the context of obligations enforced upon it by the public authorities, in particular in the fight against money laundering and the financing of terrorism. As such, Lydia cannot be held responsible for any delays in execution that may be caused.

Professional secrecy

Transactions and personal data are covered by professional secrecy to which Lydia and its Partners are bound. However, this secrecy can be lifted at the express request of the Consumer or with his express authorization on a case-by-case basis or, in accordance with the law and international conventions and this, in particular at the request of the supervisory authorities, the tax or customs administrations, as well as that of the criminal judge.

In accordance with the law, Lydia is also authorized to share professional secrecy for the purposes of business relationship management for the benefit of its service providers and business partners or to third parties during credit transactions, on financial instruments and products, on precious metals, crypto-assets, guarantees or insurance intended to cover a risk associated with a payment account, or in the event of assignments or transfers of receivables or contracts. In addition, the Individual Client authorizes Lydia to share professional secrecy with its partners for marketing and research purposes under the guarantee conditions of its Lydia personal data protection policy.

Continuity of service and malfunctions

Lydia will make its best efforts to ensure the continuity of the Service. However, Lydia cannot be held liable with respect to the Consumer in the event of a malfunction, error or interruption of the Service as long as it has taken all the necessary measures at its disposal to remedy these malfunctions.

Consumers acknowledge that their access to the Service may be occasionally restricted to allow the correction of errors, maintenance or the introduction of new features or new services.

Consumers must ensure that their equipment is compatible with the Lydia Application and that they have installed the updates necessary for the proper functioning of the Service. The Consumer is personally responsible for the rental or acquisition, installation and maintenance of equipment and the rights to use the software.

The Consumer must have ensured, under his responsibility, the compatibility of his hardware terminal with the Lydia Service and to have installed all the updates necessary for the proper functioning of the Service, available on the application stores.

Although Lydia makes its best efforts to optimize compatibility, it cannot guarantee that the Service will work with all existing terminals. Consequently, Lydia is not involved in any dispute that may arise between the Individual Client and the supplier of the equipment or in the use of fixed or wireless telecommunications networks and their access providers.

17. Lydia’s use of Consumer personal information

Lydia attaches great importance to the protection and respect of privacy of its Consumers. For this reason, a Personal Data Protection Policy was created to inform the Consumers about:

The way in which Lydia, as data controller, collects, uses and shares the personal data given directly by its Consumers and/or collected indirectly by Lydia during the use of the Service by Consumers;
The rights of Consumers over their personal data and how to exercise them.

By accepting these T&Cs, the Consumer acknowledges having read and accepts Lydia’s Personal Data Protection Policy, accessible at any time on https://support.sumeria.eu/l/en/article/6ogzqxbjos-lydia-personal-data-protection-policy.

In accordance with the legislation relating to the fight against money laundering and the financing of terrorism, Lydia is required by the French legislator to keep the below items in transitional archiving (restricted access, transitional stage before deletion) for five years from the closing of the Consumer Accounts of its Consumers, or if no transaction is carried out for twenty-four consecutive months on a Lydia Consumer Account:

Documents relating to the identity of regular or occasional Consumers;
Documents and information relating to transactions made by Consumers.

For more information, the Consumer can refer to the Lydia Personal Data Protection Policy and to that of its Partners

18. Methods of communication between Lydia and the Consumer

Communicating with the Consumer

When Lydia wishes to pass information to the Consumer, it can use various communication means such as smartphone notifications, notifications in the app, emails or SMS. Consumers can at any time, via the 4th tab in the app, “Preferences”, activate or deactivate certain means of communication or the communication of certain information.

Contacting the Service to obtain information

The Lydia Support service is accessible from Monday to Friday, from 9:00am to 7:00pm:

By postal letter addressed to the Customer Care Service at 14 avenue de l’Opéra 75001 Paris France;
By email to support.sumeria.eu.

Contacting the Service for claims

Any complaint relating to these Terms of Service for Consumers is to be made by the Consumer to the Lydia Claims Department at the following address:

By postal letter: Service Réclamation, 14 avenue de l’Opéra, 75001 Paris France;
By email: support.sumeria.eu.

To help with the rapid processing of claims and with a view to perserve the environment, Lydia prefers to respond to claims by email rather than on paper.

The Consumer agrees to receive registered letters with electronic acknowledgment of receipt, as defined in Article 100 of the Code des postes et des communications électroniques (Post and Electronic Communications Code). This sending will be preceded by an email from the service provider responsible for sending the letter, allowing the Consumer fifteen (15) days to refuse this means of communication.

In the event of a complaint and if no agreement is reached with the Claims Department, or in the absence of a response within fifteen working days, thirty five days if the response is beyond Lydia’s control, the Consumer may take the matter to the competent court (see 20. Recourse in the event of litigation > Competent jurisdictions).

19. Intellectual property

Lydia grants the Consumer a personal, non-exclusive, non-transferable, non-assignable and terminable right to use the Lydia mobile applications, APIs and website for the sole purposes of using the Service. The Consumer acknowledges that the mere use of these mobile applications, APIs and Lydia website does not allow them to claim intellectual property rights of any kind over them.

Lydia retains exclusive ownership of the rights attached to the Lydia mobile applications, APIs and website, as well as all of their content, including the names, brands, domain names, logos or other distinctive signs that it owns. Reproduction of these elements is only permitted for information or reproduction purposes for strictly private use.

20. Validity

If any of the provisions hereof is declared null or inapplicable under the law and regulations, it will be deemed unwritten. However, it will not affect the validity or the applicable nature of the other provisions of the Individual T&Cs, and in any event, it will not affect the continuity of contractual relations, unless this clause is likely to modify the subject hereof.

21. Recourse in the event of litigation

Litigation between a User and a third party to Lydia

Lydia is not party to any dispute, even regarding the Service, between a Consumer or Money Pot User and a third party, Professional, Participant, Money Pot Organiser or even distributor of gift card.

Burden of proof

Proof of the operations carried out on the Payment Accounts by the Consumer is the responsibility of Lydia and results from the accounting entries of the latter, unless proven otherwise by any means provided by the Consumer who is responsible for keeping documentary evidence of transactions (statements of account).

Applicable law

The law applicable to these Terms of Service is French law. Only the English language version hereof is valid. Lydia and the Consumer agree to use English in their contractual relationships.

Amicable settlement of disputes

For any dispute not resolved by making a complaint and relating to the management of a Consumer Account, to the execution, non-execution, interpretation, validity and termination of the application hereof, and before any legal action, Consumers are invited to make their complaint directly to the Mediator of the SFPMEI, by post, to the following address: M. le Médiateur de l’Association des Sociétés Financières 24 avenue de la Grande Armée, 75854 PARIS CEDEX 17 or via the website http://lemediateur.asf-france.com/.

Recourse to mediation is a free procedure which is carried out in written form in the French language. The Parties (the Individual Customer and the PSP) may be represented by a lawyer or assisted by a third party of their choice and at their own expense. Each party may seek the advice of an expert at its own expense.

Competent jurisdictions

In the absence of an amicable settlement within the time limit (cf. Article 18 “Methods of communication between Lydia and the Consumer”) and unless otherwise provided by public order, the competent courts to deal with any dispute between the Parties are the French judicial Courts.

As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this agreement, affects your rights as a consumer to rely on such mandatory provisions of local law.

WITHDRAWAL FORM

In accordance with article L.121-20-12 of the Consumer Code, I have a withdrawal period of 14 (fourteen) calendar days from subscription without cost or motive. This withdrawal is only valid if legibly addressed and completely filled out, before the expiry of the time period mentioned above, by post to the following address: 14 avenue de l’Opéra, 75001 Paris, France or to the email address support.sumeria.eu.

I, the undersigned (SURNAME / First names), ________________ wish to withdraw my subscription to the Lydia Service, in accordance with the contract entered into on (subscription date dd/mm/yyyy) __________________ with Lydia and its Partners.

Enacted on:

Signature: