Relationship agreement for individuals – 02-04-2024

General

Article 1 : Definitions 

“ACPR” means the Autorité de Contrôle Prudentiel et de Résolution. 

“Lydia Mobile Application” means the application available for free download from the Google Play, App Store and Huawei AppGallery application shops for compatible devices and operating systems. It requires an active internet connection to function.

“Authentication” means the process by which Lydia verifies the access rights or validity of the use of a specific payment instrument, including the use of Customer Personalised Security Data. 

“Strong Authentication” means authentication measures based on the use of two (2) or more elements belonging to the categories “knowledge” (something only the Customer knows), “possession” (something only the Customer possesses) and “inherence” (something the Customer is) and which are independent in that the compromise of one does not call into question the reliability of the others, and which are designed to protect the confidentiality of the authentication data.

“Customer” means an individual of legal age acting for non-professional purposes under a contract with Lydia and holding a Lydia Account. 

“Holder Customer” means the Customer who has created a Lydia Shared Account by giving power of attorney to one or more Participants.

“Lydia Account” means the electronic money account or payment account opened in Lydia’s books in the name of the Customer.

“Lydia Shared Account” means an e-money or payment account opened in Lydia’s books and which is shared between two or more Customers, namely the Customer holding the Lydia Shared Account and one or more Participants. 

“Content” has the meaning given to it in Article 33 of Part 1 “Relationship Agreement”.
“Account Agreement” has the meaning given to it in Article 3 of Part 1 “Relationship Agreement”. 

“EEA” means the European Economic Area consisting of all EU Member States, Iceland, Norway and Liechtenstein. 

“EU” means the European Union. 

“Business Day” means a day on which Lydia or the service provider of the other party to the payment transaction carries out an activity that enables a payment transaction to be executed. Days on which payment systems that may be used for the execution of a payment transaction are closed shall not constitute Business Days. 

“Lydia” has the meaning given to it in Article 2.1 of Part 1 “Entry into Relationship”. 

“Lydia’s partner(s)” means the third party service provider with whom the Customer has a contractual relationship, if any, and who acts as an investment service provider or finance company or credit institution. 

“Lydia Manual” means the online Customer manual for the Lydia Application.

“Money pot” means the service offered by Lydia allowing the Customer, the Money pot organiser, to solicit other people, the “Contributors”, to finance one of its Wallets, for a defined purpose.

“Participant” means any physical person acting for non-professional purposes and authorised by the Customer to benefit from all or part of the electronic money services and/or payment services provided by Lydia to the Customer hereunder. 

“Party(ies)” means the Customer or Lydia. 

“Personalized Security Data” means any personal data defined, as the case may be, by the Customer or by Lydia for Authentication purposes (e.g., username, password, confidential code, TouchID, FaceID, Samsung biometry, etc. ).

“RIB” means the bank account information including IBAN, BIC and bank account number.

“Video selfie” means a video recording of the User that he/she makes himself/herself using a smartphone to carry out the identity verification described in Article 7 of this Agreement

“Durable support” means any instrument that enables the Customer to store information addressed to him personally, in such a way that the information can be consulted at a later date for a period of time appropriate to its purpose and reproduced in an identical form. 

“Verified User” means the status acquired by the Customer once the Customer has completed the identity verification process described in Article 7 of this Agreement.

“Wallet(s)” means, as the case may be, any part of the balance of the e-money account or the payment account opened in Lydia’s books on behalf of the Customer.

Article 2 : Presentation of Lydia

1. Lydia 

Lydia Solutions is a simplified joint stock company with a share capital of €1,785,979, registered in the Paris Trade and Companies Register under number 534479589 and whose registered office is located at 14 Avenue de l’Opéra 75001 Paris. é

Lydia is licensed as an electronic money institution authorised to provide payment services and as a finance company and is subject to supervision by the ACPR. Lydia’s authorisation can be checked at www.regafi.fr and https://euclid.eba.europa.eu/register. 

2. Lydia’s Partners 

Lydia’s Partners act as payment and investment service providers, financing companies or credit institutions. As such, they are authorised to offer their services to the Customer. 

The electronic money services and/or payment services provided hereunder are only provided to the Customer as a result of and in the context of its contractual relationship with Lydia. 

Article 3 : Relationship between the customer and Lydia

1. Account agreement 

This Account agreement is a framework contract within the meaning of Article L. 314-12 of the French Monetary and Financial Code and the Order of 29 July 2009 relating to relations between payment service providers and their customers with regard to information obligations of payment service users and specifying the main stipulations that must be included in deposit account agreements and framework payment service contracts. 

The Account agreement is applicable from May 10, 2023.

The Account agreement is composed of : 

• This Relationship Agreement
• The Electronic Money Account Agreement or the payment account agreement, depending if the Client has an electronic money account or a payment account;
• The Fees and Limits Appendix; 
• If applicable, the Card Agreement; 
• If applicable, the Agreement for Lydia Paying Plans

The purpose of the Account agreement is to define the terms and conditions under which Lydia provides the Customer with electronic money and/or payment services. 

Other contractual documents also govern 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. The General and Specific Conditions of the additional services may be modified in accordance with the applicable regulatory requirements independently of this Agreement, subject to compliance with the associated legal notices.

2. Conclusion, dematerialisation and means of communication 

The Account agreement is approved by the client by acceptance. 

The Customer acknowledges and agrees that the entire relationship with Lydia is dematerialised. Any information or document to be given to the Customer will be transmitted on a Durable Support by Lydia and/or, if applicable, made available on the website https://www.lydia-app.com/ and in the Lydia Mobile Application.

To be able to access the Lydia Account and the services associated with it, the Customer must use an equipment compatible with the Lydia Application (mobile phone such as a smartphone, mobile tablet or any other compatible connected object), and a valid mobile phone number issued in one of the following countries Metropolitan France and DROM-COM (numbers starting with +33, +262, +596, +590 and +594); Monaco (+377); Belgium (+32), Germany (+49); Spain (+34); Portugal (+351); Italy (+39) and Luxembourg (+352).

In order to benefit from all of Lydia’s services in optimal and secure conditions, the Customer must also ensure that they have installed the latest update of the Lydia Application.

Lydia makes its best efforts, but cannot guarantee that the Lydia Application will be compatible with all existing terminals on the market and in particular terminals equipped with outdated Android or iOS operating systems. 

At any time during the contractual relationship and at the request of the Client, the Account agreement may be communicated to him free of charge on paper. 

3. Interpretation 

For the purposes of the Account agreement, (i) words written in the singular also imply the plural and vice versa, (ii) the expressions “in this Account agreement”, “the Account agreement”, “(ii) the words “herein” and their derivative forms or similar expressions refer to the Account agreement as defined in Article 3.1 of the Relationship Agreement and (iii) the examples following the words “include”, “including”, “in particular”, and other words having the same meaning are not exhaustive. 

Any reference to a legal provision means that the provision may be amended, replaced or codified because such amendment, replacement or codification is applicable or may be applicable to the transactions mentioned by this Account agreement. 

References to a person shall include his or her successors, assignees and permitted transferees. 

The titles of the articles are for information purposes only and should not be taken into account in the interpretation of the Account agreement. 

4. Online access to the Lydia Account

The Lydia Account and its associated services are accessible online from the Lydia Application.If the Customer has forgotten his password, changed his telephone number (linked to his Lydia Account) and/or blocked his Lydia Account due to too many unsuccessful attempts to enter his password (three wrong entries), he needs to follow one of the recovery paths that will be offered to him to regain access to his Lydia Account.

Article 4 : Lydia shared account service

A Customer may benefit and have others benefit from the Lydia shared account service by giving a proxy to a Participant to act on a Lydia account of which he is the holder Customer. In order to benefit from the shared account service alongside the account holder, the Customer receiving the power of attorney must accept it.

The Customer holding a Lydia Shared Account has several rights, namely

• (1) the right to consult the balance;
• (2) the right to consult the transaction history;
• (3) the right to use the funds;
• (4) the right to modify and give power of attorney to other persons to act on his behalf on his Lydia Shared Account; and
• (5) the right to close the Lydia Shared Account.

The Customer Holder, by granting power of attorney to act on a Lydia Shared Account to a Participant, may grant him the above mentioned rights n°1 to n°4. However, the above-mentioned right n°5 (right to close the Lydia Shared Account) cannot be granted to a Participant. In the event that the Client holder shares right no. 4 (right to modify or give power of attorney) to a Participant, the latter becomes an Entitled Participant and may as such modify the rights of other Participants or share one or more rights in turn with new Participants. Any Entitled Participant necessarily has all the above-mentioned rights n°1 to n°4. Thus, the granting of the above-mentioned right n°4 to a new Entitled Participant automatically entails the granting of the other rights n°1 and n°3 above, and any withdrawal of right n°4 from an Entitled Participant is accompanied by the automatic withdrawal of all the above-mentioned rights n°1 to n°4. 

By using the shared account service: 

• the bank client acknowledges and accepts that he/she remains fully liable to Lydia for any transaction carried out by a Participant in the context of the provision of the payment services provided for herein. In this respect, the holder Client is informed that any transaction carried out by a Participant in compliance with the Agreement will be considered as a transaction carried out by the holder Client; and 
• the Participant acknowledges and accepts that the Holder Client is the sole owner of all the funds in a Lydia Shared Account, including when this Lydia Shared Account has been funded by one or more Participants, and that the Holder Client is the final decision-maker on the rights of all the Participants. As such, the Client Holder may revise or revoke the rights granted to a Participant at any time.

The use of the Lydia Shared Account service is subject to the thresholds specified in the Fees and Limits Appendix.

Article 5 : Money pots

The Customer can create Money pots with the Lydia Application. It is up to the Customer to define the purpose of the Money pots, which 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 Money pots is contrary to the Account agreement is invited to contact Lydia support.

Lydia reserves the right to delete or block access to any Money pots whose purpose it deems to be illegal, immoral or contrary to good morals, as well as any Collection on which there are suspicions of money laundering or terrorist financing.

The Client remains solely responsible for the content and purpose of the Collection it publishes and may not pass on responsibility for it to others, including the final beneficiary of the Money pot. It undertakes towards the Contributors to use all the funds collected on the Money pot in strict compliance with the object it has defined. In case of breach of this personal obligation by the Client, the Contributors will act directly against it and will not be able to hold Lydia and its partners liable in any way as they are third parties to the contract binding the Contributors to the Client.

To be able to participate in the Money pot, Contributors must: (i) have been invited by the Customer to participate in the Money pot or have the Money pot URL link, (ii) use their available balance on one of their Wallet (if they are Customers) or use a payment card accepted by Lydia. 

There is no charge for creating a Money pot. However, fees and limits may apply to payment transactions in accordance with the Fees and Limits Appendix which the Customer should consult prior to creating or participating in a Money pot.

Withdrawal of funds collected through a Money pot can be made in a number of ways, including

• Transfer to a bank account;
• Transfer to another Wallet;
• Transfer to another customer;
• Exchanging funds for Gift Cards.

The organiser can create several Money pots at the same time (within the limits set in the Fees and Limits Appendix) but never more than one per Wallet.

The contributions received are automatically accepted by the organiser, beneficiary of the payment operation. A contribution to the Money pot cannot be cancelled. 

The Client may freely define the period during which Contributors may contribute to the Money pot. He may terminate it early at any time, in particular when the targeted amount has been reached before the Money pot expires. 

The operations related to a Money pot are accessible in real time from the Application. At the end of the Money pot, the organiser may ask Lydia support to obtain a document in PDF format summarising all the contributions to the Money pot.

Lydia is not involved in any dispute between a Customer or Money pot Contributor and a third party, professional, Money pot organiser.

Article 6 : Customer déclaration

The Customer declares that he is a natural person of legal age acting for non-professional purposes, on his/her own behalf and in his/her own interest, and acknowledges and accepts that the services provided for herein may not be provided to him/her in the context of the exercise of a commercial, industrial, craft, liberal or agricultural activity. The Customer also certifies that he/she does not already hold a Lydia Account.

The Customer also declares that he/she is not a “US Person”, i.e. that he/she is not a US taxpayer as defined by the US tax authorities and the FATCA Act of 18 March 2010 (Foreign Account Tax Compliance Act).

The following are defined as “US Person”: citizens of the United States or any person who is deemed to be a citizen of the United States if he or she holds 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 holds another nationality or has his or her residence in another country; residents of the United States, regardless of their nationality, who are (i) a person who is considered a US tax resident under US federal law, (ii) a person who applies to be treated as a US tax resident, or (iii) a person who is considered a US tax resident under the law of that US state; holders of a US green card; persons whose principal residence or business address is in the United States; persons whose principal mailing address is in the United States. 

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

The Client has and shall retain full legal capacity for the duration of the Agreement. The Client also declares that he is not under any legal or judicial prohibition during the term of the Agreement.

The Customer declares that all the information he/she provides to Lydia is and will remain accurate throughout the duration of the Agreement. The Customer also agrees to respond to any request to update such information made directly by Lydia or its Partners. Lydia shall not be liable for the consequences of not updating the information. 

It is the Customer’s responsibility to notify Lydia in writing of any changes to his or her status as a user of Lydia’s services, in particular in the event of a change in his or her contact details (telephone number, address, e-mail), professional activity, marital status, capacity, matrimonial regime, nationality, address (home, tax and postal), identification details of any agents and status (in particular in the event of acquisition of the status of citizen of the United States of America or of the so-called “Green Card”).

Lydia further reminds the Customer that his Lydia Account is strictly personal. It is strictly forbidden for the holder of the Payment Account to lend it or to dispose of it. Any assignment or transfer of a Lydia Account to a third party is strictly prohibited and will result in the termination of the Customer’s access to the Service by Lydia, without prior notice.

Article 7 : Identity verification

The Customer who reaches certain limits, as detailed in the Fees and Limits Appendix, or wishes to benefit from specific services (e.g. virtual payment card issuance or paid subscriptions) must obtain Verified User status before continuing to use his Lydia Account.

Otherwise, any payment transaction(s) credited to the Lydia Account of a user not benefiting from the Verified User status, and exceeding the maximum amount that can be credited to a payment account whose identity has not been verified by Lydia (Article D133-7 of the Monetary and Financial Code) will be put on hold for 7 days in order to allow the Customer to complete the identity verification process. At the end of these 7 days, if the Customer has not completed the identity verification process and has not obtained the status of Verified User, the pending payment transactions will be cancelled and the funds returned to the issuing bank or payment account(s). 

The Customer may request Verified User status at any time from the Lydia Application. 

Remote identity verification

To obtain the status of Verified User, the Customer is invited to follow the following remote identity verification path: 

1) The Customer may opt for the main remote identity verification path: the Customer must transmit the following identification data from the Lydia Application: 

A) A colour video recording, with a minimum resolution of 720p (280 × 720 at 25 frames per second), without any digital alteration or presence of effects or filters, of a valid official identity document in his/her name, made by the user through his/her mobile phone and including the movement of the document in front of the video sensor; This document must be 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 strip (“Machine-Readable Zone” or optical reading zone). 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 OR the passport;
• 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 the Swiss Confederation, the residence permit, drawn up in accordance with the model provided for by Regulation (EU) No 2017/1954 of the European Parliament and of the Council of 25 October 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 are not resident 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 e-passport, only the e-passport is recognised as an authoritative source for the country concerned.
• For third-country nationals who are refugees or recognised as stateless or beneficiaries of the protection provided for by 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 which has recognised the status of refugee or stateless person or granted protection. 

Nota Bene: Since 1 January 2014, the period of validity of the national identity card has been extended from 10 to 15 years for adults (over 18). This extension of the validity period does not apply to persons who were minors when their national identity card was issued (Article 10 of Decree No. 2013-1188 of 18 December 2013 relating to the period of validity and the conditions for issuing and renewing the national identity card). 

B) Taking a video selfie, i.e. a video capture of the user’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 Customer is asked to identify him/herself and/or to say a random sentence or a series of figures orally; the “video selfie” must also be taken in an appropriate setting and in appropriate clothing, Lydia retaining the right to refuse any video selfie that contravenes this directive.

Nota Bene: A biometric processing of the Customer’s face, captured during the selfie-video, is performed by Lydia. This specific processing allows or confirms the unique identification of an individual on the basis of his/her physical, physiological or behavioural 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 “CNIL”).

The Customer is free to choose during the remote identification process to obtain the “Verified User” status 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 Customer will also be asked to provide his home address during the main remote identity verification process.

C) A qualified electronic signature based on a qualified certificate issued by a qualified trust service provider registered on a national trust list, corresponding to measure 6° of Article R561-5-2 of the Monetary and Financial Code. In this context, the Customer undertakes to provide accurate identification data. The Customer acknowledges that in case of transmission of erroneous data, Lydia reserves the right to reject the identity verification. In case of a change in the data used to identify the Customer, Lydia reserves the right to initiate a new qualified signature procedure.

2) The Customer may also opt for the alternative remote identity verification route, if the Customer does not wish to perform a Selfie-video, he will be required to transmit the following identification data from the Lydia Application: 

A) A colour video recording, with a minimum resolution of 720p (280 × 720 at 25 frames per second), without digital alteration or presence of effects or filters, of a valid official identity document, made by the user through his/her mobile phone and including the movement of the document in front of the video sensor.

The following are accepted as official identity documents

• Any document meeting the requirements set out in Article 7, 1) a) of these OR,
• For nationals not residing in 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 holiday” visa, etc. ).

B) Aggregation of a bank account in the Customer’s first and last names opened with a financial institution established in the European Union or the European Economic Area. The Customer will also be asked to provide his/her home address during the alternative remote identity verification process.

C) A first transfer of 1 cent will then be made by Lydia to the bank account thus aggregated by the Customer, in order to comply with measure 3° of Article R561-5-2 of the Monetary and Financial Code. Lydia will then ensure that the first transfer has been credited to the aggregated bank account, thus validating the Customer’s identity verification measure. 

3) In the case of exceptional events, the Customer may also obtain Verified User status by verifying his identity with an authorised Lydia Agent, face to face. In this case, the Customer presents his valid official identity document to the authorised Lydia Agent, who verifies its validity. The Lydia Agent will make a colour copy of both sides of this document and formalise the face-to-face interview by sending an e-mail. It is hereby specified that the official identity document presented to the Lydia Agent must meet the requirements set out in Article 7, 1) a) hereof. The Customer will also be asked to provide the Lydia Agent with his/her residence address. 

Pricing

Article 8 : rates

The provision by Lydia to the Customer of the electronic money services and/or payment services provided for in this Account agreement is subject to the pricing set out in the Fees and Limits Appendix applicable to the products and services. 

In January of each year, a specific document summarising all the charges levied by Lydia during the previous calendar year in respect of the provision of the electronic money services and/or payment services provided for herein shall be sent to the Customer on a durable support. 

Article 9 : Withdrawal

In accordance with Articles L. 222-7 et seq. of the French Consumer Code, the Client has the right to withdraw from the Relationship Agreement without giving any reason by returning the withdrawal form attached hereto duly completed and signed:

• By email to support@lydia-app.com ;
• By letter addressed to : Lydia Solutions, Customer support, 14 avenue de l’Opéra, 75001 Paris.

The Customer expressly and unreservedly requests the immediate provision of the services provided for herein before the expiry of the withdrawal period, without, however, waiving this right, which shall remain with him.

The right of withdrawal must be exercised within fourteen (14) calendar days from the date of entry into force of the Agreement, the date of sending the withdrawal email being taken as proof.

If the Client decides to withdraw from the Agreement before the services provided for herein are provided to the Client, the Agreement shall be cancelled without any fees and/or costs being due. 

If the Customer decides to withdraw from the Agreement after services have already been provided by Lydia to the Customer, the Agreement is cancelled and: (i) Lydia will refund to the Customer as soon as possible and no later than thirty (30) days all sums received under the Agreement except for sums corresponding to the service actually provided prior to withdrawal and (ii) the Customer will be obliged to return to Lydia as soon as possible and no later than thirty (30) days any sums received by the Customer from Lydia. 

Regualtions applicable to Lydia

Article 10 : Fight against money laundering and terrorist financing and international sanctions

Lydia is subject to compliance with (i) applicable anti-money laundering and anti-terrorist financing regulations and (ii) international sanctions and asset freezing measures. In this context, Lydia must in particular apply vigilance measures with regard to the Client, its beneficial owners, its trustees and all the operations they carry out. 

Thus, before entering into a business relationship, and throughout the duration of the business relationship, Lydia may ask the Customer or its representative to communicate to it all the information that Lydia would find useful to comply with these said regulations. 

In accordance with applicable regulations, Lydia reserves the right to suspend, not execute a transaction or terminate this Account agreement in the event that (i) the Customer or its agent fails to provide the information necessary to comply with such regulations or (ii) the Customer and, if applicable, the trustee, 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, France or any Member State or any other sanction recognised by Lydia or, (iii) a Lydia Account is used in a manner that would constitute a violation of the sanctions referred to in (ii), including without limitation any payment, directly or indirectly, to or from a person who is directly or indirectly subject to such sanctions or who is located in a country or territory under extended sanctions. In this context, Lydia may also be required to make any declaration to the relevant authorities. 

Article 11 : Politically exposed person

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 to politically exposed persons (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 bribery or the circulation of money 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 customer, to enhanced control and additional due diligence measures at the inception of the business relationship and during the performance of the Service.

Lydia reminds that the politically exposed person (“PEP”) is defined under Article L. 561-10 of the Monetary and Financial Code as: “a person who is exposed to particular risks by virtue of the political, jurisdictional or administrative functions that he/she exercises or has exercised or those exercised 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 a business relationship”.

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

Article 12 : Data protection – Personal data

In the context of the business relationship, Lydia, as the data controller, collects personal data from the Customer. The Customer has the right to access, rectify, delete, limit the processing and portability of his data. The Customer also has the right to object to the processing for reasons related to his particular situation, and the right to object at any time to the processing of his data for commercial prospecting purposes. 

Customers can exercise their rights to the data and contact Lydia’s Data Protection Officer in the following ways: 

– By mail sent to the following address Lydia Solutions, Data Protection Officer, 14 avenue de l’Opéra, 75001 Paris, France. 

– By email sent to the following address: dpo@lydia-app.com. 

Information on data processing is contained in the Personal Data Protection Policy made available on the lydia-app.com website. 

Article 11 : Opposition to cold calling

Any Customer who does not wish to be the subject of commercial canvassing by telephone can register free of charge on the telephone canvassing opposition list provided for in article L 223- 1 of the French Consumption Code directly on the website www.bloctel.gouv.fr or by post addressed to : Worldline – Service Bloctel – CS 61311 – 41013 BLOIS CEDEX. 

Any person registered on this list may not be canvassed by telephone by Lydia or one of its partners except in the case of solicitations made in the context of the performance of a current contract and related to the subject matter of that contract, including when the purpose is to offer the consumer products or services related to or complementary to the subject matter of the current contract or likely to improve its performance or quality. 

Article 12 : Professional secrecy

In accordance with Article L. 526-35 of the French Monetary and Financial Code, Lydia is bound by professional secrecy. All information concerning the Customer and his transactions that would be covered by professional secrecy may therefore not be disclosed to a third party without the Customer’s consent, with the exception of: 

• Lydia’s Partners;
• In accordance with the applicable law, public authorities such as the ACPR, the Banque de France, the Institut d’émission d’outre-mer, the Institut d’émission des départements d’outre mer, the judicial authority acting in the context of criminal proceedings or the tax authorities; 
• Persons with whom Lydia negotiates, executes or enters into the following transactions: (i) the acquisition of an interest or control in an electronic money institution, (ii) the assignment of assets or goodwill, (iii) the assignment or transfer of contracts, (iv) service contracts with a third party for the purpose of entrusting it with important operational functions, and (v) the consideration or preparation of any type of contract or transaction, provided that such entities belong to the same group as Lydia. 

In this context, the Client expressly authorises that, for the entire duration of the present contract, the professional secrecy shall be lifted in regard to: 

Any subcontractor or external service provider bound by professional secrecy under the same conditions as Lydia in the context of the provision of the electronic money services and/or payment services covered hereby. 

Article 13 : Consent to the use of data necessary for the execution of payment service

In accordance with Article L. 521-5 of the French Monetary and Financial Code, the Customer explicitly consents, by accepting this Account agreement, to allow Lydia to access, process and store any information provided by the Customer for the purpose of performing electronic money services and/or payment services. These provisions and this consent do not affect the respective rights and obligations of Lydia and the Customer with respect to data protection. The Customer may withdraw this consent by closing his Lydia Account. If he withdraws his consent in this way, Lydia will cease to use such data for the purpose of providing e-money services and/or payment services. However, Lydia may continue to process such data for other legitimate purposes and reasons, including its legal obligations. 

Article 14 : Protection of funds

The Customer is informed that the funds credited to his Lydia Account are protected under the conditions set out in Article L. 526-32 of the French Monetary and Financial Code and are, in accordance with the applicable regulations, held in a segregated account opened with BNP PARIBAS SA. They are thus protected against any recourse by other creditors of Lydia, including in the event of enforcement proceedings or insolvency proceedings against Lydia. 

Proxies

Article 15 : Trustee

The Customer may give power of attorney to a trustee to operate his Lydia Account, as he could do himself. However, only the Customer can close his Lydia Account or terminate the Account agreement. 

The trustee must not be a banker or a court-ordered person. Transactions initiated by the trustee are binding on the Client as if he had carried them out himself. Lydia reserves the right to accept, refuse or withdraw the power of attorney given. 

The power of attorney remains valid until revoked by the Client or his trustee. The power of attorney shall also cease to have effect in the event of the death of the Customer or the trustee. Lydia shall be informed of any revocation of a power of attorney. The Customer remains responsible for transactions that may have been carried out by the trustee after the revocation of the power of attorney, as long as the revocation has not been communicated to Lydia. 

The power of attorney shall not entitle the trustee to any remuneration. 

Modification – Duration – Termination

Article 16 : Amendment

Lydia reserves the right to modify the Agreement, including the pricing conditions, at any time. 

Any changes to the Agreement will be communicated to the Customer in a durable medium by email and on its website at least two (2) months prior to the effective date of the proposed changes. 

If the Customer refuses the proposed changes, he may, before the date on which the changes come into force, terminate the Agreement free of charge under the conditions set out in Article 19 of this Relationship Agreement. 

If the Customer does not contest the changes before the date on which they come into force, they shall be deemed to have been accepted by the Customer. 

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 the Account agreement, shall apply as soon as it enters into force.

Article 17 : Duration – Termination

1. Duration 

This Account agreement is concluded for an indefinite period. 

2. Termination at the Customer’s initiative 

The Customer may at any time and without need for justification: 

• Terminate the Account agreement, which will imply the automatic closure of the Customer’s Lydia Account and the termination of all additional services to the Lydia Account that may have been subscribed by the Customer. 
• Terminate one or more of the services provided by Lydia, with the exception of the Lydia Account, without this resulting in the termination of the entire Account agreement and the closing of the Lydia Account (e.g. termination of the card services only). Any request to close the Lydia Account will however automatically result in the termination of the entire Account agreement. 

Any request for termination must be made: 

• Directly in the Lydia mobile application by clicking on the Help tab; 
• By email to Customer Support at support@lydia-app.com; 
• By letter addressed to : Lydia, Support Client Lydia, 14 avenue de l’Opéra, 75001 Paris. 

Any request for termination will take effect immediately upon reception by Lydia and, in case of closure of the Lydia Account, any credit balance will be returned to the Customer after a maximum period of thirty (30) calendar days by wire transfer to an account opened in the Customer’s name and for which the details have been communicated (including by transmitting a valid RIB in the termination request). 

In case of closure of the Lydia Account, the Customer must ensure that a sufficient balance is maintained on his Lydia Account for the period of thirty (30) calendar days to ensure the execution of the transactions that are still in progress. 

The Customer remains liable to Lydia in the event of a negative balance and shall reimburse Lydia for any amount paid by Lydia on behalf of the Customer even after the termination of this Account agreement and the expiry of the thirty (30) day period. 

3. Termination at Lydia’s initiative 

Lydia may, at any time and without need for justification, subject to two (2) months notice: 

• Terminate this Account agreement, which will imply the closure of the Lydia Account and the termination of all additional services to the Lydia Account that may have been subscribed by the Customer. 
• Terminate one or more of the services provided by Lydia other than the Lydia Account without this resulting in the termination of the entire Account agreement and the closing of the Lydia Account (e.g. termination of the card services only). Any request to close the Lydia Account will however automatically result in the termination of the entire Account agreement. 

The Customer will be informed of the termination of this Account agreement or of part of the services provided by notification sent on a durable support by email. Any account balance will be returned to the Customer at the end of the two (2) month notice period by bank transfer to an account opened in the Customer’s name, the details of which will have been previously communicated to Lydia by the Customer (including by the transmission of a valid RIB). 

Lydia will not be required to give any notice period in the event of serious misconduct by the Customer (including insults or threats made by the Customer or his trustee against a Lydia employee), or in the event of any proceedings of any kind against the Customer, or in the event of abnormal operation of the Lydia Account. 

Fees regularly charged for the provision of payment services by Lydia are only payable by the Customer on a pro rata basis for the period due on the date of termination of this Account agreement. If paid in advance, such fees will be refunded by Lydia on a pro rata basis. 

The closure of a Lydia Account is irrevocable and prevents the Customer from opening another Lydia Account for a fixed period of time or permanently in case of breach of this Agreement, suspected fraud and/or legal wrongdoing.

Complaints – Mediation

Article 18 : Complaints

1. Contacts 

For any difficulty or complaint relating to the operation of the account or the use of the services made available to him, the Customer may contact the complaints department: 

• By email to the following address: support@lydia-app.com. 
• By mail to the following address, Lydia Solutions. Service Réclamation. 14 Avenue de l’Opéra, 75001 Paris. 

As part of the processing of recommendations, the Customer agrees to receive registered letters with electronic acknowledgement of receipt, as defined in Article 100 of the French Post and Electronic Communications Code. 

2. Handling of complaints 

Lydia undertakes to acknowledge receipt of the complaint within ten (10) working days and to provide a response to the customer within 2 (two) months, except in exceptional cases. 

In the event of a complaint regarding payment services, Lydia undertakes to provide a response to the customer within a maximum of fifteen (15) days following receipt of the complaint, except in exceptional situations where this period may not exceed thirty-five (35) days. In exceptional situations, if a response cannot be given within fifteen (15) Business Days, Lydia undertakes to send the Customer a holding response clearly stating the additional time required to respond to the complaint and specifying the latest date on which the Customer will receive a final response. In any event, a final answer will be communicated to the Customer at the latest within thirty-five (35) Business Days following the receipt of the complaint. 

As a last resort, the Customer may refer the matter to the Mediator free of charge. 

Article 19 : Mediation

The Mediator is the last amicable recourse before taking legal action. The referral to a Mediator is tantamount to an express authorisation by the client to waive professional secrecy with regard to the communication of information necessary for the mediation process. 

You may refer your complaint to the AFEPAME Mediator free of charge, provided that you:

• disagree with the answer given beforehand by the Lydia advisor and by the Lydia Support, 
• or you have not received a response to your complaint within two (2) months, or thirty-five (35) working days for a complaint concerning a payment service. 

The AFEPAME Mediator can be contacted:

• By email: contact@mediateur-consommation-afepame.fr;
• By post: For the attention of the AFEPAME Consumer Mediator: c/o WEBHELP – Zac de Gray – Impasse Clément Ader 70100 Gray

The AFEPAME Mediator’s website can be accessed via the following link https://mediateur-consommation-afepame.fr/.

Any dispute arising from a contract of sale or online services can also be formulated electronically on the European platform for Online Dispute Resolution (ODR) on the website: https://webgate.ec.europa. eu/odr/. 

Incidents

Article 20 : Operating incident

All operations requiring special treatment, in particular when they lead to an irregularity or an operating incident on the Lydia Account, are subject to specific charges as indicated in the Fees and Limits Appendix applicable to products and services. 

No fees or interest will be charged where the malfunction results from an error, omission or fault attributable to Lydia. 

Article 21 : Enforcement measures – Unseizable bank balance

1. Seizure of property and seizure of assets 

When a seizure is served, Lydia is obliged to declare and block the available balance on the Customer’s Lydia Account. Within a period of fifteen (15) Business Days following the attachment or seizure, this balance may be affected (positively or negatively) by transactions dating prior to the attachment. The Customer may contest the seizure initiated against him before the execution judge. 

In the case of an attachment procedure, Lydia will proceed to the payment of the sums due to the seizing creditor upon presentation of a certificate of non-contestation or upon a written declaration by the Customer indicating that he does not contest the attachment. In case the Customer contests the attachment, he has one month to contest after the court commissioner has informed him of the service of the attachment on Lydia.

2. Administrative seizure by third parties 

This procedure is used by the Treasury for the collection of taxes, penalties and incidental charges. It has the effect of blocking the available balance on the Customer’s Lydia Account under the same conditions as described above. 

At the end of a period of two (2) months (unless a different period is specifically provided for), Lydia is obliged to pay the amount claimed to the Treasury, unless the Treasury releases the claim. 

Lydia will leave at the disposal of the Customer, under the conditions and in the manner defined by law, and within the limit of the credit balance of the Customer’s Lydia Account on the day of the seizure, a sum of money of a maintenance nature and of an amount fixed by law. 

Proceedings initiated by the creditor, and with which Lydia is legally obliged to comply, give rise to the collection of a fixed fee debited to the Lydia Account. The amount of this fee is detailed in the Fees and Limits Appendix and cannot exceed the available balance on the Customer’s Lydia Account. Lydia automatically deducts these fees when sending the funds to the seizing creditor.

Miscellaneous

Article 22 : Force majeure

Lydia shall not be liable in case of force majeure as defined in article 1218 of the French Civil Code. 

Article 23 : Assignement

The Account agreement and all the rights and obligations relating thereto may not be transferred, in whole or in part, by the Client, either for consideration or free of charge. 

Lydia reserves the right to assign this Account agreement and all or part of the rights and obligations hereunder to any third party institution, provided that such third party institution has the necessary authorisations to provide the Customer with the electronic money services and/or payment services provided for herein. 

Article 24 : Compensation

It is agreed between the Parties that the reciprocal, liquid and due debts of Lydia and the Customer resulting from the execution of the Account agreement, shall be offset by debiting and crediting the Customer’s Lydia Account within the limit of the available balance. In the absence of sufficient funds in the Customer’s Lydia Account, Lydia reserves the right to debit the payment instrument registered in the Lydia application. In the event that an amount remains due from the Customer after clearing, this debt will remain payable. 

Article 25 : Language – Applicable law – Jurisdiction

The French language is used in all pre-contractual and contractual relations, as well as in all communication between the Customer and Lydia. 

The Account agreement and the pre-contractual relations are exclusively subject to French law. In the event of translation, only the French version of the Account agreement shall be binding between the Parties. 

The competent courts are the French courts. 

Article 26 : Validity

If any provision of the Account agreement is invalid or unenforceable under the law and regulations, it shall be deemed unwritten. However, it shall not affect the validity or enforceability of the other provisions of the Account agreement, and in any event, it shall not affect the continuity of the contractual relationship, unless such clause is of such a nature as to modify the purpose of the Account agreement. 

Article 27 : Banking mobility

In accordance with the applicable regulations, the Customer benefits from a free banking mobility service. This service allows the Customer to automatically transfer the direct debit of recurring transactions from an account opened with another institution to his Lydia Account or vice versa. 

The Customer may request to benefit from the bank mobility service by contacting the customer service department directly in his application or by e-mail at support@lydia-app.com. 

Article 28 : Brochure

A European Commission brochure on payment services is available on a durable medium on the Lydia website. 

Article 29 : Death

The death of the Customer terminates the Agreement. The sums held by Lydia on behalf of the deceased Customer will, subject to ongoing operations, be blocked by Lydia as soon as the death is announced and then released according to the terms of the estate settlement. 

Where applicable, the rules applicable to inactive accounts as set out in Article 32 of the Relationship agreement will apply. 

Article 30 : Inactive accounts

The French Eckert Law, which came into force on 1 January 2016, obliges institutions such as Lydia to identify inactive accounts and to inform their holders or their known beneficiaries of the consequences of continued inactivity. This information is renewed annually.

To cover its operating costs resulting from these additional obligations, Lydia may be required to charge inactivity fees. The amount of the fee is set out in the Fees and Limits Appendix and is limited to the available balance on the Customer’s Lydia Account.

A Lydia Account is considered inactive within the meaning of the applicable regulations under the following conditions: 

• At the end of a twelve (12) month period during which the following two (2) conditions are met: (i) the Lydia Account has not been the object of any transaction, except for the recording of interest and the debiting by Lydia of fees and commissions of all kinds and (ii) the Customer or the person authorised by him has not contacted Lydia in any way whatsoever or carried out any transaction on another account opened in his name in Lydia’s books; or 
• If the Customer is deceased, after a period of twelve (12) months following the death during which none of his heirs has informed Lydia of his wish to assert his rights on the assets registered on the Customer’s Lydia Account. 

When a Lydia Account is considered inactive, Lydia will inform the Customer, the person authorised by him or her or, if applicable, his or her beneficiaries known to Lydia, by any means at its disposal, and will inform them of the consequences of this. If applicable, this information is renewed annually until the implementation of the measures for the deposit of the assets at the Caisse des dépôts et consignations. 

Assets held in dormant Lydia Accounts must be deposited with the Caisse des dépôts et consignations: 

• At the end of a period of ten (10) years from the date of the last transaction, excluding the recording of interest and the debiting by Lydia of fees and commissions of all kinds, or from the date of the last manifestation by the Customer or the person authorised by him; or 
• At the end of a period of three (3) years after the date of death of the Client. 

In the absence of a request for restitution to the Caisse des dépôts et consignation, the sums are definitively acquired by the French State on the expiry of a period of : 

• Twenty-seven (27) years from the date of deposit with the Caisse des dépôts et consignation in the event of the Client’s death; 
• Twenty (20) years from the date of their deposit at the Caisse des dépôts et consignation in other cases. 

Article 31 : Lydia’s host status

Lydia hosts public communication areas allowing Customers and members to participate in discussion forums, instant messaging systems, post Content, as defined in Section 32 of Part 1 “Getting Started” below. These public communication areas are places over which Lydia has no control and on which only Customers may post. Therefore, Lydia cannot be considered as a content publisher but exclusively as a host, which consists of providing Customers with technical means allowing the direct and permanent storage of information intended to be communicated to the public. In this respect, Lydia complies with the definition of article 6.I.2 of the French law n° 2004-575 of 21 June 2004 for confidence in the digital economy (“LCEN“). 

Article 6(I)(5) of the LCEN states that : 

Knowledge of the disputed facts is presumed to have been acquired by the persons designated in 2 (of Article 6 I 2 of the LCEN, i.e. hosts) when they are notified of the following elements: the date of the notification; if the notifier is a physical person : his surname, first names, profession, domicile, nationality, date and place of birth; if the notifier is a legal person: its form, name, registered office and the body that legally represents it; the name and domicile of the addressee or, if it is a legal person, its name and the description of the contentious facts and their precise location; the reasons why the content must be removed, including the mention of legal provisions and evidence of the facts; a copy of the correspondence addressed to the author or publisher of the contentious information or activities requesting their interruption, removal or modification, or the evidence that the author or publisher could not be contacted. 

As soon as Lydia is informed of the allegedly illicit or indelicate nature of a Content under the conditions provided for in paragraph 5 of I of Article 6 of the LCEN indicated above, Lydia will promptly implement the necessary measures to ensure that the Content is no longer accessible. These measures may range from the deletion of the Content to the temporary or even permanent banning of a Customer from the Service concerned in view of the seriousness and repetition of the infringements observed. Lydia does not carry out general monitoring of the Content beyond assisting in the repression of, among other things, apology for crimes against humanity, incitement to racial hatred and child pornography, incitement to violence, in particular incitement to violence against women, as well as offences against human dignity in accordance with the provisions of paragraph 7 of I of Article 6 of the LCEN. 

Furthermore, Lydia is in no way responsible for the Content it hosts. Lydia, in its capacity as host of Content, shall not be liable or responsible for activities or information stored at the Customer’s request, if it was not actually aware of their unlawful nature or of facts and circumstances revealing such unlawful nature or if, upon becoming aware of such unlawful nature, it acted promptly to remove such information or to make access to it impossible. In this regard, Lydia reserves the right to remove or suspend access to any Content following receipt of a notification or if it has actual knowledge of the manifestly unlawful nature of the Material. Lydia shall not be liable in any way for such removal. Lydia shall not be liable in any way for the sharing of Contents by the Customer. 

Article 32 : Intellectual property

Lydia grants the Customer a personal, non-exclusive, non-assignable, non-transferable and terminable right to use the Lydia mobile applications, APIs and website for the sole purpose of using the Lydia Service. The Customer acknowledges that the sole use of these mobile applications, APIs and Lydia website does not entitle the Customer to claim any intellectual property rights of any kind in them. Lydia retains exclusive ownership of the rights attached to the Lydia mobile applications, APIs and website, as well as to all their content, including names, trademarks, domain names, logos or other distinctive signs that it owns. The reproduction of these elements is only permitted for information purposes or reproduction for strictly private use.

Article 33 : Content

The Customer undertakes to comply with all applicable legislation and not to infringe the rights of third parties, and in particular : 

(a) to ensure that the Content does not in any way infringe the rights that third parties, physical or legal persons, may hold, particularly in terms of industrial property, copyright or related rights, the sui generis right applicable to databases, image rights or the right to privacy. (b) not to publish Content that (i) is discriminatory, insulting, defamatory or racist, offensive to public decency, (ii) is violent or pornographic, (iii) constitutes an apology for crimes against humanity, denial of genocide, incitement to violence, racial hatred or child pornography (iv) likely to harm users in any way, to incite them to put themselves in danger in any way, (v) likely by its nature to infringe on respect for the human person, its dignity, equality between women and men, protection of children and adolescents. He also undertakes not to publish Content encouraging the commission of crimes and/or offences or inciting the consumption of prohibited substances, Content inciting discrimination, hatred or violence. 

The Customer is informed that the fact of storing or distributing by any means whatsoever, and whatever the support, Content of a violent or pornographic nature or of a nature that seriously undermines human dignity, is punishable by three years’ imprisonment and a fine of €75,000 when this Content is likely to be seen or perceived by a minor. 

The Customer is hereby notified that in all such cases, Lydia will, upon request by a judicial authority, provide all information enabling or facilitating the identification of the Customer as well as IP addresses and connection times if these are still in its possession. The Customer is also advised that Lydia reserves the right to report obviously illegal Content to the relevant authorities. 

Article 34 : Client-submitted content delivery services

Some services offer the Customer the possibility to customise the Lydia App as well as public communication areas allowing the Customer to upload an avatar, profile picture and wallpaper, participate in forums, place comments, articles, images and messages of any kind (hereinafter collectively the “Content”), in particular for other Customers to see. 

1. Ownership of Content 

The Customer declares to be the owner of the moral and economic rights relating to the Content he publishes on the Lydia App or to hold the necessary authorisations for the publication of said Content and its exploitation by Lydia without the conditions defined in the following paragraphs of this article 1. 

The Customer shall not copy, reproduce or otherwise use the Content relating to other Customers other than for the strict purposes of using the services for personal and private purposes. 

2. Content publication rules 

The Customer shall ensure that the Content does not offend against public decency and does not constitute the reproduction of illegal content (such as counterfeiting, apology for crimes against humanity, incitement to racial hatred, child pornography, incitement to violence, offences a g a i n s t human dignity), in accordance with article 33.3 of this section. The Customer agrees not to post any Content that violates applicable law or that may harm Lydia’s interests or image. 

The services are made available to Clients as private individuals only. Any advertising of any kind relating to advice or services is strictly forbidden, and any breach will result in a ban on access to the service concerned. 

The Customer shall not harass in any way whatsoever (moral pressure, insults, threats) another or more Customers and/or members, or collect and store personal data relating to them. The Customer himself defines the perimeter of his private life, and it is up to him to communicate to Lydia and to other Customers and/or members only the information which he considers, if disseminated, cannot be prejudicial to him. 

3. Compliance with the regulations in force 

The Customer undertakes to comply with all applicable legislation and not to infringe the rights of third parties, and in particular not to falsify data, Content or documents, or identification or connection data to services.

4. Reporting of abuse

If the Customer finds or believes that the Content is manifestly unlawful, he may report it to Lydia via: 

• By e-mail to: support@lydia-app.com; 
• By post to the following address: Lydia Solutions – Service support client, 14 avenue de l’Opéra, 75001 Paris; 
• Through the virtual help centre accessible from the Lydia App. 

Any report of an infringement must include the information provided for in paragraph 5 of Article 6 of the LCEN reproduced in Article 33.1 of Part 1 “Relationship Agreement”. 

Any notification of Content abusively presented as violating a legal provision for the sole purpose of obtaining its removal would expose the Client to civil and/or criminal sanctions. 

Lydia therefore reserves the right to remove without notice any Content that is posted in violation of the provisions of the Terms of Use or that may infringe the rights of any third party or Lydia.

Withdrawal form Lydia account

To be returned only if you wish to renounce the opening of your Lydia Account, at the latest within 14 calendar days following your acceptance, by email to: support@lydia-app.com; or by post addressed to: Lydia, Support Client Lydia, 14 avenue de l’Opéra, 75001 Paris. 

This withdrawal is only valid if it is sent before the expiry of the deadlines mentioned in article 8 “Withdrawal” above, legibly and fully completed. 

I, ……………………… born on …………. living at ………………………… (town and postcode) declare that I renounce the opening of my Lydia Account and all the services associated with it. 

Date: ………………………………………. 

Client’s signature