Essentials Terms and conditions Subscription Offers Agreement

Subscription Offers Agreement

General provisions

The present Subscription Offers Agreement comes into force on April 2, 2024, and cancels and replaces from that date all previous versions having the same object which were binding on the Parties. The previous version can be consulted at the following address: https://sumeria.eu/en/essentials/terms-and-conditions/paying-plans-agreement-02-04-2024/.

Article 1: Definitions

“Plan” means the Standard, Lydia+, Lydia Green+ and Lydia Black+ offers to which the Customer may subscribe.

“Mobile Application” means any application, published by Lydia Solutions, for individuals, available for download from application stores (list available on the Lydia Solutions website), for compatible devices and operating systems. An active Internet connection is required to run them.

Unless otherwise specified, capitalised terms not defined in this Subscription Offers Agreement refer to terms defined in the Payment Account Agreement.

The French version of these rules prevails over the English version.

Article 2: Plan features

The Subscription Offers Agreement governs the conditions for subscribing to the Standard, Lydia+, Lydia Green+ and Lydia Black+ service bundles and the terms and conditions for providing the related payment services.

It is concluded between Lydia Solutions and the Customer, a natural person of legal age and capacity, not acting for professional purposes. The Electronic Money Account or Payment Account associated with a Plan is intended to record the Customer’s transactions relating solely to their private life, to the exclusion of any professional transactions. This Subscription Offers Agreement forms an integral part of the Payment Account Agreement. As such, all the provisions of the General Terms and Conditions, the Payment Account Agreement, the Card Agreement and the Pricing and limits annex apply to this Subscription Offers Agreement.

Article 3: Plan characteristics

1 – General characteristics

A Plan consists of an individual Payment Account and a Card. The Payment Account allows its holder to access the products and services provided by Lydia Solutions and to manage it independently by subscribing to remote account management services (internet, landline telephone, SMS, etc.) under the conditions set out in the Pricing and limits annex .

2 – Plans

Standard and Lydia+ Plans can be cancelled anytime. There is no minimum subscription period required by Lydia Solutions.

The Lydia Green+ and Lydia Black+ Plans are taken out by the Customer for a period of twelve (12) months minimum, with monthly or annual billing, meaning it cannot be cancelled before that time period.

A Plan is taken out in return for payment of a monthly or annual fee for the service bundle, the amount of which is set out in the Pricing and limits annex. 

The subscription fee is automatically debited from the Payment Account opened with Lydia Solutions, when a Plan is taken out if it is paid for, and then on each anniversary date (monthly or annual), unless this agreement is terminated under the conditions set out in Article 8 “Duration – Termination”. 

The anniversary date is always calculated in relation to the subscription date and not in relation to the date of full payment of the subscription fee, if any.

Certain Customers may benefit from a temporary discount on their Plan.

These discounts are for a limited period (specified in the terms and conditions of the Plan at issue). After this period, the discount is no longer applicable and the Customer’s Plan is automatically renewed. If the Customer does not cancel their Plan before the end of the discount period, they will be required to pay the monthly or annual Plan fees.

Article 4: Online access to the services offered

Plans and their associated services can be accessed via the Mobile Application. 

Article 5: Services offered

Lydia Solutions offers four Plans governed by these terms and conditions:

1 – Standard : 

As well as being able to create several Wallets, Shared Accounts and Cards (physical or virtual), Standard plan customers can also enjoy the following services: 

Trading account

The Customer is informed that Bitpanda GmbH, whose registered office is at Stella Klein Löw Weg 17, 1020 Vienna, Austria (hereinafter “Bitpanda“) has entered into a partnership with Lydia Solutions in order to offer the Customer, via the Mobile Application, the services of Bitpanda and, where applicable, those of its subsidiaries (hereinafter the “Subsidiaries“), It should be noted that the services of Bitpanda and its Subsidiaries (hereinafter the “Services”) are governed by their own contractual conditions, which the Customer shall consult and accept before being able to access the Services (hereinafter the “Bitpanda Contractual Conditions“).

It should be noted that : 

  • Subscription to the trading service is optional and generates fees for which the Customer will be liable;
  • Bitpanda, its Subsidiaries and Lydia Solutions are distinct and independent companies (without any capital link), and act within the framework of the aforementioned partnership.

Once the Bitpanda Contractual Terms have been agreed upon by the Customer, the so-called “in-app” function provided by Lydia Solutions within the Mobile Application will directly connect the Customer to the Bitpanda System (as this term is described below), in order to allow the Customer to invest in a catalogue listing various digital assets deemed to be available on Lydia Solutions’ web interface or that of the Mobile Application. 

The Customer declares that they have been informed of the following points prior to subscribing to the trading service: 

  • Only Customers who are French tax residents, of legal age and capacity, with a telephone number starting with +33 and with a verified Payment Account may access the trading service;
  • the Services are governed by the Bitpanda Contractual Conditions available at the following address: General Terms of Use of Bitpanda Services ;
  • The Services are accessible from the Mobile Application or, where applicable, the Bitpanda web interface (hereinafter “User Interface“), while transactions will be executed on the online platform operated by Bitpanda (https://www.bitpanda.com) or its mobile applications (each being deemed to be a “Bitpanda System“)

    However, temporary inconveniences may occur without constituting restrictions on the Services (e.g. maintenance work, updates or upgrades). Thus for any planned maintenance, update or upgrade that does not solely and temporarily limit the operation of the User Interface and/or the Bitpanda Systems will be notified to the Customer by Lydia Solutions within a reasonable time and through an appropriate communication channel (e.g. email), it being specified that the planned maintenance, update or upgrade will be performed as soon as possible and will not last longer than two weeks;
  • Unless otherwise indicated, the Services respectively offered by Bitpanda and its Subsidiaries are only accessible via the User Interface, and not directly via the Bitpanda Systems;

In order to access the Services offered by Bitpanda and/or its subsidiaries, the Customer must have an active Payment Account open in the books of Lydia Solutions. The use of the Payment Account and the contractual relationship between Lydia Solutions and the Customer is based on third party contractual commitments to the Bitpanda Contractual Conditions. 

In other words, acceptance of the Bitpanda Contractual Terms shall not be construed as a replacement of any existing or future contractual agreement entered into or to be entered into between the Customer and Lydia Solutions.

All transactions shall be carried out by the Customer themselves, holder of the trading account opened with Bitpanda (or one of its Subsidiaries) as part of a Plan. In this respect, the Customer must act in full awareness of the risks involved in investing their money. 

For more information on products, risks and potential returns, Customers can consult the following page: https://cdn.bitpanda.com/media/documents/securities/en-prospectus.pdf 

The minimum purchase or sale value of an asset is €1. Customers must invest a minimum of €1 to purchase a new asset or wait for the value of their investment to increase beyond €1 before selling it, if it is an asset that has already been bought.

In addition, the Customer acknowledges and agrees that : 

  • In order to make a firm and binding final offer to buy or sell, the Customer must (i) have correctly filled in all the necessary and required data on the User Interface, and (ii) click on the “Buy” or “Sell” button (hereinafter referred to as the “Final Offer“);
  • To purchase tokens, the Customer must make a Final Offer to purchase tokens by clicking on the “Buy” button (or any equivalent) on the User Interface. As such, the Customer makes a final purchase offer which is interpreted and qualified by Bitpanda as a firm and binding offer for the Customer to accept the delivery of tokens in return for the payment of a specified sum (hereinafter “Final Purchase Offer“); 
  • When submitting a Final Purchase Offer, the Customer instructs Lydia Solutions to make a payment to Bitpanda from the available balance on his Account up to the price to be paid during a CCOFA . If the Account balance is not sufficient, no Final Purchase Offer can be made;
  • They will be informed by Bitpanda in case of acceptance or refusal of any Final Offer. When accepted by Bitpanda, this acceptance will result in a credit to the Account.

In case of :

  • Termination of its Plan, 
  • Termination by Bitpanda of its contractual agreement concluded with the Client,

 the Customer will no longer be able to purchase new assets from termination. He must sell all the tokens in his possession as quickly as possible.

Failing this, Bitpanda or Lydia Solutions will credit the Account, within a reasonable time, the equivalent value of said tokens, in accordance with the prices displayed and offered in the Bitpanda Systems, in a legal tender currency (less the corresponding costs incurred if applicable).

Personal loans 

Customers who have subscribed to a Lydia+ Plan may benefit from personal loan services via the Mobile Application on advantageous terms, subject to the conditions of granting. In particular, the number of loans that can be granted to a Customer with a Plan is not capped and the options for instant transfer of funds shall be free of charge.

Customers who subscribe to a Standard plan and who wish to take out a loan with our partner Floa Bank are invited to consult and agree to the “Coup de Pouce” General Terms and Conditions.

Interest-bearing savings account

Customers that subscribed to the Standard plan enjoy an interest-bearing savings account provided by our partner Cashbee under the conditions described here.

Funds placed in this account are guaranteed by the Fonds de Garantie des Dépôts fund (FGDR) up to €100,000 if the bank defaults. There are no fees for deposit or withdrawal transactions.

2 – Lydia+ : 

In addition to the services accessible via the Standard plan, the Customer can also benefit from the following services: 

Cashback Service

Customers who have taken out a Lydia+ plan benefit from the Cashback Service in partnership with Paylead, which enables them to obtain a refund of part of the amount of their purchase on their Payment Account (“Cashback“), provided that:

  • make a purchase of an eligible good or service from a partner retailer (“Brand“);
  • to make payment with a Card; and
  • meet all the conditions imposed by the Brand.

We invite the Customer to consult Paylead’s confidentiality policy.

Customers who have subscribed to a Plan are informed that the Brands and the Discounts offered by these Brands may change at any time. It is therefore the Customer’s duty to ensure that the Discounts they are interested in are still valid when purchasing goods or services.

Furthermore, before making a purchase from a Brand, the Customer must ensure that the site or shop where they wishe to make their purchase is actually that of the Brand and not a third party. 

The Cashback Service is for personal use only. The use of this service in the context of a professional activity will oblige the Customer to reimburse all the cashback received and will result in the immediate termination of the present agreement.

The Discount is only due to the Customer from the moment the purchase is final. This means that as long as the Customer can exercise their right of withdrawal or reflection, or as long as the order has not been paid for in full, due to delivery or payment facilities for example, the Discount is not due. Furthermore, for certain services, in particular those relating to air transport or travel, the Discount will only be paid once the service has been carried out.

Lydia Solutions will, as soon as possible, send the necessary information to PayLead so that the Customer can receive the Discount. However, the Customer acknowledges that the Discount cannot be paid until the Brand has transferred the information to Lydia Solutions. Depending on the Brand, the delay may vary and can take up to several months.

The Customer acknowledges and accepts that Lydia Solutions transfers to PayLead the transaction records (timestamp, title, amount, beneficiary, etc.) of the Payment Account and the bank accounts linked to the Mobile Application, in order to allow Lydia Solutions and PayLead to identify the transactions eligible for a Discount and to proceed with their payment. PayLead also analyses bank transaction data to propose personalised offers based on transaction history and consumption habits. Lydia Solutions and PayLead are both Data Processors within the meaning of the French Data Protection Act. For more information, the Customer may refer to Lydia’s Privacy Policy and PayLead‘s Privacy Policy.

Lydia Solutions pays the cashback directly into the Customer’s Payment Account. This payment is made on the 20th day of each month and includes all the Discounts due to the Customer and paid by the Brands.

The Customer can track the purchases they have made from the Brands directly from the mobile Application. They may also, upon request to Lydia Solutions’ customer service at support@lydia-app.com, obtain an electronic statement of transactions free of charge.

Lydia Solutions and PayLead may terminate the Customer’s access to the Cashback Service without fees by simple notification by email, after expiry of a notice period of 2 (two) months.

However, Lydia Solutions is exempt from abiding by the notice period and may proceed immediately to termination in the event of seriously reprehensible behaviour by the Customer (in particular if the Customer refuses to provide information or if they provide false or inaccurate documents or makes threats or insults to an employee of Lydia Solutions) or non-compliance with one of the obligations of these Subscription Offers Agreements. In this case, the Customer may be required to pay regularisation / file processing fees (see Pricing and limits annex).

Any cashback collected prior to termination, minus any fees or undue payments, will be automatically transferred to the Customer’s Payment Account at the end of the ongoing month. Customers are invited to check the information contained therein in order to assert their rights as soon as possible if necessary.

Customers subscribe to the Cashback Service for an indefinite period, and may terminate their Plan at any time and request that they no longer benefit from Cashback, by paying any sums due.

To this end, the Customer contacts Lydia Solutions’ customer service by email at support@lydia-app.com. An email confirming the cancellation will be sent to the Customer within 5 (five) working days following receipt of the cancellation request.

A request for termination of the Cashback Service initiated by the Customer does not entail termination of the Plan, unless the Customer requests otherwise.

The Customer may re-subscribe to the Cashback Service directly from the mobile Application at any time (see Manual).

In the event of termination of a Plan, the Customer will cease to benefit from the Cashback Service for any purchases made after termination.

Gift cards

This service is not available anymore from October 15th 2024.

Customers who have subscribed to a Lydia+ plan may purchase gift cards via the mobile Application. A gift card is a dematerialised card credited with a set amount that can be used to make purchases from the card issuer. These gift cards can be used to pay in-store or on the partner brand’s website, using a promo code provided at the time of ordering.

Before choosing a gift card, the Customer acknowledges and agrees to 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 refund by Lydia Solutions or the partner store in any form whatsoever.

The Customer will receive their gift card by e-mail, within the time period indicated. A gift card is digital content that is not supplied on a physical, personalised medium and is therefore neither exchangeable, refundable nor eligible for the right of withdrawal.

The offers are independent of Lydia Solutions, the company issuing a gift card is solely liable for ensuring the validity of the voucher under the conditions indicated on it and previously accepted by the Customer. For any question or complaint regarding the use of a gift card, the Customer shall contact the company directly using the contact details indicated on the gift card.

Lydia Solutions does not transmit the Customer’s personal data to the company or to a third party. Only information concerning the use of the gift card and the profile of the beneficiary may be used and shared with a third party in order to provide the Customer with the most relevant goods and services.

If a Plan is cancelled, the Customer will no longer be able to purchase gift cards from the date of cancellation. 

Budget management and monitoring functions

Lydia+ customers can also benefit from the following budget management and monitoring functions:

  • Budget envelopes with setting of a budget to be kept
  • Savings envelopes with an objective to reach
  • Creation and customisation of graphs tracking weekly and monthly expenses
  • Categorisation of expenses
  • Widgets for viewing balances
  • Possibility of attaching receipts to transactions.

3 – Lydia Green+ :

in addition to the services accessible via Lydia+ and Standard plan, allows the Customer to benefit from the following services, within the limits set out in the Pricing and limits annex :

  • the amount deposited in the Lydia Green+ Customer’s current account (the “Lydia Green+ Account”) be invested by Lydia Solutions in an account opened with La NEF, an ethical bank, and may only be used to finance social, ecological and cultural projects.

4 – Lydia Black+ :

in addition to the services accessible via Lydia+ and Standard plan, allows the Customer to benefit from the following services, within the limits set out in the Pricing and limits annex :

  • Insurance for travel, car hire or fraudulent payments; 
  • Access to partner services, listed in the Manual; 
  • Customer service that can be reached by telephone by appointment.
  • A concierge service available on the mobile application and by text message

and many other advantages. Lydia Solutions reserves the right to provide Plan Customers with additional advanced functionalities and to develop them further. 

The Customer is informed that Lydia Solutions’ partners may change during the Plan and is invited to regularly consult the list of Lydia Solutions’ partners.

Article 6: Fees

The commissions, fees, prices or standard pricing principles applicable to this Subscription Offers Agreement are specified in the Pricing and limits annex.

All fees payable by the Customer for the subscription of a Plan are automatically debited from the Customer’s Payment Account. If the Customer’s Payment Account shows an insufficient balance for the deduction of these fees, the Customer has a period of one month to replenish their Payment Account. After this period, the Customer expressly agrees that Lydia Solutions may debit the amount due in this respect from the external bank or payment card linked to the mobile Application. Lydia Solutions may also terminate the Customer’s subscription of a Plan.

Modification – Duration – Termination

Article 7: Modification

Lydia Solutions reserves the right to modify this Subscription Offers Agreement including the Pricing and limits annex at any time. 

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

If the Customer does not agree to the proposed changes, they may terminate this Subscription Offers Agreement without fees before the date on which the changes come into force:

  • Directly in the mobile Application;
  • By email to customer service at support@lydia-app.com

By post addressed to Lydia Solutions, customer service, 14 avenue de l’Opéra, 75001 Paris – France.

If the Customer does not contest the proposed modifications before the date on which they come into force, they will be deemed to have accepted the modifications.

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 this Subscription Offers Agreement, will be applicable as soon as it comes into force.

Article 8: Duration – Termination

1 – Duration

This Subscription Offers Agreement is concluded for an indefinite period. 

2 – Cancellation at the Customer’s initiative

The Customer may terminate this Subscription Offers Agreement at any time, without reason and without fees, as follows:

  • Directly in the Mobile Application;
  • By email to customer service at support@lydia-app.com ;
  • By post addressed to Lydia Solutions, Customer Support, 14 avenue de l’Opéra, 75001 Paris – France.

Any request for termination shall take effect immediately as soon as Lydia Solutions receives it. 

From the date on which the cancellation takes effect, the Customer will benefit from the services associated with the Plan taken out until the next anniversary date of their annual or monthly Plan subscription. 

On the anniversary date, the Customer will no longer be able to benefit from the products and services provided by the Plan taken out. They will then benefit from the benefits of the Payment Account, without the benefits of the Plans. This Subscription Offers Agreement will not be terminated. 

The fixed amount corresponding to the monthly or annual subscription fee is forfeited to Lydia Solutions and may not be reimbursed in any way. The Customer may however keep their Card which will then function as the Card.

3 – Termination by Lydia Solutions

Lydia Solutions may, at any time and without cause, subject to two (2) months’ notice:

  • Terminate the Subscription Offers Agreement, which implies the closure of the Payment Account and the termination of all additional services to the Payment Account that may have been subscribed to by the Customer. 
  • Terminate one or more of the services provided by Lydia Solutions with the exception of the Payment Account without this resulting in termination of the entire Subscription Offers Agreement and closure of the Payment Account (e.g., termination of card services only). 

The Customer will be informed of the termination of this Subscription Offers Agreement or of part of the services provided by notification sent on a durable medium by email. Any credit 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 Solutions by the Customer by means of a valid RIB. 

Lydia Solutions will not be bound to respect any notice period in the event of seriously reprehensible behaviour by the Customer (including in the event of insults or threats made by the Customer or their authorised representative against an employee of Lydia Solutions), or in the event of proceedings of any nature whatsoever brought against the latter, or in the event of abnormal operation of the account.

The fees regularly charged by Lydia Solutions in respect of the subscription fees are only payable by the Customer on a pro rata basis for the period due on the date of termination of this Subscription Offers Agreement. If they have been paid in advance, these fees will be reimbursed on a pro rata basis by Lydia Solutions.

Right of withdrawal

Article 9: Withdrawal

In accordance with Articles L. 222-7 et seq. of the French Consumer Code, the Customer has the right to withdraw from this agreement without giving any reason by sending back by e-mail the withdrawal form attached hereto, duly completed and signed:

  • By email to support@lydia-app.com ;
  • By post addressed to Lydia Solutions, customer support, 14 avenue de l’Opéra, 75001 Paris – France.

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

The right of withdrawal must be exercised within fourteen (14) calendar days of the date on which this agreement comes into force, the date on which the withdrawal email is sent being taken as proof.

If the Customer decides to withdraw from the agreement before the services hereunder have been provided to the Customer, this 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 Solutions to the Customer, this Subscription Offers Agreement is cancelled and: (i) Lydia Solutions will refund to the Customer as soon as possible and at the latest within thirty (30) days all sums received pursuant to the Subscription Offers Agreement with the exception of sums corresponding to the service actually provided prior to withdrawal and (ii) the Customer will be required to return to Lydia Solutions as soon as possible and at the latest within thirty (30) days any sums received by the Customer from Lydia Solutions.

Complaints – Mediation

Article 10: Complaints

1 – Contacts

For any difficulties or complaints relating to the operation of the account or the use of the services provided, the Customer may contact the complaints department:

  • By email to the following address: support@lydia-app.com ;
  • By post 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 L.100 of the French Post and Electronic Communications Code. This will be preceded by an email from the service provider in charge of sending the letter, allowing the Customer to refuse this means of communication within fifteen (15) days. 

2 – Handling complaints

Lydia Solutions undertakes to acknowledge receiving 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 claim relating to payment services, Lydia Solutions undertakes to provide a response to the Customer within a maximum of fifteen (15) Business Days following receipt of the claim. In exceptional situations, if a response cannot be given within fifteen (15) Business Days for reasons beyond Lydia Solutions’ control, Lydia Solutions undertakes to send the Customer a holding response clearly stating the additional time required to respond to the claim and specifying the final date on which the Customer will receive a definitive response. In any case, a definitive answer will be communicated to the Customer at the latest within thirty-five (35) working days following the receipt of the complaint.

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

Article 11: Mediation

The Mediation officer is the last amicable recourse before taking legal action. Referral to a Ombudsman implies express authorisation by the customer to waive professional secrecy with regard to Lydia Solutions concerning the communication of information necessary for the mediation process. 

You can refer your case to the AFEPAME Mediation officer free of charge, provided : 

  • You disagree with the response given by the Lydia Solutions advisor and the Claims Department, 
  • You have not received a response to your complaint within two (2) months, or thirty-five (35) working days in the case of a complaint about a payment service. 

You can contact the AFEPAME Mediation officer:

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

The AFEPAME Ombudsman’s website can be accessed at https://mediateur-consommation-afepame.fr/.

Any dispute arising from an online sales or service contract may also be submitted electronically via the Online Dispute Resolution (ODR) platform on the website: https:
//ec.europa.eu/consumers/od.

WITHDRAWAL FORM

Plan

To be returned only if you wish to cancel the Plan, at the latest within 14 calendar days of your acceptance:

This withdrawal is only valid if it is sent before the expiry of the deadlines set out in Article 9 “Withdrawal” above, legibly and fully completed.

I, the undersigned ……………………… born on …………. living at ………………………… (town and postcode) hereby declare that I renounce my subscription to the Plan and all associated services.

Date: ……………………………………….

Customer signature: ……………………………………