Definitions

In these General Terms of Service, the following words and expressions, whether used in the singular or plural, shall have the meanings set out below:

Legal notice

Purpose – Validation – Acceptance

Subscription to the Services is reserved to Clients capable of entering into contracts under French law.

Subscription to, use of and/or recourse to the Services offered by the Company implies the Client’s unconditional acceptance of these Terms. Simply using the Services constitutes full and complete acceptance of these Terms.

The Client may save or print these Terms, provided that the Client does not modify them.

The version of the Terms available online on the Platform shall prevail over any other version, except for amendments made after the Client’s use of the Services, in accordance with applicable law.

These Terms may be supplemented, where applicable, by Specific Service Terms applicable to certain Services subscribed to by the Client, together forming one indivisible agreement.

Effective date – Term

These Terms were last updated on the date shown on the first page.

These Terms apply for as long as the Client uses the Services.

The Client is informed that the Terms may be updated at any time in accordance with Article 22 — UPDATES TO THE TERMS.

Any subsequent amendments shall be enforceable against Clients as from their publication on the Platform.

Services

Description – Information about the Services

The Company’s Services consist of providing financial information, analysis, simulation, backtesting, screening, and algorithmic processing tools enabling the exploitation and modelling of market data.

The Company provides online Documentation on the Platform enabling the Client to review the characteristics of the Services offered.

The Documentation may include: (a) information on Features, configurations and options available for the Services, and (b) technical guides or usage examples to facilitate understanding and use of the Services.

Nature of the Services

In providing the Services, the Company acts solely as a technical service provider by making available a digital platform offering analytical tools and informational data intended to support the Client’s own analysis and provide objective market indicators.

The Company does not provide investment advice, does not issue personalised recommendations, and does not carry out portfolio management on behalf of third parties.

Applicable service terms

The provision and use of the Services are governed by these Terms and, where applicable, the Specific Service Terms and any other terms referenced therein (together, the “Service Terms”).

In the event of inconsistency, the Specific Service Terms shall prevail over these Terms.

All applicable Service Terms are referenced and accessible from the Platform.

Compliance with the Service Terms

The Client undertakes to subscribe to and use the Services in accordance with the Service Terms in force.

The Services must be used in good faith.

Where the Client uses the Services for third parties, or authorises third parties to use the Services, the Client undertakes to provide such third parties with the applicable terms and to obtain their acceptance prior to any use, and warrants compliance with such terms.

Subcontracting

Unless otherwise stated in the Specific Service Terms, the Company may subcontract all or part of the Services to third parties without prior notice to or approval from the Client.

The Company remains responsible for its subcontractors in connection with performance of the Agreement.

Changes to the Services

The Client is informed that the Company reserves the right to modify, improve or discontinue the Services at any time, without incurring liability on that basis.

Assessment of fitness for purpose

Before subscribing to and using the Services, the Client undertakes to review all applicable Service Terms (including any Specific Service Terms) and to study the Documentation in order to select Services and features suitable for the Client’s needs and those of any third parties using the Services through the Client.

The Client represents that, prior to any use of the Services, it has assessed their fitness for purpose.

The Client acknowledges having received from the Company all information and guidance necessary to enter into these Terms and, as a result, waives any claim on this basis.

It is the Client’s responsibility to ensure that the Services are suitable for its needs and for any applicable legal and regulatory requirements.

The Client further represents that it has the knowledge, skills and resources, including human and technical resources, required to use the Services.

Subscription to the Services

Access to the Services requires the creation of a Client Account.

Creating a Client Account

Creating a Client Account requires providing the following information:

• Client last name
• Client first name
• Company name (if applicable)
• Email address (used as the Client identifier)
• Password chosen by the Client

If this information is not provided, the Company will be unable to process the request to create an account.

Acceptance required to create a Client Account

Prior to creating the Client Account, the Client must accept these Terms and the Privacy Policy by ticking the following checkbox:

The Client is informed that a valid email address is required in order to receive an activation email.

The Client’s username and password constitute its “Login Credentials”.

Account confirmation

An activation email is sent to the email address provided, confirming the creation of the Client Account.

Subscription to Offers

From activation, the Client may subscribe to the Services by selecting among the Subscription plans for the Offers available.

Before confirming the subscription, the Client must accept these Terms and the Privacy Policy and, where applicable, request immediate performance before the end of the withdrawal period:

Access to the Services

Access to and use of the Services require the Client to have a Client Account.

The Client and its Users access the Services using their Login Credentials.

The Client is solely responsible for the creation, management, storage, security and confidentiality of its Login Credentials, as well as for any use made of them by its Users.

The Client shall remain responsible for, and guarantees compliance by, its Users with these Terms.

Use of the Services and Login Credentials is strictly personal, limited to the term of the Agreement, and reserved to the Client.

The Client is solely responsible for all actions performed under its Login Credentials.

In the event of compromise, the Client undertakes to change its credentials without delay and to immediately notify the Company of any suspected unauthorised access.

Usage limits

Quotas

The Client undertakes to use the Services reasonably, for their intended purpose and in compliance with the quotas and limits associated with the subscribed Offer.

Any use exceeding technical limits may result in an automatic restriction or additional charges, in accordance with the then-current pricing terms.

Abusive use

Unless expressly authorised in writing by the Company, the following are strictly prohibited:

• Any form of bulk data extraction, scraping, harvesting, or similar techniques targeting the Platform;
• Use of bots, scripts or any unauthorised automated process, in particular for intensive computations or for extracting results and data;
• Any attempt to bypass technical limitations or security measures used to regulate resource usage.

More generally, the Client shall refrain from any behaviour that may impair or disrupt the stability and performance of the infrastructure.

In the event of abusive use jeopardising Service availability, the Company reserves the right to suspend the Services or terminate the Agreement.

Financial terms

Subscription pricing

Subscription and Service prices are those in effect at the time of billing, as published on the Platform.

Where prices are stated exclusive of taxes, VAT and any other applicable taxes shall be added.

The Client is responsible for reviewing pricing prior to any subscription.

Internet access costs, hardware costs, and any additional costs related to data loading remain the Client’s responsibility.

Price changes

The Company may change its prices at any time. Changes apply immediately to any new subscription.

For Subscriptions, in the event of an increase, the Client will be notified by email with thirty (30) calendar days’ notice and may cancel without penalty within that period.

Billing and payment

Payments are made exclusively online via the secure Stripe payment platform.

Subscriptions are billed on a recurring monthly basis, with automatic charges until cancellation.

One-off Services (outside a Subscription) are billed and charged in full at the time of purchase.

Plan changes (upgrade / downgrade)

• Upgrade: immediate access; additional charges billed pro rata for the remaining period.
• Downgrade: effective at the end of the current billing cycle; no refund for any started period.

The Company may automatically restrict access to resources if the limits of the new plan are exceeded.

Failed payment

Any failure to pay may result in:

• immediate suspension of the Services; and
• termination of the Services under the conditions set out herein.

For business Clients: late-payment interest (ECB rate + 10 points) and a fixed recovery fee of €40.

Right of withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, a consumer Client has fourteen (14) days from the conclusion of the Agreement to exercise the right of withdrawal.

Withdrawal may be exercised using the form in Appendix 2 or any unambiguous statement, by:

• post: PRIMESTRIDER – 8 Avenue Marceau, 92400 Courbevoie, France
• email: contact@primestrider.com

If the Client requests immediate performance before the end of the withdrawal period:

• if withdrawal occurs before full performance: the Client shall pay a pro rata amount for Services provided;
• if withdrawal occurs after full performance: the right of withdrawal no longer applies (Article L.221-25).

General conduct of Clients and Users

The Client represents that it is of legal age and has the legal capacity required.

The Company has no obligation to verify the Client’s legal capacity; the Client assumes responsibility for any use by an unauthorised or legally incapable person.

The Client is solely responsible for verifying the accuracy and legality of the Data transmitted.

In particular, the Client:

• undertakes to comply with all legal and regulatory obligations applicable to it;
• undertakes to promptly notify any changes to its identification details;
• shall not copy, reproduce, modify, or distribute the Platform without prior authorisation;
• shall not interfere with the proper operation of the Services;
• shall not circumvent robots exclusion measures or usage limitations;
• shall not circumvent or manipulate billing mechanisms;
• shall not publish content that is false, misleading, defamatory or unlawful;
• shall not transfer its Client Account to any third party;
• shall not use another person’s credentials;
• shall not distribute viruses or harmful technologies;
• shall not harm the reputation or goodwill of PRIMESTRIDER;
• shall not provide inaccurate or incomplete information.

The Client guarantees compliance with these obligations by its Users.

In the event of a breach or repeated conduct causing harm, the Company may terminate the Client’s access to the Services.

Technical provisions – Service quality

The Client acknowledges that it must have an internet/telecommunications connection and ensure device and system compatibility.

The Client accepts the characteristics and limitations of the internet (response times, risks, etc.).

The Company uses commercially reasonable efforts to secure access to and use of the Services.

The Services are in principle available 24/7, subject to outages and necessary maintenance. Best-efforts obligation.

The Services are provided “as is” and “as available”; no guarantee of error-free operation, uninterrupted access or continuous availability.

In case of maintenance downtime, the Company will use reasonable efforts to inform the Client so it can take appropriate measures.

The Company disclaims any express or implied warranties regarding quality or compatibility and does not guarantee any result or benefit.

Technical claims: contact@primestrider.com

The Platform may contain links to third-party websites; the Company disclaims liability for any legal or other consequences arising from access to such sites.

Liability – Disclaimers

Reminder – Nature of the Services

The Company acts solely as a technical service provider offering analytical tools and informational data intended to support the Client’s own analysis.

Scores, metrics, ratings and indicators are technical analytical tools based on mathematical algorithms. They do not constitute a regulated credit/financial rating, a certified assessment, or an attestation of compliance or quality.

The Company does not provide investment advice, does not issue personalised recommendations, and does not carry out portfolio management on behalf of third parties.

Risk of capital loss

Investing in financial markets (equities, ETFs, derivatives, crypto-assets, etc.) involves a risk of partial or total loss of capital. Markets may be volatile.

Past performance and simulations are not indicative of future results.

The Client remains solely responsible for its investment and trading decisions and risk management.

Backtests, simulations and hypothetical results

Backtests and simulations rely on historical data and/or modelling assumptions and produce hypothetical results that may differ from actual outcomes.

They may not reflect liquidity, execution delays, slippage, spreads, commissions, fees, taxes, or extraordinary events.

The Client acknowledges the existence of biases (survivorship bias, look-ahead bias, over-optimisation/overfitting, selection effects).

The Company does not guarantee any result, profit, financial gain or specific performance. Simulations/backtests do not constitute any commitment regarding future profitability.

Algorithms, Machine Learning and AI

Models may produce incorrect, unstable or unsuitable outputs and may degrade over time (drift, regime changes). No guarantee of robustness, stability or profitability is provided.

Financial data quality

Data may be sourced from third-party providers. The Company does not warrant their accuracy or reliability. The Client must verify information against official sources before making any decision.

Limitation of liability

To the fullest extent permitted by applicable law, the Company shall not be liable for, in particular, indirect or consequential damages, loss of profit, loss of opportunity, loss of data, unavailability, force majeure, Client breach, transmission errors, incorrect addresses, inability to access, or connection interruptions.

The Client remains fully responsible for its use of the Services and that of its Users.

The Client waives any claim against PRIMESTRIDER in connection with information, simulations, backtests or algorithmic signals communicated or produced via the Platform.

Any use causing damage to the Company must be indemnified by the Client.

Business Client – cap on liability

Where the Company’s liability is incurred towards a business Client, such liability is capped at the amounts actually paid by the Client to PRIMESTRIDER during the twelve (12) months preceding the event giving rise to the claim.

No liability towards third parties

Any services, analyses or advice that the Client may provide to its own clients using the Platform are governed solely by the contractual relationship between the Client and such third parties. The Company is not a party to that relationship and shall not be liable towards such third parties.

Data

Ownership of Data

The Client remains the owner of the Data it uploads, creates, edits or generates through the Services.

Use of Data

The Client is solely responsible for the quality, legality and relevance of its Data and warrants that it holds all necessary rights. The Client shall indemnify and hold the Company harmless from any claim by third parties arising from the Client’s Data.

Data export and return

At any time, the Client may retrieve its Data via export features or upon request to contact@primestrider.com.

Upon termination and definitive deletion of the Client Account, Data will be deleted within thirty (30) days, subject to the personal data retention policy.

It is the Client’s responsibility to keep a copy of its Data and to perform any export prior to termination.

Any assistance beyond providing the export feature may be billed on a quoted basis.

Term – Termination

Term

The Agreement is entered into for an indefinite term as from the validation of the subscription to a paid Subscription.

Cancellation by the Client of a paid Subscription

The Client may cancel a paid Subscription at any time from its personal area via Stripe.

Cancellation takes effect at the end of the current billing period; no refund (including pro rata) is issued for any started period.

At the end of the period, the Account may switch to the free Offer (if available), allowing access to Data subject to limitations.

Termination of the Agreement and deletion of the Client Account

The Client may terminate the Agreement and request permanent deletion of the Account and Data at any time by email to: contact@primestrider.com.

Suspension and termination for cause

The Company may suspend or terminate the Agreement as of right, without notice or compensation, in the event of a breach (failed payment, fraud, IP infringement, etc.), without prejudice to any claim for damages.

Effects of termination

Termination results in closure of access to the Services as of the effective date, subject to data export operations.

Clauses relating to Liability, Intellectual Property and Governing Law shall survive for the time necessary to fulfil their purpose.

Intellectual property

The Company is the sole owner of all intellectual property rights in and to the Platform, including its software, content, texts, illustrations, videos/images, databases, and related materials, protected by copyright, trademarks, patents, database rights, and image rights.

Licence

The Company grants the Client a personal, non-exclusive, non-assignable and non-transferable licence to use the Platform and the subscribed Services for the term of the Agreement.

The Client shall not make the Platform available to third parties, nor adapt, modify, translate, decompile or otherwise attempt to derive source code, without prior written consent.

Framing/deep-linking and any copying, extraction or reproduction of the database without prior written consent are prohibited.

Client licence to the Company

Where applicable, the Client grants the Company a free, non-exclusive licence to use the Client’s Data, trademarks/logos and provided materials solely for the purpose of providing the Services, worldwide, for the duration of use of the Services.

Data protection – Personal data

All information relating to the collection and processing of personal data is available in the Privacy Policy accessible on the Platform.

Communications – Evidence

Communications will primarily be conducted by email.

In accordance with Articles 1365 et seq. of the French Civil Code and, where applicable, Article L.110-3 of the French Commercial Code, information delivered by email shall constitute evidence between the parties unless proven otherwise in writing.

Connection logs and acceptance logs are retained by the Company, in compliance with personal data rules.

Force majeure

Any event beyond the Company’s reasonable control constitutes a force majeure event (industrial action, technical failure, power outage, epidemic/pandemic, network failure, etc.) and suspends the parties’ obligations.

The Company will notify the other party and use reasonable efforts to mitigate the impact and resume performance once the event has ended.

Updates to the Terms

The Terms may be amended at any time at the Company’s initiative. Any amendment will be brought to the Client’s attention upon the Client’s first use of the Services after the change.

Entire agreement

These Terms constitute the entire agreement between the parties. They prevail over any prior or subsequent communications, unless replaced by a signed written amendment.

Severability

If one or more provisions are held invalid, the remaining provisions shall remain in full force and effect. The Company undertakes to replace the invalid provision with a valid provision having an equivalent legal and economic effect.

Headings

In the event of any interpretation issue between a heading and a clause, headings shall be deemed not to form part of the Terms.

Disputes – Mediation – Jurisdiction

In the event of a dispute, a consumer Client may submit a complaint to contact@primestrider.com.

If the dispute persists, the consumer Client may refer the matter free of charge to the following mediation service: […]

European Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/

Governing law and jurisdiction

These Terms are governed by French law, without prejudice to any mandatory provisions applicable under the law of the Client’s country of residence.

For business Clients, exclusive jurisdiction is conferred on the competent courts of Nanterre (France), subject to any mandatory rules to the contrary.

Appendix 1 — Technical prerequisites

[To be completed: list of technical prerequisites / system requirements]

Appendix 2 — Withdrawal form