Terms of Service

1. Preamble

These Terms of Service (the "Terms") form a binding agreement between you, acting in the name and on behalf of a legal person or as a sole trader (the "Client"), and Sell it Today SAS, a French société par actions simplifiée whose registered office is in Paris, registered with the Paris Trade and Companies Register under number [SIT-SIREN] and listed as an agent of payment services with the Autorité de contrôle prudentiel et de résolution (ACPR) under registration number [ACPR-REG-NUMBER] ("Sell it Today", "we", "us").

Sell it Today distributes the "Pay it Today" service under a written agency mandate from Treezor SAS, a société par actions simplifiée headquartered in Paris, authorised by the ACPR as an établissement de monnaie électronique (Electronic Money Institution, EMI) under licence number 16798 ("Treezor"). Treezor is the issuer of the electronic money held in your account, of the IBANs allocated to it, and of any payment card linked to it, and is the regulated party for the purposes of Articles L. 522-1 et seq. of the French Code monétaire et financier.

By creating an account or using the Pay it Today services, you accept these Terms in full, without reservation. If you do not accept them, you must not open an account.

2. Definitions

"Account" means the payment account opened in your name on Treezor's books, accessed through the Pay it Today web and mobile applications.

"Electronic Money" means the units of value issued by Treezor against funds you have credited to the Account, redeemable at par at any time pursuant to Article L. 315-7 of the Code monétaire et financier.

"Services" means together: the Account, its IBANs, any Mastercard payment card linked to it, SEPA Credit Transfer (SCT) and SEPA Direct Debit (SDD) services, the mobile application, the web application, the customer portal, and any ancillary feature published in the Pay it Today fee schedule.

"Beneficial Owner" means any natural person meeting the conditions of Article L. 561-2-2 of the Code monétaire et financier.

"KYC" / "KYB" means the "Know Your Customer" and "Know Your Business" obligations imposed on Treezor and on us by Articles L. 561-5 to L. 561-12 of the Code monétaire et financier and by EBA guidelines EBA/GL/2022/05.

"Strong Customer Authentication" or "SCA" means the authentication procedure required by Article 97 of Directive (EU) 2015/2366 ("PSD2") and detailed in Commission Delegated Regulation (EU) 2018/389.

3. Eligibility

The Services are reserved for legal persons and sole traders established in France or in another Member State of the European Economic Area whose activity falls within the scope of our internal risk policy. The natural person acting on behalf of the Client must be of legal age (eighteen years), legally capable, and a resident of an eligible jurisdiction.

We reserve the right to refuse any application without obligation to state reasons, in particular where AML/CFT screening, sanctions screening (EU 2580/2001, 881/2002, national lists), or the risk profile of the activity does not allow on-boarding. Refusal is notified by email within a reasonable period and does not give rise to any compensation.

4. Description of the Services

Treezor opens in your name a payment account in euros, accessible 24/7 through the Pay it Today web and mobile applications. The Account is provisioned with a French IBAN (FR76…) and may be credited by SEPA Credit Transfer, SEPA Direct Debit (if a mandate has been signed), or card top-up where offered.

You may, from the Account, issue SEPA Credit Transfers (regulation EU 260/2012), set up recurring transfers, receive funds, request the issuance of one or several Mastercard payment cards (physical or virtual) under Treezor's BIN, and access the operational, accounting and tax documents generated by the Services.

The Services do not constitute a deposit account within the meaning of Article L. 312-2 of the Code monétaire et financier. The funds held on the Account are not covered by the deposit guarantee scheme (Fonds de garantie des dépôts et de résolution); they are ring-fenced in compliance with Article L. 526-32 of the Code monétaire et financier on a segregated bank account opened by Treezor with a third-party credit institution.

5. KYC / KYB obligations

Pursuant to Articles L. 561-5 to L. 561-12 of the Code monétaire et financier and to Commission Delegated Regulation (EU) 2018/1108, you must, at on-boarding and throughout the relationship, provide accurate, complete and up-to-date information about (i) the legal person (legal form, registered office, SIREN/SIRET, KBIS extract, articles of association, annual accounts where applicable), (ii) its beneficial owners, (iii) its legal representatives, and (iv) the nature, volume and geography of its activity.

You must notify us, without delay and at the latest within fifteen (15) calendar days, of any change affecting that information, in particular a change of legal representative, beneficial owner, registered office, or activity. Failure to do so authorises Treezor to suspend or close the Account in accordance with Article L. 561-8 of the Code monétaire et financier.

6. Account opening process

Opening an Account requires (i) creating an electronic profile, (ii) completing the KYB onboarding flow, (iii) successfully passing a liveness and identity-document verification operated by our service provider Ubble (a French AISP-registered identity verification provider acting on behalf of Treezor), and (iv) acceptance by Treezor of the file at the end of the compliance review.

The identity-verification flow captures a short video of the legal representative and reads the security elements of a valid identity document (national identity card, passport, or residence permit). Identification data are retained for the duration of the contractual relationship and for five (5) years after its termination, in compliance with Article L. 561-12 of the Code monétaire et financier.

We may, at any time, request additional supporting documents (proof of address, supplier invoice, contract, source of funds) where required by our risk policy or by the AML/CFT regulations.

7. Fees and pricing

The fees applicable to the Services are set out in the fee schedule ("Conditions tarifaires") published on the Pay it Today website and accessible inside the application. The fee schedule forms an integral part of these Terms.

Unless otherwise specified, fees are debited from the Account at the frequency stated in the schedule. Any change to the fee schedule is notified to you, on a durable medium, at least two (2) months before its entry into force, in compliance with Article L. 314-13 of the Code monétaire et financier. You may, during that period, terminate the agreement free of charge.

8. Prohibited uses

The Services may not be used for any activity that is illegal under French law, EU law or the law applicable at the place of execution of the transaction. The following activities are specifically prohibited, in accordance with PSD2, the FATF 40 Recommendations, ACPR sectoral guidance and Treezor's internal risk policy:

- online gambling and betting operated without an ANJ licence; - purchase, sale or exchange of crypto-assets without registration as a PSAN with the AMF, or otherwise outside the scope of Regulation (EU) 2023/1114 (MiCA); - sale of weapons, ammunition, explosives or precursor chemicals; - sale of narcotic substances or of substances classified as new psychoactive substances; - pornographic content, escort services, or adult content distribution; - Ponzi schemes, pyramid schemes, multi-level marketing structures whose lawful character is not established; - activities targeted by EU, UN or French financial sanctions; - financing of terrorism or of the proliferation of weapons of mass destruction (Article L. 562-1 et seq. of the Code monétaire et financier); - shell companies without a real economic activity.

Any use of the Services for one of the prohibited activities above entitles Treezor and Sell it Today to suspend or close the Account without notice, to file a suspicious-activity report with Tracfin (Article L. 561-15 of the Code monétaire et financier), and to seek compensation for any damage suffered.

9. Cards - issuance and use

Treezor issues, under its Mastercard principal-membership, one or several physical or virtual payment cards linked to the Account. Each card is governed by the specific Card Terms accepted at the time of card request, which complete and prevail over these Terms on card-specific matters.

The card-holder is the natural person designated at the time of issuance. The card is strictly personal: it may not be transferred, lent or used by any other person. Card spending limits are visible inside the application and may be adjusted within the maximums set by Treezor's risk policy.

In the event of loss, theft, misappropriation or fraudulent use of a card, the card-holder must, without delay, declare the event inside the application or by telephone via the 24/7 hotline indicated in the application, in compliance with Article L. 133-17 of the Code monétaire et financier. The card is then immediately blocked.

10. Strong Customer Authentication

All sensitive operations - login from a new device, transfer to a new beneficiary, change of contact details, increase of card limits - are subject to Strong Customer Authentication within the meaning of Article 97 of PSD2 and of Commission Delegated Regulation (EU) 2018/389.

The authentication combines at least two of the three following independent factors: knowledge (a password known to you), possession (a phone enrolled in the application, a security key supporting the FIDO2 / WebAuthn standard, or a one-time TOTP code generated by an authenticator application), and inherence (the biometric features of the device - Face ID, Touch ID, Android BiometricPrompt). You are responsible for keeping these factors secret and under your sole control.

11. Liability and force majeure

Sell it Today and Treezor are bound by a best-efforts obligation in the provision of the Services. They are liable for direct, foreseeable damage caused by a proven breach of their contractual obligations; they may not be held liable for any indirect damage, loss of profit, loss of opportunity, loss of data or commercial prejudice.

No liability is incurred where the inexecution results from a case of force majeure within the meaning of Article 1218 of the Civil Code, from a fact attributable to the Client or to a third party (including a payee, a correspondent bank, or a card scheme), or from the application of a mandatory legal or regulatory provision.

12. Suspension and termination

Treezor and Sell it Today may suspend the Services, in whole or in part, without notice, where (i) there exists a serious doubt as to the security of the Account, (ii) there is a reasonable suspicion of unauthorised or fraudulent use, (iii) you breach the present Terms, in particular Section 8 (Prohibited uses), or (iv) suspension is required by a legal or regulatory obligation.

The contract is concluded for an indefinite term. You may terminate it at any time, free of charge, by notice from inside the application. We may terminate it by giving you two (2) months' prior notice on a durable medium, in compliance with Article L. 314-13 of the Code monétaire et financier. Treezor may terminate without notice in the cases listed in this Section. Upon termination, the balance of the Account is returned to you by SEPA Credit Transfer on a bank account you designate, after deduction of any duly owed sum.

13. Complaints and mediation

Any complaint may be addressed first to our customer support through the in-app messaging or by email at the address published on the Pay it Today website. We acknowledge receipt within ten (10) business days and reply substantively within two (2) months, in compliance with Article L. 316-1 of the Code monétaire et financier.

If you are not satisfied with the answer, or in the absence of an answer within two (2) months, you may refer the matter, free of charge, to the Médiateur de l'AFEPAME (Association française des établissements de paiement et de monnaie électronique) at 36 rue Taitbout, 75009 Paris, www.mediateur-afepame.fr, or to the consumer mediator competent for your sector. The list of mediators is also accessible at www.economie.gouv.fr/mediation-conso.

You retain at all times the right to lodge a complaint with the ACPR (4 place de Budapest, 75436 Paris Cedex 09) or to bring an action before the competent court.

14. Personal data

The processing of personal data carried out within the framework of the Services is governed by our Privacy Policy, accessible at /legal/privacy, which forms an integral part of these Terms. You acknowledge having read it before accepting the present Terms.

15. Intellectual property

All elements of the Pay it Today applications (source code, graphic charter, trademarks, logos, illustrations, copy) are protected by intellectual-property law. They remain the exclusive property of Sell it Today or of its licensors. The acceptance of the present Terms grants you a non-exclusive, non-transferable, revocable right to use the Services for the sole needs of your activity, to the exclusion of any other use.

16. Governing law and jurisdiction

The present Terms are governed by French law. Any dispute arising from their formation, interpretation, performance or termination falls within the exclusive jurisdiction of the competent courts of Paris, notwithstanding plurality of defendants or warranty claims, including for summary proceedings and on petition.

The present clause does not deprive the Client, acting as a consumer where applicable, of the protection granted to it by the mandatory provisions of the law of its country of habitual residence.

17. Modifications

We may amend the present Terms at any time, in particular to reflect changes in the applicable regulations, in the Services or in our risk policy. Any substantial amendment is notified to you on a durable medium at least two (2) months before its entry into force, in compliance with Article L. 314-13 of the Code monétaire et financier. Silence kept during that period is deemed to be acceptance. If you refuse the amendment, you may terminate the agreement free of charge before its entry into force.

18. Effective date

The present Terms enter into force on the date of their acceptance by the Client and replace any previous version. The current version is permanently accessible inside the application and at /legal/terms.