Byzantine Finance is a simplified joint stock company registered with the Trade and Companies Register of Nanterre under number 929 169 217 whose premises are located 120 Rue Jean Jaures, 92300, Levallois-Perret (“Byzantine”).

Byzantine is a financial technology company, not a bank or a digital asset custodian. Byzantine does not hold any balance on behalf of its customers and does not pay interest on digital asset balances.

Byzantine is a technology company that solely develops and operates software and interfaces enabling Users to interact directly with decentralized finance protocols and regulated third-party partners. Byzantine does not act as a credit institution, payment institution, electronic money institution, investment firm, digital asset (or crypto-asset) service provider (DASP/CASP), insurance company or alternative investment fund manager (AIFM) and does not itself provide any regulated services (such as banking, investment, payment, e-money, custody, insurance, fund management services).

Byzantine can be contacted under info@byzantine.fi.

1. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below, whether used in the singular or plural form, unless the context requires otherwise:

• “Account”: means the personal space created for the User upon registration on the Interface, enabling the User to access and use the Services with their login and password.
• “Byzantine” or “Byzantine Finance”: means Byzantine Finance, a simplified joint stock company registered with the Trade and Companies Register of Nanterre under number 929 169 217, whose premises are located at 120 Rue Jean Jaurès, 92300 Levallois-Perret, France.
• “Byzantine Prime Vault” or “Smart Contract Vault”: means the non-custodial smart contract used in connection with the Services, which automatically deploys Digital Assets into one or more Protocols according to its encoded and automated logic and, where applicable, the strategy defined by the Strategy Manager.
• “Capped Insurance”: means the FI Protect 360, Integrated Insurance for Financial Institutions policy applicable to the Assured Vault, subject to an aggregate maximum coverage limit specified on the Insurance and to all exclusions, conditions and sub-limits defined therein. The key terms of the Capped Insurance and access to the policy wording are made available at the following link: [insert URL].
• “Conversion Partner” or “On-Ramp/Off-Ramp Partner”: means any regulated third-party service provider offering fiat-to-stablecoin and/or stablecoin-to-fiat conversion services to Users, whose services may be accessed through the Interface.
• “Custodian” or “Partner Custodian”: means any third-party regulated Digital Asset Service Provider or Crypto-Asset Service Provider providing wallet and custody services to Users who choose not to self-custody their Digital Assets or Vault Tokens, and whose services may be accessed through the Interface.
• “Digital Assets”: means any digital representation of value or rights that can be transferred and stored electronically using distributed ledger technology, including, without limitation, cryptocurrencies and stablecoins (as defined by Article L.54-10-1 of the French Monetary and Financial Code).
• “Insurance” : means the FI Protect 360 – Integrated Insurance for Financial Institutions policy covering certain technical activities relating to the Assured Vault, as further described in Article 11.
• “Interface”: means the digital interface operated by Byzantine and accessible at https://app.byzantine.fi/, through which the User may access the Services.
• “Protocols”: means third-party decentralized finance lending, borrowing, liquidity or yield-generating protocols, including but not limited to Morpho, Aave, Maker, Compound, or any other protocol supported by the Services from time to time.
• “Services”: means the decentralized digital credit product and the related technological services made available by Byzantine via the Interface, as described in these Terms and Conditions.
• “Stablecoins”: means Digital Assets designed to maintain a stable value by being backed or referenced to one or more fiat currencies, and which may be used for the purposes of the Services.
• “Strategy Manager”: means any third-party regulated entity responsible for defining and updating the investment strategy and risk parameters applied to the Byzantine Prime Vault, under its own regulatory authorisations.
• “Terms and Conditions”: means the present general terms and conditions governing the contractual relationship between Byzantine and the User and the use of the Services, as amended from time to time.
• “Turnkey”: means the independent third-party provider of self-custodial wallets for Users, whose services are accessible at https://www.turnkey.com/, and which are controlled exclusively by the relevant Users.
• “User”: means any natural person or legal entity that accesses the Interface and/or uses the Services, whether acting as a consumer or as a professional, as described in article “Conditions of access to Services”.
• “Vault Tokens”: means any technical representation tokens recorded on the relevant blockchain, which may be issued by the Byzantine Prime Vault to represent the User’s proportional interest in the assets held by the Smart Contract Vault and to enable tracking and, where applicable, withdrawal of such share.
• “Website”: means the corporate informational website operated by Byzantine, accessible at https://www.byzantine.fi/.

2.    Byzantine’s Services

Byzantine offers to its users (the "Users") a digital credit product (the "Services") via the Interface accessible at: https://app.byzantine.fi/ (the "Interface").

The Services are limited to providing technological access and interfaces with third-party Protocols and partners. Byzantine does not provide investment advice, portfolio management, custody of Digital Assets, or any guarantee of performance. Users remain solely responsible for their investment choices and the risks associated with the use of Digital Assets and decentralized finance Protocols.

In particular, Byzantine does not provide, and the User acknowledges that they are not provided by Byzantine with, any of the following services as defined under Regulation (EU) 2023/1114 (“MiCA”):

• Custody and administration of digital assets
• Operation of a trading platform for digital assets,
• Exchange of digital assets for funds or for other digital assets,
• Execution of orders on digital assets on behalf of clients,
• Reception and transmission of orders on digital assets,
• Placing of digital assets,
• Transfer of digital assets,
• Advice on digital assets, or
• Portfolio management on digital assets

Byzantine is not a counterparty to any transaction executed by the User and does not operate any multilateral system for matching purchase and sale interests in Digital Assets.

All transactions involving Digital Assets are initiated by the User or executed automatically by the smart contract. Byzantine cannot independently initiate, validate or execute transactions on behalf of the User.

The Services and the Byzantine Prime Vault are designed and operated on the basis that they should not characterize an alternative investment fund within the meaning of Directive 2011/61/EU (AIFMD).

Turnkey acts as an independent provider of self-custodial wallets. Byzantine does not access, store or manage private keys and is not responsible for the security, recovery or operation of such wallets.

3.    Information regarding the Terms and Conditions

Function of the Terms and Conditions

The general terms and conditions (the "Terms and Conditions") constitute the sole document governing Byzantine's contractual relationship with the User and define:

• The terms of use of the Services,
• The respective obligations of the parties.

Location of the Terms and Conditions

The User can find them via a direct link at the bottom of the Interface page as well as Byzantine's website: https://www.byzantine.fi/ (the "Website").

Acceptance of the Terms and Conditions

The User accepts the Terms and Conditions by ticking a box on the registration form.  If the User does not accept all Terms and Conditions, they cannot access the Services.

The Terms and Conditions may be supplemented by special conditions which, in the event of contradiction, shall prevail over the Terms and Conditions.

4.    Conditions of access to Services

(i) The User is:

• A natural person with full legal capacity
• Or a legal entity acting through a natural person with the power or authority required to enter into a contract in the User's name and on their behalf.

(ii) The User is:

• A consumer, understood as any natural person who acts for purposes that do not fall within the scope of their professional activity,
• Or a professional, understood as any natural person or legal entity acting for purposes within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.

5.    Subscription and access to Services

The User can access the Services by going directly to the Interface. To access the Services the User must fill in the form on the Interface and complete the mandatory KYC/KYB/AML process or be registered on one of the third-party websites listed on the Interface and use the login details of the selected third-party website. The User expressly authorizes Byzantine to access their account data on the relevant third-party website for the sole purpose of providing the Services.

The User must provide Byzantine with all information marked as mandatory, warrant that such information is accurate, complete and up to date, and immediately inform Byzantine of any change. In particular, the User undertakes not to provide any false, misleading, incomplete or fraudulent information. Failure to comply with these obligations may result in suspension or termination of the Services.

Registration automatically opens an account in the User's name (the "Account") enabling the User to access the Services using their login and password. The User is solely responsible for maintaining the confidentiality and security of their login credentials and for all activities carried out through their Account.

When the use of the Services requires the opening of a wallet or account with a regulated third-party partner (such as a Custodian or an On-ramp/Off-ramp Partner), the User acknowledges that such partner remains solely responsible for carrying out its own KYC/KYB/AML checks and for deciding whether or not to onboard the User. Byzantine may collect and transmit certain identification data solely to facilitate this onboarding, but does not perform, validate or substitute itself for the regulated partner’s own KYC/KYB/AML process.

Byzantine does not carry out regulated KYC/KYB/AML onboarding unlike a financial regulated institution which is required to do so. All formal KYC/KYB/AML checks are performed by the regulated partners (Custodian and Conversion Partner). Byzantine may, however, perform its own identification and screening checks for fraud-prevention, security or compliance purposes and may refuse or suspend access to the Services in case of suspicion of misuse, money laundering, terrorism financing or any unlawful activity.

6.    Description of the Services

Services

Before subscribing, the User acknowledges that they can find out about the characteristics of the Services and their constraints, including technical, legal, and financial constraints, and the risks inherent in the use of digital assets, in particular the risk of partial or total loss of the invested assets, in particularly technical constraints, on the Interface.  

The User acknowledges that the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which Byzantine is not responsible.

The Services to which the User has subscribed are described on the Interface.

In particular, the User has access to a digital credit product:

• Automated: The investment vehicle is a smart contract vault, i.e., a strategy executed automatically for the User.
• Digital: Based on Digital Assets. The investment is made in stablecoins rather than traditional fiat currencies. Stablecoins are Digital Assets backed 1:1 by euros or dollars, so they intend to correspond to the value of fiat currencies.
• Credit: Investments are made through recognized lending and borrowing Protocols such as Morpho, Aave, Maker, and Compound.

Specifically, the Interface allows Users to select the product in which they wish to invest, finalize their investment, and initiate a withdrawal of their assets at any time.

The investment vehicle used via the Interface is a non-custodial smart contract vault (the “Byzantine Prime Vault”) deployed on a public blockchain. Once the User has initiated a transaction from their own wallet (or from a wallet held with a regulated Custodian), the corresponding Digital Assets are transferred directly to the Byzantine Prime Vault smart contract.

When Users choose to create a wallet through Turnkey, such wallet remains entirely under the User’s exclusive control. Byzantine does not have access to, cannot reconstruct, and cannot use the private keys associated with any User wallet.

Byzantine does not hold or control any private keys linked to the Byzantine Prime Vault or to the Users’ wallets and cannot initiate, sign or validate any transfer of digital assets on behalf of the User. All on-chain operations are executed automatically according to the logic encoded in the smart contract and, where applicable, the strategy defined by the regulated Strategy Manager, without any discretionary intervention by Byzantine.

The Byzantine Prime Vault smart contracts are immutable and not upgradeable. Byzantine cannot alter their logic, modify asset allocations, add new functionalities, or interfere with their execution after deployment.

In consideration of each deposit, the Byzantine Prime Vault may mint technical representation tokens recorded on the relevant blockchain (“Vault Tokens”) representing the User’s proportional interest in the assets held by the smart contract vault. Vault Tokens are solely intended to enable the User to track and, where applicable, request withdrawal of their share of the underlying assets via the smart contract.

Vault Tokens do not represent a fixed claim, future cash flow, or debt liability. They are not financial instruments, nor stablecoins. They merely represent a proportional claim on the Byzantine Prime Vault at the time of withdrawal through the smart contract.

Vault Tokens are not marketed, listed or made available for trading by Byzantine on any secondary market and are not promoted as financial instruments or investment products.

The Interface does not allow Users to buy or sell Digital Assets or Vault Tokens from or to Byzantine or other Users, nor to place, match or execute orders for Digital Assets. The Interface does not operate as an exchange or trading venue, but solely as a technical interface to interact with the Byzantine Prime Vault and underlying Protocols.

Byzantine does not guarantee the performance, profitability, value conservation or liquidity of any investment made via the Interface. The User remains solely responsible for their investment decisions and acknowledges that past performance of the Protocols mentioned is not indicative of future results.

The timelock and veto mechanisms encoded into the Byzantine Prime Vault relate exclusively to the security of the smart contract and not to the selection, allocation or reallocation of assets. Byzantine’s voting rights or veto rights, where applicable, are strictly limited to preventing the introduction of a malfunctioning or unsafe sub-vault and do not amount to any investment decision, investment advice, portfolio management, or reception or transmission of orders.

Byzantine reserves the right to offer any other Service.

Additional Services

• ‍Maintenance

For the duration of the Services, the User benefits from maintenance, in particular corrective and ongoing maintenance. In this context, access to the Interface may be limited or suspended.

Byzantine makes every effort to provide the User with corrective maintenance to correct any malfunction or bug found on the Interface.

The User also benefits from ongoing maintenance, which Byzantine may carry out automatically and without prior notice, and which includes improvements to the Interface's functionalities, the addition of new functionalities and/or technical installations used within the framework of the Interface (aiming to introduce minor or major extensions).

Updates are made for the duration of these Services.

The User must agree to install any necessary updates so that the Services remain compliant, i.e. so that the Services can continue to be used in accordance with what has been agreed between the parties and what the User expected when subscribing

Access to the Interface may also be limited or suspended for planned maintenance purposes, which may include the corrective and ongoing maintenance operations referred to above.

• ‍Hosting

Byzantine uses its best efforts to host the Interface, as well as the data entered on the Interface, on its servers or via a professional hosting service provider, and on servers located in a territory of the European Union.

• ‍Technical support

In the event of any difficulty encountered while using our Services, the User may contact Byzantine using contact details provided in article "Byzantine’s information".

Technical support service is available from Monday to Friday, excluding public holidays, from 8 am to 6 pm. Depending on the need identified, Byzantine will estimate the response time and inform the User accordingly.

7.    Duration of the Services

The User subscribes to the Services for an indefinite period.

Byzantine may terminate the Services at any time with thirty (30) days’ prior written notice. The User may unsubscribe at any time in accordance with Article “End of Services.”

8.    Financial terms

Investment via the Interface

Via the Interface, the User can:

• Select the product in which they wish to invest,
• Invest via their own wallets or via a wallet created for them with the Partner Custodian via the Interface, optionally directly from their bank account. Byzantine makes available an integrated on-ramp and off-ramp journey operated exclusively by a regulated third-party Conversion Partner, which converts fiat currencies into stablecoins and vice versa under its own terms and conditions and regulatory licenses. Byzantine does not at any time receive, hold or transfer any fiat currencies or stablecoins in the context of such conversion services nor act as counterparty to the transaction. Byzantine does not intermediate itself in the routing of orders to the Conversion Partner.

Below is an illustration of the on-ramping process.

• Initiate withdrawal of their assets at any time, subject to the technical and liquidity constraints of the underlying Protocols and partners.

Byzantine never receives or holds any User investment, whether in fiat currencies or in Digital Assets. Byzantine is solely a technical service provider—we develop the interface and connect partners' systems of regulated partners and decentralized Protocols.

The User acknowledges that any investment made via the Interface does not constitute a transfer of money or Digital Assets to Byzantine, but a direct transfer of Digital Assets to the Byzantine Prime Vault smart contract, or to wallets and accounts operated by regulated partners in the User’s name. Byzantine has no operational, technical or legal control over the Byzantine Prime Vault or over the wallets and accounts operated by such partners and cannot access, move or dispose of the assets deposited therein.

Byzantine does not define the investment strategy but collaborates with Keyrock Group, who acts as Strategy Manager and is regulated by the AMF.

Keyrock Group acts as independent Strategy Manager under its own regulatory authorizations and remains solely responsible for defining and updating the investment strategy and risk parameters applied to the Byzantine Prime Vault. Byzantine does not intervene in, approve or modify these choices and has no discretionary power over the allocation of the User’s assets between the underlying Protocols.

The Strategy Manager does not manage portfolios on a discretionary client-by-client basis. It only defines ex-ante strategy parameters encoded in the smart contract. All asset deployments are executed automatically at the time of User-initiated deposits. Neither the Strategy Manager nor Byzantine has discretionary control over the User’s assets.

The User expressly acknowledges and accepts that: (i) investments in Digital Assets carry significant risks, including the risk of partial or total loss of invested assets; (ii) past performance of the referenced Protocols is not indicative of future performance; and (iii) Byzantine does not provide financial advice, investment recommendations or guarantees of return, value conservation or liquidity.

The Conversion Partner acts exclusively under its own responsibility and executes any Stablecoin transfer directly from the User’s fiat account or payment method to the Byzantine Prime Vault. Byzantine does not receive, intermediate, initiate, validate, route, or control such transfers in any manner.

Price of Services

Byzantine receives a commission on the User's returns on investments made through the Services. The exact figure is clearly indicated on the Interface.

If an exchange rate is applied, exchange charges applicable on the date of payment of the price shall be borne by the User. Where applicable, the User is solely responsible for the payment of all payment services provider charges relating to the payment of prices, with the exception of Byzantine's payment services provider charges.

Byzantine’s prices may be revised at any time under the conditions of the article "Modification of the Terms and Conditions”.

The commission shall remain due even in the event of negative performance or loss of part or all of the invested capital, and Byzantine shall not be required to refund any amount already collected.

The User expressly acknowledges that the commission is collected on-chain by the automatic minting of a small portion of additional Vault Tokens in favour of Byzantine, which has the effect of reducing the net return allocated to the User without Byzantine directly debiting any fees from the User’s wallet.Interface

Performance fees are collected solely through the minting of additional Vault Tokens directly to Byzantine’s wallet by the smart contract, following the ERC-4626 standard. Byzantine does not debit any fees from User wallets nor initiate any transaction to collect fees.

The fee mechanism works as follows:

In other words, Byzantine never takes any fees from users’ wallets. The fees are collected as newly created vaultshares - a “vaultshare dilution” methodology.

1. Any vault interaction (deposit, withdrawal, or a direct function call to this end) triggers fee calculation.
2. The vault checks asset values since the last fee calculation and calculates the increase. Based on this gain, fees are calculated. In Byzantine’s case, the fees are 10% of returns.
3. New vaultshares corresponding to this amount are minted directly to Byzantine’s wallet address.
4. The vault’s total asset value is updated.

9.    Risks and No Guarantee of Investment Performance

The User expressly acknowledges and accepts that investments in Digital Assets are highly speculative and involve significant risks, including but not limited to partial or total loss of the invested capital, high volatility, liquidity constraints, Protocol or smart contract failures, cyber-attacks, and regulatory changes. Byzantine provides no guarantee as to the preservation of capital, achievement of expected returns, or liquidity of the assets. Past performance of third-party Protocols or strategies is not indicative of future results. The User remains solely responsible for all investment decisions taken through the Interface and must ensure that they have the necessary knowledge and risk tolerance before subscribing to the Services.

The User acknowledges and accepts that Byzantine does not at any time initiate transfers of Digital Assets on the User’s behalf and that any on-chain transaction is executed either directly by the User via their own wallet or by the relevant regulated partner under its own responsibility.

10.    Right of withdrawal

The User as a consumer has a right of withdrawal.

If the User qualifies as a “professional” within the meaning of applicable French consumer law, they may benefit from a right of withdrawal if they (i) are a professional with 5 or fewer employees, (ii) are purchasing a good or service that does not fall within their main field of activity (i.e. does not directly or remotely relate to the Services) and (iii) have concluded the Services "off-premises", i.e.:

This right of withdrawal is valid for 14 calendar days from acceptance of the Terms and Conditions. The User can exercise this right free of charge by sending to Byzantine before the end of this period to the address mentioned in article "Byzantine’s informations":

If the User requests that the Services begin prior to the expiry of the withdrawal period, by ticking the appropriate box on the form, they will only be liable for the price of the Services calculated on a pro rata basis for the Services provided up to the date on which Byzantine was informed of the User's wish to withdraw.

• In a place, other from Byzantine’s premises, where Byzantine’s personnel and the User were physically present together and at the same time,
• At the User's premises or by means of a remote communication technique, immediately after Byzantine has personally and individually approached the User (i) at a location other than Byzantine's premises and (ii) where Byzantine and the User were physically present together at the same time (e.g. meeting at the User's premises or at a trade fair, delivery of a quotation on this occasion, followed by signature by the User at Byzantine's premises (by hand or online subscription)),
• During an excursion organised by Byzantine to promote the Services.

11.    Warranty and Insurance

Legal warranty of conformity

• The completed withdrawal form available in Appendix 1, or
• Any other unambiguous statement expressing the User's wish to withdraw.

Consumers are entitled to invoke the legal guarantee of conformity if a lack of conformity appears during the contractual relationship between the parties. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

The legal warranty of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or service for the duration of the contractual relationship between the parties.

The legal warranty of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.

The consumer may obtain a reduction in price by keeping the digital content or service, or he may terminate the contract by obtaining a full refund in exchange for renouncing the digital content or service, if:

The consumer is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to justify an immediate reduction in price or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.

In cases where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for payment of a price.

Any period during which the digital content or digital service is unavailable for the purpose of restoring conformity suspends the warranty that remained in force until the digital content or digital service was supplied in conformity again.

These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

• The professional refuses to bring the digital content or service into compliance,
• The compliance of the digital content or service is unjustifiably delayed,
• The digital content or service cannot be brought into conformity without incurring costs for the consumer,
• Bringing the digital content or service into conformity causes major inconvenience to the consumer,
• The non-conformity of the digital content or service persists despite the professional's unsuccessful attempt to bring it into conformity.

Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).

Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the User to a price reduction if the digital content or service is retained, or to a full refund in exchange for relinquishing the digital content or service.

Insurance, Coverage Limitations and Vault Option

Byzantine informs the User that certain technical activities relating to the “Assured Vault” benefit from an insurance coverage operated under the wording FI Protect 360, Integrated Insurance for Financial Institutions (the “Insurance”).

The User expressly acknowledges that:

The User acknowledges and accepts that the scope of coverage, its limits, exclusions, deductibles, and conditions are exclusively those set out in the Insurance wording.

Upon request, Byzantine shall provide the User with access to the current Insurance policy, subject to reasonable confidentiality requirements and to the redaction of any commercially sensitive information.

Nothing in these Terms and Conditions shall be construed as expanding, modifying, or supplementing the Insurance coverage beyond what is expressly provided in the policy.

Assured Vault

The User may choose to deposit assets into the Assured Vault, which benefits from the Insurance described in this Article.

• The Insurance covers the Vault as an infrastructure and the technical activities associated with it,
• The Insurance does not insure the User, the User’s assets, nor any individual person,
• The Insurance applies only to the risks, conditions, exclusions and sub-limits described in the policy,
• The Insurance coverage is strictly capped at a maximum aggregate limit of Capped Insurance, beyond which no coverage applies.

The User acknowledges that:

Byzantine may provide, for informational purposes only, an indication of the current utilisation of the Capped Insurance coverage limit.

Uninsured Vault (Lower-Fee Option)

Byzantine also offers an Uninsured Vault, which is subject to lower fees but does not benefit from any insurance coverage of any kind.

The User expressly acknowledges that:

Supplementary Guarantee and Priority of the Insurance Wording

The User acknowledges and agrees that:

• The Insurance applies solely to the Vault’s technical perimeter
• The total Insurance coverage is limited to the Capped Insurance in aggregate,
• Any assets deposited in the Assured Vault above this limit are not insured
• Byzantine does not act as an insurer and does not guarantee any compensation or coverage beyond the policy terms.

The User is not a party to the Insurance policy and has no direct right of action or claim against the insurers under such policy.

Fees

The Assured Vault may be subject to additional fees corresponding to the existence, maintenance, management and monitoring of the Insurance.

The Uninsured Vault benefits from reduced fees, directly linked to the absence of Insurance coverage.

The applicable fees for each Vault are indicated on the Interface.

• No Insurance protection applies to the Uninsured Vault;
• None of the provisions of the FI Protect 360 policy apply to assets allocated to this Vault;
• The User bears all risks associated with the Uninsured Vault, including technical, technological, cyber, operational, protocol-related, and regulatory risks.

Updates to the Insurance Policy

Should the Insurance be amended (including but not limited to renewals, endorsements, or changes in insurers), Byzantine shall:

These changes shall not entitle the User to any compensation.

• Only the Insurance wording prevails for determining the insured risks, coverage scope, exclusions, and conditions;
• Byzantine’s obligations are limited to making the existence of the Insurance transparent and to operating the Vault infrastructure;
• Byzantine does not provide any guarantee of payment, indemnification, solvency, or responsiveness of the insurers;
• No clause of these Terms and Conditions shall be interpreted as creating an insurance obligation or financial guarantee on the part of Byzantine.

However, if the Insurance is fully withdrawn with no comparable replacement, the User may request a fee-free transfer from the Assured Vault to the Uninsured Vault.

12.    Intellectual property rights

The Interface is Byzantine’s property, as are Byzantine’s software, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.). They are protected by all intellectual property rights or database producers' rights in force. The license granted to the User does not entail any transfer of ownership.

The User is granted a non-exclusive, personal and non-transferable license to use the Interface in SaaS mode for the duration specified in the article "Duration of the Services".

13.    Commercial references

The parties may use their respective names, brands, and logos, and refer to their respective Interfaces, as commercial references, for the duration of their contractual relationship and 3 years thereafter.

14.    User's obligations and liability

Concerning the provision of information

1. Notify the User by any written means;
2. Make the updated policy (or its key information) available through the Interface or User Account;
3. Specify any modification affecting the coverage of the Assured Vault.

The User undertakes to provide Byzantine with all the information required to subscribe to and use the Services, , warrants that such information is complete, accurate and up to date, and undertakes to promptly inform Byzantine of any changes. The User shall not provide any false, misleading, incomplete or fraudulent information.

Concerning the User's Account

The User:

• Guarantees that the information provided in the form is accurate and undertakes to keep it up to date,
• Acknowledges that this information is proof of their identity and is binding as soon as it is validated,
• Is responsible for maintaining the confidentiality and security of their login and password. Any access to the Interface using their login and password is deemed to have been made by the User.

The User must immediately contact Byzantine using the contact details provided in article "Byzantine’s informations" if they find that their Account has been used without their knowledge. The User acknowledges that Byzantine shall have the right to take all appropriate measures in such a case, including suspension or termination of access to the Services..

Concerning the use of the Services

The User is responsible for their use of the Services and for any information they share in this context. The User agrees to use the Services personally and not to allow any third party to use them in their place or on their behalf.

The User undertakes not to use the Services for purposes other than those for which they were designed, and in particular to:

• Engage in any illegal or fraudulent activity,
• Undermine public order and morality,
• Infringe the rights of third parties in any way whatsoever,
• Violate any contractual, legislative or regulatory provision,
• Engage in any activity likely to interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,
• Promote their services and/or websites or those of a third party,
• Assist or incite a third party to commit one or more of the acts or activities listed above.

The User also refrains from:

• Copying, modifying, or misappropriating any element belonging to Byzantine or any concepts it exploits within the framework of the Services,
• Engaging in any behavior likely to interfere with or hijack Byzantine’s computer systems or undermine its computer security measures,
• Infringing Byzantine’s financial, commercial or moral rights and interests,
• Marketing, transferring or otherwise giving access in any way whatsoever to the Services, to information hosted on the Interface or to any element belonging to Byzantine.

The User acknowledges that the use of digital assets and decentralized Protocols involves specific risks (volatility, smart contract failures, hacking, liquidity risks) and undertakes to bear these risks without recourse against Byzantine.

The User shall indemnify Byzantine against any claim and/or action that may be brought against it as a result of the breach of any of the User's obligations. The User shall indemnify Byzantine for any loss suffered and reimburse Byzantine for any sums it may have to bear as a result.

15.    Byzantine’s obligations and liability

Byzantine undertakes to provide the Services with diligence; it being specified that it is bound by a best-effort obligation.

Byzantine is not responsible for, and may not be held liable in connection with, the functioning, security, performance, or regulatory status of any third-party Protocol or partner (including decentralized lending and borrowing Protocols, Custodians, and Conversion Partners). Byzantine does not audit, control or guarantee such third-party services and the User remains solely responsible for assessing their suitability and risks.

Concerning the quality of the Services

Byzantine uses its best effort to provide the User with quality Services.

To this end, Byzantine carries out regular checks to check the operation and accessibility of its Services and may carry out maintenance under the conditions specified in article "Maintenance".

However, Byzantine shall not be held liable for temporary difficulties or impossibilities in accessing its Services resulting from:

• Circumstances external to its network (including but not limited to partial or total failure of the User's servers),
• Failure of equipment, cabling, services or networks not included in its Services or not under its responsibility,
• Interruption of Services by telecom operators or Internet service providers,
• Intervention by the User, including but not limited to incorrect configuration of the Services,
• Force majeure.

Byzantine is responsible for the operation of its servers, the outer limits of which are constituted by the connection points.

Furthermore, Byzantine does not guarantee that the Services:

• As they are subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults,
• As they are standard and in no way tailored to the User's personal requirements, will specifically meet the User’s needs and expectations,
• Will ensure the performance, profitability, conservation of value or liquidity of any investment made by the User through the Interface.

Concerning the Interface service level guarantee

Byzantine offers no guarantee of the Interface's level of service.

However, Byzantine makes every effort to maintain 24/7 access to the Interface, except in the event of scheduled maintenance under the conditions defined in article "Maintenance" or in the event of force majeure.

Concerning the backup of data on the Interface

Byzantine shall use its best efforts to safeguard all data entered on the Interface.

However, except in the case of proven negligence on the part of Byzantine, it is not liable for any loss of data during maintenance operations.

Concerning data storage and security

Byzantine provides sufficient storage capacity for the operation of the Services.

Byzantine makes its best efforts to ensure data security by implementing measures to protect infrastructures and the Interface, to detect and prevent malicious acts and to recover data.

Concerning subcontracting and assignments

Byzantine may use subcontractors to carry out the Services, and these subcontractors are subject to the same obligations as Byzantine. Nevertheless, Byzantine remains solely responsible to the User for the proper performance of the Services.

Byzantine may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the User. In such a case, Byzantine will inform the User of this substitution by any written means.

16.    Limitation of Byzantine’s liability

Byzantine’s liability is limited solely to proven direct damages suffered by the User as a result of using the Services.

Byzantine shall not be liable for any indirect, consequential or immaterial damages, including but not limited to financial losses, loss of opportunity, loss of profit, loss of clientele, loss of data, reputational damage, or damages resulting from fluctuations in the value of digital assets, failure of third-party Protocols, smart contract malfunctions, or cyber-attacks beyond Byzantine’s reasonable control.

With the exception of bodily injury, death and gross negligence, and subject to having made a claim by registered letter with acknowledgement of receipt, within a period of one month following the occurrence of the damage, Byzantine’s liability shall not exceed the commission received by Byzantine for the provision of its Services if the User is a professional.

In particular, Byzantine shall not be liable for any requalification by a third party or authority of the Services, the Byzantine Prime Vault or any Vault Tokens as regulated crypto-asset services, financial instruments, provided that Byzantine has acted in good faith and in compliance with these Terms and Conditions and with the applicable law as reasonably interpreted at the time of performance.

17.    Admissible modes of proof

Proof may be established by any means.

The User is hereby informed that messages exchanged via the Interface as well as data collected on the Interface and Byzantine’s computer equipment constitute the main accepted mode of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.

18.    Personal data processing

General provisions

As part of their contractual relations, each Party shall undertake to comply with the applicable regulations on personal data processing and, in particular, the General Data Protection Regulation (regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016) and to the French Data Protection Act of 6 January 1978 (hereinafter referred together as the “Applicable Regulation”).

Each Party processes personal data of contact person of the other Party involved in the performance of the Contract, as controller within the meaning of the Applicable Regulation for the purpose of managing the contractual relations between the Parties and for the duration of the Contract. These processing are carried out for the execution of the Contract and only identification data (in particular surname, first name, email address, telephone number) are processed by the Parties.

Personal data are retained during the duration strictly necessary for the purposes of managing the business relationship between Parties. The staff of the Party controller of the processing, its control services (notably auditor) and its processors could have access to personal data.

The processing may result in the exercise by each Party’s contact person of their rights under the Applicable Regulation.

Processing of personal data by Byzantine as a processor

The purpose of this clause is to define the conditions under which Byzantine undertakes to carry out, on User’s behalf, the personal data processing operations defined below.

As part of the Services, Byzantine processes personal data in the name and on behalf of the User as a data processor, while the User acts as a data controller within the meaning of the Applicable Regulation. The characteristics of the processing are described in Appendix 2 of this document.

Byzantine's obligations with respect to the User:

• Data processing: Byzantine undertakes to process the personal data only for the purposes listed in Appendix 2 and in accordance with the User’s documented instructions, including with regard to transfers of data outside the European Union. Where Byzantine considers that an instruction infringes the Applicable Regulation, he shall immediately inform the User thereof. Byzantine reserves the right to suspend processing until the User modifies the instruction in question so that it no longer violates the Applicable Regulation, without incurring any contractual liability as a result of such suspension. This suspension shall not give rise to any refund of the price of the Services for the period of suspension. If the User does not modify but maintains the instruction in question, Byzantine reserves the right to terminate the Services immediately and without charge. Moreover, if Byzantine shall process personal data and transfer them to a third country or an international organization, according to the applicable legislation of this Services, he shall inform the User of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
• Security and data confidentiality: Byzantine undertakes to implement the appropriate technical and organisational measures to ensure the security and integrity of personal data, their backup and the restoration of their availability in the event of a physical or technical incident. Byzantine ensures that the persons authorized to process the personal data hereunder have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
• Sub-processors: Byzantine is authorized to recruit the entities (hereinafter "the Sub-Processor") listed in Appendix 2 to carry out processing activities. Byzantine shall inform the User, in writing beforehand, of any intended changes concerning the addition or replacement of Sub-Processors as listed. This information must clearly indicate which processing activities are concerned, the name and contact details of the Sub-Processor. The User has a period of fifteen (15) calendar days from the date of receipt of this information to submit its legitimate and justifiable objections. In the absence of notification of objections after this period, the User shall be deemed to have authorized the use of the relevant Sub-Processor. In the event of User's continuing objections, the Parties shall meet in good faith and use their best efforts to discuss a resolution. Byzantine may choose to (i) not hire the Sub-Processor or (ii) take the corrective action requested by the User in connection with the objections before hiring the Sub-Processor. If neither option is reasonably possible, and if Byzantine cannot for legitimate reasons hire another processor for the intended processing, either Party may terminate this Services upon a thirty (30) days' notice.
  
  The Sub-Processor shall comply with the obligations hereunder on behalf of and in accordance with the User’s instructions. Byzantine shall ensure that the Sub-Processor provides the same sufficient warranties regarding the implementation of appropriate technical and organisational measures so that the processing meets the requirements of the Applicable Regulation. If the Sub-Processor fails to fulfil its data protection obligations, Byzantine remains fully liable to the User for the Sub-Processor’s performance of its obligations.
• Transfer of personal data outside the European Union: Byzantine is authorized to transfer personal data processed as part of this Services to countries located outside the European Union, if appropriate safeguards have been implemented as defined under Chapter V of GDPR.
• Assistance and provision of information: Byzantine undertakes to assist the User and to respond without undue delay to any request for information sent by the User, whether in the context of a request for the exercise of their rights by data subjects, a privacy impact assessment, or a request made by a supervisory authority or the User's data protection officer.
• Exercise of data subject’s Rights: Insofar as this is possible, Byzantine shall assist the User in fulfilling its obligation to respond to requests made to Byzantine by data subjects to exercise their rights under the Applicable Regulation. Where requests are made directly to Byzantine, Byzantine shall (i) promptly send such requests to the User by e-mail to the address provided by the User, and (ii) acknowledge receipt of requests, informing the data subjects that their requests have been transferred to the User, as the data controller.
• Notification of personal data breach: Byzantine shall notify the User of any personal data breach relating to the processing operations covered by this Services, without undue delay after becoming aware of it and to provide the User with all relevant information and documentation relating to such personal data breach.
• Fate of the data: Byzantine undertakes, at the User's election, to delete the personal data at the end of the Services or to return it to the User and not to keep a copy of it, unless required by the Applicable Regulation. The User has one (1) month from the end of the Services to exercise this choice. After this period, Byzantine shall delete all personal data.
• Subsequent use of personal data by Byzantine: The User hereby authorizes Byzantine to process the personal data collected within the framework of the services (in particular the session and navigation data) for the purpose of improving Byzantine's services, and in particular for the realization of statistics on the way Byzantine’s solution is used by the users. Byzantine will act as a data controller within the meaning of the Applicable Regulation and will respect the legal provisions of the aforesaid regulation.
• Documentation: Byzantine shall make available to the User, at the User's request, all information and documents necessary to demonstrate compliance with its obligations and allow for audits. The User may carry out audits once a year, at its own expense to verify Byzantine's compliance with the obligations set forth in this article. The User will inform Byzantine of the audit at least two (2) weeks before. Byzantine may refuse the identity of the auditor if it belongs to a competing company. The audit shall be conducted during work hours and with the least possible disturbance for Byzantine’s activity. The audit shall not threaten (i) technical and organizational security measures implemented by Byzantine, (ii) security and confidentiality of data of Byzantine’s other customers, (iii) the proper functioning and organization of Byzantine. When possible, Parties will agree beforehand on the scope of the audit. The audit report will be sent to Byzantine as so to submit comments, which will be attached to the final version of the audit report. Each audit report will be considered as a confidential information.

User's obligations with respect to Byzantine:

• To provide Byzantine with the personal data mentioned in Appendix 2, except any improper, disproportionate or unnecessary personal data, and except any “particular” personal data within the meaning of the Applicable Regulation, except if the processing activities justify it. In this case, the User will have to document these justifications and to take all measures, notably of prior information, to collect appropriate consent and appropriate security measures, appropriate for such particular data;
• To collect under its liability, lawfully, fairly and in a transparent manner the personal data provided to Byzantine, for the performance of its services, and in particular, to ensure the lawfulness of processing and the information due to data subjects;
• To maintain a record of processing activities carried out and more generally, comply with the principles of the Applicable Regulation;
• To ensure, before and throughout the processing, compliance with the obligations set out in the Applicable Regulation.

19.    Force majeure

Byzantine shall not be liable for any failure or delay in the performance of its contractual obligations due to force majeure occurring during the term of its relationship with the User as defined in article 1218 of the French Civil Code.

If Byzantine is prevented from fulfilling its obligations due to force majeure, it must inform the User by registered letter with acknowledgement of receipt. Obligations will be suspended on receipt of the letter and must be resumed within a reasonable time once the force majeure has ceased.

Byzantine nevertheless remains bound by the performance of obligations not affected by force majeure.

20.    End of Services

The User may end their use of the Services directly and free of charge, via the dedicated function on the Interface.

Termination is effective immediately and will be realized as soon as possible.

The User no longer has access to their Account once the Services have ended.

Byzantine may delete any Account if it has remained inactive and without active deposit for a continuous period of more than 24 months.

21.    Sanctions in the event of breach

The following are material obligations to the User (the "Material Obligations"):

• Payment of the commission,
• Not to provide Byzantine with incorrect or incomplete information,
• To comply with usual rules of politeness and courtesy in dealings with Byzantine,
• Not to use the Services for a third party,
• Not to engage in any illegal or fraudulent activities or activities that infringe on the rights or safety of third parties, undermine public order or violate applicable laws and regulations,

In the event of a breach of any of these Material Obligations, Byzantine may:

• Suspend or terminate the User’s access to the Services,
• Publish on the Interface any information message Byzantine deems useful,
• Notify any competent authority, cooperate with it and provide it with any information that may be useful in investigating and punishing illegal or illicit activities,
• Take any legal action.

These sanctions are without prejudice to any damages that Byzantine may claim from the User.

In the event of a breach of any obligation other than a Material Obligation, Byzantine will request the User by any useful written means to remedy the breach within a maximum period of 15 calendar days. Services will be terminated at the end of this period if the breach is not remedied.

Termination of Services entails deletion of the User's Account.

22.    Modification of Terms and Conditions

Modified Terms and Conditions are applicable as soon as they come into force.

If the User does not accept these modifications, they are free to withdraw their assets and end their use of the Services in accordance with article "End of Services".

If the User uses the Services after the entry into force of the modified Terms and Conditions, Byzantine considers that the User has accepted them.

23.    Language

In the event of contradiction or dispute as to the meaning of any term or provision, the English language shall prevail.

24.    Mediation

In the event of a dispute between the User (if they are a consumer) and Byzantine, the User may have recourse free of charge to the following consumer mediator for an amicable settlement:

• Centre de médiation de la consommation de conciliateurs de justice (CM2C)
• Postal address: 14 rue Saint Jean 75017 Paris
• Phone: +33 6 09 20 48 86
• Website: https://www.cm2c.net

If the User is a foreign consumer located in the European Union, they can go to the European consumer law dispute resolution Interface accessible here.

25.    Applicable law and jurisdiction

The Terms and Conditions are governed by French law.

In the event of a dispute between the User, if he is a consumer, and Byzantine, and in the absence of an amicable Services within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), except in the event of mandatory provisions to the contrary.

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Appendix 1: Withdrawal form

Please complete and return this form only if you wish to withdraw from the Services.

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For the attention of Byzantine:

Address: 120 rue Jean Jaures, 92300, Levallois-Perret

Email address: info@byzantine.fi

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I hereby notify you of my withdrawal from the contract for the Services: ________________

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Registration on the Byzantine Interface on _______________ (date).

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User name: ___________________

User address: __________________

User signature: __________________

(only in case of notification of this form on paper)

Date : __________________

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Appendix 2: Personal Data

1.    Description of the processing of personal data carried out by the Provider on behalf of the User

• Purpose(s) of the processing: Delivery of Services.
• Nature of the processing: Collection, recording, organization, structuring, storage, adaptation or modification, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• Categories of personal data: Identification data, connection data, bank account information.
• Categories of data subjects: User’s data.
• Duration of the processing: Duration of the Services

2.    List of the Sub-Processor(s) authorized

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1.    Byzantine’s information

Byzantine Finance is a simplified joint stock company registered with the Trade and Companies Register of Nanterre under number 929 169 217 whose premises are located 120 Rue Jean Jaures, 92300, Levallois-Perret (“Byzantine”).

Byzantine is a financial technology company, not a bank or a digital asset custodian. Byzantine does not hold any balance on behalf of its customers and does not pay interest on digital asset balances.

Byzantine can be contacted under info@byzantine.fi.

2.    Byzantine’s Services

Byzantine offers to its users (the "Users") a decentralized digital credit product (the "Services") via the platform accessible at: https://app.byzantine.fi/ (the "Platform").

The Services are limited to providing technological access and interfaces with third-party protocols and partners. Byzantine does not provide investment advice, portfolio management, custody of digital assets, or any guarantee of performance. Users remain solely responsible for their investment choices and the risks associated with the use of digital assets and decentralized finance protocols.

3.    Information regarding the Terms and Conditions

Function of the Terms and Conditions

The general terms and conditions (the "Terms and Conditions") constitute the sole document governing Byzantine's contractual relationship with the User and define:

• The terms of use of the Services,
• The respective obligations of the parties.

Location of the Terms and Conditions

The User can find them via a direct link at the bottom of the Platform page as well as Byzantine's website: https://www.byzantine.fi/ (the "Website").

Acceptance of the Terms and Conditions

The User accepts the Terms and Conditions by ticking a box on the registration form.  If the User does not accept all Terms and Conditions, they cannot access the Services.

The Terms and Conditions may be supplemented by special conditions which, in the event of contradiction, shall prevail over the Terms and Conditions.

4.    Conditions of access to Services

(i) The User is:

• A natural person with full legal capacity
• Or a legal entity acting through a natural person with the power or authority required to enter into a contract in the User's name and on their behalf.

(ii) The User is:

• A consumer, understood as any natural person who acts for purposes that do not fall within the scope of their professional activity,
• Or a professional, understood as any natural person or legal entity acting for purposes within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.

5.    Subscription and access to Services

The User can access the Services by going directly to the Platform. To access the Services the User must fill in the form on the Platform and complete the mandatory KYC/KYB/AML process or be registered on one of the third-party websites listed on the Platform and use the login details of the selected third-party website. The User expressly authorizes Byzantine to access their account data on the relevant third-party website for the sole purpose of providing the Services.

The User must provide Byzantine with all information marked as mandatory, warrant that such information is accurate, complete and up to date, and immediately inform Byzantine of any change. In particular, the User undertakes not to provide any false, misleading, incomplete or fraudulent information. Failure to comply with these obligations may result in suspension or termination of the Services.

Registration automatically opens an account in the User's name (the "Account") enabling the User to access the Services using their login and password. The User is solely responsible for maintaining the confidentiality and security of their login credentials and for all activities carried out through their Account.

6.    Description of the Services

Services

Before subscribing, the User acknowledges that they can find out about the characteristics of the Services and their constraints, including technical, legal, and financial constraints, and the risks inherent in the use of digital assets, in particular the risk of partial or total loss of the invested assets, in particularly technical constraints, on the Platform.  

The User acknowledges that the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which Byzantine is not responsible.

The Services to which the User has subscribed are described on the Platform.

In particular, the User have access to a decentralized digital credit product:

• Decentralized: the investment vehicle is a smart contract vault, i.e., a strategy executed automatically for the User.
• Digital: based on digital assets. The investment is made in stablecoins rather than traditional fiat currencies. Stablecoins are digital assets backed 1:1 by euros or dollars, so they always correspond to the value of fiat currencies.
• Credit: investments are made through recognized lending and borrowing protocols such as Morpho, Aave, Maker, and Compound.

Specifically, the Platform allows Users to select the product in which they wish to invest, finalize their investment, and initiate a withdrawal of their assets at any time.

Byzantine does not guarantee the performance, profitability, value conservation or liquidity of any investment made via the Platform. The User remains solely responsible for their investment decisions and acknowledges that past performance of the protocols mentioned is not indicative of future results.

Byzantine reserves the right to offer any other Service.

Additional Services

• Maintenance

For the duration of the Services, the User benefits from maintenance, in particular corrective and ongoing maintenance. In this context, access to the Platform may be limited or suspended.

Byzantine makes every effort to provide the User with corrective maintenance to correct any malfunction or bug found on the Platform.

The User also benefits from ongoing maintenance, which Byzantine may carry out automatically and without prior notice, and which includes improvements to the Platform's functionalities, the addition of new functionalities and/or technical installations used within the framework of the Platform (aiming to introduce minor or major extensions).

Updates are made for the duration of these Services.

The User must agree to install any necessary updates so that the Services remain compliant, i.e. so that the Services can continue to be used in accordance with what has been agreed between the parties and what the User expected when subscribing

Access to the Platform may also be limited or suspended for planned maintenance purposes, which may include the corrective and ongoing maintenance operations referred to above.

• Hosting

Byzantine uses its best efforts to host the Platform, as well as the data entered on the Platform, on its servers or via a professional hosting service provider, and on servers located in a territory of the European Union.

• Technical support

In the event of any difficulty encountered while using our Services, the User may contact Byzantine using contact details provided in article "Byzantine’s information".

Technical support service is available from Monday to Friday, excluding public holidays, from 8 am to 6 pm. Depending on the need identified, Byzantine will estimate the response time and inform the User accordingly.

7.    Duration of the Services

The User subscribes to the Services for an indefinite period.

Byzantine may terminate the Services at any time with thirty (30) days’ prior written notice. The User may unsubscribe at any time in accordance with Article “End of Services.”

8.    Financial terms

Investment via the Platform

Via the Platform, the User can:

• Select the product in which they wish to invest,
• Invest via their own wallets or via a wallet created for them with the Partner Custodian on the platform, optionally directly from their bank account (Byzantine offers integrated on-ramp and off-ramp conversion services through a conversion partner—converting fiat currencies into stablecoins and vice versa).

Below is an illustration of the on-ramping process.

• Initiate withdrawal of their assets at any time, subject to the technical and liquidity constraints of the underlying protocols and partners.

Byzantine never holds User investment. Byzantine is solely a technical service provider—we develop the interface and connect partners' systems.

The User acknowledges that their investment does not constitute a transfer of money to Byzantine, but rather a transfer of digital assets to the Byzantine Prime smart contract vault, over which Byzantine has no operational control.

Byzantine does not define the investment strategy but collaborates with Keyrock Asset Management, who acts as strategy manager and is regulated by the AMF.

The User expressly acknowledges and accepts that: (i) investments in digital assets carry significant risks, including the risk of partial or total loss of invested assets; (ii) past performance of the referenced protocols is not indicative of future performance; and (iii) Byzantine does not provide financial advice, investment recommendations or guarantees of return, value conservation or liquidity.

Price of Services

Byzantine receives a commission on the User's returns on investments made through the Services. The exact figure is clearly indicated on the Platform.

If an exchange rate is applied, exchange charges applicable on the date of payment of the price shall be borne by the User. Where applicable, the User is solely responsible for the payment of all bank charges relating to the payment of prices, with the exception of Byzantine's bank charges.

Byzantine’s prices may be revised at any time under the conditions of the article "Modification of the Terms and Conditions”.

The commission shall remain due even in the event of negative performance or loss of part or all of the invested capital, and Byzantine shall not be required to refund any amount already collected.

The User expressly acknowledges that the commission will directly be deducted from the returns generated through the Platform before any distribution to the User.

9.    Risks and No Guarantee of Investment Performance

The User expressly acknowledges and accepts that investments in digital assets are highly speculative and involve significant risks, including but not limited to partial or total loss of the invested capital, high volatility, liquidity constraints, protocol or smart contract failures, cyber-attacks, and regulatory changes. Byzantine provides no guarantee as to the preservation of capital, achievement of expected returns, or liquidity of the assets. Past performance of third-party protocols or strategies is not indicative of future results. The User remains solely responsible for all investment decisions taken through the Platform and must ensure that they have the necessary knowledge and risk tolerance before subscribing to the Services.

10.    Right of withdrawal

The User as a consumer has a right of withdrawal.

If the User is a professional, the User has a right of withdrawal if they (i) are a professional with 5 or fewer employees, (ii) are purchasing a good or service that does not fall within their main field of activity (i.e. does not directly or remotely relate to the Services) and (iii) have concluded the Services "off-premises", i.e.:

• In a place, other from Byzantine’s premises, where Byzantine’s personnel and the User were physically present together and at the same time,
• At the User's premises or by means of a remote communication technique, immediately after Byzantine has personally and individually approached the User (i) at a location other than Byzantine's premises and (ii) where Byzantine and the User were physically present together at the same time (e.g. meeting at the User's premises or at a trade fair, delivery of a quotation on this occasion, followed by signature by the User at Byzantine's premises (by hand or online subscription)),
• During an excursion organised by Byzantine to promote the Services.

This right of withdrawal is valid for 14 calendar days from acceptance of the Terms and Conditions. The User can exercise this right free of charge by sending to Byzantine before the end of this period to the address mentioned in article "Byzantine’s informations":

• The completed withdrawal form available in Appendix 1, or
• Any other unambiguous statement expressing the User's wish to withdraw.

If the User requests that the Services begin prior to the expiry of the withdrawal period, by ticking the appropriate box on the form, they will only be liable for the price of the Services calculated on a pro rata basis for the Services provided up to the date on which Byzantine was informed of the User's wish to withdraw.

11.    Legal warranty of conformity

Consumers are entitled to invoke the legal guarantee of conformity if a lack of conformity appears during the contractual relationship between the parties. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

The legal warranty of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or service for the duration of the contractual relationship between the parties.

The legal warranty of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.

The consumer may obtain a reduction in price by keeping the digital content or service, or he may terminate the contract by obtaining a full refund in exchange for renouncing the digital content or service, if :

• The professional refuses to bring the digital content or service into compliance,
• The compliance of the digital content or service is unjustifiably delayed,
• The digital content or service cannot be brought into conformity without incurring costs for the consumer,
• Bringing the digital content or service into conformity causes major inconvenience to the consumer,
• The non-conformity of the digital content or service persists despite the professional's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to justify an immediate reduction in price or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.

In cases where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for payment of a price.

Any period during which the digital content or digital service is unavailable for the purpose of restoring conformity suspends the warranty that remained in force until the digital content or digital service was supplied in conformity again.

These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).

Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the User to a price reduction if the digital content or service is retained, or to a full refund in exchange for relinquishing the digital content or service.

12.    Intellectual property rights

The Platform is Byzantine’s property, as are Byzantine’s software, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.). They are protected by all intellectual property rights or database producers' rights in force. The license granted to the User does not entail any transfer of ownership.

The User is granted a non-exclusive, personal and non-transferable license to use the Platform in SaaS mode for the duration specified in the article "Duration of the Services".

13.    Commercial references

The parties may use their respective names, brands, and logos, and refer to their respective platforms, as commercial references, for the duration of their contractual relationship and 3 years thereafter.

14.    User's obligations and liability

Concerning the provision of information

The User undertakes to provide Byzantine with all the information required to subscribe to and use the Services, , warrants that such information is complete, accurate and up to date, and undertakes to promptly inform Byzantine of any changes. The User shall not provide any false, misleading, incomplete or fraudulent information.

Concerning the User's Account

The User:

• Guarantees that the information provided in the form is accurate and undertakes to keep it up to date,
• Acknowledges that this information is proof of their identity and is binding as soon as it is validated,
• Is responsible for maintaining the confidentiality and security of their login and password. Any access to the Platform using their login and password is deemed to have been made by the User.

The User must immediately contact Byzantine using the contact details provided in article "Byzantine’s informations" if they find that their Account has been used without their knowledge. The User acknowledges that Byzantine shall have the right to take all appropriate measures in such a case, including suspension or termination of access to the Services..

Concerning the use of the Services

The User is responsible for their use of the Services and for any information they share in this context. The User agrees to use the Services personally and not to allow any third party to use them in their place or on their behalf.

The User undertakes not to use the Services for purposes other than those for which they were designed, and in particular to:

• Engage in any illegal or fraudulent activity,
• Undermine public order and morality,
• Infringe the rights of third parties in any way whatsoever,
• Violate any contractual, legislative or regulatory provision,
• Engage in any activity likely to interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,
• Promote their services and/or websites or those of a third party,
• Assist or incite a third party to commit one or more of the acts or activities listed above.

The User also refrains from:

• Copying, modifying or misappropriating any element belonging to Byzantine or any concepts it exploits within the framework of the Services,
• Engaging in any behavior likely to interfere with or hijack Byzantine’s computer systems or undermine its computer security measures,
• Infringing Byzantine’s financial, commercial or moral rights and interests,
• Marketing, transferring or otherwise giving access in any way whatsoever to the Services, to information hosted on the Platform or to any element belonging to Byzantine.

The User acknowledges that the use of digital assets and decentralized protocols involves specific risks (volatility, smart contract failures, hacking, liquidity risks) and undertakes to bear these risks without recourse against Byzantine.

The User shall indemnify Byzantine against any claim and/or action that may be brought against it as a result of the breach of any of the User's obligations. The User shall indemnify Byzantine for any loss suffered and reimburse Byzantine for any sums it may have to bear as a result.

15.    Byzantine’s obligations and liability

Byzantine undertakes to provide the Services with diligence, it being specified that it is bound by a best-effort obligation.

Concerning the quality of the Services

Byzantine uses its best effort to provide the User with quality Services.

To this end, Byzantine carries out regular checks to check the operation and accessibility of its Services and may carry out maintenance under the conditions specified in article "Maintenance".

However, Byzantine shall not be held liable for temporary difficulties or impossibilities in accessing its Services resulting from:

• Circumstances external to its network (including but not limited to partial or total failure of the User's servers),
• Failure of equipment, cabling, services or networks not included in its Services or not under its responsibility,
• Interruption of Services by telecom operators or Internet service providers,
• Intervention by the User, including but not limited to incorrect configuration of the Services,
• Force majeure.

Byzantine is responsible for the operation of its servers, the outer limits of which are constituted by the connection points.

Furthermore, Byzantine does not guarantee that the Services:

• As they are subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults,
• As they are standard and in no way tailored to the User's personal requirements, will specifically meet the User’s needs and expectations,
• Will ensure the performance, profitability, conservation of value or liquidity of any investment made by the User through the Platform.

Concerning the Platform service level guarantee

Byzantine offers no guarantee of the Platform's level of service.

However, Byzantine makes every effort to maintain 24/7 access to the Platform, except in the event of scheduled maintenance under the conditions defined in article "Maintenance" or in the event of force majeure.

Concerning the backup of data on the Platform

Byzantine shall use its best efforts to safeguard all data entered on the Platform.

However, except in the case of proven negligence on the part of Byzantine, it is not liable for any loss of data during maintenance operations.

Concerning data storage and security

Byzantine provides sufficient storage capacity for the operation of the Services.

Byzantine makes its best efforts to ensure data security by implementing measures to protect infrastructures and the Platform, to detect and prevent malicious acts and to recover data.

Concerning subcontracting and assignments

Byzantine may use subcontractors to carry out the Services, and these subcontractors are subject to the same obligations as Byzantine. Nevertheless, Byzantine remains solely responsible to the User for the proper performance of the Services.

Byzantine may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the User. In such a case, Byzantine will inform the User of this substitution by any written means.

16.    Limitation of Byzantine’s liability

Byzantine’s liability is limited solely to proven direct damages suffered by the User as a result of using the Services.

Byzantine shall not be liable for any indirect, consequential or immaterial damages, including but not limited to financial losses, loss of opportunity, loss of profit, loss of clientele, loss of data, reputational damage, or damages resulting from fluctuations in the value of digital assets, failure of third-party protocols, smart contract malfunctions, or cyber-attacks beyond Byzantine’s reasonable control.

With the exception of bodily injury, death and gross negligence, and subject to having made a claim by registered letter with acknowledgement of receipt, within a period of one month following the occurrence of the damage, Byzantine’s liability shall not exceed the commission received by Byzantine for the provision of its Services if the User is a professional.

17.    Admissible modes of proof

Proof may be established by any means.

The User is hereby informed that messages exchanged via the Platform as well as data collected on the Platform and Byzantine’s computer equipment constitute the main accepted mode of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.

18.    Personal data processing

General provisions

As part of their contractual relations, each Party shall undertake to comply with the applicable regulations on personal data processing and, in particular, the General Data Protection Regulation (regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016) and to the French Data Protection Act of 6 January 1978 (hereinafter referred together as the “Applicable Regulation”).

Each Party processes personal data of contact person of the other Party involved in the performance of the Contract, as controller within the meaning of the Applicable Regulation for the purpose of managing the contractual relations between the Parties and for the duration of the Contract. These processing are carried out for the execution of the Contract and only identification data (in particular surname, first name, email address, telephone number) are processed by the Parties.

Personal data are retained during the duration strictly necessary for the purposes of managing the business relationship between Parties. The staff of the Party controller of the processing, its control services (notably auditor) and its processors could have access to personal data.

The processing may result in the exercise by each Party’s contact person of their rights under the Applicable Regulation.

Processing of personal data by Byzantine as a processor

The purpose of this clause is to define the conditions under which Byzantine undertakes to carry out, on User’s behalf, the personal data processing operations defined below.

As part of the Services, Byzantine processes personal data in the name and on behalf of the User as a data processor, while the User acts as a data controller within the meaning of the Applicable Regulation. The characteristics of the processing are described in Appendix 2 of this document.

Byzantine's obligations with respect to the User:

• Data processing: Byzantine undertakes to process the personal data only for the purposes listed in Appendix 2 and in accordance with the User’s documented instructions, including with regard to transfers of data outside the European Union. Where Byzantine considers that an instruction infringes the Applicable Regulation, he shall immediately inform the User thereof. Byzantine reserves the right to suspend processing until the User modifies the instruction in question so that it no longer violates the Applicable Regulation, without incurring any contractual liability as a result of such suspension. This suspension shall not give rise to any refund of the price of the Services for the period of suspension. If the User does not modify but maintains the instruction in question, Byzantine reserves the right to terminate the Services immediately and without charge. Moreover, if Byzantine shall process personal data and transfer them to a third country or an international organization, according to the applicable legislation of this Services, he shall inform the User of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
• Security and data confidentiality: Byzantine undertakes to implement the appropriate technical and organisational measures to ensure the security and integrity of personal data, their backup and the restoration of their availability in the event of a physical or technical incident. Byzantine ensures that the persons authorized to process the personal data hereunder have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. ‍
• Sub-processors: Byzantine is authorized to recruit the entities (hereinafter "the Sub-Processor") listed in Appendix 2 to carry out processing activities. Byzantine shall inform the User, in writing beforehand, of any intended changes concerning the addition or replacement of Sub-Processors as listed. This information must clearly indicate which processing activities are concerned, the name and contact details of the Sub-Processor. The User has a period of fifteen (15) calendar days from the date of receipt of this information to submit its legitimate and justifiable objections. In the absence of notification of objections after this period, the User shall be deemed to have authorized the use of the relevant Sub-Processor. In the event of User's continuing objections, the Parties shall meet in good faith and use their best efforts to discuss a resolution. Byzantine may choose to (i) not hire the Sub-Processor or (ii) take the corrective action requested by the User in connection with the objections before hiring the Sub-Processor. If neither option is reasonably possible, and if Byzantine cannot for legitimate reasons hire another processor for the intended processing, either Party may terminate this Services upon a thirty (30) days' notice.
  
  The Sub-Processor shall comply with the obligations hereunder on behalf of and in accordance with the User’s instructions. Byzantine shall ensure that the Sub-Processor provides the same sufficient warranties regarding the implementation of appropriate technical and organisational measures so that the processing meets the requirements of the Applicable Regulation. If the Sub-Processor fails to fulfil its data protection obligations, Byzantine remains fully liable to the User for the Sub-Processor’s performance of its obligations.
• Transfer of personal data outside the European Union: Byzantine is authorized to transfer personal data processed as part of this Services to countries located outside the European Union, if appropriate safeguards have been implemented as defined under Chapter V of GDPR.‍
• Assistance and provision of information: Byzantine undertakes to assist the User and to respond without undue delay to any request for information sent by the User, whether in the context of a request for the exercise of their rights by data subjects, a privacy impact assessment, or a request made by a supervisory authority or the User's data protection officer.
• Exercise of data subject’s Rights: Insofar as this is possible, Byzantine shall assist the User in fulfilling its obligation to respond to requests made to Byzantine by data subjects to exercise their rights under the Applicable Regulation. Where requests are made directly to Byzantine, Byzantine shall (i) promptly send such requests to the User by e-mail to the address provided by the User, and (ii) acknowledge receipt of requests, informing the data subjects that their requests have been transferred to the User, as the data controller.‍
• Notification of personal data breach: Byzantine shall notify the User of any personal data breach relating to the processing operations covered by this Services, without undue delay after becoming aware of it and to provide the User with all relevant information and documentation relating to such personal data breach.
• Fate of the data: Byzantine undertakes, at the User's election, to delete the personal data at the end of the Services or to return it to the User and not to keep a copy of it, unless required by the Applicable Regulation. The User has one (1) month from the end of the Services to exercise this choice. After this period, Byzantine shall delete all personal data.
• Subsequent use of personal data by Byzantine: The User hereby authorizes Byzantine to process the personal data collected within the framework of the services (in particular the session and navigation data) for the purpose of improving Byzantine's services, and in particular for the realization of statistics on the way Byzantine’s solution is used by the users. Byzantine will act as a data controller within the meaning of the Applicable Regulation and will respect the legal provisions of the aforesaid regulation.
• Documentation: Byzantine shall make available to the User, at the User's request, all information and documents necessary to demonstrate compliance with its obligations and allow for audits. The User may carry out audits once a year, at its own expense to verify Byzantine's compliance with the obligations set forth in this article. The User will inform Byzantine of the audit at least two (2) weeks before. Byzantine may refuse the identity of the auditor if it belongs to a competing company. The audit shall be conducted during work hours and with the least possible disturbance for Byzantine’s activity. The audit shall not threaten (i) technical and organizational security measures implemented by Byzantine, (ii) security and confidentiality of data of Byzantine’s other customers, (iii) the proper functioning and organization of Byzantine. When possible, Parties will agree beforehand on the scope of the audit. The audit report will be sent to Byzantine as so to submit comments, which will be attached to the final version of the audit report. Each audit report will be considered as a confidential information.

User's obligations with respect to Byzantine:

• To provide Byzantine with the personal data mentioned in Appendix 2, except any improper, disproportionate or unnecessary personal data, and except any “particular” personal data within the meaning of the Applicable Regulation, except if the processing activities justify it. In this case, the User will have to document these justifications and to take all measures, notably of prior information, to collect appropriate consent and appropriate security measures, appropriate for such particular data;
• To collect under its liability, lawfully, fairly and in a transparent manner the personal data provided to Byzantine, for the performance of its services, and in particular, to ensure the lawfulness of processing and the information due to data subjects;
• To maintain a record of processing activities carried out and more generally, comply with the principles of the Applicable Regulation;
• To ensure, before and throughout the processing, compliance with the obligations set out in the Applicable Regulation.

19.    Force majeure

Byzantine shall not be liable for any failure or delay in the performance of its contractual obligations due to force majeure occurring during the term of its relationship with the User as defined in article 1218 of the French Civil Code.

If Byzantine is prevented from fulfilling its obligations due to force majeure, it must inform the User by registered letter with acknowledgement of receipt. Obligations will be suspended on receipt of the letter and must be resumed within a reasonable time once the force majeure has ceased.

Byzantine nevertheless remains bound by the performance of obligations not affected by force majeure.

20.    End of Services

The User may end their use of the Services directly and free of charge, via the dedicated function on the Platform.

Termination is effective immediately and will be realized as soon as possible.

The User no longer has access to their Account once the Services have ended.

Byzantine may delete any Account if it has remained inactive and without active deposit for a continuous period of more than 24 months.

21.    Sanctions in the event of breach

The following are material obligations to the User (the "Material Obligations"):

• Payment of the commission,
• Not to provide Byzantine with incorrect or incomplete information,
• To comply with usual rules of politeness and courtesy in dealings with Byzantine,
• Not to use the Services for a third party,
• Not to engage in any illegal or fraudulent activities or activities that infringe on the rights or safety of third parties, undermine public order or violate applicable laws and regulations,
• To complete and update KYC/AML information as required and to comply with all applicable anti-money laundering and counter-terrorism financing regulations.

In the event of a breach of any of these Material Obligations, Byzantine may:

• Suspend or terminate the User’s access to the Services,
• Publish on the Platform any information message Byzantine deems useful,
• Notify any competent authority, cooperate with it and provide it with any information that may be useful in investigating and punishing illegal or illicit activities,
• Take any legal action.

These sanctions are without prejudice to any damages that Byzantine may claim from the User.

In the event of a breach of any obligation other than a Material Obligation, Byzantine will request the User by any useful written means to remedy the breach within a maximum period of 15 calendar days. Services will be terminated at the end of this period if the breach is not remedied.

Termination of Services entails deletion of the User's Account.

22.    Modification of Terms and Conditions

Modified Terms and Conditions are applicable as soon as they come into force.

If the User does not accept these modifications, they are free to withdraw their assets and end their use of the Services in accordance with article "End of Services".

If the User uses the Services after the entry into force of the modified Terms and Conditions, Byzantine considers that the User has accepted them.

23.    Language

In the event of contradiction or dispute as to the meaning of any term or provision, the English language shall prevail.

24.    Mediation

In the event of a dispute between the User (if they are a consumer) and Byzantine, the User may have recourse free of charge to the following consumer mediator for an amicable settlement:

• Centre de médiation de la consommation de conciliateurs de justice (CM2C)
• Postal address: 14 rue Saint Jean 75017 Paris
• Phone: +33 6 09 20 48 86
• Website: https://www.cm2c.net

If the User is a foreign consumer located in the European Union, they can go to the European consumer law dispute resolution platform accessible here.

25.    Applicable law and jurisdiction

The Terms and Conditions are governed by French law.

In the event of a dispute between the User, if he is a consumer, and Byzantine, and in the absence of an amicable Services within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), except in the event of mandatory provisions to the contrary.

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Appendix 1: Withdrawal form

Please complete and return this form only if you wish to withdraw from the Services.

‍

For the attention of Byzantine:

Address: 120 rue Jean Jaures, 92300, Levallois-Perret

Email address: info@byzantine.fi

‍

I hereby notify you of my withdrawal from the contract for the Services: ________________

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Registration on the Byzantine platform on _______________ (date).

‍

User name: ___________________

User address: __________________

User signature: __________________

(only in case of notification of this form on paper)

Date : __________________

Appendix 2: Personal Data

1.    Description of the processing of personal data carried out by the Provider on behalf of the User

• Purpose(s) of the  processing: Delivery of Services.
• Nature of the processing: Collection, recording, organization, structuring,  storage, adaptation or modification, retrieval, consultation, use, disclosure  by transmission, dissemination or otherwise making available, alignment or  combination, restriction, erasure or destruction.

• Categories of personal data: Identification data, connexion data, bank account information.

• Categories of data subjects: User’s  data.

• Duration of the processing: Duration  of the Services

2.    List of the Sub-Processor(s) authorized