Electronic Money Account Agreement for Individuals

This Electronic Money Account Agreement comes into force on April 2, 2024, and cancels and replaces from that date all previous versions having the same object which were binding on the Parties. The previous version can be consulted at the following address: https://www.lydia-app.com/en/lydia-e-money-account-agreement-for-individuals-02-04-2024/.

For the purposes and interpretation of this Electronic Money Account Agreement, words and expressions beginning with a capital letter shall, notwithstanding any definition thereof in any other document, have the meanings ascribed to them below, whether used in the singular or in the plural:

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

"Beneficiary" means any natural person or legal entity identified by the Customer by means of a telephone number, e-mail address and/or IBAN ("International Bank Account Number").

"Main Customer" means a Customer who has created a Shared Account.

"Electronic Money Account" means the electronic money account opened in the books of Lydia Solutions in the name of the Customer and subject to the terms and conditions set forth in this Electronic Money Account Agreement.

"Shared Account" means an Electronic Money Account which is shared at the Customer's request and under their responsibility, in accordance with the terms and conditions described in this Electronic Money Account Agreement and the Shared accounts terms of service, between several Customers, namely the Customer holding the Shared Account and one (or more) Participant(s).

“Electronic Money Account Agreement” means this document.

"Personalised security data" means any personalised data defined, as the case may be, by the Customer or by Lydia Solutions for Authentication purposes (e.g. identifier, password, confidential code, TouchID, FaceID, Samsung biometry, etc.).

"SEPA Area" refers to all the countries listed by the European Central Bank on its website.

“Electronic Money" means monetary value that is stored in an electronic form, including magnetic form, representing a claim on Lydia Solutions, as issuer of electronic money and that is issued without delay against the remittance of funds and for the purpose of payment transactions. The electronic money units are referred to as units of value, each constituting a claim embedded in a security. Each electronic money unit is issued without delay against the remittance of funds. They can only be issued for a nominal value equal to that of the funds collected in return. They are redeemed at the face value of the electronic money units.

"Participant" means the Customer or any natural person who funds a Wallet in the form of contributions.

"Entitled Participant" means a Participant who has received and accepted a power of attorney from the Main Customer, authorizing him to access and use the Wallet for which he has received power of attorney.

"Wallet(s)" means the account attached to the Electronic Money Account on which the Customer's funds have been converted into Electronic Money units and are stored, as well as any sub-account(s) created by the Customer in accordance with the terms and limits set forth in this Electronic Money Account Agreement.

"Payment Initiation Service Provider" means a payment service provider authorised to provide a payment initiation service, i.e. a payment service consisting of initiating a payment order at the Customer's request from or to the Electronic Money Account of the Customer.

"Video Selfie" means a video recording made by the Customer using a compatible terminal with a video/camera function in order to carry out the identity verification.

"Additional Services" means services additional to the basic services attached to the Electronic Money Account and which the Customer may benefit from depending on the nature of the services provided by Lydia Solutions.

"Verified User" refers to the status acquired by the Customer once they have completed the identity verification process.

"Transfer" means any Internal Transfer and any SEPA Transfer.

"Internal Transfer" refers to a means of transferring Electronic Money between the Electronic Money Account of a Beneficiary and that of the Customer, at the latter's request and subject to acceptance by the Beneficiary.

"SEPA Transfer" refers to a means of transaction payment whereby Lydia Solutions, on the Customer's instruction and, where applicable, in accordance with the terms and conditions set out in this Electronic Money Account Agreement, a sum of money from the Customer's account to another account opened in the books of a payment service provider established within the SEPA Area.

For all intents and purposes, capitalized terms used in the singular or plural and not defined in this article shall retain the meaning ascribed to them in the General Terms and Conditions, bearing in mind that in the event of any contradiction between the terms defined in the General Terms and Conditions and those of this Electronic Money Account Agreement, the terms of the latter shall prevail.

This Electronic Money Account Agreement constitutes a framework agreement applicable to the issuance and management of Electronic Money in accordance with the provisions of article L. 315-5 of the French Monetary and Financial Code, and governs the conditions under which Lydia Solutions¹ issues, manages and makes available to the Customer an Electronic Money Account. The Electronic Money Account opened hereunder is intended to record the payment transactions of the Customer, a natural person of legal age, relating solely to their private life, excepted any payment transaction for professional purposes.

This Electronic Money Account Agreement forms an integral part of the General Terms and Conditions. As such, the Customer acknowledges and agrees that all the provisions and definitions of the General Terms and Conditions and of the Pricing and Limits Annex apply to this Electronic Money Account Agreement. 

1 - General characteristics

The Electronic Money Account is an electronic money account opened in the books of Lydia Solutions, acting as an electronic money institution. The Customer acknowledges and agrees that the Electronic Money Account is governed by article R. 561-6-1 of the French Monetary and Financial Code.

The Electronic Money Account is an individual account, as Lydia Solutions does not allow the opening of joint account. However, the Customer holding the Electronic Money Account may appoint Participants to manage the Electronic Money Account.

The Electronic Money Account enables the Customer to receive funds for their benefit and/or to make a transfer of funds to a Beneficiary. 

The Customer acknowledges and agrees that, in application of the General Terms and Conditions, the closure of his Personal Account entails the closure of the Electronic Money Account and the termination of this Electronic Money Account Agreement.

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

2 - Relations with Lydia Solutions

The nature and terms of provision of services related to the Electronic Money Account may vary depending on the contractual relationship between the Customer and Lydia Solutions. 

3 - Strong Authentication

In accordance with applicable regulations, Lydia Solutions applies Strong Authentication measures when the Customer :

Lydia Solutions reserves the right to waive the obligation to apply Strong Authentication measures in cases expressly covered by the applicable regulations and in particular the technical regulatory standards concerning authentication and communication.

4 - Power of attorney

The Customer may give power of attorney to a third party agent to operate their Electronic Money Account, as they may do themselves. However, only the Customer may close their Electronic Money Account or denounce these General Terms and Conditions.

The authorised representative shall not be banned from banking or the courts. Transactions initiated by the authorised representative are binding on the Customer as if they had been carried out by the authorised representative. 

Lydia Solutions reserves the right to accept, refuse or withdraw the power of attorney. 

The power of attorney remains valid until revoked by the Customer or his authorised representative. The power of attorney shall also cease to have effect in the event of the death of the Customer or the authorised representative. Lydia Solutions shall be informed as soon as possible of any revocation of a power of attorney. The Customer remains responsible for any transactions carried out by the authorised representative following the revocation of the power of attorney until Lydia Solutions has been notified of the revocation. 

The power of attorney does not entitle the proxy holder to any remuneration.

5 - Electronic Money Account balance

The Electronic Money is issued by Lydia Solutions in exchange for the remittance of funds in euros (€) by the Customer. It can only be issued for a nominal value equal to that of the funds collected in return.

Therefore, the balance of the Electronic Money Account must always be in credit and the Customer must ensure that the balance of his Electronic Money Account is sufficient before executing any operation.

In the event that the balance on the Electronic Money Account is insufficient to execute a Internal Transfer, such transaction will be, in whole or in part, rejected by Lydia Solutions. Charges, as detailed in the Fees and Limits Annex, may apply. If the situation is not remedied within a reasonable period of time, the Customer agrees that Lydia Solutions can debit the payment instrument registered in the Mobile Application by the amount necessary to ensure that the balance is no longer in debit.

6 - Protection of funds

The Customer is informed that the funds credited to his Electronic Money Account are protected under the conditions set out in Article L. 526-32 of the French Monetary and Financial Code and are, in accordance with applicable regulations, either held in a segregated account with a credit institution established in the EEA* or may be invested from time to time in eligible short-term money market funds. They are thus protected against any recourse by other creditors of Lydia Solutions, including in the event of enforcement proceedings or insolvency proceedings against Lydia Solutions.

*In the event of the institution's bankruptcy, deposits are covered by the Fonds de Garantie des Dépôts et de Résolution fund (FGDR) up to €100,000 per financial institution and per Customer.

1 - Online access to the Electronic Money Account

The Electronic Money Account and associated services are accessible online via the Mobile Application and are subject to Strong Authentication. The Customer acknowledges and agrees that any login to the Mobile Application by entering their login details and password constitutes writing within the meaning of article 1365 of the French Civil Code.

It is specified that this entry is used in particular to constitute proof of the Customer's consent. If the Customer has forgotten their password, changed their telephone number (linked to their Electronic Money Account) and/or blocked their Electronic Money Account due to too many unsuccessful attempts to enter their password (three incorrect entries), they must follow one of the recovery paths that will be offered to them in order to regain access to their Electronic Money Account.

2 - Verification of the Customer's identity

The Customer acknowledges and agrees that verification of the Customer's identity is necessary under the conditions set out in article R. 561-14-1-1 of the French Monetary and Financial Code.

If the Customer fails to verify his identity as soon as possible, their Electronic Money Account will be blocked. The Customer will no longer be able to make new transfers of funds to the Beneficiary or receive new transfers of funds from other Customers. 

The Electronic Money Account will then be closed as soon as possible and the Customer acknowledges and agrees that the reimbursement of the Electronic Money will be made by Lydia Solutions by SEPA Transfer to a bank, payment or electronic money account, opened with a payment service provider established in a member state of the EU or in a state party to the EEA and of which the Customer is the holder or one of the holders. 

The reimbursement will be made at the nominal value of the Electronic Money units.

3 - Identification data

As part of the implementation of the qualified signature identification measures, the Customer undertakes to provide accurate identification data. The Customer acknowledges that in case of transmission of erroneous data, Lydia Solutions reserves the right to reject the identity verification. If the data used to identify the Customer changes, Lydia Solutions reserves the right to initiate a new qualified signature procedure.

1 - Credit transactions

The Electronic Money Account can be loaded in the following ways:

In order to receive funds on his Electronic Money Account, the Customer shall ensure that he has a valid Electronic Money Account (not blocked or closed).

2 - Debit operation

Subject to a sufficient balance, the Customer may benefit from the following payment transactions debited from the Electronic Money Account:

The Customer undertakes to honour any payment order made with his Electronic Money Account.

In order to send funds from their Electronic Money Account, Customers shall ensure that they have a valid Electronic Money Account (not blocked or closed).

The Customer shall ensure that the Beneficiary's telephone number, e-mail address and IBAN are valid and correct.

In the case of an Internal Transfer initiated by the Customer, in the absence of acceptance of the General Terms and Conditions by the Beneficiary within seven (7) days, the funds transfer order is automatically cancelled on the eighth (8) day. The amount of the order will then be automatically credited to the Customer's Electronic Money Account.

3 - Compensation

It is agreed between the Parties that the reciprocal, liquid and due debts of Lydia Solutions and the Customer resulting from the execution of the Electronic Money Account Agreement, shall be offset by debiting and crediting the Electronic Money Account within the limit of the available balance. In the absence of sufficient funds in the Electronic Money Account, Lydia Solutions reserves the right to debit the payment instrument registered in the Mobile Application. In the event that an amount remains due by the Customer after compensation, this debt remains payable.

4 - Reversal

Unless otherwise stipulated, any debit or credit to the Electronic Money Account, which is automatic, is not final and cannot be deemed as acceptance by Lydia Solutions, which the Customer acknowledges and agrees upon.

Consequently, the Customer hereby authorises Lydia Solutions to reverse any transaction credited in error to his Electronic Money Account.

Before any transfer of funds to a Beneficiary, the Customer shall first top up the Electronic Money Account with Electronic Money. 

The Electronic Money Account can be loaded with Electronic Money via a means accepted by Lydia Solutions.

The Customer may obtain partial or total reimbursement of unused Electronic Money at any time and free of charge. The refund is made at the face value of the units of value of the Electronic Money. 

Requests for refunds should be made to Lydia Solutions as follows:

Statements of account for the Customer's Electronic Money Account are made available to the Customer on a Durable medium via the Mobile Application or by request to customer service. 

At any time during the contractual relationship and at the Customer's request, account statements may be sent to the Customer free of charge on paper. 

In January of each year, along with their account statement, Customers will also receive an annual statement of charges downloadable on a Durable Medium via the Mobile Application or by request to customer service. This statement of charges will list all the charges levied for managing the Electronic Money Account in respect of the previous calendar year including without limitation: annual account management fee, card fee, subscription to a service package, transfers, withdrawals, stop payments, etc. 

Customers are advised to keep their account statements for a minimum of five (5) years.

1 - Consent and revocation of a payment order

For the execution of a top-up or reimbursement transaction or Internal Transfer, the Customer shall give his consent, which is materialised by compliance with the Authentication procedures communicated by Lydia Solutions in the event of initiation of a payment transaction from the Mobile Application. 

In the absence of consent, the top-up operation or series of operations is deemed to be unauthorised.

The Customer may not revoke a top-up or refund or Internal Transfer order once it has been received by Lydia Solutions. The order then becomes irrevocable.

2 - Consent to the use of data required to carry out Electronic Money transactions

In accordance with article L. 521-5 of the French Monetary and Financial Code, the Customer consents, by agreeing on these terms and conditions, to allow Lydia Solutions to access, process and store any information that the Customer has provided to Lydia Solutions for the purpose of executing Electronic Money transactions. These provisions and this consent do not affect the respective rights and obligations of Lydia Solutions and the Customer with respect to data protection. The Customer may withdraw this consent by closing his Electronic Money Account. If Customer withdraws its consent in this way, Lydia Solutions will cease to use such data for the purpose of providing services related to Electronic Money. However, Lydia Solutions may continue to process such data for other legitimate purposes and reasons, including its legal obligations.

The period within which Lydia Solutions must execute a payment order shall run from the time of receipt of the payment order in the manner and according to the means of communication provided for herein.

It is agreed between the Customer and Lydia Solutions that the time of receipt shall be, in particular, the Business Day on which all information necessary for the execution of the payment order has been received by Lydia Solutions.

Where the Customer and Lydia Solutions agree that the execution of the payment order will commence on a particular day or at the end of a specified period or on the day on which the payer has made the funds available to Lydia Solutions, the time of receipt shall be deemed to be the agreed day (subject again to all necessary information having been transmitted). 

If the time of receipt is not a Business Day, the payment order is deemed to have been received on the next Business Day. 

Deadlines for accepting payment orders may apply depending on the payment transaction concerned.

Lydia Solutions may refuse to execute a payment order given by the Customer. In this case, Lydia Solutions will notify its refusal to the Customer by any means at the latest by the end of the first Business Day following the moment of receipt of the payment order. The notification will be accompanied, if possible, by the reasons for the refusal except in the case of a prohibition under another relevant provision of EU or national law. Where the refusal is justified by a material error, Lydia Solutions will, if possible, indicate to the Customer the procedure to be followed to correct such error.

If the refusal is objectively justified, Lydia Solutions may charge a fee for sending the aforementioned refusal notification.

A refused payment order is deemed not to have been received.

The services provided hereunder shall be invoiced by Lydia Solutions in accordance with the Fees and Limits Annex. All fees payable by the Customer shall be automatically deducted from the Customer's Electronic Money Account.

The Customer authorises Lydia Solutions to set off at any time, including after the closure of the Electronic Money Account, any certain, liquid and due debt that may remain outstanding on any grounds whatsoever. Lydia Solutions may set off the provision of the Electronic Money Account against any amount due, payable and unpaid by the Customer to Lydia Solutions.

In January of each year, a specific document summarising all the charges levied by Lydia Solutions during the previous calendar year in respect of the provision of the Electronic Money services provided for herein will be sent to the Customer on a durable medium.

1 - Turnaround time

The Wallet used by the Customer is debited as soon as Lydia Solutions accepts the funds transfer order.

2 - Provision of funds

Lydia Solutions will make the amount of the payment transaction of which the Customer is Beneficiary available to him immediately after his own account has been credited. 

3 - Value date

The value date of a payment transaction is the date on which the transaction is recorded on the Electronic Money Account at the time it is executed. 

As soon as the Customer becomes aware of a payment transaction that they were not authorised or of an error in the processing of a payment transaction, they must notify Lydia Solutions without delay. This notification must be made to Lydia Solutions in the following manner:

No dispute may be lodged after a period of thirteen (13) months from the date on which the payment transaction was debited to the Customer's Electronic Money Account or from the date on which the payment transaction should have been executed, on pain of foreclosure.

These principles apply regardless of whether a Payment Initiation Service Provider is involved in the payment transaction.

Lydia Solutions shall not be liable in the event of force majeure or where Lydia Solutions is bound by other EU or French legal or regulatory obligations.

1 - Liability for incorrectly executed payment transactions

Lydia Solutions is liable for the improper execution of payment transactions made from/to the Customer's Electronic Money Account. However, this liability shall not apply if Lydia Solutions is able to justify :

Lydia Solutions shall not be liable for duly executed payment transactions in the event of an error by the Customer in the Beneficiary's contact details (email, phone number or address) or identity.

Lydia Solutions shall also not be liable if, as a result of the Customer's communication of non-existent or erroneous bank details, a payment transaction could not be executed or was executed in favour of a person other than the Beneficiary desired by the Customer, Lydia Solutions being under no obligation to verify that the account to be credited is actually held by the Beneficiary designated by the Customer. 

In the event of an incorrectly executed transaction due to the Customer providing incorrect bank details or information: 

- Lydia Solutions will do its best effort to recover the funds concerned; 

- If Lydia Solutions is unable to recover the funds incurred, Lydia Solutions will make available to the Customer, at the Customer's request, any information in Lydia Solutions' possession which may assist the Customer in taking legal action to recover the funds;

- Collection fees may be charged to the Customer by Lydia Solutions.

If Lydia Solutions is responsible for the non-execution or defective execution of a payment transaction, Lydia Solutions will reimburse the Customer for the costs and debit interest incurred as a result of the non-execution or defective execution of the payment transaction by Lydia Solutions and, unless otherwise instructed by the Customer and provided that the transaction concerned has been reported by the Customer without delay, and at the latest within the thirteen (13) month period mentioned above under penalty of foreclosure, Lydia Solutions will, as the case may be:

In any event, Lydia Solutions will reimburse the Customer for all fees incurred by the Customer in application of the present Agreement as a result of the non-execution or poor execution of the payment transaction attributable to Lydia Solutions.

Whether Lydia Solutions is responsible or not, Lydia Solutions will use its best efforts to trace any unperformed or improperly performed transactions and will notify the Customer of the results of its search. 

By virtue of legal and regulatory provisions, Lydia Solutions may have to carry out verifications, including the implementation of Strong authentication measures, or request authorisations before executing a payment transaction. In this case, Lydia Solutions shall not be liable for any delay or non-execution of such payment transaction.

All of the above stipulations also apply in the event that the payment transaction is not executed or is executed incorrectly due to a Payment Initiation Service Provider.

2 - Liability for unauthorised payment transactions

In the event that the Customer disputes having authorised a payment transaction, it is Lydia Solutions' responsibility to prove by any means that the transaction has been authenticated, duly recorded and accounted for and that it has not been affected by a technical or other deficiency. 

In the event that the transaction has been initiated through a Payment Initiation Service Provider at the Customer's request, the Payment Initiation Service Provider is responsible for proving that the payment order has been received by Lydia Solutions and that, as far as it is concerned, the payment transaction was authenticated and duly recorded and correctly executed, that it was not affected by any technical or other deficiency in connection with either the service it provides or the non-execution, poor execution or late execution of the transaction.

In the event of an unauthorised payment transaction reported without delay by the Customer, and at the latest within the period of thirteen (13) months referred to above under penalty of foreclosure, Lydia Solutions will (i) reimburse the Customer for the amount of the unauthorised transaction immediately upon becoming aware of or being informed of the transaction and, in any event no later than the end of the next Business Day, and (ii) restore the Electronic Money Account to the state it would have been in had the payment transaction not been executed, unless Lydia Solutions has good reason to suspect fraud by the Customer. In this case, Lydia Solutions will inform the Banque de France. 

In any event, the Customer acknowledges and agrees that Lydia Solutions Banque may nevertheless reverse the debit of the Electronic Money Account for the amount of a refund made insofar as Lydia Solutions is able to provide evidence of fraud or gross negligence on the part of the Customer.

All of the above provisions also apply if the unauthorised payment transaction was initiated via a Payment Initiation Service Provider.

In the event of unauthorised payment transactions carried out using a payment instrument with Personalised Security Data that has been lost or stolen, the Customer will bear the losses incurred before making the notification for the purpose of blocking the payment instrument, up to a maximum of fifty (50) euros. 

The Customer shall not be held liable if the unauthorised payment transaction was carried out without using the Personalised Security Data or by misappropriating the payment instrument or related data without the Customer's knowledge.

Nor shall the Customer be liable in the event of loss or theft of the payment instrument which cannot be detected by the Customer prior to payment, loss due to the acts or omissions of an employee or agent of Lydia Solutions or of an entity to which its activities have been outsourced or where the payment instrument has been counterfeited and, in the latter case, the payment instrument issued by Lydia Solutions is still in its possession.

In all cases, unauthorised payment transactions are not refunded if the Customer :

After having informed Lydia Solutions in order to block the payment instrument, the Customer shall not bear any financial consequences resulting from the use of this payment instrument or from the misuse of the data linked to it, unless he has acted fraudulently.

1 - Safety measures

Payment instruments issued by Lydia Solutions shall be kept with the utmost care by the Customer. 

Upon receipt of a payment instrument, the Customer shall take all reasonable steps to safeguard the use of its Personalised Security Data. These obligations apply in particular to confidential codes and to any procedure for securing payment orders agreed between the Customer and Lydia Solutions. The Customer shall use the payment instruments issued to them by Lydia Solutions in accordance with the conditions governing their issue and use. 

Any communication of Personalised Security Data to a third party shall constitute gross negligence on the part of the Customer. 

To request the unblocking of their Electronic Money Account, Customers may contact customer service at the following e-mail address: support@lydia-app.com.

In the event of loss, theft, misappropriation or unauthorised use of his instrument or the data linked to it, the Customer shall inform Lydia Solutions without delay, for the purpose of blocking the instrument or means of payment. This notification shall be made to Lydia Solutions in the following manner:

In the event of notification of the loss, theft or misappropriation of a payment instrument, the Customer may then obtain from Lydia Solutions, on request and within eighteen (18) months of the notification made, the information enabling him to prove that he has indeed made this notification.

2 - Operating incidents

All transactions requiring special treatment, in particular when they result in an irregularity or an operating incident on the Electronic Money Account, are subject to specific charges as indicated in the Tariffs and Limits Annex applicable to products and services. 

No fees or interest will be charged where the malfunction is the result of an error, omission or fault attributable to Lydia Solutions.

Lydia Solutions reserves the right to block any payment instrument, for objectively justified reasons relating in particular to the security of the payment instrument, the suspicion of unauthorised or fraudulent use of the payment instrument or the significantly increased risk that the Customer will be unable to meet his payment obligation.

In such cases, Lydia Solutions will inform the Customer of the blocking of the payment instrument and the reasons for such blocking by e-mail, which the Customer hereby accepts, unless giving such information is not feasible for objectively justified security reasons or is prohibited under other relevant EU or national legislation.

1 - Outgoing SEPA Transfers

The Customer may give payment orders for transfers in euros from his Electronic Money Account to a payment account opened in the books of another SEPA payment service provider.

The Customer may only issue SEPA Transfers denominated in euro within the SEPA Area. Other transfers such as (i) transfers in a currency other than the euro, and/or (ii) transfers in euros outside the SEPA Area, are not permitted.  

Transfer orders must be initiated via the Mobile Application, indicating (i) the Beneficiary's account details, (ii) the amount of the transfer and (iii) the reason for the transfer. 

2 - Incoming SEPA Transfers

The time of receipt by Lydia Solutions of a SEPA Transfer order is :

Notwithstanding the foregoing, the Customer hereby authorises Lydia Solutions to reverse any Transfer wrongly or erroneously credited to his Electronic Money Account, in particular any Transfer subject to a request for the return of funds from the transfer originator's service provider, and/or in the event of proven fraud. In all cases, Lydia Solutions will inform the Customer by any means. The Customer is also informed that in the absence of regularisation, Lydia Solutions may communicate to the payment service provider of the originator of the Transfer and/or at the latter's request all useful information to recover unduly received funds. 

1- Shared Account

A Customer may benefit from the Shared Account service and have others benefit from it by giving a Participant power of attorney to act on Wallet they are the Main Customer of. To benefit from the Shared Account service alongside the Main Customer, the Participant receiving the power of attorney must accept it. Is the Customer's responsibility to consult the Shared Account Terms of Service prior to any power of attorney given to a Participant, depending on the service they have subscribed to via the Mobile Application, in order to be aware of the rights attached to the Shared Account as well as the consequences concerning the use of the latter. 

In this respect, the Customer is informed that (i) they must agree to Shared Account Terms of Service, and that (ii) use of the Shared Account service is subject to thresholds specified in the Pricing and Limits Annex, which the Customer undertakes to consult periodically.

2- Additional Wallet creation

The Customer may create one or more additional Wallet(s) with optional URLs (Uniform Resource Locator, i.e.: address of a website or hypertext page on the Internet) in order to organize their money and/or solicit other Participants.

The creation of a Wallet is free of charge. However, fees and limits may apply to payment transactions in accordance with the Fees and Limits Annex. A contribution cannot be cancelled.

The Customer shall designate the purpose of the Wallet, which must be lawful, moral, ethical and private.

Wallets that appeal to the public's generosity and, in particular, make it possible to finance a cause or a social, associative or entrepreneurial project through donations are strictly forbidden. Any person noticing that the purpose of a Wallet is contrary to the regulations in force or to the General Conditions is invited to contact Lydia Solutions customer support without delay.

In particular, Lydia Solutions reserves the right to delete or block access to any Wallet whose purpose it deems to be illicit, immoral or contrary to good morals, as well as any collection on which there is a suspicion of money laundering or terrorist financing. Lydia Solutions reserves the right to take legal action against the Customer and/or Participants to defend its rights and interests.

The Customer remains solely liable for the content and purpose of the collection and may not pass on responsibility for it to any third party. The Customer pledges to the Participants to use all funds collected on the Wallet strictly in accordance with the purpose defined by the Customer. In the event of a breach of this personal obligation by the Customer, the Participants will take direct action against the Customer and will in no way be able to hold Lydia Solutions and the Partners liable insofar as they are third parties to any existing relationship between the Participants and the Customer.

In order to participate, Participants shall: (i) have been invited to participate and have the URL link, (ii) use their available balance on one of their Wallet (if they are a Customer) or use a payment instrument accepted by Lydia Solutions.

An online page can be generated and updated for each Wallet by the Customer. Once shared, the online page allows anyone with its URL address to contribute, thus becoming a Participant.

The Wallet's Main Customer and entitled Participants can decide what information is presented on the online page.

The Customer may freely define the period during which Participants may contribute. The Customer may terminate a Wallet early at any time.

Lydia Solutions is not involved in any dispute between a Customer or Participant and a third-party organizer.

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

In this context, the Customer expressly authorises the lifting of professional secrecy with regard to :

The Customer also declares that they are not or is not assimilated to a "US Person", i.e. that they are not a US taxpayer within the meaning of the US tax authorities and the FATCA Act of 18 March 2010 (Foreign Account Tax Compliance Act).

The following are defined as "US Person": citizens of the United States or any person who is presumed to be a citizen of the United States if he or she holds a US passport or was born in the United States, even if such place of birth appears on a passport of another country, provided that renunciation of US citizenship cannot be shown, and even if the person also holds another nationality or has his or her residence in another country; residents of the United States, regardless of their nationality, i.e. (i) anyone who is deemed a tax resident of the United States under the terms of US federal law, (ii) anyone who requests to be treated as a tax resident of the United States, or (iii) anyone who is deemed a tax resident under the terms of the law of that US state; holders of a permanent residence card (green card) in the United States; persons whose principal residence or business address is in the United States; persons whose principal mailing address is in the United States. 

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

The Customer shall have and retain full legal capacity throughout the term of this Electronic Money Account Agreement. The Customer also declares that they are not subject to any legal or judicial prohibition during the term of this Electronic Money Account Agreement.

The Customer declares that all information provided to Lydia Solutions is and will remain accurate throughout the duration of this Electronic Money Account Agreement. The Customer also undertakes to respond to any request to update such information made directly by Lydia Solutions or Partners. Lydia Solutions shall not be liable for the consequences of any failure to update such information. 

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

Lydia Solutions also reminds the Customer that his Personal Account and Electronic Money Account are strictly personal. It is strictly forbidden to lend or dispose of them. Any assignment, leasing, lending or transfer of an account to a third party is strictly prohibited and will result in the termination of this Electronic Money Account Agreement as well as the withdrawal of the Customer's access to all services offered by Lydia Solutions, without prior notice.

The Customer is informed that Lydia Solutions, in its capacity as a payment service provider, is subject to compliance with (i) the regulations applicable to the fight against money laundering and the financing of terrorism, and (ii) international sanctions and asset freezing measures. In this context, Lydia Solutions must in particular apply vigilance measures with regard to the Customer, its beneficial owners, its agents and all the transactions they carry out. 

Thus, before entering into a business relationship, and throughout the duration of the business relationship, Lydia Solutions may ask the Customer or his authorised representative to provide it with any information that Lydia Solutions deems useful for compliance with the said regulations. 

In accordance with applicable regulations, Lydia Solutions reserves the right to suspend, not execute a transaction or terminate this Electronic Money Account Agreement in particular in the event that (i) the Customer or its Agent fails to provide the information necessary to comply with such regulations or (ii) the Customer and, where applicable, the Agent, or the country or territory in which it is located or established, becomes subject to economic or financial sanctions, trade embargoes or similar measures taken, promulgated or implemented by the United Nations, the United States of America, the United Kingdom, the European Union, France or any EU member state or any other sanction recognised by Lydia Solutions or, (iii) the Customer or its Agent fails to provide the information necessary to comply with such regulations, or put in place by the United Nations, the United States of America, the United Kingdom, the European Union, France or any member state of the EU or any other sanction recognised by Lydia Solutions or, (iii) a Personal Account or an Electronic Money Account is used in a manner that would constitute a violation of the sanctions referred to in (ii), including without limitation any payment, whether direct or indirect, to or for the benefit of or received from a person subject directly or indirectly to such sanctions or located in a country or territory under extended sanctions. In this context, Lydia Solutions may also be required to make any declaration to the competent authorities in accordance with the terms of the regulations in force. 

As part of its obligations to combat money laundering and terrorist financing, Lydia Solutions and its Partners are required to apply additional due diligence measures in respect of PEPs, which are subject to specific regulations due to the particular risks they and/or their close relations run in terms of financial support for terrorism, attempted corruption or the circulation of money of fraudulent origin for money laundering purposes. In view of this heightened risk, Lydia Solutions and its Partners are subject, in addition to the due diligence measures applicable to all customers, to enhanced checks and additional due diligence measures at the start of the business relationship and during the performance of the service.

Lydia Solutions points out that a PEP is defined under Article L. 561-10 of the French Monetary and Financial Code as: "(...) a person who is exposed to particular risks by virtue of the political, jurisdictional or administrative functions that he or she performs or has performed or by virtue of the functions that are or have been performed by direct members of his or her family or by persons known to be closely associated with him or her or who become closely associated with him or her in the course of a business relationship".

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

1 - Contacts

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

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

2 - Handling complaints

Lydia Solutions undertakes to acknowledge receipt of the complaint within ten (10) Business Days and to provide a response to the Customer within two (2) months, save in exceptional cases.

In the event of a complaint relating to Electronic Money services, Lydia Solutions undertakes to provide a response to the Customer within a maximum of fifteen (15) Business Days following receipt of the complaint. In exceptional situations, if a response cannot be given within fifteen (15) Business Days for reasons beyond Lydia Solutions' control, Lydia Solutions undertakes to send the Customer a holding response clearly stating the additional time required to respond to the complaint and specifying the final date on which the Customer will receive a definitive response. In any event, a final response will be communicated to the Customer no later than thirty-five (35) Business Days following receipt of the complaint.

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

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

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

You can contact the AFEPAME Ombudsman:

The AFEPAME Ombudsman's website can be accessed at https://mediateur-consommation-afepame.fr/. Any dispute arising from an online sales or service contract may also be submitted electronically via the European Online Dispute Resolution (ODR) platform on the following website: https://webgate.ec.europa. eu/odr/.

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

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

An Electronic Money Account is deemed inactive within the meaning of the applicable regulations under the following conditions:

When an Electronic Money Account is deemed to be inactive, Lydia Solutions will inform the Customer, the person authorised by the Customer or, where applicable, the Customer's successors known to Lydia Solutions, by any means at its disposal, and will inform them of the consequences thereof. Where applicable, this information is renewed annually until the measures for depositing the assets with the Caisse des dépôts et consignations are implemented. 

The Customer will be informed by any means six (6) months before the effective closure of the Electronic Money Account. Assets held in inactive Electronic Money Accounts must be deposited with the Caisse des dépôts et consignations :

If no request for restitution is made to the Caisse des Dépôts et Consignations, the sums are definitively acquired by the French State on expiry of a period of :

1 - Seizure of property and attachment for safekeeping

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

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

2 - Administrative seizure by third parties

This procedure is used by the French Treasury to recover taxes, penalties and ancillary charges. It has the effect of blocking the balance available on the Customer's Electronic Money Account under the same conditions as those described above. 

On expiry of a period of thirty (30) days (unless a different period is specifically provided for), Lydia Solutions is obliged to pay the sum claimed to the Treasury, unless the Treasury releases the claim. 

Lydia Solutions will leave at the Customer's disposal, under the conditions and according to the procedures defined by law, and within the limit of the credit balance of the Electronic Money Account on the day of the seizure, a sum of maintenance of an amount fixed by law. 

Proceedings initiated by the creditor, and with which Lydia Solutions is required by law to comply, give rise to the collection of a flat-rate fee debited to the Electronic Money Account. The amount of these fees is detailed in the Fees and Limits Annex and may not exceed the available balance on the Electronic Money Account. Lydia Solutions automatically deducts these fees when sending the funds to the seizing creditor.

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

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

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

If the Customer decides to exercise its right of withdrawal before the services hereunder have been provided to the Customer, this Electronic Money Account Agreement shall be terminated without any fees and/or costs being due. If the Customer decides to exercise its right of withdrawal after services have already been provided by Lydia Solutions to the Customer, this Electronic Money Account Agreement shall be terminated and: (i) Lydia Solutions will refund to the Customer as soon as possible and at the latest within thirty (30) days all sums received pursuant to this Electronic Money Account Agreement, with the exception of sums corresponding to the service actually provided prior to withdrawal and (ii) the Customer will be obliged to return to Lydia Solutions as soon as possible and at the latest within thirty (30) days any sums received by the Customer from Lydia Solutions.

Lydia Solutions reserves the right to amend this Electronic Money Account Agreement, including the pricing terms, at any time. 

Any amendment to this Electronic Money Account Agreement will be communicated to the Customer on a durable medium by email and on its website at least two (2) months before the date on which the proposed amendments come into force. 

If the Customer does not agree to the proposed changes, they may terminate this Electronic Money Account Agreement free of charge before the date on which the changes come into force, in accordance with the conditions set out in article 29 of this Electronic Money Account Agreement. 

If the Customer does not contest the modifications before the date on which they come into force, this shall be deemed to constitute acceptance of the modifications by the Customer. 

On the other hand, any legislative or regulatory measure, such as any interpretation of a legal or regulatory rule by a competent authority, which would have the effect of modifying all or part of this Electronic Money Account Agreement, will be applicable as soon as it comes into force.

1 - Duration

This Electronic Money Account Agreement is entered into for an indefinite period. 

2 - Termination at the Customer's initiative

The Customer may at any time and without reason :

All requests for cancellation must be made : 

Any request for termination will take immediate effect on the date of receipt by Lydia Solutions and, in the event of closure of the Electronic Money Account, any credit balance will be returned to the Customer at the end of a maximum period of thirty (30) calendar days by bank transfer to an account opened in the Customer's name, the details of which will have been communicated (including the transmission of a valid RIB in the termination request). 

If the Electronic Money Account is closed, the Customer must ensure that a sufficient balance is maintained on his Electronic Money Account for the period of thirty (30) calendar days to ensure the execution of payment transactions still in progress. 

The Customer shall remain liable to Lydia Solutions in the event of a debit balance and shall reimburse Lydia Solutions for any amount paid by Lydia Solutions on behalf of the Customer even after the termination of this Electronic Money Account Agreement and the expiry of the thirty (30) day period.

3 - Termination at Lydia Solutions’ initiative

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

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

Lydia Solutions will not be required to observe any notice period in the event of serious misconduct by the Customer (including insults or threats made by the Customer or his agent against a Lydia Solutions employee or in the event of any of the Customer's actions listed in the List of prohibited activities when using Lydia Solutions services), or in the event of any legal proceedings of any kind against the Customer, or in the event of any abnormal operation of the Electronic Money Account.

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

The closure of an Electronic Money Account is irrevocable and prevents the Customer from opening another Electronic Money Account for a fixed period or permanently in the event of a breach of this Electronic Money Account Agreement, suspected fraud and/or a legally reprehensible act.

4 - Other case of termination: death

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

Where applicable, the rules applicable to inactive accounts as set out in article 25 of this Electronic Money Account Agreement shall apply.

The Customer and Lydia Solutions agree that the computer recordings in Lydia Solutions' possession, or their reproduction on any other medium of the transactions carried out, are authentic between the Customer and Lydia Solutions, unless the Customer provides proof to the contrary. 

If the Customer disputes a payment transaction, it is Lydia Solutions' responsibility to prove that the payment transaction was authenticated, duly recorded and accounted for and that it was not affected by a technical or other deficiency. 

Furthermore, Lydia Solutions will be entitled, in the same way as the Customer, to provide proof by any means of any legal act or fact, even beyond the legal limit referred to in Article 1359 of the Civil Code; Lydia Solutions may in particular prove any act or fact by means of its recordings made in strict compliance with the law and in particular with the provisions relating to professional secrecy, whether these recordings are computer, telephone, telematic, video, electronic mail or writings, faxes or any other commonly accepted method of proof. The Customer accepts that Lydia Solutions may validly correspond with him via the aforementioned means of communication.