Terms and Conditions
General Terms and Conditions of Use of Electronic Money Token EURØP
1. Introducing Schuman Financial
These general terms and conditions for the use of electronic money EURØP electronic money (hereinafter referred to as the “General Terms and Conditions”) govern all relations between :
- On the one hand, Salvus SAS, a simplified joint stock company incorporated under the laws of France with the registered number 920 017 134 at the Registry of Commerce and Companies of Paris and its registered office at 9 rue du quatre septembre in Paris (75002), authorised to carry on business as an electronic money institution approved by the Autorité de Contrôle Prudentiel et Résolution (ACPR) under articles L.526-1 et seq. of the Monetary and Financial Code, and under the register number 739803 hereinafter referred to as “Schuman” the “Issuer”; and
- On the other hand, any natural or legal person who uses electronic money issued by the Issuer, hereinafter referred to as “the Holder”,
Together hereinafter referred to as “the Parties”.
2. Purpose of the General Terms and Conditions
The purpose of the General Terms and Conditions is to describe the terms and conditions of use and redemption from the Issuer of EURØP electronic money (hereinafter the “Electronic Money”) between Schuman and the Holder.
Together with our EURØP White Paper, Privacy Policy, Cookie Policy, and any other terms and conditions referred to in these General Terms and Conditions and any Schuman Financial documentation available on the Schuman website (the “Website”).
They express all the obligations and rights of the Parties.
The Holder acknowledges and agrees to be bound by each of these individual terms, agreements and policies.
The Holder is advised to print or download and keep a copy of these General Terms and Conditions for future reference. They may also request to receive these General Terms and Conditions by email at support@schuman.io.
These General Terms and Conditions and all communications are provided in English. Any translations are for convenience only. The English version of these General Terms and Conditions governs your use of the services and takes precedence over any translated versions.
3. Definitions
In these Electronic Money General Terms and Conditions, the terms and expressions identified by a capital letter have the meaning indicated below, whether they are used in the singular or in the plural:
Wallet Terms & Conditions: refers to the general conditions of use of the Wallet concluded between the User and the Wallet provider, governing in particular interactions with the Wallet provider and the validation of Transactions.
Merchant: refers to a third-party professional who accepts, on their website or at their point of sale, to be paid by Schuman on behalf of the Holder requesting a refund of the Electronic Money.
Holder: refers to any legal entity represented by a person with the rights to represent it and to bind it, or any natural person of legal age and capacity acting on its behalf for non-business purposes and having subscribed to these General Terms and Conditions.
Crypto-asset Trading Platform: refers to any exchange or platform that independently chooses to make the EURØP available to its users without any contractual agreement with the Issuer.
Personal Data: means any information relating to an identified or identifiable natural person as the Holder, as defined in Article 4(1) of the General Data Protection Regulation (EU) 2016/679 (“GDPR”). This includes any information by which a Holder can be identified, directly or indirectly,by reference to an identifier or to one or more factors specific to him or her.
KYC: refers to the legal obligations relating to the knowledge of the Holder resulting from articles L.561-5 and L.561-5-1 of the French Monetary and Financial Code corresponding to the following obligations: identification and verification of the identity of the Holder and, where applicable, of the beneficial owner of the business relationship, as well as knowledge of the purpose and nature of the business relationship and any other relevant information. The verifications and controls carried out upon entering into a relationship with Holders and, where applicable, during the course of the business relationship are adapted by the Issuer or the Crypto-asset Trading Platform depending on whether the Holder is a natural person or a legal entity. These checks and controls thus take account of the status of the Holder to determine the nature and extent of the information to be collected to identify and verify the identity of the Holder and, where applicable, its beneficial owner.
Applicable laws on the protection of personal data: refers to (i) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (“GDPR”), (ii) the updated Law n°78-17 known as the Data Protection Act of 6 January 1978, and (iii) any other subsequent applicable legislation that may supplement and/or replace the aforementioned texts.
Electronic Money: refers to stablecoin EURØP, a monetary value stored in electronic form on the Issuer’s server and representing a claim by the Holder against the Issuer. The Electronic Money is issued by the Issuer in exchange for the surrender of funds by the Holder.
Transaction: means the operation whereby a Holder exchanges EURØP or uses EURØP to make a payment.
Wallet: refers to a digital tool, either software or hardware, used to store cryptographic keys and manage digital assets, such as EURØP. It allows the User to send, receive, and track transactions on blockchain networks.
Third-Party Wallet: refers to a wallet provided by a service provider that is not affiliated with the Issuer or Crypto-asset Trading Platform, used by the User to store and manage digital assets like EURØP.
Website: refers to the Website published by Schuman at the following URL address: https://www.schuman.io.
4. Use of Electronic Money
Electronic Money is issued by Schuman, approved as an electronic money institution, in exchange for funds and listed by partner Platforms to their users.
Holders may verify the Issuer’s authorisation by contacting the ACPR, 4 Place de Budapest – 75009 Paris, or by visiting https://www.regafi.fr/spip.php?rubrique1.
It can be purchased directly by qualified business clients from Schuman or by individuals and businesses on a Crypto-asset Trading Platform in exchange for cash.
The Holder will be able to receive EURØP in the Crypto-asset Trading Platform’s Wallet or in a Third Party Wallet provided that the latter has carried out a full KYC.
The Electronic Money will then be able to circulate freely without restriction.
In the context of a Transaction with a Merchant, the Holder will be deemed to request reimbursement of his Electronic Money from the Issuer and to request the Issuer to pay the Merchant in cashless money on his behalf. Each payment to a partner Merchant is subject to the completion or existence of a KYC by the Platform.
The Issuer reserves the right to block the redemption of Electronic Money and the transfer from the Wallet at any time, in particular in the event of use that does not comply with these General Terms and Conditions or in the event of fraudulent use.
5. Redemption of Electronic Money
Holders may obtain reimbursement of their Electronic Money directly from the Issuer, provided they have satisfied KYC requirements and met the requirements defined by the Redemption Policy.
Redemption is made at the nominal value of the Electronic Money units, subject to current transactions. It will not be possible to change the value of the Electronic Money, as one EURØP unit always represents one euro.
The refund is made by transfer to an account opened in the name of the Holder, the IBAN of which is provided by the holder under his responsibility. By way of derogation, the Holder, who is a natural person not acting for professional purposes, may request reimbursement in cash. In this case, the Issuer may send a postal order or use any other money transmission service allowing cash withdrawal.
In view of the provisions relating to the AML-CFT requirements, the Issuer reserves the right to make repayment subject to the provision of any other document enabling the identity of the Holder or the lawfulness of the transaction to be verified or confirmed.
The reimbursement will be sent to the Holder after the completed reimbursement request, accompanied, where applicable, by all the supporting documents requested.
6. Duration of the General Terms and Conditions
These General Terms and Conditions constitute a contract between the Issuer and the Holder, which shall remain in force until the Electronic Money subscribed to is used or redeemed.
The current General Terms and Conditions can be consulted at any time on the Website.
The Website is accessible by the Holder 24 hours a day, 7 days a week, all year round, except in the event of maintenance or force majeure.
The fact that the Issuer does not avail itself at a given time of any clause of the General Terms and Conditions may not be interpreted as a waiver of the right to avail itself of such clause at a later date.
7. Modification and termination of the General Terms and Conditions
The Issuer reserves the right to amend these General Terms and Conditions at any time.
In this case, the amended General Terms and Conditions will be available for consultation on the Website no later than 2 (two) months prior to the date proposed for their entry into force, unless such amendment is imposed by a law or regulation of immediate application.
If no objection is raised by the Holder within this period, the modified General Terms and Conditions is deemed to have been accepted.
If the Holder refuses the proposed amendment or for any other reason, they may terminate these General Terms and Conditions, free of charge, by contacting the Issuer using the contact details indicated in Section “Claims”. This request does not affect all debits (fees, subscriptions, payments) for which the Holder remains liable.
The Holder’s death or legal incapacity terminates these General Terms and Conditions as soon as the Issuer is notified thereof. Unless the rightful claimants or the notary in charge of the estate agree to honour them, Transactions carried out after the Holder’s death or legal incapacity are deemed not to have been authorised.
8. Claims
The Issuer and the Crypto-asset Trading Platform exclude all liability for goods or services paid for using Electronic Money and provided by Merchants. It is the responsibility of the Holder to resolve any dispute of any nature concerning these goods or services with the Merchants.
Under no circumstances may the Issuer or the Crypto-asset Trading Platform be held liable for disputes with Merchants.
The Transactions recorded by the Issuer’s computer systems constitute proof of the Transactions actually carried out using Electronic Money.
In the event of a dispute regarding the use of EURØP, in particular, due to an unauthorised or incorrectly executed Transaction, the Holder may send a complaint by email to support@schuman.io or by post to the Issuer within 13 months of the date of the disputed transaction.
After validation of the dispute by the Issuer, the Issuer will pay the Holder an amount of EURØP equivalent to the disputed transaction.
The Issuer may be exonerated from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the Holder, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure, as defined in the Section “Force Majeure”.
9. Customer relations
For any questions, information or complaints, the Issuer’s Customer Service is available to the Holder:
- By email to the following address: support@schuman.io
- By telephone at +33 (0)9 80 80 22 84 (price of a local call from a landline) from 9:00 to 16:00 Central European Time, from Monday to Friday.
- Via the “Contact us” section of the website at https://schuman.io/contact/.
10. Protection of Personal Data
The Issuer processes the Holder’s Personal Data in accordance with (i) the applicable Laws on the protection of personal data and (ii) its Personal Data protection policy accessible at the following address: https://schuman.io/privacy-policy/.
11. Professional secrecy
Pursuant to Article L. 526-35 of the French Monetary and Financial Code, any person who participates in the management or direction of the Issuer or who is employed therein is bound by professional secrecy.
In addition to the cases where the law so provides, the Issuer may communicate information covered by professional secrecy to the persons with whom it negotiates, concludes or executes the following transactions where such information is necessary for such transactions:
- Acquisitions of shareholdings or control in electronic money institutions ;
- Disposal of assets or business ;
- Assignment or transfer of contracts ;
- Service contracts concluded with a third party with a view to entrusting it with important operational functions;
- During the study or preparation of any type of contract or transaction, provided that these entities belong to the same group as the author of the communication.
In addition to the cases mentioned above, the Issuer or the Crypto-asset Trading Platform may communicate information covered by professional secrecy on a case-by-case basis and only when the persons concerned have expressly authorised them to do so.
Persons receiving information covered by professional secrecy which has been provided to them for the purposes of one of the above-mentioned operations must keep it confidential, whether or not the above-mentioned operation is successful. However, in the event that the aforementioned transaction is successful, these persons may, in turn, communicate the information covered by professional secrecy, under the same conditions as those referred to above, to the persons with whom they negotiate, conclude or execute the aforementioned transactions.
12. Anti-money laundering (“AML”) and counter-terrorist financing (“CTF”) provisions
When listing Electronic Money, the Issuer or Crypto-asset Trading Platform shall first carry out a full KYC of the Holder, including identifying and verifying the identity of these customers, gathering information relating to the purpose and nature of this relationship, and updating this information throughout the duration of the relationship where applicable.
The Holder undertakes to provide the Issuer or the Crypto-asset Trading Platform, as the case may be, with any information that may be useful for updating knowledge of the customer and the nature of the business relationship on the purpose of the operations or Transactions carried out, the origin and destination of the funds, and the identity of the Holder by producing, as the case may be, any documentary evidence.
Holders are informed that no Transaction or refund of Electronic Money can be ordered if the Holder has not first undergone a KYC check by the Issuer or Crypto-asset Trading Platform.
13. Intellectual property
The texts and graphic elements, their assembly on the Website, and the Website itself are the exclusive property of the Issuer and are protected under the applicable copyright legislation. The logos and distinctive signs of the Issuer are protected under trademark law.
Any deterioration of the elements present on the Website or of the Website, as well as, in the absence of express authorisation, any reproduction, downloading, copying, modification or commercial use, in whole or in part, of the various elements of the Website are prohibited and expose their author(s) to legal action.
Under no circumstances do the General Terms and Conditions authorise the reproduction, modification or commercial use of the various elements of the Website.
By accessing the Website, the Issuer grants the Holder a licence to use the Website subject to the following conditions:
- a private, personal and non-transferable right to use the content of the Website or any of its component parts,
- a reproduction right for storage for the purpose of reproduction on a single-user screen, in one copy, for backup copies or hard copies,
- any use of documents from the Website must mention the source.
Any other use is prohibited, in particular, for commercial purposes, use in a network, or repeated and systematic extraction of elements from the Website carried out in contravention of the provisions of the Law of 1 July 1998 concerning the legal protection of databases.
Any use of the Website contrary to the provisions of this article constitutes an infringement of copyright, for which the person committing such an infringement (“Counterfeiter”) may be held liable. Civil and criminal penalties may be imposed on any Counterfeiter.
14. Force majeure
Force majeure events are defined in accordance with Article 1218 of the French Civil Code as events that are unforeseeable, beyond the parties’ control, and external, which make it impossible to perform the obligations under these General Terms and Conditions.
If a force majeure event occurs:
– The Issuer’s obligations under this agreement will be suspended.
– If the event persists for more than one (1) month, the Issuer’s obligations may be terminated.
The Issuer shall not be held liable for non-performance of the contract due to a force majeure event.
The party affected by a force majeure event must promptly notify the other party of its occurrence and the measures being taken to mitigate its effects.
15. Applicable law / Complaints and disputes
The General Terms and Conditions are governed by French law.
In the event of a dispute arising between the Holder and the Issuer in connection with the performance hereof, each of the two Parties shall endeavour to attempt to settle the dispute amicably.
If the Holder and the Issuer are unable to reach an agreement, and in accordance with Article L.316-1 of the French Monetary and Financial Code, the Holder may refer the matter free of charge to the mediator of the French Association of Payment and Electronic Money Institutions (AFEPAME):
Association Afepame – Mediator
36, rue Taitbout
75009 Paris
In principle, the mediation shall be concluded within ninety (90) days from the date on which the mediator notifies the Parties of his referral, in accordance with article R.612-5 of the French Consumer Code.
It should be noted that recourse to mediation by the Holder is only an option, and not a prerequisite for referral to the courts and that the Parties may, in any event, withdraw from the mediation process at any time.
In the absence of an amicable agreement between the Parties via one of these voluntary procedures, the dispute will be submitted to the French courts.