MIPISE Terms of Use
White-label crowdfunding solution
Last update : 24/01/2024.
PRÉAMBULE
The MIPISE solution consists of a technical service providing hosting and the availability of necessary functions for the implementation of CROWDFUNDING and/or CROWDSOURCING operations.
The MIPISE solution is aimed at those wishing to create in « just two clicks » a platform for crowdfunding of donations and/or pre-purchases, interest-bearing or interest-free loans, securities, skills-based sponsorship, royalties and/or open innovation, that is secured, highly customizable and quickly functional
The MIPISE solution was developed in-house as a white-label product. The MIPISE solution naturally adapts to the needs and constraints of clients: it does not clone an existing solution.
The MIPISE solution incorporates a payment solution via a partner payment institution or an electronic currency organism, duly certified and controlled by banking supervisory bodies.
The MIPISE solution accepts multi-currencies as well as Cryptocurrency.
The MIPISE solution can be easily incorporated into existing websites.
The MIPISE solution enables to focus on one’s main operations thanks to: a guaranteed technical and regulatory maintenance, automated Know Your Customer (KYC) processes and numerous functions.
The MIPISE solution is constantly evolving, baring numerous functions such as : geo-tracking, automatic issuing of tax receipts, multiple screenings, large-scale circulation on social networks, incorporation of checks, e-marketing, referencing assistance, customizing and management of electronic signature contracts, multiple-signatures, management of partnerships, management of business providers, promotional codes, management of bonuses, appropriate matching of investors with high-risk profiles, logging emails, etc.
The MIPISE solution also contains functions adapted to the nature of the crowdfunding campaign:
- for donations (tax receipts, tipping-style management, in duo mode, real-time campaigns etc.)
- for loans (creditors simulators, borrowers, automated calculations of depreciation tables, fixed rates, floating rates etc.)
- for shares
The MIPISE solution provides: performance dashboards (monitoring project by project or consolidated monitoring, performance indicators, Google analytics), automated emailing, sending of updates on the help desk + FAQ, the possibility to manage newsletter mailing and individual blogs.
The MIPISE solution is easily customizable and multi-lingual.
It enables to manage several economic models: “all or nothing” campaigns, campaigns “without conditions”, campaigns with or without compensations, campaigns with threshold effects, typologies of multiple commissions (commissions collected during the project launch, after each transaction, in the event of a success, based on the level of project support), voting campaigns, calls for projects, idea boxes, etc.
MIPISE is an independent company aiming to be an accelerator of the collaborative economy in the area of project management.
THE TERMS OF USE HEREIN ARE AIMED AT DEFINING THE TERMS AND CONDITIONS OF ACCESS AND USE OF THE MIPISE SERVICE AND TO DEFINE THE ROLE AND OBLIGATIONS OF ALL.
BY AGREEING TO THEM, THE MIPISE SERVICE USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THEM.
WHEN OPENING AN ACCOUNT, THE USER ALSO ACKNOWLEDGES UNDERSTANDING AND HAVING ACCEPTED THE TERMS OF USE OF THE PAYMENT INSTITUTION/ or of ELECTRONIC CURRENCY ORGANISM that MIPISE has contracted, they are available on the platforms’ Terms of Use, that are MIPISE’s clients.
THE USER MUST READ ATTENTIVELY THE TERMS OF USE HEREIN AND UNDERSTAND THEM. BY ACCEPTING THEM HE COMMITS TO RESPECTING THEIR TERMS AND CONDITIONS.
THE ACCEPTATION OF THE GENERAL TERMS OF USE OF MIPISE’S SERVICE IS KEPT AND ARCHIVED IN MIPISE’S COMPUTER SYSTEMS IN AN IMMUTABLE, SAFE AND RELIABLE MANNER. AT ANY MOMENT, THE USER MAY CONSULT, REPRODUCE, STOCK THEM ON HIS COMPUTER, ON ANOTHER SUPPORT, SEND THEM BY MAIL OR PRINT THEM OUT IN ORDER TO KEEP A RECORD. HE MAY ALSO OBTAIN, VIA A STAMPED ENVELOPE WITH HIS ADDRESS, A MAILED COPY. HE MAY ALSO ASK MIPISE TO EMAIL A COPY.
USERS, IF YOU DO NOT AGREE WITH THE TERMS OF USE PRESENTED HEREIN OR THAT YOU DO NOT WISH TO RESPECT THEM, DO NOT ACCEPT THEM BUT YOU WILL NOT BE ABLE TO BENEFIT FROM THE SERVICES OFFERED!
1. DEFINITIONS
For purposes of the MIPISE Terms of Use herein, the following words, when used in upper case, and except if the context requires a different interpretation, have the following meaning:
- AFFILIATE: Partner of the PROJECT LEADER whose mission is to promote the CROWDFUNDING campaign(s). He may be entitled to compensation by the PROJECT LEADER or MANAGER.
- ACTIVE RECIPIENT: the person benefiting directly from the funds; he may be distinct from the PROJECT LEADER.
- MIPISE CLIENT: The MIPISE CLIENT is either a crowdfunding PLATFORM that decides to use the MIPISE technical solution or a PROJECT LEADER that decides to work directly with MIPISE without the intermediation of a PLATFORM, for the time of a unique CROWDFUNDING campaign; in this last case MIPISE is both a CROWDFUNDING PLATFORM and a technical solution. The MIPISE client may also be an exclusively CROWDSOURCING platform.
- EQUITY: operation during which funds are issued by an INVESTOR to a PROJECT LEADER in return for the acquisition of company shares or obligations at a fixed rate.
- FUNDRAISER: Amount of the funds sought by the crowdfunding operation. The characteristics of the FUNDRAISER are its duration and amount. They are freely determined by the PROJECT LEADER.
- CONTRIBUTOR PAYMENT ACCOUNT: the CONTRIBUTOR’S account managed by the PAYMENT INSTITUTION or ELECTRONIC CURRENCY ORGANISM potentially linked to an IBAN or credit card number.
- PROJECT LEADER PAYMENT ACCOUNT: account of the PROJECT LEADER managed by THE PAYMENT INSTITUTION or ELECTRONIC CURRENCY ORGANISM, potentially linked to an IBAN or a credit card number. It enables to collect the monies owed by the CONTRIBUTORS and/or to pay commissions.
- PLATFORM MANAGER PAYMENT ACCOUNT : account of the PLATFORM MANAGER managed by a PAYMENT INSTITUTION or ELECTRONIC CURRENCY ORGANISM, potentially linked to an IBAN or a credit card number. It enables to collect the monies owed by the CONTRIBUTORS and/or to pay commissions.
- AFFILIATE PAYMENT ACCOUNT: AFFILIATE’s account managed by a PAYMENT INSTITUTION or ELECTRONIC CURRENCY ORGANISM, potentially linked to an IBAN or a credit card number.
- COMPENSATIONS (see REWARDS). THE COMPENSATIONS can be material or immaterial.
- CONTRIBUTOR (or DONOR or LENDER or INVESTOR or contributor acting in SKILLS-BASED SPONSORSHIP): any natural or legal person participating in the funding of a PROJECT by CONTRIBUTING FINANCIALLY or by indicating his interest in the framework of the SKILLS-BASED SPONSORSHIP project.
- CONTRIBUTION (or DONATION or LOAN or PRE-PURCHASE or INVESTMENT or skills contribution): CONTRIBUTION is the amount of money payable by the CONTRIBUTOR to help a PROJECT.
- CROWDWIDGET MIPISE : A presentation interface of a PROJECT aimed at being incorporated on a website or relayed through social networks. The use of the CROWDWIDGET MIPISE provides access to all technical functions of the MIPISE solution.
- CROWDSOURCING: an operation aiming at optimizing Project participation in the form of votes, calls for ideas, call for projects etc.
- DONOR (cf. CONTRIBUTOR)
- DONATIONS (cf. CONTRIBUTION)
- BORROWER: PROJECT LEADER in the event of the LOANS operation.
- CONTRIBUTOR SPACE: an interface enabling the CONTRIBUTOR to consult and manager his profile.
- MANAGER SPACE: an interface enabling the MIPISE CLIENT to consult, customize and/or manage the PLATFORM.
- PROJECT LEADER SPACE: an interface enabling the PROJECT LEADER to consult, customize and/or manage the PROJECT.
- PAYMENT INSTITUTION: an authorized payment institution controlled by the ACPR. Payment institutions are legal bodies, other than credit institutions, that provide payment services as a regular occupation as mentioned in the article L.314-1 of the monetary and financial code (art. L.522-1)
- ELECTRONIC CURRENCY ORGANISM - an organism also authorized by the banking control authorities.
- CROWNFUNDING: a CROWDFUNDING campaign enables to fund a project, product, event, activity or cause where, today, the traditional financial systems can no longer act. For the PROJECT LEADER, a CROWDFUNDING campaign can also be an opportunity to test and gauge the degree of appetence for a project, product, event, activity or cause within a community, audience or potential buyers. CROWDFUNDING responds to strong societal trends that combine the use of internet and social networks, a yearning for a sense of belonging, proximity, trust and even passion. The CROWDFUNDING operation can cover operations in the form of a DONATION, LOAN, PRE-PURCHASE, INVESTMENT, SKILLS-BASED SPONSORSHIP or a combination of these forms.
- INVESTMENT: amount of money paid during an operation on securities (EQUITY) or ROYALTIES.
- LABEL: possibility for the MANAGER to accredit a PROJECT by involving PARTNERS in the analysis of PROJECTS.
- PLATFORM MANAGER
- THE MIPISE CLIENT when it is a CROWDFUNDING PLATFORM. The PLATFORM then manages several CROWDFUNDING and/or CROWDSOURCING campaigns.
- MIPISE in the case of a PROJECT LEADER who decides to use the technical MIPISE solution without calling on a PLATFORM, for the time of a unique CROWDFUNDING and/or CROWDSOURCING campaign.
- SKILLS-BASED SPONSORSHIP (or crowdsourcing): consists in providing time, services and/or resources, services and/or competences to carry out actions often of general interest. SKILLS-BASED SPONSORSHIP does not translate into financial contributions.
- FINANCIAL GOAL: amount to raise to complete the PROJECT.
- PARTNER: the Partner is a qualified person who offers support to the PROJECT LEADER by accrediting the PROJECT.
- CROWDFUNDING PLATFORM: a platform that introduces and manages several CROWDFUNDING projects simultaneously. The platform receives remuneration from the PROJECT LEADER.
- PRE-PURCHASE: CROWDFUNDING operation enabling to reserve a product before being launched on the market.
- BONDS or SECURITIES: operation by which funds are issued by an INVESTOR accompanied by the delivery of securities that can either be the holding of company capital shares, or the holding of company bonds.
- PARTICIPANT: The person participating in a CROWDSOURCING operation.
- PROJECT LEADER: the person initiating and leading the PROJECT.
- interest-free LOAN: operation by which the funds are issued by a LENDER to a PROJECT LEADER (BORROWER) interest-free and paired with the commitment of refunding the amount loaned according to a timetable fixed in advance.
- interest-bearing LOAN: operation through which the funds are issued by a LENDER to a PROJECT LEADER (BORROWER) with an interest and paired with the commitment of refunding the amount loaned according to a timetable fixed in advance.
- LENDER: The person consenting to a LOAN operation to a PROJECT LEADER (BORROWER)
- PROJECT: The PROJECT is any event, activity, product, service and/or cause that a PROJECT LEADER wishes to fund. The characteristic features of a PROJECT are:
- Its object
- The amount of the FINANCIAL GOAL
- The duration of the FUNDRAISER
- The different modes of CONTRIBUTIONS possible (DONATION, LOAN, PRE-PURCHASE, INVESTMENT, CROWDSOURCING)
- The COMPENSATIONS (or REWARDS) allocated to the CONTRIBUTIONS
- PROVISION : The amount paid by the MIPISE CLIENT on his payment account reserved for the deduction of MIPISE commissions.
- PROJECT with CONDITIONAL AVAILABILITY OF FUNDS RAISED: PROJECT for which the availability of the funds raised for the PROJECT LEADER depends on the success conditions of the CROWDFUNDING campaign. During the duration of the FUNDRAISER, the funds collected are retained on the CONTRIBUTOR’S PAYMENT ACCOUNT. Once the CONTRIBUTOR chooses to provide a CONTRIBUTION to the PROJECT LEADER or ACTIVE RECIPIENT. This order of payment is irrevocable but will be executed by MIPISE only if the event described hereinafter is achieved. Thus, it must be clearly understood between the parties involved that the order of payment given in these conditions can no longer be disputed; only the failure to achieve the following event can nullify its execution by MIPISE: after the FUNDRAISER, the GOAL is reached within the time allocated. If the GOAL of the campaign is not reached, the PROJECT LEADER or ACTIVE RECIPIENT is entitled - under conditions anticipated ab initio - to defer the contribution to equivalent projects.
- PROJECT without CONDITIONAL AVAILABILITY OF FUNDS RAISED: PROJECT for which the funds raised are definitively and irrevocably transferred to the PROJECT LEADER or ACTIVE RECIPIENT and done independently of the goals of the CROWDFUNDING campaign being reached.
- REWARDS (or COMPENSATIONS): the REWARDS are the COMPENSATIONS received by the CONTRIBUTORS in exchange for their CONTRIBUTIONS. They are determined by the PROJECT LEADER. They also affect the purchase of products on preferential terms in the framework of PRE-PURCHASE operations that are part of the category of donations with compensations.
- ROYALTIES: operation under which an investor can be attributed in exchange for a percentage of the revenues or results emanating from a company or Project.
- MIPISE SERVICE: availability of the technical solution developed by MIPISE.
- SUB-MANAGER: The SUB-MANAGER can act by delegation of the MANAGER on the operation of all or part of the PLATFORM, apart from the movement of funds that are the exclusive purview and sole responsibility of the latter.
- SECURITIES: Operation in which the funds are issued by an INVESTOR to a PROJECT LEADER accompanied by the delivery of securities that can either constitute the holding of shares in a company, or the holding of corporate bonds.
- PAYMENT ACCOUNT USER: The PROJECT LEADER, PROJECT(S) MANAGER, CONTRIBUTOR, PARTNER or AFFILIATE.
- MIPISE SERVICE USER: The PROJECT LEADER
- VOTE: the possibility to carry out a voting campaign on a project prior to the launch of a fundraising campaign.
2. REGISTRATION TO THE MIPISE SERVICE
MIPISE SERVICE USER must provide at least:
- An alias
- an email address
Once the MIPISE SERVICE USER wishes to open a payment account, additional information may be requested.
During registration, a USER SPACE ( MANAGER, PROJECT LEADER, CONTRIBUTOR, PARTICIPANT) is made available to the MIPISE SERVICE USER in which he will be able to upload, if applicable, all supporting documents.
3. OPENING AN ACCOUNT
3.1. Any natural person wishing to open an account must provide:
- First and Last name
- A valid email address
- Birthdate
- Mailing address
- Nationality
- Country of residence
3.2. Any legal person wishing to open a payment account must provide:
- The corporate name of the legal person
- A valid email address of the legal person
- A proof of identity of the executive or of the person holding individual signing authority of the operations carried out.
3.3. Any USER of the MIPISE SERVICE declares that, to this day, all of the information provided is true and given in good faith. He must, imperatively, respond to any request for additional information that could be asked by MIPISE or the PAYMENT INSTITUTION or the ELECTRONIC CURRENCY ORGANISM.
4. GUIDELINES FOR USING THE PAYMENT ACCOUNT
specific regulatory conditions are enacted regarding the KYC - Know Your Customer (they are relative to the Customer due diligence obligations set out in articles L. 561-5 and according to the CMF).
The “know-your-client information” (or the active recipient of the relation) must be able to be sure of the client’s identity, the origin of the funds and the merit of the operations. This know-your-client procedure is undertaken prior to entering into a business relationship. Constant vigilance is exerted during the entire duration of the business relationship; a careful examination must be practiced on all operations carried out by making sure that they are coherent with the updated knowledge of the client (article L. 561- 6 paragraph 2 of the CMF).
Thus:
4.1. A USER must provide the supporting documents of his identity and function, for any operation of an amount superior or equal, or a total of ongoing operations during a given year for an amount above thresholds defined by the PAYMENT INSTITUTION or ELECTRONIC CURRENCY ORGANISM, or to count from the first euro regarding a PROJECT LEADER, a LENDER, an INVESTOR or ACTIVE RECIPIENT.
The nature of the supporting documents to provide depends on the status of the USER - for example:
4.1.1. Natural person:
- a copy of an official and valid identity document: a color copy of the French identity card (both sides) or a color copy of the passport page with the photo, or a color copy of the resident permit + a color copy of a second identity document, for residents outside of France.
- a proof of residency of less than three months from French citizens, originating from:
- an electricity provider
- a phone operator (landline)
- a house insurance
- a rent receipt
- or (under one year) regarding: income tax notice / housing tax
- BANK INFORMATION with the name - BANK INFORMATION is asked right away to the PROJECT LEADER or ACTIVE RECIPIENT, to the LENDER (for a loan platform) or to the INVESTOR (equity or bonds platform depending on the option selected by the platform manager) - It is only requested ulteriorly to the CONTRIBUTOR (for donations only), if and only, he wishes to undertake a cash-out movement of his payment account.
4.1.2. Professional (Auto-entrepreneur, artisans, liberal professions, one-person company,…):
- INSEE number
- Registration to the Commerce or Company Registrar, Employment Registrar or a signed hand-written certification stipulating the exemption of the RCS or RM matriculation.
- a copy of an official and valid identity document: a color copy of the French identity card (both sides) or a color copy of the passport page with the photo, or a color copy of the resident permit + a color copy of a second identity document, for residents outside of France.
- a proof of residency of less than three months from French citizens, originating from:
- an electricity provider
- a phone operator (landline)
- a house insurance
- a rent receipt
- or under one year regarding: income tax notice / a housing tax
- corresponding bank details
4.1.3. Company:
- a copy of the last certified statuses complying to the original of the company (including distribution of powers),
- a French corporation identification card no older than 3 months,
- a copy of an official and valid identity document: a color copy of the French identity card (both sides) or a color copy of the passport page with the photo, or a color copy of the resident permit + a color copy of a second identity document, for residents outside of France.
- Bank details in the company’s name
NB: in the case where the company would have several individuals holding more than 25% of the capital, a double sided copy of the identity card of each associate holding more than 25% of the company should be provided.
4.1.4. Association:
- a copy of the inclusion in the Official Journal (http://www.journal-officiel.gouv.fr/associations.html),
- a copy of the official registration number of the association,
- a certified as true copies of the last articles of association
- a copy of an official and valid identity document: a color copy of the French identity card (both sides) or a color copy of the passport page with the photo, or a color copy of the resident permit + a color copy of a second identity document, for residents outside of France.
- Bank details in the name of the association
4.1.5. Collectivity - local authorities:
- a copy of an official and valid identity document: a color copy of the French identity card (both sides) or a color copy of the passport page with the photo, or a color copy of the resident permit + a color copy of a second identity document, for residents outside of France.
- an official document certifying that the person identified is authorized to manage the payment account
4.2. MIPISE reserves the right to request other documents or further information in order to verify all information deemed useful to the respect of legal obligations, especially pertaining to the fight against money laundering.
4.3. Lighter diligences can be implemented toward occasional clients and depending on the respect of specific rules especially of not crossing the threshold.
4.4. THE MIPISE SERVICE USER is warned that the opening of a payment account can be refused (and if need be, the account closed) if the USER is a politically exposed person, if his assets are frozen, is a person of high risk, tests positive to the anti money laundering control, is a verified fraudster, uses fake documents, is a minor without parental authorization etc.
4.5. The USER of the MIPISE Service is warned that the documents that served his identification can be kept by MIPISE and/or the PAYMENT INSTITUTION for 5 years.
4.6. All the documents (registrations forms, agreements etc.) signed via “electronic signature” are kept for 10 years.
4.7. Any modification to the last or first name initially provided by a user of the platform invalidates the user’s identification procedure.
4.8. Beforehand, the platform manager must be insured that MIPISE has validated the completeness and compliances with the rules above-mentioned on the documents provided
5. CLOSING OF A PAYMENT ACCOUNT
5.1. Once a user is not part of an ongoing operation, he can close his account at any moment. Otherwise, he will have to wait for the end of the operation (for example the end of the loan contract) to be able to close it. The closing of the ACCOUNT results in the refund, if applicable, of the amounts in the account.
5.2. To close an account, the user must send an email from his email address to MIPISE or to the platform by stating his will to close the account. Bank details should be attached to this email, if it has not been done already, and if there is still a positive balance in the payment account. Within a maximum of 30 days, a confirmation email will be sent confirming the account’s account and the transfer of the payment account’s balance.
6. ACCESSIBILITY TO THE MIPISE SERVICE
6.1. The PLATFORM MANAGER has access to the MIPISE SERVICE via the URL www.mipise.com/offers. The MANAGER registers on the website. During registration, the USER-MANAGER of the PLATFORM commits to providing exact data and is required to fill out all the required fields indicated on the registration form. Once the form is filled out and validated, MIPISE will send a confirmation email.
The availability of the MIPISE SERVICE (opening and launch of campaigns) becomes subject to the conclusion of a contract between MIPISE and the PLATFORM MANAGER specifying the compensation conditions of MIPISE.
Meanwhile, MIPISE provides, at no entry fee, and after a free month maximum, the solution, in exchange for a monthly membership fee, in order to allow future platform managers to familiarize themselves with the general functions of the tool (general backoffice functions) and to prepare their platform: implementation of interactive graphics, texts, graphic charter etc., it will be up to future platform managers to stop, with the sending of an email to MIPISE, the membership payment. Any membership paid is acquired by MIPISE.
PROJECT LEADERS do the business of the PROJECTS’ implementation with the PLATFORM MANAGER.
6.2. A PROJECT LEADER, that decides to lead a CROWDFUNDING campaign directly with MIPISE can access the MIPISE SERVICE via the URL www.mipise.com/offers after registering on the website. During registration, the USER-MANAGER of the PLATFORM commits to providing exact data and is required to fill out all the required fields indicated on the registration form. Once the form is filled out and validated, MIPISE sends a confirmation email.
The availability of the MIPISE SERVICE (opening and launch of campaigns) becomes subject to the conclusion of a contract between MIPISE and the PROJECT LEADER specifying the compensation conditions of MIPISE.
6.3. The use of the MIPISE SERVICE by a PROJECT LEADER different from a person described in the previous article or by a CONTRIBUTOR, AFFILIATE, or PARTNER of a CROWDFUNDING campaign can be done via the link “offer a project” upon registering on the website.
The use of the MIPISE SERVICE by a PROJECT LEADER different from a person described in the previous article or by a CONTRIBUTOR, AFFILIATE, or PARTNER of a CROWDFUNDING campaign can be done via the link “offer a project” upon registering on the website.
6.5. MIPISE reserves the right to suspend access to the PLATFORM’s services in the event of A MIPSE SERVICE USER breaching the obligations referred to in article 9 below, without entitlement to any compensatory allowance in the event of harm.
7. CROWDFUNDING CAMPAIGN
7.1. The CONTRIBUTOR chooses the amount of his CONTRIBUTION and, if applicable, of the REWARD (or COMPENSATION) associated. The secured payment by credit card is done by the intermediary of a PAYMENT INSTITUTION or ELECTRONIC CURRENCY ORGANISM.
7.2. For a PROJECT with CONDITIONAL AVAILABILITY OF FUNDS RAISED the amount of the CONTRIBUTION is retained on the CONTRIBUTOR ACCOUNT managed by the PAYMENT INSTITUTION or ELECTRONIC CURRENCY ORGANISM, in accordance with the Terms of Use of the PAYMENT INSTITUTION or ELECTRONIC CURRENCY ORGANISM, until the transfer onto the PROJECT LEADER’S PAYMENT ACCOUNT.
It is noted that when the CONTRIBUTOR chooses to grant a CONTRIBUTION to the PROJECT LEADER or ACTIVE RECIPIENT, he issues a payment order to MIPISE for the benefit of the PROJECT LEADER or ACTIVE RECIPIENT.
This order of payment is irrevocable but will be executed by MIPISE only if the event described below takes place. Thus, it is clearly understood between the parties that the payment order given in these conditions may no longer be disputed, only the case of the following event not taking place may lead MIPISE to fail to execute it: following the FUNDRAISER, the GOAL has been met within the time limit (meaning the CROWDFUNDING campaign has been successfully completed.)
7.3. Or the amount of the CONTRIBUTION is directly transferred to a beneficiary account (the case for PROJECTS without CONDITIONAL AVAILABILITY OF FUNDS RAISED)
7.4. The related costs to the MIPISE Service must be borne by the MIPISE CLIENT, meaning the PLATFORM MANAGER or the PROJECT LEADER when acting directly with MIPISE.
7.5. MIPISE only intervenes for the technical implementation of the CROWDFUNDING solution. The management of payment accounts as well as securing the payment operations, is covered by the PAYMENT INSTITUTION or ELECTRONIC CURRENCY ORGANISM for which MIPISE is a proxy.
7.6. The definition of the PROJECT, its implementation, success or failure, the potential issuance of REWARDS, as well as the legal and financial management of the PROJECT are the responsibility of the PROJECT LEADER.
7.7. The PROJECT outcome (the case of PROJECTS with CONDITIONAL AVAILABILITY OF FUNDS RAISED) is exclusively assessed according to the GOAL and the expected duration of the FUNDRAISER. The PROJECT is deemed successful once the FINANCIAL GOAL is reached in terms of the determined amount and timeframe.
7.7.1. In the event of a successful PROJECT:
- Once the FINANCIAL GOAL is reached, the CONTRIBUTION is definitively acquired by the PROJECT LEADER.
- The CONTRIBUTION is transferred to the PAYMENT ACCOUNT OF THE PROJECT LEADER within 15 calendar days maximum, starting from the campaign’s end date.
7.7.2. In the event of a failed PROJECT:
If the FINANCIAL GOAL is not reached, the PROJECT is not achieved. The PROJECT LEADER notifies the CONTRIBUTOR of the PROJECT failure via email and seeks his instructions, such as:
- Maintaining the amount of the CONTRIBUTION on the ACCOUNT.
- The potential deployment onto another PROJECT
- Total or partial refund of the amounts paid.
8. WITHDRAWAL OF FUNDS FROM A PAYMENT ACCOUNT
The withdrawals of a CONTRIBUTOR payment account (refund on the bank account/ transfer onto another payment account) must be done within a timeframe of 15 calendar days (fees are applied for withdrawals below 25€.)
9. OBLIGATIONS OF THE MIPISE SERVICE USER
9.1. Any USER of the MIPISE SERVICE expressly commits
- to not record links, messages, images, texts, videos, animation sounds or programs not-compliant with French legislation,
- to not record or promote themes, contents, links that are explicitly prohibited and that may violate copyrights or image rights or privacy rights of others,
- practicing religious proselytizing
- to not record or promote themes that could touch upon exploiting minors or dismaying the usage of pornographic images of minors, degrading images of the body of men or women, insulting, defaming, uttering homophobic, denialist or anti-Semitic comments, provoking or inciting hatred, violence, racism, suicide or more generally inciting any form of crime or offense,
- to obtain prior authorizations on data protected by property rights,
- to obtain prior authorizations toward rights holders in legal conditions before any reproduction, presentation and communication to the public,
- be cautioned that the URL addresses must respect brand rights and personality rights,
- take responsibility for the texts, images, programs or sounds disseminated,
- take sole responsibility for any direct or indirect, material or bodily prejudice caused, and to take charge of any dispute that may arise,
- absolve MIPISE of any responsibility in the event of prejudice caused by a breach of one of the preceding commitments.
9.2. Any USER OF THE MIPISE SERVICE expressly commits
- to not use the MIPISE service to disseminate and promote computer viruses, Trojan horses or any other programs of the same nature, to violate computer systems or disrupt the proper overall functioning of the service.
- take sole responsibility for any direct or indirect, material or bodily prejudice caused, and to take charge of any dispute that may arise,
- to absolve MIPISE of any responsibility in this sense.
9.3. Any infraction to one of the commitments above-mentioned will lead, once known about, to the immediate removal and without notice of the contentious element.
10. RESPONSIBILITIES
10.1. For all the services, MIPISE is subjected to an obligations of means and not an obligation of results. The MIPISE service is a technical service. By no means can MIPISE be held responsible in what could seem in one way or another as a failure of an obligation to advise.
10.2. MIPISE may, in no way, be held responsible for any harm that would results partially or fully in the non-respect of the Terms of Use herein.
10.3. MIPISE is not responsible of the activities and informations stocked by the MIPISE CLIENTS or any USER of the MIPISE service.
10.4. MIPISE does not assume liability on the grounds of the activities or information stored by the MIPISE CLIENTS, if it did not have actual knowledge of their illicit character or if, from the moment that it did have knowledge, it acted with diligence to remove the data and / or render their access impossible.
10.5. By no means can MIPISE be held liable for direct or indirect damages, such as commercial prejudice, loss of clientele, any commercial trouble, loss of benefits, loss of brand image sustained by a USER, or a third party, and that could result from the MIPISE services or the implementation or the involuntary unavailability of its service. Any action directed against a USER by a third party is equated to an indirect prejudice, and, consequently cannot give rise to compensation.
10.6. THE MIPISE SERVICE USER recognizes that the guarantees and limitations of responsibilities stipulated below operate between the parties a reasonable distribution of the risks and responsibilities having regard to the context and financial conditions surrounding the availability of the MIPISE SERVICE.
10.7. It is specified that the PROJECT content, its presentation and follow-up elements (news, etc.) are elaborated by the PROJECT LEADER under his sole responsibility. MIPISE is not responsible for the issuance of COMPENSATIONS nor for the delivery of PRODUCTS or BONUSES bought in the context of a PRE-PURCHASE operation or a PRODUCTIVE PARTICIPATION.
10.8. It is stated that the fiscal consequences for the non-compliance with applicable regulations, and especially of the fiscal regulation by, for instance, USERS of the MIPISE SERVICE (MANAGER-PROJECT LEADER) are the sole responsibility of USERS.
10.9. A CONTRIBUTOR may not claim the liability of MIPISE in the event of a MANAGER or PROJECT LEADER failing in their obligations.
11. MIPISE REMUNERATION
11.1. MIPISE receives remuneration from the PLATFORM MANAGER corresponding to the provision of its solution, associated to a payment solution as well as continued maintenance of it. This remuneration conditions are directly searchable on the homepage of MIPISE’s website. They are subject to being modified over time; henceforth they are recorded in a separate contract (specific conditions) during the implementation of the PLATFORM.
11.2. THE PLATFORM MANAGER is free to set the remuneration owed to him by the PROJECT LEADERS. The MIPISE commissions may be, upon request of the PLATFORM MANAGER, directly collected from the PAYMENT ACCOUNT OF THE PROJECT LEADER towards MIPISE, upon agreement of the latter.
12. CANCELLATION OR DISPUTE
12.1. In the event of a loss or theft of username, diversion or any non-authorized use of it or of its data, the PAYMENT ACCOUNT USER must inform the platform or MIPISE in order to request to freeze the username, in accordance with the procedures laid down in the Terms of Use of the LEMONWAY service: LEMONWAY Terms of useor the MANGOPAY Terms of use, (issuers) reachable from their websites. Those establishments can by reached by phone: LEMONWAY (1(33) 1 48 18 19 30)- MANGOPAY (1(33) 76 39 02 81)
This declaration can also be done:- to the email address: contact@mipise.com It must be confirmed in writing to one or the other following addresses: MIPISE - 40 rue des ROISSYS- CHATILLON- 92 320
The Issuer will immediately execute via the intermediary of MIPISE the cancellation request of the Username in question: The event will be recorded and time stamped.
Any cancellation request must be confirmed without delay by the ACCOUNT USER in question via a signer letter either handed or expedited by registered mail, or via email to the PAYMENT INSTITUTION or ELECTRONIC CURRENCY ORGANISM or MIPISE address.
The Issuer and Distributor shall assume no responsibility for any of the consequences of a cancellation by fax or email that would not originate from the ACCOUNT USER.
A cancellation request shall be deemed to have taken place on the date and hour of the actual receipt of the Distributor’s request. In the event of a theft or fraudulent use of the username, the Issuer has the right to request, via the intermediary of the Distributor, a receipt or copy of the complaint to the ACCOUNT PAYMENT USER who shall commit to respond to as soon as possible.
12.2. In the event of a dispute of a debit or credit operation on the ACCOUNT (Contribution, Cancellation, Refund), the PAYMENT ACCOUNT USER must contact MIPISE or the PAYMENT INSTITUTION or ELECTRONIC CURRENCY ORGANISM. Any dispute of an operation must be addressed within a timeframe of 13 months starting from the date of the disputed operation. The Issuer and Distributor shall assume no responsibility in the event of misconduct by the ACCOUNT USER of a deliberate breach and constituting a grave negligence of his duties, concerning the late transmission of a cancellation or dispute or being of bad faith.
13. ACCOUNTS INQUIRY
The USERS registered may at any time check the history of their ACCOUNT and their personal data in their Personal space.
14. PERSONAL DATA and RèGLEMENT EUROPEEN POUR LA PROTECTION DES DONNéeS PERSONNELLES (RGPD)
La solution MIPISE est conçue de telle sorte qu'elle évite la possibilité de fuites de données personnelles. MIPISE met en oeuvre les mesures physiques, organisationnelles, matérielles et logistiques nécessaires en l'état des règles de l'art en vigueur pour assurer la sécurité, l'intégrité, la sauvegarde, la confidentialité des données et empêcher que les données soient déformées, traitées de manière non conforme aux finalités de la PLATEFORME, endommagées ou que des tiers non autorisés y aient accès.
14.1. MIPISE s'engage en tant que solution logicielle à développer les fonctionnalités nécessaires de façon que les plateformes puissent être en mesure de respecter le RGPD. C'est ainsi que MIPISE :
- donne la faculté à ses clients de récolter un consentement écrit, clair et explicite auprès des usagers avant la collecte et le traitement de leurs données personelles, acte nécessairement, libre, éclairé.
- est en mesure de permettre aux usagers de revenir sur leur consentement, d'accéder à leurs données personnelles, de les modifier, de les supprimer sous réserve des délais de conservation légaux ou règlementaires
14.2. The personal data collected and treated by MIPISE are those that the MIPISE SERVICE USER voluntarily provided, particularly in registration forms.
14.3. THE MIPISE SERVICE USER commits to providing accurate and up to date information and to inform MIPISE without delay of any modification to this information via email to the address contact@mipise.com, and to carry out all of the corresponding modifications on his Personal Space.
14.4. Name files have been subjected to a CNIL declaration under the number 1670024 in compliance with the law 78-17 of January 6, 1978 pertaining to information technology, databases and civil liberties. In compliance with article 38 and according to the law above-mentioned, the internet user who filled out a registration form online enjoys a right to information, cancellation, access and rectification of the data relating to him. He may exercised that right via a simple letter to the Head office address indicated in the headline of the document herein, and via email to following address: contact@mipise.com, by indicating last and first name, date and place of birth, email and mailing address, username.
14.5. MIPISE s'engage à ne jamais vendre des données personnelles collectées d'aucune sorte.
14.6. MIPISE s'engage à ne jamais traiter des données personnelles pour son propre compte autrement que pour satisfaire à une mission légale ou à une règlementation ou bien encore pour les besoins strictement utiles à la bonne marche de son activité (envoi de newsletters, prospection commerciale, proposition de nouveaux services, présentation de nouveaux projets, invitations, contacts). Dans tous les cas, MIPISE collecte ces données après en avoir demandé explicitement l'autorisation à ses propriétaires.
14.7. MIPISE s'engage à effacer les données collectées pour son propre compte, au bout de trois ans si leur conservation n'est pas justifiée par l'activité en cours, par la loi ou par la règlementation.
14.8. MIPISE s'engage à effectuer une revue de de ses bases de données une fois par an.
14.9. MIPISE s'engage à ne jamais conserver les données personnelles et les pièces justificatives collectées momentanément ( au demeurant après en avoir sollicité l'autorisation) pour l'exercice de son rôle d'intermédiaire-agent de paiement de MANGOPAY ou pour son rôle de sous- traitant de ses clients - s'agissant du traitement des KYC par LEMON WAY.
14.10. MIPISE s'engage à attirer l'attention de ses clients en cas de non-respect manifeste de leur part du règlement RGPD.
14.11. MIPISE a désigné un délégué à la protection des données (DPO- 2161) et tient à jour un registre des activités de traitement consultable à tout moment par la CNIL.
14.12. MIPISE s'engage à notifier le cas échéant à la CNIL ainsi qu'à toutes les personnes qui pourraient être impactées, sous 72 heures des fuites de données intempestives ou frauduleuses.
14.13. Les plateformes/clients MIPISE doivent se conformer à la règlementation RGPD.
14.14.THE PLATFORM MANAGER OR PROJECT LEADER may use the emails of contributors in the framework of the project for which they are asking for funding. THE PLATFORM MANAGER OR THE PROJECT LEADER may be allowed, with explicit authorization, to ask CONTRIBUTORS if their email address may be used by themselves or partners for different purposes than those laid out in the PROJECT (invitations, calls for other project etc.). MIPISE is regarded as one of the partners of the PLATFORM MANAGER OR PROJECT LEADER.
14.15. None of the information transmitted by a MIPISE SERVICE USER during the creation of his customized space can be visible to other USERS. This information is protected by a USERNAME and password in a way that only one MIPISE SERVICE USER may have access to this personal information.
14.16. The password of a USER is personal and confidential. The MIPISE SERVICE USER is solely responsible for the use of his password. The MIPISE SERVICE USER agrees to keeping his password secret and to not disclose it in any form. He also takes responsibility for the use of his password by a third party for conducting transactions. More generally, he is solely responsible of the use and safekeeping of the usernames created.
14.17. Neither the PLATFORM MANAGER, nor A PROJECT LEADER nor MIPISE will ever ask a CONTRIBUTOR his password via a phone call or unsolicited email. Furthermore, the CONTRIBUTOR shall not forget to sign out of his CONTRIBUTOR Space or to close the windows in his navigator after a work session. In this way, he will prevent others from accessing his personal information should the computer be shared, or if working in a personal, professional place or a public place.
15. CHANGES TO MIPISE SERVICE’S TERMS OF USE
MIPISE reserves the right to unilaterally change the Terms of Use of the MIPISE Service herein and without notice.
It is particularly up to the USERS to review and accept the Terms of Use of the MIPISE Service from the moment they use the services of a PLATFORM or the MIPISE service. Each use of the MIPISE SERVICE constitutes the acceptation of the latest version of the Terms of Use of the MIPISE Service herein.
In the event of substantial changes to the Terms of Use herein, the new Terms will come into effect one month after their publication on MIPISE’s website. A concurrent notification will be sent by mail to MIPISE’s direct client to the email address the client provided to MIPISE upon registration. MIPISE’s direct client will have one month starting from the notification to end the contract. An absence of complaint by the client within this timeframe will serve as an agreement to the modified Terms of Use.
16. ANTI-CORRUPTION et INTEGRITE
16.1. Une charte anti-corruption s'applique à tous les employés de MIPISE. MIPISE s'engage à conduire ses activités de manière éthique, avec intégrité et honnêteté, conformément aux normes et lois en vigueur ( Norme ISO 37000 en particulier). La charte MIPISE s'applique également à ses prestataires et partenaires
16.2. Aucun cadeau d'une valeur approchée de plus de 250 € HT n'est accepté sauf accord expresse de la Direction et dans ce cas il est versé dans un pot commun.Tout cadeau reçu quel qu'en soit le montant est décalré.
17. INTELLECTUAL PROPERTY
17.1. The content of the MIPISE SERVICE cannot be modified, copied, distributed, framed or reproduced without MIPISE’s consent
17.2. All of the property rights concerning the computer programs along with all the updates, new versions and copies of the programs available to the MIPISE SERVICE USER during the use of the service are MIPISE’s property.
18. DURATION - SUSPENSION - TERMINATION
The Terms of Use herein are applicable indefinitely.
MIPISE reserves the right to immediately terminate and without notice the MIPISE Service and to end the ongoing fundraisers in the event of a violation by the MANAGER or PROJECT LEADER of their obligations stated in the Terms of Use herein.
In the event of a termination, for any given reason, of the MIPISE SERVICE, MIPISE will instruct the ELECTRONIC CURRENCY ORGANISM to reimburse the CONTRIBUTOR.
19. INACTIVE ACCOUNTS
19.1. MIPISE reserves the right to close inactive accounts; in that respect : Any opening of a PLATFORM that is not followed by a subscription within 6 months can be subjected to a notification of closure with one month’s notice sent by email. In the absence of a reply, the PLATFORM will be closed.
19.2. Any unused ACCOUNT in a timeframe of 24 months may be subjected to a closing notification with one month’s notice addressed by email. The closing will no longer provide access to the ulterior use of the payment account. It shall be repaid of the reduced amount owed of the potential management fees of inactive accounts, meaning accounts without movements for more than twelve months (15 €/year). Unused accounts for more than twelve months with a balance of zero will be systematically closed. In the event of an impossibility to refund, the USER shall provide his updated bank information to issue a transfer.
20. APPLICABLE LAW AND RELEVANT JURISDICTIONS
It is expressly stated that the Terms of Use herein are governed by French law. Any dispute that may arise from the execution of the contract herein will be submitted to the competent courts of Paris.
21. Particular case: extinctive management regarding loans
Regarding loans, the platform must enter into a contract directly with a payment service provider or an agent of payment services relative to the extinctive management of its loaning activities, in the event that it would no longer be able to keep on exercising them. MIPISE will provide all of the information in this regard.
22. LEGAL DISCLAIMER
22.1 MIPISE website publisher: the MIPISE Website is published by the company MIPISE, a simplified joint-stock company with a capital of 56 416 €, with a head office located at 48 rue de Paradis 75010 Paris France, registered in the Trade and Companies Register of Paris under the number 791 653 850
22.2. Host of the MIPISE Website: HEROKU
23.3. Contact for any claims contact@mipise.com.
24.4. Any complaint must be addressed to Mr. Michel IVANOVSKY- President of the company MIPISE at the following address: MIPISE Company - 48 rue de Paradis 75010 Paris France.
