Terms and Conditions for the Payment Solution

Please note that this document has been translated into several languages for the convenience of our readers. In the event of any discrepancy, the English version shall prevail.

Overview
‍Mangopay S.A. is a limited liability company with its registered office at 2, Avenue Amélie, L-1125 Luxembourg, and registered with the Luxembourg Commercial Register under number B173459.

Mangopay S.A. (“Mangopay,” “we,” “us,” “our”) has developed an API for online platform operators that allows them to integrate a payment solution (the “Mangopay solution”) into their websites or mobile applications, through which Mangopay processes payments between users.

To process these payments, Mangopay holds an electronic money institution license that allows it to provide payment services throughout the European Economic Area. This license was issued by the Commission de Surveillance du Secteur Financier [Commission de Surveillance du Secteur Financier] (283 route d’Arlon, L-1150 Luxembourg, www.cssf.lu) and can be viewed on the CSSF’s official website and in the official European register (Euclid).

‍Section 1. Definitions
‍The following highlighted terms used in Mangopay’s General Terms of Use shall have the meanings set forth below.

- External Account: refers to the external payment account or external bank account opened with a third-party PSP that you provide to us so that we can credit funds from your Mangopay account to it.

- Mangopay Account: refers to the account we have opened in your name to record the transactions we process on your behalf.

‍- General Terms and Conditions: refers to these Mangopay General Terms and Conditions of Use.
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Platform Agreement: refers to the agreement you have entered into with the partner to use its services and platform.

‍- Supporting Document: refers to any supplementary document we request from you to validate or verify your identity.
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Data: refers to your personal data that Mangopay collects and processes in connection with the provision of Mangopay services.

‍- Identity Data: refers to the information you must provide to us to sign up for Mangopay services.

- Interface: refers to the user interface that the partner makes available to you on its platform (its website and/or mobile app).
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AML/CFT: stands for “anti-money laundering and counter-terrorism financing.”
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Payment method: refers to an external payment method and/or a Mangopay payment method.

‍- External payment method: refers to the payment methods and/or instruments offered to a payer by a third-party payment service provider to carry out a transaction on the platform.

‍- Mangopay payment methods: refers to the payment methods and/or instruments accepted by Mangopay and offered to a payer to complete a transaction on the platform.
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‍- Partner: refers to the entity that operates the platform (the website and/or mobile app) you use and that has integrated the Mangopay solution to process payments on its platform.
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‍- Payer: refers to a person who makes a payment to you on the platform through the Mangopay solution.
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‍- Platform: refers to the website or mobile app operated by the Partner that integrates the Mangopay solution to process payments via the payment methods.
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‍- PSP or third-party PSP: refers to any payment service provider other than Mangopay.
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‍- Payment services: refers to certain payment services defined in EU Directive 2015/2366 (also known as “PSD2”) that we provide to you in connection with your use of the platform. These services include the acceptance and processing of transactions to transfer the corresponding funds to you, as described in Article 4 of the General Terms and Conditions.
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‍- Mangopay Services: refers to all the services we provide to you: the payment services associated with your Mangopay account, the ability to request refunds, as well as any other services described in these General Terms and Conditions, their annexes, or any applicable specific terms and conditions.
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‍- Transaction: refers to the funds transferred to you by a payer and collected by us on your behalf for allocation to you.
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‍Section 2. Purpose and Scope of the General
Terms and Conditions ‍These General Terms and Conditions govern the Mangopay services we provide to you. When we refer to “you” (or “your”), we mean any person who subscribes to the Partner’s services (through the Partner’s platform) and who uses Mangopay services to receive payments related to their activities on the Partner’s platform. Mangopay services may only be used in connection with your transactions on the Partner’s platform.

These General Terms and Conditions do not apply to any person who has accepted them online but does not fall under the circumstances described above. In particular, these general terms and conditions do not apply to individuals who use the platform for the sole purpose of making a payment to another user using one of the available payment methods. We invite these individuals to review our privacy policy (https://mangopay.com/privacy-statement) to learn more about the specific details of the data we collect when processing their payments.

We have instructed the partner to assist you throughout your use of the Mangopay services. Therefore, if you have any questions regarding these general terms and conditions, we encourage you to first contact the platform’s customer service. You agree to comply with the general terms and conditions, as well as any applicable specific terms and conditions.

Section 3. Subscription to Mangopay
Services ‍
3.1. Eligibility
Requirements ‍The requirements for accessing our Mangopay services depend on your status. The specific conditions for each status are described below.

If you are an individual acting in a non-professional capacity ‍To
subscribe to and use Mangopay services as an individual acting as a consumer, you represent and warrant that

: - you are at least 18 years of age;
- you have the legal capacity to accept these Terms and Conditions and to use Mangopay services;
- you are not acting in the course of a professional activity (commercial, industrial, artisanal, liberal, or agricultural);
- all information provided when signing up for or using Mangopay services is truthful, accurate, and up-to-date;
- you are registered with the Partner as a person acting for non-professional purposes;
- you are acting in your own name and on your own behalf when using Mangopay services;
- you are not engaging in activities prohibited by law;
- you are not participating in any activity prohibited by Mangopay. Prohibited activities are listed on our website (https://mangopay.com/prohibited-businesses).

‍If you are a legal entity (for example, a company or an association) ‍To
sign up for and use Mangopay services on behalf of a legal entity, you represent and warrant that:

‍- you are a legal representative of the legal entity and have full authority to legally bind it to these general terms and conditions;
- all information provided when signing up or using Mangopay services is true, accurate, and up to date
; - the legal entity is duly incorporated as a company, association, or otherwise, and is registered in a country authorized by Mangopay. The authorized countries are listed on our website (https://support.Mangopay.com/s/article/which-are-the-authorized-countries-where-you-can-process-payments?language=en_US);
- the partner platform indicates that the legal entity operates professionally or, where applicable, for nonprofit purposes if it is a nonprofit organization;
- the legal entity acts in its own name when using Mangopay services;
- the legal entity does not engage in activities prohibited by law;
- the legal entity does not carry out any activities prohibited by Mangopay. Prohibited activities are listed on our website (https://mangopay.com/prohibited-businesses).

‍If you are an individual acting for professional purposes
‍To sign up for and use Mangopay services, you represent and warrant that:
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all information provided when signing up for or using Mangopay services is true, accurate, and up to date;
- you regularly carry out your professional activities in accordance with the regulations of the country in which you operate and, if required by such regulations, you are duly registered and/or licensed with the competent authorities (including tax authorities) and/or the relevant registries of a State party to the Agreement on the European Economic Area or a third country that imposes equivalent obligations regarding AML/CFT;
- you are registered on the partner’s platform as a person acting for professional purposes;
- you are acting on your own behalf when using Mangopay services;
- you are not engaging in any activity prohibited by Mangopay. Prohibited activities are listed on our website (https://mangopay.com/prohibited-businesses).

‍3.2. Subscription
Terms ‍To subscribe to Mangopay services, you must follow the registration procedure specified by the partner. Unless otherwise specified by the Partner, the General Terms and Conditions are entered into remotely via the Partner’s interface and confirmed through an online acceptance procedure. In this regard, you must have the appropriate equipment (hardware and software), for which you are solely responsible. The effective date of the General Terms and Conditions is the date on which you completed the acceptance process on the partner’s interface (or, if applicable, the date on which you manually signed the General Terms and Conditions if the partner has offered you that option).
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3.3. Required
Information and Documents ‍The regulations to which we are subject require us to identify you and verify your identity in order to provide you with Mangopay services. As part of your subscription to Mangopay services, you must provide us with all required identifying information and supporting documents through the partner interface. This information must be accurate, complete, and up to date. The following is a list of the required identifying information and supporting documents:

‍We reserve the right to update this list at any time, depending on changes to the regulations to which we are subject. We may also ask you to provide us with updated identification information and supporting documents as part of our obligation to keep user information current.

If the information provided (identification details and supporting documents) is incomplete or incorrect, the provision of Mangopay services may be limited or suspended. In addition, we may request any other additional documents we deem necessary for our AML/CFT controls.
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3.4. Limited Use of Mangopay
Services ‍‍If you have not provided your identification information or supporting documents, Mangopay services may be suspended or limited to certain transactions that do not exceed a specified amount, in accordance with the legal obligations applicable to Mangopay regarding AML/CFT.

For example, limitations on Mangopay services may restrict your ability to transfer all or part of the funds held in your Mangopay account to your external account in accordance with Section 3.7, or to receive payments in accordance with Section 3.5. These limits will apply until you have submitted the required supporting documents and we have verified your identity. Other limits may also apply; you will be notified of them on the platform as appropriate.

Once you have provided the required information (identification details or supporting documents) and we have accepted your registration, we will remove the restrictions on the use of Mangopay services described above.

‍3.5. Receiving Payments (Transactions) and Issuing Refunds
3.5.1. Transactions Made Using a Mangopay
Payment Method ‍The following provisions apply if the partner has integrated one or more Mangopay payment methods into their platform. The payment methods provided by Mangopay are identified as such on the platform. Mangopay services allow you to receive payments from a payer as part of a transaction conducted on the platform. We collect these transactions and credit them to your Mangopay account. To complete a transaction, payers can choose from the Mangopay payment methods available on the partner’s platform, under the terms we have agreed upon with the partner. The available Mangopay payment methods may vary from time to time; the partner displays them to payers, and they may include, among others, card payments, receipt of transfers (SEPA or international), and receipt of direct debits. Transactions we receive on your behalf are recorded in your Mangopay account, provided we have received the funds from the payer’s PSP. If funds from a transaction are not received due to technical issues, we will make every effort to complete the transaction in your Mangopay account.
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Disputing transactions we have received on your behalf - Depending on the Mangopay payment method used by a payer, the payer may have the right to dispute a transaction in accordance with the rules of that Mangopay payment method, even in the absence of fraudulent grounds. This is particularly the case for Mangopay card and debit payment methods. If the payer disputes a transaction and we are required to refund the funds to the payer via the Mangopay payment method used for the transaction, we reserve the right to deduct the corresponding amount from your Mangopay account, including through setoff. In this case, we may proceed to cancel the disputed transaction in whole or in part. If applicable, we may also recover, by any means, the amount corresponding to the refund of funds for each transaction if you do not have sufficient funds, without prejudice to our legal right to subrogate your rights in order to recover, by any means, the amounts owed by the payer.

Mangopay Services, Including the Receipt of Payments in Other Currencies - Upon receiving a payment from a payer in connection with a transaction conducted on the platform, and unless you instruct us otherwise, we reserve the right to allow a payer to make a payment in a currency other than that of their Mangopay account. In such cases, the payer will be offered a currency conversion service so that they can pay in the currency of their country of residence or of their payment method. If the payer chooses to use the currency conversion service for the transaction, they will be informed of the fees for this service (exchange rates and commissions). Mangopay will not charge you a currency conversion fee when this service is offered to the payer. Transactions we receive on your behalf in a different currency after the payer uses the currency conversion service will be credited to your Mangopay account at no additional charge to you.

Transaction Refund - If you wish to refund a payer in connection with a transaction, you may request the full or partial cancellation of a transaction that we have received on your behalf in accordance with this section.

Cancellation of the transaction will only be possible if funds corresponding to the amount to be refunded are available in your Mangopay account. The full or partial cancellation of the transaction will be carried out using the Mangopay payment method initially used by the payer for that transaction, subject to the rules governing each Mangopay payment method (specifically, card regulations and SEPA rules), no later than ten (10) business days following receipt of the refund request.

For various reasons, the cancellation of a transaction may not be possible in all cases (for example, when the refund occurs more than 11 months after the date of the transaction subject to the refund for Mangopay payment methods such as cards). In this case, the transaction will be refunded to the payer via another payment method.

You agree that the Partner will send us directly any information we may need to process a refund.

‍3.5.2. Transactions Processed Through an External
Payment Method ‍The following provisions apply if the Partner has integrated one or more external payment methods into its platform. The third-party PSP selected by the Partner makes the external payment methods available to payers, in accordance with the terms agreed upon between the Partner and the third-party PSP. The third-party PSP processes the transactions, which the third-party PSP itself or the Partner is responsible for delivering to Mangopay. Transactions we receive on your behalf are credited to your Mangopay account, provided we have received the funds from the payers. If the funds are not received due to technical issues, we will do our best to complete the transaction.

Payor Dispute—Please be advised that the payer has the right to dispute any transaction with their own PSP up to thirteen (13) months after the date the account linked to the external payment method used for the transaction was debited. These disputes are handled exclusively by the partner; we encourage you to contact the partner directly for any dispute-related requests.

Transaction Refund - If you wish to refund a payer, you can request the cancellation of a transaction. If your refund request is initiated more than one day after the transaction date, we can only proceed if the funds we hold on your behalf are sufficient to cover the request.
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3.6. Crediting Funds to Your External
Account ‍(i) Registering an External
Account Funds held in your Mangopay account will be credited exclusively to an external account opened in your name with a third-party PSP. To this end, you must register an external account. You must provide the following information via the platform interface: IBAN number, BIC (optional), your last name, your first name, and your exact mailing address as the holder of an external account. You can add or modify your external account at any time through the platform interface, provided that you follow the procedure for setting up the external account as specified by the partner on the platform.

You are not authorized to register as an external account an account of which you are not the account holder. ‍‍

(ii) Transfer of Funds to Your External
Account We will make payments to your external account automatically and periodically (except where Section 3.7 applies). In this regard, you agree that the partner may directly provide us with information regarding the frequency of payments to your external account. In some cases, you may change the payment frequency via the platform interface on a one-time or permanent basis.

We may block a payment if we suspect fraudulent or unlawful use of the Mangopay account, a breach of the Mangopay account’s security, or for AML/CFT reasons, including if an administrative authority imposes asset freezing measures against you, or for any other reason set forth in Section 7.

If you notice that a payment has been processed incorrectly, you may report this to the platform’s customer service. If the error is attributable to us, we will rectify the situation as soon as possible.

The crediting of funds to your external account is strictly contingent upon your compliance with the obligations to submit identity verification documents, as set forth in Section 3.3.

‍‍(iii) Currency of Fund
Disbursement In principle, funds recorded in your Mangopay account will be credited to your external account in the currency in which the transactions were recorded in your Mangopay account and in which you expect to receive payment. We recommend that you verify whether the PSP holding the external account may charge additional fees if the currency of payment for the funds specified in your Mangopay account is not the same as the currency of your external account.

Unless you expressly instruct us otherwise, when we observe that the currency of your Mangopay account is not (and) the official currency of the country in which you reside or (z) the currency specified for your external account,9 we may convert the amount of funds to be credited from the currency of your Mangopay account to the currency of your country for the external account. In this way, you will receive the funds directly in the currency of your country of residence or the currency specified for your external account.
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3.7. Other Services
If the platform offers you the option to use the available balance in your Mangopay account to transfer funds to another platform user, the specific terms regarding the reuse of funds will also apply; you can view them here: Specific
Terms ‍
3.8. Fees Payable to the Partner
You authorize Mangopay to deduct from your Mangopay account the fees agreed upon between you and the partner in the platform agreement in connection with the services provided by the partner. In this regard, you agree that the partner may notify us of the amounts due. In the event of a dispute regarding the amount of the fees agreed upon between you and the partner and which we have deducted, please contact the platform’s customer service.

‍3.9. Protection of Funds
The funds we hold on your behalf are protected in accordance with the terms of Article 24-10 (5) and Article 14 of the Law of November 10, 2009, published in the Grand Duchy of Luxembourg’s Memorial A No. 215 of November 11, 2009.

‍3.10. Suspension of Your Mangopay Account and Mangopay Services We
may suspend your Mangopay account and Mangopay services for reasons related to the security of the Mangopay account, due to suspected unauthorized, illegal, or fraudulent use of the Mangopay account and/or Mangopay services, in the event of serious breaches of these General Terms and Conditions, substantiated suspicions of money laundering or terrorist financing, asset freeze measures imposed against you, or upon a justified request from our banking partners or card networks when they deem that your use of Mangopay services violates their rules. For any questions regarding the blocking of your Mangopay account or the suspension of Mangopay services, we invite you to first contact the platform’s customer service. Please note that, in some cases, the law prohibits us from disclosing the reasons for the blocking of your Mangopay account or the suspension of Mangopay services. In

addition to complying with the restrictive measures and sanctions provided for by European Union law, Mangopay, as a subsidiary of a company headquartered in the United States of America, is required to comply with economic sanctions and other restrictive measures imposed, in particular, by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury. This means that we will be required to immediately restrict a transaction, suspend or cease providing all or part of the Mangopay services to you, or terminate these general terms and conditions immediately if we detect that you are a person designated in OFAC measures/sanctions, or that transactions in your Mangopay account involve, more generally, (i) persons, (ii) countries, or (iii) specific products or services originating from certain countries or geographic areas covered by OFAC, in addition to the trade restrictions imposed by related laws and regulations.

We will unblock your Mangopay account and Mangopay services once the reasons that justified the block no longer exist. ‍3

.11. Security
We make every effort to ensure the confidentiality and security of your Mangopay account. We may temporarily suspend the use of your Mangopay account or Mangopay services for technical, security, or maintenance reasons, without such actions giving rise to any compensation. We will limit such interruptions to what is strictly necessary. You must take all reasonable measures to monitor and ensure the security of the devices you use to access the Mangopay platform and services.

If you are a legal entity, you must also ensure that only individuals authorized by you use the Mangopay services. You are fully responsible for the use of Mangopay services and for access to the Mangopay account by any person authorized by you in this regard. We cannot be held liable in this regard, except in the event of proven negligence on our part.

‍3.12. Prevention of Money Laundering and Terrorist
Financing We are subject to applicable regulations regarding the prevention of money laundering and terrorist financing (AML/CFT). In order to provide you with payment services, we are required by law to identify you and verify your identity, as well as that of your beneficial owner if you are a legal entity. In some cases, we may also need to obtain information regarding a transaction (such as its purpose, origin, or destination) or the use of your Mangopay account. Therefore, if we determine that the information we have is insufficient, or if this information reveals any issues related to money laundering or terrorist financing, we may suspend your use of your Mangopay account and the provision of Mangopay services at any time, without prejudice to our right to request termination of the general terms and conditions governing our relationship, if we believe that continuing to provide you with Mangopay services would prevent us from complying with our AML/CFT obligations.

Please be advised that the Mangopay services we provide to you may be subject to our right to report information to the competent authorities, such as the national financial intelligence unit. No lawsuit or civil liability action may be brought, nor may any professional sanction be imposed against Mangopay, its directors, or its agents who have reported the suspicious activity in good faith to their national authority.

Section 4. Amendment, Term, and Termination of the Agreement
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4.1. Amendment of the General
Terms and Conditions ‍We may amend the General Terms and Conditions at any time. You will be notified of any amendments via the platform or by Mangopay. If it becomes necessary to amend the General Terms and Conditions due to legislative or regulatory provisions, the relevant amendments will take effect immediately. In such cases, you will be informed of any amendments at least two (2) months before they take effect, and you will have the option to reject the amendments by notifying us of your objection, as well as to terminate these General Terms and Conditions by contacting the platform’s customer service or Mangopay. Your objection, including termination of these General Terms and Conditions, must be notified in writing before the proposed amendments take effect. If you do not notify us of your objection, we will consider the proposed amendments to have been accepted. The new version of the General Terms and Conditions will be effective as of the date they take effect. You acknowledge that your continued use of Mangopay’s services after the effective date of the updates constitutes acceptance of the amendments.

‍4.2. Term and Termination
‍These General Terms and Conditions are entered into for an indefinite term and become effective once you have accepted them.

You may terminate these General Terms and Conditions at any time. We may also terminate the General Terms and Conditions at any time with two (2) months’ notice. Regardless of whether the termination is initiated by you or by Mangopay, it must be notified to the other party by any means, including email. If you wish to terminate via email, a termination initiated by you may be sent to the platform’s customer service department or to Mangopay at the following address: eu-account-closure@mangopay.com. You agree that the partner may forward your termination request to us when appropriate. If an investigation is ongoing at the time of your request to cancel your Mangopay account, we may suspend your Mangopay account as set forth in Section 4.6.

We may also terminate these General Terms and Conditions by simple notice (including via email) without prior notice in all situations described in Section 7, as well as in the following cases: serious breaches of these General Terms and Conditions; failure to comply with the eligibility requirements set forth in Section 3.1; refusal to provide the required documents set forth in Section 3.3; fraudulent or unlawful use of Mangopay services; substantiated suspicion of money laundering or terrorist financing; upon a justified request from our banking partners or card networks when they deem that your use of Mangopay services is contrary to their rules; or if you are subject to restrictive measures or economic sanctions, or if one of your transactions is subject to such measures.

The General Terms and Conditions will also be automatically terminated in the following cases
: - if your Mangopay account becomes inactive, as defined below;
- if your platform agreement is terminated (at your initiative or that of the partner).

Please note that the termination of the General Terms and Conditions (and, consequently, the closure of your Mangopay account) will only take effect once your Mangopay account balance is zero.
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4.3. Inactivity
‍Your Mangopay account will be considered inactive if no transactions have been recorded in your account for two (2) years (excluding administrative fees). If the balance of your inactive Mangopay account is positive, you will receive an inactivity notification. If your Mangopay account has a positive balance and you do not demonstrate your intention to continue using Mangopay services, you must transfer the funds to an external account in your name to allow for the closure of your Mangopay account; alternatively, when possible, the funds on record will be automatically deposited into your external account. In the event that we are unable to credit the funds to you, we will continue to manage your assets with due diligence; in exchange, we reserve the right to deduct an administrative management fee of thirty (30) euros per year.

These administrative management fees will be limited to the available positive balance in the Mangopay account. Once the balance of your Mangopay account reaches zero, the account will be automatically closed and these general terms and conditions will be permanently terminated. Until you come forward to claim the funds held in your Mangopay account, the account will remain frozen and will be maintained for the sole purpose of transferring the amounts due to the external account you have specified, without prejudice to any administrative management fees that Mangopay may charge.

In the event of death, the balance may only be refunded to your beneficiaries. The Mangopay account will no longer allow payment transactions to be executed.
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4.4. Consequences of the Termination of the Contract Between Mangopay and the Partner
‍Please be advised that if the contract we have entered into with the partner for the integration of the Mangopay solution is terminated, we will terminate these General Terms and Conditions subject to the notice period specified in Section 4.2.

If applicable, if the balance of your Mangopay account is zero, it will be automatically closed at the end of the notice period, and the general terms and conditions will be deemed terminated.

If your Mangopay account balance is positive, you must transfer the funds to an external account of which you are the account holder in order to close your Mangopay account. If you do not transfer your funds, we will continue to manage your assets with due diligence, in accordance with the provisions below.

If the member stops using Mangopay services, their Mangopay account will be considered inactive if no transactions have been recorded in it for one (1) year (excluding administrative fees). You will receive an inactivity notification via email from the platform or from Mangopay, inviting you to contact Mangopay in accordance with the procedure outlined in the notification itself. If you are unable to transfer funds from your Mangopay account to your external account, Mangopay will hold your funds in exchange for an administrative fee of thirty (30) euros per year.

These administrative fees will be limited to the positive balance available in the Mangopay account. Once the balance of your Mangopay account reaches zero, the account will be automatically closed, and these general terms and conditions will be permanently terminated.

Until you come forward to claim the amounts held in your Mangopay account, the account will remain open for the sole purpose of transferring the amounts due to the external account you have specified, without prejudice to any administrative fees that Mangopay may charge.

In the event of death, the balance may only be refunded to your beneficiaries in accordance with Article 4.5. The Mangopay account will no longer allow payment transactions to be executed.
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4.5. Death (Individual)
‍In the event of death, we will cease providing Mangopay services. We will also restrict payments to the external account until we receive instructions from the beneficiaries or the notary handling the estate. Your funds may only be transferred to your beneficiaries once they submit the documents that allow us to verify their legitimacy and identity.
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4.6. Consequences of Termination
‍In the event of notice of termination of the General Terms and Conditions, you will no longer be able to use Mangopay services, and your Mangopay account will be restricted to the transactions necessary to transfer the funds held in your Mangopay account to your external account. Any funds we hold in your Mangopay account will be transferred to your external account provided that the identification requirements set forth in Section 4.3 are met. Once your Mangopay account balance reaches zero, the account will be permanently closed and the General Terms and Conditions will be terminated.

Section 5. Fees
‍We do not charge any fees for the use of Mangopay services, except in the event of inactivity in your Mangopay account, as set forth in Section 4.3.

Section 6. Limitation of Liability
‍Our liability is limited to the provision of Mangopay services. We do not intervene in any legal or commercial relationship, nor in any dispute between you and the partner, between you and a payer, or between you and any other user of the platform. We exercise no control over the performance or characteristics of the products and services for which we process payments. We are not a party to the contract between you and a payer or between you and the partner; consequently, we cannot be held liable for the breach or improper performance of obligations arising from such a contract, nor for any wrongful acts, misconduct, or negligence that any payer or partner may commit against you. The partner is solely responsible for the security of its platform, and you must contact the partner regarding any dispute related to the use of the platform. We are solely responsible for the security of the Mangopay solution.

Under no circumstances will we be liable in the event of (i) the blocking of the Mangopay account or suspension of Mangopay services carried out in the situations provided for in these General Terms and Conditions, (ii) the unavailability of the platform or its interface, (iii) unauthorized access to your interface or a breach of the platform’s security, (iv) interruption or disruption of our software and the computer systems used to provide the Mangopay solution, and (v) failure to perform or improper performance of the obligations arising from your contract with a payer or with the platform. In all cases, our liability is limited to compensation for direct damages related to our breach of any of our obligations under these General Terms and Conditions, except where such limitation is prohibited by applicable law.
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Section 7. Your Commitments
‍For as long as you use the Mangopay services, you agree to comply with the following conditions
:- your use of the Mangopay services does not contravene (i) public order, (ii) public morality, or (iii) applicable laws and regulations, and (iv) does not infringe the rights of third parties;
- you use the Mangopay Services exclusively for the purpose of conducting transactions under the Platform Agreement;
- you agree not to use the Mangopay Services for prohibited activities. The list of prohibited activities is available on our website (https://mangopay.com/prohibited-businesses);
- You agree not to impersonate any other person or entity, not to falsify or conceal your identity or age, and not to create a false identity.

In the event of a breach of these commitments, we may take a number of measures to protect Mangopay, at any time and at our sole discretion. In particular, we may, without prior notice, take the following actions
:- terminate these Terms and Conditions;
- restrict your Mangopay account or suspend Mangopay services;
- block your Mangopay account;
- refuse to provide you with Mangopay services in the future, including on other platforms;
- freeze your funds to the extent and for as long as reasonably necessary;
- reject any transaction at any time, in which case we will notify you of the rejection and the reasons for it within the limits imposed by law.

We have the right to pursue any private legal action to seek compensation for any damages we may suffer as a result of your breach of the obligations set forth in these General Terms and Conditions. If you observe a breach of the aforementioned obligations, you may contact us to report the actions in question via the following email address: compliance@Mangopay.com.
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Section 8. Protection of Your Personal
Data ‍We collect and process your personal data (“personal data”) in connection with the provision of Mangopay services. In accordance with European Regulation (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”), only the personal data strictly necessary to fulfill the specified purposes is processed. For more information about Mangopay’s processing of your personal data, please see our privacy policy at: https://mangopay.com/privacy-statement. For any questions or requests regarding the processing of your personal data, you may contact us at any time at: dpo.mangopay@mangopay.com.

By signing these general terms and conditions, you: (i) declare that you have read our privacy policy available on Mangopay’s commercial website at the following address: https://mangopay.com/privacy-statement; (ii) agree to review our privacy policy periodically, as you are aware that it may be updated in light of changes to our personal data processing activities or applicable regulations; in such cases, the most recent version published on the Mangopay commercial website shall always prevail; (iii) agrees, if acting as the legal representative of a legal entity or association and providing us with personal data relating to third parties, to inform the third parties in question of our privacy policy (https://mangopay.com/privacy-statement).

Section 9. General
Provisions ‍
9.1. Professional
Confidentiality ‍We are subject to strict professional confidentiality obligations. However, professional confidentiality may be waived pursuant to a legislative, regulatory, or precautionary provision, in particular at the request of supervisory authorities.

You agree that professional secrecy may be waived for the benefit of the service providers to whom we have outsourced operational functions. The service providers with whom we may share data subject to professional secrecy provide us with services related to fraud prevention, anti-money laundering, and countering the financing of terrorism, as well as the hosting and security of our technical infrastructure. The data in question includes your identifying information, as well as data related to transactions carried out through the use of Mangopay services. We may also share certain technical data related to the device you use (computer, phone, etc.), your electronic identifiers, your IP address, and information about your interaction with our partners’ platform for fraud prevention purposes. Our service providers are generally located in the European Union, particularly in Luxembourg, Poland, France, Ireland, and Germany. Some of these entities are also located outside the European Union and the European Economic Area (“EEA”), in the United States, England, and Canada, among other countries. In order to ensure the proper functioning of Mangopay’s services, you consent to your data being shared with entities within the group to which Mangopay belongs when such entities are involved in the provision of Mangopay’s services. Finally, you agree to waive professional secrecy in the context of legitimate requests from authorities empowered to require us to share certain information. You

also have the right to release us from professional secrecy by expressly informing us of the third parties you authorize to receive your confidential information, as well as the categories of data to be disclosed.
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9.2. Intellectual
Property ‍We retain all titles and intellectual property rights related to the Mangopay services we provide to you. This document does not transfer any of these rights to you.16You agree not to infringe upon Mangopay’s titles and rights, including the “Mangopay” trademark and logo. You also agree not to remove or modify any indication of the “Mangopay” trademark or any other intellectual property or proprietary rights appearing on any item supplied or made available by Mangopay.
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9.3. Force Majeure
‍In the event of a failure to provide Mangopay services, we shall not be held liable or in breach of these General Terms and Conditions if the cause of the breach is related to an event of force majeure, as defined by applicable law.
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9.4. Separability of Contractual
Provisions ‍If any provision of these General Terms and Conditions is declared invalid, it shall be deemed unenforceable and shall not invalidate any of the other provisions. In the event that one or more provisions of these General Terms and Conditions become obsolete or are declared as such by virtue of a law, regulation, or a final judgment issued by a competent court, the remaining provisions shall retain their scope and binding nature.
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9.5. Prohibition on Assignment
‍You may not transfer or assign to third parties the rights and obligations to which you are entitled under these General Terms and Conditions.
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9.6. Agreement on Evidence
‍You acknowledge that all information related to your use of Mangopay’s services and stored in our computer system in an unalterable, reliable, and secure manner shall be deemed authentic until proven otherwise.
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9.7. No Waiver
‍The fact that you or we do not exercise any of the provisions set forth in these General Terms and Conditions at any given time does not constitute a waiver of a right and does not preclude the exercise of such right or any other right at a later date.
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9.8. Complaints and Mediation
‍For any inquiry related to the use of Mangopay services, we invite you to first contact the platform’s customer service department. For complaints regarding Mangopay services or your Mangopay account, you may contact our complaints department at the following email address: complaint@mangopay.com.

You will receive a response as soon as possible and, at the latest, within fifteen (15) business days of Mangopay’s receipt of the complaint. However, for reasons beyond our control, Mangopay may not be able to respond within this fifteen (15)-day period.

In this case, we will send you a response specifying the reasons for this extension and the date by which we will provide you with a final response. In any event, you will receive a final response no later than thirty-five (35) business days after we receive your complaint.

Please be advised that the Luxembourg Financial Sector Supervisory Commission (CSSF) has jurisdiction to resolve, on an out-of-court basis, disputes regarding the application of these general terms and conditions. For more information about the CSSF and the conditions for such a recourse, please visit the CSSF’s website (https://www.cssf.lu/en/customer-complaints/).Please note that it is not possible to file a complaint with the CSSF if the request is clearly unfounded or abusive, if the dispute has already been examined or is currently being examined by another consumer protection body or by a court, if the request is submitted to the consumer ombudsman more than one year after the written complaint was filed with us, or if the dispute falls outside the consumer ombudsman’s jurisdiction. If you are a consumer, you may also submit your complaint through the European Commission’s online dispute resolution platform at https://webgate.ec.europa.eu/odr/. Mediation is an alternative mechanism that does not constitute a prerequisite for taking legal action.
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9.9. Language
‍‍Except in the case of public policy provisions (which shall apply only to the strict extent necessary to achieve their purpose), these general terms and conditions are concluded solely in English, and you agree that we may communicate with you in English. Any translation of these general terms and conditions is provided solely for your convenience and is not intended to modify the terms thereof.
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9.10. Applicable
Law and Jurisdiction ‍These General Terms and Conditions are governed by the laws of Luxembourg, except where public policy laws (such as local consumer protection laws) must be applied to the relationship between us. In the event of a dispute between us, you agree to the exclusive jurisdiction of the courts of Luxembourg. However, if you are a consumer, you may bring a claim before the courts of your place of residence or the courts of Mangopay’s registered office, in accordance with Regulation No. 1215/2012 of December 12, 2012.
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Specific Terms and Conditions for Mangopay Services in the Event of the Reuse of Funds Held in a Mangopay Account

Please note that this document has been translated into several languages for the convenience of our readers. In the event of any discrepancy, the English version shall prevail.

‍These specific terms apply when you have the option to (i) use the funds in your Mangopay account to transfer funds to the Mangopay account of another platform user, and (ii) receive transfers to your Mangopay account initiated from the Mangopay account of another platform user. This feature is only available if the partner has made this option available to you.

If the payer is also a platform user with a Mangopay account, you have the option to pay them using the funds available in your own Mangopay account. In these specific terms and conditions, this transaction is referred to as a “transfer.”

1. Transferring Funds from Your Mangopay Account to Another Mangopay
Account ‍You can use the funds in your Mangopay account to make a payment to the Mangopay account of another platform user. In this case, you must log in to the platform interface using the specified authentication procedure. Before initiating the payment, you must ensure that the available balance in your Mangopay account is sufficient to cover the transfer amount.

To make the payment to another platform user’s Mangopay account, you must specify the amount, the recipient, and any other information requested by the partner. Your payment instruction is irrevocable once you have confirmed the payment on the platform interface, and it will be considered immediate unless otherwise specified. We will execute your instruction as soon as possible and credit the funds to the Mangopay account of the recipient of the funds transfer. We may refuse to process the transaction if the instruction is incomplete or incorrect. We may block a transfer from your Mangopay account to another Mangopay account if we suspect fraudulent or unlawful use of your Mangopay account, a breach of security in your Mangopay account, or for AML/CFT reasons, including sanctions, restrictions, or asset freeze measures imposed against you by an administrative authority or in connection with the context of the transfer.
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Disputing a Transfer Initiated from Your Mangopay Account - If you wish to dispute a payment made to another platform user’s Mangopay account that you did not authorize or that was made incorrectly, we encourage you to first contact the partner’s customer service as soon as possible, or Mangopay’s customer service. If you use Mangopay services for non-professional purposes, you have thirteen (13) months from the date the charge was processed on your Mangopay account to dispute the transfer transaction.

If you use Mangopay services as a business, your dispute period is eight (8) weeks from the date the charge was processed on your Mangopay account. If we determine that the unauthorized payment was due to fraud, we will refund the transaction amount. However, you remain liable for any losses related to unauthorized payments if they result from fraudulent activity on your part or from your negligence regarding the security and access to your Mangopay account.

2. Receiving a Transfer to Your Mangopay
Account ‍You can receive funds via transfer to your Mangopay account from other platform users who have a Mangopay account. Funds received via transfer will be credited to your Mangopay account.
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3. Refund of a Received
Transfer ‍If you wish to refund a transfer related to a transaction, you may request the full or partial reversal of a transfer received in your account in accordance with this section. Canceling a transfer will only be possible if the funds corresponding to the amount to be refunded are available in your Mangopay account.
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