Version dated 01 July 2022.
The website which is accessible online at https://www.napbots.com/ (hereafter referred to as the “Website”), is edited by Napoleon Group, a company incorporated in France (registered in Paris under number 882 455 108) having its registered office at 11 Rue Paul Lelong 75002 Paris (hereafter referred to as “Napoleon Group”). Napoleon Group is an affiliate of Coinshares International Limited, a company incorporated in the Island of Jersey, Channel Islands (registered number 102185) having its registered office at 2nd Floor, 2 Hill Street, St. Helier, JE2 4UA, Jersey (hereafter referred to as “Coinshares”).
Any use of the Website by a Subscriber or User (as defined below) involves full application of these Terms and Conditions of Use (hereafter referred to as the “TCU”). Before any use of the Website, each Subscriber or User must read these TCUs carefully.
Article 1. Definitions
The following terms, when used in these TCU, shall have the following meaning, it being noted that the definition given for a term shall apply whether the term is used in the singular or in the plural:
- “crypto-asset”: means a digital representation of value or a right that uses cryptography for security and is in the form of a coin or a token or any other digital medium which may be transferred and stored electronically, using distributed ledge technology of similar technology..
- “User(s)”: means any person who uses the Website in order to obtain information on crypto-assets and on Services offered by Napoleon Group.
- “Services”: means the services described in the Napoleon GroupTerms and Conditions of Use of Software.
- “Subscriber(s)”: means any natural adult person or legal person who holds a Subscriber Account and who uses the Services in their professional activity.
- “Subscriber Account”: means the Subscriber’s personalised online space which allows them to access the Services available via the Website.
Article 2. Purpose
The purpose of these TCU is to set rules for the use of the Website by (i) Subscribers, and (ii) Users who wish to obtain information on crypto-assets and more generally on the Services offered by Napoleon Group. The Website is intended to, amongst other things, provide information and financial data on the crypto-asset market.
Article 3. Creation of a Client Account
3.1. In order to use the Services via the Website, the Subscriber must first create a Subscriber Account by providing their name, an email address, a password and must subsequently login every time they access the Website.
3.2. When creating the Subscriber Account, the Subscriber must ensure that the data they provide is accurate and complete. The Subscriber undertakes to promptly update any information related to them on the Website if such information is no longer relevant or becomes outdated.
3.3. The creation of the Subscriber Account by the relevant Subscriber on the Website shall be approved by Napoleon Group only after the Subscriber Account creation form completed by the Subscriber is reviewed. The Subscriber shall receive an email confirming their registration.
3.4. The Subscriber undertakes to protect their login information and password in order to maintain their confidentiality in respect of third parties. The Subscriber is solely responsible for their login information and for the safety of the access to their Subscriber Account. Napoleon Group may not be held liable in the case of negligence on part of the Subscriber in this regard or in the case of fraudulent access to a Subscriber Account.
Article 4. Obligations of the users
4.1. When using the Website, Subscribers and/or Users undertake not to:
- provide misleading, false or defamatory information and data;
- disturb the proper operation of the Website;
- provide viruses or other technology that may harm Napoleon Group or the interests or property of Users;
- use bots, scraping or any other automated process to access the features of the Website without being authorised to do so;
- export or re-export a Napoleon Group application or tool without prior, formal and express consent from Napoleon Group;
- copy, change or distribute the contents of the Website and trademarks without Napoleon Group’ prior, formal and express consent;
- copy, reproduce, reverse-engineer, change, create derivative works from, distribute or disclose to the public any content (except their own information) from the Website without prior, formal and express consent from Napoleon Group or from the third parties involved, where relevant;
- market a solution developed by Napoleon Group or software or information related to this application;
- usurp the identity of another person;
- gather, combine, send to other media, make public, publish or disclose data related to Website, Subscribers and/or Users or related to their activities on the Website, including data related to transactions, their number, type, price, etc.
4.2. In the event of a breach of these TCU by a Subscriber and/or User, Napoleon Group may, at its sole discretion, temporarily or permanently suspend the relevant User’s access to the Website and to their Subscriber Account in particular.
4.3. Napoleon Group may, at any time and at its sole discretion, reorganise the Website, the advertising spaces or any information on the Services.
Article 5. Access to the Website
5.1. The Website is provided “as-is” and is accessible depending on its availability. Napoleon Group uses its best efforts to ensure the Website is available at all times, independently from scheduled maintenance, but cannot in any way guarantee such availability.
5.2. Napoleon Group does not provide any guarantees, explicit or implied, on the quality and compatibility of the Website, the networks, connections and services provided with the computer equipment used by Subscribers and/or Users.
5.3. The nature of crypto-assets may lead to a higher risk of fraud or cyber-attack, and means that the technological difficulties encountered by Napoleon Group may prevent use of or access to the Website.
Article 6. Liability
6.1. The information and financial data available on the Website is provided for information purposes only, even though they have been prepared using reputedly reliable sources at the time of publication. The relevant contents are therefore provided, except where explicitly stated otherwise, only for information purposes and should not be construed as investment advice or as personalised recommendations, investment research or distribution of financial analysis. Napoleon Group therefore disclaims in advance any liability in the use of such contents, whatever the nature of such use, in particular in the case of a financial loss and whatever the amount of such loss.
6.2. Subscribers and Users understand and agree that Napoleon Group shall not be liable for:
- the actions and omissions of other Users,
- any content or information presented on the Website, the themes, their accuracy, their completeness and/or their compliance with applicable law.
6.3. Napoleon Group makes no guarantee that the functions or information of the Website will be maintained without interruption, bugs or errors, nor that such website or the server on which it is hosted shall be free of viruses or dangerous components.
6.4. Furthermore, Napoleon Group makes no guarantee and shall not be liable for any damages or losses related (i) to the elements and information on the Website, to the use or the results of the use of the Website’s functions, to their truthfulness, accuracy, reliability or other, or (ii) to the protection of any data or information provided on the Website, or (iii) to the accessibility and availability of the Website and, concurrently, of the Services.
Article 7. Intellectual Property
7.1. Napoleon Group holds all intellectual property rights related to the Website and its contents, including, but not limited to, the graphical charter, the logos, photos, articles and other editorial content, its system (the catalogue, their distribution, etc.), the design of the Website and the software used by the Website, included trademarks and domain names.
7.2. As such, except prior, formal and express consent from Napoleon Group, the Subscriber and/or User shall not make any copy, representation, adaptation, translation and/or change, whether partial or complete, or transfer to another website of any component of the Website. Failure to comply with this prohibition may constitute fraud, resulting in the civil and criminal liability of the person responsible.
Article 8. Personal Data
8.1. Napoleon Group will be required to collect, use and store for some time certain information related to the Users and Subscribers, which are categorised by applicable regulation as “personal data”, in particular for the purposes of, but not limited to, providing the Services or improving the contents and functions of the Website.
8.2. The use of personal data by Napoleon Group is governed by Regulation (EU) 2016/679 called “General Data Protection Regulation” or “GDPR*”* as implemented into domestic law.
8.3. The personal data of Users is collected and processed by Napoleon Group as Data Controller, as defined in the GDPR, as implemented into national law, during the use of the Website by such Users and the personal data of Subscribers are collected and processed during the creation and use of their Subscriber Accounts.
8.4. User data collected during the use of the Website and during the creation and use of the Subscriber Account shall be stored, in a technologically secure environment, in accordance with GDPR, as implemented into national law.
8.5. Pursuant to regulations, any User or Subscriber shall have a right to access, rectify and, in certain cases, object to the processing, ask for the restriction of the processing, or the erasure and portability of the data and, where relevant, the deletion of personal data related to them. Furthermore, any User or Subscriber shall have the right to make a claim to a supervisory authority.
8.6. Personal data may be processed by companies that are part of the CoinShares Group of companies within the EU and outside the EU including on the Island of Jersey where our Group headquarters are located and which the European Commission has deemed to have adequate levels of data protection to those within the EU.
Article 9. Application Law and Jurisdiction
The TCU and any non-contractual obligations arising out of or in connection with the TCU will be governed by and construed in accordance with the laws of France. Subscribers, Users and Napoleon Group irrevocably agree for the benefit of each other that the courts of Paris Commercial Court France shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with the TCU.