BLING's Terms of Service

GENERAL TERMS AND CONDITIONS OF USE FOR THE BLING MOBILE APPLICATION NOTICE

Users are invited read the following general terms and conditions of use for the Bling Mobile Application, applicable to French residents (hereinafter “T&C”). Users who do not reside in France should log in to the mobile application corresponding to their country of residence, where they will find the general terms and conditions of use that apply to them. The User is invited to read and accept the following terms and conditions (version 20210 722 , valid from 22 /0 7 /2021).

PREAMBLE

Sherwood SAS has developed a mobile solution intended to allow its Users and Beneficiaries to better manage their budget and to request repayable Advances using a mobile application.

The object of these T&C is to define the conditions for using the Bling Service. This Bling Service is offered by Sherwood SAS (hereinafter “ Sherwood SAS ”), a simplified joint-stock company (SAS) with a capital of € 541 , 147 .86, whose corporate offices are located at 9 Rue Charlot, Paris (75003), registered with the Paris Trade and Companies Registry (RCS) under the number 852 265 529, who may be contacted via email at contact@bling.eu, represented by 2L&P, having full powers for the following.

The Bling Service is dependent upon:

  • The bank account aggregation service Bridge by Bankin’ from our partner Bankin’, whom Sherwood SAS serves as distributor;
  • The customer knowledge services from Sum & Substance;
  • The services from our banking partners Railsbank and Stripe, for SEPA transfers, Bank Card payment processing, and direct debits.

In order to use the Bling Service, the User must first read and accept:

  • The general terms of use for Bridge by Bankin’ from our partner regarding the connection of the User’s Bank Account;
  • These T&C.

The User and Beneficiary should note that Sherwood SAS is neither a Financing Company nor a Credit Institution. Furthermore, Sherwood SAS is not certified as a Payment Institution. Therefore, Sherwood SAS is not a party to the contract between the User and the Bridge by Bankin’ service, as that agreement is regulated by the terms of use of Bridge by Bankin’, accepted by the User prior to using the Bling Service.

1. DEFINITIONS

All capitalized terms and expressions are defined as follows throughout these general terms and conditions.

The use of singular includes the plural and vice versa.

Advance : sum of money requested and transferred to the User (thereby becoming a Beneficiary) by Transfer. This Advance is repaid on the Repayment Date by Direct Debit or Bank Card.

Bank Account : euro-denominated bank account, held with a credit institution or payment institution established within the European Union.

Bank Card : payment method provided by the User in his or her Bling User Space.

Beneficiary : User to whom an Advance is transferred through the Bling Service. Every Beneficiary is a User.

Bling Mobile Application : application downloaded by the User from an online store, such as Google Play or the App Store, for the purpose of being installed on a smartphone.

Bling Service : all services provided by Sherwood SAS to the User and the Beneficiary once the Bling Mobile Application has been downloaded and the Bling User Space created.

Bling User Space: personal account created by the User in order to use the Bling Mobile Application.

Dashboard : the User’s personal space on the Bling Mobile Application.

Direct Debit : operation by which Sherwood SAS initiates in their favor a repayment and/or payment from the Bank Account of the Beneficiary. A Direct Debit will be made either under the name of Sherwood or Bling.

Express Transfer : option for the User enabling the payment of the Advance in the shortest time possible, following the User’s waiving of his or her right to withdraw within fourteen (14) days.

Identifier : data needed to identify a User comprising a user ID (the User’s valid telephone number) and a password.

Late Penalty : fee due to Sherwood SAS for any Advance repayment that occurs after the Repayment Date. This fee is equal to eight (8) percent of the Advance amount.

Personal Data : all information of a personal nature concerning a User, identified or identifiable natural person, directly or indirectly, by reference to an identification number or to one or more elements specific to that person.

Repayment Date : date approved by the User, between fifteen (15) and forty-one (41) calendar days following the confirmation date of the Advance request.

Scoring : methodology used by Sherwood SAS to determine the granting and amount of an Advance, specifically employing data collected by the Bridge by Bankin’ service from our partner Bankin’. Sherwood SAS conducts a Scoring of each User, in order to anticipate his or her ability to repay the agreed-upon Advance.

Transaction : equally denotes a Transfer, a Direct Debit, or a payment by Bank Card.

Transfer : operation by which the payment of the Advance is achieved, from the Bling Bank Account to the Beneficiary’s Bank Account. The Transfer will be made either under the name of Sherwood or Bling.

User : any natural person acting on their own behalf, having agreed to these T&C and opened a Bling User Space.

2. OBJECT AND ACCEPTANCE OF T&C

These T&C apply to Users and Beneficiaries. Their object is to define the conditions under which Sherwood SAS provides the User with the Bling Mobile Application which allows said User to access the Bling Service.

Unconditional acceptance by the User of the T&C in their entirety takes place according to a process which enables the assurance of his or her consent: The User is invited to read the T&C in their entirety. The User demonstrates his or her awareness and acceptance by clicking “I Understand”; all stipulations of the T&C become binding from that time.

The T&C constitute the Contract between the User in the first party and Sherwood SAS in the second party beginning from the User’s acceptance (hereinafter the “Contract”).

3. ENROLLMENT OF THE USER

3.1 NECESSARY CONDITIONS FOR ENROLLMENT

The User must be a natural person residing in France, at least eighteen (18) years of age, and legally capable. The User must be acting on his or her own behalf during the entire duration of the Contract and agrees to use the Bling Mobile Application exclusively for nonprofessional purposes.

To use the Bling Mobile Application, the User must have a personal telephone number and a personal email account.

The User, in order to become a Beneficiary in particular, must be a Bank Account holder and meet the conditions listed in article 4.1 of these T&C.

3.2 ENROLLMENT PROCEDURE AND OPENING OF A USER

SPACE WITH BLING

The User must download the Bling Mobile Application through an online store (App Store or Google Play). After agreeing to these T&C, he or she is then able to create a Bling User Space.

The User must provide an Identifier, composed of a user ID (the User’s valid telephone number) and a password of his or her choosing. The User is solely responsible for maintaining the confidentiality of this Identifier. The User accepts never to use the Bling User Space, name, or Identifier of another User at any time, nor reveal his or her Identifier to a third party. The User accepts to immediately notify Sherwood SAS at the following email address: contact@bling.eu, if he or she suspects any unauthorized use of his or her Identifier. The User is solely responsible for any use of his or her Identifier.

In order for Sherwood SAS to be able to provide the Bling Service to the User, the User must communicate his or her Bank Account information. This is the Bank Account where the User wishes Sherwood SAS to access the data necessary for User Scoring and, if applicable, proceed with Transfers. Sherwood SAS’s access to Bank Account data is achieved with the account aggregation service Bridge by Bankin’.

Sherwood SAS will not proceed to open the Bling User Space until all the required information has been received, it being specified that Sherwood SAS reserves the right to refuse the enrollment of any User, for example if there is suspicion of fraud.

The User must communicate to Sherwood SAS in writing any change pertaining to the information he or she has provided; this notification may take place via the modification process set out in the Bling Mobile Application or by email to contact@bling.eu. Failure to provide information about any change may result in the suspension of his or her Bling User Space.

The User guarantees that all information provided during their enrollment is true, accurate, and up-to-date.

3.3 USER DASHBOARD

Once enrollment has been completed, the User gains access to the Dashboard on which, if he or she is eligible, the following elements are presented:

  • Maximum Advance amount
  • Link for requesting an Advance

4. ADVANCE SERVICE

4.1 PRECONDITIONS

Any User who wishes to become a Beneficiary must first: 1. Communicate his or her bank information via the account aggregation service Bridge by Bankin’, as well as the IBAN of the Bank Account he or she has provided, if it has not been directly synced through the Bridge by Bankin’ service. 2. Provide a valid Bank Card through our partner Stripe, directly in the Bling Mobile Application. 3. Complete the customer knowledge process through the service provided by our partner Sum & Substance, directly in the Bling Mobile Application (submission of an identity document and facial recognition). 4. Meet the necessary conditions.

If the conditions are not met, the User cannot become a Beneficiary.

4.2 REQUESTING AN ADVANCE

If the preconditions in article 4.1 are met, the User may request an Advance, the maximum amount of which is shown on his or her Dashboard. This Advance is sent to the User via the Bank Account corresponding to the IBAN registered in the Bling User Space.

Once the Advance is validated, the User receives a confirmation email and becomes a Beneficiary. All Beneficiaries irrevocably undertake to repay the received Advance in its entirety.

4.3 REPAYING AN ADVANCE

On the Repayment Date, the Advance and, if applicable, fees associated with the Express Transfer service discussed in article 5, are paid by Direct Debit or Bank Card. There is no action required of the Beneficiary to effect repayment.

If repayment of the Advance and/or payment of fees associated with Express Transfer are declined, Sherwood SAS reserves the right to proceed with subsequent attempts via Bank Card charge and/or Direct Debit, if necessary by submitting several payment orders for an amount less than the total amount due from the Beneficiary.

If the Beneficiary wishes to effect repayment using a different Bank Account than the one provided in the Bling User Space, he or she may contact customer support at contact@bling.eu , at the latest one (1) business day before the Repayment Date.

4.4 MODIFYING REPAYMENT DATE

At the latest one (1) day before the Repayment Date, the Beneficiary may postpone the Repayment Date within the limit of forty-one (41) calendar days following the request date of the Advance. This modification is requested via the Beneficiary’s Dashboard and does not incur any additional fees.

5. EXPRESS TRANSFER SERVICE

A User awaiting the Transfer of an Advance may request an Express Transfer, subject to the User waiving the right to withdraw within fourteen (14) days.

Fees associated with subscription to the Express Transfer Bling Service amount to seven (7) euros. This sum is added to the amount of the Advance to be repaid.

Following subscription to the Express Transfer Bling Service, the User receives a confirmation email. Sherwood SAS automatically instructs its service provider to credit the User’s Bank Account in the amount of the pending Advance.

Sherwood SAS cannot be held responsible for delivery delays on the part of Railsbank or the establishment in which the User’s Bank Account is held.

6. BENEFICIARY DEFAULT AND LATE PENALTY

Beneficiary default occurs when there is a partial or complete nonrepayment of an Advance and, if applicable, fees associated with subscription to the Express Transfer Bling Service, and/or when a Direct Debit is not possible on the Beneficiary’s Bank Account on the Repayment Date.

Beneficiary default, lawfully and without prior notice, incurs payment by the Beneficiary of a Late Penalty amounting to eight (8) percent of the amount of the Advance. The Late Penalty will be added to the Advance amount and, if applicable, to any Express Transfer fees to be repaid.

If repayment of the Advance including Late Penalty is not made within thirty-five (35) calendar days after the date of Beneficiary default, Sherwood SAS reserves the right to take legal action against the Beneficiary without providing any prior notice.

7. RIGHT TO WITHDRAW

The User may withdraw within fourteen (14) calendar days following the conclusion of this Contract, without having to justify his or her reasons.

To exercise the right to withdraw, the User must notify Sherwood SAS of his or her decision to withdraw from this Contract by means of an unambiguous statement that clearly expresses his or her desire to withdraw, either by email at contact@bling.eu or mail at the following address: Sherwood SAS, 9 Rue Charlot - 75003 Paris.

The User may use a withdrawal form template, available upon request by email at contact@bling.eu. If the User uses this option, Sherwood SAS will immediately send acknowledgement of receipt of the withdrawal in hard copy.

Because the Bling Service is free, Sherwood SAS will not proceed to reimburse the User if he or she should withdraw.

Nevertheless, the User is reminded that in any event, he or she has the right to terminate the Contract at any time under the conditions described in article 10.1.

8. USER DISPUTE - CONTESTATION OF

TRANSACTIONS AND REPORTING

8.1 USER DISPUTE

The User must inform Sherwood SAS of a loss or theft of his or her Identifier, of any misappropriation, or of any unauthorized usage of his or her Identifier or other data, as soon as the User becomes aware of the issue, in order to request a hold. This declaration must be made directly via email to the following address: contact@bling.eu.

Sherwood SAS will immediately carry out the request for suspending the Identifier in question. The occurrence will be recorded and date-stamped. A written confirmation of this hold will be sent via email to the User in question.

Sherwood SAS keeps all information regarding this hold for eighteen (18) months. Upon written request from the User in question addressed to contact@bling.eu before this period has lapsed, Sherwood SAS will provide a copy of this hold.

8.2 CONTESTATION OF A TRANSACTION

For any complaint regarding a Transaction, the User is invited to contact Sherwood SAS customer service at contact@bling.eu.

Any User who wishes to contest a Transaction must submit his or her request to Sherwood SAS as soon as possible, within thirteen (13) months, following the date of the contested Transaction.

It should be noted that the User is responsible for any fault of his or her own (for example, an incorrect Bank Account number, a mistake in the IBAN, etc. which hinders a Transaction) and obligates the User to provide compensation for any damages that result, even if the User has filed a complaint against Sherwood SAS.

8.3 REPORTING

So that the User may present any possible contestations, information regarding each Transaction is available to the User for thirteen (13) months, in their Bling User Space, starting from the date of each Transaction.

After any Transaction has been completed, the User receives a summary email.

9. USER COMMITMENTS

The User guarantees that no element of his or her profile on the Bling Mobile Application infringes upon the rights of a third party nor is contrary to law, public order, or public decency.

The User agrees to abstain from the following:

  • Executing the Contract illegally or under conditions that may damage, disable, overwrite, or alter the Bling Mobile Application;
  • Assuming the identity of another person or entity, falsify or conceal his or her own identity or age, or create any kind of false identity;
  • Transmitting personal information or data regarding a third party, such as mailing addresses, telephone numbers, email addresses, bank card numbers, etc.;
  • Using the Bling Mobile Application for commercial purposes.

Furthermore, the Contract cannot be transferred, in part or in full, by the User, whether for payment or free of charge. It is therefore forbidden to transfer to any third party whatsoever the rights and obligations which are presented in these T&C.

Should the User fail to comply with his or her obligations, Sherwood SAS reserves the right to take any appropriate measures to stop to the actions in question. Sherwood SAS may, after notifying the User (except in the event of imminent risk), suspend, deactivate, and block his or her access to the Bling User Space as well as immediately terminate the Bling Service.

10. DURATION OF SERVICE AND GENERAL

CONDITIONS OF USE - TERMINATION

10.1 DURATION OF SERVICE

The Bling Service is provided for an indeterminate period of time beginning with the User’s receipt of the email confirming the opening of his or her Bling User Space. The User and Sherwood SAS enter into these T&C beginning with the User’s acceptance for an indeterminate period of time.

Either Party may terminate without penalty of any kind, at any time, by certified letter with acknowledgement of receipt, giving prior notice of thirty ( 30 ) calendar days.

The User’s termination notification must be addressed to the following mailing address: Sherwood SAS – Termination Service – 9 Rue Charlot - 75003 Paris.

It is agreed that a termination notification from Sherwood SAS must be addressed to the User at the address that he or she had previously provided.

10.2 TERMINATION FOR BREACH OF CONTRACT

Should either Party fail to comply in their obligations, or should there arise suspicion of any improper usage of the Bling User Space (fraud, laundering, etc.) or of the Bling Mobile Application, the victim of such a breach will be authorized to immediately suspend the Bling Service and, ten (10) days after sending notification by certified letter with acknowledgement of receipt and receiving no response, to lawfully terminate the Bling Service and this Contract by simply sending a certified letter with acknowledgement of receipt.

10.3 CONSEQUENCES OF TERMINATION OF SERVICE

On the date when the Bling Service is terminated, resulting from any cause whatsoever, the Bling User Space will be deactivated and closed once the Advance amount has been repaid.

11. RESPONSIBILITY OF SHERWOOD SAS

REGARDING ACCESS TO THE BLING MOBILE

APPLICATION

Sherwood SAS will take every necessary measure to guarantee the proper execution of Transactions and to ensure the security and confidentiality of data exchanged within the context of using the Bling Mobile Application as outlined in the T&C.

Sherwood SAS reserves the right to temporarily suspend the Bling User Space for technical reasons or for maintenance without these actions entitling Users to any compensation whatsoever. Sherwood SAS agrees to limit this type of interruption to what is strictly necessary and between the hours of 2:00 and 4:00 AM (except in the event of imminent risk).

12. PERSONAL DATA

Transparency is a foundational value for Sherwood SAS, and so we attach the utmost importance to respecting the User’s privacy and thus respect the provisions of the Information Technologies and Civil Liberties law no. 78-17 of January 6, 1978, in the version in force, as well as 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).

Sherwood SAS is responsible for the processing of Personal Data provided by the User as part of the Bling Service and complies with the applicable regulations regarding Personal Data. This Personal Data includes in particular Identifiers as well as information gathered from the Bank Account provided by the User.

As Sherwood SAS is always seeking to improve the performance of our services and to remain at the forefront when it comes to meeting Users’ expectations, it is to this specific end that the User’s Personal Data is used only by Sherwood SAS and its subcontractors for providing the Bling Service as outlined in the following article. A list of subcontractors is provided upon request from the User; see article 12.3 below for contact information.

12.1 PERSONAL DATA USAGE

Purpose of Personal Data Use

The User is informed that the processing of Personal Data is necessary to our provision of the Bling Service.

The processing of Personal Data is done in compliance with the provisions of the Information Technologies and Civil Liberties law no. 78-17 of January 6, 1978, in the version in force, and with the GDPR.

The User is informed that the data that enables his or her Bank Account to be synchronized is encoded, and that Personal Data, when communicated with subcontractors of Sherwood SAS, is transmitted securely.

The purposes of the data processing executed by Sherwood SAS with the User’s Personal Data are as follows:

  • Providing the Bling Service;

  • Executing Scoring;

  • Compiling anonymous statistics;

  • Executing marketing operations and commercial prospecting;

  • Suggesting personalized offers;

  • Combatting fraud, money laundering, and financing of terrorism.

Retention of Personal Data

The User’s Personal Data is not retained longer than the time necessary for the purposes listed above. Once the period of retention has lapsed, Sherwood SAS destroys the User’s Personal Data.

Storing and International Transfer

The collected Personal Data is stored in Sherwood SAS’s servers located within the European Union.

This data may be transferred outside the European Union. Sherwood SAS takes all necessary measures with its subcontractors and partners to guarantee an adequate level of Personal Data protection, in compliance with the regulations in force (Chapter V of the GDPR).

If the subcontractors and partners in question have not acceded to the Privacy Shield Framework regarding the transfer of Personal Data to the United States, or if they are not located in a country with laws considered to offer adequate protection, they will sign, in advance, the “standard contractual clauses” of the European Commission or will be subject to the binding internal regulations approved by authorities. If the subcontractor does not meet any of these conditions (accession to Privacy Shield, in a country considered to offer adequate protection, or standard contractual clause), Sherwood SAS will abstain from transferring the User’s Personal Data to that subcontractor.

12.2 CONFIDENTIALITY OF PERSONAL DATA COMMUNICATED

TO SHERWOOD SAS

Sherwood SAS takes all appropriate precautions in order to maintain data confidentiality and affirms that they work with subcontractors that are trustworthy and esteemed for their conscientiousness in providing services and for the high degree of protection they accord Personal Data confidentiality.

12.3 RIGHT TO ACCESS, DISPUTE, RECTIFY, TRANSFER, OR

REMOVE PERSONAL DATA

In compliance with article 13 of the GDPR, the User is informed that he or she reserves the right to access, dispute, rectify, transfer, remove, and determine the fate of his or her Personal Data after death (article 15 and those following of the GDPR).

The User can exercise these rights by contacting Sherwood SAS customer service by mail at the address provided in the preamble, or by email at contact@bling.eu, subject to confirming his or her identity by attaching to the request a copy of valid identity documentation and by using the email address provided during the creation of his or her Bling User Space, or directly through the Bling Mobile Application, on the parameters page, by completing the form.

The User may also file a complaint with the CNIL under article 77 of the GDPR.

For security reasons and in the event of concerns regarding the value or authenticity of the confirming documentation provided by the User, Sherwood SAS reserves the right to request further proof of identity.

In the event that the User requests his or her Personal Data no longer be processed, the User may be asked to close his or her Bling User Space if it becomes impossible to provide Bling Services without that data.

12.4 PERSONALIZED OFFERS AND COMMERCIAL

COMMUNICATIONS

Bling Services are designed to best meet Users’ needs.

With this in mind, the User is informed and accepts, from his or her first usage of the Bling Service, to receive sales recommendations, through notifications, emails, and text messages that are sent directly to the User, in order to take advantage of offers for similar services to those already used.

The User is also informed that he or she may at any time dispute the use of his or her Personal Data for prospecting purposes by sending an email to: contact@bling.eu.

13. INTELLECTUAL PROPERTY RIGHTS

Sherwood SAS’s provision to the User, as necessary for the Bling Service and its use, of elements containing intellectual property, namely the Bling Mobile Application, is strictly limited to providing the Bling Service and should not be considered as a transfer of any intellectual property right whatsoever.

In the context of using the Bling Service, the User is entitled to a user license for the Bling Mobile Application. This license is nonexclusive and nontransferable. It can be used by the User solely for the purpose of using the Bling Service. Therefore, the User shall abstain from and guarantee Sherwood SAS any activity that might harm, directly or otherwise, the intellectual property rights of Sherwood SAS.

Except in cases specifically defined by law, the User agrees not to decompile, disassemble, or in any way seek to recreate the source code of the Bling Mobile Application.

14. INACTIVE ACCOUNTS

Sherwood SAS reserves the right to close accounts that have been inactive for twelve (12) months.

15. FORCE MAJEURE

Neither Party may be held liable for any failure in performing a contractual obligation that may result from the occurrence of an event considered Force Majeure.

In the first instance, the execution of the Bling Service will be suspended for a period of one month.

If the duration of the Force Majeure is greater than one month, either Party may terminate this Contract at any time by sending a certified letter with acknowledgment of receipt to the other Party, without prior notice and without compensation on either side.

16. MISCELLANEOUS

These T&C are the only conditions that apply to the relationship between the Parties. As such, it should be noted that these T&C do not apply to the contractual relationship between the User and Bridge by Bankin’.

These T&C may be modified in order to integrate new services and/or adapt the existing Bling Service.

Sherwood SAS can modify these T&C at any time. The modified Terms will be provided to the User at the time of his or her first login following their entry into force. By accessing Bling Services or by using them, the User accepts to be bound by the modified T&C at the time when he or she uses the Bling Services.

The User is understood to have accepted the modification if he or she has not notified Sherwood SAS, in the shortest time possible after becoming aware of the modification, that he or she does not accept.

If the User refuses the modification, he or she may terminate the T&C according to the forms described in article 10 above.

As a result, Sherwood SAS cannot under any circumstance be held liable for any damage resulting from the modification of the T&C once the User abstains from terminating the Contract and continues to use the Bling Service after the effective date of the modification.

The T&C applicable during use of the Bling Service are those available online at the time of use of said Service.

17. COMPLAINTS

Complaints relating to use of the Bling Service and to the execution of this Contract are to be submitted via email to the address contact@bling.eu.

If the User is unsatisfied with the response provided by Sherwood SAS, he or she can address the complaint to Devigny Mediation, whose contact information is as follows: 9 Avenue René Gasnier D01, 49100 Angers. Telephone: 02 41 25 47 58. Email: contact@devignymediation.fr.

18. APPLICABLE LAWS AND JURISDICTION

Except in the case of applying a law of public order (which only applies within the strict limits of its purpose), it is expressly stipulated that this Contract is subject to French law and that all legal action between the Parties regarding this Contract will be subject to the jurisdiction of the applicable French courts.