Terms and Conditions of Use
Table of contents
- Definitions/Lexicon
- Preliminary statement
- Purpose of the Terms and current version
- Precontractual informations
- Intellectual property rights
- Information, responsibilities and guarantees relating to the means of access to the service
- Prior information relating to the service
- Fund test period
- Subscription
- Presentation of the fund monitoring service
- Presentation of the cryptocurrency monitoring service
- Responsabilities
- Third Party Sites
- Force majeure
- Agreement of proof
- Waiver
- Partial nullity
1. Definitions/Lexicon
Within the meaning of the general conditions of use, the following terms shall have the following definition:
- Add to selection refers to the action button for selecting a monitored value from a previously created and named selection.
- Administrator means the account in charge of administering the other accounts of the Customer's Users. This account may be that of the Customer or that of one of the Users.
- Alert means to receive an e-mail warning of a change in the position (positive or negative) of a monitored value in ASTRABAZ.
- Annualized performance means the annualized historical performance obtained by the securities (without ASTRABAZ) and the annualized performance obtained taking into account the alerts due to their monitoring (with ASTRABAZ).
- Asset class refers to the class of securities.
- Astrabaz efficiency refers to the calculation of ASTRABAZ's protection and performance efficiency on a monitored security. The higher the rating, the greater Astrabaz's efficiency in monitoring.
- Astrabaz monitoring graph refers to the graph representing positive (green) or negative (red) ASTRABAZ alert periods, based on the security's listed values. This graph can be selected from the start of the monitoring period or over several time periods.
- Base 100 refers to charts representing, in base 100, the capitalized historical evolution of the security with or without ASTRABAZ monitoring.
- Base refers to the grouping of monitored values within a specific environment requested by the Customer.
- Board means the area of the site providing access to a comparative table of stocks and their selections.
- Category refers to the grouping of securities by theme, by country or by geographical zone when they can be linked to it.
- Codes refers to the regulatory codes used to identify securities on the markets.
- Company means the company in which the User carries on business, which is a client of ASTRABAZ.
- Comparative results refers to the performance obtained in terms of historical performance on the value monitored, following the recommendations (with ASTRABAZ) or not (without ASTRABAZ).
- Cookies refers to all traces deposited and/or read on the User's equipment, for example when using the ASTRABAZ website or an advertisement.
- Create a selection refers to the action button used to create and name a selection of securities on ASTRABAZ.
- Cryptocurrencies or Cryptos refers to the digital currencies monitored by ASTRABAZ.
- Customer means the company contractually committed to subscribing to ASTRABAZ.
- FCPE (Fonds Commun de Placement d'Entreprise) refers to the employee savings investment vehicle. See OPCVM.
- Filters refers to the set of search criteria used to find securities in a given database that meet specific criteria.
- Folder refers to the area of the site providing access to a summary sheet concerning the securities monitored and their possible categories and selections.
- Funds refers to the investment vehicles monitored by ASTRABAZ: UCITS (within a PEA or securities account), UC (life insurance or retirement savings) or FCPE (employee savings).
- General information refers to the information available for each monitored value in its "Folder".
- Identifier means the identifier (Email) associated with the Tester, the Customer and the User and enabling them to identify themselves in order to access the services offered by ASTRABAZ, in Test or as part of their contractual Subscription.
- Map refers to the visual presentation, present only in fund monitoring, which shows the position (positive or negative) of a geographic zone or country.
- My Account means the dashboard made available by ASTRABAZ to the Tester, the Customer and the User, if they are not the same.
- My databases means the selection button enabling the user to work in a specific database among those he has, if he has more than one.
- NB/year means the average number of sell alerts per year detected by ASTRABAZ on a security.
- OPCVM (Organisme de Placement Collectif en Valeurs Mobilières) refers to funds whose business is to invest savings on the financial markets. UCITS may be composed of transferable securities (shares, bonds) or other financial instruments. It is approved by the Autorité des Marchés Financiers (AMF).
- Password means the code entered by the Tester, Customer or User to access his/her account.
- Percentage of Losses Avoided means the percentage of declines in value avoided by its monitoring ASTRABAZ.
- Personal Data Regulation means together Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 applicable as of May 25, 2018 (hereinafter, "the General Data Protection Regulation") and the "Informatique et libertés" law n°78-17 of January 6, 1978 amended the Law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, and amended by Law n° 2004-801 of August6, 2004.
- Position means ASTRABAZ's recommendation for a security: green means the security is under control for ASTRABAZ; red means the security is at risk for ASTRABAZ.
- Rating means the overall assessment of ASTRABAZ's effectiveness in monitoring a security.
- Risk refers to the fact that a security may cause capital losses. This risk is assessed weekly by ASTRABAZ, to determine whether the performance of the security is still in control of this risk, or not.
- Score Performance refers to the percentage of gains obtained by the security by following ASTRABAZ monitoring recommendations.
- Score Protection refers to the percentage of value losses avoided by following ASTRABAZ monitoring recommendations.
- Selection designates a list of values chosen by the User and stored under a name in equiponderation.
- Service means all the information devices made available to Users by ASTRABAZ.
- Show + Filters refers to the action button used to add selection criteria to values in order to display the result on the screen.
- Site means the Internet site www.astrabaz.com or any third-party Internet site.
- SRRI refers, for funds, to the Synthetic Risk and Return Indicator, defined by ESMA
- the European Securities and Markets Authority, which ranks funds from 1 (least risky) to 7 (most risky). The SRRI of a category or selection is calculated by averaging the SRRIs making up the category or selection.
- Subscriber means the Company that has subscribed to a contract with FRN INGENIERIE for a specific access account to ASTRABAZ, its SaaS monitoring and alerting service.
- Subscription means having subscribed to the contract.
- Terms means the present General Terms of Use applicable to the ASTRABAZ service.
- Test Base means the base of values offered to Visitors who wish to test the services offered by ASTRABAZ free of charge for a limited period of 15 days.
- Test refers to the Visitor's opportunity to try out ASTRABAZ for a limited time before subscribing to it. It is reserved for funds.
- Tester means the Visitor who has decided to test the service(s) offered by ASTRABAZ.
- UC (Unit of Account) refers to the Life Insurance and Retirement Savings Fund.
- User means any natural person who benefits from the subscription contract for the services offered by ASTRABAZ, by subscription of his company to the contract.
- Visitor means any person who enters the www.astrabaz.com site and is likely to test the services offered by ASTRABAZ.
Unless otherwise specified in the Terms:
- Where a word or sentence has a defined meaning, any other form of that word or sentence has a corresponding meaning;
- The words in the singular include the plural and vice versa;
- A reference to a document, standard, legislative provision, code or any other document implies any modification or updating of this document, standard, legislative provision or code;
- If a time period is specified on the Terms acceptance day, that time period shall be calculated as including that day.
2. Preliminary statement
FRN INGENIERIE hereby informs Visitors, Testers, Customers and Users of the Site that the information, articles and figures produced by FRN INGENIERIE as part of the ASTRABAZ service are provided exclusively to professional customers for information purposes only, and do not constitute a proposal to subscribe to or redeem funds.
Users of the Site acknowledge that they alone are responsible for their actions in the context of their professional activity.The information presented on this Site is of a general nature and cannot be considered as personalized advice. Despite the care taken in the creation of this Site and the verification of the accuracy of the information it contains, neither FRN INGENIERIE nor the ASTRABAZ service may be held liable for such information.
3. Purpose of the Terms and current version
The purpose of these Terms is to define the conditions under which Users can access and use ASTRABAZ.
Any Visitor who subscribes to a test of the services offered by ASTRABAZ on funds for a limited time undertakes to comply, without reservation, with these Terms.
Any Customer who subscribes to the contract on funds and/or cryptos allows at least one User to access the services offered by FRN INGENIERIE with ASTRABAZ, and undertakes to comply, without reservation, with these Terms.
Any User having access to the services offered by FRN INGENIERIE with ASTRABAZ undertakes to respect, without reservation, the present Terms.
If the Tester, Customer or User does not agree with all or part of the Terms, he/she is strongly advised not to use the Site and ASTRABAZ.
FRN INGENIERIE is free to modify these Terms at any time, in particular in order to take into account any legal, regulatory, jurisprudential and/or technical evolution. Customers and Users will be informed of such modifications.
The prevailing version of the Terms is the one accessible online. The Tester, Customer and User acknowledges and accepts this without restriction, and undertakes to refer to it systematically each time they connect.
4. Precontractual informations
The use of ASTRABAZ is authorized to Testers on the funds within the limit of a limited time, subject to their commitment to exercise a compatible professional activity.
The use of ASTRABAZ is reserved, subject to subscription by the Customer, within the framework of an intuitu personae contract, to professional Users and to them alone, natural and legal persons capable of entering into obligations in accordance with French law.
Such Users may not be attached to the Customer account unless they are professionally liable to the company signing the contract.
The Customer as well as the User, within the framework of the signed contract, refrain from transferring, renting, making available or communicating in any way whatsoever to a third party, private or professional, his access codes to ASTRABAZ.
Any act of transfer, donation, rental, making available by the Customer or any of his Users of access codes to ASTRABAZ services will expose the Customer to immediate termination of his account and possible legal proceedings.
5. Intellectual property rights
All data, photos, trademarks and logos appearing on ASTRABAZ are the property of FRN INGENIERIE or third-party information providers. This information may only be reproduced for personal use, and under no circumstances for commercial purposes. Any use other than that stated above is strictly forbidden and exposes the offender to civil or criminal prosecution.
Any reproduction, transmission, redistribution, translation, duplication, transfer, creation of hypertext links, in any form whatsoever, concerning all or part of ASTRABAZ appearing on the present site is subject to the prior written agreement of FRN INGENIERIE.
Consequently, in application of the provisions of the French Intellectual Property Code, the legislative and regulatory provisions of all countries and international conventions, any reproduction, distribution or representation, in whole or in part, of ASTRABAZ or of any of its component parts is prohibited, as is any alteration thereof. In this respect, the Visitor, Tester, Customer and User are prohibited from adapting, arranging, modifying, correcting, associating, translating into any language, placing on the market, whether free of charge or against payment, or marketing all or part of the Service provided by ASTRABAZ or any of its component parts, by whatever means and on whatever medium. Nothing in the GTU shall be construed as an assignment of any intellectual property rights, whether by implication or otherwise.
6. Information, responsibilities and guarantees relating to the means of access to the service
FRN INGENIERIE puts in place the means necessary for the proper functioning of ASTRABAZ, in particular by taking the necessary measures to maintain its continuity and quality.
The Tester, Customer or User acknowledges that his use of ASTRABAZ is at his own risk. ASTRABAZ is provided "as is" and is accessible without any guarantee of availability or regularity. However, FRN INGENIERIE will do its utmost to make ASTRABAZ accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond its control, and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the Internet network or malicious acts or any damage to ASTRABAZ hardware or software.
ASTRABAZ cannot be held responsible for disruptions to the Internet network due to force majeure as defined by the case law of the French Supreme Court (Cour de Cassation) and due to maintenance operations on the Service planned by ASTRABAZ. ASTRABAZ may also not be held responsible for the installation and operation of terminals used to access the Service and not supplied by ASTRABAZ.
More generally, ASTRABAZ shall in no event be liable for any interruption of the Service regardless of the cause, duration or frequency of such interruption.
ASTRABAZ does not guarantee the transfer rates and response times of information circulating from the ASTRABAZ platform to the Internet. The Tester or User acknowledges that the speed of transmission of information does not depend on the Service offered by ASTRABAZ, but on the inherent characteristics of electronic communications networks and the technical characteristics of his connection method (cable, ADSL, 3G, 4G, 5G etc.) and his Internet access.
ASTRABAZ shall under no circumstances be held liable for any indirect damage suffered by the Tester or the User as a result of using ASTRABAZ. Indirect damages are those which do not result exclusively and directly from the failure of the ASTRABAZ Service.
Furthermore, ASTRABAZ cannot be held liable for acts performed by the Tester or the User or a third party using its Service.
Any software downloaded by the Tester or the User, or obtained in any other way when using the Service, is done so at the Tester's or the User's own risk.
7. Prior information relating to the service
The Tester, Customer and User are solely responsible for the equipment (in particular computer, telephone, software, electronic communications) required to access, test and use the Service, as well as any electronic communications costs (in particular telephone costs, Internet access costs) arising from their use. It is the Tester's, Client's or User's responsibility to find out the cost of using said equipment or services from the operators concerned. The Tester, the Customer and the User are solely liable for their prices.
By accepting the General Conditions of Use, whether as a test or for payment, the Tester, the Customer and the User declare and acknowledge:
- That he/she is acting on behalf of his company;
- That he/she is a professional in the financial markets, insurance, consulting, brokerage or management;
- That he/she is informed that paid services can only be ordered by a natural person of legal age, representative of an approved company.
FRN INGENIERIE reserves the right to modify these General Conditions of Use at any time and without prior notice. The modified General Terms of Use will be posted on the ASTRABAZ website and will apply to all subsequent orders for paid services. It is therefore the responsibility of the Tester, the Customer and the User to consult the General Conditions of Use regularly, and in any event prior to any order for paid services.
8. Fund test period
The Site offers the Visitor the possibility of carrying out, under his sole responsibility, a free 15-day preliminary test on a test base provided for the occasion by the Site.
This test allows the Visitor to access all of the Service's functionalities on this base and thus become familiar with it. In this context, FRN INGENIERIE declines all responsibility for the use made by the Tester of the services offered by ASTRABAZ (see "Responsibilities")
The Tester may ask the FRN INGENIERIE team to demonstrate these functions by proposing a date for an online meeting. If the proposed date is not convenient, the Tester will be contacted by telephone by the FRN INGENIERIE team, in order to find another date.
To carry out a test, the Visitor opens a User Account, specifying:
- His/her first name
- His/her last name
- Specifying his business activity
Then adding:
- His/her email
- His/her password
- His/her cellphone number that will enable him to receive an identification confirmation SMS
The test period gives the Visitor access to all the site's functionalities, within the framework of a pre-formatted test base.
During or at the end of the test period, the Tester's Company may take out a subscription and thus become a Customer, and the Tester may become a User.
9. Subscription
The subscription is the subject of a specific license agreement signed between FRN INGENIERIE and the client company after taking additional information concerning the company, as well as taking into consideration the environment requested by the company and the characteristics of the use of the services offered by ASTRABAZ.
10. Presentation of the fund monitoring service
ASTRABAZ offers its customers:
- A tailor-made environment made up of the fund/UC "Bases" of their choice, corresponding to their working environment (life insurance contracts, employee savings plans, etc...)
-
A "Folder" enabling them to find dynamic summary information on a particular fund, category or selection:
- Identification details
- Date of last alert,
- Current position, positive or negative
- Positive or negative metabolic position relative to the dynamic breakpoint
- Evolution in value since the alert date
- ASTRABAZ effectiveness in terms of protection, performance and overall rating
- Historical monitoring graph in green and red weekly points
- Historical metabolic evolution graph
- Comparative historical graph with and without ASTRABAZ, base 100
- Scatter plot of actual and avoided losses with ASTRABAZ
- Scatter plot of actual gains and gains achieved with ASTRABAZ
-
A "Board" allowing them to compare and rank funds, to select them, but also to compare and rank selections, categories present in the selected base, by pressing their choice on:
- Ranking of ascending or descending results of funds, categories, selections in table columns
- Use of multi-criteria to refine the search and narrow the field of comparison
- A dynamic 3D world "map" enabling them to visualize the positive or negative position of categories globally, for all or one of these bases, by zone or by country, and to enter the zone or country table via this map, to select a particular category or all available categories.
11. Presentation of the cryptocurrency monitoring service
ASTRABAZ offers its customers:
- A customized environment composed of the crypto-currencies of their choice.
-
A "Folder" enabling them to find dynamic summary information on a cryptocurrency of their choice and their selections:
- Identification details
- Date of last alert,
- Current position, positive or negative
- Evolution in value since the alert date
- ASTRABAZ effectiveness in terms of protection, performance and overall rating
- Historical monitoring graph in green and red weekly points
- Comparative historical graph with and without ASTRABAZ, base 100
-
A "Board" enabling them to compare and rank cryptocurrencies, to select them, but also to compare and rank the selections present, by pressing their choice on:
- Ranking of ascending or descending results of cryptocurrencies and selections in table columns
- Use of multi-criteria to refine the search and narrow the field of comparison
12. Responsabilities
The information published on www.astrabaz.com website is provided for information purposes only, and the user declares that he/she is fully informed and aware that it does not in any way constitute:
- an invitation to invest;
- a public offering;
- a canvassing;
- any solicitation to sell or buy financial products.
Consequently, FRN INGENIERIE cannot be held liable in any way for this information, particularly in the event of unsuccessful investment by the Tester or the User. FRN INGENIERIE declines all responsibility for any direct or indirect financial loss caused by the use of information provided by the website www.astrabaz.com. Similarly, FRN INGENIERIE makes every effort to check the quality and legality of external sites to which hypertext links on www.astrabaz.com point, but cannot under any circumstances be held responsible for their content. The Tester or User is invited to report any errors or omissions by writing to FRN INGENIERIE.
FRN INGENIERIE is totally unaware of any legal relations that may arise between the Tester, the Customer, the User and a third party, whether or not the Tester, Customer or User of the services offered by ASTRABAZ. Consequently, FRN INGENIERIE cannot be held liable by the Tester or the User in the event of a dispute with a third party.
The User guarantees FRN INGENIERIE against any recourse that may be brought against FRN INGENIERIE by a third party as a result of the Tester or the User.
The ASTRABAZ service provided by FRN INGENIERIE is strictly limited to the description given in these General Terms and Conditions and may not, under any circumstances, be assimilated to a consultancy or brokerage service. FRN INGENIERIE disclaims all liability for relationships of any nature whatsoever, concluded between Testers, between Customers and between Users. FRN INGENIERIE also disclaims all liability for discussions prior to the conclusion of such contracts, and cannot be held responsible for any problems that may arise on this occasion.
The parties agree that FRN INGENIERIE is subject to a general obligation of means and not of result with regard to the services offered by ASTRABAZ. FRN INGENIERIE may only be held liable for gross negligence or willful misconduct directly attributable to it. It is expressly agreed that FRN INGENIERIE shall not be liable for any damages, such as financial or commercial loss, loss of clientele, commercial disturbance of any kind, loss of profit, loss of brand image, loss of data, files or software or increased costs, which may result for the user from FRN INGENIERIE's failure to perform its obligations. Any action brought against the Tester, the Customer or the User by a third party shall be deemed to constitute indirect loss and shall therefore not give rise to any right to compensation.
The User undertakes to take all necessary precautions to reduce any prejudice that may result from the performance of the present contract, and in particular to back up data and use up-to-date anti-virus software.
In all cases, should FRN INGENIERIE nevertheless be held liable, the amount of damages it may be required to pay shall not exceed, for all damages combined, the sums actually received by FRN INGENIERIE for the execution of the test or the contract with the Customer during the calendar year in which its liability is invoked.
It is expressly agreed that this article shall survive the termination or cancellation of the contract for any reason whatsoever.
ASTRABAZ and the information it offers are provided for information purposes only. It should not be considered as advice of any kind for which ASTRABAZ and FRN INGENIERIE are not responsible. Furthermore, FRN INGENIERIE excludes the performance of any transaction in financial instruments, any brokerage or canvassing transaction and any investment services transaction, financial investment advice or related services, and cannot under any circumstances be held liable for indirect damages, such as losses, financial prejudice, decline in financial assets.
FRN INGENIERIE cannot be held responsible for any errors, omissions, alterations or delays in updating the information available on the www.astrabaz.com website or transmitted to the Tester, Customer or User, and for any consequences arising from their use. FRN INGENIERIE does not guarantee the completeness or accuracy of the information transmitted, even if this information has been compiled from reliable sources.
FRN INGENIERIE expressly advises the Tester or the User not to make any decision based solely on the information received from ASTRABAZ and to consult their usual sources, it being specified that the Tester, the Customer and the User will, in any event, be solely responsible for the use they choose to make of the information provided by ASTRABAZ. It should also be remembered that a Fund's past or present performance is no guarantee of its future performance, and that Funds exposed to financial market risks are intended for clients who accept the risks of the stock market and are accompanied in their investment by accredited professionals who are responsible for advising them. Consequently, the Tester or User acknowledges that he/she tests or uses ASTRABAZ at his/her own risk.
13. Third Party Sites
In the event that the Service contains hypertext links to websites published by third parties (hereinafter "Third Party Sites") over which ASTRABAZ has no control whatsoever, ASTRABAZ assumes no responsibility for the content of Third Party Sites or the content to which Third Party Sites may link. The presence of hypertext links to Third Party Sites does not imply that ASTRABAZ in any way endorses the content of such Third Party Sites.
ASTRABAZ is not responsible for any changes or updates to Third Party Sites.
ASTRABAZ is not responsible for the transmission of information from Third Party Sites, nor for the malfunction of Third Party Sites.
14. Force majeure
Force majeure occurs when an event beyond the debtor's control, which could not reasonably have been foreseen at the time of acceptance of the Terms and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.
The event of force majeure suspends the obligations of the party concerned for the duration of the force majeure if this event is temporary. Nevertheless, the Parties shall endeavor to minimize the consequences as far as possible.
Failing this, if the impediment is definitive, the parties will be released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.
15. Agreement of proof
Messages received by fax or electronically and more generally electronic documents exchanged between ASTRABAZ, the Client and the User are original writings within the meaning of article 1366 of the Civil Code, i.e. as having the same value as that accorded to the original.
16. Waiver
The fact that one or other of the Parties does not avail itself of one or more stipulations of the Terms shall in no way imply a waiver by that Party of its right to avail itself of such stipulation(s) at a later date.
17. Partial nullity
In the event that certain stipulations of the Terms should be inapplicable for any reason whatsoever, including by reason of an applicable law or regulation, the parties shall remain bound by the other stipulations of the Terms and shall endeavor to remedy the inapplicable clauses in the same spirit in which they were concluded.