AGREEMENT BETWEEN

Lydia Solutions incorporated and registered in France under number 534 479 589 whose registered office is at 137 Rue d’Aboukir 75002 Paris and which is registered with Registre du Commerce et des Sociétés in Paris ("Lydia"); and

The ("Individual Client") whose details are set out within the Lydia Application for Individuals.

Société Financière du Porte Monnaie Electronique (SFPMEI), banking institution (institution code 14378) whose registered office is 29 rue du Louvre, 75002 Paris, registered in the Trade and Company Register of Paris under RCS number 422 721 274 and approved as of December 30, 1999 by Prudential Control Authority and Resolution (ACPR) established at 61 rue Taitbout 75436 Paris Cedex 09 (Phone number (33) 1 49 95 40 00, hereinafter referred to as "Partner Bank".

Hereafter collectively called “Parties” or individually as a “Party”

1. Application of Terms of Use

These Terms of Use (hereinafter referred to as the "Agreement") set forth the terms and conditions by which Lydia enables Individual Clients to:

  • make and receive a payment from other Lydia Users via his/her Lydia Individual Account;
  • make a payment by topping up his/her Lydia Individual Account from his/her bank account via a payment card that has already been saved in the Lydia Application for Individuals;
  • request a transfer of his/her Lydia Individual Account to his/her bank account.

Lydia Solutions retains the data relating to this Lydia Individual Account. These data materialise the debt of the User on the Banking Partner and represent evidence between the Parties.

The Agreement and its Appendices shall form an integrally binding document. Some related services may be  subject to the special conditions between the Parties.

2. Definitions

Except as otherwise provided, the following terms and expressions have the following meanings wherever used in this Agreement :

« Pricing and limits » Appendix: means the pricing conditions available through the following URL: https://lydia-app.com/about/price.html.

Bank Account: means the bank account of the Individual Client, notified at the time of registration, as validated by Lydia, and used to receive fund transfers from the lndividual Account. This bank account must be with a credit institution located in France, Monaco, Ireland, Spain or the UK, depending on the Country in which the Lydia Individual Account is registered.

Banking Partner : means the Société Financière du Porte-Monnaie Électronique Interbancaire (SFPMEI), a credit institution for issuing e-money, (establishment code: 14378) whose registered office is 29 rue du Louvre, 75002 Paris, registered with the Registre du Commerce et des Sociétés in Paris under number 422 721 274 and approved on 30 December 1999 by the Autorité de Contrôle Prudentiel et de Résolution (ACPR) registered at 61 rue Taitbout - 75436 Paris Cedex 09 (tel 01 49 95 40 00).

Beneficiary: means the Individual Client designated as the beneficiary of a Transaction.

Customer Support Team: means the customer support team of Lydia Solutions, who can be contacted in the following ways:

  • by phone : +33 1 79 75 40 30 for France; +44 203 44 55 75 for the UK, +34 912 69 37 37 for Spain or +35316994455 for Ireland. open hours : working days, from 9:00 to 19:00 CET.
  • by email : support@Lydia-app.com 
  • by post : Customer Support / Lydia Solutions, 137 rue d'Aboukir, 75002 Paris, France

Working Day: means a day other than a Saturday or a Sunday or public holiday in France and in the Country in which the Lydia Individual Account is registered.

Cashback: means the discounts offered by the Professional Client to an Individual Client which are applied after purchase via a pro-rata refund which is made to the account of the Individual Client. 

Card payment form: means the online payment form by credit or debit card which the Payer or Individual Client completes with their card details (card number, security code, expiry date) in order to make a payment. 

Verified Lydia Account: means the status of the Individual Account of an Individual Client, once they have submitted their KYC documents in accordance with these Terms and Conditions.

Electronic cheques: means the QR code (2D barcode) which can store the information necessary for the realisation of payment and which may be read from a Smartphone equipped with a camera and Lydia Application for Individuals, Lydia Pro Application or a 2D barcode reader.

Individual Client: means any non-professional client of Lydia Services who is party to an Individual Client Agreement. The Individual Client is referred to as a "Paying Client" when he initiates a payment transaction and "Beneficiary Client" when he is the beneficiary of a payment transaction. 

Lydia Individual Account: means the payment account opened in the name of the Individual Client and which represents the amount owed to the Individual Client by the Banking Partner through recording the payment transactions effected. 

Lydia Individual Account Currency: means the currency of the Country in which the account is registered.

Country                              Currency
France, Monaco, Ireland, Spain, Portugal    Euro (€)
United Kingdom Pounds (£)

Lydia Application for Individuals: Stands for the mobile application dedicated to Individual Clients.

Lydia Contract: Designates the contractual unit that binds Lydia to each of its Users. Lydia Agreement includes this Agreement, special conditions and the "Pricing and Limits” Appendix.

Lydia Service(s): means the services of Lydia for performing transactions via the Lydia Application for Individuals or Card Payment Form, through Lydia online services, whether requested by an application, a web page, or a third party service (application, web service, ticketing, and business software). Lydia Services are offered to any individual with a valid Bank Account and a valid French, Irish, Spanish or UK mobile phone number and a bank account with a credit institution located in France, Monaco, Ireland, Spain or the UK, depending on the Country in which the Lydia Individual Account is registered.

Mean(s) of Payment(s): Refers to the means of payment allowing Individual Clients to perform a Payment in connection with the use of Lydia Services (banking card(s), Lydia balance). 

Mobile Number: Refers to a French, Irish, Spanish, Portuguese or UK mobile phone number depending on the Country in which the Lydia Individual Account is registered.

Partner Application(s): means an API created by a third party and not edited by Lydia Solutions that integrates all or part of Lydia’s Services via the Lydia API, through which the Lydia User can enable or disable Lydia Services. means a non-professional end customer of the Professional Client who is not party to an Individual Client Agreement. 

Payment(s): Action of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the payer and the beneficiary, ordered by the payer or the beneficiary. 

Payment(s) Received: Action of receiving funds, irrespective of any underlying obligations between the payer and the payee, ordered by the payer or the payee. 

Payment Service Provider: Means the technical service provider chosen by Lydia and allowing its Users to accept payments online by implementing secure software and protocols necessary for recording, transmission and secure processing of transfer orders of funds by card. 

Payment Service Provider Agent (PSP Agent): Means Lydia Solutions, mandated by the Banking Partner in the name and on behalf of the latter for the provision of payment services as defined by Article L314-1 of the Monetary and Financial Code. PSP Agent status is defined by article L523-1 of the Monetary and Financial Code.  

Platform: Refers to the website ( https://lydia-app.com/ ) available for the Individual Client through Internet access or a Smartphone.

Professional Client: Means any individual capable or legal person acting for business purposes as well as any association or non-profit organisation that has a Lydia ProfessIonal account. A list of Professional Clients is available in the Lydia Application for Individuals. 

Restricted Lydia Account: default account created upon registration to Lydia’s Service. 

Security Code: 4-digit code, defined by the Individual Client, which protects certain sensitive features of the Lydia Application for Individuals. 

Smartphone: means a mobile phone device that performs functions similar to a computer, typically having a touchscreen interface, internet access, and an operating system capable of downloading Mobile Applications. For the purposes of executing payment transactions, the Professional Client’s Smartphone shall have a camera feature allowing it to read Electronic Cheques generated by the Payer.  

Transaction(s): means transactions,  transfers and Cashbacks via Lydia Services.

Lydia User: means any individual or business who has signed up to the Lydia Services that matches that individual’s or business’s usage.  

 

3. Preliminary information

3.1 Hardware requirements 

Lydia’s Services can be used from:

  • Lydia Application for Individuals provided you have a compatible mobile operating system and a valid Mobile Number ;
  • Partner Applications integrating Lydia’s payments service ;
  • Websites incorporating Lydia’s payments service via Card Payment Forms ;
  • Lydia web Platform for Individual Clients.

To use Lydia’s Services, the User must have a computer or a Smartphone with Internet access (payment transactions may however be performed from the Lydia Application for Individuals in airplane mode through the generation of Electronic Cheques). 

In case the Individual Client changes his/her mobile phone number and wants to carry on using Lydia’s Services, he/she should initiate the appropriate procedure (see Section 8.1.2: Information about the personal situation of the Individual Client). The same procedure applies if the Individual Client wishes to change email address.

3.2 Signing up to Lydia Services 

3.2.1 Signing up via the Lydia Application for Individuals 

The Individual Client registers by downloading the Lydia Application for Individuals on his/her Smartphone, or through a Partner Application.

The Individual Client enter his/her first name, surname, email address, and a valid Mobile Number.

Lydia sends the Individual Client an email acknowledging receipt of registration and confirming the opening of his/her Lydia Individual Account.

3.2.2 Signing up online 

3.2.2.1 Collect platform

The User registers to the Collect platform by visiting the Collect online page.

The Individual Client must provide his/her name, first name and a valid Mobile Number. 

3.2.2.2 Registering for a Lydia Account for Individuals on the Lydia website

 

The User registers on the Lydia website for Individuals accessing the URL link sent by SMS or email when this User is the recipient of a remote payment.

The Individual Client must provide his/her name, first name and a valid Mobile Number. 

3.2.3 Communication

The Individual Client accepts that Lydia, as the Service that is the subject of these Terms and Conditions for Individuals, can send him/her information relating to these services by email, SMS and notification on his/ her Smartphone where these notifications have been authorised.

The Individual Client is asked to read and accept the Terms and Conditions for Individuals. By confirming that he/she has read the Terms and Conditions for Individuals, the Individual Client accepts the Lydia Agreement.

The User declares at the time of registration and during the Contract duration:

  • he/she is aged at least 18 (eighteen) years or is aged at least 14 years and uses Lydia services with the agreement and under the supervision of his/her legal representative,
  • that all information provided during registration are true, accurate and up to date, and that the accuracy of such information will be maintained by modifying if necessary the transmitted information.
  • he/she does not already have a Lydia account.

Lydia sends the Individual Client an email acknowledging receipt of his/her acceptance of the Terms and Conditions and informing him/her of the opening of his/her payment account. A URL is included in this email that enables the Individual Client to download this Agreement in a PDF format.

Lydia and the Individual Client agree that the Contract shall take effect at the end of this process, subject to the exercise by his/ her right to withdraw, which can be implemented in accordance with section 9.1. The Individual Client may at any time have access to this Agreement by logging into their Lydia Application for Individuals or from the Lydia website. It is the Individual Client’s responsibility to consult this document regularly in order to stay informed of any updates.

 

4. Lydia Services Operations

4.1. Lydia Account for Individuals

4.1.1. before opening an account

To use Lydia Services, the Individual Client must necessarily accept the opening of a Lydia Individual Account upon registration.

Any request to open a Lydia Individual Account  must be effected by Lydia acting as the PSP Agent on behalf of the Banking Partner.

Lydia sends the Individual Client an email or SMS acknowledging receipt of his request and confirming the opening of his Lydia Individual Account .

The information provided by the Individual Client at the time of registration may be shared by Lydia with the Banking Partner, so that the latter can make all the checks it deems necessary in accordance with regulations on the fight against money laundering and terrorist financing.

Lydia in agreement with its Banking Partner, reserves the right to request supplementary information and additional documents, in particular to authorise the Individual Client to exceed certain payment limits.

The Individual Client commits to ensuring the accuracy of the information transmitted and to keep this information up to date.

4.1.2. Lydia Account Features

The Lydia Account for Individuals is an account recording the payments received and sent by the Individual Client. It can in no way be likened to a bank current account. The funds collected by the Banking Partner to supply Lydia’s Services do not constitute repayable funds from the public as per Article L.312-2 of the Monetary and Financial Code.

The Lydia Account for Individuals records transactions, Cashback received, and transfers to the Bank Account of the Individual Client.

The  Individual Client undertakes only to perform in his/ her Individual Account operations authorised by law and Transactions concerning a non-professional use.

Transactions recorded in the Individual Account are denominated in the currency of the country in which his/her Lydia Individual Account is registered.

The Lydia Account for Individuals must always be in credit.

Restricted account

The Individual Client registers by default to a "restricted" account, subject to the limits specified in the “Pricing and limits” appendix.

Verified account

The Individual Client  may at any time verify his/her account, subject to providing the following documents through the Lydia Application for Individuals or via the Collect Platform:

  • valid proof of identity (double-sided ID card or passport for citizens of the European Union, passport for users outside the EU, valid or expired less than 5 years;  unexpired UK or EEA or Switzerland photo card driving licence, with an unexpired date of photo and licence).
  • if the Individual Client is aged 14 to 17 years, a statement by the legal representative stating that the Individual Client is acting under his supervision and with his agreement, with proof of the legal representative’s identity,
  • proof of address issues less than a year ago, featuring the first and last name of the account holder, or from a third party accompanied by a sworn statement from the party and a valid proof of identity from the third party.
  • a recent passport-style photo.

The payment limits are specified in the “Pricing and limits” Appendix, and, once exceeded, can block current and future Transactions.

4.2.Type of operations

4.2.1. Topping up the payment account

The Lydia Account for Individuals can be topped up by:

  • receiving a payment;
  • receiving cashback or customer rewards;
  • making a payment transaction by credit/debit card.

For the third operation, the Individual Client uses a credit/ debit card that is in his name, whose details he/she must have already saved in the Lydia Application for Individuals to make a transaction between Lydia Individual Clients. The agreement governing the card must allow the transfer of funds by card. The Individual Client receives confirmation that the operation has been effected, by email or SMS.

The Individual Client agrees that his/her card data is retained by Lydia’s Payment Services Provider, for the sole purpose of performing his/her transactions or crediting his/her Lydia Account for Individuals. The owner of the Lydia Account for Individuals and the payment card must be the same person.

The Lydia Account for Individuals of the Beneficiary Client is credited with the total amount of the Transaction, provided that the Banking Partner actually receives the funds from the Paying Client and the transfer of funds by card is not questioned or challenged. The Individual Client may make or receive payments in his/her Lydia Individual Account Currency

4.2.2. Payment Transactions

The Individual Client can make a payment Transaction from his/her Lydia Account for Individuals:

  • As part of an in-person payment with a Beneficiary client via a QR code.
  • As part of a remote payment using the Lydia Application for Individuals, whereby the Paying Client indicates the means of payment to be debited (either a card or his/her Lydia balance), and then enters his four-digit security code.
  • As part of a remote payment via debit/ credit card without the Lydia Application for Individuals, when the payment is made via a card payment form available via a Professional Client’s online platform, or via the URL sent by the Beneficiary.

The means of Payment is debited immediately and the transaction can not be cancelled. If the Beneficiary does not hold an account for the Lydia Application for Individuals, he/she has a period of 7 days to accept the Transaction and to sign up for a Lydia Individual Account. If the Beneficiary has not accepted the Transaction within 7 days, the means of payment used for the Transaction is recredited.

For the operation to function, the Beneficiary should be a User of the Lydia Application for Individuals or should agree to sign up for a Lydia Individual Account within the specified timeframe following the transaction.

Any Transaction requested by an Individual Client will be authorised by the Banking Partner as long as it falls within the limit of the available balance of the selected means of payment.

To this end, Lydia will check, on behalf of the Banking Partner, the available balance in the Lydia Individual Account of the Payer and, in the event that the amount of the Transaction is superior to the balance available, the Individual Client authorises Lydia to deduct the amount required for the Transaction from the payment card he/she has previously added in the Lydia Application for Individuals.

An electronic receipt for the Transaction is sent to the Individual Client, either in the Lydia Application for Individuals, by SMS, or by email. The Banking Partner may reject at its discretion any payment request by notifying the Individual Client on his Smartphone. Lydia will provide the Individual Client with the reason for the rejection in accordance with this Agreement for Individuals.

The Individual Client is solely responsible for the Transaction that (s)he has submitted. Once the Transaction is performed and validated, the selected means of payment is debited. Lydia Solutions cannot be held responsible for errors committed by the Individual Client.

4.2.3. Receiving payments

The Individual Client can receive payments in his/her Lydia Individual Account Currency.

The Beneficiary can receive a payment into his/her Lydia Account for Individuals from another Lydia User:

  • In-person:

In the context of a payment in the proximity of the Payer using the Lydia Application for Individuals via the scanning of an Electronic Cheque. The Transaction is instantly confirmed.

  • Remote:

The beneficiary can initiate a payment request which is sent to the Payer through the Lydia system.

Lydia can send the Individual Client Payer the payment request via SMS, email, or a notification in the Lydia Application for Individuals; the Beneficiary Individual Client is notified by email once the Individual Client Payer makes the payment.

As part of a remote payment received in the context of a payment request initiated by the Payer, two scenarios are possible:

  • The Beneficiary is a Lydia User: the amount is instantly credited to his Lydia Individual Account;
  • The Beneficiary is not a Lydia User: if the Beneficiary of the payment transfer, identified for the purposes of the Transaction by his email address or Mobile Number, has no Lydia Individual Account, he/she is informed of the transfer by SMS or email. If he/she wishes to be paid or receive money via Lydia’s Services, he/she must first subscribe to the service, in accordance with 3.2 of these Terms and Conditions for Individuals. The transfer amount is credited to his/her Lydia Individual Account as soon as he/she signs up to Lydia’s Services, otherwise the means of payment used for the transaction is recredited.

Lydia informs the Beneficiary of the reception of funds in his Lydia Account for Individuals, either by a notification on their Smartphone, if he has downloaded the Lydia Application for Individuals and authorised these notifications, by SMS or by email.

4.2.4. Transfers to a Bank Account

4.2.4.1 Prerequisites

To transfer the balance of his/her Lydia Account for Individuals, the Individual Client must save the bank account details (IBAN for SEPA-zone payments; IBAN and BIC for non-SEPA zone payments) of his/her Consumer Bank Account. The saved Bank Account must be in the name of the Individual Client, and be in the Lydia Individual Account Currency.

Lydia Solutions and the Banking Partner reserve the right to refuse the request to save a Bank Account.

Lydia reserves the right to block the Lydia Account for Individuals of a Lydia User until it has received all the documents and information deemed necessary by Lydia and in a form which is satisfactory.

The Individual Client can under no circumstances proceed to conduct Transactions if Lydia or the Banking Partner considers it necessary to obtain further documents or information from the Individual Client, for as long as these documents or additional information have not been received or accepted by Lydia.

4.2.4.2 Methods

Following the verification of a Lydia Account for Individuals, upon request by the Individual Client, the Banking Partner can transfer the funds available in the Individual Client’s account daily (weekdays only) to the Individual Client's Bank Account.

The transfer is made after the deduction of any commissions, fees and costs owed to Lydia. The amounts of fees and commissions are set out in the “Pricing and limits” Appendix.

The Banking Partner and Lydia can block any request to make a transfer to the Individual Client’s Bank account, and can exercise the right to retain these funds until the due fees for the Services are paid.

If a request to make a bank transfer is blocked, Lydia must notify the Individual Client within 10 working days following the request.

Neither Lydia nor the Banking Partner is responsible for a transfer which is poorly executed because of the submitting of incorrect information by the Individual Client, or because of the failure of the Individual Client to inform of any changes of circumstance that must be communicated to Lydia.

4.2.5. Collect

4.2.5.1 Definitions

In this section, the following definition are:

Collect: Service offered by Lydia Solutions, integrating the Cagnotte product (accessible online at http://cagnotte.me), and enabling a Lydia User, who is the Organiser, to solicit other people, the Participants, to unite payments for a collective defined purpose.

Collect Platform: means the website accessible to Lydia users on which they can contribute to a specific Collect.

Contribution: Amount paid by a Participant into a Collect.

Organiser: Natural person acting beyond the scope of professional activity or association who is responsible for creating a Collect. The organiser defines the purpose of the Collect, and is responsible for the proper use of funds collected from Participants. The Organiser must be an existing Lydia User, or should sign up to Lydia’s Services, and is necessarily the Beneficiary of the Collect.

Participant: Anyone contributing to a Collect by a payment by card or from his Lydia account.

4.2.5.2 Creating a Collect   

The Organiser who wishes to create a Collect must first open a Lydia Individual Account, in line with the subscription kinematics described in Section 3.2 hereof.

Each Organiser can create up to five Collects at any one time.

Once created, the Organiser may disclose the URL of his/ her Collect by SMS, email or any other means of communication e.g. social media.

The Organiser is free to define the when he/she would like his/her Collect to be published. He/she may terminate it prematurely at any time, especially when the total amount to be collected is reached before the end of the Collect.

In the absence of any Transaction for a period of 12 consecutive months, the Collect will end automatically. Lydia will inform the organiser in the two months preceding the automatic blocking of collection.

4.2.5.3 Purpose of Collect

It is up to the Organiser to define the purpose of the Collect he/ she would like to create. It should not be illegal, immoral, or unethical. Anyone who finds a Collect that has a clearly illegal purpose or content should report it to Lydia.

Lydia Solutions and its Banking Partner reserves the right to remove or block the publication of any Collect it deems illegal, immoral or contrary to good morals, and any Collect suspected to be linked to money laundering and terrorist funding.

The Organiser is solely responsible for the content and purpose of the Collect he/ she publishes. The Organiser makes a commitment to the Participants to use all the funds raised from the Collect for the defined purpose. In case of breach of this personal obligation of the Organiser, the Participants will take any direction directly against him and may in no case hold Lydia and its Banking Partner responsible to the extent they are third parties to the contract between the Participants and the Organiser.

4.2.5.4 Payment Transactions

The Participants who have been invited to contribute to a Collect are free to pay the amount they wish either by credit card or, if they are Lydia Users, using the available balance in their Lydia Payment Account. The contributions received are automatically accepted by the Organiser, who is the beneficiary of the payment transaction. The latter can monitor the Collection in the dashboard available in the Collect Platform.

These operations are credited to his/ her Lydia Account, and the funds collected can be used by the Organiser at the end of the Collect to:

  • make a transfer to the Bank Account already saved in his/her account, according to the conventions indicated in Article 4.2.4 hereof, or
  • make a transfer to his/ her Lydia Individual Account
  • make a payment to a Professional that accepts Lydia.

4.2.5.5 Information on operations

The operations in connection with any Collection form a real-time transaction history that is accessible from the Collect Platform. Any information relating to operations linked to the Collect (Contributions, transfers to the Bank Account of the Organiser, or payment to Professional that accepts Lydia payments) are the subject of a separate information on the monthly statement referred to in Article 6.1 hereof.

4.2.5.6 Applicable limits

Each Collect User may only hold one Lydia Individual  Account. All transactions performed by the user, either as an Individual Client or a Private Collect Organiser, are subject in their entirety to the limits specified in the "Pricing and limits" Appendix.

When the Organiser is the only Participant in his/her Collect, the balance can be recovered at the end of a period of 30 days.

The Organiser who wishes to collect an amount exceeding the limits specified in the “Pricing and Limits” Appendix must verify his/her account as described in section 4.1.2 hereof.

4.2.5.7 Right of withdrawal and cancellation of Collects

Only the Organiser and Participants who create a Lydia account on the occasion of a Collect have a right of withdrawal of 14 calendar days as described in section 9.1 hereof, provided that no Contributions have been paid. Participants who make a Contribution by card without subscribing to Lydia’s Services are not contractually bound to Lydia and so cannot make a retraction.

The cancellation period starts from the moment the signing of the Lydia Agreement is concluded. An Organiser or Participant who was already a Lydia User before the Collect cannot claim back a cancellation period if it has already expired.

The Organiser can also cancel any Collect as long as it has not received any Contributions.

The use of the right of withdrawal does not affect any Transactions that have already been made.

4.2.5.8 Unpaid payments

The Organiser alone bears the risk of fraud or unpaid payments, and any rejected payments are his/her responsibility.

4.3. Authentication and authorisation of payment orders

Payment orders are automatically authenticated by a bespoke security protocol for each Individual Client, and are verified by Lydia before their execution. This process of verification is communicated to the Beneficiary via the terminal being used to accept the payment.

Lydia and the Bank Partner may refuse any payment order by notifying the Individual Client.

4.4. Execution

Lydia is responsible vis-à-vis the Individual Client for the correct processing of Transactions linked to the Lydia Individual Account. The Transaction total corresponds to payment orders duly authorised by the Individual Client, and notified as such to Lydia Users.

 

5. Security Protocols and Strong Authentication

5.1. Personalised security protocols

The Customer must, at the time of signing up to Lydia’s Service, save his/her personal details in the Lydia secure platform. The Individual Client must save his/her email address and mobile telephone number in the Lydia Application for Individuals, as well as a password associated with these two user details.

Lydia reserves the right to refuse certain security codes (passwords) that are deemed insufficiently secure. The user details allow the Individual Client to identify himself/herself when the Lydia Application for Individuals is first opened.

The combination of these two pieces of data (one of the two user details - mobile number or email address - and the password) constitutes the personalised security protocol made available to the Individual Client by Lydia. This protocol is unique to each Individual Client, and is his/her responsibility to look after.

5.2. Strong Authentication

There is a dual personalised security protocol for certain operations, which is intended to provide a strong authentification of the Individual Client. To this end, in the case of the use of the Lydia Application for Individuals, the Individual Client must save a four-digit personal security code within the Lydia Application for Individuals. This code must be entered during operations to top up, make a payment, and receive a refund that are carried out upon the request of the Individual Client. 

By entering and validating his/her personalised security protocol and confirming the Transaction, the Individual Client gives his/her definitive consent to the payment order. From this moment, the Individual Client can no longer revoke his order. It is also at this moment that Lydia receives the order to execute the payment, apart from in the case of an in-person payment, where Lydia receives the payment order upon the scanning of the QR code by the Beneficiary of the transfer.

 

6. Information between the parties

6.1. Information about holding a Lydia Account for Individuals

Lydia provides the Individual Client with an account statement, accessible in the Lydia Application for Individuals. The history is instantaneously updated after the execution of each operation.

Upon the request of the Individual Client, Lydia must issue, free of charge, at least once a month, an electronic monthly statement of Transactions. The former may also, at any time, consult the balance of his/her Lydia Individual Account in his/her Lydia Application for Individuals or, if he is a user of the Cagnotte service, in the Cagnotte platform.

The account statement summarises, in chronological order, the debit or credit Transactions via Lydia Services during the reporting period, including any applicable charges.

If there are no Transactions recorded in the Lydia account during the month in question, the monthly account statement will not be edited. If inactivity continues, the account statement will be reported annually. The statement becomes monthly once a transaction has been executed.

An electronic annual account statement of charges is provided to the Individual Client during the month of January of each year. This document summarises the total funds received by Lydia during the previous calendar year for services provided by Lydia.

6.2. Communication by Lydia on the refusal to execute payments

When Lydia refuses to execute a Transaction, the Individual Client will be informed immediately by a notification within the Lydia Application for Individuals or, failing this, by SMS or email, as soon as possible and, in any event, within a period of 3 working days after the refusal. Lydia also informs the Individual Client, if possible and unless prohibited under international or national legislation, of the reasons for such refusal and, in the event of a clerical error, the correction needed or, in the event of insufficient funds, the need to top up his/ her Lydia Account for Individuals beforehand.

 

7. Pricing conditions

The pricing conditions linked to a Lydia Account for Individuals are described in the “Pricing conditions” Appendix.

 

8. Obligations and responsibilities of the parties

8.1. Obligations and responsibilities of the Lydia Individual Client

8.1.1. Verification of the monthly account statement

The Individual Client must verify the accuracy of the information in the account statement.

8.1.2. Information about the personal situation of the Individual Client

It is the Individual Client's responsibility to communicate in writing to Lydia his/her exact address as well as any subsequent changes to this. (S)he must also inform Lydia of any changes related to his/her status as a Lydia User (Mobile Number, address, email address, last name, ...).

In the absence of information of any changes, Lydia can not in any case be held responsible for of negative consequences to the Individual Client such as the blocking of the account.

8.1.3. Report unauthorised or improperly executed operations without delay

The Customer must promptly notify Lydia of any unauthorised or improperly executed Transactions (s)he would like to challenge within 13 months of the date his/her Lydia Account for Individuals was debited.

In accordance with Article L133-24 of the French Monetary and Financial Code, this maximum period of objection is a definitive time-limit, beyond which no further challenge can be raised either with Lydia or its ombudsman, nor with a judge. This does not apply when Lydia has not provided the Individual Client with the information required after the execution of this Transaction, in accordance with 6.1 of these Terms of Use for Individuals.

The complaint must be made by telephone, email or by registered letter with acknowledgment of receipt to the Customer Support Team:

8.1.4. Proper use of the Lydia Service and the personalised safety protocol

The Individual Client uses the Lydia Service, in accordance with the purposes and conditions described in this Agreement. (S)he must use the personalised security protocol and follow the security procedure, whenever Lydia instructs him/her to do so, otherwise (s)he will be held responsible.

The Individual Client must take all the necessary measures to ensure the security of his/her mobile phone and his/her personalised security protocol. In particular, (s)he must keep his user identity details, password and security codes absolutely secret and not communicate them to anyone.

8.1.5. Request to block a Lydia Account for Individuals

As soon as (s)he becomes aware of the loss or theft or any fraudulent use of his/her mobile phone where the Lydia Application for Individuals or any other Lydia services for Individuals are installed, and / or concerning the personalised security protocol, the Individual Client must inform Lydia without delay in order to block access to his/her Lydia Individual Account.

This appeal must be made by telephone, by calling the Customer Support Team.

The Individual Client is contacted by the Customer Support Team, and must confirm his/her request to block his/her Lydia Individual Account, and the validity of this request. A trace of this request to block the Lydia Individual Account is retained for 18 months by Lydia, who can provide it to the Individual Client upon request during the same period. Lydia cannot be held responsible for the consequences of a request to block a  Lydia Individual Account  that is not generated by the Individual Client.

The Individual Client is responsible for any unauthorised operations carried out before the request to block the account, within the limits stipulated in 8.2.1 of these Terms of Use. All unauthorised transactions are the responsibility of the Individual Client, without any amount limits in the case of gross negligence by the Individual Client towards the obligations mentioned in 8.1.4 or fraudulent activities. The reactivation of the Lydia Individual Account is carried out at his/her own initiative, if necessary after changing his/her mobile phone and / or mobile number.

In the case of theft of the mobile phone, or fraudulent use of the personalised security protocol and / or mobile telephone, Lydia may ask the Individual Client for a receipt or a copy of the formal complaint.

An email is sent to the Individual Client confirming that the account has been unblocked, and that the password has been changed.

For security reasons, the balance of the Lydia Individual Account held by the Individual Client is stored on an escrow account held by a credit institution, not on the mobile phone. Therefore, in the event of theft, loss or damage to the mobile phone, the balance of the Lydia Individual Account is not lost (except in the case of fraudulent Transactions, which are reimbursed in line with the conditions indicated below).

8.2. Lydia’s obligations and responsibilities

8.2.1. Liability and refund system for unauthorised Transactions

Apart from the exceptions described afterwards, Lydia takes responsibility for the following unauthorised Transactions:

Prior to the request to block an account, all amounts in excess of €150 (inferior amounts are charged to the Individual Client), for the operations following the loss or theft of the mobile phone and the personalised security device. The Customer's liability is not incurred if the unauthorised operation has been carried out by unknowingly diverting his/her Smartphone and / or his/her personalised security protocol;

After the request to block an account, with the exception of any operations carried out by the Individual Client.

8.2.2. Liability and refund procedure for non-executed or poorly executed transactions

Lydia is responsible for the Individual Clients in the following circumstances:

  • For payment orders issued by the Individual Client: correct execution as soon as Lydia has received these orders until the moment the Beneficiary’s account is credited;
  • For transfers to the Individual Client: the crediting of the total amount of the transfer to the Lydia Account for Individuals of the Individual Client;
  • For topping up operations: instantly adding credit to the Lydia Individual Account after receiving the funds for the Individual Client;
  • For transfers to the Individual Client’s Bank Account: the correct execution of the request for a bank transfer from the Individual Client, i.e. the debiting of the Lydia Individual Account and the execution of the transfer, up to the arrival of the funds in the account of the credit institution holding the Individual Client's Bank Account. The latter is then responsible for the successful completion of the transaction, in accordance with the legislation in force.

In the event of an incorrectly executed transaction for which Lydia is liable, Lydia is to return promptly to the Individual Client the amount of the transaction concerned or to correct the error and, if necessary, to restore the Individual Client’s Lydia Account to its state if the Transaction had not occurred.

In the case of an incorrectly executed Transaction, without prejudice to its responsibility and at the request of the Individual Client, Lydia commits to trying to find the trace of the operation and inform him/ her as to the result of this investigation.

8.2.3. Case of exemptions from liability

8.2.3.1 Hardware error and lack of funds

Lydia is, in certain cases, entitled to refuse to execute a Transaction, notably due to a lack of sufficient funds in the Lydia Individual Account, a legislative or regulatory provision, or a physical error (incorrect user details, invalid password ...). However, in the latter case, Lydia commits to recovering the funds involved in the operation.

A refused Transaction is deemed not received, and therefore Lydia cannot be held liable.

8.2.3.2 Exceeding limits and blocked accounts

If an operation leads to the exceeding of one of the limits set by Lydia or one of the annual legal limits mentioned in the "Pricing and limits" Appendix, and the Individual Client does not provide the information or Documents requested, Lydia refuses to execute it and blocks the Lydia Individual Account of the Individual Client.

The requested operation can be carried out once the user provides the required documents and Lydia verifies these. The latter then receives confirmation of the unblocking of his/her account.

Lydia may also block access to its Services and the Lydia Individual Account for reasons of security, or suspected unauthorised or fraudulent operation, or the substantially increased or proven risk that the Payer is unable to respect his/her obligation to pay or, if it turns out that the Individual Client, is in breach of the conditions herein, or holds several Lydia Individual Accounts.

The Individual Client is notified of the decision to block his/her account by email or SMS, if possible before the account is blocked and, at the latest, immediately after, unless the transfer of this information is not acceptable for objective security reasons or is prohibited under other relevant international or national legislation.

To request the unblocking of an account, the Individual Client can contact the Customer Support Team by phone

8.2.3.3 Misconduct of the Individual Client

Lydia is not to be held responsible for any financial loss in the event of gross negligence of the obligations referred to herein or fraudulent acts by the Individual Client.

8.2.4. Other cases of exemption from liability

Lydia and its Banking Partner are not involved in any commercial dispute between the Professional Client and the Individual Client.

Consequently, Lydia does not cover any disputes related to the products and services sold, the cancellation or the refund of purchases made through Lydia Services.

The Individual Client must contact the Beneficiary directly for any dispute related to the sale of the goods or service concerned.

Lydia can not be held liable in case of force majeure as defined by the jurisprudence of the French courts or tribunals, or when Lydia is bound by other legal or regulatory obligations, or when the Individual Client has not challenged the transaction within thirteen months.

In general, Lydia cannot be held liable for the direct and indirect consequences of measures of every kind, in particular the freezing of assets, which it might have to take in the context of its obligations to the state, notably with regards to the fight against money laundering and terrorism financing. As such, Lydia cannot be held responsible for delays of execution thus induced.

Lydia Solutions will do its best to ensure the availability of its Services 24 hours a day and 7 days a week. However, Lydia Solutions cannot be held responsible by the Individual Client in the case of malfunctions, errors or disruption to the Service for any reason whatsoever.

The Individual Client acknowledges that his/her access to the Service may be occasionally restricted to enable the correction of errors, the maintenance or the introduction of new functionalities or new services.

In addition, Lydia Solutions cannot be held liable for any indirect loss of income or profits or any other loss or damage resulting from the use or non-use of the Service.

 

9. Duration, Modification and Termination

9.1. Duration of contract and withdrawal period

The Lydia Contract is valid for an indefinite period of time, provided that the Individual Client has not used the right to withdraw within the fourteen calendar days from the completion of the contract in accordance with Article L. 121-29 Of the Consumer Code.

The use of the right of withdrawal does not entail the challenging of the payment Transactions carried out prior to this.

9.2. Amendment of Contract

9.2.1. Amendments initiated by Lydia

Lydia Solutions and its Banking Partner reserve the right to modify this Agreement unilaterally, except for changes in pricing conditions and payment terms, for which Lydia Solutions will inform the Individual Client in writing, no later than two months prior to the effective date of the amendments.

In the absence of a written complaint by registered letter addressed to Lydia Solutions by the Individual Client within this period of two months, the latter is deemed to have accepted these modifications.

In the event of refusal of the proposed amendments, the Individual Client may, upon written request, cancel the contract binding him/her Lydia Solutions, at no cost before the date on which the proposed modifications come into effect.

This request does not affect all payments (fees, contributions, payment) for which the Individual Client remains liable.

9.2.2. Amendments initiated by the Individual Client

The Individual Client may disable the Lydia Application for Individuals at any time by deleting it.

The Individual Client may amend, via the Lydia Application for Individuals, the Lydia Customer Support Team, or via a Partner Application, certain personal data declared upon signing up to the Service, by following the instructions and providing the requested documents. These changes may result in the modification of the Contract.

9.2.3. Amendments imposed by legislation or regulations

Any legislative or regulatory provision that necessitate the amendment of all or part of this Agreement shall apply without notice from the date of the provisions coming into effect.

9.3. Termination of the Lydia Contract

9.3.1. Termination initiated by the Individual Client

The Individual Client may terminate his/her Lydia Contract at any time and request the closing of his/her Lydia Account for Individuals by settling any sums due or transferring the remaining balance of his/her Lydia Account.

To do so, the Individual Client contacts the Lydia Customer Support Team. (S)he will receive an email confirming the termination within 5 working days of receipt of the cancellation request.

9.3.2. Termination initiated by Lydia Solutions

Lydia Solutions may terminate the Agreement at no cost by simple email notification, after a notice period of 30 calendar days has expired.

However, Lydia Solutions is exempt from observing the notice period and may immediately close the Lydia Account for Individuals in the case of seriously reprehensible behavior by the Individual Client (in particular, in the case of refusal by the Individual Client to provide information, or false or inaccurate documents, or threats or insults against a Lydia Solutions employee) or failure to comply with any of the obligations arising from this Agreement.

9.4. Effect of Termination and Closing an Account

Upon termination and after the settlement of outstanding Transactions, Lydia Solutions closes the Lydia Individual Account and transfers an amount corresponding to the balance available on his/her account, minus any fees relating to Lydia Services, to the Bank Account of the Individual Client whose details have been previously registered in accordance with article 4.2.7 hereof.

The transfer to the Individual Client’s Bank Account takes place within a maximum of three working days. Closing a Lydia Individual Account results in the deactivation of Lydia Services.

In accordance with anti-money laundering and terrorist financing regulations, Lydia Solutions keeps customer identification documents throughout the duration of the contract and for the five years following termination.

9.5. Account resiliation in the event of death

The death of the Individual Client terminates the Lydia contract, as soon as Lydia is informed. Transactions occurring from the date of death shall, unless otherwise agreed by the successors in title or by the notary in charge of the estate, be deemed not to have been authorised. The Lydia Account is kept open for the time necessary to settle the estate and Lydia ensures the settlement of the balance with the agreement of the estate or notary in charge of the estate.

10. Complaints and mediation

10.1. Complaint

Any request for information or complaints relating to this Agreement is to be sent by the Individual Client to Lydia’s Customer Support Team.

In the case of a complaint and if no agreement can be found with the Customer Support Team, or in the absence of replies within thirty calendar days, the Individual Client may refer the matter to the Ombudsman or, where applicable, the competent court .

10.2. Mediation

For any dispute concerning the management of the Lydia individual Account not resolved by a complaint and prior to any legal action, the Individual Client is requested to send his/her claim directly to the Ombudsman of the Banking Partner, by post, to the following address: M. Le Médiateur de l’Association des Sociétés Financières 75 854 Paris Cedex 17.

11. Protection of users' funds

The funds of the User are deposited at each end of Business Day in an escrow account held by a credit institution.

The funds collected are protected against any pleas from other creditors of the Banking Partner, including in the event of enforcement proceedings or insolvency proceedings opened against the latter.

12. Anti-Money Laundering and the Fight Against the Financing of Terrorism

Pursuant to the provisions of Articles L.561-2 et seq. Of the Monetary and Financial Code relating to the participation of financial institutions in the fight against money laundering and the financing of terrorist activities, the Banking Partner, as a Banking institution, and Lydia Solutions, as a PSP Agent, are bound by certain obligations.

They must, in particular, perform all due diligence necessary for the identification of the Individual or Professional Client, and the beneficial owner. They must also inform the Client of any business relationship or Transaction at the origin or object of the operation and the destination of the funds.

The Individual Client agrees to perform all necessary diligence to allow Lydia Solutions and the Banking Partner to carry out a thorough review of the Transactions, to inform them of any exceptional operation in relation to the Transactions usually registered on his/her Lydia Individual Account, and to provide them all documentation or information required.

The Individual Client acknowledges that Lydia Solutions and the Banking Partner may be required to set up surveillance systems, the purpose of which is to fight against money laundering and the financing of terrorist activities.

The Individual Client acknowledges that Lydia Solutions or the Banking Partner may terminate or postpone at any time the opening of the Lydia Individual Account or the execution of an operation in the absence of sufficient information about its nature. The Individual Client is aware that a transaction carried out within this context could be reported to the national financial intelligence unit (TRACFIN).

Thus, no prosecution based on articles 226-13 and 226-14 of the Criminal Code and no civil action can be led or any professional sanctions imposed against Lydia Solutions or the Banking Partner, their officers or their employees who have sworn their adherence to the declarations mentioned in articles L 561-15 and onwards of the Monetary and Financial Code.

13. Professional confidentiality and right of access and correction

All the information contained herein is covered by professional confidentiality under the conditions of article L.511-33 of the Monetary and Financial Code. The Individual Client accepts that his/her personal details and information are transferred by Lydia to the Banking Partner and their operational partners for the purpose of executing the proposed transactions and services, provided that these third party recipients are subject to a check guaranteeing a sufficient level of protection as defined in Article 561-7 II b of the Monetary and Financial Code.

Certain information may give rise to the exercise of the right of access and rectification under the conditions provided for by law no. 78-17 of 6 January 1978 as amended relating to data processing, files and freedoms. The Individual Client may at any time obtain a copy of the information concerning him/her upon request addressed to the Lydia Customer Support Team. (S)he may request, by writing to the same address, a deletion or correction of this information in writing.

The Individual Client may at any time oppose the receipt of commercial solicitations, have his contact details modified, oppose their communication by sending a notification by mail to the address mentioned in article 10.1 of this Agreement.

14. Intellectual Property

Lydia Solutions retains exclusive ownership of the rights attached to the Lydia mobile applications, software and website, and to the respective names, trademarks, domain names, logos or other distinctive signs that it holds.

The Individual Client acknowledges that his/her sole use under this Agreement does not allow him/her to claim intellectual property rights of any kind on them, they remain the full property of Lydia Solutions. This Agreement does not, therefore, confer any assignment or license of rights.

15. Evidence 

Proof of Transactions by the Individual Client relating to his/her Lydia Account is the responsibility of Lydia Solutions and results from its accounting records, in the absence of any evidence to the contrary provided by the Individual Client, whose responsibility is to keep proof of the Transactions executed).

The Individual Client and Lydia Solutions acknowledge the validity and probative force of the emails, SMSs and digitised documents exchanged between them under this Agreement, as well as the notifications generated by Lydia Solutions on the Smartphone of the Individual Client in the event that the latter has downloaded and installed the Lydia mobile application and has authorised these notifications, and more generally of any electronic record retained by Lydia Solutions.

16. Applicable Law and Language - Competent Courts

this Agreement is in the English language, and Lydia Solutions and the Individual Client agree to use French or English in their pre-contractual and contractual relations. The law applicable to this Agreement is French law, the competent courts are the French courts.