TOU

Terms of use and provision of services

The present general terms and conditions of use and service offer (hereby, the “TOU”) apply to the use of the service platform made available by Equiteasy, a simplified joint-stock company with a capital of €10,000 whose head office is located at 84 avenue du Général Leclerc, 92100 Boulogne-Billancourt, registered at R.C.S. de NANTERRE, under the number 823 534 342 (hereby, “EQUITEASY”) which operates the internet site http://equiteasy.com and the pertaining URLs (hereby, le “Site” as defined in Article 1).

EQUITEASY reserves the right to make changed to the TOU at any time. The TOU apply from the moment a project is created (hereby, the “Project”, as defined in Article 1) and will apply to all participating Project Users (hereby, “Users”, as defined in Article 1).

Article 1 - Definitions

« Site » : refers to the virtual and analog platform whose functional and organisational services set up on the Internet by EQUITEASY on its website http://equiteasy.com allow Users to benefit from Services rendered by EQUITEASY and put in relation with other categories of Users.
« Transaction(s) »: refers to the closing of a stock-taking transaction on equity or quasi-equity and, more generally, any transaction involving capital or a transfer of share or equity or obligation by an Entrepreneur that it be implemented with another User or with a third party.
« Entrepreneur » : refers to a Business Owner, Business Manager, Project Leader, etc. looking for an Investor, a financing solution or having a project of business transfer of his company.
« Advisor » : refers to a Chartered Accountant, Lawyer, Wealth Management Advisor, M & A Advisor, etc. eager to support their clients in their financing issues.
« Investor » : refers to an investment fund, family office, business angels network and business angels.
« Business Purchaser » : any natural or legal person acting in a professional capacity with a business resumption project.
« Services » : refers to the services rendered by EQUITEASY as part of the website.
« Project » : refers to the Entrepreneur's financing, investment or divestment or business transfer project.
« User » :refers to any natural or legal person acting in a professional capacity who has accepted the TOS and who is an Entrepreneur, an Advisor, an Investor or a Reseller. Any User undertakes to provide accurate information as to his identity, address and other data necessary for the access of the Platform and to update any modification concerning this information.

Article 2 - Goal

The purpose of these General Terms and Conditions of Use relating to the Site is to set forth the conditions under which Users are allowed to use the Site in order to qualify for Services enabling them to carry out Operations between themselves.

Article 3 - User agreement

  1. The Users are natural or legal people acting exclusively on a professional basis. The Users commit to respecting the laws and rules that are applicable to them.
  2. By registering on EQUITEASY, the User will be given a strictly personal user name and password which they will endeavour to keep confidential. The registered User, or their representative, is the only person authorised to use the Site via the user name and password given. On the assumption that another natural or legal person has accessed it, the User will inform EQUITEASY immediately and confirm this information by post.
  3. The User agrees not to use or create accounts other than those they created, under their own identity or that of another. Any violation of this rule will be as a result of an explicit request by the User and express and specific authorisation by EQUITEASY. Creating or using new accounts under your own identity or that of another without asking and obtaining authorisation from EQUITEASY could lead to immediate suspension of any User accounts and all associated services.
  4. The User undertakes to update, within the limits allowed by EQUITEASY, the particulars concerning them and their company, where applicable.
  5. In case of a dispute between Users, the parties agree that the production of accounts on the EQUITEASY servers by EQUITEASY, the use of the Site and personal access codes in particular will remain valid amongst the parties.

Article 4 - Equiteasy status / Description of services and processes in place

EQUITEASY allows Users to use its Services and facilitates contact amongst them. The Site is meant for Entrepreneurs and their Advisors as much as for Investors and Buyers.

EQUITEASY provides resources and tools to Entrepreneurs seeking financing or business transfer by allowing them to structure and manage their Projet on the Site, and allowing their Advisors to access this information and be put in touch with Investors and/or Buyers. In this way, the Site facilitates fundraising and business transfer processes.

The Site is a platform that automates/digitalised fundraising and business transfers, based mainly on :

  • a qualified database listing several hundred European investment funds and business angel associations;
  • a proprietary algorithm,
  • a built-in structuring and management tool that allows parties to manage their Projects easily and intuitively,

Equiteasy optimises Project-Investor matching, which in turn helps Entrepreneurs succeed in this crucial step.
The Site allows Entrepreneurs to manage their Projects and talk to investors on Equiteasy: Investors receive a notification, verify that the opportunity interests them, and are then redirected to Equiteasy where applicable ;
They get access to some additional information, and then if they confirm their interest, to a Non-Disclosure Agreement signature interface, where applicable.
Once the Non-Disclosure Agreement has been signed (via Yousign, our electronic signature service provider), the investors can instantly access all of the project information prepared by the Entrepreneur or their Consultants:

  • Completed form,
  • Uploaded documents, etc.

The Users who have been put in touch with one another interact on the Site throughout the process (internal email server, provision of documents).

Article 5 - Business services

The Site allows Entrepreneurs to pitch their Project using a form designed specifically to meet Investor expectations, in particular those of investment funds. The questionnaire, which once filled out constitutes the equivalent of a Memo/Deck, makes it possible to pitch the Projet in a way that allows for optimal contact with Investors and buyers.

Users must fill out the questionnaire by completing the mandatory fields as a bare minimum. The Project pitch can also be complemented by uploading the documents (balance sheets, sales pitches, etc.) to the secure workspace. They must then place an electronic signature on the contract setting out the fee outlined in Article 11 of these TOU.

The EQUITEASY algorithm then seeks out the investors most likely to be interested in the Entrepreneur’s Project. The Entrepreneur can then select those whom they wish to contact, as well as add one or more additional investors.

The selected Investors will be emailed a brief, anonymous and confidential outline of the Projet. Only the selected Investors are emailed so as to maintain confidentiality.

Interested Investors will contact the Entrepreneur or their designated Advisors directly or via the Site in order to access all of the Project information, after having electronically signed the Non-Disclosure Agreement posted online by the Entrepreneur.

At the same time, EQUITEASY provides Entrepreneurs with Project structuring and management Services :

  • Project pitch questionnaire;
  • Electronic signature of the documents via recognised service provider;
  • Project management via dashboard and integrated email server;
  • Provision of a secure upload space that can serve as a “data room”;
  • The option of granting Project access to a third party (advisor, colleague, etc.) even if they are not yet a Site User.

Article 6 - Advisor services

Advisors have a dedicated space where they can participate in and manage their Entrepreneur clients’ Projects.

Article 7 - Investor services

EQUITEASY gives Investors “push” access to a qualified deal flow that is in line with their investment strategy.

Article 8 - User / property rights

As part of their subscription to the Site Services, Users have a non-exclusive, revocable and non-transferable right to use the Site and its components, in particular the Investor selection algorithm.
Under no circumstances is any right over the Site or any element thereof transferred or surrendered to the User, and they remain the exclusive property of EQUITEASY and/or its licensors.

The User remains the sole holder of the rights over the content given to EQUITEASY.

Article 9 - Advice

EQUITEASY is not an advisor to the User, nor EQUITEASY does get involved in the Operations carried out by the Users, but simply provides the Services to the Users. EQUITEASY is neither a broker nor an advisor in the field of financial investments.

EQUITEASY does not recommend any investment, does not check or exhaustively examine the User's documents or communications, and does not give commercial advice, financial advice, investment advice. However, EQUITEASY does a formal verification of the information provided by the Entrepreneur to ensure the completeness and good form of his file. The Entrepreneur is therefore fully and solely responsible for the information and data provided.

Article 10 - Equiteasy remuneration / payment

In order to benefit from the Services and in return for the right to use the Website, the Entrepreneurs and / or their Advisors will be liable for a remuneration that is broken down into two parts:

  • A monthly subscription of a fixed amount depending on the duration of the subscription ;
  • An additional lump sum which will be due, in remuneration of the Services:
    • if a Transaction is the subject of a binding agreement within a maximum period of 18 months from the acceptance of these Terms of Use ;
    • this lump sum will be payable even if the Operation would be implemented by resorting only partially to the intermediary of the Site ;
    • this lump sum will be payable as soon as the Operation is actually implemented, namely:
      • The payment of the first euro as part of a financing ;
      • The transfer of the first share or obligation in the context of a share transfer ;

For the avoidance of doubt, it is specified that Equiteasy's lump sum will remain due even if the User is no longer bound by a subscription at the time of the effective implementation of the Transaction.

A model contract can be sent to you on request at contact@equiteasy.com.

Investors will benefit from registration and the right to use the Website free of charge. However, they may be billed for specific additional services such as :

  • The search for a buyer ;
  • The possibility of creating new investment strategies, in particular to identify acquisition opportunities for the Investor's holdings.

The different prizes will be presented and accepted by the User at the time of subscription to the Services. They will be formalized in a contract of which these TOS will be an integral part. This contract will, if applicable, be signed by the Users during the constitution phase of their Project on EQUITEASY.

EQUITEASY invoices are payable in cash. In accordance with the law, it is specified that in the absence of payment within the deadlines, penalties of delay equal to three times the legal interest rate, as well as lump sum recovery fee of 40 € and if these costs are higher than the amount of this lump sum compensation, additional compensation, upon justification.

Article 11 - Responsibilities

EQUITEASY does not examine or verify all of their User-posted content, and neither guarantees nor is able to guarantee that any content posted online by Users is authentic, accurate or complete.

It is up to Users to verify whether the information and content made available to them on the Site is relevant and authentic. Under no circumstances can EQUITEASY be held liable for wrongdoing or for a breach on the part of a User, who is solely liable for their actions vis-à-vis other Users.

Users are hereby notified that EQUITEASY cannot guarantee 24-hour access to the Site and that the Site may be unavailable during regular maintenance periods. However, outside of maintenance periods, EQUITEASY guarantees a 99% availability rate.

EQUITEASY’s liability is limited to direct prejudice and excludes prejudice that is indirect, derivative, incidental or punitive, etc.

Under no circumstances may EQUITEASY be held liable beyond the sum actually paid by the User as part of the Project for which they intend to hold EQUITEASY responsible.

The User shall be liable vis-à-vis EQUITEASY and/or other Users for any fraudulent use of the Site, or for any posted content of illicit, illegal, fraudulent or criminal nature. In particular, the User shall be liable should the spread of any virus, spyware or similar programmes occur, and shall be obliged to indemnify EQUITEASY and its Users for any and all prejudice thus suffered.

Article 12 - Termination

  1. The relationship between EQUITEASY and the User is indefinite except if the User has subscribed for a set commitment period. Unless subscribed for a set commitment period, it is cancellable at any time by EQUITEASY or by the User without any particular motive via notification by email or letter with receipt confirmation return request. The subscription will finish at the end of the current billing period.
  2. In the case of a subscription to a fixed-term engagement, this engagement will be renewed by tacit agreement for a successive period equal to the initial engagement, except if one party terminates it by notifying the other one (1) month before the end of the initial agreement or any renewal period.
  3. If the User is subscribed without a set duration, the User is committed on a month-by-month basis. Subscription will be renewed by tacit agreement every (1) month, except if terminated by the User or Equiteasy before the end of the initial term or renewal period.
  4. In the event of an error committed by a User, such as fraudulent payment, attempted fraud or any other penal infraction, the uploading of any illicit, illegal, fraudulent or criminal content, propagation of a virus, spyware or associated programmes, or disrespect of the TOU, EQUITEASY reserves the right to suspend or terminate access to the User Site, without prejudice to compensation of the full damage felt by EQUITEASY and its other Users. In case of suspension, the User will remain liable for paying the fixed sum due to complete the Transaction. In the case of termination, the User will remain liable for paying the full remuneration to EQUITEASY.

Article 13 - Confidentiality

EQUITEASY attaches great importance to the confidentiality of the data, information and content posted online by its Users.

To this end, EQUITEASY has implemented a data, information and content hosting system whereby each project is split and assigned to different servers so that third parties be prevented from accessing a full and identifiable data set.

As such, EQUITEASY does not pass information along to another User unless prior consent has been granted.

EQUITEASY does not pass along User’s information to anyone who is not a User.

Article 14 - General services

  1. EQUITEASY retains the right to modify the current general terms in accordance with the evolution of their offer and the market. Any modification will take immediate effect for offers online from the time of notifying their Users by any method chosen by EQUITEASY. They will not apply to any Transactions in progress when they come into effect. Occasionally EQUITEASY might change the code, phone numbers, interrupt service for operational or maintenance reasons, or in case of emergency or force majeure.
  2. The User will connect to the Platform using their own equipment and telecommunications. EQUITEASY does not offer the User any material goods, telephone installations, devices, equipment, software nor subscription.
  3. Should a force majeure event occur, the obligations of the party hindered by it shall be suspended, in particular should the following occur :

    • action or failure to act on the part of the government or the competent authorities,
    • obstruction or breakdown of telecommunications networks,
    • civil unrest, civil war, war, military operations, national or local state of emergency,
    • fire, lightning, explosion, flooding, storms,
    • or strike action attributable to a third party.
  4. The invalidity of one or more clauses in the TOU will not lead to the nulling of other clauses.

Article 15 - Protection of personal data

  1. The EQUITEASY site is registered with the French data protection body (CNIL) under number 2071992 v 0.
    It is hereby recalled that personal information gathered in the process of Operations is subject to automated processing. The data recorded is used to respond to the various online services offered by the Platform. By approving these TOU, the User consents to their personal data being used in this way. In accordance with French Data Privacy Act no. 78-17 of 6 January 1978, Users have the right to access and rectify or delete their personal data. This right may be exercised in the following ways: using the email form available on the “Contact” page or by letter sent to Equiteasy (84 avenue du Général Leclerc, 92100Boulogne-Billancourt) or by email (contact@equiteasy.com).

  2. The User can access their information at any time and make any necessary amendments via their secure workspace accessible directly on the Site. However, they will not be able to amend information given as part of their Project presentation.

    Users assume full responsibility for any of their photographs and text appearing on the Site.

Article 16 - Applicable law / Court of competent jurisdiction

The TOU are governed by the provisions of French law. Any disagreement arising from their interpretation and/or their execution that cannot be resolved in an amicable fashion shall come under the exclusive jurisdiction of the Paris Commercial Court.