Metron Account Terms and Conditions
These terms and conditions, relating to the provision of digital assets services of custody of digital assets on behalf of a clients, buying and selling digital assets for legal tender and exchange of digital assets against other digital assets via a Crypto-account opened with us via our mobile application (“Crypto T&Cs”), form the basis of the agreement between you and us. The provisions of these Crypto T&Cs will apply to you from the date on which you open your Crypto-account via the Application under the conditions detailed below, and from the date you accept these terms and conditions via the Application.
In these Crypto T&Cs, "Customer", "you" or "your" (or the likes) refers to the holder of the Crypto Account, and Shares Digital Assets, SDA, "we", "us" or "our" (or the likes) refers to Shares Digital Assets, a simplified joint-stock company incorporated under the laws of France, registered as a digital asset service provider ("DASP") with the French Financial Markets Authority under number E2023-071. References to these Crypto T&Cs include these Crypto T&Cs , as well as any other agreements or disclaimers that apply to your Crypto Account, each as amended or supplemented from time to time.
By accepting these Crypto T&Cs and opening and/or using your Crypto-account, you expressly accept the terms of these Crypto T&Cs, and any other agreement or document incorporated therein and/or to which they refer (altogether the “Agreement”).
These Crypto T&Cs constitute a binding legal agreement and it is important that you read and understand the terms before you agree to them. Please note that the French version, available on this webpage, will prevail in case of discrepancy due to the translation. If you have any questions, you should contact our customer support using our contact form on our website or via our mobile application, or seek independent legal advice if necessary.
Important information
Please read carefully
Things you need to know
The information provided by Shares Digital Assets tells you, in the context of this Agreement, about us, the legal terms and conditions applicable to the services we provide to you and the risks that apply to our digital assets services. You must read and accept them before you access our services. If you do not agree to these terms, you will not be able to access and use our digital asset services.
You should also carefully read the General Terms and Conditions of Use of the Shares Application, as well as any other contractual or information document, provided separately, to which you are asked to consent before using the features and services that we offer you.
You should also refer to our Risk Disclosure (in Appendix 1). Please read them carefully before you open your Crypto-account and using the Digital Assets Services. If you have any questions or doubts about the content of this important information and this Agreement, you should seek independent professional advice.
Lack of deposit insurance mechanism
Shares Digital Assets is not a member of the Deposit Guarantee Scheme and Resolution provided for in Articles L. 312-4 et seq. and L. 322-1 of the French Monetary and Financial Code. This securities guarantee scheme, the purpose of which is in particular to compensate the claim resulting from the unavailability of financial instruments held in a member institution, is not applicable to the custody of digital assets.
The Electronic Money Account is also not covered by this mechanism.
No advice
Shares Digital Assets offers a custodial service for digital assets, buying and selling digital assets in fiat currency and exchange of digital assets for other digital assets and allows you to open a crypto-account on the Application. In accordance with the regulations applicable to us, we will not assess the appropriateness of the investments we list in light of your experience and knowledge, and we are not obliged to warn you if any investment you are considering does not seem appropriate to us. We do not offer any advice and will not provide you with any personalised recommendations regarding the suitability or adequacy of any particular investment. Although we may from time to time provide you with factual information about investments, this information is not and should not be interpreted as advice. You are solely responsible for the decisions you make in relation to your orders. If you are uncertain as to whether an investment is appropriate for your individual circumstances or needs, you should seek independent professional advice.
Potential risks
The activity of buying and selling digital assets in a fiat currency and exchanging digital assets for other digital assets is risky. The value of your investments may fall or rise and you may get back less than your initial investment. In some cases, you may lose your entire initial investment. Past performance of an investment is not an indication of its future performance. Further details on the risk of investing in digital assets through your crypto-account are provided to you in our risk disclosure document in Appendix 1 to these Crypto T&Cs. Before using the Application to submit orders in relation to investment, you must determine whether you have understood the risks detailed in these Crypto T&Cs and Appendix 1.
Purchase and sale of digital assets in fiat currency
- We provide for the purchase and sale of digital assets through our Application under the conditions set out in these Crypto T&Cs.
- Exchange of digital assets for other digital assets
- We provide for the exchange of digital assets for other digital assets via our Application under the conditions set out in these Crypto T&Cs.
Execution of your orders
- We will not execute your orders ourselves, but use one or more digital asset market platforms with which we have agreements.
- You can only cancel an order with our consent, and you cannot cancel an order once it has been executed. This means that it is important to ensure that you enter your order details correctly and that you are willing and able to enter into a binding commitment to buy, sell or exchange a digital asset when submitting your orders.
- Maintaining digital assets
- We will hold the investments in digital assets via our Application under the conditions set out in these Crypto T&Cs.
Electronic money account
Opening a Crypto-account with us involves opening an Electronic Money Account. This Electronic Money Account is provided by a third party electronic money institution, authorised to provide payment services, with whom you will have a direct contractual relationship. As such, Shares Digital Assets does not act as an agent for said electronic money institution.
You should note that your Electronic Money Account is not a bank account but an Electronic Money Account opened with a third party electronic money institution outside the Shares group of companies. The Electronic Money Account will be protected in accordance with the conditions of the electronic money institution concerned, and the regulations applicable to it.
Tax
Various tax regimes may apply to your trading in digital assets in fiat currency and exchanging digital assets for other digital assets, depending on your tax status and the tax regulations applicable to you. You are solely responsible for determining the tax impact of your activities through the Application and you should seek tax or legal advice if you have any questions or doubts in this regard. Shares Digital Assets, and any other company in its group, do not provide tax advice.
Your Situation
You must comply with the legal and regulatory obligations applicable to you, in particular in terms of taxation, whether your residence or banking address is in France or abroad. You undertake to notify us, in the event of a change of contact details, address, bank address, tax situation, or any other fact, data, event, information, likely to affect the execution of this agreement, as well as to provide, as soon as possible, the corresponding supporting documents that we may be required to ask you in this regard.
Your Financies
You should ensure that your personal finances are suitable for the purchase and sale of digital assets or the exchange of digital assets and that you have the ability to bear all losses that may arise from your investment activity via the Application. You should not rely on making a profit through the investments you have made to repay or forfeit any credit or financing you have contracted. You should not enter into a credit agreement in order to finance your activity of buying and selling digital assets or trading digital assets through the Application.
Article 1 - Definitions
Throughout these Crypto T&Cs, we use certain capitalised terms that have specific meanings as detailed below, these terms are, where applicable, used interchangeably in the singular or plural:
Digital Assets: means the digital assets available through the Application and for which you may submit Orders to us.
Application (or App): means the mobile application whose Features you use (as this term is defined below), under the conditions set out in the App Terms and Conditions of Use.
Customer: means the Users of the Application benefiting from the digital asset Services (as this term is defined below) offered by Shares Digital Assets, including you.
Electronic Money Account: means the electronic money account opened with the Electronic Money Institution (as this term is defined below), which you use to settle your Transactions (as this term is defined below), and to receive funds from the closing of your Positions (as this term is defined below).
Crypto-account: means the Digital Assets Account that you open with us via the Application
User Account: has the meaning given to it in the General Terms and Conditions of Use:
General Terms and Conditions of Use (or “App T&Cs”): means the general terms and conditions of operation of the Application which are approved by the Customers, and which may be amended from time to time.
General Conditions of Services for Outsourced Payment (“Modulr T&Cs”): means the general conditions for the provision of our payment services that are separately provided to you by the Electronic Money Institution authorised to provide such services to you and with which we have entered into a partnership.
Base currency: means the euro (€) or currency of the country in which you reside.
Technical Failure: means one of the following cases: unavailability of access to the telephone network or the internet by us or by you, unavailability of our data hosted by third parties and for reasons attributable to these third parties, unavailability of access to your Crypto-account which is not our fault, technical problem inherent in the operation of a blockchain or a smart contract, unavailability of access or operation of the Electronic Money Account or failure of the Electronic Money Institution, unavailability of access to partner Digital Assets market platforms for the purchase or sale of Digital Assets by us on our own behalf, unavailability or loss by you of access to your User Account, resulting from the action of hackers, a logical attack or a computer virus or any other malice on your computer systems, those of the technical partners, or the marketplaces used by us for the Services making it impossible to carry out Transactions (as these terms are defined below), and any other Technical Failure listed by the General Terms and Conditions of Use.
AEoI: refers to the automatic exchange of information between France and its partners, subjecting financial institutions to the obligation to collect from their customers information relating to tax residence and, where the latter is not located in France, to the tax identification number of the holders of financial accounts, under the conditions set out in Article 1649 AC of the French General Tax Code.
European Economic Area (or EEA): means the European Economic Area, namely the Member States of the European Union as well as Iceland, Liechtenstein and Norway.
Electronic Money Institution: means the electronic money institution with which you open an Electronic Money Account, for the purpose of carrying out your payment transactions via the Application.
FATCA: means sections 1471 to 1474 of the U.S. Internal Revenue Code, as amended, any regulations or agreements arising therefrom, any official interpretation thereof, any law implementing an intergovernmental approach in this regard, in each case, as amended from time to time.
Features: means the various features offered by the Application, existing or future, as listed in the General Terms and Conditions of Use.
Transaction Fees (or Service Fees): means the fees charged by Shares Digital Assets to Customers in connection with the provision of the Services and detailed in the Fees Policy.
Force majeure: has the meaning given to it in the French Civil Code
Price slippage: has the meaning given to it in Article 5.7 of these Crypto T&Cs.
Investments: means, at any time, all Digital Assets to which you have subscribed via the Application, and duly recorded in a Crypto-account.
Working Days: means Monday to Friday, with the exception of public holidays in the country of residence of the Customer. When it is not specified, the term “day” means a calendar day.
KYC: stands for “know your customer”, the procedure for identifying and verifying Customers, including you, and part of the anti-money laundering and anti-terrorist financing mechanism
Order: means any instruction from you via the Application to buy, sell or exchange (a) specific Digital Asset(s). Orders are executed on the partner Digital Asset Marketplace (as this term is defined below).
Recurring Buy Order: means any instruction from you via the Application to buy specific Digital Asset(s), on a regular basis, over a period of time defined by you.
Digital Asset Marketplace: means any digital asset marketplace on which Customers' Digital Assets are acquired, sold or traded by Shares Digital Assets.
Fees Policy: means the Shares Digital Assets document describing all the Service Fees applicable to the Customer and communicated to the latter under the conditions of Article 7.
Positions: means the Investments position held as a result of the completion of the Transactions.
Digital Asset Services (or Services): means the services provided by Shares Digital Assets under the conditions set out in Article 2 hereof.
Shares Digital Assets (“SDA”): means us, as a Digital Asset Service Provider, in connection with the provision of Digital Asset Services to you.
Applicable Regulations: means the legal and regulatory provisions of French law applicable to these Crypto T&Cs.
Transaction: means any Order to buy, sell or trade that has been executed and completed.
Users: means the Users of the Application benefiting from the Digital Assets Services offered by Shares Digital Assets, including you.
In these Crypto T&Cs:
- any word or expression used that is defined by the Applicable Regulations will have the meaning given to it by said Applicable Regulations in these Crypto T&Cs, unless otherwise stated;
- references to the legal provisions, regulations, codes, notices, guidelines, position-recommendations, instructions, and any other system under the Applicable Regulations, include the legal provisions, regulations, codes, notices, guidelines, positions-recommendations, instructions, and any other system under the Applicable Regulations, existing or future, applicable, as amended, extended, consolidated, replaced or updated over time;
- references to laws or regulations are, for the avoidance of doubt, references to the laws or regulations applicable in France;
- the headings of the articles are for information purposes only and do not affect the interpretation of these Crypto T&Cs.
The terms already defined within the framework of the General Terms and Conditions of Use of the Application have the same meaning within the framework hereof.
Article 2 - Our Services
2.1. List of the Services provided.
Pursuant to Article L.54-10-2 of the French Monetary and Financial Code, these Crypto T&Cs provides for the provision by Shares Digital Assets of the following Digital Asset Services:
- The Digital Asset Custodial Service (the “Custodial Service”);
- The buy and sell service of Digital Assets in fiat currency (the "Buy and Sell Service");
- Exchange of Digital Assets for other Digital Assets (the “Exchange Service”).
- The Services offered (“Crypto Services”) by us relate to Digital Assets available on a partner Digital Assets Marketplace, and to any other Digital Assets we may offer in the future.
The Digital Asset Services are deemed to be provided at your initiative if you request them following any communication containing a promotion made by any means and which by its very nature is general and addressed to the public or a broader group or category of Customers. You acknowledge that Shares Digital Assets has not carried out, directly or indirectly, any act of banking and financial canvassing within the meaning of Article L. 341-1 of the French Monetary and Financial Code, with a view to seeking your agreement on these Crypto T&Cs, the Crypto Services we offer or the products we list.
Depending on your personal situation, only some of the Crypto Services may be available to you.
You consent to certain Crypto Services, or parts thereof, being outsourced and provided by third party companies to us, whether part of our group or external to our group; we remain responsible for the Services provided.
2.2. Scope of our Services
Your Transactions are carried out on your own initiative and under your full responsibility without any advice from us. We will execute your Orders on a partner Digital Asset Marketplace under the conditions set by the Applicable Regulations, and we will hold your Digital Assets in your Crypto-account.
As already described in the important information in the preamble above, Shares Digital Assets is not entitled to and is not obliged to provide you with investment advice relating to specific Digital Assets, on its own initiative or on your own solicitation and/or request, and will not carry out any verification as to the adequacy of the Digital Assets, with regard, in particular and without limitation, to your risk tolerance and your ability to bear losses.
We will not provide you with any investment, legal, tax or other advice. You shall furthermore not seek and/or solicit and/or require such advice from us, either from Shares Digital Assets, or from any other entity of the Shares group of companies to which we belong, or from any other Customer, and any decision to buy, trade or sell a Digital Asset that we list, is yours and we will not be responsible for your decisions. We do not provide any individual portfolio management services on Digital Assets.
2.3. Electronic communication
You confirm that we may communicate with you in paperless form, and that all the pre-contractual information and documentation provided to you will also be in electronic format. Where the Applicable Regulations require that documents to be provided on a durable medium, we will send you the documents in PDF form (Portable Document Format) files, which will be sent to your email and/or viewable via the Application. You will then be able to download them to your mobile device.
