Terms and Conditions

Disclaimer: this is an English translation of the French General Terms and Conditions and in no case constitutes the binding version which only the French version does.

Welcome to lendix.com and app.lendix.com (the"Site").

The Site is published by Lendix SA (RCS Paris 804 264 174), 94 rue de la Victoire, 75009 Paris

Publication Director: Olivier Goy - Chairman

E-mail address: contact@lendix.com

The sections reserved for borrowers (under the lendix.com/emprunter and app.lendix.com/requests directories) and the section reserved for professional investors (under the lendix.com/institutionnels directory) are offered by Lendix Factory (RCS Paris 823 469 846), a portfolio management company approved by the Autorité des Marchés Financiers under number GP16000030.

The other sections are proposed by Lendix IFP (RCS Paris 808 353 155), registered as an Intermediary in Participating Financing with the Organisme pour le registre unique des intermédiaires en assurance, banque et finance (ORIAS), under number 15000364. Lendix IFP is the payment service provider agent for Lemon Way under number 808353155 on the REGAFI register.

The Site is hosted by OVH (RCS Lille Métropole 424 761 419), Société par actions simplifiée, 2 rue Kellermann - 59100 Roubaix - France and Amazon Web Services LLC, P.O. Box 81226, Seattle, WA 98108-1226.

Any dispute relating in particular to the validity, interpretation, execution or breach of these GCU falls under the exclusive jurisdiction of the French courts.

Navigation on the Site is subject to European and French legislation and regulations in force and to these General Terms and Conditions of Use (hereinafter"GCU").

Thereafter, Lendix refers to Lendix SA and its subsidiaries.

  1. Access to the site

    1. General provisions

      To access and use all the features of the Site, you must be an adult or a minor with parental authorization, not be considered a"US person" within the meaning of the US tax authorities, have a bank account in the Euro zone, a valid e-mail address and a mobile phone number.

      Access to certain sections of the Site requires the use of personal access codes. In this case, it is up to you to take the appropriate measures to ensure the secrecy of these codes. You can change them at any time. However, the number of attempts to access these sections may be limited in order to prevent fraudulent use of these codes. We invite you to inform us of any fraudulent use of which you could possibly have knowledge.

      You acknowledge that the data that you communicate to us and that are stored in our information systems are accurate and constitute proof of your identity. We thank you for informing us of any possible modification of these data.

      In the event of non-compliance with the rules described in these General Conditions of Use, we reserve the right to suspend your access to the Site. In this case, we will inform you as soon as possible.

      Although we strive to keep the Site accessible at all times, we cannot guarantee such access in all circumstances. Indeed, and in particular for reasons of maintenance, updating, or for any other reason that we would not control, access to the Site can be interrupted without the responsibility of Lendix can be engaged. The navigation on the marketplace is completely secure (SSL - https).

    2. Registration of individual lenders

      1. Pre-Registration - Step 1: Validation of Terms of Use

        Before you can access the list of projects available on the site, you must:

        • You pre-register (by providing your full name, email address and by choosing a password that must contain at least 8 characters including 1 number);
        • Validate the present Terms of Use of the Site, as well as the General Conditions of the Payment and/or Electronic Money Service Provider or any intermediary mandated by the Platform appearing on the Site at the address www.lendix.com/cgupsp by ticking the box provided for this purpose;
        • Confirm your email address, by clicking on the email link that was sent to you following your pre-registration.

        during this stage, you will automatically be registered to receive a regular newsletter presenting the new projects available on the Site, as well as the evolution of the projects in progress. If you wish to unsubscribe from this newsletter, simply unsubscribe when you receive the first letter by clicking on the link included inside this letter.

        After this step, you have the choice between continuing your registration or browsing the site to discover projects to finance...

      2. Pre-registration - Step 2: Security, Two-factor authentication and simple electronic signature

        Some additional information is required, including your date of birth, place of residence and mobile phone number.

        The investment process and simple electronic signature of loan contracts on the Site takes place through a secure session (SSL - https) with two-factor authentication including 2 steps:

        • The first authentication step is performed using your email and password;
        • The second step is carried out by sending an SMS on your mobile phone containing a signature code to be registered on the Site to validate your pre-registration and fully express your consent relating to membership of the site's TOS.
      3. Registration: Know Your Customer (KYC) Process - Verifying Your Identity

        Lendix IFP exercising an activity of intermediation in participatory financing, the Site is subject to the regulations in force relating to the fight against money laundering and terrorist financing.

        For this reason, before you can access all the features of the Site, and in particular be able to Invest in accordance with Article 2 of these TOU, you must download the following 3 documents:

        • Copy of an identity document among the 3 following types of documents :
          • Valid passport (pages 2 and 3) in colour
          • National Identity Card (Front /Verso) valid in colours
          • Residence permit (front / back) valid in colour
        • Tax residence of natural persons (a copy of one of the following documents):
          • Water receipt (under 3 months) ;
          • Electricity receipt (less than 3 months) ;
          • Gas receipt (less than 3 months) ;
          • Fixed telephone, mobile or internet bill at your address (- 3 months) ;
          • Local tax (can be transferred from 01/11 to 30/04) ;
          • Property tax or estimated third party (can be transmitted from 01/10 to 31/03);
          • Rent receipt from an institutional (- 3 months).
        • A Bank or Postal Identity Statement

        This verification step is entirely manual and can take up to 2 working days.

        Any false or irregular declaration may be subject to specific processing intended to prevent fraud.

      4. Adding to your Lendix Account

        Before you can invest on the Site in accordance with article 2 of these GCU, you must fund your Lendix Account by credit card (up to €1,000 per transaction, within a limit of €2,000 over 30 sliding days) or by transfer.

      5. Adequacy test

        At the end of the verification process, you must answer a multiple choice questionnaire (estimated filling time: 1 minute) to confirm your investment capacity and your suitability to invest on the site.

    3. Borrowers Registration

      1. Test your company's eligibility for Lendix financing, free and without commitment

        By visiting the following link: https://lendix.com/emprunter/, you can test your company's eligibility for Lendix financing. All you need to do is first communicate your company's SIREN, the amount of financing you want and the purpose of the financing.

        In order to receive the result of your eligibility test, you will be asked to register and in particular to check your e-mail address and the need for funding.

      2. Preparation of the financing file and analysis

        The constitution of the financing file will be mainly manual and will require the sending of the following documents (without this list being exhaustive):

        • The last 3 tax packages (Annexes 1 to 17)
        • The maturity schedule of your existing debts

        An analyst will contact you by e-mail and telephone as soon as possible to study your project and better understand your needs. The analyst may ask you for additional documents if necessary to prepare his analysis which he will then formally submit to the Lendix Factory Credit Committee.

        The duration of this process is variable, and takes on average 4 to 5 working days depending on the nature of the file and the speed of exchanges.

        After validation by the Lendix Factory committee, the funding application is sent to Lendix IFP, which decides on eligibility for participatory funding.

      3. KYC (Know Your Customer) Process - Verification of Your Company's identities and the identity of the Officer(s) authorized to commit the Company

        Lendix Factory is subject to the regulations in force relating to the fight against money laundering and terrorist financing. For this reason, we will have to validate in parallel with the credit analysis the identity of the ultimate beneficiaries of the operation and the company's managers.

        Any false or irregular declaration may be subject to specific processing intended to prevent fraud.

      4. Acceptance of Loan Offer / Electronic Signature

        At the end of the Lendix Factory Credit Committee's deliberations, we will inform you of the acceptance or refusal of the financing of your project. You expressly acknowledge that this decision is made at Lendix Factory's discretion, and that Lendix Factory shall not be liable for any decision to refuse.

        In case of a positive response from us, your project can only be put online after the signature of our Borrower Agreement. The Borrower Agreement lists the information provided by you during the steps detailed in paragraphs 1.3.1 to 1.3.4 above of these GCU, the main characteristics of the loan (amount, duration, rate, fees and commissions, estimated TEG), as well as the legal conditions for putting your project online on the Site.

        The Borrower Agreement requires manual or electronic review and signature by you.

        By signing the Borrower Agreement and the Terms of Reference attached hereto, you formally mandate Lendix IFP to electronically sign on your behalf the Lenders' multiple loan agreements.

  2. Use of the site

    We remind you that the use of the Site assumes that you have the necessary hardware and software to use the Internet.

    Furthermore, we remind you that since the Internet does not guarantee the security, availability and integrity of data transmissions, we cannot be held responsible in the event of errors, omissions, deletions, delays, failures (in particular due to viruses), communication lines, computer hardware and software over which we have no control or in the event of unauthorized use or degradation of any content that you may publish on this Site.

    On the secured spaces, you will be able to take note of investment opportunities or loans and thus either lend to the companies, or borrow to the private individuals.

    You agree to use the information made available on the Site exclusively for the purpose of determining whether to subscribe to a financing request or to obtain financing.

    In addition, you agree to indemnify Lendix for any harmful consequences directly or indirectly related to the use you make of the service.

    The following provisions are expressly brought to your attention. By using this Site, you agree not to:

    • disseminate content that is harmful, defamatory, unauthorised, malicious, violates privacy or image rights, incites violence, racial or ethnic hatred;
    • use the Site to make politics, propaganda or proselytism;
    • publish advertising or promotional content ;
    • disseminate information or content likely to offend the sensibilities of young people;
    • carry out illegal activities, in particular against the holders of rights on software, trademarks, photographs, images, texts, videos etc...;
    • use a defamatory, malicious identifier that violates privacy or image rights or incites violence, racial or ethnic hatred.

    Lendix shall not be liable for any damages, direct or indirect, resulting from the use of this Site.

    1. Services offered on the Site

      1. You wish to lend on the Site

        Lenders investing on Lendix's French site are individuals of legal age.

        The Lendix Account is an account allowing you to simply invest your savings in loans issued by French companies.

        You can open a Lendix Account from 50€ and lend from 20€ to many companies selected by our teams of analysts.

        You choose the companies you like, and in a few clicks you lend and every month you receive the deadlines honored by the companies to which you have lent.

        We invite you to read the General Terms and Conditions of our Payment and/or Electronic Money Service Provider or any intermediary appointed by the Platform appearing on the Site at the address www.lendix.com/cgupsp which describe the operation of the payment and reimbursement operations which could be carried out on your Lendix Account.

        We remind you that lending money to small and medium-sized businesses presents a risk of total or partial loss of the sums lent, and requires you to immobilize the sums lent for the duration of the loan. We invite you to diversify your savings on a large number of projects to offset the risk of default (and loss) on a given project. Diversification is a fundamental point for any investor on a lending platform.

        We invite you to take the time to reflect and carefully read the documentation available on the Site and check all the information you deem useful before making your decision.

        Lendix IFP will not be held liable for the financial and tax consequences of loans granted by you on the Site, and reminds you that you retain full initiative and responsibility for loan granting choices made on the Site.

      2. You wish to borrow on the Site

        You are a company domiciled in mainland France and registered in the trade and companies register, and have closed at least two financial years.

        You need a professional loan to finance a specific project, quickly and without compensation.

        Lendix Factory teams analyze your file and give you access to a base of investors ready to finance your project. As such, you agree to provide Lendix Factory, for the study of your file and then as part of the information posted on the Site, accurate, complete and without omissions on your project and the situation of your company.

        We invite you to read the General Terms and Conditions of our Payment and/or Electronic Money Service Provider or any intermediary appointed by the Platform appearing on the Site at the address www.lendix.com/cgupsp which describe the operation of the payment and reimbursement operations which could be carried out on your Lendix Account.

        We remind you that borrowing money from the public presents a risk of over-indebtedness. Be careful to define your financing needs and repayment capacity.

        Lendix does not provide financial advice to borrowers and cannot be held responsible for the financial and tax consequences of loans you may receive on the Site. We remind you that you retain full initiative and responsibility for the financing and reimbursement of your project.

    2. Downloadable Content

      We may make content available to you on this Site that you are authorized to download ("Downloadable Content"). By downloading or using such Downloadable Content, you agree to use it in accordance with these TOU.

      We grant you, for your personal and private use only, free of charge and for the legal term of copyright protection, a non-exclusive and non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Downloadable Content must be expressly authorised by us.

    3. Personal data

      In the context of the use of this Site, Lendix will process personal data. For more information on how we treat your personal data, please consult our privacy policy, accessible via the following link: www.lendix.com/confidentialite

  3. Tariff conditions

    The simple access to the Site is entirely free.

    To know the prices of the services offered on the Site, we ask you to refer to our faq

  4. Taxation

    Certain information concerning the taxation of the granting of loans by natural persons investors is given to you as an indication on the Site, on our faq. You acknowledge that this information is given for information purposes only and does not constitute tax advice.

    Lendix will not be held responsible for the financial and tax consequences of loans granted or received on the Site, and encourages you to consult your own legal or tax advisor to study your own situation.

  5. Convention of proof

    The electronic acceptance of the GCU between the parties has the same evidentiary value as the paper agreement.

    Computerized records kept in computer systems shall be kept under reasonable security conditions and considered as evidence of communications between the parties.

    Contract documents are archived on a reliable and durable medium that can be produced as evidence.

  6. Loan contracts

    1. Loan agreements signed by lenders

      By signing the present General Conditions of Use, you accept, as a lender, that the signature of the loan contracts that you will be led to conclude on the lendix.com platform is carried out by following the steps described below, and you acknowledge that it represents a simple electronic signature within the meaning of article 1316-4 2nd paragraph of the civil code:

      • 1st step - Registration on the Site in accordance with the terms of Article 1 of these GCU;
      • 2nd stage - Selection of the project and the amount invested
      • Step 3 - A summary of the essential elements of the transaction is communicated to you during the signing process and we will ask you to reiterate your adherence to the TOS, accept the loan contract by checking the acceptance box and clicking on"validate" expressing your willingness to sign the contract. The contract is accessible and downloadable on the Site in your personal space.
      • 4th step - Verification of your identity: you receive a signature code by SMS that you must enter on the Site in the appropriate field in order to finalize the signature and fully express your consent to the conclusion of the transaction.
      See a sample loan agreement.

    2. Finsquare loan contract collection management

      Following the takeover of Invex (in the commercial name of Finsquare) by Lendix SA, Lendix Factory is in charge of the amicable collection of the receivables initially intermediated by Invex.

      In the event of late or defaulted payment by the borrower under the loan contracts, Lendix Factory insures (or causes to be insured), on behalf of the lenders, the amicable or judicial collection of the loans, and will diligent (or cause to be diligent) to this effect, the acts necessary for the collection of the loans and, where applicable, for the enforcement of the insurance subscribed.

      Lendix Factory ensures the amicable collection on behalf of all the lenders of the same project.

      Lendix Factory will specify its capacity to act in the name and on behalf of the lenders in respect of the same project and the rights of the lenders against the borrower, in particular any declaration of claims in the context of a collective procedure of the borrower, for any act it performs in this context.

      Lendix Factory may use all deeds, documents, contracts relating to the loans having financed the project as well as the subscribed insurances and the information which they contain for the needs of the actions necessary for the recovery of the loans, within the limit of the confidentiality clauses which are stipulated there if necessary and of the imperative legal and regulatory provisions.

      Lendix Factory is authorised to renegotiate and accept, in the name and on behalf of the lenders, any development of the loans and to sign all deeds necessary for such renegotiation, whenever such renegotiation allows, in Lendix Factory's opinion, to accelerate or improve recovery or to avoid a deterioration or loss of the nominal value of the loans, subject to prior notification of the lenders of the development thus proposed.

      In these collection actions and any renegotiations, Lendix Factory shall ensure that it always acts in what it considers to be in the best interests of all lenders to the borrower's project.

      Lendix Factory declares that it has completed all the formalities required by the applicable regulations to be validly authorised to proceed with the amicable collection of debts on behalf of third parties, in particular, in the case of France, those referred to in Articles L. 124-1 and R. 124-1 to R. 124-7 of the Code of Civil Enforcement Procedures (codifying Decree No. 96-1112 of 18 December 1996 regulating persons proceeding with the amicable collection of debts on behalf of third parties). Lendix Factory undertakes to maintain in force throughout the term of its collection mandate in respect of loans the formalities and authorisations necessary to enable it to carry out the amicable collection activity on behalf of third parties in accordance with the regulations applicable in the jurisdiction concerned.

    3. Transfer of receivables

      To date, the assignment of receivables on the Lendix platform is not authorized. We are sorry that we cannot offer you this opportunity. The assignment of claims between private individuals is formally prohibited in certain countries and raises numerous legal problems in its formalisation. If you decide to assign your claim to a third party, it is your responsibility to ensure that you do so in a lawful manner and to fulfil any contractual commitments you may have made, including redirecting payments. Lendix will not be able to change your portfolio and loans will continue to be managed by Lendix as if they still belong to you.

  7. Information contained on the site

    1. General provisions

      We strive to provide you with accurate and up-to-date information. However, since the transmission of data and information over the Internet only benefits from relative technical reliability, we cannot guarantee the accuracy of all the information appearing on this Site and assume no liability relating to the use of this information.

      Furthermore, we remind you that inaccuracies or omissions may appear in the information available on this Site, in particular due to intrusion by third parties. We invite you to report any inaccuracy or omission to us at the following address: contact@lendix.com

      The information made available on the Site is for information purposes only and does not constitute an inducement to contract, advice or recommendation of any kind whatsoever. In particular, Lendix IFP does not provide any financial or tax advice.

      For any advice, the User is invited to contact his usual advisers, particularly in legal and tax matters.

      Lendix shall not be liable for any damages, direct or indirect, resulting from any information contained on this Site.

    2. Hypertext links

      The hypertext links set up on this Site may lead you to websites published by third parties whose content we do not control. Consequently, and to the extent that hypertext links have been included on this Site solely to facilitate your navigation on the Internet, the consultation of third party sites is your choice and your exclusive responsibility.

      In addition, if you wish to create hypertext links to this Site, a request for authorization must first be sent to us at the following address: contact@lendix.com

  8. Closing your Lendix Account

    Where the user of the Site is not a party to one or more loan agreements as an investor or borrower, he may close his Lendix Account at any time. Otherwise, the user must wait until the end of the loan contract(s) before being able to unsubscribe.

    Closing your Lendix Account will result in the refund, if applicable, of the amounts appearing on your Lendix Account. By closing your Lendix Account you acknowledge that:

    • you will no longer be able to access the data contained on your Lendix Account;
    • you will no longer benefit from the information and opportunities on the Site;
    • you will no longer be able to access the services offered by the Site.

    To close your Lendix Account, you will need to send an email from your email address to support@lendix.com indicating your willingness to close your Lendix Account. The funds remaining on the Lendix Account may only be transferred by transfer to the bank or postal account for which you provided us with the details when you registered.

    Within a maximum of 30 days, you will receive a confirmation email from Lendix confirming the closure of your Lendix Account.

  9. Intellectual Property

    The Site and each of its constituent elements (such as trademarks, images, texts, videos, etc.) are protected by intellectual property.

    The development of this Site has involved significant investments and joint work by our teams. For this reason, and unless expressly stipulated herein, we do not grant you any right other than that of consulting the Site for your strictly personal and private use.

    Any use, reproduction or representation of the Site (in whole or in part) or its components, on any medium whatsoever, for other purposes, including commercial, is not authorized.

  10. Referencing

    Exceptionally, we may expressly authorize you to reproduce and/or represent all or part of the Site, on certain media. Any request for authorization of this type must first be submitted to us at the following address: contact@lendix.com or Lendix, 94 rue de la Victoire, 75009 Paris.

  11. Complaints

    1. You are a private lender

      Any claim you may have should be addressed to the Lendix IFP Claims Department, at the following address: Lendix, Claims Department, 94 rue de la Victoire, 75009 Paris, 01.82.83.28.00, e-mail: reclamations@lendix.com.

      The centralization of claims by Lendix IFP is carried out within the framework of its mission as an intermediary in participatory financing, and can in no way be assimilated to the provision by Lendix IFP of any consulting service concerning the projects appearing on the Site, nor to any commitment to guarantee repayment by lenders on the Site.

    2. You are a professional borrower or lender

      Lendix Factory's claims management procedure is available here.

    3. You are not in a case listed above

      In any other case, please send your complaint to reclamations@lendix.com

  12. Modification of the site and conditions

    We may modify at any time the content and information included in this Site and these Terms of Use, in particular in order to comply with any new legislation and/or applicable regulations and/or to improve the Site. Any changes will be incorporated into these Terms of Use.

    You acknowledge and agree that your use of the Site will constitute your acceptance of the TOS as modified.

Date of last modification of the GCU: 19 March 2018