Terms of Sale and Use

These General Terms and Conditions of Sale (GTCS) and General Terms and Conditions of Use (GTCU) govern the contractual relationship between PHI 1,618, a simplified joint-stock company (SAS) with share capital of EUR 10,000, registered with the Tours Trade and Companies Register under number 981801194, whose registered office is at 6 rue Albert Thomas, 37000 TOURS, France (hereinafter the “Publisher”), and any company or natural or legal person acting in a professional capacity, in particular a Family Office, that subscribes to the services of the Sève software (hereinafter the “Customer”).

Definitions

Software: The “Sève” computer program, its modules, features, updates and associated documentation, made available to the Customer by the Publisher.
Module(s): The various features integrated into the Software, such as account aggregation, regulatory compliance, CRM, etc., detailed in Article 3.
Services: All services provided by the Publisher to the Customer, including access to the Software, maintenance, technical support and any updates.
Customer: The Family Office or any professional entity that subscribes to and uses the Software.
User(s): The natural persons authorized by the Customer to use the Software under its responsibility.
Data: All information and data of any kind entered, processed or stored by the Customer and its Users through the Software.
Sensitive Data: In particular, financial and asset data, or any personal information concerning the Family Office’s end customers, processed or stored through the Software.
Subscription: The contract under which the Customer acquires a right to access and use the Software for a specified period in exchange for payment of a fee.

Purpose

These GTCS/GTCU define the conditions under which the Publisher grants the Customer a non-exclusive right to access and use the Software in SaaS (Software as a Service) mode and provides the associated Services. They also set out the rights and obligations of each party.

Description of the Software and Modules

The Sève Software is a comprehensive solution for Family Offices comprising the following modules:

Life insurance account aggregator: Consolidates and displays all life insurance policies forming part of customers’ assets.
Bank account aggregator: Provides an overview of customers’ various bank and financial accounts.
Regulatory compliance: Assists with managing and monitoring legal and regulatory obligations (AMF, GDPR, LCBM, etc.).
Report generation engine: Generates customized, detailed reports on customers’ assets and investments.
Decision support tools: Provides analyses and simulations to inform investment and management decisions.
Wealth management: A centralized module for managing customers’ assets and liabilities as a whole.
Digital vaults: A secure space for storing important documents (contracts, identity documents, etc.).
AI ChatBot: An artificial-intelligence-based virtual assistant that answers common questions and automates certain tasks.
Electronic signature: Enables documents to be signed digitally and securely.
CRM (Customer Relationship Management): A tool for managing customer relationships, tracking interactions and managing contacts.
ERP (Enterprise Resource Planning): Integrated management of Family Office business processes (invoicing, project management, etc.).
Firm governance management: A module supporting internal organization, role and task management, and decision-making processes.
Email messaging: An integrated email communication tool.
Chat messaging: An internal and/or external instant messaging tool.
VOIP (Voice over IP): An internet telephony module.
DMS (Document Management System): A system for managing, classifying and archiving documents.
Genogram: A tool for graphically representing family and asset relationships.
Large file transfer: A secure solution for transferring large files.
Web intelligence module: A tool for monitoring and analyzing information from the web.
Mapping system: Geographic visualization of assets or customer relationships.
Visualization system: Advanced graphical tools for presenting data.

Access to certain modules or features may depend on the level of Subscription taken out by the Customer.

Access and Use Conditions

Registration and Account Creation

To access the Software, the Customer must take out a Subscription with the Publisher. When registering, the Customer undertakes to provide accurate, complete and up-to-date information. The Customer is responsible for keeping its login credentials and passwords confidential and for all activities carried out through its account.

Right of Use

The Publisher grants the Customer, which accepts, a personal, non-exclusive, non-transferable and revocable right to use the Software in SaaS mode for the duration of the Subscription, within the limits on the number of Users and the features specified in the subscription agreement.

Restrictions on Use

The Customer undertakes to use the Software in accordance with its intended purpose and these GTCS/GTCU. The Customer is strictly prohibited from:

Copying, modifying, adapting, distributing, renting, selling or sublicensing all or part of the Software.
Decompiling, disassembling or attempting to access the Software’s source code.
Using the Software for illegal, fraudulent or unauthorized purposes.
Compromising the security or integrity of the Software or the Publisher’s systems.
Allowing unauthorized third parties to access the Software.
Using the Software to send spam or any other unsolicited content.

The Publisher may suspend an account in the event of non-compliant use.

Customer Obligations

The Customer undertakes to:

Have the equipment and internet connections needed to use the Software.
Comply with applicable laws and regulations, particularly those concerning the protection of personal data (GDPR).
Train its Users to use the Software and ensure that they comply with these GTCS/GTCU.
Notify the Publisher without delay of any unauthorized use of its account or any security breach.
Use the Solution in accordance with the law and these terms,
Respect the Publisher’s intellectual property rights,
Refrain from altering, duplicating or reverse-engineering the Solution,
Inform its Users of the rules of use and security.

The Customer remains responsible for the accuracy of Customer Data and for the use made of the Solution by its Users.

Term, Prices and Financial Terms

Subscription Term

The Subscription is taken out for a specified initial term (for example, 12 months) and is automatically renewed for identical periods unless either party gives notice by registered letter with acknowledgment of receipt 30 days before the expiry date of the current Subscription.

Prices and Payment Terms

The price of the Subscription and Services is the price stated in the commercial offer or subscription agreement signed by the Customer. Prices are expressed in euros and exclude taxes. They are payable according to the agreed terms (monthly, quarterly or annually). Any late payment will give rise to late-payment penalties calculated at the applicable statutory rate, as well as a fixed recovery-cost indemnity of EUR 40, without prejudice to the Publisher’s right to suspend the Services.

Price Revisions

The Publisher may revise prices annually, provided it informs the Customer in writing 3 months before the revision date. A Customer that does not accept the revision may terminate its Subscription under the conditions set out in the “Subscription Term” article.

Maintenance, Support and Developments

Maintenance

The Publisher undertakes to provide corrective and evolutionary maintenance of the Software. Corrective maintenance aims to fix faults and bugs. Evolutionary maintenance includes updates and the addition of new features. The Publisher may carry out maintenance operations that result in temporary unavailability of the Software and will endeavor to inform the Customer beforehand.

Technical Support

Technical support will be available to the Customer during the hours and under the conditions defined in the subscription agreement (telephone, email, chat). This support is intended to help the Customer with technical difficulties or use of the Software.

Service Levels (SLA)

The Publisher undertakes to meet service levels (Service Level Agreement — SLA) relating to Software availability and support response times, as detailed in a specific appendix to the subscription agreement.

Intellectual Property

The Publisher is and remains the sole holder of all intellectual property rights relating to the Software, including its modules, source code, databases, documentation, trademarks and know-how, whether registered or not. The Subscription grants the Customer only a right to access and use the Software and in no event any ownership or assignment rights in it.

Personal Data and Security

Protection of Personal Data

The Publisher acts as a processor of personal data processed through the Software on behalf of the Customer, which is the controller. The parties undertake to comply with the General Data Protection Regulation (GDPR) and the French Data Protection Act. A detailed “Data Processing Agreement” appendix, compliant with Article 28 of the GDPR, will be signed by the Publisher and the Customer.

In particular, the Publisher undertakes to:

Process data only on the Customer’s documented instructions.
Ensure the confidentiality of the data processed.
Implement all appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
Notify the Customer of any personal data breach as soon as possible.
Assist the Customer with its obligations concerning requests to exercise data subjects’ rights and data protection impact assessments.

Data Security

The Publisher implements physical, technical and organizational security measures consistent with industry standards to protect Customer Data against accidental or unlawful destruction, loss, alteration, disclosure or unauthorized access. These measures include data encryption, access management, infrastructure redundancy and regular backups.

Data Ownership

The Customer remains the sole owner of all Data it deposits, processes or stores through the Software. The Publisher acquires no rights in that Data.

Configuration and Hosting

The Solution is hosted on secure servers in France or the European Union. The Publisher guarantees a minimum availability of 99.5%, excluding scheduled maintenance.

Website: visitor data

This section concerns visitors to the www.seve-life.com website, not the Data processed in the Software.

Demo request

The information entered in the demo request form (name, email address, company, country, site language) is processed by PHI 1,618, publisher of SÈVE and data controller, to answer the request and get back to the requester. This processing is based on pre-contractual measures taken at the person’s request (Article 6(1)(b) GDPR). The information is intended for the SÈVE team and kept for three years after the last exchange, then deleted. The website and the form are hosted in the European Union; email notifications go through a sending provider established in France (Brevo). Requesters’ IP addresses are not stored.

Audience measurement

The website measures its traffic with Matomo, hosted in the European Union by the Publisher’s provider and configured to set no cookie at all. Visitors’ IP addresses are truncated before anything is recorded, the browser’s Do Not Track signal is honoured, and detailed browsing data is deleted after 540 days (about 18 months); only aggregated statistics are kept. Limited to anonymous traffic statistics, this measurement does not require prior consent, in line with the recommendations of the CNIL (the French data protection authority).

Your rights

You can access your data, have it corrected or erased, object to its processing or request its restriction by writing to contact@seve-life.com. You can also lodge a complaint with the CNIL (www.cnil.fr).

Confidentiality

Each party undertakes to treat as confidential and not to disclose information and data of any kind (technical, commercial, financial, personal, etc.) exchanged or learned in the performance of this agreement. This confidentiality obligation will continue for 10 years after the end of the agreement.

Liability

Publisher’s Liability

The Publisher undertakes to provide the Services diligently and in accordance with professional standards. However, the Publisher is subject to an obligation of reasonable efforts. The Publisher shall not be liable in the event of:

Force majeure or unforeseen events.
Use of the Software contrary to these GTCS/GTCU or its intended purpose.
Fault, negligence or action by a third party.
Interruption of services caused by telecommunications operators or internet service providers.
Indirect damages (loss of profit, loss of data, commercial loss, etc.).

In any event, if the Publisher incurs financial liability, it will be limited to the sums actually paid by the Customer to the Publisher during the 2 months preceding the event giving rise to the damage.

Customer’s Liability

The Customer alone is responsible for:

The suitability of the Software for its needs.
The quality, lawfulness and relevance of the Data it enters and processes through the Software.
Use of the Software by its Users, including compliance with security rules.
Any direct or indirect damage caused by illegal, fraudulent or unauthorized use of the Software.
Compliance with its legal and regulatory obligations, particularly concerning the protection of its own customers’ data.

Termination

Termination at Expiry

Either party may terminate the Subscription at its expiry in accordance with the conditions set out in the “Term, Prices and Financial Terms” article.

Termination for Breach

If either party commits a serious breach of its contractual obligations and fails to remedy it within thirty (30) days of receiving formal notice by registered letter with acknowledgment of receipt, the other party may terminate the Subscription automatically, without prejudice to any damages it may claim.

Consequences of Termination

In the event of termination for any reason:

The Customer’s right to access and use the Software will end immediately.
The Customer undertakes to cease all use of the Software.
The Publisher undertakes, at the Customer’s choice and within 30 days, to return or destroy all Customer Data in a standard, readable format and to erase all existing copies from its systems, except where retention is necessary for legal or regulatory purposes.
All sums owed by the Customer to the Publisher will remain due.

Data Reversibility

At the end of the agreement, the Customer may request:

The return of Data in a standard format (JSON, CSV, XML),
The complete erasure of hosted data after a period of 60 days.

Force Majeure

Neither party shall be liable for any failure or delay in performing one of its obligations if that failure or delay results from a force majeure event as defined by Article 1218 of the French Civil Code and the case law of the French courts. The party affected by the force majeure event shall inform the other party without delay. Suspended obligations shall resume as soon as the force majeure event ends. If the force majeure event lasts more than 30 days, either party may terminate this agreement automatically after sending notice by registered letter with acknowledgment of receipt.

Assignment

The Customer may not assign this agreement or the rights and obligations under it without the Publisher’s prior written consent. The Publisher reserves the right to assign this agreement to any entity in its group or any purchaser of its business.

Entire Agreement

These GTCS/GTCU, the order form or subscription agreement, and their appendices constitute the entire agreement between the parties and supersede all prior discussions, communications and agreements, whether written or oral, relating to its subject matter.

Amendments to the GTCS/GTCU

The Publisher reserves the right to amend these GTCS/GTCU at any time. Amendments will take effect 15 days after their publication on the Publisher’s website or notification to the Customer by email. A Customer that does not accept the new GTCS/GTCU may terminate its Subscription under the conditions set out in the “Term, Prices and Financial Terms” article.

Governing Law and Disputes

These GTCS/GTCU are governed by French law. In the event of a dispute relating to their validity, interpretation or performance, the parties will endeavor to resolve it amicably. If no amicable agreement is reached, any dispute will be subject to the exclusive jurisdiction of the courts of Tours, even if there are multiple defendants or third-party claims.

Appendix

PERSONAL DATA PROCESSING AGREEMENT (DPA — DATA PROCESSING AGREEMENT)

BETWEEN THE PARTIES:

The Customer, acting as Controller,
And
The Provider, PHI 1,618, a simplified joint-stock company (SAS) with share capital of EUR 10,000, registered with the Tours Trade and Companies Register under number 981801194, whose registered office is at 6 rue Albert Thomas, 37000 TOURS, acting as Processor,

The following is agreed:

ARTICLE 1 — PURPOSE

This agreement defines the conditions under which the Provider, acting as Processor, is authorized to process personal data on behalf of the Customer, acting as Controller, in connection with use of the SaaS software [Name of software].

ARTICLE 2 — DESCRIPTION OF PROCESSING

The Provider is authorized to process, on behalf of the Customer, the following categories of data for the following purposes:

Categories of data:

Identification data (surname, first name, email, telephone number, date of birth)
Asset data (securities, real estate, shareholdings, debts)
Banking and insurance data (bank statements, life insurance policies, IBAN)
Contractual data (notarial deeds, wills, shareholders’ agreements, contracts)
Sensitive data relating to family structure (genealogy, dependency, inheritance)
Connection and usage data (logs, IP addresses, activity logs),
Medical data.
Consolidation and analysis of data from API partners (Abbove, Harvest, etc.)
Processing and summarizing written, audio or video exchanges
Manual entry of asset information

Purposes of processing:

Provision of a wealth management SaaS platform
Centralization, visualization and structuring of asset information
Generation of customized reports (financial reporting, inheritance analysis)
Electronic archiving, document management and digital vault
Electronic signatures and document management
Assistance with regulatory compliance (AML/KYC, taxation)
Integrated messaging, telephony (VOIP) and CRM services

ARTICLE 3 — PROCESSOR’S OBLIGATIONS

The Processor undertakes to:

Documented instructions

Process personal data only on the Customer’s documented instructions, including transfers of data outside the EU, unless otherwise required by law.

Confidentiality

Ensure the confidentiality of the data processed and ensure that every person authorized to access it is subject to a statutory or contractual duty of confidentiality.

Security

Implement all appropriate technical and organizational measures to ensure a level of security appropriate to the risks, including:

AES 256 encryption for data at rest and TLS 1.3 for data in transit;
Two-factor authentication (2FA);
Separation of data by tenant;
Encrypted daily backups stored in redundant data centers;
Comprehensive logging of access and critical operations;
Regular review of user access rights.

Documentation

Keep a record of processing activities and make available to the Customer documentation demonstrating compliance with GDPR obligations.

Breach notification

Notify any personal data breach within a maximum of 24 hours after becoming aware of it, providing:

The nature of the breach;
The data concerned;
The measures taken;
The proposed corrective actions.

Assistance to the Customer

Actively assist the Customer in exercising its rights and meeting its obligations:

Responding to requests for access, rectification, objection or erasure;
Conducting data protection impact assessments (DPIAs);
Cooperating with the supervisory authority (CNIL).

ARTICLE 4 — DATA LOCATION AND TRANSFERS

The data is hosted exclusively in the European Union, in ISO 27001-certified data centers.

Any transfer of data to a third country or international organization must receive the Customer’s prior written authorization and be governed by standard contractual clauses (SCCs) or another mechanism recognized by the European Commission.

ARTICLE 5 — FURTHER SUBPROCESSING

The Provider may use sub-processors for the following purposes:

Cloud hosting
Secure messaging service
Electronic signature
AI / OCR analysis

A list of authorized sub-processors is appended to this agreement. The Provider undertakes to inform the Customer at least 30 days before any change to this list so that the Customer may object on legitimate grounds.

ARTICLE 6 — TERM AND DISPOSITION OF DATA

Processing is carried out for the term of the agreement. Upon its expiry:

The data will be deleted or returned to the Customer, at its choice;
The Provider will retain only the data needed for legal purposes (invoicing, disputes) for a maximum of 5 years;
A certificate of data deletion may be issued on request.

ARTICLE 7 — RIGHT TO AUDIT

The Customer may, at its own expense, audit the Provider’s compliance once a year or where there is a reasonable suspicion of an incident. The Provider will facilitate access to its premises, records and tools, subject to reasonable notice and the signing of a confidentiality undertaking.

ARTICLE 8 — LIABILITY

Each party is responsible for its own obligations under the GDPR. The Provider is liable only for damage resulting from processing that does not comply with its obligations, unless it proves that it did not commit a breach.

ARTICLE 9 — CONTACTS AND REPRESENTATIVES

Customer: [Name, position, email]
Provider / DPO or GDPR Representative: [Name, position, email]