Enerfip service Terms and Conditions

Updated 12/02/2024

Enerfip Participations is a société par actions simplifiée (simplified joint stock company) under the French law with a share capital of 5,941,125 euros, registered in the Montpellier Trade and Companies Register under number 901 134 171, with its registered office at 55 rue Euclide in Montpellier (34000).

Enerfip Participations operates a website (hereinafter the "Site") called "enerfip.eu", the address of which is as follows: https://www.enerfip.eu

The enerfip.eu website (the "Site") presents the various activities of the companies owned by Enerfip Participations (the "Enerfip Group"): Enerfip SAS, which offers a service as a French European Provider of Crowdfunding Services, approved by the French Authorities of Financial Markets AMF (French Financial Markets Authorities) under number FP-20222 and Enerfip Gestion, a French management company approved by the AMF (French Financial Markets Authorities) under number GP-202227. Crowdfunding opportunities can be accessed via the dedicated progressive access site.

Article 1 - Purpose, information and services offered on the site

Internet users accessing this Site and interested in the Enerfip Group's activities can register on the Website and then complete their "Investor" profile in order to benefit in particular from the following services:

• access to the home page ;

• newsletters ;

• creation of a personal space

• access to the pages of projects currently being financed;

• access to comments; and

• more generally, access to the content published on the Site.

These general terms and conditions of use may be supplemented by special terms and conditions which will be presented to the Investor in advance for acceptance before access to certain information and services is possible.

Any registration on the Site implies unreserved acceptance of these general conditions of use.

The Enerfip Group may modify these general conditions of use at any time. All Investors must therefore refer to the only version online at the time of consultation, which will automatically be the latest version of the said general terms and conditions of use.

In the event of modification of these general terms and conditions of use, the Investor shall receive notification of the new general terms and conditions of use. He may not refuse them if he is engaged in a financing transaction on the Site. If they are not involved in a financing transaction on the Site and wish to refuse them, they have a period of five (5) working days to notify the Enerfip Group by e-mail at the following address: [e-mail] After this period, the Enerfip Group will consider that the Investor has tacitly accepted the new general terms and conditions of use.

Similarly, the Investor who registers on the Site accepts the general terms and conditions of use of Lemonway, a payment service provider approved by the ACPR under number 16568 (the "Banking Partner"). The Banking Partner may be modified at any time, including in the event of a change of Banking Partner. All Investors are therefore required to refer to the sole online version of the general terms and conditions of use of the Banking Partner in force at the time of consultation, which will automatically be the latest version of the said general terms and conditions of use of the Banking Partner.

In the event of a change in the general terms and conditions of use of the Banking Partner or in the event of a change in the Banking Partner (which has its own general terms and conditions of use), the Investor will receive notification with the new general terms and conditions of use of the Banking Partner or with the general terms and conditions of use of the new Banking Partner. They cannot refuse them if they are involved in a financing transaction on the Site, as the Banking Partner's general terms and conditions of use form a contractual whole with the Enerfip Group's general terms and conditions of use, whose service cannot operate without a Banking Partner. If they are not involved in a financing transaction on the Site and wish to refuse them, they have a period of five (5) working days to notify the Enerfip Group by e-mail at the following address: [e-mail]. After this period, the Enerfip Group will consider that it has tacitly accepted the Banking Partner's new general terms and conditions of use.

As an exception to the aforementioned stipulations, it is specified that in the event of a modification to the general conditions of use, the new version will not be enforceable against the Project Sponsor, without the latter's express written agreement.

Article 3 - Site access conditions

The Services are reserved for individuals or legal entities legally capable of entering into contracts under French law. They must also expressly ensure that they are legally authorised to connect to this site in the country from which the connection is established and declare their country of residence, under their own responsibility. They must not be under guardianship, curatorship or legal protection. They must also have a personal bank account opened in France. Lastly, the investor must not be a "US Person" as defined by the US tax authorities.

The Services are therefore not accessible or intended for minors. No active marketing or canvassing is carried out by the Enerfip Group. Investors residing outside France should check the rules applicable to them.

Article 4 - Information provided by the Investor

When registering online, the Investor undertakes to complete a registration form accurately and truthfully, providing accurate, complete and up-to-date information.

The Investor must complete all mandatory fields on the registration forms.

The Investor also undertakes to update the registration form without delay in the event of a change in his/her situation. The Enerfip Group cannot be held responsible if it has not been informed of a change in the Investor's situation.

The Investor also undertakes to provide the mandatory supporting documents requested by the Enerfip Group and to update these documents, in particular:

• Update of proof of identity documents if they expire

• Update of address and proof of address in the event of a move

• Updating of bank details in the event of a change.

In the event of erroneous, inaccurate or incomplete information or information that contravenes the provisions of this article, the Enerfip Group is entitled to suspend or delete the Investor's Personal Space and to refuse the Investor access to all or part of the Services.

Article 5 - Conditions for creating a Personal Space

An Investor who wishes to have access to all documents and information relating to Projects and Collections obtains the status of Registered Investor.

To do this, the Investor :

• register on the Site, using a login and password ;

• fills in the various fields on the Site registration form;

• confirms acceptance of these General Terms and Conditions of Use of the Site;

• confirms acceptance of the Banking Partner's General Terms and Conditions of Use;

• accepts the form informing them that their personal data will be registered and processed and agrees to the confidentiality policy.

The creation of a Personal Area is also subject to reading the disclaimer below and to awareness and acceptance of the risks.

Please note that investing in unlisted companies involves specific risks:

• risk of total or partial loss of the capital invested ;

• risk of illiquidity: the resale of securities is not guaranteed, and may be uncertain or even impossible;

• the return on investment depends on the success of the project financed.

1- Are you aware that you could lose your entire investment?

2- Are you aware that you may have difficulty reselling your shares?

In addition, Investors wishing to subscribe to a Fundraising Event must complete the knowledge questionnaire in order to determine their investor profile.

Based on the information provided and the supporting documents submitted, the Enerfip Group validates the Investor's profile. Investors can access their Investor's Account from their Personal Area. This gives them access to their Investor's Account balance, transaction history and summary of investments made. They can also carry out transactions (subscribe to Securities and/or transfer all or part of the balance in their Investor's Account to the bank account held by them, which they have entered in advance and for which they have provided the bank details).

Once the Investor's profile has been validated, the Investor may create Investor Savings Accounts on Enerfip SAS for minors for whom the Investor is the legal representative ("Livret EnerJ"), subject to providing the requested supporting documents and after validation of these elements by Enerfip SAS and its Banking Partner. The creation of a Livret EnerJ may be refused by Enerfip SAS or its Banking Partner if the registration is not compliant. Transfers of funds made by the legal representative from their personal bank accounts or their Livret Investisseur to the Livret EnerJ are governed by the donation regulations in force and the Approved Investor has sole fiscal responsibility for this transfer. As of the day on which he/she reaches the age of majority, the legal representative transfers the administration and rights of this Livret EnerJ to the child holder and undertakes to pay the gift tax in accordance with the regulations in force.

5.3. Project Sponsor Personal Area

On Enerfip SAS, a Personal Project Sponsor Space is allocated to the Project Sponsor who has :

• Provided Enerfip SAS with all the information requested, as detailed in the "Project Sponsor Service Agreement";

• Obtained validation from Enerfip SAS and its Banking Partner of the documents provided, leading to the creation of a Project Sponsor Account;

• Signed the Project Sponsor Service Agreement;

• Enerfip SAS decides to propose a Collection on the Site, after checking, verifying and valuing the Project by Enerfip SAS;

5.4. Conditions of use of Personal Spaces

Validation of the Investor's registration is confirmed by a Personal Space activation e-mail.

The Personal Space is activated within forty-eight hours (48 h) of validation of the registration.

Any Investor or Project Sponsor with a Personal Space on Enerfip SAS may only have one and only one Personal Space in their name. Consequently, Investors or Issuers with a Personal Space on Enerfip SAS undertake not to create or use on the Site any Personal Spaces other than the one initially created and allocated, whether under their own identity or that of a third party. The fact of creating or using new Personal Spaces of the same nature under one's own identity or that of a third party without having requested and obtained the prior written authorisation of the Enerfip Group may result in the immediate suspension of the Personal Space(s) without prior notice, as well as the cancellation of the transactions undertaken on the latter.

If the Investor or Project Sponsor who has a Personal Space on Enerfip SAS becomes aware that another person has accessed their Personal Space, they shall immediately inform the Enerfip Group by email ([e-mail]) and confirm this information by registered letter sent to the registered office of Enerfip Participations as indicated at the top of this document.

Article 6 - Investors' undertakings

Investors undertake to use the Site under the conditions set out in these general conditions of use and in accordance with the laws and regulations in force.

The Investor is solely responsible for the information, data, comments, images and, more generally, any content that he or she transmits via the Site and, in this respect, waives the right to take any action against the Enerfip Group and/or the Site manager, in particular on the basis of infringement of the right to one's image, honour, reputation or the privacy of one's private life.

The Enerfip Group and/or the Site manager cannot be held responsible for information that the Investor discloses on his/her own initiative. The Enerfip Group and/or the Site manager are not responsible for the accuracy of the data provided, nor for the consequences that the dissemination of this data may have on another Investor.

The Investor may not publish content for which he does not have the necessary rights for its reproduction, representation and communication to the public.

The Enerfip Group reserves the right:

• to delete immediately and without notice any content which, at its sole discretion, violates the terms hereof or the laws and regulations in force,

• to suspend immediately and without notice any content that is the subject of a claim by a third party who considers that his or her rights have been infringed,

• immediately and without notice suspend or delete the Personal Space of any Investor who has published prohibited content contrary to the laws and regulations in force;

• immediately suspend without notice the Personal Space of any Investor who has not expressly accepted the General Terms and Conditions of Use of the new Banking Partner, even in the event of a change of Banking Partner;

• to cancel any offer of service made to the holder of a Personal Space in the event of non-compliance with these General Terms and Conditions of Use and with the laws and regulations in force.

Investors acknowledge that they use the Site under their own responsibility.

Article 7 - Personal data and privacy

The Enerfip Group respects the privacy of Investors and strictly complies with Law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms, as amended, known as the "Information Technology and Freedoms" Law and the European Data Protection Regulation (RGPD) no. 2016/679 which came into force on 25 May 2018.

As such, the site has been declared to the CNIL under receipt numbers 1817465, 1817462 and 1817463.

The Enerfip Group maintains a confidentiality policy describing the personal data collected from Investors, the information shared and stored with third parties, and the rights of Internet users regarding, among other things, access, rectification and deletion of their data.

Investors may exercise their right of access, rectification, deletion and limitation under the conditions set out in the regulations and the privacy policy, by contacting the Enerfip Group at the following address: [e-mail]

Article 8 - Confidentiality relating to the Projects

Investors have access to detailed information relating to Project Holders. All information relating to the Projects, the Collections and the Project Owners, of whatever nature and/or on whatever medium, shall be considered and treated as confidential (hereinafter "Confidential Information") for as long as such information has not fallen into the public domain.

Consequently, Registered or Approved Investors undertake not to disclose all or part of the Confidential Information to third parties and not to use it for any purpose other than considering whether to invest in the Projects.

Similarly, Project Sponsors have access to information concerning Investors who have subscribed to the Collection. Project Holders undertake not to disclose or use this information other than in connection with the Collection.

Article 9 - Limitation of liability

9.1. Liability towards the Investor

The Enerfip Group shall not be liable to the Investor for any loss or damage that the Investor may suffer as a result of :

- reliance on the completeness, accuracy or existence of any advertisement, the hypertext link to which as defined in Article 11 below and/or the advertisement appears on the Site;

- any changes that the Enerfip Group may make to the information and services offered on the Site or any temporary or permanent withdrawal of the functions offered on the Site;

- the communication by the Investor to the Enerfip Group of imprecise, inaccurate or out-of-date information on his/her Personal Space;

- the inability of the holder of a Personal Space to keep his/her password or Personal Space information secure and confidential;

No advice or information, whether oral or written, obtained by the Investor in the course of using the Site, is likely to create guarantees not expressly provided for in these general conditions of use.

The Enerfip Group may only be held liable under the conditions of common law for direct and foreseeable damage suffered by the Investor.

9.2 Responsibility for accessibility to the Site

The Enerfip Group makes every effort to ensure that the Site is accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond Enerfip's control and subject to maintenance periods and any breakdowns.

As far as possible, the Enerfip Group will give Investors prior notice of interruptions or stoppages affecting all or part of the Site. The Enerfip Group cannot be held responsible if the Site is unavailable for any reason whatsoever.

In the event that the Enerfip Group ceases to operate, an extinctive management procedure is implemented by the Banking Partner. The Banking Partner then becomes responsible for accessibility to the Site's services.

Article 10 - Intellectual property

The Site is the exclusive property of the Enerfip Group.

In general, the Enerfip Group grants a free, personal, non-exclusive and non-transferable right to access and use the Site, any other right being expressly excluded without the prior written consent of the Enerfip Group.

All content available on the Site, in particular text, software, scripts, graphics, photos, sounds, music, videos and interactive functions on the Site, is the property of the Enerfip Group or is licensed to the Enerfip Group, in particular by Project Owners. This content is protected by copyright, trademark law and all other intellectual property rights or related rights held by the Enerfip Group or its licensors, including Project Owners. All third party trademarks present on the Site constitute trademark rights held by their respective owners.

The content of the Site may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or exploited in any other way and for any purpose whatsoever without the prior written consent of the Enerfip Group.

Article 11 - Hypertext links from the site

11.1. Hypertext links to Third Party Sites

The Site may contain hypertext links to other websites that do not belong to the Enerfip Group or are not controlled by the Enerfip Group (hereinafter "Third Party Sites").

Registered or Approved Investors may not reproduce the hypertext links present on the Site and in particular those relating to the Personal Space of an Approved Investor containing in particular Confidential Information.

The Enerfip Group has no control over the content, personal data protection charters or practices of Third Party Sites and declines all responsibility in this respect.

The Enerfip Group is not responsible for the availability of Third Party Sites and external resources and does not endorse the advertising, products or other materials appearing on such websites.

Article 11.2. Hypertext links to the Site

Any hypertext links to the Site using the following techniques in particular are prohibited without prior authorisation from the Enerfip Group:

- Framing" defined as a technique allowing, without leaving the original site, the insertion of a page from the Site which is displayed in a frame on the original web page;

- Deep-linking", defined as the insertion of a hypertext link to a secondary page on the Site;

- Inline linking", defined as a hyperlink enabling an image from another web page to be included in the original web page, is prohibited.

Article 12 - Computer security

Investors undertake not to use any of the following JavaScript functions on the Site:

- scripts used to deposit or read a cookie on a page of the Site ;

- scripts that redirect Investors to another page (such as "replace" sites);

- Include" and "iframe" JavaScript.

Generally speaking, Investors undertake not to engage in any activity on the Site that is likely to disrupt or attempt to disrupt the activities of the Site.

Article 13 - Autonomy of contractual stipulations

In the event that one or more of the provisions of these general conditions of use should be or become illegal in any way whatsoever, the validity, legality or application of the other provisions hereof shall in no way be affected or impaired. The Enerfip Group undertakes to use its best endeavours to replace any invalid or void provision with a new provision enabling the technical and economic balance of these general conditions of use to be maintained.

Article 14 - Complaints Any complaint by an Investor relating to the Site or a Project may be made free of charge, by telephone, post or e-mail, to the contact details given in the "Complaints" section accessible from the FAQ page of the Site or via the "Complaints" footer on the home page of the Site.

Except in duly justified special circumstances, the Enerfip Group will respond to any complaint from an Investor within a maximum of two (2) months from the date of receipt of the complaint.

Article 15 - Duration and termination of the General Terms and Conditions of Use

These General Conditions of Use are concluded between the Investor and the Enerfip Group for the entire duration of use of the Site and Services.

The Investor may terminate the General Terms and Conditions of Use without notice provided that he/she is not involved in a financing transaction. They should send their request for cancellation by e-mail to [e-mail].

In effect, they become a simple "Visitor" who has not approved the General Terms and Conditions of Use.

The Enerfip Group undertakes to notify the Investor and to give five (5) days' notice of any termination.

The Enerfip Group reserves the right, without prior notice, to suspend, interrupt or terminate the general terms and conditions of use in the event of abusive behaviour or gross negligence on the part of the Investor causing serious problems with the proper functioning of the Site.

Article 16 - Disputes, jurisdiction and applicable law

These general terms and conditions of use are governed by, interpreted and applied in accordance with French law, the language of interpretation of these Terms and Conditions of Use being French in the event of a dispute as to the meaning of a Term or provision of these Terms and Conditions of Use. Subject to the provisions of public policy applicable in matters of jurisdiction, the courts within the jurisdiction of the Montpellier Court of Appeal shall have sole jurisdiction to hear any dispute relating to these Terms and Conditions.