General terms and conditions
ARTICLE 1: PREAMBLE
GENEZYS is a simplified joint-stock company (société par actions simplifiée) with a share capital of €27,353.69, whose registered office is located at 93 Cours Berriat, 38000 Grenoble, France, registered with the Grenoble Trade and Companies Register under number 920 557 287, and whose intra-community VAT number is FR05920557287 (hereinafter "GENEZYS", or "we").
GENEZYS operates a social Platform ("the Platform") accessible at app.genezys.xyz, where sports fans ("you" or "User") can interact with their favourite athletes and teams and build connections with the global sports community. GENEZYS creates unique digital collectible cards using blockchain technology, featuring professional athletes ("Fancard(s)"). You can buy Fancards on the platform. You can also list your Fancards for sale or buy those of other Users on the Secondary Market, or play a game.
GENEZYS operates a digital platform accessible at app.genezys.xyz (hereinafter the "Platform"), enabling users (hereinafter the "Users") to interact with sports content, collect digital assets in the form of digital cards ("Fancards"), and take part in interactive experiences within a Web2 ecosystem.
The Solution is hosted by Amazon Web Services EMEA SARL, French Branch, whose registered office is located at 31 Place des Corolles, Tour Carpe Diem, 92400 Courbevoie, France, Nanterre Trade and Companies Register 831 001 334, telephone number: +33 1 46 92 66 00.
GENEZYS can be contacted by email at the following address: contact@genezys-app.com
The purpose of these General Terms and Conditions of Use and Sale (hereinafter the "GTCUS") is to define the terms and conditions under which Users may use the Platform.
By ticking the box "I accept the GTCUS and acknowledge that I have read the privacy policy" when creating your Account as described in Article 3.1, you acknowledge that you have read and accept these GTCUS without reservation.
ARTICLE 2: Definitions
Service(s) : all the services provided by GENEZYS via the Platform, including in particular crypto-asset services.
Primary Market: Refers to the gallery on which "Fancards" are issued and sold by the platform to "Users".
Secondary Market: Refers to the marketplace of "the Platform" on which "Fancards" are sold between "Users".
Fancard: Refers to a digital asset, more specifically a Card, distributed on the "Primary Market" or the "Secondary Market" through the gallery or the marketplace. The "Fancard", which gives rise to rights and benefits, has the legal nature of a non-fungible token (NFT), a unique digital object recorded on the blockchain and characterised by its immutability and inviolability. Fancards issued by GENEZYS do not constitute crypto-assets within the meaning of Regulation (EU) 2023/1114 (MiCA).
Challenge: An operation organised on the Platform allowing athletes, clubs or GENEZYS to directly reward users with Benefits in various forms (VIP experience, private invitation, item, shirt signed by the athlete, other digital assets such as digital art or other Fancards, etc.).
Service(s): all the services provided by GENEZYS via the Platform, including in particular crypto-asset services.
GEMs: digital units internal to the Platform, used exclusively in the context of gameplay. GEMs do not constitute crypto-assets, are not recorded on a blockchain, and cannot be used outside the Platform.
"Digital Wallet" or "Custodial Wallet" : a crypto-asset wallet made available to the User by GENEZYS, whose private keys are held and secured by GENEZYS on behalf of the User.
ARTICLE 3: Account
3.1 Account creation
To access the Services offered by the Solution, you must create an account on the page https://app.genezys.xyz/#/market
Creating an Account is free of charge and open to any natural person who has reached the age of majority and has full legal capacity in France and under the legal system of any State that may apply to this contract, without prejudice to the rules on conflict of laws.
You may not create more than one User account and/or manage the User account(s) of other Users (even with their explicit permission).
Only a natural person may create an account; partnerships, joint ventures and/or corporate accounts are prohibited.
During the account creation process, you must provide the following mandatory information:
- email address
- a personal and confidential password, at least eight (8) characters long. We recommend using a strong password (level 5) to enhance the security of your Account.
You warrant that the email address provided when creating your Account is strictly personal and that you are the only person with access to it. Acceptance of the GTCUS, by ticking a checkbox, is required in order to create the account by clicking on the "Create my account" button.
A confirmation code is sent to you by email. If you do not receive a code, you can request a new one. You must then enter this code in the corresponding field in the Solution to confirm your email and complete the creation of your Account.
An email confirming the creation of your Account will be sent to the email address provided, containing a hyperlink allowing you to download the GTCUS you have accepted on a durable medium. We invite you to download and keep these GTCUS. Upon request, the GTCUS can also be sent to you directly by email.
3.2 Use of the account
The GENEZYS platform, User accounts and the Services are free of charge and reserved for individual, non-commercial and personal use. You must not register on behalf of another person, a group of persons and/or a company, nor act in coordination with them.
3.3 Access to your Space
Creating your Account gives you access to your personal space on the GENEZYS platform using the combination of your login, which is your email address, and the password you chose when creating your Account.
If you have forgotten your password, you can reset it from the login page by clicking on "Forgot password?". After entering the email address provided when creating your Account, a reset code will be sent to you by email allowing you to create a new password.
If you can no longer find the email address used when creating your Account, please contact us at contact@genezys-app.com.
Access to your Account is personal; any access by a third party is strictly prohibited. You undertake to inform GENEZYS as soon as possible if you suspect that unauthorised access to your Account may have occurred, or more generally if you have reason to believe that the security of your password has been compromised.
If your password is compromised, we invite you to reset it by following the "Forgot password?" procedure described above.
If your email address is compromised, GENEZYS may, with your consent and after verifying your identity, change the email address associated with your account.
You undertake to use your Space and the Platform in compliance with these GTCUS and applicable law.
GENEZYS reserves the right to implement additional security measures, including identity checks or temporary restrictions on access to certain features, where necessary to ensure account security, prevent fraud or comply with its legal and regulatory obligations, in particular regarding anti-money laundering and counter-terrorist financing (AML-CFT).
3.4 Username.
When creating a User account, you will be asked to choose a username that will be associated with all purchases and services on the Platform.
You must not attempt to deceive, mislead and/or defraud other Users by means of particular elements of your username.
You must not include in your username any language or expressions that may be abusive, harassing, offensive or otherwise malicious.
3.5 Account security
Do not share your account information with third parties and make sure you follow good security practices, such as choosing a strong password, using a password manager, enabling two-factor authentication and storing your information securely.
You are responsible for the confidentiality of your login credentials and undertake to take all reasonable measures to protect access to your account.
GENEZYS cannot be held liable for the loss or fraudulent use of your credentials resulting from a failure to comply with these security obligations.
You are responsible for actions carried out via your account, except in the event of fraudulent access resulting from a failure attributable to GENEZYS.
You undertake to report as soon as possible any unauthorised use of your account, any compromise of your credentials or any security incident by contacting our support team at the following address: contact@genezys-app.com.
This responsibility applies without prejudice to GENEZYS's legal and regulatory obligations regarding system security.
3.6 Prohibited uses of the account
3.6.1 Multiple accounts
You may not create more than one User account and/or manage the User account(s) of other Users (even with their explicit permission). Only a natural person may create an account; partnerships, joint ventures and/or corporate accounts are prohibited.
3.6.2 Account association
You may not collude or act in association or in conjunction with other User accounts, whether formally or informally, in order to attempt to circumvent or circumvent these GTCUS; or attempt to create or create an unfair competitive advantage and/or any other unfair or artificial advantage in the services offered by the Platform.
3.6.3 Account re-creation
You may not create a new User account if your User account has been temporarily suspended or if we have permanently deleted a User account associated with you in the past.
3.7 Identity verification and regulatory compliance
As part of its legal and regulatory obligations, in particular regarding anti-money laundering and counter-terrorist financing (AML-CFT), GENEZYS may carry out identity checks on users ("KYC – Know Your Customer").
In this respect:
- The user may be required to provide, at any time, information and documents to verify their identity, such as:
- a valid identity document,
- proof of address,
- any additional information required to assess their risk profile.
- These checks may take place:
- when accessing certain features of the platform,
- when carrying out certain operations (purchase, conversion, transfer),
- or in the event of suspected unusual or high-risk activity.
- Access to all or part of the services may be:
- subject to these checks being completed beforehand,
- suspended or limited if the requested information is not provided.
- GENEZYS reserves the right to refuse or suspend access to the services in the event of:
- inaccurate, incomplete or misleading information,
- refusal to cooperate,
- or an identified risk with regard to regulatory obligations.
Data collected in this context is processed in accordance with applicable personal data protection regulations.
3.8 Account deletion
You may terminate these GTCUS at any time by requesting the deletion of your User account via email at contact@genezys-app.com and by ceasing to use the Platform.
Deleting the Account may result in the loss of access to certain Services, subject to applicable legal obligations.
ARTICLE 4: Fancards
4.1 Purpose
Fancards are unique digital cards bearing the likeness of a club or an athlete and associated with a non-fungible token ("NFT"), issued in limited series by GENEZYS using blockchain technology. The NFT guarantees the rarity and authenticity of the Fancard and ensures the transparency of the Services. NFTs on the GENEZYS platform are generated using a secondary protocol built on top of the Ethereum Blockchain ("Layer 2") by Base. This layer solution enables greater transaction processing capacity and reduces carbon emissions.
Holding Fancards gives access to all the services of the platform. Fancards are held in the user's Locker, with access to the Buy and Sell functions on the Platform.
4.2 Rarity
Fancards are classified according to a rarity level specified for each issue. For example, a Fancard may be Common, Limited, Rare, Epic or Legendary, depending on the total number of cards issued by GENEZYS. The rarity of a Fancard is guaranteed by the underlying NFT with which it is associated.
The Common Fancard has a few specific features worth mentioning below:
- It is offered upon registration or through missions.
- It cannot be resold on the Transfer Market
- It does not allow participation in challenges.
- It can only be used in the Fantasy game described in Article 7.
4.3 Value
Fancards are the digital equivalent of paper sports trading cards. They are sold without any investment purpose and/or intention of making a capital gain, even though they may be resold on the Transfer Market (except for the Common Fancard).
4.4 Ownership
When you buy a Fancard, you become the definitive owner of the underlying NFT, in accordance with these Terms. Unless explicitly stated otherwise, you have the right to dispose of it freely within the Platform, namely to keep it or resell it on the Transfer Market.
4.5 Fancards and Third-Party Rights
The image of the athlete or player, the identity of the Club (including trademarks and shirts) and the other elements appearing on the Fancards are subject to an official licence granted by the third party holding the relevant rights. These may include patent rights, image rights, copyrights, trade secrets, trademarks, know-how and any other intellectual property rights recognised in any country or jurisdiction in the world ("Third-Party Rights").
You may not, under any circumstances and without the prior written consent of GENEZYS, attempt to carry out or carry out any of the following operations on the Fancards, whether or not they are held by you:
(i) use the Fancards and/or any third-party element appearing on the Fancards for commercial purposes, advertising or the promotion of a third-party product or service;
(ii) market goods, physical or digital, that depict the Fancards;
(iii) alter, edit or otherwise modify the elements appearing on the Fancards in any other way;
(iv) attempt to claim or claim any additional intellectual property rights relating to the third-party elements appearing on the Fancards;
(v) infringe any applicable Third-Party Rights;
(vi) use third-party elements appearing on the Fancards and/or a Fancard in connection with images, videos or any other form of media that is hateful, intolerant, violent, cruel or anything else that could reasonably be considered hate speech, defamation or an infringement of the rights of others, including the image rights of the athletes or clubs depicted;
(vii) trade, distribute for profit (including, but not limited to, transfer without consideration with the intention of a potential future profit) or otherwise engage in any commercial activity involving goods that incorporate, contain or consist of third-party elements appearing on the Fancards.
4.6 Buying and Reselling Fancards
4.6.1 Primary Market purchase
You can buy from GENEZYS on the GENEZYS platform a single Fancard, or a pack of 4 to 6 called a "Booster", through a Purchase in euros on the Primary Market, subject to acceptance of the GTCUS.
4.6.1.1 Price
Product prices (including Fancards) are shown in euros (€) and include all applicable taxes.
Genezys reserves the right to change its prices at any time. However, products will be invoiced on the basis of the rates in force at the time the order is validated.
4.6.1.2 Order
Any order placed on the platform is firm and final.
The user receives a confirmation email once their order has been validated.
Genezys reserves the right to cancel or refuse any order from a user with whom there is a dispute relating to the payment of a previous order.
4.6.1.3 Payment
When you make a payment in connection with the Services, it will be processed by one of our Third-Party Services payment providers (the "Payment Provider").
In order to process your payment, the relevant Payment Provider may ask you for additional information to verify your identity or validate the transaction, in accordance with the terms and conditions and privacy policy of that Payment Provider.
You acknowledge and agree that, due to the nature of blockchain technology, once a transaction has been processed, the associated transaction data will be irreversibly linked to the relevant Fancard and recorded on the Blockchain.
Your transaction may be refused, frozen or withheld for various reasons, including, but not limited to, suspected fraud or compliance with economic or trade sanctions, in accordance with the internal risk management policies of GENEZYS and its Payment Providers.
4.6.1.4 Delivery
Fancards are delivered digitally to the user's account once payment has been confirmed.
In the event of a technical problem preventing immediate delivery, the user is invited to contact customer support by email at contact@genezys-app.com.
4.6.1.5 Withdrawal and Refund
In accordance with Article L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply to digital content not supplied on a tangible medium.
In the event of a proven malfunction of the Fancards, the user may request a refund or exchange within 14 days of purchase.
If you reside in a country where a statutory right of withdrawal is provided, you can generally cancel your order for any reason within fourteen (14) calendar days. Notwithstanding the above, given the digital nature of Fancards, when purchasing from GENEZYS you will be asked to consent to the immediate performance of the contract between you and GENEZYS (and therefore to consent to immediate access to the Fancard after purchase), which means that you waive your right of withdrawal. We will confirm by email your consent to the supply of digital content and your waiver of the right of withdrawal.
Product prices (including Fancards) are shown in euros (€) and include all applicable taxes.
4.6.2 Buying and Reselling on the Secondary Market
You can buy or resell Fancards to other Users on the Secondary Market using GEMs (see Article 6.3), which serve as the medium of exchange. Transaction fees apply to any resale of Fancards on the secondary market.
4.6.2.1 Medium of exchange
Product prices (including Fancards) are shown in points. To top up the number of points earned through their activity, the User may buy points on the Platform in euros, including all applicable taxes.
4.6.2.2 Transaction
Any order placed on the platform is firm and final.
The user receives a confirmation email once their order has been validated.
GENEZYS reserves the right to cancel or refuse any order from a user with whom there is a dispute relating to the payment of a previous order.
ARTICLE 5: Challenges
The GENEZYS platform enables connection and interaction between clubs and athletes, on the one hand, and Users, on the other, through Challenges offered on the platform. These Challenges are organised as lotteries, with the winner(s) drawn at random. Prizes may take various forms, such as a VIP experience (private invitation), a unique item such as a sports shirt signed by the athlete, or other physical or digital items.
5.1 Access to Challenges
Through the platform interface, the user can access all the Challenges offered by clubs, athletes or GENEZYS, and choose to take part, provided they meet the participation requirements and accept the Challenge rules.
Each Challenge has a specific description page setting out:
- the participation requirements
- the number of winners
- a list of prizes offered as part of the Challenge
- a start date
- an end date
5.2 Participation requirements
Participation requirements may vary depending on the Challenge.
There are several categories of Challenges:
- So-called free Challenges, open to all Users of the platform.
- Challenges reserved for Fancard holders, sometimes with required rarity levels.
5.3 How to participate
The user may take part in the Challenge provided that they:
- meet the Participation requirements
- accept the Challenge rules
- Participants must be registered on the Platform and accept the Challenge rules. The Challenge description page gives the start and end dates for taking part in the Challenge.
5.4 Selection of winners
Winners will be selected by an automatic random draw algorithm within the Genezys platform and notified by email. The number of winners is defined on the Challenge description page.
5.5 Draw
The draw takes place automatically after the Challenge end date.
5.6 Prizes
Prizes vary depending on the organiser of each Challenge. They may include, in particular: a meeting with an athlete, a signed shirt, preferential tickets to attend sporting events, or collector's items. Prizes are neither exchangeable nor refundable and are defined on the Challenge description page.
5.7 Prize collection
Winners receive in their locker a digital item corresponding to their prize, together with a deadline to claim it. Personal data such as surname, first name, telephone number and home address may be requested depending on the type of prize.
ARTICLE 6: The Locker
The Locker allows a user to view and manage their Fancard collections and to claim the prizes they have won, as well as the points they have accumulated by being active on the Platform.
6.1 GENEZYS digital wallet
A digital asset wallet ("Blockchain Wallet") is automatically created when you create your account, allowing you to store your Fancards as well as the Tokens you may earn by being active on the platform.
The digital wallet offered on our platform is custodial, which means that we manage and secure it on behalf of the user. In practice, the private keys associated with the wallet are stored and protected by our system, sparing the user the complexity of managing them.
This approach simplifies the user experience while offering a high level of security thanks to our data protection and active monitoring protocols. The user can thus easily access their digital assets and receive and use their GEMs without having to deal directly with the technical aspects of the blockchain.
6.2 The Points System
GENEZYS includes a reward mechanism based on the granting and accumulation of points by the user throughout the week (from Monday 00:00 to Sunday 23:59).
Users earn these points through their activity on the platform, for example by referring friends, buying Fancards or taking part in Challenges.
They are converted into GEMs, in proportion to the user's volume of points compared with other users, and to the total number of GEMs distributed over the period.
Points are internal to the GENEZYS platform and are not recorded on a blockchain. They are neither NFTs nor digital assets.
The different ways to earn activity points are as follows:
- Buy a Fancard: +10 points
- Buy a Booster: +75 points
- Buy 3 Boosters: +50 additional points (on top of the 75 x 3 points for each Booster purchased)
- Buy 5 Fancards/Boosters: +75 additional points (on top of the points for each Booster or Fancard purchased)
- Claim a prize: +25 points (after winning a challenge)
- Fail a challenge: +5 points
- Refer a friend: +25 points (each time a friend uses your referral code to sign up)
- Purchase by a friend: +50 points (each time a friend who signed up with your referral code buys their first Fancard)
- Transaction by a friend: +5% in points (each time a friend who used your referral code buys Fancards or Boosters)
- Sign up with a referral code: +25 points when signing up with a referral code
- Use of a referral code: +100 points on your first purchase if you signed up with a referral code
6.3 GEMs
GEMs are the exclusive in-game currency used for gameplay-related actions. In particular, they can be used to buy equipment in the store to increase the value of one's deck.
Users earn GEM rewards based on their ranking in the game leaderboard at the end of the weekly arena, or through other operations organised on the platform.
The user can also buy GEMs on the platform in euros.
ARTICLE 7: Multisport Fantasy Game
The GENEZYS platform allows you to take part in a game using the Fancards in your Locker. Each player builds a deck of 5 Fancards and competes against other players online, based on the score of each of their cards.
7.1 Arenas
The game is organised in weekly Arenas, running from Monday 00:00 (CET) to the following Sunday at 23:59. Each week, a themed Arena highlights a type of attribute (e.g. Power & Endurance) and a category (Talent, Champion or Star).
During an Arena, each player can face opponents in up to 10 matches per day. The goal is to achieve the best possible score in order to climb the weekly leaderboard and win rewards.
The weekly leaderboard rewards the most consistent and strategic players.
- Leaderboard frozen every Sunday at 23:59
- Reset to 0 points every Monday at 00:00
- Rewards distributed according to final rank
Game modes within the Arenas
Each Arena offers two distinct and independent game modes: Divisions and Cups. Players can take part in one, the other or both during the same Arena.
a) Divisions
Divisions are the main game mode of the Arena. Players have up to 10 matches per day. Points earned in Divisions count towards the weekly Arena leaderboard described above.
b) Cups
Each Cup is dedicated to a specific card rarity (e.g. [Common, Rare, Legendary]). To take part, players may only use cards of the rarity of the Cup concerned. Any card of another rarity is excluded from the competition.
Players have up to 10 matches per day for each Cup, in addition to the matches available in Divisions.
Each player's results count towards a single overall leaderboard specific to each Cup, covering all of its participants. At the end of the Cup, the highest-ranked players are rewarded.
- Participation limited to cards of the Cup's rarity
- Up to 10 matches per day per Cup, in addition to those in Divisions
- Single overall leaderboard for all Cup participants
- Rewards granted to the top 30 players according to their final rank
7.2 The deck
The deck consists of 5 Fancards from your collection, according to the following rules:
- The same Fancard cannot be used twice.
- Players can change their deck between each match.
7.3 Deck card scores
The score of the cards used during a match is calculated according to a number of parameters.
7.3.1 Attributes
Each Fancard has 4 attributes, chosen from the following:
Agility, Power, Technique, Endurance, Vision, Reflexes, Resilience, Balance, Reasoning
Each attribute is rated from 1 to 10, within a random range:
- 1–3: low
- 4–6: medium
- 7–10: high
The same Fancard model (collection, rarity) may therefore vary slightly depending on the rating randomly drawn within the range.
7.3.2 Base score
Each Fancard displays a base score, calculated according to:
- its category (Talent, Champion, Star)
- its rarity,
- its attributes
7.3.3 Card health
Each card used in a match randomly loses health (between 2% and 7%). It naturally recovers 1% per hour.
7.3.4 Consumables
Consumables are temporary bonuses applied to a card before a match. They represent energy or attribute boosts. Players can buy them in the Store with their points.
Players can use one or more consumables on the same card, and their effects stack (up to a maximum cap of 100%).
Consumables can only be used once.
7.3.5 Equipment
Equipment items are permanent items affecting a card's attributes. Some equipment grants a bonus on one attribute but may impose a penalty on another. Players can buy equipment in the Store with GEMs.
Only one piece of equipment can be used per card at a time.
7.3.6 Arena bonus
Each Arena highlights a type of attribute (e.g. Power & Endurance) and a category (Talent, Champion or Star).
7.4 Matches
A match is a duel between two Users' 5-card decks, based on the score of each of their cards.
7.4.1 Card score
A card's overall score is calculated from:
- its base score,
- Arena bonuses (category and attributes),
- equipment and consumables applied,
- the card's health.
All these bonuses/penalties are added together to obtain the Arena Score:
ARENA SCORE = BS + Buffs (category + attributes + health + performance + equipment + consumables)
7.4.2 Launch
When a User decides to launch a match, the GENEZYS Platform randomly searches for an opponent among all Platform Users who have a 5-card deck in their locker.
7.4.3 How a match works
7.4.3.1 Sequential comparison
- The game automatically compares the cards of the two decks in the predefined order (card 1 against card 1, then card 2 against card 2, etc.).
- Each comparison constitutes a round.
- There are 5 rounds in total.
7.4.3.2 Determining the winner of a round
The result of each round is determined by a dynamic probability formula based on the score difference between the two cards, detailed below:
- If both cards have the same score, each player has a 50% chance of winning the round
- If a player has a score 500 points or more higher, they have a 99.9% chance of winning the round.
- Between these two extremes, the probability of winning follows a logistic curve, which increases the chances in a balanced way according to the score difference.
- The final result is then decided by a random draw weighted according to this probability.
7.4.3.3 Match winner
The first player to win 3 rounds is declared the winner of the match (best-of-5 system).
7.4.4 Winnings
Each match launched by a User earns them 15 points if they win.
7.4.5 Frequency
Each User can launch up to 10 matches per day.
ARTICLE 8: Contests and promotional operations
GENEZYS may occasionally organise games, contests or prize draws. Each operation is governed by specific rules published on the Platform and/or accessible at the URL provided during the operation. In the event of any conflict between the GTCUS and the specific rules, the specific rules prevail as regards the terms of the operation. Participation in the game entails acceptance of said rules.
ARTICLE 9: User Information
The privacy policy ("Privacy Policy") governs how we process the data we collect through the Platform. Acceptance of the Privacy Policy, by ticking a checkbox, is required in order to create the account by clicking on the "Sign up" button.
9.1 Personal data
Please keep the information relating to your User account up to date.
In accordance with applicable legal and regulatory requirements, in particular regarding anti-money laundering and counter-terrorist financing (AML-CFT) and under Regulation (EU) 2023/1114 ("MiCA"), GENEZYS may collect, verify and retain additional information about the user.
In this respect:
- GENEZYS may ask the user to provide information and documents to verify their identity (KYC procedures),
- this information may be used to assess the user's risk profile and to detect any suspicious activity,
- Certain operations, in particular those involving crypto-assets (purchase, conversion, transfer), may be subject to specific analysis or monitoring.
GENEZYS may contact the user via their account or via the associated email address in order to request this information.
Refusal to provide the requested information, or the provision of inaccurate or incomplete information, may result in:
- the suspension or limitation of access to certain services,
- the refusal to carry out certain operations,
- or, where applicable, the closure of the user account.
Data collected in this context is processed in accordance with applicable personal data protection regulations and the provisions of the Privacy Policy.
9.2 Feedback
We invite you to send us any reaction, comment, suggestion or idea you may have regarding the Platform via Discord and/or by email to our team.
When you send us feedback ("Feedback"), you grant GENEZYS a transferable, sub-licensable, royalty-free, worldwide right, for the legal term of protection of any intellectual property rights attached to said Feedback, to use, reproduce, adapt, modify, translate, distribute or exploit this Feedback, in whole or in part, for service improvement, commercial or promotional purposes, on any medium and by any means of communication now known or hereafter devised.
The privacy policy ("Privacy Policy") governs how we process the data we collect through the Platform. Acceptance of the Privacy Policy, by ticking a checkbox, is required in order to create the account by clicking on the "Create my account" button.
ARTICLE 10: Intellectual property
The Platform, the Services and all of their content (including design, logos, texts, images, data, software, algorithms and scripts) are the exclusive property of GENEZYS, its affiliates and their licensors, where applicable (the "Proprietary Content").
Any extraction, reproduction, use or marketing, in whole or in part, of the Proprietary Content without the prior written authorisation of GENEZYS is strictly prohibited.
Nothing in these Terms grants you any intellectual property rights in this content. It is also prohibited to use the Proprietary Content to promote third-party products or services, or to register or use the trademarks, logos or any distinctive sign of GENEZYS without its express written consent. GENEZYS reserves the right to refuse any authorisation at its sole discretion.
The purchase, holding or use of Fancards or Tokens within the Platform does not entail any transfer of intellectual property rights in the associated graphic elements, visuals, trademarks, content or works.
Fancards only confer a right of use within the features of the Platform, in accordance with these GTCUS.
Ownership of the crypto-assets held by the user, including Tokens, is distinct from the intellectual property rights attached to the associated digital content.
Consequently:
- holding a crypto-asset does not confer any rights over elements protected by intellectual property rights,
- and conversely, intellectual property rights held by GENEZYS or third parties do not affect the user's ownership of their crypto-assets.
The terms of custody and return of crypto-assets are set out in the specific agreement relating to the custody and administration of crypto-assets.
ARTICLE 11: Modification, suspension or discontinuation of the Platform
We reserve the right to modify, suspend or interrupt, temporarily or permanently, all or part of the Services, products, offers, promotions and/or features of the Platform, or to introduce new features and/or Services.
These changes may occur for any reason, in particular:
- improvement of the Platform (new Services, updates, functional developments),
- technical or operational reasons,
- constraints relating to intellectual property or third parties,
- legal or regulatory requirements,
- security or risk management requirements.
GENEZYS endeavours, as far as possible, to inform Users in advance of any substantial change affecting the Services.
Users accept that certain changes or suspensions may occur without notice when necessary for urgent reasons, in particular security or regulatory compliance.
If you do not accept these changes, you may request the deletion of your User account in accordance with these GTCUS.
ARTICLE 12: Prohibited use of the Platform
GENEZYS wants the Platform to be a place of exchange where sports fans and supporters can interact in a secure, fair environment that complies with applicable regulations.
When using the Platform, you undertake not to:
- Interfere with, disrupt or attempt to gain unauthorised access to the account, Wallets and/or computer systems of other Users;
- Attempt to access another User's account;
- Impersonate any person or entity;
- Provide false, inaccurate or misleading information;
- Use your account, your Wallet or those of other Users to carry out unlawful or non-compliant operations, in particular:
- money laundering or terrorist financing,
- circumvention of identity verification obligations (KYC),
- use of nominees or multiple accounts,
- transfer of funds in order to conceal their origin or destination.
- Carry out transactions whose purpose or effect is to:
- manipulate Fancard prices,
- create a misleading appearance of activity
- exploit flaws in the system or in the operation of the Services,
- use non-public information for trading purposes.
- Abuse the Platform's reward, bonus or activity mechanisms, in particular:
- by creating several accounts,
- by automating interactions,
- or by seeking to artificially generate gains or GEMs.
- Use robots, scripts, bots or any other automated means to interact with the Platform in an unauthorised or abusive manner, in particular in order to:
- circumvent the rules,
- exploit economic mechanisms,
- or disrupt the operation of the Services.
- Breach any applicable law or regulation, in particular those relating to:
- anti-money laundering and counter-terrorist financing,
- economic and trade sanctions.Failure to comply with these provisions may result in:
- the temporary or permanent suspension of the account,
- the limitation of certain features,
- the refusal or cancellation of certain operations,
- and, where applicable, the transmission of information to the competent authorities.
These measures are implemented in compliance with applicable legal and regulatory obligations.
ARTICLE 13: Suspicious activities and violations
13.1 Suspicious activities
13.1.1 Reporting suspicious activities
We invite you to report any potentially fraudulent or illegal activity by other Users. GENEZYS reserves the right to investigate account activity deemed suspicious, at its sole and absolute discretion, and to limit access to the Services or the Game and/or temporarily suspend the User account concerned during this investigation. If you wish to report suspicious activity, you can contact the support team by email at contact@genezys-app.com. Any report will be kept strictly confidential and will not be disclosed to any third party, except
(i) to the extent required by applicable law or regulation, or
(ii) pursuant to a subpoena or court order or a request from a regulator or any competent regulatory, self-regulatory or legislative body, or
(iii) in connection with a regulatory report, audit or investigation, or
(iv) at the request of a regulator.
13.1.2 Investigations
GENEZYS reserves the right to investigate account activity deemed suspicious and to limit your access to the Services and/or temporarily suspend your User account during this investigation, including where such activity has been reported by other Users.
These investigations may in particular be carried out in the context of the legal and regulatory obligations applicable to GENEZYS, especially regarding anti-money laundering and counter-terrorist financing (AML-CFT) and compliance with Regulation (EU) 2023/1114 ("MiCA").
If GENEZYS has contacted you about suspicious activity, you undertake to provide all the requested information.
13.2 Breach of these Terms and/or any applicable Additional Terms
You must not use the Platform and/or your User account in a manner that breaches these Terms and/or any other applicable Additional Terms. GENEZYS reserves the right to limit a User account's access to certain parts of the Services, to temporarily suspend a User account and/or to permanently suspend a User account where that User is suspected of breaching or has actually breached these Terms and/or any other applicable Additional Terms. A temporary or permanent suspension of a User account will result in the cancellation of all Offers that may have been published by that User on the Secondary Market.
Measures taken by GENEZYS in this context are proportionate to the seriousness of the facts established and implemented in compliance with applicable legal and regulatory obligations.
13.2.1 Service limitations
13.2.1.1 Ineligibility for Challenges
We reserve the right to temporarily exclude you from, or withdraw you from, any Challenge in which you are taking part if you are suspected of breaching or having breached these General Terms and/or any other applicable Additional Terms.
13.2.1.2 Ineligibility for rewards
We reserve the right to suspend or cancel the granting of rewards not yet distributed in the event of a suspected breach of these Terms.
Where such rewards have already been granted in the form of GEMs, any measure affecting these GEMs is implemented in compliance with the user's rights and applicable regulatory obligations, in particular regarding restitution.
13.2.2 Account suspension
We reserve the right to suspend a User account's access to all or part of the Services, temporarily or permanently. Your User account will be suspended, in particular, if you breach or are suspected of having breached any part of these Terms and/or any other applicable Additional Terms.
13.2.3 Permanent suspension
In the event of permanent suspension, we will inform you by sending an email to the address associated with your User account.
Please note that, in certain cases of breach of these Terms and/or applicable law, GENEZYS and/or the payment providers involved may refuse, suspend or defer certain operations, in particular in the event of:
- suspected fraud,
- anti-money laundering and counter-terrorist financing (AML-CFT) obligations,
- compliance with economic or trade sanctions,
- or more generally to comply with any applicable legal or regulatory obligation.
These measures may result in temporary restrictions on access to certain services or features.
Certain information relating to the measures taken may not be disclosed to the user where prohibited by law.
13.3. Appeal procedure
If we take action under this Section, you may have a right of appeal. For further information, you can contact the support team by email at contact@genezys-app.com, providing us with the following information: your name, your username, your email address, a full and detailed description of the dispute and, where applicable, GENEZYS's previous response to your complaint, and the reason why you disagree with the measures taken. We will endeavour to review your complaint and respond as soon as possible.
GENEZYS endeavours to process any request for review within a reasonable time, in compliance with its legal and regulatory obligations.
13.4. Disclaimer
You acknowledge that GENEZYS may be required to take measures in the context of investigations or in the event of a breach of these Terms.
However, GENEZYS remains liable within the limits provided by applicable law, in particular with regard to its obligations relating to the custody and return of crypto-assets.
Nothing herein shall exclude or limit the liability of GENEZYS where such exclusion or limitation is prohibited by applicable regulations.
ARTICLE 14: Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless GENEZYS, its affiliates, officers, agents, consultants, suppliers, shareholders, employees, partners, subsidiaries, subcontractors and licensors against any claim, damage, judgment, loss, obligation, penalty, costs or expenses (including reasonable attorneys' fees) arising from:
- your breach of these Terms and/or any applicable Additional Terms;
- your fraudulent or abusive use of the Services;
- your infringement of third-party rights;
- your breach of any applicable law or regulation;
- your fault, negligence or intentionally harmful conduct.
This indemnification obligation only applies to the extent that the damage concerned is attributable to your wrongful conduct.
Nothing in this article shall:
- exclude or limit the liability of GENEZYS where such liability arises under applicable regulations;
- nor deprive the user of their statutory rights.
GENEZYS cannot be held liable for damage resulting from the user's use of the Services in breach of these Terms.
However, this limitation does not apply where GENEZYS's liability arises under applicable law, in particular in the event of a breach of its essential obligations.
ARTICLE 15: Civil liability
GENEZYS uses all reasonable means to ensure the proper functioning, security and availability of the Platform.
Within the limits permitted by applicable law, GENEZYS cannot be held liable for:
- the user's reliance on information accessible on the Platform or via third-party services;
- fluctuations in the value of Fancards or Tokens, in particular on the secondary market;
- temporary interruptions, bugs or technical malfunctions beyond its control;
- services or technologies provided by third parties;
- cases of force majeure;
- or non-compliant use of the Platform by the user.
The user acknowledges the risks inherent in the use of blockchain-based technologies, in particular:
- technical risks (bugs, forks, network congestion),
- cybersecurity risks.
GENEZYS cannot be held liable for failures intrinsic to these technologies where they are beyond its reasonable control.
However, nothing in this article shall:
- exclude or limit the liability of GENEZYS where it results from a breach of its legal or regulatory obligations
Unless otherwise required by mandatory law, GENEZYS's total liability towards a user is limited to proven direct damages, up to the amounts actually paid by the user during the twelve (12) months preceding the event giving rise to the claim. This limitation does not apply:
- in the event of gross negligence or wilful misconduct,
- in the event of a breach of an essential obligation,
- or where applicable law provides otherwise.
ARTICLE 16: Risks and disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GENEZYS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GENEZYS DOES NOT WARRANT
- (A) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS;
- (B) THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS AND/OR MALWARE;
- (C) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES (INCLUDING ANY DATA PRESENTED IN THESE TERMS OR IN CONNECTION WITH, OR ON, ANY THIRD-PARTY WEBSITE) WILL BE ACCURATE OR RELIABLE;
- (D) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER ITEMS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, GENEZYS DISCLAIMS ALL LIABILITY FOR ANY LOSSES THAT MAY RESULT FROM YOUR USE OF THE PLATFORM, BLOCKCHAIN TECHNOLOGY AND/OR DIGITAL ASSET WALLETS.
In addition, you acknowledge that:
- The applicable price of a digital asset can be highly volatile and could have a significant (and negative) impact on any resale value a Fancard may have. There is no guarantee that a Fancard will maintain any specific value or price if offered for resale. There is no guarantee that buyers of Fancards on the Transfer Market will not incur losses if they choose to resell a Fancard.
- Fancards exist solely by virtue of the ownership records maintained on the Base network blockchain underlying the Platform. Any transaction involving a Fancard takes place on the Base network blockchain, which GENEZYS does not control, and not within the Platform.
- GENEZYS relies on Internet-based services and, as such, you acknowledge that interruptions, delays or periods of unavailability may occur. These disruptions may affect the accessibility and functionality of the Services:
- Third-Party Services: GENEZYS may use or provide links or other access to Third-Party Services for various reasons. Your access to and use of Third-Party Services may also be subject to additional terms, privacy policies and other agreements with such third parties, and you may be required to create and log in to separate accounts to use the Third-Party Services on the websites or via the platforms of their respective providers. Some Third-Party Services will provide GENEZYS with access to certain information that you have provided to them, including directly through them, and we will use this information in accordance with our Privacy Policy. The reliability and security of these services are outside GENEZYS's direct control, and any problem with Third-Party Services may affect your experience on the platform. GENEZYS is not responsible for these Third-Party Services or for the accuracy, availability, reliability or completeness of the information shared by them, or for their privacy practices. GENEZYS enables these Third-Party Services solely for your convenience, and the integration or inclusion of such Third-Party Services does not imply endorsement or recommendation. Any transaction you carry out with third parties using the Services is between you and the third party. GENEZYS will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of Third-Party Services.
- Data security: Despite the use of industry-standard security measures, online services are susceptible to data breaches, hacking or unauthorised access. You acknowledge the inherent risks associated with transmitting information over the Internet. You are responsible for maintaining the confidentiality of your password and account details and you are fully responsible for all activities that occur under your password or account. You agree (a) to immediately notify GENEZYS of any unauthorised use or any security breach, and (b) to make sure you log out of your account at the end of each session when accessing the Services. GENEZYS will not be liable for any loss or damage arising from your failure to comply with this paragraph.
To the fullest extent permitted by applicable law, you acknowledge that GENEZYS is not responsible for any communication failures, interruptions, errors, distortions or delays experienced when using online services in connection with the Platform, whatever the cause.
The use of blockchain-based services may involve the following risks:
- The decentralised and distributed nature of blockchain technology may expose you to technical errors, cyber-attacks or other unforeseen problems that could result in the loss of digital assets or the disruption of services.
- Network risks: Delays, interruptions, congestion or other unforeseeable failures on the blockchain network may affect the speed and efficiency of transactions.
Because of these risks, a transaction for a Fancard, including a sale or any other transfer of ownership, may be (i) irreversible, and losses caused by fraudulent or accidental transactions may occur; or (ii) recorded on the Base network ledger at a time after the Fancard transaction. You acknowledge that GENEZYS is not responsible for any communication failures, interruptions, errors, distortions or delays experienced when using online services in connection with the Platform, whatever the cause.
The Fancard is not an investment, a security, a share, an equity interest, a debt, a loan or a derivative product relating to any of these. The Fancard is not intended to be a security under any law, regulation, rule, order, treaty or other act governing securities, including, but not limited to, the US Securities Act of 1933, Securities Exchange Act of 1934 and Investment Company Act of 1940, as amended. Neither these Terms nor any information provided by GENEZYS constitutes a prospectus or offering document, nor do they constitute an offer to sell or a solicitation to buy the Fancard or any other asset.
The regulatory frameworks governing blockchain technologies, cryptocurrencies and tokens remain uncertain, and new regulations or policies around the world could have a significant impact on the development of the GENEZYS ecosystem and the potential utility or value of Fancards.
Nothing in this article shall:
- exclude or limit the liability of GENEZYS where such liability arises under applicable law, in particular in respect of its obligations relating to the secure custody of crypto-assets;
ARTICLE 17: Amendment of the GTCUS
We reserve the right to modify or amend these Terms and/or any Additional Terms at any time.
If we make material changes to any of the above terms, we will notify you of these changes in advance via a dedicated means of communication (such as an email sent to the email address associated with your User account) and will give you a reasonable period to review the updated Terms.
Where these changes affect services relating to crypto-assets, in particular their custody, transfer or return, GENEZYS ensures that users are informed in a clear and understandable manner and have a reasonable period to exercise their rights.
If you do not wish to accept the updated Terms, you may terminate these Terms by requesting the deletion of your User account and immediately ceasing your use of the Services.
These Terms may only be terminated after the user has been able to recover or transfer their crypto-assets, in accordance with the terms set out in the agreement relating to the custody and administration of crypto-assets and with applicable regulations.
If you do not terminate the Terms before the end of the period indicated following the update notification, your continued use of the Services constitutes acceptance of the revised terms.
No amendment to these Terms may have the effect of:
- undermining users' rights over their crypto-assets;
- limiting their right to restitution;
- or reducing GENEZYS's obligations under applicable regulations, in particular Regulation (EU) 2023/1114 ("MiCA").
We reserve the right to modify or amend these Terms and/or any Additional Terms at any time. If we make material changes to any of the above terms, we will notify you of these changes in advance via a dedicated means of communication (such as an email sent to the email address associated with your User account) and will give you a reasonable period to review the updated Terms. If you do not wish to accept the updated Terms, you may terminate these Terms by requesting the deletion of your User account and immediately ceasing your use of the Services. If you do not terminate the Terms before the end of the period indicated following the update notification, your continued use of the Services constitutes acceptance of the revised terms.
The applicable version of the Terms is the latest version published on the date of use of the Services.
Failure by GENEZYS at any time to exercise its rights under these Terms shall not constitute a waiver of that right.
If any clause, provision or section of these Terms is held to be void or unenforceable, that clause, provision or section shall be deemed unwritten and shall not affect the validity or enforceability of the remaining part of any other clause, provision or section of these Terms, provided that the essential provisions of these Terms remain in force.
All obligations which, by their nature, should or are intended to survive the termination or expiry of these Terms shall continue in full force and effect, regardless of the termination of these Terms by you or GENEZYS.
The Platform may periodically offer Challenges governed by rules separate from these Terms. In the event of any conflict between the Challenge rules and these Terms, the Challenge rules shall prevail, but only in the context of the Challenge concerned.
ARTICLE 18: Disputes
If you encounter a problem or have a question, you can contact us at contact@genezys-app.com. Please include your contact details in your message and provide any additional information and relevant context.
In the event of a dispute, the parties will endeavour to find an amicable solution. Failing agreement, the dispute will be submitted to the jurisdiction of the French courts.
ARTICLE 19: Governing law
These GTCUS are governed by French law.