These Conditions of Sale are governed by French law (Article 15). The French version is the sole legally binding version. Translations are provided for convenience only.
Article 1: General provisions
1.1 These General Conditions of Sale (hereinafter the "Conditions of Sale") govern the contractual relationship between the company Fundscreener (hereinafter "the Company") and its professional clients (hereinafter "the Client"). The Client expressly acknowledges that it is a professional within the meaning of the French Consumer Code, acting in the course of its professional activity.
1.2 The Conditions of Sale apply exclusively to the use of the financial information analysis and management services provided by Fundscreener via its digital platform. Any subscription entails full and unreserved acceptance of these Conditions of Sale.
Article 2: Description of the services
2.1 Fundscreener offers a digital financial analysis support platform intended exclusively for professionals in wealth management, investment and finance.
2.2 The services offered include, in particular:
- Access to a web and mobile application
- Consultation of financial databases sourced in particular from third-party providers, including Morningstar
- Analysis and comparison of investment funds and ETFs
- Creation of model portfolios and monitoring of performance indicators
- Generation of customised reports and materials
- Participation in professional events
2.3 The Client acknowledges that certain data accessible via Fundscreener comes from third-party providers, in particular Morningstar Direct Web Services. This data is made available to the Client strictly within the scope of the rights granted to Fundscreener by its providers and subject to the technical and legal limitations applicable to such data.
2.4 The features offered by Fundscreener may change over time in line with technical, regulatory or contractual developments, in particular those imposed by third-party data providers. Fundscreener reserves the right to modify, suspend or withdraw certain features where such changes result from contractual or legal obligations.
Article 3: Subscriptions
3.1 The Client may subscribe to various subscription plans (in particular Standard, Plus, Premium), each giving access to a specific functional scope, as described on the Fundscreener website.
3.2 Subscriptions are entered into for an initial monthly or annual term, depending on the plan chosen, and are automatically renewed by tacit renewal, unless cancelled by the Client.
3.3 The Client may cancel its subscription at any time via its personal account or the subscription management portal. Cancellation takes effect at the end of the current subscription period, without any refund for the period already begun.
Article 4: Conditions of access and use
4.1 Access to the services is by means of personal and confidential login credentials. Access is available 24 hours a day, 7 days a week, subject to maintenance operations, technical developments or cases of force majeure.
4.2 The Client undertakes to:
- Not share its login credentials
- Ensure the confidentiality of its access
- Immediately inform Fundscreener of any unauthorised use
Article 5: Pricing and payment
5.1 Subscription prices are indicated on the Fundscreener website, expressed in euros (€), excluding taxes or including all taxes as the case may be.
5.2 Subscriptions are paid in advance, on a monthly or annual basis, via the secure payment provider: Stripe, Inc. Fundscreener does not store any of the Client's banking data.
5.3 In the event of a payment incident, Fundscreener reserves the right to suspend access to the services temporarily or permanently until the situation is remedied.
5.4 Fundscreener reserves the right to change its prices. Any price change does not affect the current subscription, but may apply to subsequent renewals. The Client is informed thereof 30 days in advance and may cancel before the new price comes into effect.
Article 6: Plan changes (Upgrade / Downgrade)
6.1 Upgrade The Client may switch to a higher plan at any time. The amount due is then calculated pro rata temporis, based on the time remaining in the current period. The price is displayed before confirmation.
6.2 Downgrade Switching to a lower plan takes effect at the end of the current subscription period. The Client retains the features of its current plan until that date.
Article 7: Free trials
7.1 Fundscreener may offer free trial periods. At the end of the trial period, the subscription is automatically converted into a paid subscription, unless cancelled beforehand by the Client.
7.2 It is the Client's responsibility to cancel its subscription before the end of the trial if it does not wish to be charged.
Article 8: Refund policy
8.1 Unless otherwise stated, Fundscreener subscriptions are non-refundable once the subscription period has begun.
8.2 On an exceptional and discretionary basis, Fundscreener may grant a refund, in particular for a first subscription or in the event of a proven major malfunction of the service.
8.3 No refund will be granted in the event of:
- Late cancellation
- Non-use of the service
- Suspension or termination for breach of the terms of use
Article 9: Complaints and customer support
9.1 Any complaint may be sent to Fundscreener customer support. The Company undertakes to respond within a reasonable time, generally within seven (7) working days.
Article 10: Liability
10.1 Fundscreener provides an analysis and decision-support tool. The information, ratings, data and reports provided via the platform:
- under no circumstances constitute investment advice,
- do not constitute a personalised recommendation,
- must not be interpreted as an incentive to buy or sell a financial instrument.
The Client remains solely responsible for decisions taken on the basis of the information accessible via the platform.
10.2 The Client expressly acknowledges that:
- The Morningstar data accessible via Fundscreener is provided "as is"
- Morningstar and Fundscreener do not guarantee the accuracy, completeness or timeliness of the information
- Past performance is not indicative of future performance
In accordance with the licence agreement between Fundscreener and Morningstar, Fundscreener is not liable for investment decisions made on the basis of Morningstar data and is not an investment adviser within the meaning of financial regulations.
10.3 Fundscreener's liability is strictly limited to the amount actually paid by the Client in respect of its current subscription.
Article 11: Intellectual property
11.1 All content, software, interfaces, databases, trademarks and graphic elements of the Fundscreener platform are protected by intellectual property law. Any unauthorised reproduction, representation or exploitation is strictly prohibited.
11.2 The Client acknowledges that:
- The data, ratings, charts, reports and content provided by Morningstar via Fundscreener remain the exclusive property of Morningstar
- No property rights are transferred to the Client
- Only a strictly personal and professional right of use is granted
11.3 Where elements such as Morningstar®, Morningstar Rating™, Morningstar Sustainability Rating™ or any other Morningstar distinctive sign are displayed in Fundscreener, they remain the exclusive property of Morningstar and may not be reused outside the platform.
Article 12: Personal data
12.1 Fundscreener processes personal data in accordance with the applicable regulations and its privacy policy.
12.2 The Client has a right of access, rectification and deletion of its data under the conditions provided for by law.
12.3 Data entered or imported by the Client into the platform (portfolios, client information, histories, documents) remains the exclusive property of the Client. Fundscreener acts as a processor within the meaning of the GDPR for such data and processes it solely for the purpose of performing the service. In the event of cancellation, the Client may export its data before the effective end of its subscription. After the effective termination, Fundscreener is no longer under any obligation to retain or provide such data.
Article 13: Amendments to the Conditions of Sale
13.1 Fundscreener reserves the right to amend these Conditions of Sale. The new conditions are brought to the Client's attention before they come into force.
Article 14: Disputes
14.1 In the event of a dispute, the parties undertake to seek an amicable solution.
14.2 Failing agreement, the dispute will be submitted to the competent courts.
Article 15: Governing law
15.1 These Conditions of Sale are governed by French law.
15.2 The courts within the jurisdiction of the Aix-en-Provence Court of Appeal shall have exclusive jurisdiction.
Article 16: Usage restrictions specific to Morningstar data
In order to comply with Fundscreener's contractual obligations towards Morningstar, the Client expressly undertakes not to:
16.1
- Redistribute, resell, sublicense or transmit to third parties data sourced from Morningstar
- Use Morningstar data to create a competing product or service
16.2 In accordance with the terms of use imposed by Morningstar, it is strictly prohibited to use all or part of the data accessible via Fundscreener:
- In connection with artificial intelligence systems
- Machine learning tools
- Neural networks
- Predictive algorithms or automated trading algorithms
16.3 The Client shall refrain from using robots, crawlers, spiders or any automated process intended to extract data massively from the platform.
16.4 The reports, charts and documents generated via Fundscreener:
- May only be used in an internal professional context
- May not be the subject of mass mailing or unauthorised public distribution
Article 17: Third-party data and additional licences
Certain data accessible via Fundscreener may constitute "Third Party Data" within the meaning of the agreements entered into with Morningstar. The Client acknowledges that:
- Access to such data is strictly regulated
- Additional licences may be required for certain specific uses
- Fundscreener cannot be held liable for the unavailability or modification of such data by their providers
Article 18: Regulatory compliance
The Client is solely responsible for complying with the regulatory obligations applicable to its activity (AMF, ACPR, MiFID II, etc.). Fundscreener does not guarantee that the reports generated comply with specific regulatory requirements such as those of FINRA, the AMF or other regulatory bodies.
Article 19: Access restricted to professionals
In accordance with the agreement entered into with Morningstar, access to the data is restricted to professional users in financial advisory. The Client undertakes to grant access to Fundscreener only to employees or partners who meet this qualification.
Article 20: Technical limits and fair use
Fundscreener may implement quotas, API call limits or export restrictions in order to ensure the stability of the service and compliance with its contractual obligations towards its data providers. The Client undertakes to comply with these limitations. In the event of excessive or abnormal use, Fundscreener reserves the right to temporarily suspend access to the service after notification.
Done at Aix-en-Provence, on 16/01/2026
On behalf of the company FUNDSCREENER
The President
KYUBI PARTNERS
Represented by Mr Jean-Baptiste COULM