Preamble
These General Terms of Use (the “GTU”) govern access to and use of the MyProsperise platform, made up of the myprosperise.app website and the MyProsperise app. They apply to all services offered under the MyProsperise brand and form the common foundation of the relationship between the user and Prosperise Capital LLP.
MyProsperise is a trading name of Prosperise Capital LLP (FCA 792154). Investment services are provided directly by Prosperise Capital LLP within the scope of its permissions. Account, payment and IBAN services are provided by one or more authorised partners, whose identity is disclosed to the client in the contractual documents.
Each service is also subject to its own terms. These GTU must be read together with those terms, with the Privacy Policy and with the Cookie Policy.
Title I — General provisions
Article 1 — Purpose
1.1. The purpose of the GTU is to set out the conditions under which Prosperise Capital LLP makes the Platform available to users, and the reciprocal rights and obligations of the parties.
1.2. The GTU apply to any person who visits the Website, creates a user account, accesses the App or uses any of the services offered under the MyProsperise brand, whatever the device or channel used.
1.3. The GTU do not, on their own, govern the provision of a payment account, an investment service, an Earn product or credit. Those services are governed by their own terms, which supplement the GTU.
Article 2 — Definitions
In the GTU, the following capitalised terms have the meanings set out below:
- “Prosperise” or “we”: Prosperise Capital LLP, a Limited Liability Partnership registered in England and Wales under number OC419495, whose registered office is at 2 Allen Street, Suite 2.1, London W8 6BH, United Kingdom.
- “MyProsperise”: the trading name under which Prosperise presents its services.
- “Platform”: the Website and the App taken together.
- “Website”: the website available at myprosperise.app and its public subdomains.
- “App”: the MyProsperise application available at bank.myprosperise.app and on compatible devices.
- “User” or “you”: any person who accesses the Platform; where they hold an active user account, the User is also referred to as the “Client”.
- “User Account”: the secure personal area opened on the Platform in the User’s name.
- “Partner Institution”: any duly authorised institution (bank, payment institution or electronic money institution) that provides, in its own name, an account, an IBAN, a card or a payment service accessible through the Platform, or any lending institution.
- “Services”: all the features and services accessible through the Platform, described in Title III.
- “Service Terms”: the terms specific to each Service, in particular the Accounts Specific Terms, the MyProsperise Earn General Terms and the MyProsperise Invest Specific Terms.
- “Assistant”: any explanatory conversational assistant available in the App, in particular the Invest Assistant and MyProsperise Earn AI.
- “KYC”: the know-your-customer and identity verification procedure.
- “Business Day”: a day on which the institutions concerned are open for business, excluding Saturdays, Sundays and applicable public holidays.
Article 3 — Identity and status of the publisher
3.1. The Platform is published by Prosperise Capital LLP, a Limited Liability Partnership governed by English law, registered with Companies House under number OC419495, whose registered office is at 2 Allen Street, Suite 2.1, London W8 6BH, United Kingdom, and whose Legal Entity Identifier is 2549006YNRRSB6L5ZD40.
3.2. Prosperise Capital LLP is authorised and regulated by the Financial Conduct Authority (FCA) under Firm Reference Number 792154 for certain investment activities. It is not a credit institution.
3.3. Prosperise does not hold a deposit-taking licence. It does not accept deposits in its own name, does not issue bank guarantees and does not open named deposit accounts other than through an authorised institution.
3.4. Any reference to authorisation on the Platform is strictly limited to the scope of the permissions actually held.
Article 4 — Partnership-based neobank model
4.1. MyProsperise offers a neobank experience (white-label online banking). Accounts, IBANs and payment services are provided by a duly authorised partner institution. Prosperise Capital LLP is not a credit institution and does not accept deposits in its own name.
4.2. The Partner Institution is the legal provider of the account. Prosperise acts as an interface, distributor, introducer or technical service provider, depending on the contract between it and the Partner Institution.
4.3. The identity of the institution that actually provides the account is disclosed to the Client in the contractual documents before or at the time the account is opened. This disclosure is mandatory.
4.4. The Client’s funds are not deposited with Prosperise Capital LLP. The protection of funds depends on the regime applicable to the Partner Institution (bank deposit, payment account or electronic money). Information on deposit guarantee schemes, where applicable, is provided in the contractual documents.
Article 5 — Contractual documents and order of precedence
5.1. The contractual relationship between the User and Prosperise is governed by the following documents: these GTU; the Service Terms applicable to the Service used; the pre-contractual information and summaries presented before each transaction; the fee schedule in force; the Privacy Policy and the Cookie Policy.
5.2. Where a Service is provided by a Partner Institution, that institution’s terms govern the relationship between the Client and that institution. They are brought to the Client’s attention before the Client enters into any commitment.
5.3. In the event of conflict, the Service Terms prevail over the GTU in respect of all matters relating exclusively to the Service they govern. The pre-contractual information and summaries specific to a transaction specify the terms of that transaction within the framework of the Service Terms.
Article 6 — Acceptance
6.1. Use of the Platform constitutes full and complete acceptance of the GTU and of the Service Terms applicable to each Service used.
6.2. The creation of a User Account, the activation of a Services area and the subscription to a product are subject to express acceptance, given in particular by ticking a box or clicking a confirmation button. The version accepted and the date of acceptance are recorded.
6.3. A User who does not accept the GTU must refrain from using the Platform.
Article 7 — Language
7.1. The GTU are drawn up in French and in English. The French and English versions are reference versions and are equally authoritative. The GTU may be made available in other languages for information only.
7.2. The Platform is offered in French, English, German, Romanian, Dutch, Slovenian, European Portuguese and Italian. Communications addressed to the Client are sent in the language they have chosen from among these languages, subject to availability.
7.3. Certain Service Terms may designate another language version as the reference version; that designation then prevails for the Service concerned.
Article 8 — Changes to the GTU
8.1. Prosperise may amend the GTU, in particular to take account of changes in the Services, its partnerships, regulation or case law.
8.2. The GTU are versioned and dated. Any substantial amendment is brought to the attention of Clients by any appropriate means, in particular by notification in the App or by email, before it comes into force where regulation so requires.
8.3. Continued use of the Platform after the new version comes into force constitutes acceptance of it. A Client who refuses the amendment may terminate their relationship with Prosperise under the conditions of Title VII.
Title II — Access to the Platform
Article 9 — Eligibility conditions
9.1. Opening a User Account is reserved for natural persons who have reached the age of majority, have full legal capacity and act on their own behalf, and for duly represented legal entities where the Service concerned so provides.
9.2. Access to certain Services may be subject to additional conditions: verified KYC status, administrative approval, place of residence, the User’s profile, or conditions set by a Partner Institution.
9.3. Activation of a Services area is neither automatic nor a matter of right. Prosperise and, where applicable, the Partner Institution reserve the right to accept, refuse or revoke access, in compliance with applicable regulation.
Article 10 — Creation of the User Account
10.1. A User Account is created online, from the App. The User provides the requested information, chooses their credentials and accepts the applicable contractual documents.
10.2. The User warrants that the information provided is accurate, genuine and complete. They undertake to keep it up to date throughout the relationship.
10.3. A User may hold only one User Account, unless Prosperise expressly agrees otherwise.
Article 11 — Identity verification and anti-money laundering
11.1. In accordance with obligations relating to combating money laundering and terrorist financing, full activation of the User Account is subject to a KYC procedure.
11.2. The documents requested may include an identity document, proof of address, proof of the source of funds and any additional compliance information. These documents may be requested at account opening and at any time during the relationship.
11.3. Prosperise and the Partner Institutions may carry out ongoing checks on the Client’s identity, account activity, financial flows and, where applicable, the blockchain addresses used. They may refuse a request, suspend an account or block a transaction where a legal or regulatory obligation so requires.
11.4. The Client undertakes to respond as promptly as possible to any request for information or supporting documents. Failure to respond may result in access to the Services being restricted or suspended.
Article 12 — Territorial restrictions and sanctions
12.1. The Services are not intended for persons residing in a country where their provision would be contrary to applicable regulation. It is the User’s responsibility to check that they are permitted, under the law applicable to them, to use the Services.
12.2. No business relationship may be maintained with any person or entity that is subject to sanctions, appears on an applicable restrictions list or is identified as presenting an unacceptable risk.
Article 13 — Credentials and confidentiality
13.1. Login credentials are personal and confidential. The Client is solely responsible for keeping them safe and for their use.
13.2. The Client undertakes never to disclose their password, a verification code or a recovery phrase to a third party, including a person claiming to be a member of MyProsperise staff. MyProsperise never asks for this information by telephone, email or message.
13.3. In the event of loss, theft or suspected fraudulent use of their credentials, the Client must inform Prosperise without delay at support@myprosperise.app and, for a payment account or a card, follow the blocking procedure provided by the Partner Institution.
Article 14 — Strong authentication
14.1. Access to the User Account is protected by strong authentication mechanisms, including a verification code at sign-in.
14.2. Certain sensitive operations may require additional authentication. The Client accepts that these measures, intended for their protection, may lengthen the process for certain operations.
Article 15 — Technical environment
15.1. Access to the Platform requires a compatible device, an internet connection and, where applicable, an up-to-date version of the browser or operating system. Connection costs are borne by the User.
15.2. The User undertakes to protect their device by reasonable means (screen lock, security updates, protection against malicious software).
Title III — The Services
Article 16 — Presentation of the Services
The Services include, in particular:
- access to an account and payment management area, provided through Partner Institutions;
- MyProsperise Earn, a separate area dedicated to products linked to crypto-assets;
- MyProsperise Invest, an area for investing in ETFs and shares;
- services facilitating introductions for financing solutions;
- explanatory Assistants.
Each Service is governed by its Service Terms.
Article 17 — Accounts, cards and payments
17.1. The accounts, IBANs, cards and payment services accessible through the Platform are provided by a duly authorised Partner Institution, under the conditions described in the Specific Terms — Accounts, cards and payments and in the Partner Institution’s terms.
17.2. Prosperise provides the interface that makes it possible to view the account, initiate transactions and manage cards. The execution of payment transactions is the responsibility of the Partner Institution.
Article 18 — MyProsperise Earn
18.1. MyProsperise Earn is a service separate from the account and payment functions. It is governed by the MyProsperise Earn General Terms.
18.2. Crypto-assets are extremely volatile and carry a risk of total loss of the capital invested. The return targets shown are not guaranteed and may not be achieved. Earn products are not bank deposits and are not covered by any deposit guarantee scheme.
Article 19 — MyProsperise Invest (ETFs & Shares)
19.1. MyProsperise Invest enables eligible Clients, after individual activation, to view a catalogue of ETFs and shares, to place orders, to fund those orders, to monitor their positions and to analyse their portfolio. It is governed by the MyProsperise Invest Specific Terms.
19.2. Investing in ETFs and shares involves a risk of loss of capital. Prices can go down as well as up.
Article 20 — Facilitation of financing
20.1. MyProsperise may facilitate introductions to partners for financing solutions. The granting of credit, the APR, the total cost and the terms are the responsibility of the lending institution. A loan is a commitment to repay. The information presented is indicative.
20.2. The APR, the total cost and the terms are set out in the pre-contractual documents provided by the lending institution. Prosperise does not grant credit and takes no lending decision.
20.3. The User is invited to check their ability to repay before entering into any commitment. A financing application does not constitute acceptance.
Article 21 — Individual activation of areas
21.1. Operational access to the Earn and Invest areas is subject to a request by the User and to prior administrative approval. Activation is neither automatic nor a matter of right.
21.2. An activation may be suspended or revoked, in particular in the event of loss of verified KYC status, breach of the Service Terms or for a legitimate reason relating to security, compliance or the proper operation of the Service. Existing positions are then preserved and managed in accordance with the rules specific to the Service concerned.
Article 22 — Explanatory Assistants
22.1. The Assistants are information and explanation tools. They describe how the products work, the status of transactions and, on a read-only basis, the Client’s account information.
22.2. The assistant explains; it does not give investment advice. Buying and selling decisions are yours.
22.3. An Assistant cannot carry out any transaction: it does not place orders, does not subscribe to products, does not approve withdrawals and does not modify any data. In particular, it refuses to indicate what to buy, when to buy or sell, how much to invest or what allocation to adopt, and it makes no price or performance forecasts.
22.4. The figures presented by an Assistant come from the Platform’s data. In the event of any discrepancy, the information displayed in the area concerned and the contractual documentation prevail. The Assistants have no access to the proof-of-holding documents kept in the private area reserved for authorised teams.
Article 23 — Simulators and calculators
23.1. Indicative simulation. No guaranteed return. Past performance is not indicative of future results.
23.2. The Platform’s simulators and calculators constitute neither a personalised offer nor a commitment by Prosperise. The parameters applicable to a transaction are those presented in the summary of that transaction.
Article 24 — Notifications and communications
24.1. The Client agrees to receive communications relating to their Services electronically, in particular by notification in the App and by email, at the address they have provided.
24.2. The Client is notified of the key stages of their transactions (access requests, decisions, subscriptions, orders, executions, settlements, withdrawals, dividends, maturities), in accordance with the rules specific to each Service.
24.3. It is the Client’s responsibility to check their notifications regularly and to keep their email address up to date.
Article 25 — Transaction history
25.1. The Platform makes available to the Client a history of the transactions carried out through the Services, with their references and dated stages.
25.2. This history is for information purposes. For payment accounts, the Partner Institution’s statements are authoritative.
Title IV — Fundamental rules
Article 26 — No advice
26.1. No information, content, simulation or Assistant response constitutes investment advice, a personal recommendation or a solicitation to buy or sell.
26.2. The information published on myprosperise.app and in the MyProsperise app is purely informational and general in nature. It does not under any circumstances constitute a public offer of financial securities.
26.3. The display of an instrument, a product or a category constitutes neither an offer nor a recommendation. Rankings and presentation categories are purely descriptive.
26.4. The Client alone takes their investment decisions, according to their personal situation, objectives, time horizon and ability to bear losses. It is for the Client, if they consider it necessary, to consult an independent professional.
Article 27 — No guarantee of performance
27.1. All investments involve a risk of loss of capital, up to and including total loss. Past performance is not indicative of future results. No performance is guaranteed.
27.2. No employee, partner or representative of MyProsperise is authorised to promise or guarantee future performance.
Article 28 — Risks
The User acknowledges, in particular, that:
- investments involve a risk of loss of capital;
- crypto-assets are extremely volatile;
- past performance is not indicative of future results;
- accounts and IBANs are provided by Partner Institutions;
- crypto-asset transactions carry specific risks, in particular address errors and the irreversibility of transactions;
- exchange rate movements may affect the value of an investment denominated in another currency;
- IT systems, service providers and processes may experience interruptions, errors or incidents.
The risks specific to each Service are detailed in its Service Terms.
Article 29 — Market data and information on instruments
29.1. The prices displayed in the App are delayed closing prices, dated and sourced. They are not real-time prices. The execution price of an order may differ from the last price displayed.
29.2. Information on instruments comes from sources that Prosperise considers reliable. It is presented with its date and does not constitute a guarantee of its accuracy at all times.
Article 30 — Fees
30.1. The fees applicable to each Service are set out in the Service Terms, in the fee schedule and in the summary of each transaction, before it is confirmed.
30.2. Third-party fees may apply (blockchain network fees, currency conversion fees, execution or settlement fees, fees embedded in instruments). They are indicated before confirmation where they are known.
Article 31 — Tax
31.1. Transactions carried out through the Services may give rise to tax obligations for the Client, depending on their tax residence and personal situation.
31.2. Prosperise makes a detailed transaction history available. It is for the Client to determine and discharge their tax obligations. No information published on the Platform constitutes tax advice.
Title V — Obligations of the User
Article 32 — General obligations
The User undertakes to:
- use the Platform in accordance with its intended purpose, the GTU, the Service Terms and the law;
- provide accurate information and keep it up to date;
- check carefully the details of each transaction before confirming it, in particular the amount, the network and the address when making a crypto-asset transfer;
- read the pre-contractual information and risk warnings before any subscription;
- check their area and notifications regularly.
Article 33 — Prohibited uses
It is strictly prohibited:
- to use the Services for the purposes of money laundering, terrorist financing, fraud or sanctions evasion;
- to attempt to circumvent security measures, to access other users’ data or to disrupt the operation of the Platform;
- to use automated processes (bots, data scraping) without written authorisation;
- to resell, sublet or transfer access to one’s User Account;
- to use the Platform to disseminate unlawful or misleading content.
Article 34 — Accuracy of information and changes in circumstances
34.1. The Client informs Prosperise without delay of any change concerning their identity, address, tax residence, financial situation or any matter likely to affect eligibility for the Services.
34.2. Prosperise cannot be held responsible for the consequences of information that is inaccurate, incomplete or not kept up to date.
Article 35 — Reporting incidents
35.1. The Client reports without delay any transaction they have not authorised, any anomaly, any suspected fraud or any phishing attempt to support@myprosperise.app.
35.2. In the event of an error when making a crypto-asset transfer, the Client promptly contacts support, stating the transaction reference and the transaction hash. As blockchain transactions are irreversible, their recovery cannot be guaranteed.
Title VI — Liability
Article 36 — Obligations of Prosperise
36.1. Prosperise uses reasonable means to ensure the proper operation of the Platform, the security of data and the quality of information.
36.2. Prosperise is bound by an obligation of means (best endeavours). It does not guarantee the absence of interruption, the execution of orders at specified prices or within specified timeframes, or the performance of products.
Article 37 — Limitations of liability
37.1. To the extent permitted by law, Prosperise cannot be held liable for:
- losses resulting from market fluctuations, the volatility of crypto-assets or liquidity conditions;
- investment decisions taken by the Client;
- errors by the Client, in particular regarding the transfer address or network;
- the temporary unavailability of the Platform for maintenance or security reasons or for reasons beyond its control;
- acts of third parties, in particular issuers, markets, blockchain networks or external service providers.
37.2. No provision of the GTU has the effect of excluding or limiting any liability that cannot be excluded or limited under applicable law.
Article 38 — Liability of Partner Institutions
38.1. Each Partner Institution is liable, under the conditions of its own contractual documents, for the services it provides in its own name, in particular account keeping, the execution of payment transactions and the granting of credit.
38.2. Prosperise does not guarantee the continuity of payment services in the event of the failure of a Partner Institution.
Article 39 — Force majeure
Prosperise cannot be held liable for any failure or delay in performing its obligations resulting from an event of force majeure or an event beyond its control, in particular an infrastructure failure, a cyberattack, a blockchain network failure, a decision of an authority, a market suspension or the failure of a service provider.
Article 40 — Business continuity
In the event of an IT incident, an attack, an infrastructure failure or an exceptional event, Prosperise implements its continuity procedures in order to ensure the preservation of data and the continuity of essential operations.
Title VII — Duration and termination of the relationship
Article 41 — Duration
The GTU apply for an indefinite period from their acceptance until the closure of the User Account.
Article 42 — Suspension
42.1. Prosperise may suspend all or part of the access to the Platform or to a Service, with or without notice depending on the urgency, in particular in the event of suspected fraud, a security risk, a breach of the GTU, a request from an authority or a legal obligation.
42.2. A suspension blocks new transactions. Existing positions are preserved and managed in accordance with the rules specific to the Service concerned.
Article 43 — Termination by the Client
The Client may request the closure of their User Account at any time by contacting support@myprosperise.app. The closure of a payment account is subject to the Partner Institution’s terms. Ongoing positions and products are handled in accordance with their Service Terms, in particular as regards Earn commitment periods and the sale of Invest positions.
Article 44 — Termination by Prosperise
Prosperise may terminate the relationship on reasonable notice, or without notice in the event of a serious breach, fraud, a legal obligation or a decision of an authority.
Article 45 — Consequences of the end of the relationship
At the end of the relationship, access to the Services ceases. The sums and assets due to the Client are returned to them in accordance with the arrangements provided for by the Service Terms and by the Partner Institution concerned, after ongoing transactions have been unwound and subject to legal obligations. Data is retained for the periods required by regulation.
Title VIII — Miscellaneous provisions
Article 46 — Personal data
Prosperise processes Users’ personal data in accordance with the Privacy Policy, the GDPR and, where applicable, the UK GDPR. Proof-of-holding documents are kept in a private area reserved for authorised teams; no artificial intelligence assistant has access to it.
Article 47 — Intellectual property
The Platform and all its elements are the exclusive property of Prosperise Capital LLP or its licensors. The User is granted a personal, non-exclusive and non-transferable right of use, limited to use of the Services. Any other use is prohibited.
Article 48 — Evidence and archiving
The Platform’s electronic records, kept under reasonable security conditions, constitute evidence of the Client’s acceptances, instructions and transactions, unless proven otherwise. Timestamps are recorded in Coordinated Universal Time (UTC) where the Service Terms so provide.
Article 49 — Complaints
49.1. Any complaint may be sent to support@myprosperise.app, stating the Client’s identity, the Service concerned and the transaction reference.
49.2. Prosperise acknowledges receipt of the complaint and responds within a reasonable time. Complaints relating to a payment account or to credit also follow the procedure of the Partner Institution concerned.
Article 50 — Governing law and jurisdiction
These GTU are governed by English law. The courts of London have jurisdiction, subject to applicable mandatory provisions, in particular consumer protection rules.
Article 51 — Final provisions
51.1. If any provision of the GTU is declared void or unenforceable, the remaining provisions shall remain in force.
51.2. Failure by Prosperise to rely on a breach does not constitute a waiver of its right to rely on it subsequently.
51.3. The Client may not assign their rights and obligations without the prior consent of Prosperise. Prosperise may assign the contract to an entity taking over all or part of its business, provided that it informs the Client.
Article 52 — Contact
For any question relating to the GTU: Prosperise Capital LLP, 2 Allen Street, Suite 2.1, London W8 6BH, United Kingdom — support@myprosperise.app.
Investing involves a risk of loss of capital. Past performance is not indicative of future results. Nothing on this site constitutes investment advice.