Terms and Conditions

This document was automatically translated from French.
In the event of any discrepancies between the translated version and the original French version, the French version shall prevail.

Last updated: September 18, 2025

Preamble

We have developed the WeWard mobile application to encourage Users to favor walking for their daily travel, for health and environmental reasons.
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The Application allows the earning of points (the "Wards") awarded based on actions or features promoted within the Application. For example, a User may be awarded Wards according to the number of steps taken or on the occasion of bonus actions within the Application.
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Wards can be used to unlock the Rewards displayed within the Application, under the conditions described in Article 7 of these T&Cs.

PLEASE READ THESE TERMS AND CONDITIONS (“T&Cs”) CAREFULLY

The website www.wewardapp.com, its subdomains (collectively, the “Site”) and the WeWard mobile application (“the Application”) are published by WEWARD, a simplified joint-stock company with share capital of €1,203.32, having its registered office at 111 Avenue Victor Hugo, Paris (75016), registered with the Paris Trade and Companies Register under number 85361417000035 ("WeWard" or "we").

These T&Cs define your conditions of access to and use of the Site and the Application. For the purposes of these T&Cs, all capitalized terms have the meaning assigned to them.

Information for US users:

Please note that Article 19 (Arbitration Agreement) of the T&Cs below contains provisions governing how disputes between you and us will be resolved. In particular, it contains an arbitration agreement that, except for limited exceptions, requires disputes to be submitted to binding and final arbitration.

Unless you opt out of this arbitration agreement:

1. You will be permitted to bring a claim against us only on an individual basis, and not as a plaintiff or class member in any class, representative, or consolidated action;

2. You waive your right to a court trial and to a jury trial.

Certain features, such as the purchase of Virtual Products, Premium Status, or E-vouchers, are subject to our Terms of Sale (ToS), available via this link. Use of these services implies prior acceptance of those Terms of Sale.

Article 1 - Definitions

Application: refers to the WeWard mobile application, available on iOS and Android.

E-vouchers: refers to gift cards, available on the gift page of the Application, which can be purchased and used at a selection of external partners.

Community: refers to a group of Users gathered around a cause or project defined in advance by the administrator of the Community.
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Wards balance: refers to the balance of Wards associated with the User Account.

Account or User Account: refers to the personal space reserved for the User on the Application, which they access by registering and logging into the Application, after having accepted the T&Cs.

Suppliers: refers to WeWard partners offering products for sale on the WeWard Application.

Products: refers to all products offered for sale either directly by WeWard or by Suppliers on the Application.

Virtual Products: types of WeWard Products that refer to virtual items, E-vouchers, or privileges on WeWard.

Reward(s): refers to all possibilities offered to the User in exchange for the use of Wards, for example gift cards, virtual items, cash prizes, discount vouchers on items, support for humanitarian or ecological projects, goods or services available in the Application.

Service(s): refers to all services provided by WeWard through the Website and the Application.

Premium Status: refers to a particular status that the User can purchase or obtain by exchanging Wards to access exclusive benefits.

Site or Website: refers to the website www.wewardapp.com

User: refers to any natural person registered on the Application, holder of an Account.
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Visitor: refers to any person visiting the Services but who is not a User.

Wards: refers to the points accumulated and usable only within the Application, allowing in particular the unlocking of Rewards displayed in the Application.

Article 2 - Registration and Account Creation

2.1 - Registration conditions

By accessing the Services, you represent and warrant that:

• You have the legal capacity to create an account on our platform;
• You are of the legal age required to use the Services, in accordance with the laws applicable in your country of residence. In particular, if you reside in a country of the European Economic Area, you must be at least 16 years old (or the minimum age allowed by your national law, if lower — 15 years old in France, for example) to provide independent consent for the processing of your personal data. We reserve the right to request any document that may justify the identity and age of the person behind the Account;
• All information you provide during registration is accurate, complete and up to date;
• You are not subject to a prohibition on accessing the Services under the laws of your country of residence or any other applicable jurisdiction.

Registration to the Application is free and does not create any purchase obligation or any financial consideration from the User towards WeWard.

When creating the Account, the User represents that they have read and accept the entirety of these T&Cs.

When registering on the Application, the User also acknowledges our Privacy Policy, incorporated by reference into these T&Cs.

2.2 - Account creation

Use of the Application is free. To create an Account, you must complete the registration form accessible from the Application.

You may also create an Account using a third-party service such as Facebook, Apple, or Google. In this case, creating the Account requires that you authorize the sharing of certain profile data by the relevant third-party service. You may then, where applicable, complete any missing information. In such a case, the User must authorize WeWard to use the data transmitted by the third-party service. For more information about the data we collect from you and how we use it, please consult our Privacy Policy.

You agree to provide a valid email address that you own and you represent and warrant that the information provided is accurate and complete.

If you access the Services via a third-party provider (as part of the Services or the mobile Application), you may link your Account to your third-party account by authorizing WeWard to access it, in accordance with the terms of the relevant third-party provider.

You represent that you are legally authorized to grant such access, without breaching the third-party provider’s terms of use or causing financial liability to WeWard or imposing usage restrictions on it.

By authorizing WeWard to access your third-party accounts, you understand that WeWard may access the data necessary for your registration, in accordance with the Privacy Policy. Depending on your privacy settings in your third-party accounts, personally identifiable data may become visible through the Services.

Unless otherwise indicated, any third-party content imported via these third-party accounts will be treated as your own content.

If a third-party account or its service becomes unavailable, or if WeWard’s access is revoked by the third-party provider, the associated content will no longer be accessible through the Services.

You may disable the connection between your third-party accounts and the Services by following the third-party provider’s procedure.

Important: Your relationship with third-party providers is governed exclusively by the agreements you entered into with them, and WeWard disclaims any responsibility regarding personal data that may be transmitted to it in violation of the privacy settings you have defined.

WeWard performs no verification of third-party content, notably with respect to its accuracy, legality or respect for intellectual property rights, and assumes no liability in that regard.

Article 3 - Acceptance of the T&Cs

3.1 - Acceptance

At the time of Account creation, the User is free to check the box "I accept the terms and conditions of use and I certify that I am of the legal age required to use the Services".

Acceptance by checking this box constitutes proof that the User has read our T&Cs via the Application and expresses unconditional adherence.

IF YOU DO NOT ACCEPT ALL THE TERMS OF THE T&Cs AND DO NOT WISH TO BE BOUND BY THEM, PLEASE REFRAIN FROM USING OUR SERVICES AND DELETE YOUR ACCOUNT WHERE APPLICABLE.

Specific conditions may apply or be added during the use of certain Services in accordance with the conditions set out in Article 3.3. Those documents will be incorporated into these T&Cs.

3.2 - Enforceability

These T&Cs come into force on the date they are posted and are enforceable:

• upon acceptance by the User, when registering on the Application, for the entire duration of use of the Services; or
• 30 days after their communication to Users, when new T&Cs replace them;
• on the day they are posted, in the case of simple updates to the T&Cs concerning non-substantial elements.

Subject to these timeframes, the T&Cs posted on the Application prevail over any prior dated version and supersede any earlier T&Cs. The User may at any time stop using the Services and delete their Account, but remains bound by any prior use.

3.3 - Changes

We reserve the right, at our sole discretion, at any time and without notice, to adapt or modify these T&Cs. In the event of modification, we will publish the updated version of the T&Cs on the Site by updating the “Last updated” date at the top of this document.

We may do so for various reasons, including to reflect non-substantial changes or changes required by law, as a result of new features or changes in business practices.

If modifications are substantial, we will notify Users via the Site and will make efforts to notify you by email at the address provided during your registration.

A User who does not wish to accept the modified T&Cs must delete their account and stop using the Services.

Any use of the Application and/or Services after the enforceability period (Article 3.2) constitutes acceptance. You are therefore encouraged to regularly review the T&Cs to become aware of the currently applicable version.

You acknowledge that our continued provision of the Services is sufficient consideration for your acceptance of modifications to the T&Cs.

Article 4 - Conditions of Access to the Services

Access to our Services requires having an Account on the Application.

The Application can be downloaded for free from Apple’s App Store and the Google Play Store.

Access to the Application is free (excluding connection costs and telecommunication fees payable by the User).

Our Services are designed to motivate Users' physical efforts and daily activities in a playful and interactive framework. Under no circumstances should our Services be considered as providing a source of income, or as professional income.
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Access to our Services is only permitted for strictly personal and private use. WeWard is in no case responsible for any procedures that may be applicable to the obtaining and/or receipt of Rewards (declarations, taxation, duties, etc.). Consequently, the User is prohibited from using the Application in a professional, commercial context or for the benefit of an activity competing with WeWard. Any violation of this provision may result in Account closure.

The User is informed that, to benefit from certain Services available in the Application, they are invited to accept sharing their geolocation and/or the tracking of their physical activity through native sensors on their smartphone or connected devices. Failing that, the User may not be awarded Wards, particularly for those that require counting steps or tracking visits to recommended locations. For more information about the data we collect from you and how we use it, please consult our Privacy Policy.

We reserve the right, without notice, notification or compensation, to temporarily or permanently close all or part of the Application or remote access to the Services, notably to perform updates, maintenance, modifications or changes to operational methods, servers or availability periods. In the event of an unplanned interruption due to an anomaly, we will use reasonable efforts to restore accessibility and the proper functioning of the Application.

The Services are subject to evolution. Consequently, we may ask you to:

• accept updates to the Services you have installed on your computer or mobile device;
• update third-party software to continue using the Services.

Article 5 - Obligations of the User

The User agrees to use the Application and the Services only under the conditions defined herein.

The User specifically agrees to:

• not use the Application or the Services for professional, commercial or lucrative purposes;
• not provide WeWard (notably during Account creation or update) with false, misleading, untruthful or fraudulent information;
• not open more than one Account on the Application and not open an Account on behalf of a third party;
• not use another User's Account, share an Account with another User or manage multiple User Accounts;
• not publish referral codes on a review publishing site, for example Apple Store, Google Play or Trustpilot;
• not use the Services for harmful or malicious purposes, for example by hacking or inserting malicious code, including viruses, or harmful data, into the Application or the Website;
• not interfere with the proper functioning of the Services;
• not attempt to bypass Service mechanisms in order to improperly obtain Wards or Rewards;
• not infringe upon the rights and image of WeWard;
• not use the Services to generally harm WeWard;
• not use the Services for illegal purposes or purposes prohibited by these T&Cs;
• not make available on the Site or the Application unauthorized communications (unsolicited advertising, mass mailings of spam, junk mail or any other intrusive electronic communication).

Any breach of these commitments constitutes a serious breach of the User's contractual obligations under these T&Cs.

It is the User's responsibility to ensure that their IT and transmission means are in good working order and up to date in order to benefit from the features of the Services and the Application.

The User is responsible for preserving, using and keeping the confidentiality of their login details and password.

The User agrees to notify WeWard without delay of any disclosure to third parties or theft or compromise of their password.

The User further acknowledges being solely responsible for complying with all laws, regulations and obligations applicable to their use of the Application and the Services.

Article 6 - Account Suspension, Access Limitation and Termination

We reserve the right to refuse access to all or part of the Service to any User who does not comply with these T&Cs.

We reserve the right to refuse and/or cancel a username/suspend the Account, at our sole discretion, in cases of fraud. The User will be informed.

We reserve the right to refuse or remove any username, at our sole discretion, if it is considered vulgar, degrading, obscene, illegal or impersonating a person other than the registered User. We also reserve the right to reassign any username, notably in the event of a third-party claim of infringement of their rights.

In the event of a breach by the User of these T&Cs, notably the obligations detailed in Article 5, or if we have legitimate reasons to believe that this is necessary to protect our security, integrity, that of other Users or third parties, or for fraud prevention purposes, we reserve the right, in particular, to:

• terminate our contractual relationship with the User immediately and without notice in accordance with Article 14;
• limit your access to and use of the Application and the Services;
• temporarily suspend your Account;
• permanently close your Account.

When necessary, the User will be notified of the implementation of such measures and may submit comments. Comments must be sent according to the procedures set out in Article 17 "Contact." WeWard will decide, at its sole discretion, whether to lift the measures implemented or not.
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Measures implemented will apply without prejudice to any damages that may be claimed from the User as compensation for losses incurred due to a breach of the T&Cs.

Article 7 - The Wards

The most frequently asked questions from our users are regularly answered by our teams and are available in our FAQ.

7.1 - Awarding of Wards

Creating an Account automatically enrolls you in the Wards awarding program. Wards correspond to points usable only within the Application that allow, among other things, unlocking Rewards. Wards are neither monetary equivalents, virtual tokens, nor a form of virtual currency and have no monetary value. The number of Wards associated with the User Account is displayed in the Account balance (the "Wards balance").

Users are awarded Wards by performing actions promoted in the Application (validating daily walking, completing quests, participating in contests, surveys, events and/or any functionality set up for this purpose) and in particular:

• through validated and verified physical movement (for example, steps);
• when visiting geographic locations listed in the WeWard Application;
• by completing quests (such as downloading a mobile app, subscribing to a service, etc.);
• by responding to surveys;
• through specific actions on a bonus page (where applicable, the terms will be specified in the Application);
• by purchasing on a partner website after using the corresponding URL link;
• by purchasing on a partner website after installing the extension and updating the link;
• by referring a third party who opens a User Account.

The number of Wards awarded based on actions or challenges will be specified in the Application. This number may be subject to daily, weekly or monthly limits as well as validation criteria that may involve a certain delay in awarding Wards. The number of Wards awarded for an action or challenge may evolve; the awarding conditions will be detailed in the Application.

The awarding of Wards through certain features available in the application may be subject to chance without purchase or financial sacrifice (promotional sweepstakes). In the event of a win, the corresponding number of Wards will be credited to the Wards balance. The features concerned and the conditions applicable to these sweepstakes will be detailed in the Application.

The awarding of Wards through certain features available in the Application may require the purchase of a good or service provided by a third party on one of WeWard's partner sites. The number of Wards awarded in this manner, the awarding and verification methods will be specified in the Application. The number of Wards may vary depending on Users or the products or services purchased, and may change over time. If applicable, Wards will be credited to the Wards balance and thus usable when the partner site has informed WeWard of the completion of the promoted action (visit, purchase, subscription, participation in events, etc.). The User is informed that Wards that were awarded may subsequently be removed from the Wards balance for various reasons such as:

• After making a purchase, the User returned all or part of the products concerned by the purchase;
• To access the partner site, the User used one or more computer systems not connected to WeWard’s Services;
• The products purchased or services subscribed to are not eligible for the promotion.

A User may be awarded Wards by referring other users, by participating in the Application’s referral program. The terms and conditions of referral awarding and the maximum number of Wards to be awarded under the referral program may evolve and the terms will be detailed in the Application. We reserve the right to end the referral program and to deactivate a referral code, notably if it appears on a review site.
We reserve the absolute right and discretion to determine and modify from time to time the physical movements eligible for Wards, the movement verification algorithms and the quantities of verified movements that Users must perform to be awarded Wards through the Application. For example, we may change the step verification algorithm as well as the number of steps required to generate Wards.

The User is informed and acknowledges that the collection and transmission of data from mobile devices or transmitted by partners in the context of purchases, quests or surveys, and more generally through any transmission of information over communication networks such as the internet, is subject to technical constraints resulting from technologies outside WeWard’s control. Despite the care WeWard takes in verifying data, inaccuracies or the absence of data received cannot engage WeWard’s liability. Thus, WeWard cannot be held responsible for possible errors, interruptions, lack of availability or inaccuracies of information. WeWard also reserves the right to amend the Wards awarded to a User retroactively when an error or fraud has been committed.

7.2 - The Wards balance

The number of Wards associated with the User Account is displayed in the Wards balance.

The Wards balance is neither a bank account nor any payment instrument or service. It functions as a points program allowing the obtaining of Rewards.

The Wards balance cannot be refunded in cash, exchanged, or converted into any monetary equivalent.

Wards must be obtained and used in accordance with these T&Cs. WeWard has the final authority to decide whether a feature allows obtaining Wards. Wards will not be granted and may be withdrawn at WeWard's discretion, notably in cases of suspected fraudulent use of all or part of the Services.

We may modify or impose different limits on the Wards balance and its use at any time. In the event of a modification, you will be informed. Continued use of your Account after the enforceability date (Article 3.2 of the T&Cs) of the modifications will constitute your acceptance of all such modifications. IF YOU DO NOT ACCEPT THESE CHANGES, PLEASE STOP USING OUR SERVICES. In that case, WeWard will not be obliged to refund, exchange or provide any monetary compensation for Wards remaining in your Wards balance.

Any sale and/or exchange of Wards inside or outside the Application and/or the Services is strictly prohibited.

7.3 - Rewards

Depending on the number of Wards available in the Wards balance, the User may unlock the Rewards displayed in the Application. Rewards may include Virtual Products, support for volunteer or humanitarian or ecological projects, participation in limited-time operations, issuance of E-vouchers, partner discount codes, discounts on certain items or cash prizes and/or the provision of a good or service.

Access to a Reward requires holding a specified number of Wards displayed in the Application. Except where expressly provided and displayed in the Application, the User cannot obtain the displayed Reward if they do not have a sufficient number of Wards corresponding to it.

To obtain a Reward, the User must follow the instructions in the “Rewards” section of the Application. The selection and use of Rewards are the User’s sole responsibility.

The Application allows the obtaining of Rewards as part of operations requiring the use of all or part of the Wards balance. The nature of the Rewards (virtual item, E-voucher, partner discount code, cash prize, good or service) is specified in the Application. Some options for using the Wards balance may require using Wards during a limited period and subject to the maximum number of participants and/or quantities displayed in the Application. Access terms (start date and time, duration, number of admitted participants, quantities, etc.) will be detailed in the Application. In the event of a successful use of the Wards balance to obtain the displayed Rewards, the User will be immediately informed of the effective use of the balance and of the allocation or shipment of the Reward. Depending on the Reward, participation in certain operations may be reserved to adults. WeWard reserves the right to verify the User's age.
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Cash prize Rewards. To access Rewards available in the form of cash prizes, it is necessary to provide WeWard with a bank account or the details of a payment service such as PayPal. The User may also be required to verify their identity before receiving these prizes. If the User refuses to provide the information necessary for such verification, the Reward may be canceled. WeWard reserves the right to carry out any checks it deems useful regarding the User’s identity and/or age. WeWard shall not be liable if the information provided is incorrect, does not correspond to the User, or if, for any other technical reason, the cash prize cannot be properly delivered. The User is aware and accepts that it is not WeWard’s responsibility to verify the accuracy of the information transmitted. Furthermore, all banking fees, including those related to receiving a cash prize, will be borne entirely by the User.

Advertising sweepstakes. Unlocking certain Rewards available in the Application may be subject to the use of all or part of the Wards balance as well as an element of chance without financial sacrifice. In the event of a win, the User will be informed of the win and of the allocation of the Reward or the terms of shipment or delivery of the Reward. Note: Participation in certain of these operations and/or the allocation of certain Rewards may be reserved to adults. For more information, please refer to the participation conditions of the relevant sweepstake, accessible from the Application or in the dissemination support concerned. WeWard reserves the right to verify the age of the User to whom the prize is to be attributed.

Participation in Communities. The Application allows you to join Communities. As a User, in certain Communities you may choose to “walk for” that Community, meaning to allocate all or part of your Wards generated by your walking activity to a cause or project supported by the administrator of the Community you join. These Communities are run by other Users of the Application.

Allocating Wards by a User does not constitute a donation but is akin to participation in the Community.

We invite you to consult Community descriptions in the Application for more information. If a Community administrator fails to meet their commitments, WeWard reserves the right to suspend the allocation of Wards pending investigation without WeWard being held liable.

Volunteer or charity projects. The Application allows Users to support volunteer or charity projects by allocating all or part of their Wards to a dedicated pool. These projects are run by third-party partners (associations, foundations, etc.), selected by WeWard and presented within the Application.

Allocating Wards by a User does not constitute a donation but is akin to a vote guiding WeWard in choosing the projects to fund. Once the funding target is reached, WeWard will finance the project by transferring the planned amount to the partner concerned, and Users will be informed. No management or promotion fee is charged to the partner.

We invite you to consult the project descriptions in the Application for more information. In the event a partner fails to meet its commitments, WeWard reserves the right to allocate funds to another initiative without being held liable.

For all Rewards. The unlocked Reward will be granted as is. It cannot be refunded in cash, exchanged, or converted into a monetary equivalent or compensation for amounts that may be owed by the User to WeWard.

The User acknowledges that WeWard assumes no responsibility for features, products, services or other benefits offered in the “Rewards” section that are manufactured or provided by third-party partners. The User acknowledges that WeWard does not guarantee the quality, proper functioning or safety of goods, services or other benefits offered in the Application. The User acknowledges that WeWard assumes no obligation for returns, exchanges or refunds related to Rewards available in the Application.

Rewards available in the Application may be modified or removed at any time by WeWard, without justification and without WeWard being held liable.

In the event of unavailability and/or withdrawal of a Reward previously unlocked by the User, WeWard reserves the right to recredit the User with the Wards spent or to replace it with another Reward of equivalent value and characteristics, without WeWard being held liable.

The number of Wards required to obtain a reward may vary depending on various factors. We reserve the right to adjust these amounts at any time, notably as part of testing, economic adjustments or temporary promotions. As a result, some users may see different Wards requirements for the same reward.

7.4 - Virtual Products

The Application offers experiences allowing you to collect virtual items or advantages, including via augmented reality experiences.
The methods for obtaining Virtual Products are detailed in the Application and in the FAQ.

Once acquired, Virtual Products may sometimes be exchanged, gifted or converted into Wards only within the platform. Transactions such as exchanges are irreversible. You carry out any such transaction at your own risk, and WeWard is not responsible for losses or disputes that may arise. Virtual Products cannot be exchanged for Rewards.

WeWard may at any time limit the use, number, exchange or collection of Virtual Products at its sole discretion.

“Collections” are defined sets of Virtual Products such as WeCards, determined by WeWard. When a Collection is completed, the User may be offered a random advantage or prize, according to the terms set by WeWard.

Virtual Products can be obtained in different ways, notably:

• By taking a certain number of steps;
• By completing a challenge;
• By going to a specific GPS point to collect the Virtual Product;
• By watching an advertisement;
• By spending a certain number of Wards;
• By making an in-app purchase via third-party payment providers such as Apple and Google.

The purchase of any Virtual Product constitutes only the acquisition of a personal, limited, non-commercial and revocable license to use the Virtual Product exclusively within the Services, for as long as we provide those Services. This purchase does not confer any ownership right to the User over the Virtual Product (the “License”). The User acknowledges that they do not acquire any ownership right over Virtual Products. The Products have no real or virtual monetary value.
The License is personal and may not be sold, transferred, assigned, gifted, exchanged, sublicensed or otherwise transferred to any third party outside the Services. Consequently, we expressly prohibit and do not recognize as legitimate any sale, transfer, assignment, gift, exchange, sublicense or any other form of transaction involving Virtual Products not authorized by WeWard, whether for real money, goods, credits or any other type of exchange value. Any attempt at such sale, transfer or exchange is prohibited, null and constitutes a breach of these T&Cs. This may result in the cancellation of the Virtual Products concerned, termination of the User’s WeWard account, and possible legal proceedings.

IF YOU DO NOT ACCEPT THESE RULES, YOU MUST NOT COLLECT VIRTUAL PRODUCTS THROUGH OUR SERVICES.

7.5 - E-vouchers

The User has the possibility to purchase E-vouchers in the Application and thus be awarded Wards per euro spent. The number of Wards awarded will be specified in the Application for each partner. This number may be subject to daily, weekly or monthly limits. The number of Wards awarded and the awarding conditions may evolve and will be detailed in the Application.

The eligibility conditions for these E-vouchers (partner e-commerce site, list of partner stores, list of eligible products) will be specified in the Application.

In the event of a displayed erroneous price, manifestly derisory (grossly insufficient price), for any reason (software bug, manual error, technical error), the order — even if validated by us — may be canceled and the Wards removed from the User’s balance.

E-vouchers cannot be exchanged or refunded (total or partial) because usage information is sent by email and received immediately.

Purchases of E-vouchers are subject to the Application’s Terms of Sale. IF YOU DO NOT ACCEPT THE T&Cs AND THE TERMS OF SALE, YOU MUST NOT USE E-VOUCHERS.

7.6 - Account suspension or deletion related to the use of Wards

Under all circumstances, the User must behave fairly in the participation in and use of Wards.

The User agrees not to deliberately send false data to WeWard, such as falsified GPS coordinates or incorrect physical activity. The User agrees not to call on third parties to generate Wards on their behalf.

The User agrees not to attempt to find workarounds to accumulate Wards such as:

• Artificially simulating steps (swingers, software, etc.);
• Artificially simulating geolocation points;
• Sending computer requests to falsify physical activity or purchase data;
• Falsifying referrals.

In the event of deletion or termination of your Account, you automatically lose all Wards in your Wards balance.
We reserve the right to stop the Wards program or modify it at any time, without compensation, subject to informing Users.

Article 8 - Premium and In-app Purchases

The User may obtain a Premium Status within the Application. This status allows access to exclusive benefits, such as Virtual Products or additional Wards. Details regarding the content and conditions of the Premium Status are available on the User’s profile page and in the FAQ.

8.1 Obtaining Premium Status

Premium Status can be obtained in two ways:

• By subscription, using the payment services of Apple or Google Play, in accordance with the Terms of Sale;
• By completing specific actions on the Application, allowing the accumulation of qualifying Wards. The amount of qualifying Wards required and the conditions of obtaining the status are specified in the Application and in the FAQ and may be changed at any time.

A registered User obtaining Premium Status may become eligible for exclusive Rewards.

8.2 Payment

All financial transactions, excluding E-vouchers, are processed by third-party providers (Apple and Google), in accordance with their terms of use, privacy policy and/or any other applicable payment terms.

We encourage you to consult their terms of use, notably:

• Apple’s standard end user license agreement: https://www.apple.com/fr/legal/internet-services/itunes/dev/stdeula/
• Google Play terms of use: https://play.google.com/about/play-terms/

Under no circumstances can WeWard be held responsible for the actions or omissions of a third-party payment provider, including but not limited to service interruptions, system failures or any other malfunction of the payment service.

WeWard reserves the right to modify or remove Virtual Products at any time, with or without notice. WeWard may change the prices of Virtual Products or the Premium subscription at its sole discretion and may add new products requiring additional payments.

Outside the features expressly provided in the Application, the User may not sell, exchange or transfer Virtual Products.

All payments are non-refundable. In case of cancellation of your subscription, the benefits of Premium Status will remain active until the end of the current billing period.

We may test different pricing models or promotional offers from time to time, whether for premium subscriptions or in-app purchases. These price variations may be based on the data we collect or carried out as part of testing. As a result, some Users may see different prices for the same service depending on various factors.

8.3 Automatic renewal

The Premium subscription is automatically renewed until canceled. The User may modify or cancel their subscription at any time by accessing their account settings on the App Store or Google Play Store.

8.4 Free trial

If WeWard offers a free trial, the User may cancel it before the end of the trial period to avoid any charges. After this period, the subscription will be automatically renewed under the defined conditions.

8.5 Suspension and termination of Premium Status

WeWard reserves the right to suspend, disable or terminate Premium Status in case of suspected fraud or violation of the terms of use. If Premium Status was obtained through a paid subscription, suspension or termination will stop future payments.

8.6 User payment responsibilities

The User agrees to pay all fees and taxes applicable to their subscription, including those incurred by any person using a WeWard account registered in their name. All taxes applicable to these transactions are the User’s exclusive responsibility.

WeWard reserves the right to modify prices applicable to goods, services or subscriptions offered at any time, subject to applicable legal provisions.

The User guarantees that all information provided during a purchase or transaction is accurate, complete and up to date.

The User acknowledges that they are solely responsible for all payments made via their account, including in the case of unauthorized use, except in the case of proven fault by WeWard. It is their responsibility to secure access to their payment methods and personal account.

Article 9 - Intellectual Property

The Application, trademarks, logos and any other distinctive sign of WeWard and/or its partners, as well as any software used in providing the Service, and the content of the Application (that is, any text, video, photograph or any other information in any format and of any kind appearing on the Application) are the exclusive property of WeWard and/or its partners, and/or third parties and may be protected by copyright, trademark, patent or any other intellectual property right. These T&Cs do not transfer any ownership rights of any kind to the User.

Notwithstanding any contrary provision, you acknowledge and agree that you do not have any ownership rights over the Application, including administration of your Account. All rights related to the Application remain the exclusive property of WeWard at all times.

Accordingly, it is prohibited to copy, modify, reproduce, distribute, publish, embed on any medium, adapt, transfer or assign, license, sublicense, pledge, transmit in any other manner the elements of the Application or to perform reverse engineering or use any other method to attempt to access source code and/or protocols of the Application, without the express authorization of WeWard or the rights holder.

The User agrees to:

• not infringe intellectual property rights or those of third parties in relation to the use of the Application or the Website;
• not transmit any defamatory, explicit, offensive or otherwise objectionable content on the Application or the Website;
• not grant a sublicense, nor sell, rent, lend, transfer, assign, reproduce, distribute, host, commercially exploit any part of the Services;
• not use the Application or the Website in a way that could damage, disable, overload or compromise our systems or security or interfere with other Users;
• not use any technology that interferes in any way with the proper functioning of the Application or the Website, including by blocking any advertising or promotion displayed on it;
• not collect or harvest information or data from the Application or the Website for commercial purposes, unless otherwise agreed in writing by WeWard;
• not use framing techniques to enclose a brand, logo or any other part of the Services (including images, text, layout or structure);
• not use meta-tags or invisible text using the name WeWard or its trademarks;
• not modify, translate, adapt, merge, create derivative works from the Services, nor disassemble, decompile or reverse engineer, except where such restrictions are expressly prohibited by applicable law;
• not use automated or manual software or tools (including robots, scrapers, spiders, crawlers, avatars, data mining tools, etc.) to extract or download data from the Services — except for public search engines, which have a revocable authorization to index Site pages only to the extent necessary to create public search indices, without creating a cache or archive;
• unless expressly indicated otherwise, not copy, reproduce, distribute, republish, upload, display or transmit any part of the Services, in any form or by any means;
• not remove or alter copyright notices or distinctive signs appearing in or on the Services.

WeWard, as well as its Suppliers and service providers, reserve all rights not expressly granted herein.

If WeWard discovers a violation by the User, WeWard reserves the right to suspend or terminate access to the Application and delete the corresponding Account immediately.

The Site and the Application may contain links or content from services that are not operated by us and that provide additional content or functionality. The content of such third-party services is governed by the terms of use and privacy policy of the respective third-party providers, under their sole responsibility. WeWard is not responsible for the availability or accuracy of third-party services, or for the services, products or content available from those services. Inclusion of links to third-party services or their use does not constitute WeWard’s endorsement of those services. For more information, we invite you to consult the terms of use and/or privacy policy of the relevant third-party services.

WeWard does not claim any ownership rights over your content. However, when you post or share your content via the Services, you represent that you have the rights necessary to post or share that content via the Services.

Subject to the privacy settings you have chosen in your Account, you grant WeWard a worldwide, non-exclusive, fully paid-up, royalty-free license, including moral rights where applicable, allowing it to use, reproduce, modify, adapt, publicly perform and publicly display your content (in whole or in part) for the purpose of operating and providing the Services for your benefit and that of other registered Users.

Please note that any content submitted in a “public” area of the Services may be viewed, used, modified and reproduced by other registered Users.
You acknowledge that you are solely responsible for your content and agree not to post a photograph of a third party without their prior consent.

Suggestions and feedback: You agree that submitting ideas, suggestions, documents or proposals to WeWard, including via suggestion pages, forums or wikis (collectively, “Feedback”), is at your own risk, and the Company assumes no obligation, including of confidentiality, regarding such contributions.

You represent and warrant that you hold all rights necessary to submit such Feedback.
You grant WeWard a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works from or otherwise commercially or non-commercially exploit the Feedback submitted, and to sublicense such rights, in connection with the operation or maintenance of the Services or WeWard’s business.

Article 10 – Illegal Content

Unless otherwise required by public order, by accepting the T&Cs you give your irrevocable consent for WeWard to monitor your content.

The User is responsible for their actions on the Application and notably for content they post, photos they upload and messages they send.

In accordance with Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, WeWard is committed to combating the dissemination of illegal content on its Application. Content is considered illegal if it: is of a pedopornographic nature, incites racial hatred, violence or discrimination, is defamatory, insulting or infringes on privacy, violates intellectual property rights, incites illegal or dangerous activities.

The User may report illegal content to WeWard at: contact@wewardapp.com. The report must include: (i) the URL and description of the illegal content, (ii) the reasons why the content is considered illegal and (iii) the reporter’s contact details.

WeWard will review the reported content as soon as possible. If the content is deemed illegal, it will be removed immediately. WeWard may transmit information about illegal content to competent authorities. In case of filtering, refusal or removal of all or part of your content by WeWard, you acknowledge that this action is taken in WeWard’s interest. Without prejudice to the foregoing, WeWard reserves the right to remove any content that would violate the T&Cs or be considered inappropriate.

WeWard is not responsible for content posted by Users unless it has actual knowledge of its illegality and fails to act to remove it. Moderation measures are implemented to prevent the dissemination of illegal content.

A User who posts illegal content risks sanctions, including account deletion and legal proceedings. You acknowledge and agree that you have no reasonable expectation of privacy regarding the transmission of your content (including, without limitation, written or voice messages, images, geolocation data or physical activity).

Article 11 - No Medical Advice

The WeWard Application allows the tracking and verification of the quantity and frequency of Users' physical movements, to generate Wards and use them to redeem Rewards. The Services provided by WeWard do not contain, constitute, or should be interpreted as medical advice. WeWard is not a licensed healthcare professional, does not collect health data and is not in a position to provide medical advice. The User should always consult a qualified and licensed healthcare professional before starting or modifying any exercise regimen or program. The WeWard Application is not a diagnostic or disease prevention tool. Use of the Application does not create a doctor-patient relationship between the User and WeWard.

Article 12 - Personal Data

As part of using the Services, we may collect and process certain personal data of the User.

When registering, the User acknowledges and accepts the processing of their personal data by WeWard in accordance with applicable law and the provisions of our Privacy Policy. For more information about the data we collect from you and how we use it, please consult our Privacy Policy.

Article 13 – Liability

13.1 - Use of the Application and the Website

Unless otherwise required by public policy, given the IT and telecom technical constraints inherent to the use of the Application and the Website, WeWard’s liability cannot be engaged for damage caused by a malfunction of one or more steps of access to the Application and/or the offered Service, due to, but not limited to, inconveniences inherent to the use of the Internet network, such as service interruptions, external intrusion, presence of computer viruses or malfunction of any kind. The User is invited to report without delay to WeWard any difficulty they encounter while using the Application.
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WeWard does not guarantee optimal functioning of the Application if the version used does not correspond to the latest version of the Application on the download platforms (Google Play and Apple Store). WeWard’s liability cannot be engaged in case of damage caused by a malfunction on an earlier version of the Application.
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If WeWard has legitimate reasons to believe that the security of the Application is compromised or that misuse of the Service results from unauthorized use of the User’s identification data, WeWard may temporarily disable the Account to preserve the integrity of the Application and the data of the User Account.
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The User agrees to use the Application in accordance with its purpose and not to engage in any illicit, unfair, dishonest or fraudulent practice of any kind, including artificially obtaining a number of Wards greater than those corresponding to actual physical activities and visits to locations.

WeWard’s liability cannot be engaged where non-performance or defective performance of WeWard’s obligations is attributable either to the User’s behavior, or to an unforeseeable and insurmountable event caused by a third party to these T&Cs (notably sources of information published by third parties) and in particular partners over which WeWard has no control, or due to force majeure, as defined by Article 1218 of the French Civil Code. Force majeure includes, among others: natural disasters, fires, strikes, breakdowns, shortages, wars, power outages, failures of telecommunication networks, loss of Internet connectivity due to public or private operators.

Furthermore, WeWard cannot be held liable for delay or failure of its contractual obligations resulting from circumstances beyond its reasonable control, including, without limitation, pandemics, acts of terrorism, riots, embargos, acts of civil or military authorities, floods, accidents or shortages of transport, energy, labor or raw materials.

Moreover, WeWard’s liability cannot be engaged for any indirect damages resulting from these T&Cs, loss of business, loss of profit, incidental, special or consequential damages, regardless of the theory of liability invoked.

This limitation does not apply to WeWard’s liability for:

• death or personal injury caused by its negligence; or
• any damage resulting from fraud or fraudulent misrepresentation on its part.
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  Without prejudice to the exclusion scenarios set out in these T&Cs, WeWard’s liability can only be engaged for compensation of direct, actual, foreseeable and certain damage suffered by the User, provided that the User proves that WeWard’s contractual fault is the direct cause of such damage. The User acknowledges and accepts that lost opportunities, accounting business losses, productivity losses, contract or margin losses, loss of earnings or Wards and failure to realize expected savings or gains or any reputational harm cannot give rise to compensation.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some of the above exclusions or limitations may not apply to your case, and you may have additional rights.

To the extent permitted by applicable law, WeWard’s liability to its Users will not exceed:

• the total amount you have paid to WeWard during the three (3) months preceding the act, omission or event giving rise to the liability; or
• the remedy or sanction provided by the law under which the claim is brought, whichever is greater.

This cap does not apply to WeWard’s liability for:

• death or personal injury caused by its negligence; or
• any damage resulting from fraud or fraudulent misrepresentation on its part.

To facilitate communications between them, the User agrees that WeWard’s computer systems and files will be considered authentic between the parties, unless the User provides contrary proof of at least equal value.
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Consequently, computer files and records stored within the computer systems operated by WeWard or on its behalf under reasonable security and reliability conditions may be validly used and produced as evidence of the performance of these T&Cs, and more generally of any event, communication or relationship between the parties in connection with the User’s use of the Services. WeWard may validly produce in any proceedings, for evidentiary purposes, data, files, programs, recordings or other items received, issued or stored through the aforesaid computer systems, on all digital or analog media, and rely on them, except in case of manifest error.

13.2 - Liability in connection with Virtual Products

Without prejudice to the provisions of Article 13.1, the following provisions apply to Virtual Products.

You acknowledge that you are solely responsible for purchasing, searching for and using Virtual Products, as well as for all consequences that may result. This includes augmented reality experiences, for which you must exercise caution, remain aware of your surroundings and interact safely and appropriately. You are also solely responsible for judging your physical ability to use the Services, and you accept that such use is at your own risk.

You agree to behave respectfully towards other Users and real-world persons. Accordingly, you must refrain from harassment, threats or infringements of others’ rights, as well as any attempt to intrude or trespass on private or public property. You acknowledge that certain experiences or situations may involve unforeseen risks, for which you assume full responsibility.

In particular, if a Virtual Product is located in a dangerous or difficult-to-access place, you agree to assume all risks related to its use, including, but not limited to, any accident caused by such location.

You are also solely responsible for any accident, direct or indirect, occurring in connection with the purchase, search or use of Virtual Products, whether on foot, motorized or in a vehicle, in private or public places.

The transfer of Virtual Products to other users (offer, exchange or gift) is at your own risk, and conducted with full knowledge. These transactions are irrevocable. WeWard does not guarantee their outcome and disclaims any liability in case of dispute or loss related to such operations. It is strongly recommended to perform exchanges only on the WeWard platform and to exercise caution in arrangements outside it. WeWard does not facilitate, mediate or guarantee any exchange via social networks or other external channels.

WeWard, its employees, Suppliers, contractors and subcontractors cannot be held liable for any incident related to the purchase, search, use or exchange of Virtual Products. You agree to defend, indemnify and hold them harmless from any claim, loss, damage, cost or other consequence resulting from the use of Virtual Products.

13.3 No liability related to storage

Unless expressly agreed in writing by WeWard, it has no obligation to store your content.

WeWard disclaims all liability regarding:

• deletion or accuracy of user content, including your content;
• failure to preserve, transmit or receive any user content;
• the security, confidentiality, preservation or transmission of communications in connection with the use of the Services.

Some Services may allow you to set the access level applicable to your content.

You alone are responsible for choosing this access level.

In the absence of an explicit selection, the Services may apply the most permissive default access level.

You accept that WeWard reserves the right to impose reasonable limits on the use and storage of user content, including your content, such as file size limits, storage space, processing capacity, or any other restriction determined at its sole discretion.

13.4 No liability related to Rewards

WeWard cannot be held responsible for your choice or use of Rewards. Under no circumstances will WeWard be liable for any damage to the User or a third party resulting from the use of Rewards. If you provide personal or financial information to a third party to receive a reward, WeWard disclaims any liability in this regard.

13.5 No liability related to interactions between Users and user Content

User responsibility. You are solely responsible for your interactions with other registered Users and with any other person with whom you interact. That said, WeWard reserves the right, but is not required, to intervene in such disputes.

You acknowledge that WeWard cannot be held liable for any consequence resulting from these interactions.

Content provided by other Users. Unless otherwise required by public policy, WeWard disclaims all liability regarding delays, deletion, misdelivery or failure to preserve any content, communication or customization settings. WeWard has no obligation to monitor or verify such content, and does not endorse, approve or guarantee in any way such user content.

You use this user content and interact with other Users at your own risk.

13.6 Indemnification

You agree to indemnify and hold harmless WeWard, and its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, Suppliers and licensors, from any loss, cost, liability and expense (including reasonable attorneys’ fees) resulting from or related to any of the following:
(a) Your Content;
(b) Your use of a Service in violation of the T&Cs;
(c) Your infringement of a third party’s rights, including those of another registered User; or
(d) Your violation of any applicable law, rule or regulation.

WeWard reserves the right, at its own expense, to assume sole defense and control of any matter for which you would otherwise be required to indemnify WeWard; in such case, you agree to cooperate fully with WeWard in asserting all available defenses.

This provision does not require you to indemnify WeWard (or its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, suppliers and licensors) in the event of abusive commercial practices on its part, or in the event of fraud, deception, false promise, misrepresentation, concealment or omission of a material fact related to the Services provided under the T&Cs.

You agree that the provisions of this clause survive any termination of your Account and/or access to the Services.

13.7 Disclaimer of warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. YOU ALONE ARE RESPONSIBLE FOR ALL COSTS RELATED TO MAINTENANCE OR REPAIRS OF EQUIPMENT USED IN CONNECTION WITH THE USE OF THE SERVICES.

WEWARD EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM THE USE OF THE SERVICES.

WITHOUT LIMITING THE FOREGOING:

WEWARD DOES NOT WARRANT THAT:
(1) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(3) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
(4) CERTAIN FEATURES, SUCH AS PHYSICAL ACTIVITY TRACKING, GEOLOCATION, PURCHASES, REWARDS OR THEIR USE, WILL WORK PROPERLY AT ALL TIMES.

NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM WEWARD OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs.

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WEWARD.

Article 14 - Contract Duration - Termination

14.1 - Contract duration

The T&Cs are concluded for an indefinite period starting from their first acceptance by the User under the conditions described in Article 1 and remain applicable as long as you use the Services.

14.2 - Termination or suspension by WeWard

WeWard may suspend or remove access to all or part of the Application and the Services in case of non-compliance with these T&Cs by the User.

In this case, WeWard will notify the suspension and/or deletion of the Account to the User by email and will give the User formal notice to stop the violation.
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In the case of a suspension, the User may remedy the breach within three (3) days from this notification. After this period, in the absence of satisfactory action by the User, WeWard may terminate the contractual relationship with the User by operation of law, and subject to any damages to which it may be entitled to compensate for prejudice resulting from this situation.
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This termination may occur without notice in the event of a serious breach by the User of its obligations under these T&Cs.

WeWard reserves the right to delete the User’s Account after a total inactivity period of thirty (30) days or more.

14.3 - Termination by the User

The User may end the relationship with WeWard at any time, without cost and without reason. To do so, they need only go to the Application Settings and click on the "Delete my account" option.
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Within forty-eight (48) hours following Account deletion, all or part of the User’s data may be erased from WeWard’s databases and the User will no longer have access to the Application or the Services. The deletion of such data is carried out in accordance with WeWard’s legal obligations and its commitments in the Privacy Policy.
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In the event of the User’s death, and upon presentation of the relevant supporting documents, the Account will be deactivated. Its content may only be transmitted to heirs by court order or under conditions provided by applicable law.

14.4 - Effects of termination

Termination of a Service results in removal of access to that Service and possible prohibition of any future use of it. Termination of all Services also includes deletion of your password and all information, files and Content related to your Account (or part of it), including your Content and Wards. Upon termination, your right to use the Services ends immediately. You acknowledge that such termination may result in deletion of your Content from WeWard’s active databases. WeWard will not be liable under any circumstances for any suspension or termination, including deletion of your Content. All provisions of the T&Cs which by their nature should survive termination will remain in effect, including provisions relating to intellectual property, disclaimers and limitation of liability.

14.5 - Re-registration prohibition

If your registration or access to the Services or to another WeWard community is interrupted due to a breach of these T&Cs or due to behavior deemed inappropriate, you agree not to attempt to re-register or access the Services or any other WeWard community under another username or by any other means. You also acknowledge that you will not be entitled to any refund of fees paid for Services to which access was denied. In case of violation of this provision, WeWard reserves the right, at its sole discretion, to immediately take one or more of the measures set out herein, without prior notice.

Article 15 - Monitoring and Enforcement

WeWard reserves the right to:
(a) remove or refuse to publish any or all of your Content, for any reason or no reason, at its sole discretion;
(b) take any action it deems necessary or appropriate with respect to your Content, at its sole discretion, notably if it believes that such Content violates the T&Cs, infringes an intellectual property right or any other third-party right, threatens the safety of Services Users or the public, or is likely to engage WeWard’s liability;
(c) bring any appropriate legal action, including reporting any illegal or unauthorized use of the Services to competent authorities; and/or
(d) suspend or terminate your access to all or part of the Services, for any reason or no reason, including but not limited to a breach of the T&Cs.

If WeWard becomes aware of a possible breach of the T&Cs by you, it reserves the right to open an investigation. If, after this investigation, WeWard believes criminal activity has been committed, it reserves the right to forward the case to the competent authorities and to cooperate fully with them.

Unless otherwise provided by applicable law, WeWard is authorized to disclose any information or material on or in the Services, including your Content, in its possession in connection with your use of the Services, for the following purposes:
(i) to comply with applicable laws, a court order or a request from a public authority;
(ii) to enforce the T&Cs;
(iii) to respond to any claim that your Content infringes third-party rights;
(iv) to respond to your customer service requests; or
(v) to protect the rights, property or personal safety of WeWard, its registered Users or the public, as well as any representative of public or judicial authority, if WeWard believes, in its sole discretion, that such action is necessary or appropriate.

Article 16 - Disputes

UNLESS OTHERWISE MANDATED BY PUBLIC POLICY, THE PROVISIONS OF FRENCH CONSUMER LAW APPLY.

These T&Cs and their interpretation are governed by French law, without prejudice to applicable conflict of law rules, except for mandatory rules to the contrary.

In case of a problem, the User is invited to contact: contact@wewardapp.com
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In accordance with Article L. 612-1 of the French Consumer Code, Users are offered the free option to use a mediator for amicable resolution of any dispute opposing them to WeWard. The User is invited to contact WeWard to notify their request so WeWard can provide the contact details of the mediation body and the precise conditions for such recourse.

However, for purchases made or actions taken directly on the sites or applications of our partners, the User must refer to the mediator designated by the relevant partner, in accordance with its own terms and conditions.

If mediation fails or is refused, any legal action will be brought before the competent court according to the provisions of the Code of Civil Procedure.

Article 17 - Contact

For any question or information, Users can contact WeWard:

• by email at: contact@wewardapp.com
• or by postal mail at the address mentioned in the preamble of these T&Cs.

Article 18 - International Access

The Services are accessible from many countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that WeWard intends to offer such Services or Content in your country.

The Services are controlled and offered by WeWard from its facilities located in France.

Article 19 - Arbitration Agreement

This article applies only to American users:

Please read this arbitration agreement contained in this section (“Arbitration Agreement”) carefully. It requires you to submit disputes with us to arbitration and limits the ways you can seek relief.

Scope of the Arbitration Agreement. Subject to the provisions of this Arbitration Agreement, you and WeWard agree that any dispute, claim or controversy arising out of or related in any way to your access to or use of the Services, or to this Agreement and its prior versions, including disputes or claims that predate the effective date of this Agreement (each a “Dispute”), will be resolved by binding arbitration, and not in state court, except that: (1) you and WeWard may bring an action in small claims court if the claim is within its jurisdiction and remains there; and (2) you or WeWard may seek injunctive or equitable relief in court for infringement of intellectual property rights (such as trademarks, trade secrets, patents, copyrights). The term “Dispute” also includes disputes that arose before this Agreement existed, as well as those that may arise after its termination.

Informal dispute resolution. In the event of a Dispute between you and WeWard, the parties agree to attempt to resolve it amicably. You and WeWard agree to arrange a telephone or video conference within forty-five (45) days following receipt of notice of the Dispute, to attempt to reach an amicable settlement (“Informal Resolution Conference”). This step is a mandatory prerequisite before any arbitration. The applicable statute of limitations is tolled during this phase. Notice must be sent by mail or email to: contact@weward.fr or 111 Avenue Victor Hugo, 75016 Paris, France.

Waiver of jury trial. YOU AND WEWARD EXPRESSLY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JUDGE OR JURY. Disputes will be resolved by arbitration as set forth in this Agreement.

Waiver of class actions. EXCEPT AS PROVIDED IN THE “BATCH ARBITRATION” SECTION, YOU AND WEWARD AGREE THAT EACH MAY BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS. ANY CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION IS EXPRESSLY WAIVED, UNLESS OTHERWISE AGREED. If a final judicial decision invalidates this clause, the affected claim may be litigated in court, with the remaining claims continuing in arbitration.

Rules and forum. The T&Cs constitute an interstate commerce contract and are subject to the Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by this Agreement. If the AAA is unavailable, the parties will select another forum. Arbitration will take place in the county of your residence.

Arbitrator. The arbitrator will be a retired judge or an attorney admitted to practice in the State of California, chosen from the AAA consumer arbitrator list. If the parties disagree, the AAA will appoint the arbitrator according to its rules, or according to the procedures set forth in the “Batch Arbitration” section.

Arbitrator powers. The arbitrator has exclusive authority to decide any Dispute, including the interpretation and validity of this Agreement, except for the exceptions listed. The arbitrator may not consolidate disputes except as provided in the “Batch Arbitration” section. The arbitrator must provide a reasoned decision and may award damages.

*Attorneys’ fees and costs. Each party shall bear its own attorneys’ fees except in cases of frivolous or abusive claims. The prevailing party in an action to compel arbitration may recover reasonable costs.

*Batch arbitration. If more than 100 similar claims are filed within 30 days, they will be grouped into “lots” of 100, each lot being treated as a consolidated arbitration with a single arbitrator, a single procedural schedule and a single award. This mechanism does not authorize class arbitration.

*Right to opt out within 30 days. You may opt out of this Agreement within 30 days of your initial acceptance by writing to: contact@weward.fr and the postal address above. Opting out does not affect other provisions of the T&Cs.

*Severability and statute of limitations. If any provision is found invalid, the others remain in force. You must initiate arbitration within the applicable statute of limitations, otherwise your claim will be time-barred.

*Modification. If this Agreement is materially changed, we will notify you. If you do not accept the modification, you have 30 days to object in writing. Continued use constitutes acceptance.

Governing law and jurisdiction. The T&Cs are governed by the laws of the State of New York, United States, including the Federal Arbitration Act. Any dispute not subject to arbitration will be brought in courts located in New York County, New York.

Article 20 - General Provisions

Questions, complaints and claims.
For any question, complaint or claim concerning the Services, please contact us at: contact@weward.fr. We will endeavor to handle your request promptly. If you believe your request has not been adequately addressed, please let us know so that we can conduct a further investigation.

Waiver.
The fact that WeWard does not exercise or delays in exercising a right or enforcing a provision of the T&Cs shall not be construed as a waiver of that right or provision.

Severability.
If any provision of the T&Cs is held to be invalid or unenforceable, it should be interpreted to best reflect the parties’ original intent, and the remaining provisions shall remain in full force.

Notices.
When WeWard requires you to provide an email address, you are responsible for providing a valid and up-to-date email address. If the address provided proves invalid or, for any reason, fails to permit delivery of a notice required under this Agreement, sending an email by WeWard to that address will nevertheless constitute valid notice. Any notice to WeWard must be sent to: contact@weward.fr. A notice is deemed received upon actual receipt by WeWard, whether by registered mail, recognized courier or email.

Assignment.
The T&Cs, and your rights and obligations under them, may not be assigned, subcontracted, transferred or delegated by you without WeWard’s prior written consent. Any attempted assignment or transfer in violation of this clause will be void.

The following provisions apply only to American users:

Governing law.
Any dispute, claim or cause of action arising out of or related in any way to your use of the Services will be governed by and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from the T&Cs.

Exclusive jurisdiction.
To the extent that the parties are permitted by the T&Cs to initiate legal action, you and WeWard agree that any dispute or claim arising out of or relating to the T&Cs will be brought exclusively in the state or federal courts located in New York County, New York, United States.

Electronic communications.
Communications between you and WeWard may be electronic, whether you access the Services, send an email to WeWard or WeWard posts a notice on the Services or contacts you by email. For contractual purposes, you:
(a) consent to receive communications from WeWard electronically; and
(b) agree that all agreements, notices, disclosures and other communications that WeWard provides electronically satisfy any legal requirement that such communications be in writing.
This provision does not affect your legal rights, including those under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. §7001 et seq., “E-Sign”).

Export control.
You agree not to use, export, import or transfer the Services in violation of applicable law, including U.S. export control laws. In particular, the Services may not be exported or re-exported to: (a) countries subject to U.S. embargoes; or (b) persons listed on the U.S. Treasury Department lists (Specially Designated Nationals) or the U.S. Department of Commerce lists (Denied Persons List or Entity List).

By using the Services, you represent and warrant that:
(i) you are not located in a country under embargo or designated as supporting terrorism by U.S. authorities, and
(ii) you are not listed on any prohibited or restricted persons lists.
You also agree not to use the Services for purposes prohibited by U.S. law, such as the design, manufacture or use of nuclear, chemical, biological weapons or missiles. You acknowledge that the products, services or technologies provided by WeWard may be subject to U.S. export control laws, and you agree to comply with them.

Consumer complaints (California).
Pursuant to Cal. Civ. Code §1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.