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: November 25, 2025

Preamble

We have developed the WeWard mobile application to encourage Users to favor walking in their daily travel, for health and environmental reasons.
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The Application allows Users to earn 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 as part 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 terms 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 only be permitted to bring a claim against us on an individual basis, and not as a plaintiff or member of a class or representative action;

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

Some 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 those services implies prior acceptance of those TOS.

Article 1 - Definitions

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

E-vouchers: refers to gift cards available on the Application’s gift page that 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 Community administrator.
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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 assigned to the User on the Application, which they access by registering and logging in to 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 directly for sale 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 using Wards, for example gift cards, virtual items, cash prizes, vouchers, discounts on items, support for humanitarian or environmental 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 special 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 to unlock the Rewards displayed on the Application.

Article 2 - Registration and Account Creation

2.1 - Registration requirements

By accessing the Services, you represent and warrant that:

• You have the legal capacity to create an account on our platform;
• You meet 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 permitted by your national law, if lower — 15 years in France, for example) to consent alone to the processing of your personal data. We reserve the right to request any document proving the identity and age of the person who created the Account;
• All information you provide during registration is accurate, complete and up to date;
• You are not subject to a ban on accessing the Services under the law of your country of residence or any other applicable jurisdiction.

Registration on the Application is free and does not create any purchase obligation, nor any financial consideration from the User toward WeWard.

When creating the Account, the User acknowledges having read and accepted all of these T&Cs.

When registering on the Application, the User also acknowledges having read 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 also have the option to create an Account using a third-party service such as Facebook, Apple, or Google. In that case, creating the Account requires that you authorize the sharing of certain profile data by the relevant third-party service. You may then complete any missing information as needed. In such a case, the User must authorize WeWard to use the data transmitted by the third-party service. For more information regarding 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 features or the mobile Application), you may link your Account to your third-party account by authorizing WeWard to access it, in accordance with the third-party provider’s terms and conditions.

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

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 via 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 via the Services.

You can 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 have entered into with them, and WeWard disclaims all liability regarding personal data that may be transmitted to it in violation of the privacy settings you have set.

WeWard does not verify third-party content, including as 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

When creating an Account, 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 via this checkbox constitutes proof that the User has read, via the Application, our T&Cs and is bound by them without reservation.

IF YOU DO NOT ACCEPT ALL THE TERMS OF THE T&Cs AND YOU REFUSE 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. These different documents will be incorporated into these T&Cs.

3.2 - Binding effect

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

• upon acceptance by the User during registration to 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 online, 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 these T&Cs, and cancel and replace any earlier version. The User may at any time stop using the Services and delete their Account, but remains bound for 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 case of modification, we will publish the updated version of the T&Cs on the Site by updating the “Last updated” date shown at the top of the document.

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

If the changes are substantial, we will inform Users via the Site and we will endeavor to notify you by email at the address provided during your registration.

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

Any use of the Application and/or Services after the binding date (Article 3.2) constitutes acceptance. You are therefore advised to consult the T&Cs regularly to take note of the current version.

You acknowledge that WeWard’s continued provision of the Services constitutes sufficient consideration for acceptance of the T&Cs changes.

Article 4 - Conditions of access to the Services

Access to our Services requires an Account on the Application.

The Application is available for free download on the Apple App Store and the Google Play Store.

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

Our Services aim to motivate Users’ physical efforts and daily actions in a playful and interactive context. Under no circumstances should or can our Services be equated with services that provide a source of income or professional earnings.
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Access to our Services is strictly personal and private. WeWard is in no way responsible for any procedures that may apply to obtaining and/or receiving Rewards (declarations, taxation, duties, etc.). Consequently, the User is prohibited from using the Application in a professional, commercial context or in the interest of an activity competing with WeWard. Any breach 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 agree to share their geolocation and/or the tracking of their physical activity via the native sensors of their smartphone or connected objects. Otherwise, the User may not be awarded Wards, notably for those requiring step counting or tracking visits to recommended places. For more information regarding the information 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, in particular to perform updates, maintenance operations, changes to operational methods, servers or accessibility windows. In the event of an unplanned interruption due to an anomaly, we will make reasonable efforts to restore accessibility and proper functioning of the Application.

The Services are likely to evolve. Consequently, we may ask you to:

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

Article 5 - User obligations

The User undertakes to use the Application and the Services only in the conditions defined herein.

In particular, the User agrees to:

• not use the Application or the Services for professional, commercial, or profit-making 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 publication site, for example Apple Store, Google Play or Trustpilot;
• not use the Services for harmful or malicious purposes, such as hacking or inserting malicious code, including viruses, or harmful data into the Application or the Website;
• not impair the correct functioning of the Services;
• not attempt to circumvent the Service mechanisms to obtain Wards or Rewards unduly;
• not infringe WeWard’s rights or image;
• not use the Services to harm WeWard in any way;
• not use the Services for illegal purposes or prohibited by these T&Cs;
• not make unauthorized communications available on the Site or Application (unsolicited advertising, mass spam, junk mail, or any other unsolicited intrusive electronic communications).

Any breach of these commitments constitutes a material 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 secure their login credentials and password.

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

The User further acknowledges being solely responsible for compliance 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 case 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 case of a third-party claim alleging infringement of their rights.

In case of violation 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 Services;
• temporarily suspend your Account;
• permanently close your Account.

When necessary, the User will be notified of the implementation of such a measure and may submit observations. Observations must be submitted using the procedures mentioned in Article 17 "Contact." WeWard will decide, at its sole discretion, whether to lift the measures implemented.
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The measures implemented shall take effect without prejudice to damages which may be claimed from the User as compensation for losses incurred as a result of a breach of the T&Cs.

Article 7 - Wards

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

7.1 - Awarding Wards

Creating an Account automatically enrolls you in the Wards awarding program. Wards are points usable only within the Application, notably to unlock Rewards. Wards are neither monetary equivalents, nor 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 Wards balance.

Users are awarded Wards by completing actions promoted on the Application (validating daily walking, completing quests, participating in contests, surveys, events and/or any feature implemented for that purpose) and in particular:

• by validated and verified physical movement (for example, steps);
• when visiting geographic locations referenced on the WeWard Application;
• by completing quests (such as downloading a mobile application, subscribing to a service...);
• by answering surveys;
• through specific actions on a bonus page (if 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 refreshing the link;
• by referring a third party who opens a User Account.

The number of Wards awarded for 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 change; the awarding conditions will be detailed in the Application.

The awarding of Wards through certain features available in the Application may be subject to a chance element without any purchase or financial sacrifice (promotional sweepstakes). In case of a win, the corresponding 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 way, the awarding and verification procedures 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. Where applicable, Wards will be credited to the Wards balance and therefore 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 have been credited may later 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 IT 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 awarding referral Wards and the maximum amount of Wards that can be awarded as part of the referral program may change and will be detailed in the Application. We reserve the right to terminate the referral program as well as the right to deactivate a referral code, notably if it appears on a review site.
We reserve the right and absolute discretion to determine and modify from time to time the physical movements eligible for Wards, the movement verification algorithms and the amounts of verified movement required for Users to be awarded Wards via 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 provided by partners in the context of purchases, quests or surveys, and more generally by any transmission of information over communication networks such as the internet, is subject to technical constraints resulting from technologies beyond WeWard’s control. Despite WeWard’s care in verifying data, the inaccuracy or absence of received data cannot engage WeWard’s liability. Thus, WeWard cannot be held responsible for errors, interruptions, unavailability or inaccuracies in information. WeWard also reserves the right to retrospectively modify the Wards awarded to a User when an error or fraud has been committed.

7.2 - 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 obtention of Rewards.

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

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

We may modify or impose different balance and usage limits for the Wards balance at any time. In case of modification, you will be informed. Continued use of your Account after the binding date (Article 3.2 of the T&Cs) of the changes will constitute your full acceptance of those changes. IF YOU DO NOT ACCEPT THESE CHANGES, PLEASE STOP USING OUR SERVICES. In that case, WeWard will not in any event be required 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 environmental projects, participation in limited-time operations, issuance of vouchers, partner discount codes, discounts on certain items, cash prizes and/or 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 sole responsibility of the User.

The Application allows the obtention of Rewards as part of operations requiring the use of all or part of the Wards balance. The nature of Rewards (virtual item, voucher, partner discount code, cash prize, good or service) is specified in the Application. Some options for using the Wards balance may require spending Wards within 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. If the Wards balance is successfully used to obtain displayed Rewards, the User will be immediately informed of the actual use of the balance as well as the attribution or sending of the Reward. Depending on the Reward, participation in some 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 this verification, the Reward may be canceled. WeWard reserves the right to carry out any checks it considers appropriate regarding the identity and/or age of the User. WeWard’s liability cannot be engaged 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 acknowledges and agrees that it is not WeWard’s responsibility to verify the accuracy of the information provided. Furthermore, all bank fees, including those related to receipt of a cash prize, shall 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 a chance element without financial sacrifice. In case of a win, the User will be informed of the win and of the attribution of the Reward or the delivery arrangements for the Reward. Note: Participation in some of these operations and/or the attribution of certain Rewards may be reserved to adults. For more information, refer to the participation terms for the sweepstake, accessible from the Application or in the relevant broadcast material. WeWard reserves the right to verify the age of the User to whom the prize should be awarded.

Participation in Communities. The Application allows you to join Communities run by other Application Users. By joining a Community, you can compare your step count with other Community Users and follow collective Community statistics.

We invite you to consult Community descriptions in the Application for more information. In case of breach by a Community administrator of their commitments, WeWard reserves the right to suspend the concerned User’s access to the Community.

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 balance. 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 resembles a vote to guide WeWard in choosing projects to fund. Once the balance is filled, WeWard will finance the project by transferring the planned amount to the concerned partner, and Users will be informed. No management or promotional fee is charged to the partner.

We invite you to consult project descriptions in the Application for more information. In case of a partner’s failure to meet its commitments, WeWard reserves the right to reallocate funds to another initiative, without its liability being engaged.

For all Rewards. The unlocked Reward will be provided as-is. It cannot be refunded in cash, exchanged, or converted into any monetary equivalent or compensation for amounts that would be due by the User to WeWard.

The User acknowledges that WeWard assumes no responsibility for features, products, services or other benefits offered in the Application’s "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 through the Application. The User acknowledges that WeWard assumes no obligation to accept 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’s liability being engaged.

In case of unavailability and/or withdrawal of a Reward previously unlocked by the User, WeWard reserves the right to re-credit the User with the Wards spent or to replace it with another Reward of equivalent value and characteristics, without its liability being engaged.

The number of Wards required to obtain a reward may vary according to different factors. We reserve the right to adjust these amounts at any time, notably for 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 benefits, including via augmented reality experiences.
The terms of obtaining Virtual Products are detailed in the Application and in the FAQ.

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

WeWard may at any time limit the use, quantity, 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 benefit or prize, according to WeWard’s terms.

Virtual Products may be obtained in various 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 through third-party payment providers such as Apple and Google.

Purchasing 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, while we provide those Services. This purchase does not grant the User any ownership rights to the Virtual Product (the "License"). The User acknowledges that they do not acquire any property rights in Virtual Products. The Products have no real or virtual monetary value.
The License is personal and cannot be sold, transferred, assigned, gifted, exchanged, sublicensed or otherwise transferred to a 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 of Virtual Products not authorized by WeWard, whether for real money, goods, credits or any other form of exchange value. Any attempt to sell, transfer or exchange of this nature is prohibited, void and constitutes a breach of these T&Cs. This may result in cancellation of the Virtual Products concerned, termination of the User’s WeWard account, and potential legal action.

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

7.5 - E-vouchers

The User has the option to purchase e-vouchers on 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 (e-commerce site, list of partner stores, list of eligible products) will be specified in the Application.

In case of displaying an erroneous price, manifestly derisory (bargain 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 the 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 TOS, YOU MUST NOT USE E-VOUCHERS.

7.6 - Account suspension or deletion related to Wards use

In all circumstances, the User must act fairly when participating in and using Wards.

The User agrees not to intentionally transmit false data to WeWard, such as falsified GPS coordinates or erroneous physical activity. The User agrees not to enlist 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 (pendulums, software...);
• Artificially simulating geolocation points;
• Sending IT requests to falsify activity or purchase data;
• Falsifying referrals.

In case 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 to modify it at any time, without compensation, subject to informing Users.

Article 8 - Premium and in-app purchases

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

8.1 Obtaining Premium Status

Premium Status may be obtained in two ways:

• By subscription, using Apple or Google Play payment services, in accordance with the TOS;
• By performing specific actions in the Application that allow accumulating qualifying Wards. The amount of qualifying Wards required and the conditions for obtaining them are specified in the Application and in the FAQ and may be modified at any time.

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

8.2 Payment

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

We encourage you to review 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/

In no event will WeWard be liable for the acts or omissions of a third-party payment provider, including, but not limited to, service interruptions, system failures or any other payment service malfunction.

WeWard reserves the right to modify or remove Virtual Products at any time, with or without notice. WeWard may change prices of Virtual Products or of 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 the 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 data we collect or carried out for testing purposes. 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 can cancel it before the end of the trial period to avoid any charge. After that time, the subscription will be automatically renewed according to 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 suspicion of fraud or violation of the terms of use. If Premium Status was obtained by 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 sole responsibility of the User.

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

The User warrants 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 case of unauthorized use thereof, except proven fault of 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 distinguishing marks of WeWard and/or its partners, as well as any software used in providing the Service, and the content of the Application (i.e., all text, video, photography or any other information in any format and of any nature 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 have no 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.

Consequently, it is prohibited to copy, modify, reproduce, distribute, publish, embed on any medium, adapt, transfer or assign, license, sublicense, pledge, transmit in any other way 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 defamatory, explicit, offensive or otherwise objectionable content on the Application or the Website;
• not grant a sublicense, sell, rent, lend, transfer, assign, reproduce, distribute, host, commercially exploit all or 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 technology that interferes in any way with the proper functioning of the Application or the Website, including blocking any advertisement or promotion displayed on it;
• not collect or harvest information or data from the Application or the Website for commercial purposes, except by written agreement with WeWard;
• not use framing techniques to encapsulate a trademark, logo or any other part of the Services (including images, text, layout or structure);
• not use meta-tags or invisible text that takes the name WeWard or its trademarks;
• not modify, translate, adapt, merge, create derivative works from the Services, nor disassemble, decompile or conduct reverse engineering, 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 public search engines, which have a revocable authorization to index Site pages only to the extent necessary to create public search indexes, without constituting a cache or archive;
• unless expressly indicated otherwise, not copy, reproduce, distribute, republish, upload, display, transmit any part of the Services, in any form or by any means;
• not remove or alter copyright notices or distinguishing marks appearing in or on the Services.

WeWard, as well as its Suppliers and service providers, reserve all rights not expressly granted under these T&Cs.

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

The Website 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 these third-party services is governed by the terms of use and privacy policy of the relevant third-party service providers, under their sole responsibility. WeWard is not responsible for the availability or accuracy of third-party services, or the services, products or content available from those services. The 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 third-party services concerned.

WeWard claims no ownership rights over your content. However, when you post or distribute your content via the Services, you represent that you have the rights necessary to post or distribute that content via the Services.

Subject to the privacy settings you have selected in your Account, you grant WeWard a worldwide, non-exclusive, royalty-free license, including, where applicable, moral rights, to use, reproduce, modify, adapt, publicly perform and 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 you 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 (the "Feedback"), is at your own risk, and the Company assumes no obligation, including confidentiality, regarding these 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 commercially or non-commercially exploit the Feedback submitted, and to sublicense these rights, as part of the operation or maintenance of the Services or WeWard’s business activities.

Article 10 – Illegal content

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

The User is responsible for actions they carry out on the Application and, in particular, for the content they publish, the photos they upload and the messages they send.

In accordance with Law No. 2004-575 of June 21, 2004 for trust in the digital economy, WeWard is committed to combating the dissemination of illegal content on its Application. Content is considered illegal if it: has pedopornographic character, incites racial hatred, violence or discrimination, is defamatory, insulting or violates privacy, infringes intellectual property rights, or 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 forward information about illegal content to the 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 provisions of the T&Cs or be considered inappropriate.

WeWard is not responsible for content posted by Users unless it has knowledge of its illegal nature and fails to act to remove it. Moderation measures are in place to prevent dissemination of illegal content.

A User posting illegal content risks sanctions, including account deletion and legal action. You acknowledge and agree that you should not expect 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 enables Users to track and verify the quantity and frequency of their physical movements, generate Wards and use them to redeem Rewards. The Services provided by WeWard do not contain, do not constitute, and should not be interpreted as medical advice. WeWard is not a licensed medical professional, does not collect health data and is not able to provide medical advice. The User should always consult a qualified and licensed healthcare professional before starting or modifying an exercise 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 the use of the Services, we collect and process certain personal data of the User.

Upon registration, 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 regarding the information 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 telecommunications technical constraints inherent to the use of the Application and the Website, WeWard’s liability cannot be engaged in case of damage caused by a malfunction of one or more stages of access to the Application and/or the Service offered, notably but not exclusively due to the inconveniences inherent in the use of the Internet, such as service interruption, external intrusion, computer viruses or malfunctions of any kind. The User is invited to report without delay to WeWard any difficulty they encounter in using the Application.
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WeWard does not guarantee optimal operation of the Application if the version used does not correspond to the latest version available on download platforms (Google Play and Apple Store). WeWard’s liability cannot be engaged for damage caused by malfunction on an older version of the Application.
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If WeWard has legitimate reasons to believe that the Application’s security is compromised or that improper use 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 User Account data.
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The User agrees to use the Application in accordance with its purpose and not to engage in any illegal, unfair, dishonest act or any behavior that could be considered fraud, including attempting to artificially obtain a number of Wards greater than those corresponding to physical activities and visits performed.

WeWard’s liability cannot be engaged where non-performance or improper performance of WeWard’s obligations is attributable either to the User’s behavior, or to an unforeseeable and insurmountable act of 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 a force majeure event as defined by Article 1218 of the French Civil Code. Force majeure includes in particular: natural disasters, fires, strikes, breakdowns, shortages, war, power cuts, failures of telecommunications networks, loss of internet connectivity due to public or private operators.

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

Furthermore, WeWard’s liability cannot be engaged for any indirect damages arising 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 liability exclusion hypotheses set out in these T&Cs, WeWard’s liability can only be engaged to repair 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 their damage. The User acknowledges and accepts that loss of chance, accounting operating losses, productivity losses, loss of contracts and/or margin, loss of earnings or Wards, as well as failure to realize expected savings or gains or any damage to reputation cannot give rise to compensation.

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

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

• the total amount you paid to WeWard during the three (3) months preceding the act, omission or event giving rise to liability; or
• the remedy or penalty provided by 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 their exchanges, the User admits that WeWard’s computer systems and files will be binding between the parties, unless the User provides contrary proof of at least equal value.
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Consequently, computer files and records stored in the computer systems operated by or on behalf of WeWard under reasonable security and reliability conditions may be validly used and produced as evidence of 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 of any act, fact or omission, the data, files, programs, recordings or other elements received, sent or stored by means of the aforementioned computer systems, on any digital or analog medium, and rely on them, except in case of manifest error.

13.2 - Liability in connection with Virtual Products

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

You acknowledge being solely responsible for purchasing, searching for and using Virtual Products, as well as all consequences arising therefrom. This includes augmented reality experiences, for which you must be vigilant, remain aware of your surroundings and interact safely and appropriately. You are solely responsible for assessing your physical ability to use the Services, and agree that such use is at your own risk.

You agree to behave respectfully toward other Users and real-world persons. Accordingly, you must not engage in harassment, threats or infringement of others’ rights, nor attempt unauthorized intrusion or entry onto private or public property. You acknowledge that some 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 hard-to-reach 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 during the purchase, search or use of Virtual Products, whether you are on foot, motorized or in a vehicle, in a private or public place.

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

WeWard, its employees, Suppliers, providers 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 for:

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

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

You are solely responsible for choosing that access level.

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

You agree 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 can WeWard be held liable for any damage caused to the User or a third party as a result of using Rewards. If you provide personal or financial information to a third party to receive a reward, WeWard disclaims any responsibility in that regard.

13.5 - No liability for interactions between Users and User Content

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

You acknowledge that WeWard cannot be held responsible for any consequences resulting from such interactions.

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

You use such 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) arising out of 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 the presentation of 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 case of WeWard’s abusive commercial practices, or in case of fraud, deceit, 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 your access to the Services.

13.7 Disclaimer of warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM 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 BEAR SOLE RESPONSIBILITY FOR ALL COSTS RELATING TO MAINTENANCE OR REPAIR OF EQUIPMENT USED IN CONNECTION WITH YOUR 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 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 ACTIVITY TRACKING, GEOLOCATION, PURCHASES, REWARDS OR THEIR USE, WILL FUNCTION CORRECTLY AT ALL TIMES.

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

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

Article 14 - Term - Termination

14.1 - Term

The T&Cs are concluded for an indefinite term from their first acceptance by the User in 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 delete access to all or part of the Application and Services if the User fails to comply with these T&Cs.

In this case, WeWard will notify the User of the suspension and/or deletion of the Account by email and require the User to stop the breach.
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In the event of a suspension, the User may correct the breach within three (3) days from that notification. After that period, and in the absence of satisfactory action by the User, WeWard may terminate the contractual relationship with the User as of right, and subject to any damages to which it may be entitled as compensation for the prejudice suffered.
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Such termination may be immediate in the case of a serious breach by the User of their obligations under these T&Cs.

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

14.3 - Termination by the User

The User may terminate their relationship with WeWard at any time, free of charge and without reason. To do so, they must go to the Application Settings and click on the "Delete my account" option.
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Within forty-eight (48) hours of 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 Services. Deletion of this 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 production of relevant supporting documents, the Account will be deactivated. Its content can 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 the deletion of access to that Service and the 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 involve deletion of your Content from WeWard’s active databases. WeWard shall not be liable 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, notably provisions regarding intellectual property, disclaimers of warranties and limitation of liability.

14.5 - Re-registration prohibition

If your registration or access to the Services or to another WeWard community is terminated due to a breach of these T&Cs or behavior deemed inappropriate, you agree not to attempt to re-register or access the Services or any other WeWard community under another username or in any other manner. 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 breach of this provision, WeWard reserves the right, at its sole discretion, to take immediately one or more of the measures set out above, without prior notice.

Article 15 - Monitoring and enforcement

WeWard reserves the right to:
(a) remove or refuse to post 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, including if it believes such Content violates the T&Cs, infringes an intellectual property right or any other right of a third party, threatens the safety of Services Users or the public, or is likely to engage WeWard’s liability;
(c) take appropriate legal action, including reporting any illegal or unauthorized use of the Services to law enforcement authorities; and/or
(d) suspend or terminate your access to any or all of the Services, for any reason or no reason, including, without limitation, for violation of the T&Cs.

If WeWard becomes aware of a potential violation of the T&Cs by you, it reserves the right to open an investigation. If at the end of this investigation WeWard believes that criminal activity has been committed, it reserves the right to forward the matter to the competent authorities and to cooperate fully with them.

Unless otherwise required by applicable law, WeWard is authorized to disclose any information or item present on or in the Services, including your Content, in its possession in relation to your use of the Services, for the following purposes:
(i) to comply with applicable laws, a judicial proceeding 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 reasonably believes that such action is necessary or appropriate.

Article 16 - Disputes

UNLESS OTHERWISE REQUIRED BY MANDATORY LAW, FRENCH CONSUMER LAW APPLIES.

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, the User is offered the opportunity to use a mediator free of charge to amicably resolve any dispute with WeWard. The User is invited to contact WeWard to make their request so that WeWard can provide the mediator’s contact details and the specific conditions of such recourse to mediation.

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

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

Article 17 - Contact

For any questions 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 concerns US users only:

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 in which 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 predating this Agreement's effective date (each, a "Dispute"), shall be resolved by binding arbitration, and not by state or federal court, except that: (1) you and WeWard may bring an action in small claims court if the claim falls within its jurisdiction and remains there; and (2) you or WeWard may seek injunctive or equitable relief in court to protect intellectual property rights (such as trademarks, trade secrets, patents, copyrights). The term "Dispute" also includes disputes arising before this Agreement existed and 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 videoconference meeting within forty-five (45) days after receipt of the notice of Dispute to attempt an amicable resolution ("Informal Resolution Conference"). This step is a mandatory prerequisite before resorting to arbitration. The applicable statute of limitations is tolled during this phase. The 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 RIGHTS TO A TRIAL BY COURT AND TO A TRIAL BY JURY. Disputes will be resolved by arbitration as provided in this Agreement.

Waiver of class actions. EXCEPT AS PROVIDED IN THE "AGGREGATE ARBITRATION" SECTION, YOU AND WEWARD AGREE THAT EACH MAY ONLY BRING AN ACTION INDIVIDUALLY. 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 remainder of claims being stayed in arbitration.

Governing rules and forum. The T&Cs constitute a contract involving interstate commerce 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 choose another forum. The arbitration will be held in the county of your residence.

The arbitrator. The arbitrator will be a retired judge or an attorney licensed in the State of California, chosen from the AAA consumer arbitrator roster. If the parties disagree, the AAA will appoint the arbitrator under its rules, or as provided in the "Aggregate Arbitration" section.

Arbitrator’s powers. The arbitrator has exclusive authority to decide any Dispute, including interpretation and validity of this Agreement, except for the listed exceptions. The arbitrator may not consolidate claims except as provided in the "Aggregate Arbitration" section. The arbitrator must issue a reasoned decision and may award damages.

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

Aggregate arbitration. If more than 100 similar claims are filed within a 30-day period, they will be grouped into "lots" of 100; each lot will be treated as a consolidated arbitration with a single arbitrator, single procedural schedule and single award. This mechanism does not constitute authorization for 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 to 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 remainder will 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 substantially modified, we will notify you. If you do not accept the modification, you have 30 days to opt out in writing. Your continued use constitutes acceptance.

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

Article 20 - General provisions

Questions, complaints and claims.
For any question, complaint or claim regarding the Services, please contact us at: contact@weward.fr. We will endeavor to process your request promptly. If you consider that your request has not been fully addressed, please let us know for further investigation.

Waiver.
WeWard’s failure or delay to exercise any right or enforce any 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 found invalid or unenforceable, it shall be interpreted so as to best reflect the parties’ original intent, with the remaining provisions remaining in full force and effect.

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 provided address is invalid or for any reason does not allow delivery of a notice provided 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 will be deemed received upon actual receipt by WeWard, whether by registered mail, recognized courier service or email.

Assignment.
The T&Cs, and your rights and obligations arising from 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 provisions below apply only to US users:

Governing law.
Any dispute, claim or request for relief related in any way to your use of the Services shall 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 the parties are permitted by the T&Cs to bring an action in court, you and WeWard agree that any dispute or claim arising out of or relating to the T&Cs shall be brought exclusively in the state or federal courts located in New York County, State of 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 in electronic form; and
(b) agree that all contracts, 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 under U.S. embargo; or (b) persons listed by the U.S. Treasury Department (Specially Designated Nationals) or the U.S. Department of Commerce (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 named 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, development or use of nuclear, chemical, biological weapons or missiles. You acknowledge that products, services or technologies provided by WeWard may be subject to U.S. export control laws, and you agree to comply with them.

Consumer claims (California).
Pursuant to §1789.3 of the California Civil Code, you may direct any complaint to 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.