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: June 16, 2025
Preamble
We developed the WeWard mobile application to motivate users to prioritize walking in their daily commutes for health and environmental reasons.
The Application allows users to earn points (the "Wards") assigned based on actions or features promoted within the Application. For instance, users may earn Wards based on the number of steps taken or during bonus actions in the Application.
Wards can be redeemed for rewards displayed within the Application, according to the conditions outlined in Article 7 of these Terms and Conditions.
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 a capital of €1203.32 located 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 for accessing and using the Site and the Application. For the purposes of these T&Cs, all capitalized terms have the meanings 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 a binding arbitration agreement that, with limited exceptions, requires that disputes be submitted to binding and final arbitration.*
Unless you opt out of this arbitration agreement:
You will only be allowed to bring claims against us on an individual basis, and not as a plaintiff or member of any class action or representative proceeding;
You waive your right to sue in court and to a jury trial.
Certain features, such as the purchase of Virtual Products, Premium Status, or E-vouchers, are subject to our General Sales Conditions (GSC), available by following this link: [link]. Using these services implies prior acceptance of the said GSC.
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 a project defined in advance by the Community administrator.
Wards balance: refers to the balance of Wards associated with the User Account.
Account or User Account: refers to the personal space dedicated to the User in the Application, which they access by registering and logging into the Application, after accepting the T&Cs.
Providers: 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 Providers 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, such as gift cards, virtual items, cash prizes, shopping vouchers, discounts 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 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 individual registered on the Application, holding an Account.
Visitor: refers to any person visiting the Services but not holding User status.
Wards: refers to points accumulated and usable only within the Application, allowing to unlock the Rewards displayed in the Application.
Article 2 - Registration and Account Creation
2.1 - Registration Conditions
By accessing the Services, you declare and guarantee 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 applicable laws of 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 legislation, if lower—15 years in France, for example) to consent to the processing of your personal data without parental consent. We reserve the right to request any document to verify the identity and age of the individual responsible for the Account;
- All information you provide during your 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 for the Application is free and does not impose any purchasing obligation or financial consideration from the User to WeWard.
By creating the Account, the User confirms having read and accepted all of these T&Cs.
When registering on the Application, the User also declares having read our Privacy Policy, which is incorporated by reference into these T&Cs.
2.2 - Account Creation
Using 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 this case, creating the Account requires you to authorize the sharing of certain data from your profile by the relevant third-party service. You can then complete any missing information as necessary. In such a case, the User must authorize WeWard to use the data provided by the third-party service. For more information regarding the data we collect from you and how we use it, please refer to our Privacy Policy.
You agree to provide a valid email address that you own, and you declare and guarantee that the information provided is accurate and complete.
If you access the Services via a third-party provider (within the functionalities of the Services or the mobile Application), you may link your Account to your third-party account by allowing WeWard to access it, in accordance with the terms of the relevant third-party provider.
You declare that you are legally authorized to grant this access, without violating the terms of use of the third-party provider or imposing financial liability on WeWard or restricting its usage.
By authorizing WeWard to access your third-party accounts, you understand that it may access the data necessary for your registration, in accordance with the Privacy Policy. Depending on your privacy settings defined in your third-party accounts, personally identifiable information 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 via the Services.
You can deactivate the connection between your third-party accounts and the Services by following the procedure of the respective third-party provider.
Important: Your relationship with third-party providers is governed solely by the agreements you made with them, and WeWard disclaims any responsibility concerning personal data that may be transmitted to it in violation of the privacy settings you established.
WeWard makes no verification of third-party content, particularly regarding its accuracy, legality, or compliance with intellectual property rights and assumes no responsibility in this regard.
Article 3 - Acceptance of the T&Cs
3.1 - Acceptance
Upon creating the Account, the User is free to check the box "I accept the terms and conditions and confirm that I am of legal age to use the Services".
Acceptance in this checkbox form constitutes proof that the User has read, via the Application, our T&Cs and implies full and unconditional adherence.
IF YOU DO NOT ACCEPT ALL THE TERMS OF THE T&Cs AND REFUSE TO BE BOUND BY THEM, PLEASE REFRAIN FROM USING OUR SERVICES AND DELETE YOUR ACCOUNT IF APPLICABLE.
Specific conditions may apply or be added during the use of certain Services in accordance with the conditions mentioned in Article 3.3. These various documents will be incorporated into the present T&Cs.
3.2 - Enforceability
These T&Cs take effect on the date they are posted online and are enforceable:
- upon acceptance by the User when registering for the Application for the entire duration of the use of the Services; or
- 30 days after being communicated to Users when new T&Cs replace them;
- on the day they are posted online, in the case of simple updates of the T&Cs relating to non-substantial elements.
Subject to compliance with these deadlines, the T&Cs in effect on the Application take precedence over any prior dated version, and the present T&Cs cancel and replace any previous version. The User can at any time cease to use the Services and delete their Account, but remains liable for any prior usage.
3.3 - Modifications
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 the document.
We can do this for various reasons, including to reflect non-substantial changes or changes to provisions amended by law, due to new features or changes in business practices.
If the changes are substantial, we will inform Users via the Site and will attempt to notify you by email to the address provided during your registration.
The User who does not wish to agree to the modified T&Cs must delete their account and cease using the Services.
Any use of the Application and/or Services after the enforceability period (Article 3.2) constitutes acceptance of them. It is therefore recommended that you regularly check the T&Cs to become aware of the current version.
You acknowledge that the continuous provision of the Services by WeWard constitutes sufficient consideration for the acceptance of the modifications to the T&Cs.
Article 4 - Access Conditions to the Services
Access to our Services requires holding an Account on the Application.
The Application can be downloaded for free from the Apple App Store and the Google Play Store.
Access to the Application is free (excluding connection costs and telecommunication fees borne by the User).
Our Services aim to motivate Users' sports efforts and daily actions in a fun and interactive framework. Under no circumstances should or may our Services be equated to services allowing to obtain a source of income, or professional revenue.
Access to our Services is only possible in a strictly personal and private context. WeWard is in no way responsible for any procedures potentially applicable to obtaining and/or receiving the Rewards (declarations, taxation, etc.). Consequently, the User refrains from using the Application in a professional, commercial context, or in the interest of an activity that competes with WeWard. Any violation of this provision may lead to the closure of the Account.
The User is informed that to benefit from certain Services available in the Application, they are invited to accept sharing their geolocation and/or tracking their physical activity through the native sensors on their smartphone or connected devices. Otherwise, the User will not be able to earn Wards, particularly for those requiring calculation of the number of steps taken or tracking visits to recommended locations. For more information regarding the information we collect from you and how we use it, please refer to our Privacy Policy.
We reserve the right, without notice, without notification, or compensation, to temporarily or permanently close all or part of the Application or access to the Services remotely, particularly to perform an update, maintenance operations, modifications, or changes to operational methods, servers, or accessibility windows. In the case of an unplanned interruption due to an anomaly, we commit to implementing reasonable means to restore accessibility and proper functioning of the Application.
The Services are subject to evolution. Consequently, we may ask you to:
- accept updates of the Services you have installed on your computer or mobile device;
- update third-party software to continue using the Services.
Article 5 - User Obligations
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 profit-making purposes;
- not transmit false, misleading, deceptive, or fraudulent information to WeWard (including when creating or updating the Account);
- not open more than one Account on the Application and not open an Account in the name 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 submission site, such as the Apple Store, Google Play, or Trustpilot;
- not use the Services for harmful or malicious purposes, such as 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 circumvent the mechanisms of the Service in order to improperly obtain Wards or Rewards;
- not infringe the rights and image of WeWard;
- not use the Services to harm WeWard in any way;
- not use the Services for illegal purposes or purposes prohibited by these T&Cs;
- not make unauthorized communications available on the Site or the Application (unsolicited advertising, mass mailings of spam, junk mail, or any other unauthorized intrusive electronic communication).
Any violation of any 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 computer and transmission means are in good working order and up to date to benefit from the functionalities of the Services and the Application.
The User is responsible for preserving, using, and keeping the confidentiality of their identifiers and password.
The User agrees to notify WeWard without delay of any communication to third parties or theft or compromise of their password.
The User also acknowledges that they are solely responsible for complying with all applicable laws, regulations, and obligations related 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 someone other than the registered User. We also reserve the right to reassign any username, particularly in the event of a third-party claim for infringement of their rights.
In the event of a User violating these T&Cs, particularly the obligations detailed in Article 5, or if we have legitimate reasons to believe that this is necessary to protect our security, our integrity, that of other Users or third parties, or for fraud prevention purposes, we notably reserve the right to:
- terminate our contractual relationship with the User immediately and without notice in accordance with Article 14;
- limit your access and usage of the Application and the Services;
- temporarily suspend your Account;
- permanently close your Account.
When necessary, the User is notified of the implementation of such measures and can send observations. The observations must be sent according to the methods mentioned in Article 17 "Contact". WeWard will decide, at its sole discretion, whether to lift the measures in place or not.
The measures taken will take effect 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 answered regularly by our teams and are accessible in our FAQ.
7.1 - Wards Allocation
Creating an Account automatically registers you in the Wards allocation program. Wards correspond to points usable only within the Application, allowing for unlocking 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 Account balance (the "Wards balance").
Users are allocated Wards by performing actions promoted in the Application (validating daily walking, completing quests, participating in contests, surveys, events, and/or any feature established for this purpose) and notably:
- through a validated and verified physical movement (for example, steps);
- by visiting geographic locations referenced in the WeWard Application;
- through completing quests (such as downloading a mobile application, subscribing to a service...);
- by responding to surveys;
- through specific actions on a bonus page (if applicable, the terms will be specified in the Application);
- through purchases on a partner website after using the corresponding URL link;
- through purchases on a partner website after installing the extension and updating the link;
- through referring a third party who opens a User Account.
The number of Wards allocated 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 imply a certain delay in the attribution of Wards. The number of Wards allocated for an action or challenge may evolve; the attribution conditions will be detailed in the Application.
Wards allocation through certain features available in the application may be subject to a lottery without any purchase or financial sacrifice required (promotional lottery). In case of a win, the corresponding number of Wards will be credited to the Wards balance. The features concerned and the conditions applicable to these lotteries will be detailed in the Application.
Wards allocation through certain features available in the Application may require purchasing a good or service provided by a third party on one of WeWard's partner sites. The number of Wards allocated in this way, the allocation and verification methods will be specified in the Application. The number of Wards may vary based on Users or the products or services purchased and may evolve over time. If applicable, the Wards will be credited to the Wards balance and thus usable when the partner site has informed WeWard of the action promoted being carried out (visit, purchase, subscription, participation in events, etc.). The User acknowledges that the number of Wards assigned may subsequently be withdrawn from the Wards balance for various reasons such as:
- After making a purchase, the User returned all or part of the products involved in the purchase;
- To access the partner site, the User used one or more computer systems not linked to WeWard's Services;
- The purchased products or subscribed services are not eligible for the operation.
The User may be allocated Wards by referring other users' registrations, participating in the referral program of the Application. The terms and conditions for referral attribution and the maximum quantity of Wards to be allocated within the referral program may evolve and the terms will be detailed in the Application. We reserve the right to terminate the referral program as well as the right to disable a referral code, particularly in the case where it appears on a review site.
We reserve the right and exclusive discretion to determine and modify from time to time the eligible physical movements for Wards, the verification algorithms for movements, and the quantities of verified movements that Users must perform to be awarded Wards using the Application. For example, we may modify the verification algorithm for a step 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 reported by partners in the context of purchases, quests, or surveys, and 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 all the care taken by WeWard in verifying data, the inaccuracy or lack of received data shall not engage WeWard's liability. Thus, WeWard cannot be held responsible for any errors, interruptions, unavailability, or inaccuracy of information. WeWard also reserves the right to retrospectively modify the Wards awarded to a User when an error or fraud has occurred.
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 like a points program allowing to obtain Rewards.
The balance of the Wards cannot be subject to any cash refunds, exchange, or any potential monetary value assignment.
Wards must be earned and used in accordance with the rules of these T&Cs. WeWard has the final authority to decide whether a feature allows for earning Wards. Wards will not be granted and may be withdrawn at WeWard's discretion, particularly in the case of suspected fraudulent use of all or part of the Services.
We may modify or impose different limits on the balance and use of the Wards balance at any time. In case of modification, you will be notified. Continuing to use your Account after the enforceability date (Article 3.2 of T&Cs) of the modifications will constitute acceptance of all these modifications. IF YOU DO NOT ACCEPT THESE MODIFICATIONS, PLEASE REFRAIN FROM USING OUR SERVICES. In this case, WeWard will not be held liable to refund, exchange, or offer any monetary discount for the remaining Wards 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 obtaining Virtual Products, supporting volunteer missions or humanitarian or ecological projects, participating in ephemeral operations, awarding shopping vouchers, partner discount codes, discounts on certain items, cash prizes, and/or providing a good or service.
Accessing a Reward requires holding a specific number of Wards determined and displayed in the Application. Unless 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 provided in the "Rewards" section of the Application. The choice and use of Rewards are solely the User's responsibility.
The Application allows obtaining Rewards within the framework of operations requiring the use of all or part of the Wards balance. The nature of the Rewards (virtual item, voucher, partner discount code, cash prize, good or service) is specified in the Application. Certain options for using the Wards balance may require using Wards for a limited time and within the limit of the maximum number of participants and/or quantities displayed in the Application. Access conditions (start date and time, duration, number of participants allowed, quantities, etc.) will be detailed in the Application. In the case of successful use of the Wards balance to obtain the displayed Rewards, the User will be immediately informed of the effective use of the balance as well as the allocation or sending of the Reward. Depending on the Reward, participation in some of these operations may be reserved for adults. WeWard reserves the right to verify the User's age.
Rewards in cash prizes. 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 being able to receive these prizes. In case of refusal to provide the information necessary for this verification, the Reward may be canceled.
WeWard reserves the right to carry out any verifications it deems useful regarding the identity and/or age of the User. WeWard's liability cannot be incurred if the information provided is incorrect, does not correspond to that of the User, or if, for any other technical reason, the cash prize cannot be correctly delivered.
The User is aware and accepts that it is not WeWard's obligation to verify the accuracy of the information transmitted. Furthermore, all bank fees, including those related to receiving a cash prize, will be borne entirely by the User.
Promotional lotteries. Unlocking certain Rewards available in the Application may be subject to using all or part of the Wards balance as well as a lottery without any financial sacrifice. In case of a win, the User will be informed of the win as well as the allocation of the Reward or the terms of sending or delivery of the Reward. Note: Participation in some of these operations and/or the allocation of certain Rewards may be reserved for adults. For more information, please refer to the participation conditions for the said lottery, accessible from the Application or in the relevant dissemination support. WeWard reserves the right to verify the age of the User to whom the win should be awarded.
Participation in Communities. The Application allows you to join Communities. As a User, in certain Communities, you can choose to "walk for" this Community, meaning to dedicate all or part of your Wards generated from your walking activity to a specific cause or project carried by the administrator of the Community you are joining. These Communities are supported by other Users of the Application.
Allocating Wards by a User does not constitute a donation but is similar to a participation in the Community.
We encourage you to consult the descriptions of the Communities in the Application for more information. In case of a failure of a Community administrator to fulfill their commitments, WeWard reserves the right to suspend the allocation of Wards while an investigation is ongoing without being 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 pot. These projects are conducted 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 similar to a vote directing WeWard in the choice of projects to fund. Once the pot is completed, WeWard will fund the project by transferring the planned amount to the concerned partner, and Users will be informed. No management fee or highlighting of the project is charged to the partner.
We encourage you to consult the project descriptions in the Application for more information. In case of a partner's failure to meet their commitments, WeWard reserves the right to allocate the funds to another initiative without being held liable.
For all Rewards. The unlocked Reward will be awarded as is. It cannot be refunded in cash, exchanged, or presented with any monetary equivalent or compensation regarding amounts that might be due by the User to WeWard.
The User acknowledges that WeWard does not assume any liability for the functionalities, products, services, or other benefits offered on the Application 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 security of the goods, services, or other benefits offered on the Application. The User acknowledges that WeWard has no obligation for return, exchange, or refund concerning Rewards available on the Application.
Rewards available on the Application may be modified or removed at any time by WeWard without having to justify the cause and without being held liable.
In case of unavailability and/or withdrawal of a previously unlocked Reward by the User, WeWard reserves the right to credit the User with the spent Wards or replace it with another Reward of equal value and equivalent characteristics, without being held liable.
The number of Wards required to obtain a reward may vary based on different factors. We reserve the right to adjust these amounts at any time, particularly in the context of tests, economic adjustments, or temporary promotions. Consequently, 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 through augmented reality experiences.
The conditions 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 within the platform only. Transactions such as exchanges are irreversible. You carry out any transaction of this type at your own risk, and WeWard is not responsible for any losses or disputes that may arise as a result.
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 various ways, including:
- 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.
Purchasing any Virtual Product constitutes solely the acquisition of a personal, limited, non-commercial, and revocable license, allowing the use of the Virtual Product exclusively within the Services, as long as we provide these Services. This purchase gives the User no ownership rights over the Virtual Product (the “License”). The User acknowledges that they acquire no ownership rights over the 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 framework. Consequently, we strictly forbid 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 type of exchange value. Any attempt to sell, transfer, or exchange of this type is prohibited, null and void, and constitutes a violation of these T&Cs. This may result in the cancellation of the affected Virtual Products, termination of the User's WeWard account, as well as 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 allocated Wards for every euro spent. The number of Wards allocated will be specified in the Application for each partner. This number may be subject to daily, weekly, or monthly limits. The number of Wards allocated and the allocation conditions are subject to change and will be detailed in the Application.
The conditions for eligibility for these E-vouchers (e-commerce site, lists of partner stores, list of eligible products) will be specified in the Application.
In the case of a displayed incorrect price, clearly derisory (low price), for whatever reason (computer bug, manual error, technical error), the order—even validated by us—may be canceled and the Wards withdrawn from the User's balance.
E-vouchers cannot be exchanged or refunded (in full or in part) because usage information is sent by email and received immediately.
Purchasing E-vouchers is subject to the GSC of the application. IF YOU DO NOT ACCEPT THE T&Cs AND THE GSC, PLEASE REFRAIN FROM USING E-VOUCHERS.
7.6 - Account Suspension or Deletion Related to Wards Usage
In all circumstances, the User must adopt fair behavior in participating and using Wards.
The User agrees not to voluntarily transfer false data to WeWard, such as falsified GPS coordinates or incorrect physical activity. The User agrees not to call upon third parties to generate Wards on their behalf.
The User agrees not to attempt to find ways to accumulate Wards, such as:
- Artificially simulating steps (pendulums, software…);
- Artificially simulating geolocation points;
- Issuing computer queries to falsify physical 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 modify it at any time, without compensation, provided that Users are informed.
Article 8 - Premium and In-App Purchases
The User can benefit from Premium Status within the Application. This status allows them to access exclusive benefits, such as Virtual Products or additional Wards. Details regarding the content and conditions of Premium Status are available on the User's profile page as well as in the FAQ.
8.1 Obtaining Premium Status
Premium Status can be obtained in two ways:
- By subscription, using payment services from Apple or Google Play, in accordance with the GSC;
- By completing specific actions in the Application, allowing for the accumulation of 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.
The enrolled User obtaining Premium Status may become eligible for exclusive Rewards.
8.2 Payment
All financial transactions, except for E-vouchers, are processed by third-party providers (Apple and Google), in accordance with their terms of use, their privacy policy, and/or any other applicable payment conditions.
We encourage you to review their terms of use, including:
- Apple's standard end-user license agreement: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
- Google Play terms of use: https://play.google.com/about/play-terms/
Under no circumstances shall WeWard be held liable for the actions or inactions of a third-party payment provider, including, but not limited to, service interruptions, system outages, or any other malfunctions in the payment service.
WeWard reserves the right to modify or uninstall Virtual Products at any time, with or without notice. WeWard may change the prices of Virtual Products or Premium subscriptions at its sole discretion and may add new products requiring additional payments.
Outside of the expressly provided features in the Application, the User cannot 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, either for premium subscriptions or in-app purchases. These price variations may be based on the data we collect or conducted as part of tests. Consequently, some Users may see different prices for the same service based on various factors.
8.3 Automatic Renewal
The Premium subscription is automatically renewed until canceled. The User can 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 terms.
8.5 Suspension and Termination of Premium Status
WeWard reserves the right to suspend, deactivate, or terminate Premium Status in case of suspicion of fraud or violations of the terms of use. If Premium Status was obtained through a paid subscription, the suspension or termination will halt future payments.
8.6 User Payment Responsibilities
The User agrees to pay all applicable fees and taxes related to their subscription, including those incurred by anyone using an account registered in their name. All taxes applicable to these transactions are at the sole expense of the User.
WeWard reserves the right to modify the applicable rates for goods, services, or subscriptions offered at any time, subject to the 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 cases of unauthorized use, unless proven otherwise by WeWard. It is their responsibility to secure access to their payment methods and their personal account.
Article 9 - Intellectual Property
The Application, trademarks, logos, and any other distinctive signs of WeWard and/or its partners, along with any software used in providing the Service, and the content of the Application (that is, any text, video, photography, or any other information in whatever format and nature appearing in the Application) are the exclusive property of WeWard and/or its partners and/or third parties and may be protected by copyright law, trademark law, patent law, or any other intellectual property law. These T&Cs do not entail any transfer of ownership of any kind to the User.
Notwithstanding any contrary provision, you acknowledge and agree that you have no ownership rights over the Application, including managing your Account. All rights related to the Application remain the exclusive property of WeWard and will continue to belong to it at all times.
It is consequently forbidden to copy, modify, reproduce, distribute, publish, integrate onto any medium, adapt, transfer or assign, license, sublicense, pledge, or transmit by any means the elements of the Application or to perform reverse engineering or use any other method to attempt to access source codes and/or protocols of the Application without WeWard's express permission or that of the rights holder.
The User agrees to:
- not infringe the intellectual property rights of WeWard or those of third parties regarding the use of the Application or the Website;
- not transmit any defamatory, explicit, offensive, or otherwise reprehensible content on the Application or Website;
- not grant a sublicense, sell, rent, loan, 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 any technology that interferes in any way with the proper functioning of the Application or the Website, including blocking any advertisements or promotions displayed on it.
- not collect or harvest information or data from the Application or Website for commercial purposes, unless otherwise agreed in writing by WeWard;
- not use any framing techniques to encapsulate a brand, logo, or any part of the Services (including images, text, layout, or structure);
- not use meta tags or invisible text incorporating WeWard's name or trademarks;
- not modify, translate, adapt, merge, create derivative works from the Services, nor disassemble, decompile, or perform reverse engineering, unless such restrictions are expressly prohibited by applicable law;
- not use any automated or manual software or tool (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 permission to index the pages of the Site solely to create public search indices, without constituting a cache or archive;
- unless expressly stated otherwise, not to copy, reproduce, distribute, republish, download, display, transmit any part of the Services, in any form or by any means;
- not to remove or alter copyright notices or distinctive signs appearing on or in the Services.
WeWard, as well as its Suppliers and service providers, reserve all rights not expressly granted hereunder.
If WeWard discovers a violation on the part of the User, WeWard reserves the right to suspend or terminate access to the Application immediately and delete the corresponding Account.
The Website and Application may contain links or content from services that are not operated by us and that provide additional content or functionalities. Content from these third-party services is governed by the terms of use and privacy policy of the respective 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 approval by WeWard of those services. For more information, we invite you to review 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 disseminate your content via the Services, you declare that you hold the necessary rights to publish or disseminate this content via the Services.
Subject to the privacy settings you have selected in your Account, you grant WeWard a worldwide, non-exclusive, fully paid-up, royalty-free license, including, where applicable, moral rights, allowing it to use, reproduce, modify, adapt, publicly perform, and publicly display your content (in whole or in part), for the purposes of operating and providing the Services for your benefit and that of other enrolled Users.
Please note that any content submitted in a “public” zone of the Services may be viewed, used, modified, and reproduced by other enrolled Users.
You acknowledge that you are solely responsible for your content, and you agree not to publish any photographs of a third party without their prior consent.
Suggestions and feedback: You agree that submitting ideas, suggestions, documents, or proposals to WeWard, particularly via suggestion-type pages, forums, or wikis (hereinafter referred to as "Feedback"), is done at your own risk, and that the Company assumes no obligation, including confidentiality, regarding these contributions.
You declare and guarantee that you hold all necessary rights to submit this Feedback.
You grant WeWard a worldwide, irrevocable, perpetual, non-exclusive, free, and royalty-free license, authorizing it to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works from, or commercially exploit or not the submitted Feedback, and to sublicense these rights, in the course of operating or maintaining the Services or the commercial activity of WeWard.
Article 10 - Illegal Content
Unless otherwise mandated by public order, by accepting the T&Cs, you provide your irrevocable consent for WeWard to monitor your content.
The User is responsible for the actions they perform on the Application and specifically for the content they publish, 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 commits to fighting the dissemination of illegal content on its Application. Content is considered illegal when it: has a pedopornographic nature, incites racial hatred, violence, or discrimination, is defamatory, insulting, or violates privacy, infringes intellectual property rights, or incites illegal or dangerous activities.
The User can report illegal content to WeWard at the following address: 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 contact details of the reporter.
WeWard will examine 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 the competent authorities. In the event 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 delete any content that violates the provisions of the T&Cs or is deemed inappropriate.
WeWard is not responsible for content published by Users unless it is aware of their illegal nature and does not act to remove them. Moderation measures are in place to prevent the dissemination of illegal content.
Users publishing illegal content risk sanctions, including account deletion and legal action. You acknowledge and agree that you have no reasonable expectation of privacy concerning the transmission of your content (including, without limitation, written or voice messages, images, geolocation data, or physical activity).
Article 11 - Absence of Medical Advice
The WeWard Application allows tracking and verifying Users' physical movements, generating Wards, and using them to exchange for Rewards. The Services provided by WeWard do not contain, constitute or should be interpreted as medical advice or opinions. WeWard is not a licensed health professional, does not collect health data, and cannot provide medical advice. The User should always consult a qualified and licensed health professional before starting or changing a diet or exercise program. The WeWard Application is not a diagnostic or disease prevention tool. Using the Application does not create a doctor-patient relationship between the User and WeWard.
Article 12 - Personal Data
In the context of using the Services, we collect and process certain personal data of the User.
When registering, the User acknowledges and agrees to 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 refer to our Privacy Policy.
Article 13 - Liability
13.1 - Use of the Application and the Website
Unless otherwise mandated by public order, given the technical constraints inherent in the use of the Application and the Website, WeWard's liability cannot be incurred in the event of damage caused by a malfunction of one or several access steps to the Application and/or the Service provided, notably due to, but not limited to, the inconveniences inherent in using the Internet, such as service interruptions, external intrusions, presence of computer viruses, or any kind of malfunction. The User is invited to promptly report to WeWard any difficulties they may notice in connection with their use of the Application.
WeWard does not guarantee optimal functioning of the Application if the version used does not correspond to the latest version of the Application available on the download platforms (Google Play and Apple Store). WeWard's liability cannot be incurred in the event of damage caused by a malfunction in an earlier version of the Application.
If WeWard has legitimate reasons to believe that the security of the Application is compromised or that a misuse of the offered Service could result from unauthorized use of the User's identification data, WeWard may temporarily deactivate their Account to preserve the integrity of the Application, as well as the User's account data.
The User agrees to use the Application in accordance with its purpose and to perform no illegal, unfair, dishonest, or fraudulent actions of any kind, particularly to artificially obtain a number of Wards greater than those corresponding to the physical activities and visits made.
WeWard's liability cannot be incurred in the event that WeWard's failure or improper performance of its obligations stems from either the User's behavior or from an unpredictable and insurmountable event caused by a third party to these T&Cs (notably the sources of information published by third parties) and particularly partners over which WeWard has no control, or due to a case of force majeure, as defined by Article 1218 of the Civil Code. Force majeure includes notably: natural disasters, fires, strikes, outages, shortages, war, power cuts, failures in telecommunications networks, internet connectivity losses due to public or private operators.
Moreover, WeWard cannot be held liable for delays or failures in its contractual obligations resulting from circumstances beyond its reasonable control, including, but not limited to, 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 cannot be held liable for any indirect damages resulting from these Terms, loss of business, loss of profit, damages, or expenses, incidental, special, or consequential, regardless of the theory of liability invoked.
This limitation does not apply to WeWard's liability for:
- death or bodily injury caused by its negligence; or
- any damages resulting from fraud or fraudulent misrepresentation on its part.
Without prejudice to the exclusions of WeWard's liability referred to herein, WeWard's liability can only be engaged in the repair 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 their damage. The User acknowledges and agrees that claims for lost opportunities, losses as defined in an accounting sense, loss of productivity, contracts, and/or margin, loss of earnings or Wards, as well as the non-realization of expected savings or gains or any damage to their image cannot give rise to compensation.
Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some of the exclusions or limitations above may not apply to your situation, and you may benefit from additional rights.
To the extent permitted by applicable law, WeWard's liability toward its Users shall not exceed:
- the total amount you paid to WeWard during the three (3) months preceding the act, omission, or event that brought about liability; or
- the repair or penalty provided by the law under which the claim is made, whichever is the higher amount.
This cap does not apply to WeWard's liability for:
- death or bodily injury caused by its negligence; or
- any damages resulting from fraud or fraudulent misrepresentation on its part.
To facilitate their exchanges, the User admits that WeWard's computer systems and files will serve as evidence between them, unless the User provides contrary evidence of at least equal value.
Consequently, the files and records stored within the computer systems operated by WeWard or on its behalf in reasonably safe and reliable conditions may be validly used and produced as proof of the execution of these T&Cs, and more generally of any event, communication, or relationship occurring between the parties in connection with the User's use of the Services. WeWard may validly produce in any procedure, for the purpose of proving any act, fact, or omission, data, files, programs, recordings, or other elements, received, issued, or stored using the aforementioned computer systems, on any digital or analog medium, and rely on them, unless manifest error.
13.2 - Liability Related to 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 the purchase, search, use of Virtual Products, as well as all consequences that may arise therefrom. This includes, in particular, the experiences offered in augmented reality, for which you must be vigilant, remain attentive to your surroundings, and ensure that you interact in a safe and appropriate manner. You are also the sole judge of your physical ability to use the Services, and you accept that this use takes place at your own risk.
You agree to adopt respectful behavior toward other Users and people in the real world. In this regard, you prohibit any act of harassment, threats, or infringement of others' rights, as well as any attempt to intrude upon or penetrate private or public properties without authorization. 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 difficult-to-access place, you agree to assume all risks related to its use, including, but not limited to, any accidents caused by such location.
You are also solely responsible for any related direct or indirect accident occurring during the purchase, search, or use of the Virtual Products, whether you are walking, motorized, or transported, in a private or public location.
Transmitting Virtual Products to other Users (offer, exchange, or gift) is entirely at your risk and with full knowledge of the facts. Such transactions are irreversible. WeWard does not guarantee their outcome and disclaims all liability in case of disputes or losses related to such operations. It is strongly recommended to perform exchanges only on the WeWard platform and to be cautious in arrangements made outside of it. WeWard does not facilitate, mediate, or guarantee any exchange via social networks or other external channels.
WeWard, its employees, Suppliers, service providers, and subcontractors cannot be held liable for any incident relating to the purchase, search, use, or exchange of Virtual Products. You agree to defend, compensate, and hold harmless from any claims, losses, damages, costs, or other consequences resulting from the use of the Virtual Products.
13.3 Absence of Liability Related to Storage
Unless expressly agreed in writing by WeWard, it is under no obligation to store your content.
WeWard disclaims all liability regarding:
- the deletion or accuracy of user content, including your content;
- the failure to retain, transmit, or receive any user content;
- the security, confidentiality, retention, or transmission of communications related to the use of the Services.
Certain Services may allow you to set the access level applicable to your content.
You are solely responsible for choosing this access level.
In the 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 limitations, storage space, processing capacity, or any other restriction determined at its sole discretion.
13.4 Absence of Liability Related to Rewards
WeWard shall not be held responsible for your choice or use of the Rewards. Under no circumstances shall WeWard be held liable for any damage caused to the User or a third party due to the use of the Rewards. If you provide personal or financial information to a third party to receive a reward, WeWard disclaims all responsibility in this regard.
13.5 Absence of Liability Related to Interactions Between Users and User Content
User Responsibility. You are solely responsible for your interactions with other enrolled Users, as well as with any other person with whom you interact. That being clarified, WeWard reserves the right, without being obligated to, to intervene in such disputes.
You acknowledge that WeWard shall not be held liable for any consequences arising from these interactions.
Content Provided by Other Users. Unless mandated by public order, WeWard disclaims any liability regarding delays, deletion, improper transmission, or non-retention of any content, communication, or customization settings. WeWard has no obligation to monitor or verify this content, and does not approve, endorse, or guarantee in any way this 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 WeWard, as well as its parent companies, subsidiaries, affiliates, directors, employees, agents, partners, Suppliers, and licensors harmless from any loss, cost, liability, and expense (including reasonable attorney 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 the rights of a third party, including those of another enrolled 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 presenting any available defenses.
This provision does not require you to indemnify WeWard (or its parent companies, subsidiaries, affiliates, directors, employees, agents, partners, Suppliers, and licensors) in the case of abusive business practices on its part, or in the case of fraud, deception, false promise, misleading statement, concealment, or omission of a material fact related to the Services provided under these 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 Exclusion of Warranty
YOU ACKNOWLEDGE AND EXPRESSLY 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 DEFECTS.
YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS RELATED TO THE MAINTENANCE OR REPAIR OF THE EQUIPMENT USED IN CONNECTION WITH THE USE OF THE SERVICES.
WEWARD EXPRESSLY EXCLUDES ANY WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE 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, PROMPT, SECURE, OR ERROR-FREE;
(3) THE RESULTS OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE;
(4) SOME FEATURES, SUCH AS PHYSICAL 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 CONSTITUTE A WARRANTY NOT EXPRESSLY PROVIDED BY THESE T&Cs.
THE LIMITATIONS OF LIABILITY STATED ABOVE CONSTITUTE ESSENTIAL ELEMENTS OF THE BASIS OF THE TERMS OF USE BETWEEN YOU AND WEWARD.
Article 14 - Term of Contract - Termination
14.1 - Term of Contract
The T&Cs are subscribed for an indefinite duration from the moment of their initial acceptance by the User as described in Article 1 and remain applicable as long as you use the Services.
14.2 - Termination or Suspension of Relations by WeWard
WeWard may suspend or delete access to all or part of the Application and the Services in the event of non-compliance with these T&Cs by the User.
In this case, WeWard will notify this suspension and/or deletion of the Account to the User by email and summon them to cease this breach.
In the case of suspension, the User may correct the breach within three (3) days from the notification. After this period, and in the absence of satisfactory action from the User, WeWard may terminate the contractual relations with the User by right, without prejudice to any damages it may claim for the harm resulting from this situation.
This termination may occur without notice in the event 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 inactivity of 30 days or more.
14.3 - Termination of Relations by the User
The User may terminate their relationship with WeWard at any time, without charge or reason. To do this, they simply need to go to the Settings of the Application and click on the "Delete my account" option.
Within forty-eight (48) hours following the deletion of the Account, all or part of the User's data may be deleted from WeWard's databases and the User will no longer have access to the Application or the Services. The deletion of these data is done in accordance with WeWard's legal obligations and its commitments in the Privacy Policy.
In the event of the User's death, and upon providing the relevant supporting documents, the Account will be deactivated. Its content can only be transferred to rights holders by court decision or under the conditions provided by the regulations in force.
14.4 - Effects of Termination
Termination of a Service leads to the deletion of access to that Service and the possible prohibition of any future use of it. Termination of all Services also includes the deletion of your password and all information, files, and Content related to your Account (or part thereof), including your Content and the Wards. Upon termination, your right to use the Services ends immediately. You acknowledge that this termination may involve the deletion of your Content from WeWard's active databases. WeWard cannot be held liable, in any respect, for any suspension or termination, including in the event of deletion of your Content. All provisions of the T&Cs that, by their nature, must survive termination will remain in effect, including provisions relating to intellectual property, disclaimers of warranties, and limitations of liability.
14.5 - Prohibition of Re-registration
If your registration or access to the Services or any other WeWard community is interrupted due to a violation 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 a different username or in any other way. You also acknowledge that you will not be entitled to any refund of fees paid for Services to which access has been denied. In case of violation of this provision, WeWard reserves the right, at its sole discretion, to take one or all of the measures outlined herein, without prior notification.
Article 15 - Monitoring and Enforcement
WeWard reserves the right to:
(a) delete or refuse to publish all or part of your Content for any reason or without reason, at its sole discretion;
(b) take any action it deems necessary or appropriate regarding your Content, at its sole discretion, particularly if it believes that such Content infringes the provisions of the T&Cs, violates an intellectual property right or any other third-party right, threatens the safety of Users of the Services or the public, or is likely to engage WeWard’s liability;
(c) initiate any appropriate legal action, including reporting to the competent authorities any illegal or unauthorized use of the Services; and/or
(d) suspend or terminate your access to all or part of the Services for any reason or without reason, including, but not limited to, violations of the T&Cs.
If WeWard becomes aware of a possible violation of the T&Cs on your part, it reserves the right to initiate an investigation. If, following this investigation, WeWard finds that a criminal activity has been committed, it reserves the right to forward the file to the competent authorities and to fully cooperate with them.
Unless otherwise provided by applicable law, WeWard is authorized to disclose any information or element present 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, legal procedures, or requests from a public authority;
(ii) to enforce the T&Cs;
(iii) to respond to any claim that your Content infringes the rights of third parties;
(iv) to respond to your customer service requests; or
(v) to protect the rights, property, or personal safety of WeWard, its enrolled Users, or the public, as well as any representative of a public or judicial authority, if WeWard believes, in its sole discretion, that such action is necessary or appropriate.
Article 16 - Disputes
UNLESS PROVISIONS OF PUBLIC ORDER CONTRARY, THE FRENCH LAW OF CONSUMPTION APPLIES.
These T&Cs and their interpretation are governed by French law, without prejudice to applicable conflict of law rules, except for contrary rules of public order.
In case of issues, the User is invited to contact: contact@wewardapp.com
In accordance with Article L. 612-1 of the Consumer Code, the User is offered to resort to a mediator free of charge for the amicable resolution of any dispute with WeWard. The User is invited to contact WeWard to express their request, so that WeWard can provide the contact details of the mediation agency and the specific conditions for pursuing this mediation procedure.
Insert consumer mediator contact here.
In case of failure or refusal of mediation, any legal action will be brought before the competent jurisdiction in accordance with the provisions of the Code of Civil Procedure.
Article 17 - Contact
For any questions or information, Users can contact WeWard:
- either 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. Such references do not imply that WeWard intends to offer these 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 only American users:
Please read carefully the arbitration agreement contained in this section (“Arbitration Agreement”). It requires you to submit any dispute 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 from or related in any way to your access to the Services or their use, or to this Agreement and its prior versions, including disputes or claims arising prior to the effective date of this Agreement (each a "Dispute"), will be resolved by binding arbitration, not in a state court, except that: (1) you and WeWard may bring an action in a small claims court if the claim is within its jurisdiction; and (2) you or WeWard may seek an injunction or other equitable relief in the courts to protect our 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 organize a phone or video conference within forty-five (45) days of receiving notice of the Dispute, to try to reach an amicable resolution (“Informal Resolution Conference”). This step is a mandatory prerequisite before resorting to arbitration. The applicable statute of limitations is suspended 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 Right to a Jury Trial. YOU AND WEWARD EXPRESSLY WAIVE YOUR CONSTITUTIONAL AND LEGAL RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY. Disputes will be settled by arbitration as provided herein.
Waiver of Class Actions. EXCEPT AS EXPRESSLY STATED IN THE “CLASS ARBITRATION” SECTION, YOU AND WEWARD AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS. ALL CLASS ACTION, REPRESENTATIVE, OR CONSOLIDATED PROCEEDINGS ARE EXPRESSLY EXCLUDED UNLESS AGREED OTHERWISE. In case a court rules that this clause is invalid, the affected claim may be handled in court, with others being maintained in arbitration.
Governing Rules and Forum. The T&Cs constitute a contract under interstate commerce and are subject to the Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, as modified by this Agreement. If the AAA is unavailable, the parties will choose another forum. The arbitration will take place in the county of your residence.
The Arbitrator. The arbitrator will be a retired judge or a practicing attorney in the State of California, selected from the AAA consumer arbitrators list. In case of disagreement, the AAA will appoint the arbitrator following its rules or in accordance with the provisions in the “Class Arbitration” Section.
Powers of the Arbitrator. The arbitrator has exclusive jurisdiction to resolve any Disputes, including the interpretation and validity of this Agreement, except for the listed exceptions. They will not be able to consolidate Disputes, except as provided in the “Class Arbitration” Section. The arbitrator must issue a reasoned award and may grant damages.
Attorney Fees and Costs. Each party will bear its own attorney fees unless the claim is found to be frivolous or abusive. The prevailing party in an action to enforce arbitration may recover its reasonable fees.
Class Arbitration. If more than 100 similar claims are filed within a 30-day period, they will be aggregated into "classes" of 100, each being treated as a consolidated arbitration with a single arbitrator, a single procedural schedule, and a single judgment. This mechanism does not constitute authorization for class arbitration.
Right to Opt Out Within 30 Days. You can opt out of this Agreement within 30 days from your initial acceptance by writing to: contact@weward.fr and the above-mentioned postal address. Opting out does not affect the other provisions of the T&Cs.
Partial Invalidity and Limitation Period. If a clause is found to be invalid, the others shall remain in effect. You must initiate arbitration within the applicable limitation period, otherwise, your claim will be inadmissible.
Modification. In case of substantial modification to this Agreement, we will inform 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 Jurisdiction. The T&Cs are governed by the law of the State of New York, United States, including the Federal Arbitration Act. Any dispute not covered by arbitration shall be submitted to the courts located in New York County, New York.
Article 20 - General Provisions
Questions, complaints, and claims.
For any questions, complaints, or claims regarding the Services, please contact us at the following address: contact@weward.fr. We will strive to address your request promptly. If you feel that your request has not been fully taken into account, we invite you to let us know for further investigation.
Waiver.
The fact that WeWard does not exercise or delays in exercising a right or enforcing a provision of the T&Cs may not be interpreted as a waiver of that right or provision.
Severability.
If any provision of the T&Cs is held to be invalid or unenforceable, it shall be interpreted to best reflect the original intent of the parties, the remaining provisions remaining fully in 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 address provided is found to be invalid or does not allow, for any reason, delivery of a notice required by this Agreement, sending an email by WeWard to that address shall nevertheless constitute a valid notification. Any notice to WeWard must be addressed to: contact@weward.fr. A notice shall be deemed received upon actual receipt by WeWard, whether by registered mail, recognized courier service, or email.
Assignment.
The T&Cs, as well as your rights and obligations arising therefrom, cannot be assigned, subcontracted, transferred, or delegated by you without WeWard's prior written consent. Any attempt to assign or transfer in violation of this clause shall be deemed null and void.
The provisions below concern only American users:
Governing Law.
Any dispute, claim, or demand for relief related in any way to your use of the Services will be governed and interpreted in accordance with the law of the State of New York, consistent with the Federal Arbitration Act, without regard to conflict of laws principles. 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 authorized by the T&Cs to bring a lawsuit, 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, New York, United States.
Electronic Communications.
Exchanges between you and WeWard may be done electronically, whether you access the Services, send an email to WeWard, or WeWard publishes a notice on the Services or contacts you by e-mail. For contractual purposes, you:
(a) consent to receive communications from WeWard in electronic form; and
(b) agree that all contracts, notices, information, and other communications WeWard provides to you electronically satisfy any legal requirements as if they were made in writing.
This provision does not affect your legal rights, including those provided by 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's (Specially Designated Nationals) or 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 subject to embargo or designated as a state sponsor of terrorism by U.S. authorities, and
(ii) you are not on any prohibited or restricted persons list.
You also agree not to use the Services for prohibited purposes under U.S. law, such as the design, manufacture, or use of nuclear, chemical, biological weapons, or missiles. You acknowledge that WeWard's products, services, or technologies may be subject to U.S. export control laws, and you agree to comply with them.
Consumer Claims (California).
In accordance with California Civil Code §1789.3, you may direct any complaints 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 phone at (800) 952-5210.