Terms and Conditions

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

Last updated: September 4, 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 obtain points (the "Wards") awarded according to actions or features promoted within the Application. For example, a User may be credited Wards based on the number of steps taken or on the occasion of bonus actions within the Application.
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Wards allow the unlocking of 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, headquartered at 111 Avenue Victor Hugo, Paris (75016), registered with the Paris Trade and Companies Register under number 85361417000035 ("WeWard" or "we").

These T&Cs set out your conditions of access to and use of the Site and the Application. For the purposes of these T&Cs, all capitalized terms have the meanings attributed 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 resolved through binding and final arbitration.

Unless you opt out of this arbitration agreement:

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

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

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

Article 1 - Definitions

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

E-vouchers: refers to gift cards available on the Gifts page of the Application that can be purchased and used with 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 dedicated to the User on the Application, which they access by registering and logging into the Application after accepting 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 designate virtual items, E-vouchers, or privileges on WeWard.

Reward(s): refers to all possibilities offered to the User in exchange for the use of Wards, such as 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 via the Website and the Application.

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

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

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

Wards: refers to points accumulated that can be used only within the Application, notably to unlock the Rewards displayed in 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 be able to consent alone to the processing of your personal data. We reserve the right to request any document that proves the identity and age of the person creating the Account;
• All information you provide during registration is accurate, complete and up to date;
• You are not subject to a prohibition on accessing the Services under the laws of your country of residence or any other applicable jurisdiction.

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

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

When registering on the Application, the User also declares that they have 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 may also 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. In such a case, the User must authorize WeWard to use the data transmitted by the third-party service. For more information on 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 Service 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 of use.

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

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

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

If a third-party account or 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 procedure of the third-party provider.

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

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

Article 3 - Acceptance of the T&Cs

3.1 - Acceptance

When creating the Account, the User is free to check the box "I accept the terms and conditions of use and I certify that I meet the legal age required to use the Services".

Acceptance by ticking such a box constitutes proof that the User has read, via the Application, our T&Cs and constitutes unconditional agreement.

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 set out in Article 3.3. These various documents will be incorporated into these T&Cs.

3.2 - Enforceability

These T&Cs come into effect on the date they are published online and are enforceable:

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

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

3.3 - Changes

We reserve the right, at our sole discretion, at any time and without notice, to adapt or modify these T&Cs. In the event of a change, 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 may do so for various reasons, including to reflect non-substantial changes or changes required by law, new features, or changes in business practices.

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

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

Any use of the Application and/or Services after the enforceability period (Article 3.2) constitutes acceptance. You are therefore advised to consult the T&Cs regularly to be aware of the current version.

You acknowledge that the continued provision of Services by WeWard constitutes sufficient consideration for acceptance of the T&Cs changes.

Article 4 - Conditions of access to the Services

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

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

Access to the Application is free (except for connection and telecommunication costs borne by the User).

Our Services aim to motivate Users' physical activity and everyday actions in a playful and interactive way. Under no circumstances should our Services be construed as providing a source of income or professional earnings.
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Access to our Services is only permitted for strictly personal and private use. WeWard is in no way responsible for any procedures that may apply to obtaining and/or receiving Rewards (reporting, taxation, duties, etc.). Consequently, the User is prohibited from using the Application in a professional, commercial context or in the interest of any activity competitive 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 accept sharing their geolocation and/or tracking their physical activity through the native sensors of their smartphone or connected devices. Otherwise, the User may not be credited Wards, particularly for those requiring step counting or visits to recommended places. For more information on the data we collect from you and how we use it, please consult our Privacy Policy.

We reserve the right, without notice, notification, or compensation, to temporarily or permanently close all or part of the Application or remote access to the Services, for example to perform an update, maintenance operations, changes to operational methods, servers, or availability windows. In the event of an unplanned interruption due to an anomaly, we commit to take reasonable steps to restore accessibility and proper functioning of the Application.

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

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

Article 5 - 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 to WeWard (including when creating or updating the Account) false, misleading, untrue 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 review sites, for example Apple Store, Google Play or Trustpilot;
• not use the Services for harmful or malicious purposes, for example by hacking or inserting malicious code, including viruses, or harmful data, into the Application or the Website;
• not impair the proper functioning of the Services;
• not attempt to circumvent Service mechanisms to unduly obtain Wards or Rewards;
• not harm WeWard's rights or image;
• not use the Services to harm WeWard in general;
• not use the Services for illegal purposes or purposes prohibited by these T&Cs;
• not make unauthorized communications available on the Site or Application (unsolicited advertising, mass mailings such as spam, junk mail or any other intrusive unauthorized electronic communication).

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 Services and Application features.

The User is responsible for preserving, using and keeping confidential their identifiers and password.

The User agrees to immediately notify WeWard of any communication to third parties, theft or compromise of their password.

The User also acknowledges being solely responsible for complying with all laws, regulations and obligations applicable to their use of the Application and 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 the event of fraud. The User will be informed.

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

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

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

When necessary, the User will be notified of such measures and may submit comments. Comments must be sent using the methods described in Article 17 "Contact." WeWard will decide, at its sole discretion, whether to lift the measures implemented or not.
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Measures implemented will 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 - Wards

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 correspond to points usable only within the Application enabling the unlocking of 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's balance (the "Wards balance").

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

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

The number of Wards awarded 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 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 randomness without any purchase obligation (promotional sweepstakes). In the event of a win, the corresponding number of Wards will be credited to the Wards balance. The features concerned and the conditions applicable to these sweepstakes will be detailed in the Application.

The awarding of Wards through certain features available in the Application may require the purchase of a good or service provided by a third party on one of WeWard's partner sites. The number of Wards awarded in this 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 thus usable when the partner site has informed WeWard of the completion of the promoted action (visit, purchase, subscription, event participation, etc.). The User is informed that Wards credited may later be withdrawn 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 linked to WeWard Services;
• The products purchased or services subscribed to are not eligible for the promotion.

A User may be credited Wards by referring other users, participating in the Application referral program. The referral awarding terms and the maximum number of Wards to be awarded under the referral program may change and the terms will be detailed in the Application. We reserve the right to end the referral program as well as the right to deactivate a referral code, notably if it appears on a review site.
We reserve the absolute right and discretion to determine and modify from time to time the physical movements eligible for Wards, the movement verification algorithms and the quantities of movements verified that Users must perform to be awarded Wards using 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 data reported by partners in the context of purchases, quests or surveys, and generally through any transmission of information over communication networks such as the Internet, is subject to technical constraints resulting from technologies beyond WeWard’s control. Despite the care taken by WeWard in verifying data, inaccuracies or absence of data received cannot engage WeWard's liability. Thus, WeWard cannot be held liable for any errors, interruptions, unavailability or inaccuracies of information. WeWard also reserves the right to retroactively modify Wards credited to a User when an error or fraud has occurred.

7.2 - The Wards balance

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

The Wards balance is not a bank account or any payment instrument or service. It functions as a points program enabling the obtaining of Rewards.

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

Wards must be obtained and used in accordance with these T&Cs. WeWard has final authority to decide whether a feature entitles Users to Wards. Wards will not be granted and may be withdrawn at WeWard’s discretion, in particular in case of suspected fraudulent use of any part of the Services.

We may modify or impose different limits on the balance and use of the Wards balance at any time. If modified, you will be informed. Continued use of your Account after the enforceability date (Article 3.2 of the T&Cs) of the changes will constitute your acceptance of those changes in full. IF YOU DO NOT ACCEPT THESE CHANGES, PLEASE STOP USING OUR SERVICES. In that case, WeWard will not be required to refund, exchange or offer any monetary compensation for Wards remaining in your Wards balance.

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

7.3 - Rewards

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

Access to a Reward requires holding a specified number of Wards displayed in the Application. Unless expressly provided and displayed in the Application, the User cannot obtain the displayed Reward if they do not hold 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 choice and use of Rewards are the sole responsibility of the User.

The Application allows obtaining 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 during a limited period and within the limits of the maximum number of participants and/or quantities displayed in the Application. Access modalities (start date and time, duration, number of admitted participants, quantities, etc.) will be detailed in the Application. In the event of successful use of the Wards balance to obtain displayed Rewards, the User will be immediately informed of the effective use of the balance and of the attribution or dispatch of the Reward. Depending on the Reward, participation in certain operations may be reserved for adults. WeWard reserves the right to verify the User's age.
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Cash prize Rewards. To access Rewards available as cash prizes, it is necessary to provide WeWard a bank account or payment service details such as PayPal. The User may also be required to verify their identity before receiving these prizes. If the User refuses to provide the information necessary for such verification, the Reward may be canceled. WeWard reserves the right to carry out any checks it deems necessary regarding the User's identity and/or age. WeWard cannot be held liable if the information provided is incorrect, does not correspond to the User, or if, for any other technical reason, the cash prize cannot be correctly delivered. The User acknowledges and accepts that it is not WeWard’s responsibility to verify the accuracy of the information provided. In addition, all banking fees, including those related to receiving a cash prize, will be borne entirely by the User.

Advertising sweepstakes. Unlocking certain Rewards available in the Application may be subject to the use of all or part of the Wards balance as well as to randomness without financial sacrifice. In the event of a win, the User will be informed of the win and of the attribution of the Reward or of the modalities for sending or routing the Reward. Note: Participation in some of these operations and/or the awarding of certain Rewards may be reserved for adults. For more information, please refer to the participation conditions for the relevant sweepstakes, accessible from the Application or from the relevant broadcast support. WeWard reserves the right to verify the age of the User to whom the win is to be awarded.

Participation in Communities. The Application allows you to join Communities. As a User, in certain Communities you can choose to "walk for" that Community, i.e., to allocate all or part of the Wards generated by your walking activity to a cause or project carried by the Community administrator you join. These Communities are managed by other Users of the Application.

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

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 allocation of Wards pending investigation without WeWard 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 pool. These projects are carried by third-party partners (associations, foundations, etc.), selected by WeWard and presented within the Application.

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

We invite you to consult project descriptions in the Application for more information. In case of default by a partner, WeWard reserves the right to allocate the funds to another initiative without being liable.

For all Rewards. The unlocked Reward will be granted as is. It cannot be refunded in cash, exchanged or converted into any monetary equivalent or compensation for amounts that the User might owe 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 on the Application. The User acknowledges that WeWard assumes no obligation to accept returns, exchanges or refunds in relation to 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 reason and without WeWard being liable.

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

The number of Wards required to obtain a reward may vary depending on different factors. We reserve the right to adjust these amounts at any time, notably as part of tests, 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 acquisition modalities for 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 irreversible. You perform 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 conditions set by WeWard.

Virtual Products may be obtained in various ways, including:

• By performing a certain number of steps;
• By completing a challenge;
• By visiting 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 to use the Virtual Product exclusively within the Services, for as long as we provide these Services. This purchase does not confer any ownership right in the Virtual Product (the "License"). The User acknowledges that they do not acquire any ownership 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 involving Virtual Products not authorized by WeWard, whether for real money, goods, credits or any other exchange value. Any attempt at such sale, transfer or exchange 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 possible 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 possibility 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 change and will be detailed in the Application.

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

In case of display of an incorrect price, manifestly derisory (very low price), whatever the reason (software bug, manual error, technical error), the order — even 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 Terms and Conditions of Sale (CGV) of the Application. IF YOU DO NOT ACCEPT THE T&Cs AND THE CGV, DO NOT USE THE E-VOUCHERS.

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

In all circumstances, the User must act fairly in the participation and use of Wards.

The User agrees not to voluntarily transmit 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 circumvention methods to accumulate Wards such as:

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

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

Article 8 - Premium and in-app purchases

The User may obtain a Premium Status within the Application. This status allows access to exclusive benefits, such as Virtual Products or additional Wards. Details relating to the Premium status content and conditions are available on the User’s profile page and 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 CGV;
• By completing specific actions in the Application, allowing accumulation of qualifying Wards. The amount of qualifying Wards required and the obtaining conditions are specified in the Application and in the FAQ and may be modified at any time.

A registered User who obtains 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 policy and/or any other applicable payment conditions.

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

• 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/

In no event shall WeWard be liable for the actions or inactions of a third-party payment provider, including, but not limited to, service interruptions, system outages 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 the prices of Virtual Products or the Premium subscription at its sole discretion and may add new products requiring additional payments.

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

All payments are non-refundable. If you cancel your subscription, Premium benefits 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 conducted as part of tests. Consequently, some Users may see different prices for the same service depending on various factors.

8.3 Automatic renewal

Premium subscription is automatically renewed until canceled. The User may modify or cancel their subscription at any time through 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 trial period ends to avoid being charged. After that period, the subscription will automatically renew under the defined conditions.

8.5 Suspension and termination of Premium Status

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

8.6 User responsibilities regarding payment

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 exclusive responsibility of the User.

WeWard reserves the right to modify 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 they are solely responsible for all payments made via their account, including in the event of unauthorized use, except proven fault by WeWard. It is the User's responsibility to secure access to their payment methods and personal account.

Article 9 - Intellectual property

The Application, trademarks, logos and any other distinguishing signs of WeWard and/or its partners, as well as any software used to provide the Service, and the contents of the Application (i.e., any text, video, photograph 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 hold no ownership rights in the Application, including administration of your Account. All rights related to the Application remain the exclusive property of WeWard and will continue to belong to it at all times.

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

The User agrees to:

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

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

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

The Website and the Application may contain links or content from services not operated by us and which provide additional content or features. The content of these third-party services is governed by the terms of use and privacy policies of the relevant third-party service providers, who are solely responsible. WeWard is not responsible for the availability or accuracy of third-party services or for services, products or content available from those services. Inclusion of links to or use of third-party services does not constitute WeWard’s endorsement of those services. For more information, we invite you to consult the terms of use and/or privacy policies of the relevant third-party services.

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

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

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

Suggestions and feedback: You agree that submitting ideas, suggestions, documents or proposals to WeWard, including via suggestion pages, forums or wikis (collectively, "Feedback"), is done at your own risk, and the Company assumes no obligations, including confidentiality, with respect to such contributions.

You represent and warrant that you hold all necessary rights 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 exploit commercially or otherwise the submitted Feedback and sublicense these rights, in connection with the operation or maintenance of the Services or WeWard’s business.

Article 10 – Illegal content

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

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

In accordance with French Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, WeWard is committed to combating the dissemination of illegal content on its Application. Content is considered illegal if it is pornographic involving minors, incites racial hatred, violence or discrimination, is defamatory, abusive or infringes on privacy, violates 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) reasons why the content is considered illegal and (iii) the reporter’s contact details.

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

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

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

Article 11 - No medical advice

The WeWard Application allows tracking and verifying the quantity and frequency of 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. WeWard is not a licensed healthcare 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 changing an exercise regimen or program. The WeWard Application is not a tool for diagnosing or preventing diseases. 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 on the data we collect from you and how we use it, please consult our Privacy Policy.

Article 13 – Liability

13.1 - Use of the Application and the Website

Unless otherwise required by public order, given the inherent IT and telecommunications technical constraints of using the Application and the Website, WeWard's liability cannot be engaged for damage caused by a malfunction of one or more steps of access to the Application and/or the Service offered, due notably, but not exclusively, to Internet-related inconveniences such as service outages, external intrusions, presence of computer viruses or malfunction of any nature. The User is invited to report without delay to WeWard any difficulty they encounter while using the Application.
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WeWard does not guarantee optimal functioning of the Application if the version used does not correspond to the latest version of the Application on download platforms (Google Play and Apple Store). WeWard's liability cannot be engaged for damage caused by a malfunction on an earlier version of the Application.
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If WeWard has legitimate reasons to believe that the Application’s security is compromised or that misuse of the Service results from unauthorized use of the User’s identification data, WeWard may temporarily deactivate 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 according to its purpose and not to engage in illegal, unfair, dishonest or fraudulent practices of any kind, notably aimed at artificially obtaining a number of Wards greater than those corresponding to actual physical activities and visits to places made.

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

Furthermore, WeWard cannot be held liable for any delay or failure in fulfilling its contractual obligations 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 transport, energy, labor or raw materials.

In addition, WeWard’s liability cannot be engaged for all indirect damages arising from these terms, 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 by WeWard.
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  Without prejudice to the exclusions of liability set out in these T&Cs, WeWard’s liability can only be engaged to compensate for 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 loss of chance, accounting operating losses, productivity losses, contract losses and/or margin losses, loss of profits or Wards, the non-realization of savings or expected 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 exclusions or limitations above may not apply to you and you may have additional rights.

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

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

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 by WeWard.

To facilitate communications between the parties, the User acknowledges that WeWard’s IT systems and records will be considered authoritative between them, unless the User provides contrary proof of at least equal value.
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Accordingly, computer files and records stored within systems operated by WeWard or on its behalf 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 produce, validly in any proceedings, for evidentiary purposes any data, files, programs, recordings or other elements received, sent or stored by means of the said computer systems, on any digital or analog medium, and rely on them, barring manifest error.

13.2 - Liability related to Virtual Products

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

You acknowledge you are solely responsible for the purchase, search for and use of Virtual Products, as well as all consequences that may result therefrom. This includes augmented reality experiences, for which you must remain vigilant, pay attention to your environment and interact safely and appropriately. You are solely responsible for judging your physical fitness to use the Services and accept that such use is at your own risk.

You agree to behave respectfully towards other Users and people in the real world. To this end, you must not engage in harassment, threats or infringement of others' rights, nor attempt unauthorized intrusion or entry into private or public properties. You acknowledge that certain experiences or situations may carry 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 in connection with the purchase, search for or use of Virtual Products, whether 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 is irrevocable. WeWard does not guarantee their outcome and disclaims any liability in case of disputes or loss related to such operations. It is strongly recommended to perform exchanges only on the WeWard platform and to exercise caution in arrangements outside of 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 for storage

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

WeWard disclaims all liability regarding:

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

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

You are solely responsible for choosing that access level.

Absent an 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 will WeWard be liable for any damage caused to the User or to a third party resulting from the use of Rewards. If you provide personal or financial information to a third party to receive a reward, WeWard disclaims any liability in this respect.

13.5 No liability related to interactions between Users and User Content

User responsibility. You are solely responsible for your interactions with other registered Users and any other person you interact with. That said, WeWard reserves the right, without being required, to intervene in such disputes.

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

Content provided by other Users. Except as required by public order, WeWard disclaims any liability for delays, deletion, misdelivery or failure to store any content, any communication or personalization settings. WeWard has no obligation to monitor or verify such content, and does not endorse, approve or guarantee any 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 attorney fees) arising out of or related to:
(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 control of the defense and settlement of any matter for which you would otherwise be required to indemnify WeWard; in that event, you agree to cooperate fully with WeWard in asserting any available defenses.

This provision does not require you to indemnify WeWard (or its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, suppliers and licensors) in the event of its abusive business practices, or in case of fraud, deception, false promise, fraudulent 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 will survive any termination of your Account and/or access to the Services.

13.7 Disclaimer of warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU USE THE SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH MAINTENANCE OR REPAIRS OF EQUIPMENT USED IN CONNECTION WITH 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 USING THE SERVICES WILL BE ACCURATE OR RELIABLE;
(4) CERTAIN FEATURES, SUCH AS PHYSICAL ACTIVITY TRACKING, GEOLOCATION, PURCHASES, REWARDS OR THEIR USE, WILL WORK CORRECTLY AT ALL TIMES.

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

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

Article 14 - Duration of the contract - Termination

14.1 - Contract duration

The T&Cs are entered into for an indefinite period from their first acceptance by the User as 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 in case of the User’s non-compliance with these T&Cs.

In such a case, WeWard will notify the User of this suspension and/or deletion of the Account by email and will put them on notice to cease 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 this period, and absent satisfactory action by the User, WeWard may terminate the contractual relationship with the User by operation of law, and subject to any damages it may claim as compensation for the prejudice resulting for it from this situation.
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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 a User’s Account after a period of total inactivity of thirty (30) days or more.

14.3 - Termination by the User

The User may terminate the relationship with WeWard at any time, free of charge and without reason. To do so, they simply need to go to the Application Settings and click on "Delete my account".
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Within forty-eight (48) hours after deleting the Account, 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 commitments in the Privacy Policy.
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In the event of the User’s death, and upon presentation of relevant supporting documents, the Account will be deactivated. Its content may only be transmitted to heirs by court order or under conditions provided by applicable law.

14.4 - Effects of termination

Termination of a Service results in removal of access to that Service and possible prohibition of any future use of it. Termination of all Services also includes deletion of your password and all information, files and Content related to your Account (or part of it), including your Content and Wards. Upon termination, your right to use the Services ends immediately. You acknowledge that such termination may result in the deletion of your Content from WeWard’s active databases. WeWard will not be liable in any way for any suspension or termination, including 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 and limitation of liability.

14.5 - Prohibition of re-registration

If your registration or access to the Services or another 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 another username or by any other means. You also acknowledge that you will not be entitled to any refund of fees paid for Services to which access has been denied. In case of breach of this provision, WeWard reserves the right, at its sole discretion, to take immediately any or all of the measures set forth herein, without prior notice.

Article 15 - Monitoring and Enforcement

WeWard reserves the right to:
(a) remove or refuse to publish any or all of your Content, for any reason or no reason, at its sole discretion;
(b) take any action it deems necessary or appropriate regarding your Content, at its sole discretion, including if it believes such Content violates the T&Cs, infringes an intellectual property right or any other third-party right, threatens the safety of Service Users or the public, or is likely to expose WeWard to liability;
(c) take any appropriate legal action, including reporting to competent authorities any illegal or unauthorized use of the Services; and/or
(d) suspend or terminate your access to any or all of the Services, for any reason or no reason, including, without limitation, in case of T&Cs violations.

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

Unless otherwise provided 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 connection with your use of the Services for the following purposes:
(i) to comply with applicable laws, legal process 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, and any representative of public or judicial authority, if WeWard reasonably believes such action is necessary or appropriate.

Article 16 - Disputes

UNLESS OTHERWISE REQUIRED BY PUBLIC ORDER, FRENCH CONSUMER LAW APPLIES.

These T&Cs and their interpretation are governed by French law, without prejudice to applicable conflict of law rules, except 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 option 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 contact details of the mediation organization and the precise conditions for such mediation.

If mediation fails or is refused, any legal 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 may contact WeWard:

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

Article 18 - International access

The Services are accessible from many countries worldwide 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 those Services or Content in your country.

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

Article 19 - Arbitration Agreement

This article applies only to US users:

Please read carefully the arbitration agreement set forth in this section ("Arbitration Agreement"). It requires you to submit disputes with us to arbitration and limits how you can seek relief.

Scope of the Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and WeWard agree that any dispute, claim or controversy arising out of or relating in any way to your access to or use of the Services, or to this Agreement and its prior versions, including disputes or claims that arose before the effective date of this Agreement (each a "Dispute"), will be resolved by binding arbitration, and not by a state or federal court, except: (1) you and WeWard may bring an action in small claims court if the claim is within its jurisdiction and remains there; and (2) you or WeWard may seek injunctive or equitable relief in court for alleged infringement of intellectual property rights (such as trademarks, trade secrets, patents, copyrights). The term "Dispute" also includes disputes that arose 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 video conference within forty-five (45) days of receipt of the Dispute notice to attempt to reach an amicable settlement ("Informal Resolution Conference"). This step is a mandatory prerequisite before any arbitration. The applicable statute of limitations is tolled during this phase. Notice must be sent by mail or email to: contact@weward.fr or 111 Avenue Victor Hugo, 75016 Paris, France.

Waiver of jury trial. YOU AND WEWARD EXPRESSLY WAIVE YOUR CONSTITUTIONAL AND LEGAL RIGHT TO SUE IN COURT AND TO A JURY TRIAL. Disputes will be resolved by arbitration as provided in this Agreement.

Waiver of class actions. EXCEPT AS PROVIDED IN THE "BATCH ARBITRATION" SECTION, YOU AND WEWARD AGREE THAT EACH MAY ONLY BRING CLAIMS ON AN INDIVIDUAL BASIS. ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING IS EXPRESSLY WAIVED, UNLESS AGREED OTHERWISE. If a court finally invalidates this clause, the affected claim may proceed in court while the remaining claims remain subject to arbitration.

Governing rules and forum. The T&Cs constitute an interstate commerce contract and are governed by the Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Agreement. If the AAA is unavailable, the parties will select another forum. Arbitration will take place in the county where you reside.

The arbitrator. The arbitrator will be a retired judge or a practicing attorney in the State of California chosen from the AAA consumer arbitrator list. In case of disagreement, the AAA will appoint the arbitrator per its rules, or as provided in the "Batch Arbitration" section.

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

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

Batch arbitration. If more than 100 similar claims are filed within a 30-day period, they will be grouped into "batches" of 100, each batch being treated as a consolidated arbitration with a single arbitrator, single procedural schedule and single award. This mechanism is not an authorization of class arbitration.

Opt-out right 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 clause is found invalid, the others remain in force. You must initiate arbitration within the applicable statute of limitations; otherwise your claim will be time-barred.

Modification. In case of a material modification to this Agreement, we will notify you. If you do not accept the modification, you have 30 days to object in writing. Continued use constitutes acceptance.

Governing law and jurisdiction. The T&Cs are governed by the laws of the State of New York, United States, including the Federal Arbitration Act. Any dispute not subject to arbitration will be submitted to the 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 handle your request promptly. If you feel your request has not been fully addressed, please let us know for further investigation.

Waiver.
WeWard’s failure or delay in exercising any right or enforcing any provision of the T&Cs shall not be construed as a waiver of such right or provision.

Severability.
If any provision of the T&Cs is held invalid or unenforceable, it shall be construed in a manner that best reflects the parties’ original intent, and the remaining provisions shall remain 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, incapable of receiving a notice required by this Agreement, sending an email by WeWard to that address will still 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 or email.

Assignment.
The T&Cs, and your rights and obligations hereunder, 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 demand arising out of or related in any way to your use of the Services will be governed and interpreted 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 a court action, you and WeWard agree that any dispute or claim arising out of or relating to the T&Cs will be brought exclusively in the state or federal courts located in New York County, New York, United States.

Electronic communications.
Communications between you and WeWard may be electronic, whether you access the Services, send an email to WeWard, or WeWard posts notices on the Services or contacts you by email. For contractual purposes, you:
(a) consent to receive communications from WeWard electronically; and
(b) agree that all contracts, notices, disclosures and other communications 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 US export control laws. In particular, the Services may not be exported or re-exported to: (a) countries under US embargo; or (b) persons listed on the U.S. Treasury Department (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 under embargo or designated as supporting terrorism by US authorities, and
(ii) you are not listed on any prohibited or restricted persons list.
You also agree not to use the Services for purposes prohibited by US law, such as the design, manufacture or use of nuclear, chemical, biological weapons or missiles. You acknowledge that products, services or technologies provided by WeWard may be subject to US export control laws and you agree to comply with them.

Consumer claims (California).
Pursuant to §1789.3 of the California Civil Code, you may file a complaint with 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.