Terms and Conditions

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

Last updated: November 25, 2025

Preamble

We have developed the WeWard mobile application to encourage Users to favor walking in their daily travel, for health and environmental reasons.
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The App allows Users to earn points (the "Wards") awarded based on actions or features promoted within the App. For example, a User may be granted Wards according to the number of steps taken or as part of bonus actions within the App.
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Wards allow unlocking the Rewards displayed within the App, 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 App”) are published by WEWARD, a simplified joint-stock company with share capital of €1,203.32 with its registered office at 111 Avenue Victor Hugo, Paris (75016), registered with the Paris Trade and Companies Register under number 85361417000035 ("WeWard" or "we").

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

Information for US users:

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

Unless you opt out of this arbitration agreement:

1. You will be permitted to bring claims against us only 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 a trial before a 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 of Sale (CGV), available via this link. Use of these services implies prior acceptance of those Terms of Sale.

Article 1 - Definitions

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

E-vouchers: refers to gift cards available on the App’s gift page 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 App, accessed by registering and logging into the App after accepting the T&Cs.

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

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

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

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

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

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 App, holder of an Account.
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Visitor: refers to any person visiting the Services but not having User status.

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

Article 2 - Registration and Account Creation

2.1 - Registration Conditions

By accessing the Services, you represent and warrant that:

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

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

When creating the Account, the User acknowledges having read and accepts these T&Cs in full.

When registering on the App, the User also acknowledges having read our Privacy Policy, incorporated herein by reference.

2.2 - Account Creation

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

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 where applicable. In such an event, the User must authorize WeWard’s use of the data transmitted by the third-party service. For more information about the data we collect from you and how we use it, please consult our Privacy Policy.

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

If you access the Services via a third-party provider (as part of the Services features or the mobile App), 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 such access without breaching the third-party provider’s terms of use or imposing financial liability on WeWard or restrictions on its use.

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

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

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

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

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

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

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 and I certify that I am of the legal age required to use the Services".

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

IF YOU DO NOT ACCEPT ALL THE TERMS OF THE T&Cs AND YOU REFUSE TO BE BOUND BY THEM, PLEASE DO NOT USE OUR SERVICES AND DELETE YOUR ACCOUNT IF APPLICABLE.

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

3.2 - Enforceability

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

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

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

3.3 - Changes

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

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

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

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

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

Article 4 - Conditions of access to the Services

Access to our Services requires an Account on the App.

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

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

Our Services are designed to motivate Users’ fitness efforts and daily activities in a playful and interactive way. Under no circumstances should our Services be considered as services that provide a source of income or as professional income.
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Access to our Services is only possible for strictly personal and private use. WeWard is in no way responsible for any procedures that may apply to obtaining and/or receiving Rewards (declarations, taxation, duties, etc.). Consequently, the User is prohibited, in particular, from using the App in a professional, commercial context or in the interest of an activity competing with WeWard. Any breach of this provision may lead to Account closure.

The User is informed that to benefit from certain Services available in the App, they may be required to agree to share their geolocation and/or monitoring of their physical activity via native sensors on their smartphone or connected devices. Otherwise, the User may not be awarded Wards, notably for those requiring step count calculation or tracking visits to recommended locations. For more information about the data we collect from you and how we use it, please consult our Privacy Policy.

We reserve the right, without prior notice, without notification or compensation, to temporarily or permanently close all or part of the App or remote access to the Services, notably to perform updates, maintenance operations, modifications or changes to operational methods, servers or accessibility windows. In case of unplanned interruption due to a malfunction, we commit to taking reasonable measures to restore accessibility and proper functioning of the App.

The Services may evolve. As a result, 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 undertakes to use the App and the Services only under the conditions defined herein.

The User in particular agrees to:

• not use the App or the Services for professional, commercial or profit-making purposes;
• not provide WeWard (including when creating or updating the Account) with false, misleading, untruthful or fraudulent information;
• not open more than one Account on the App and not open an Account on behalf of a third party;
• not use another User’s Account, share an Account with another User or manage multiple User Accounts;
• not publish referral codes on a review publication site, such as 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 App or the Website;
• not impair the proper functioning of the Services;
• not attempt to circumvent the Service mechanisms to unduly obtain Wards or Rewards;
• not infringe WeWard’s rights or image;
• not use the Services to harm WeWard generally;
• not use the Services for illegal purposes or purposes prohibited by these T&Cs;
• not make available on the Site or the App unauthorized communications (unsolicited advertising, mass mailings such as spam, junk mail or any other intrusive unauthorized electronic communication).

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

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

The User is responsible for preserving the confidentiality and use of their identifiers and password.

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

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

Article 6 - Account Suspension, Access Limitation and Termination

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

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

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

In case of the User’s breach of these T&Cs, notably the obligations detailed in Article 5, or if we have legitimate reasons to believe that this is necessary to protect our security, integrity, that of other Users or third parties, or for fraud prevention purposes, we reserve, in particular, the right to:

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

Where necessary, the User will be notified of such a measure and may submit observations. Observations must be addressed according to the modalities mentioned in Article 17 "Contact." WeWard will decide, at its sole discretion, whether to lift the measures implemented or not.
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Measures taken will be without prejudice to damages that may be claimed from the User as compensation for losses incurred due to a breach of the T&Cs.

Article 7 - Wards

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

7.1 - Awarding Wards

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

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

• by a validated and verified physical movement (for example, steps);
• when visiting geographic locations referenced on the WeWard App;
• by completing quests (such as downloading a mobile app, subscribing to a service....);
• by answering surveys;
• by specific actions on a bonus page (if applicable, the terms will be specified in the App)
• 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 registers an Account.

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

The awarding of Wards through certain features available in the App may be subject to chance without purchase or financial sacrifice (promotional sweepstakes). 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 sweepstakes will be detailed in the App.

The awarding of Wards through certain features available in the App 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 App. The number of Wards may vary depending on Users or 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 informs WeWard of the completion of the promoted action (visit, purchase, subscription, participation in events, etc.) The User is informed that the number of Wards that have been awarded may subsequently be removed from the Wards balance for various reasons such as:

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

The User may be awarded Wards by referring others to register, by participating in the App’s referral program. The terms and conditions of referral awarding and the maximum amount of Wards to be awarded under the referral program may evolve and will be detailed in the App. We reserve the right to terminate the referral program as well as the right to disable a referral code, notably if it appears on a review site.
We reserve the right and absolute discretion to determine and modify from time to time which physical movements are eligible for Wards, the movement verification algorithms and the amounts of verified movements that Users must perform to be awarded Wards using the App. For example, we may modify 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 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, are subject to technical constraints arising from technologies beyond WeWard’s control. Despite WeWard’s careful verification of data, inaccuracies or absence of received data 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 retrospectively modify Wards awarded 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 neither a bank account nor any payment instrument or service. It operates as a points program allowing the obtaining of Rewards.

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

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

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

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

7.3 - Rewards

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

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

To obtain a Reward, the User must follow the instructions in the "Rewards" section of the App. The selection and use of Rewards are the sole responsibility of the User.

The App allows obtaining Rewards as part of operations requiring the use of all or part of the Wards balance. The nature of the Rewards (virtual item, gift card, partner discount code, cash prize, good or service) is specified in the App. Certain options for using the Wards balance may require spending Wards within a limited period and up to the maximum number of participants and/or quantities displayed in the App. Access conditions (start date and time, duration, number of participants admitted, quantities, etc.) will be detailed in the App. Upon 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 allocation or dispatch of the Reward. Depending on the Reward, participation in certain operations may be restricted to adults. WeWard reserves the right to verify the User’s age.
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Rewards as 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 receiving such prizes. If the User refuses to provide the information needed for such verification, the Reward may be canceled. WeWard reserves the right to carry out any checks it deems useful regarding the identity and/or age of the User. 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 properly delivered. The User acknowledges and accepts that it is not WeWard’s responsibility to verify the accuracy of the information provided. Additionally, all bank fees, including those related to receiving a cash prize, will be borne entirely by the User.

Promotional sweepstakes. Unlocking certain Rewards available in the App may be subject to the use of all or part of the Wards balance and to an element of chance without financial sacrifice. In case of a win, the User will be informed of the win and of the allocation of the Reward or the modalities of its dispatch or delivery. Note: Participation in some of these operations and/or allocation of certain Rewards may be reserved for adults. For more information, refer to the participation conditions for such sweepstakes, accessible from the App or in the relevant promotional material. WeWard reserves the right to verify the age of the User to whom the prize is to be awarded.

Community participation. The App allows you to join Communities led by other App Users. By joining a Community, you can compare your step count with other Community Users and monitor collective Community statistics.

We invite you to consult the Community descriptions in the App for more information. If a Community administrator breaches their commitments, WeWard reserves the right to suspend that User’s access to the Community.

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

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

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

For all Rewards. The Reward unlocked will be provided as is. It cannot be refunded in cash, exchanged or converted into any monetary equivalent or used to offset sums that the User may owe to WeWard.

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

Rewards available on the App may be modified or removed at any time by WeWard without justification and without WeWard being liable.

In case of unavailability and/or withdrawal of a Reward previously unlocked by the User, WeWard reserves the right to recredit the User with the Wards spent or to replace it with another Reward of equivalent value and characteristics, without WeWard being 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 in the context of tests, economic adjustments or temporary promotions. Consequently, some users may see different Ward requirements for the same reward.

7.4 - Virtual Products

The App offers experiences allowing you to collect virtual items or benefits, including through augmented reality experiences.
Acquisition modalities for Virtual Products are detailed in the App 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 not reversible. 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 terms set by WeWard.

Virtual Products can be obtained in various ways, notably:

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

The purchase of any Virtual Product constitutes only the acquisition of a personal, limited, non-commercial and revocable license to use the Virtual Product exclusively within the Services while we provide those Services. This purchase does not confer any ownership rights in the Virtual Product (the “License”). The User acknowledges that they acquire no ownership rights to Virtual Products. The Products have no real or virtual monetary value.
The License is personal and may not be sold, transferred, assigned, gifted, exchanged, sublicensed or otherwise transferred to a third party outside the Services. Consequently, we expressly prohibit and do not recognize as legitimate any sale, transfer, assignment, donation, exchange, sublicense or 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 at such sale, transfer or exchange is prohibited, void and constitutes a breach of these T&Cs. This may result in cancellation of the relevant Virtual Products, termination of the User’s WeWard account, and potential legal action.

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

7.5 - E-vouchers

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

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

In the event of an incorrect price display, manifestly derisory (absurdly low price), for any 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 App’s Terms of Sale (CGV). IF YOU DO NOT ACCEPT THE T&Cs AND THE TERMS OF SALE, DO NOT USE E-VOUCHERS.

7.6 - Account suspension or deletion related to Wards usage

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

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

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

• Artificially simulating steps (pendulums, software....);
• Artificially simulating geolocation points;
• Sending automated 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 or modify the Wards program 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 App. This status allows access to exclusive benefits, such as Virtual Products or additional Wards. Details about Premium Status content and conditions are available on the User’s profile page and in the FAQ.

8.1 Obtaining Premium Status

Premium Status can be obtained in two ways:

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

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

8.2 Payment

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

WeWard cannot be held liable for the actions or inactions of a third-party payment provider, including, but not limited to, service interruptions, system failures or any other malfunction of the payment service.

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

Outside of features expressly provided in the App, 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 be conducted as part of tests. Consequently, some Users may see different prices for the same service depending on various factors.

8.3 Auto-renewal

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

8.4 Free trial

If WeWard offers a free trial, the User may cancel before the trial period ends to avoid any billing. After this period, the subscription will automatically renew under the defined terms.

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 by paid subscription, suspension or termination will stop 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 any person using a WeWard account registered in their name. All taxes applicable to these transactions are the User’s sole responsibility.

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

The User guarantees 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 through their account, including in the event of unauthorized use, unless WeWard is at fault. It is the User’s responsibility to secure access to their payment methods and personal account.

Article 9 - Intellectual Property

The App, trademarks, logos and any other distinguishing signs of WeWard and/or its partners, as well as any software used in the provision of the Service, and the App content (i.e., any text, video, photograph or any other information in any format or nature appearing on the App) are the exclusive property of WeWard and/or its partners, and/or third parties and may be protected by copyright, trademark law, patent law, 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 accept that you have no ownership rights in the App, including administration of your Account. All rights related to the App remain the exclusive property of WeWard and will continue to belong to it at all times.

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

The User agrees to:

• not infringe intellectual property rights of WeWard or third parties in relation to the use of the App or the Website;
• not transmit any defamatory, explicit, offensive or otherwise objectionable content on the App or the Website;
• not grant a sublicense, sell, rent, loan, transfer, assign, reproduce, distribute, host, commercially exploit any part of the Services;
• not use the App or the Website in a way that could damage, disable, overburden or compromise our systems or security or interfere with other Users;
• not use a technology that interferes in any way with the proper functioning of the App or the Website, including blocking any advertisement or promotion displayed thereon.
• not collect or harvest information or data from the App or the Website for commercial purposes, unless otherwise agreed in writing by WeWard;
• not use framing to enclose a trademark, logo or any other part of the Services (including images, texts, layout or structure);
• not use meta tags or hidden text repeating 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 public search engines, which have a revocable authorization to index pages of the Site only to the extent necessary to create public search indexes, without constituting a cache or archive;
• unless expressly indicated otherwise, not copy, reproduce, distribute, republish, upload, display, transmit any part of the Services in any form or by any means;
• not remove or alter copyright notices or distinctive marks appearing in or on the Services.

WeWard, 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 App immediately and delete the corresponding Account.

The Website and the App may contain links or content from services that are not operated by us and that provide additional content or features. The content of these third-party services is governed by the respective third-party providers’ terms of use and privacy policy, and is their sole responsibility. 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 third-party services or their use does not constitute WeWard’s endorsement of such services. For more information, please consult the terms of use and/or privacy policy of the third-party services concerned.

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 that content via the Services.

Subject to the privacy settings you have selected in your Account, you grant WeWard a worldwide, non-exclusive, royalty-free license, which may include 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 in a public area of the Services may be viewed, used, modified and reproduced by other registered Users.
You acknowledge that you are solely responsible for your content and agree not to publish a photograph of a third party without their prior consent.

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

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

Article 10 – Illegal Content

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

The User is responsible for actions they carry out on the App and notably for content they post, photos they upload and messages they send.

In accordance with Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy, WeWard is committed to combating the dissemination of illegal content on its App. Content is considered illegal if it: has child pornography character, incites racial hatred, violence or discrimination, is defamatory, insulting or infringes 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) the reasons why the content is considered illegal and (iii) the reporter’s contact details.

WeWard will review the reported content as soon as possible. If the content is deemed illegal, it will be removed immediately. WeWard may transmit information about illegal content to competent authorities. In case of filtering, refusal or removal of all or part of your content by WeWard, you acknowledge that this action is 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, unless it is aware of its illegal nature and fails to act to remove it. Moderation measures are in place to prevent the dissemination of illegal content.

A User posting illegal content may face sanctions, including account deletion and legal action. You acknowledge and accept that you have no legitimate 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 App allows tracking and verifying the quantity and frequency of Users’ physical movements, generating Wards and exchanging them 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 health professional before starting or changing an exercise regimen or program. The WeWard App is not a tool for diagnosing or preventing illness. Use of the App does not create a doctor-patient relationship between the User and WeWard.

Article 12 - Personal Data

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

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

Article 13 – Liability

13.1 - Use of the App and the Website

Unless otherwise required by public policy, given the technical IT and telecommunication constraints inherent to the use of the App and the Website, WeWard’s liability cannot be engaged for damage caused by a malfunction of one or more steps of access to the App and/or the Services offered, due notably, but not exclusively, to inconveniences inherent to the use of the Internet, such as service outages, external intrusion, presence of computer viruses or malfunctions of any kind. The User is invited to report without delay to WeWard any difficulty encountered in using the App.
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WeWard does not guarantee optimal functioning of the App if the version used is not the latest version available on the 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 App.
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If WeWard has legitimate reasons to believe that the App’s security is compromised or that misuse of the Service is due to unauthorized use of the User’s identification data, WeWard may temporarily disable the Account to preserve the App’s integrity and the data of the User’s Account.
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The User agrees to use the App in accordance with its purpose and not to engage in any illicit, unfair, dishonest or fraudulent practice of any kind, notably aiming to artificially obtain a number of Wards greater than those corresponding to actual physical activities and visits.

WeWard’s liability cannot be engaged if non-performance or improper performance of WeWard’s obligations is attributable either to the User’s behavior, to the unforeseeable and insurmountable act of a third party to these T&Cs (notably sources of information published by third parties) and notably 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, in particular: natural disasters, fires, strikes, breakdowns, shortages, war, power cuts, telecommunication network failures, loss of internet connectivity due to public or private operators.

Furthermore, WeWard cannot be held liable for any delay or failure in performing its contractual obligations resulting from circumstances beyond its reasonable control, including, but not limited to, pandemics, acts of terrorism, riots, embargos, 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 any indirect damages resulting from these T&Cs, loss of business, loss of profits, incidental, special or consequential damages or costs, 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 it.
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  Without prejudice to the cases of exclusion of WeWard’s liability provided for in these T&Cs, WeWard’s liability can only be engaged to compensate for a direct, actual, foreseeable and certain damage suffered by the User, provided that the User proves that WeWard’s contractual fault is the direct cause of their damage. The User acknowledges and accepts that loss of chance, accounting operating losses, productivity losses, loss of contracts and/or margin, loss of earnings or Wards, as well as failure to achieve expected savings or gains or any reputational damage, cannot give rise to compensation.

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

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

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

To facilitate their exchanges, the User accepts that WeWard’s systems and computer files will be authoritative between the parties, unless the User provides contrary proof of equivalent value.
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Consequently, computer files and records stored within WeWard’s computer systems or on its behalf under reasonable security and reliability conditions may be validly used and produced as evidence of the performance of these T&Cs, and more generally of any event, communication or relationship between the parties arising from the User’s use of the Services. WeWard may validly produce, for evidentiary purposes in any proceedings, data, files, programs, recordings or other elements received, sent or stored by means of the aforementioned computer systems, on any digital or analog media, and rely on them, except in cases of manifest error.

13.2 - Liability related to Virtual Products

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

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

You agree to behave respectfully toward other Users and real-world persons. You must not engage in harassment, threats or infringement of others’ rights, nor attempt unauthorized entry onto private or public property. You acknowledge that some experiences or situations may involve unforeseen risks, for which you assume full responsibility.

In particular, if a Virtual Product is located in a dangerous or hard-to-reach place, you accept all risks linked to its use, including, but not limited to, any accident caused by such a location.

You are solely responsible for any accident, direct or indirect, occurring in connection with purchasing, seeking or using Virtual Products, whether on foot, motorized or driven, on private or public property.

Transferring Virtual Products to other users (offering, exchanging or gifting) is entirely at your own risk and is irreversible. These transactions are final. WeWard does not guarantee their outcome and disclaims liability for disputes or losses related to such transactions. It is strongly recommended to carry out exchanges only on the WeWard platform and to be cautious with arrangements outside it. WeWard does not facilitate, mediate or guarantee any exchange via social networks or other external channels.

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

13.3 No liability related to storage

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

WeWard disclaims any liability with respect to:

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

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

You are solely responsible for selecting that access level.

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

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

13.4 No liability related to Rewards

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

13.5 No liability related to interactions between Users and User Content

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

You acknowledge that WeWard cannot be held responsible for any consequences arising from these interactions.

Content provided by other Users. Unless otherwise required by public policy, WeWard disclaims any liability regarding delays, deletion, misdelivery or non-retention of any content, 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 attorneys’ 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 another registered User; or
(d) Your violation of any law, rule or regulation.

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

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

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

13.7 Disclaimer of warranty

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

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

WITHOUT LIMITING THE FOREGOING:

WEWARD DOES NOT GUARANTEE 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 OPERATE 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 ABOVE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE TERMS OF USE BETWEEN YOU AND WEWARD.

Article 14 - Duration of the Agreement - Termination

14.1 - Duration of the Agreement

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 App and Services in case of the User’s non-compliance with these T&Cs.

In this event, WeWard will notify the User of this suspension and/or deletion of the Account by email and give them formal notice to cease the breach.
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In the event of a suspension, the User may remedy the breach within three (3) days of such notice. After this period, and in the absence of satisfactory action by the User, WeWard may terminate the contractual relationship with the User by operation of law, and subject to any damages it may claim as compensation for the loss suffered.
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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 the User’s Account after a period of total Account inactivity equal to or greater than thirty (30) days.

14.3 - Termination by the User

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

14.4 - Effects of termination

Termination of a Service results in loss of access to that Service and possible prohibition from future use. Termination of all Services also includes deletion of your password and all information, files and Content associated with your Account (or part thereof), including your Content and Wards. Upon termination, your right to use the Services ends immediately. You acknowledge that this termination may involve deletion of your Content from WeWard’s active databases. WeWard cannot be held liable, on any basis, for any suspension or termination, including deletion of your Content. All T&Cs provisions which by their nature should survive termination will remain in effect, notably those relating to intellectual property, disclaimers and limitation of liability.

14.5 - Prohibition on re-registration

If your registration or access to the Services or to any 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 was refused. In the event of violation of this provision, WeWard reserves the right, at its sole discretion, to immediately take one or more measures set out herein without prior notice.

Article 15 - Monitoring and Enforcement

WeWard reserves the right to:
(a) remove or refuse to publish any or all of your Content, for any reason or no reason, at its sole discretion;
(b) take any action it deems necessary or appropriate with respect to your Content, at its sole discretion, notably if it considers that such Content violates the T&Cs, infringes 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 any illegal or unauthorized use of the Services to the competent authorities; and/or
(d) suspend or terminate your access to any or all of the Services, for any reason or no reason, including, without limitation, in the event of a breach of the T&Cs.

If WeWard becomes aware of a possible breach of the T&Cs by you, it reserves the right to open an investigation. If, after this investigation, WeWard believes criminal activity has occurred, it reserves the right to forward the file to the competent authorities and to cooperate fully 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 a third party’s rights;
(iv) to respond to your customer service requests; or
(v) to protect WeWard’s, its Users’ or the public’s rights, property or personal safety, as well as any public or judicial authority representative, where WeWard reasonably believes such action is necessary or appropriate.

Article 16 - Disputes

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

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

In case of an issue, the User is invited to contact: contact@wewardapp.com
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In accordance with Article L. 612-1 of the French Consumer Code, Users are offered free recourse to a mediator to amicably resolve any dispute with WeWard. The User is invited to contact WeWard to make such a request so that WeWard can provide the mediator’s contact details and the precise conditions of such mediation.

However, for purchases made or actions taken directly on our partners’ sites or apps, the User must contact the mediator designated by the partner concerned, according to their own terms and conditions.

If mediation fails or is refused, any legal action will be brought before the competent court in accordance with the Code of Civil Procedure.

Article 17 - Contact

For any questions or information, Users can contact WeWard:

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

Article 18 - International Access

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

Please read carefully the following 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 this Arbitration Agreement, you and WeWard agree that any dispute, claim or controversy arising out of or related in any way to your access to or use of the Services, or to this Agreement and its prior versions, including disputes or claims arising prior to the effective date of this Agreement (each a “Dispute”), will be resolved by binding arbitration rather than in court, except that: (1) you and WeWard may bring an individual action in small claims court if the claim falls within its jurisdiction and remains there; and (2) you or WeWard may seek injunctive or other equitable relief in court for any intellectual property infringement (such as trademark, trade secret, patent or copyright). The term “Dispute” also includes disputes that arose before this Agreement existed and those that may arise after its termination.

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

Waiver of jury trial. YOU AND WEWARD EXPRESSLY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND HAVE A JUDGE OR JURY RESOLVE THE DISPUTE. Disputes will be resolved through 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. CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS ARE EXPRESSLY WAIVED, UNLESS AGREED OTHERWISE. If a court finally determines that this clause is unenforceable, the claim in question may proceed in court, with the other claims remaining in arbitration.

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

The arbitrator. The arbitrator will be a retired judge or practicing attorney in the State of California, selected from the AAA consumer arbitrator roster. If the parties cannot agree, the AAA will appoint the arbitrator according to its rules, or as provided in the “Batch Arbitration” section.

Arbitrator powers. The arbitrator has exclusive authority to decide any Dispute, including the interpretation and enforceability of this Agreement, except for the exceptions listed. 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 own attorney fees except for frivolous or abusive claims. The prevailing party in an action to compel arbitration may recover reasonable costs.

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

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

Severability and statute of limitations. If any provision is held invalid, the remainder will continue in effect. You must initiate arbitration within the applicable statute of limitations, otherwise your claim will be barred.

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

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

Article 20 - General Provisions

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

Waiver.
WeWard’s failure or delay in exercising a right or enforcing a provision of the T&Cs shall not constitute a waiver of that right or provision.

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

Notices.
When WeWard requires you to provide an email address, you are responsible for providing a valid and up-to-date email address. If the provided address is invalid or for any reason does not permit delivery of a notice under 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 service or email.

Assignment.
You may not assign, subcontract, transfer or delegate the T&Cs or your rights and obligations arising from them without WeWard’s prior written consent. Any attempted assignment or transfer in violation of this clause will be null and void.

The provisions below apply only to US users:

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

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

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

Export control.
You agree not to use, export, import or transfer the Services in violation of applicable law, including U.S. export control laws. In particular, the Services may not be exported or re-exported to: (a) countries subject to a U.S. 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) lists.

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

Consumer complaints (California).
Pursuant to California Civil Code §1789.3, you may direct 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 telephone at (800) 952-5210.