Terms and Conditions

Welcome to WeInk!

Thank you for visiting the WEINK platform, which is run and owned by WEINK SAS. (“WEINK” “we” or “us”). This agreement ("Terms of Service") is a legal document between you and WEINK. You accept these Terms of Service by using the WEINK mobile application (the "App"), creating your WEINK account, and using the mobile applications to post different types of content (the “Content”) to the WEINK community, such as stories you create, comments, and messages, or to access and view WEINK content or other user content, or to use any freelancer services (together with the App, the "Services"). You cannot use the WEINK Services if you disagree with any of these conditions.

1. You must have an account

To use the App and the Services, registration of an account is required. Without an account, you will not be able to access the App and the Services. During the registration process, you will need to provide us with accurate and truthful information and choose a public account name and password.

You are solely responsible for maintaining the confidentiality of your account information, including your password. WEINK will not be held liable for any unauthorized access or use of your account. If you suspect that your account has been compromised, please notify us immediately at support@weink.app.

We only authorize one account per person to prevent abuse of the App and the Services.

To use the App and the Services, you must be at least 13 years old. If we discover that a user is under the age of 13, their account will be deactivated. If you are under 18, you may only use the App and the Services under the supervision of a responsible parent. During registration, we will ask for your date of birth, and access to certain content may be restricted based on your age.

Since the content on the App and the Services is posted by users, we cannot guarantee that all content is relevant or appropriate for you. However, we require users to identify any content that may not be appropriate for underage users. We encourage you to read our Content Guidelines before posting any content on the App and the Services. Any content that violates our guidelines may be removed at any time.

By using the App and the Services, you agree not to access any content that is inappropriate for your age and to accurately identify the appropriate category for your content when posting.

2. Your Content is Yours

You own all rights to the content you create and post on the App and the Services. However, it is important to note that posting someone else's original content on WEINK doesn't make it yours. Therefore, you should not submit content for which you do not own the copyright, unless you have explicit written permission to do so. Additionally, you should not violate any exclusivity contracts you have with us or any other writing platforms.

2.1 Granting Permission to WEINK

When you post content to the App and the Services, we require legal permission under applicable copyright laws to display such content to users. Legally, this means that you grant us a non-exclusive license to post your content on the App and the Services, including anything reasonably related to posting such content (such as saving, storing, displaying, reformatting, and distributing such content).

2.2 Use of Your Content

You are responsible for the content you post on the App and the Services, including any risks associated with publishing and displaying it. This means that you bear any risks associated with anyone else's reliance on its accuracy and any claims relating to intellectual property or other legal rights.

WEINK is a free service that allows advertising on the App and the Services, including in connection with the display of your content or other information. Additionally, we may use your content to promote the App and the Services. We will never sell your content to third parties without your express permission.

2.3 Content Exclusivity and Employment

No, WEINK does not require your content to be exclusive. As previously mentioned, you grant us a non-exclusive license to post your content on the App and the Services. Posting content on WEINK does not make you an employee of WEINK. You are free to post content elsewhere and stop posting on WEINK whenever you want. You remain completely independent and cannot be considered our employee.

2.4 Additional Obligations

In addition to any express or implied obligations in these Terms of Service, you may be subject to additional obligations in connection with the content, subject to applicable regulations. These obligations may relate to any prior legal filings, regulatory or regulatory notices, or third parties, such as co-authors.

2.5 Removing Your Content

To remove your content from the App and the Services, please email anaisg.WEINK@gmail.com. The email should clearly state that you want your content removed, including the content title. Only content creators are allowed to delete their own content. Considering this is still a manual process, once the email has been received, WEINK will take down the content within 20 business days.

3. Our Rights in the App

3.1 Using WEINK's Code and Visual Design Elements

Please note that you may not copy or adapt any part of WEINK's code or visual design elements, including logos, without express written permission from WEINK or as set forth in these terms. You must not use WEINK's logos or trademarks in any way that suggests that WEINK endorses a particular product or service or that you have a business relationship with WEINK.

3.2 Modifying WEINK's Logo

Please do not modify, stretch, condense, embellish, add sparkles, or alter WEINK's logo in any way.

3.3 WEINK's Right to Modify or Terminate the Service

WEINK reserves the right to modify, terminate, or restrict access to any aspect of the Service at any time without prior notice. Additionally, WEINK may remove any content you post or submit for any reason.

3.4 WEINK's Right to Access and Disclose Information

WEINK may access, read, retain, and disclose any information that we believe is reasonably necessary to:

(i) satisfy any applicable law, regulation, legal process or request government, (ii) enforce the Terms of Service, including investigating potential violations, (iii) detect, prevent, or resolve fraud, security, or technical problems, (iv) respond to user requests for support, or (v) protect the rights, property, or safety of the App, users, and the public.

4. How We Deal with Copyright Issues

4.1 Protecting Intellectual Property

The protection of intellectual property is essential to WEINK, and we require all users to respect copyright and other intellectual property rights. As a WEINK user, you agree to avoid any behavior that could infringe on the intellectual property rights of WEINK, other users, or third parties, including those in the Content.

4.2 Restrictions On Content Usage

To avoid infringing on the intellectual property rights of WEINK, other users, and third parties, you agree not to engage in any of the following activities:

  • Copying, redistributing, reproducing, recording, transferring, performing, or displaying the Content to any third party, broadcasting, or making available to the public any part of WEINK or the Content;

  • Reproducing the Content outside of WEINK, such as printing or saving the Content outside of WEINK;

  • Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of WEINK, except to the extent permitted by applicable law;

  • Circumventing any technology used to protect the Content or WEINK and any information related to it;

  • Selling, renting, sublicensing, or leasing any part of WEINK or the Content;

  • Removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or WEINK (including for the purpose of disguising or changing any indications of the ownership or source of any Content).

It is understood that none of the above restrictions may be construed as an exclusivity for WEINK's benefit on the Content you publish.

4.3 Piracy-Related Policy

WEINK has adopted a piracy-related policy for the App under the US Digital Millennium Copyright Act ("DMCA"). Although our policies are based on French law, we apply this same policy globally to all jurisdictions in which our services are available. WEINK reserves the right to remove allegedly infringing Content without notice, in our sole discretion, and without liability to you or anyone else. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat offender.

4.4 Agent For Takedown Notices

You authorize us to act as your agent issuing takedown notices under the DMCA and/or other similar law allowing requests to be submitted to the Internet Service Provider and anyone else involved.

5. Content Guildlines

5.1 WEINK Content Guidelines: Creating Safe and Respectful Spaces

WEINK provides a platform for users to explore and create content in a safe and comfortable environment. In order to maintain an inclusive and respectful space, we have established guidelines to ensure that users understand what kind of content is acceptable and what is prohibited.

5.2 Respect for Other Users

It is important to respect the feelings, property, and personal information of other WEINK users. Please be mindful of your content and its impact on others.

5.3 Content Policies

To get the most out of WEINK and help others enjoy it too, we ask that you read and comply with our Terms of Use, and Privacy Policy.

5.4 Reporting Inappropriate Content

If you come across content that violates our guidelines, please report it to us by sending an email to support@weink.app.

5.5 Story Ratings

All stories on WEINK must be rated either "18+" or "for everyone." The following guidelines can help you determine the appropriate rating for your story.

5.6 18+

Rating Stories with explicit sex scenes, self-harm themes, and graphic depictions of violence, including but not limited to sexual, verbal, emotional, and physical abuse, must be rated 18+.

5.7 What We Remove

The following content is not allowed on WEINK:

  • Abusive, defamatory, or threatening content

  • Content that violates the law or promotes illegal acts

  • Content that invades personal privacy or solicits personal data

  • Malicious content, such as viruses or malware

  • Content that harasses or bullies other users

  • Fraudulent, false, deceptive, or misleading content

  • Commercial or sales-related content

  • Content that promotes commercial products or services

  • Content that interferes with or disrupts WEINK

  • Inaccurate or misleading content

  • Content that conflicts with our Terms of Service

5.8 Media on WEINK

WEINK contains images, and we remove any images that do not comply with our content guidelines. The following media are not allowed on WEINK:

  • Media depicting sexual activity or self-harm

  • Images of people posted without their consent, other than celebrities

  • Any other media deemed inappropriate by WEINK in its sole discretion

5.9 Self-Harm

Content that encourages or directs self-harm will be removed. Content with detailed descriptions of self-harm may be classified as "mature." We encourage healthy discussions on these topics, but please be mindful of the potential impact on other users.

5.10 Violence

We remove content or accounts intended to shock or disgust our community. Content that glorifies or encourages violence is not permitted on WEINK.

5.11 Hate Groups/Extremist Content

WEINK does not allow stories or individuals that glorify or encourage violent or hateful hate groups, personalities, or extremist organizations with violent or hateful intent. This includes groups with a violent mandate, stories that lack storytelling, and content that encourages violent or hateful acts.

5.12 Respectful Communication

WEINK strives to provide a safe and welcoming community for all users. Please keep the following guidelines in mind when communicating with others:

  • Be respectful and courteous in your interactions with other users.

  • Refrain from making personal attacks or defaming others.

  • Avoid disclosing personally identifiable information about others, such as private messages, photos, and videos.

5.13 Promotion of Violence and Hatred

WEINK prohibits content that promotes violence, hatred, or harassment based on race, ethnicity, religion, disability, gender, age, or sexual orientation. While general comments are permitted, they must not be violent or encourage others to attack members of the WEINK community.

5.14 Spam and Advertising

Please refrain from posting content that promotes products or services unrelated to WEINK or not endorsed by WEINK. Such content will be removed.

5.15 Accessibility

WEINK is designed to be compatible with all available browsers and accessible to everyone. However, access may be restricted in cases of force majeure.

If you have any questions about our guidelines or need help with any issues related to WEINK, please do not hesitate to contact us.

6. How can I earn beans?

6.1 Watch Reward Videos

One way to earn beans on WEINK is by watching rewarded videos. You can watch up to 15 videos per day, and for each video watched, about two-thirds of the profit generated from the advertisement will be given to you in beans and added to your WEINK Wallet. This advertising service is operated by a certified third party called AdMob and IronSource.

6.2 Submit Your Book

If you are a content owner and publisher on WEINK, you can earn beans by submitting your book. You will receive about two-thirds of the profit generated from every advertisement that is directly related to your book or its description page on the App. To submit your book, fill out the author registration form available on your profile and follow the instructions provided to send the appropriate documents to anais.garnier@weink.app.

6.3 Play Games on the Offerwall

Another way to earn beans is by accomplishing challenges displayed on the Offerwall. This is a great way to earn a large amount of beans.

6.4 Third-Party Websites Or Services

Our service may contain links to third-party websites or services that are not owned or controlled by WEINK. Please note that WEINK does not control the content, privacy policies, or practices of these third-party websites or services and is not responsible for them.

You acknowledge and agree that WEINK shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any content, goods or services available on or through these third-party websites or services.

We strongly recommend that you read the terms and conditions and privacy policy of any third-party websites or services that you visit.

7. How can I extract my beans to my bank account?

7.1 Withdrawal of Beans

To withdraw beans to your bank account, you must have published content on the app. Non-content users may donate their beans or use them for other app features.

For the prototype, there is a withdrawal threshold of 20 (twenty) to 50 (fifty) euro through PAYPAL. More payment methods will be provided in the future.

When redeeming beans, users aged 18 and over must undergo a verification process that involves providing a selfie and a photo of official identification. This is done to prevent fraud and ensure that beans are not collected through automated processes or fraudulent software. Your selfie will only be used for fraud prevention purposes and will be linked to your user account. You may continue to use other features of the app without providing a selfie or identification. Identity documents will not be stored and will only be used once to prevent fraud. You are responsible for providing accurate information.

7.2 Withdrawal for Minors

Unfortunately, minors are not allowed to withdraw beans until they turn 18 (eighteen) due to legal restrictions. This policy may change in the future.

7.3 Income from Your Content

Generating income from the content you publish on WEINK can be exciting, but it's important to understand that such income might be subject to taxes such as VAT or income tax. As the creator of the content, you are solely responsible for complying with the laws applicable in your country regarding taxes.

Before publishing any content, we highly recommend that you research and identify the applicable taxes and laws in your country. This can help you better understand your responsibilities and avoid any potential legal issues in the future.

As the creator of the content, you are entirely responsible for complying with the applicable tax laws and paying any taxes that may be due on the income generated by your content. Please note that WEINK is not responsible for any taxes, and you should consult with a tax professional or seek guidance from your local tax authority if you have any questions or concerns.

8. Deleting Your Account

8.1 How to delete your WEINK account

If you want to permanently delete your WEINK account, you can do so by sending an email to support@weink.app. Please note that the email must come from the owner of the account and include the username, as well as all books associated with the account. Please be aware that deleting your account is a manual process that may take up to 20 (twenty) working days to complete.

8.2 Suspension or termination of your account

WEINK may suspend or terminate your account or stop providing you with any or all of the App at any time and for any reason that we deem appropriate. We will use reasonable efforts to notify you at the email address associated with your account or the next time you attempt to access your account.

8.3 Inactivity

If there is no activity recorded on an account (no connection or action taken in the App) for a consecutive period of 365 days, the account is considered inactive. If the account contains beans, they will be considered void without notice.

8.4 Deleting inactive accounts

WEINK reserves the right to delete without notice any account that has been inactive for a consecutive period of one thousand ninety-five days (1095 days).

9. Things You Should and Shouldn’t Do

As a WEINK user, it is important to behave responsibly to maintain a safe, fun, and caring environment for everyone. Please review and follow the WEINK Code of Conduct (as part of these Terms of Service) to ensure you understand the WEINK community and the values we uphold.

9.1 Illegal Activities and Harmful Behavior

  • Do not take any action that infringes or violates the rights of others, violates the law, or violates any contract or legal obligation you have with anyone.

  • Do not distribute software viruses or anything else (code, movies, programs) designed to interfere with the normal operation of any software, hardware or devices on the Application (whether belonging to owned by WEINK or otherwise).

  • Do not attempt to interfere with the normal operation of the Service. Do not circumvent any of the measures we have in place to secure the Service. Do not attempt to damage or gain unauthorized access to any systems, data, passwords or other information. Do not take any action that imposes an unreasonable load on our infrastructure or third-party vendors.

9.2 Content and Intellectual Property

  • Do not use any type of software, device, or method (whether manual or automated) to "crawl", "spider", or remove any content from any part of the Application or Service.

  • Do not modify, translate, copy, distribute, or create other derivative works of any content unless you have the express consent of the author of such content.

  • Do not disassemble or reverse engineer any aspect of the Application or Service for the purpose of gaining access to such things as source code, basic ideas, or algorithms.

  • Do not use the Application or the Service for the purpose of advertising goods or services. The only exception is that you can promote your content for sale as an ebook or as a published book on a third-party platform or bookstore.

9.3 Commercial Use

  • WEINK is for your personal, non-commercial use only. Under no circumstances may access to the Application or Services be sold.

9.4 Consequences of Violating the Code of Conduct

  • WEINK reserves the right to take appropriate action, including removing any content or terminating a user's account, without notice or liability, in our sole discretion, if a user violates the Code of Conduct or any other part of the Terms of Service.

  • WEINK has the right to issue takedown notices and act as your agent under the DMCA and/or other similar laws.

By using WEINK, you agree to abide by this Code of Conduct and the Terms of Service.

10. Community Standards

WEINK is a platform where users can find the communities and stories that matter to them. To maintain a safe and positive environment, WEINK has a zero-tolerance policy for content and community conduct violations.

10.1 Content Violations

WEINK reserves the right to remove any content that violates WEINK's policies. Once content or accounts are deleted for violating our policies, they will not be transferred or restored.

10.2 Spam

The WEINK App is for personal and non-commercial use only. Users are not allowed to sell access to the App or use it to promote any goods or services, including sending unsolicited mass messages or comments to other users. WEINK may promote user content in the form of ebooks on third-party platforms or bookstores, but if the full story is not available on our platform, users must indicate it as an excerpt at the top of every chapter.

10.3 Poaching

Users are prohibited from using the WEINK Apps, content or services in a way that may compete with or displace the market of WEINK, Apps or Services. Users are also not allowed to contact other users to remove them from the platform or advertise to other users on behalf of another company. If users are contacted by a third party, they should report it to support@weink.app.

10.4 Impersonation

WEINK is a space where users can be themselves, and impersonation of WEINK, WEINK employees, Ambassadors, celebrities, brands, etc. is strictly prohibited. WEINK will never ask users for their password or bank account details. Users may not reproduce or modify WEINK's logo without the express written permission of WEINK or use our logos or trademarks in any manner that may indicate that WEINK endorses a particular product or service or that users have a business relationship with WEINK.

10.5 Competition Prizes

Prizes and/or giveaways organized by anyone other than WEINK may not be monetary or physical. Eligible prizes may include follows, readings, or digital gifts as contest rewards. In the case of user-sponsored competitions, the organizer must state that WEINK is not affiliated with the competition.

10.6 Disclosure of Personal Information

WEINK strongly discourages users from sharing personal information with other users. Users are not allowed to disclose another person's personally identifiable information, share photos without their consent, publish their full name and address, email address, phone number, or private messages without approval. Users are also strongly discouraged from sharing passwords, financial and/or banking information. Users who choose to share information do so at their own risk.

11. Disclaimers, Limitations of Liability and Indemnification

Each subsection below applies only to the fullest extent permitted by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability in contracts, so the contents of this section may not apply to you. Nothing in this section is intended to restrict any rights you may have that cannot be legally limited.

11.1 Limitations of Liability

Your use of the App and the content is at your own risk. We provide them to you on an "as is" and "as available" basis without any warranties, express or implied. WEINK disclaims all implied warranties, including but not limited to merchantability, fitness for a particular purpose, availability, security, title, non-infringement, and any warranties implied by any transaction or performance.

11.2 Content Responsibility and Exposure

You are solely responsible for all content, whether publicly posted or privately transmitted, that you create or publish. WEINK cannot monitor or control the content posted through the App, and we are not responsible for it. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted through the App or endorse any opinions expressed through the App. By using the Service, you acknowledge that you may be exposed to content that may be offensive, harmful, inaccurate, or inappropriate, or in some cases, mislabeled or misleading.

11.3 Release of Claims

When you use the App, you release WEINK from all claims, damages, and claims of any kind, known or unknown, doubtful or unsuspected, disclosed or undisclosed, arising from or in any way related to (a) a dispute between users or between a user and any third party regarding the use of the App, and (b) the App.

11.4 WEINK's Liability

WEINK will not be liable to you for any damages resulting from your use of or in connection with the App and any content, including when the Service is hacked or unavailable, or all types of damages (direct, indirect, punitive, incidental, consequential, special, or exemplary) regardless of claim or loss (breach of contract, tort (including negligence), breach of warranty or any other claim or loss), or any loss of profits, data or revenue or any user or other third-party conduct or content on the Site or the Service. In no event will WEINK's liability for damages exceed one hundred US dollars ($100.00).

11.5 User Responsibilities and Indemnification

If you violate any promise you make in these Terms of Service or cause us to sue, you must indemnify us against all liabilities, losses, claims, and costs (including reasonable legal costs and expenses) arising out of or in connection with your use or abuse of the App. We reserve the right to assume the exclusive defense and control of any other matter subject to this provision, in which case you agree to cooperate with and assist us in asserting any defense.

11.6 Third-Party Websites

The Website and App may contain links to other websites, such as stories, user profiles, and other posts that may be linked to other websites. When you visit third-party websites, you do so at your own risk. We do not control or endorse these websites.

12. General Terms

12.1 Amendment of Terms of Service

WEINK may update or modify the Terms of Service from time to time. We will notify you of any material changes by posting them on the App or emailing you. Your continued use of the Service after any modifications to the Terms of Service will be deemed as acceptance of the modified terms.

12.2 Acceptance of Revised Terms of Service

If you do not agree with the updated Terms of Service, you must discontinue use of the Service and close your account. If you continue to use the Service, you are indicating your acceptance of the revised Terms of Service.

12.3 Entire Agreement and Non-Exemption and Divisibility

The Terms of Service (including any referenced documents) constitute the entire agreement between you and WEINK in relation to the Service and supersede any prior agreements. If WEINK does not enforce any right or provision under the Terms of Service, it does not waive such right or provision. If any provision of the Terms of Service is found to be invalid or unenforceable, the remaining provisions will remain in effect.

12.4 Choice of Law and Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of France, without regard to principles of conflict of laws. Any dispute or claim arising out of or in connection with the Terms of Service shall be submitted to a French court. However, we encourage you to contact us first if you have any issues before taking legal action.

12.5 Transfer of Terms of Use

The Terms of Service are personal to you and may not be assigned or sublicensed without prior written consent from WEINK. WEINK reserves the right to assign, delegate, or transfer any of its rights or obligations under the Terms of Service without notice or your consent.