Terms and Conditions

Welcome to Weink!

1 – Company information

WEINK is a joint-stock company (“Société par actions simplifiée”) registered with the Trade and Companies Register of Paris under number 951933050, whose registered office is located 60 rue François 1er, 75008, Paris (“WEINK”).

WEINK can be contacted at the following email address: support@weink.app

2 – Acceptance of the Terms and Conditions

These general terms and conditions constitute the sole document governing the contractual relationship between WEINK and the Users, defined below, of the platform accessible at the following address: https://weink.app/ and its application.

Users accept the Terms and Conditions by ticking a box on the registration form. If the User does not accept all Terms and Conditions, they cannot access the Services.

The Terms and Conditions may be supplemented by special conditions which, in the event of contradiction, shall prevail over the Terms and Conditions.

3 – Definition

In these Terms and Conditions, capitalized terms are defined as follows:

« Account »

Refers to the account in the User’s name enabling them to access the Services.

« Beans »

Refers to the tokens that can be collected, or purchased and spent and redeemed on the Platform under the conditions defined herein.

« Content »

Refers to content of any kind (editorial, graphic, visual, photographic, audio, audiovisual or other) published by the Writer on the Platform and in particular in the Manuscript.

« Delete Book »

Refers to the feature enabling a Writer to remove a Manuscript from the Platform directly through their Account, with a temporary deactivation period before permanent deletion as described in these Terms.

« Exclusive Content »

Refers to any content, chapters, bonuses, early-access content or similar items that may be accessible through a subscription tier and/or purchasable individually with Beans.

« Manuscript »

Refers to the work written by the Writer and submitted to WEINK with a view to being published on the Platform.

« Offerwall »

Refers to the page included in the Platform that allows Users to participate in games with a view to obtaining a reward, the Beans.

« Platform»

Refers to the platform accessible at the following address: https://weink.app/ and its application.

« Portal »

Refers to the portal made available to Writers, allowing them to write their Manuscripts  via a dedicated web interface and to send them to review to WEINK. The Portal is accessible at https://portal.weink.app/ .

« Purchase »

Refers to any paid transaction made through Third-Party App Store billing systems, including subscription fees and purchase of Beans.

« Reader »

Refers to the User who consults Content on the Platform and who does not provide any Content.

« Referral Program»

Refers to any optional user referral, invitation or sponsorship program offered by WEINK from time to time, subject to eligibility criteria, anti-fraud controls and specific rules described on the Platform and/or in separate applicable terms.

« Services »

Refers to the services offered by WEINK to Users via the Platform as detailed in the article “Description of Services“.

«Terms and Conditions »

Refers to these terms and conditions.

« Third-Party App Store »

Refers to any third-party digital distribution platform through which the Application is made available and/or through which In-App Purchases are processed, including, without limitation, Apple’s App Store and Google Play Store.

« Usage Data »

Refers to technical and usage information relating to how Users interact with the Platform, which may be processed in aggregated and anonymised form and used for analytics, gamification and user-facing statistics.

« User »

Refers to the user of the Platform who is a Writer or Reader.

« Wallet »

Refers to the User’s electronic wallet in which the Beans will be deposited.

« Writer »

Refers to the User who publishes any Content on the Platform. User who has a Manuscript on the Platform is considered as a Writer. If the Writer removes all Manuscripts from the Platform, he becomes a Reader.

4 – Conditions of access to Services

(i) The User is a natural person with full legal capacity, or failing that the User is at least 16 years of age.

(ii) The User is:

– When the User is a Writer: they are a professional, understood as any natural person or legal entity acting for purposes within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.

– When the User is a Reader: they are a consumer, understood as any natural person who acts for purposes that do not fall within the scope of their professional activity,

5 – Subscription and access to Services

To access the Services, the User must have the following hardware or software: iPhone requires iOS 15.0 or later. iPad Requires iPadOS 15.0 or later. iPod touch Requires iOS 15.0 or later. Mac Requires macOS 12.0 or later and a Mac with Apple M1 chip or later. Apple Vision Requires visionOS 1.0 or later. Requires Android 7.0 and up.

To access the Services the User must fill in the form on the Platform.

The User must provide WEINK with all information which are mandatory.

Registration automatically opens an Account in the User’s name, enabling the User to access the Services using their login and password.

Users may only have one account per person in order to avoid any misuse of the Platform.

Users are solely responsible for maintaining the confidentiality of their Account information, including their password. WEINK will not be held liable for any unauthorized access or use of their Account. If a User suspect that their Account has been compromised, they must notify WEINK immediately at the email address: support@weink.app.

6 –    Referral Program

WEINK may offer an optional Referral Program enabling eligible Users to invite other persons to create an account on the Platform and/or subscribe to Services, in exchange for potential benefits.

Each eligible User may be provided with a unique referral code and/or link that they may share with individuals they wish to invite to the Platform (the “Referrer”). An invited individual who creates an account and/or subscribes to the Services using the referral code/link is considered a referred user (the “Referred User”), subject to the eligibility and validation conditions set out below and on the Platform.

Where a referral is validated, WEINK may grant benefits to the Referrer and/or the Referred User (for example, Beans, credits, discounts, free access periods or other advantages), in the amounts and under the conditions displayed on the Platform at the time of the referral.

Unless expressly stated otherwise by WEINK on the Platform: (i) benefits have no cash value; (ii) benefits are personal and non-transferable; (iii) benefits may be subject to expiry; and (iv) benefits may not be combined with certain promotions or offers.

A referral is validated only if all the conditions displayed on the Platform are met, which may include, without limitation: (i) the Referred User is a new user who has never had an account on the Platform; (ii) the Referred User completes any required verification steps; (iii) the Referred User completes the required qualifying action (e.g., first subscription, first purchase, or first eligible activity) within the specified time period; and (iv) the referral is not flagged as fraudulent or abusive. WEINK may delay the grant of benefits until the referral is validated.

Any expiry period applicable to benefits (for the Referrer and/or the Referred User) is indicated on the Platform. If no expiry is indicated, WEINK may apply a reasonable expiry period and will indicate it in the relevant user interface before the benefit is granted.

The referral code/link is intended to be shared only within the Referrer’s personal network (friends, family, colleagues) and must not be published or distributed via: (i) websites or platforms dedicated to sharing promo/referral codes; (ii) paid advertising, incentivised traffic networks, or affiliate-like distribution not expressly authorised by WEINK; (iii) unsolicited communications (spam) or deceptive practices; or (iv) any manner that breaches applicable law, these Terms, or third-party rights.

The Referrer and the Referred User must not abuse the Referral Program. In particular, they must not: (i) refer themselves; (ii) create multiple accounts; (iii) use automation (bots/scripts) or any circumvention technique; (iv) manipulate qualifying actions; or (v) otherwise seek to obtain benefits in bad faith. WEINK may apply verification and anti-fraud measures, including withholding, cancelling, reversing or clawing back benefits where it reasonably suspects or confirms abuse or breach.

Without prejudice to the “Sanctions in the event of breach” section, WEINK may (i) declare a referral invalid; (ii) withhold, cancel or reverse benefits; (iii) suspend a User from the Referral Program; and/or (iv) suspend or terminate an account in case of fraud, abuse, or breach of these Terms.

7 – Description of the Services

7.1 – Services

Before subscribing, the User acknowledges that they can find out about the characteristics of the Services and their constraints, including, without limitation, technical constraints, on the Platform. 

The User acknowledges that the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which WEINK is not responsible.

The Services to which the User has subscribed are described on the Platform.

7.1.1 – Services reserved for Writers

7.1.1.1 Publication of the Manuscript on the Platform

Writers can directly write their Manuscript via the Portal.

Writers can also add the cover page of their Manuscript directly via the Portal.

7.1.1.2   Publication of the Manuscript on the Platform

Writers wishing to publish their Manuscript add on the Platform must submit it for review via the dedicated tab on the Portal. Where the Platform requires the completion of a submission form (available via the Portal), the Manuscript will not be submitted for review until such form is completed and validated in the relevant Portal flow. Once the Manuscript is received, WEINK may, where the Writer has requested it via the Portal flow, identify typographical and spelling mistakes and propose corrections through the Portal (as suggestions). The Writer remains in control at all times and may accept or refuse each proposed correction; WEINK does not implement content edits on behalf of the Writer without the Writer’s action in the Portal.

WEINK reserves the right to refuse and return the Manuscript to the Writer, particularly if it contains spelling mistakes for further editing. WEINK does not check the Content and the contents of the Manuscript.

7.1.1.3   Manuscript update

The Writer may update the Manuscript directly via the Portal.
In case of technical difficulty preventing the update through the Portal, the Writer may contact WEINK at support@weink.app to request assistance.

The Writer can directly change the cover photo of their Manuscript via the Portal.

7.1.1.4  Withdrawal of a Manuscript from the Platform

A Writer may remove a Manuscript from the Platform directly via the “Delete Book” function available in their Account (where enabled).

When a Writer uses “Delete Book”, the Manuscript will be deactivated (“soft deleted”) for a period of up to one (1) month, during which the Writer may restore it via the Platform (where enabled). After that period, if no restoration is requested, the Manuscript may be permanently deleted from the Platform.

Where the “Delete Book” function is not available or in case of technical difficulty, the Writer may contact WEINK at support@weink.app (or the address indicated on the Platform) to request assistance.

7.1.2 –    Services reserved for Readers

The Reader may consult Manuscripts published by Writers on the Platform.

The Reader has access to certain functionalities presented on the Platform.

7.1.3 –    Earning Beans, utilization and conversion.

7.1.3.1          Earning Beans

All Users can earn Beans by watching rewarded videos on the Platform (Reward Ad) or by accomplishing challenges displayed on the Offerwall. The User can watch up to 15 videos per day, and for each video watched, a part of the profit generated from the advertisement will be given to the User in Beans and added in the User ‘Wallet. This advertising service is operated by a certified third party.

 The number of Beans to be won on the Offerwall or won is indicated on the Platform.

7.1.3.2          Beans purchase

Subject to availability, Users may purchase Beans (including through Third-Party App Stores and, where available, through WEINK’s website checkout). Prices, bundles and applicable taxes are indicated on the Platform, or the Third-Party App Stores at the time of purchase.

7.1.3.3          Beans expiration

If a User deletes their Account, all remaining Beans are forfeited and cannot be recovered.

In addition, if an Account remains inactive for three (3) consecutive years, WEINK may forfeit any remaining Beans associated with that Account, subject to any mandatory legal requirements.

7.1.3.4          Use and conversion of Beans.

• For the Reader

Once the Beans have been obtained, the Reader can use the Beans for the functionalities that allow them to do so on the Platform. In particular, the Reader may decide to offer them either to WEINK or to a Writer.

The Reader cannot redeem Beans into dollars.

• For the Writer

• When the Writer is over 18 :

To redeem Beans, the Writer must have a Manuscript published on the Platform.

Beans obtained by the Writer thanks to Readers or through advertising consultation can be redeemed into a payout amount at any time on  the Writer’s Account, subject to the eligibility conditions and minimum redemption threshold indicated at the time of the request. The methods for redeeming Beans , and the  applicable conversion value (if any), fees (if any) and payout modalities  are indicated on the Platform.

Beans redeemed into dollars are paid through the payment method or third-party payment provider designated or supported by WEINK at the time of payment. Available payment methods may vary depending on the Writer’s country, eligibility, applicable law, and the providers integrated with the Platform.

The Writer will be responsible for any conversion fees.

When redeeming Beans, Writers aged 18 and over may be required to complete one or more verification steps and provide additional information or documentation, in order to prevent fraud, automated collection and misuse, and to comply with applicable legal and platform requirements. The nature of the verification steps, the data required and the processing details are indicated in the relevant Platform flow and/or the Privacy Policy. The Writer remains responsible for providing accurate information.

Generating income from the Manuscript published 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 Writer of the Manuscripts and more generally the Content, the Writer is solely responsible for complying with the laws applicable in their country regarding taxes.   Before publishing any Manuscript and Content, WEINK highly recommends that each Writer research and identify the applicable taxes and laws in their country.   The Writer is entirely responsible for complying with the applicable tax laws and paying any taxes that may be due on the income generated by his Content and Manuscript. WEINK is not responsible for any taxes, and Writer should consult with a tax professional or seek guidance from his local tax authority if the Writer has any questions or concerns.

• When the Writer is a minor:

Unfortunately, minors are not allowed to withdraw Beans until they turn 18 (eighteen) due to legal restrictions.

7.1.4 –    Other services

7.1.4.1. General Provisions

WEINK reserves the right to offer any other Service and to test, roll out, modify, suspend or discontinue features (including community features, gamification, monetisation options and third-party integrations) at any time. Detailed descriptions, eligibility criteria and applicable rules may be published or updated on the Platform and/or in separate specific terms for a given feature or program, which shall, in case of contradiction, prevail over these Terms and Conditions for the relevant feature or program.

7.1.4.2  External Reader Integration (Send to Kindle)

WEINK may offer an optional feature (the “Send to Kindle Feature”) enabling Readers to send a Manuscript to their Amazon Kindle account or device via Amazon’s Send to Kindle service. This feature is inactive by default and only available where the Writer has expressly activated it through their Account.

Before activating the Kindle Feature, the Writer will be shown an information notice (the “Kindle Notice”) covering:

Benefits: improved reading experience for Readers; potential for wider reach and increased revenue.

Risks: once transmitted, the file is stored in Amazon’s environment (cloud/device) and cannot be retrieved or deleted by WEINK; the DRM protection applied by Amazon may be lower than within the WeInk app; WEINK cannot prevent unauthorized copying or redistribution once the file leaves its infrastructure; Amazon’s own terms of service apply.

By activating the Kindle Feature, the Writer:

• expressly authorises WEINK to transmit their Manuscript to Amazon’s infrastructure as an additional mode of exploitation;
• confirms having read and understood the Kindle Notice; and
• accepts the associated risks, including the risk of unauthorized use occurring within Amazon’s environment.

WEINK’s sole obligation in connection with the Kindle Feature is to transmit the Manuscript file correctly upon a valid Reader request. WEINK bears no liability for any loss or damage arising from storage, copying, redistribution or unauthorized use of the Manuscript within Amazon’s environment after transmission.

Where a Reader has sent a Manuscript via the Send to Kindle Feature under a subscription (as opposed to a one-time purchase), the Reader’s right to access and retain that Manuscript is conditional on maintaining a valid subscription entitling them to access such Manuscript.

Upon expiry, cancellation or termination of the Reader’s subscription, the Reader undertakes to promptly delete from their Amazon Kindle account and any device any copy of the Manuscript obtained through that subscription.

The Reader acknowledges that failure to do so constitutes a breach of these Terms and Conditions and may engage their liability.

Deactivation has no effect on files already transmitted to Readers’ Kindle accounts or devices prior to deactivation. Such files remain stored within Amazon’s environment and outside WEINK’s control. Readers who accessed the Manuscript under a subscription remain subject to their deletion obligation as described above.

8 – Maintenance

For the duration of the Services, the User benefits from maintenance, in particular corrective and ongoing maintenance. In this context, access to the Platform may be limited or suspended.

WEINK makes every effort to provide the User with corrective maintenance to correct any malfunction or bug found on the Platform.

The User also benefits from ongoing maintenance, which WEINK may carry out automatically and without prior notice, and which includes improvements to the Platform’s functionalities, the addition of new functionalities and/or technical installations used within the framework of the Platform (aiming to introduce minor or major extensions). The addition of features may be subject to payment of a fee.

Access to the Platform may also be limited or suspended for planned maintenance purposes, which may include the corrective and ongoing maintenance operations referred to above.

9 – Duration of the Services

The User subscribes to the Services for an indefinite period.

The User can also subscribe to the Services on a subscription basis in order to benefit from an ad-free experience (the “Premium Subscription“).

The Premium Subscription starts on the day of its subscription for an initial period subscribed to on the Platform, which can be monthly or biannual.

WEINK may offer several Premium Subscription tiers (including, for example, tiers providing access to social/community features, unlimited access to certain Exclusive Content, and/or unlimited access to audiobooks), the content of which is described on the Platform and may evolve over time.

The Premium Subscription is tacitly renewed, for successive periods of same duration as the initial period (together with the initial period, the “Periods”), from date to date, unless the Premium Subscription is terminated under the conditions of the article “End of Services“, and where the Premium Subscription is purchased through a Third-Party App Store, in accordance with that Third-Party App Store’s auto-renewal and cancellation rules (the subscription rolling forward for a period of the same duration unless cancelled through the relevant store settings).

10 – Financial terms

Services are provided free of charge (excluding any Premium Subscription or other paid options).

10.1 –     Third-Party App Store

If the User subscribes to a Premium Subscription, the applicable prices, billing terms and payment method are those displayed at the time of purchase either (i) in the relevant Third-Party App Store, or (ii) on WEINK’s website where online purchase is made (if applicable).

Where the Premium Subscription is purchased through a Third-Party App Store, the Third-Party App Store processes the payment.

The purchase, billing, renewal, cancellation, refund and chargeback conditions are governed by the Third-Party App Store’s terms and policies, and the User must manage their subscription (including cancellation) through the relevant Third-Party App Store account settings. WEINK cannot override the Third-Party App Store’s billing or refund decisions.

10.1 –     Website

Where the Premium Subscription is purchased directly on WEINK’s website, WEINK (or its payment service provider) processes payment using the means indicated at checkout. Renewals, cancellations and refunds (if any) are governed by these Terms and Conditions and any information displayed at checkout, subject to applicable law.

10.2 –     Price variations, taxes and currency

Prices may vary depending on the User’s country/region, applicable taxes, currency, and the store or payment method used. The applicable price is the price displayed to the User at the time of purchase in the relevant Third-Party App Store or on the website checkout page (as applicable).

WEINK’s prices may be revised at any time under the conditions of the article “Modification of the Terms and Conditions”.

For Third-Party App Store subscriptions, any price changes are implemented in accordance with the Third-Party App Store’s rules and the User’s choices/permissions within the Third-Party App Store.

11 – Right of withdrawal

11.1 – For the Writer

As a professional, the Writer has no right of withdrawal, save where such right is mandatorily granted by applicable law and cannot be excluded.

10.2 – For the Reader

The Reader can exercise this right  in accordance with the rules of the Third-Party App Store which processes withdrawal/refund requests.

Where WEINK is the merchant of record for a Purchase made through WEINK’s website checkout, the Reader may contact WEINK using the contact details set out in the “Company information” section or submit the withdrawal form included below.

12 – Legal warranty of conformity

Readers only are entitled to invoke the legal guarantee of conformity if a lack of conformity appears during the contractual relationship between the parties. During this period, the Reader is only required to establish the existence of the lack of conformity, and not the date of its appearance.

The legal warranty of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or service for the duration of the contractual relationship between the parties.

The legal warranty of conformity entitles the Reader to have the digital content or service brought into conformity without undue delay following their request, at no cost and with no major inconvenience to them.

The Reader may obtain a reduction in price by keeping the digital content or service, or they may terminate the contract by obtaining a full refund in exchange for renouncing the digital content or service, if :

1° The professional refuses to bring the digital content or service into compliance,

2° The compliance of the digital content or service is unjustifiably delayed,

3° The digital content or service cannot be brought into conformity without incurring costs for the Reader,

4° Bringing the digital content or service into conformity causes major inconvenience to the Reader,

5° The non-conformity of the digital content or service persists despite the professional’s unsuccessful attempt to bring it into conformity.

The Reader is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to justify an immediate reduction in price or rescission of the contract. In such cases, the Reader is not obliged to ask for the digital content or service to be brought into conformity beforehand.

In cases where the lack of conformity is minor, the Reader is entitled to cancel the contract only if the contract does not provide for payment of a price.

Any period during which the digital content or digital service is unavailable for the purpose of restoring conformity suspends the warranty that remained in force until the digital content or digital service was supplied in conformity again.

These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).

Readers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the Reader to a price reduction if the digital content or service is retained, or to a full refund in exchange for relinquishing the digital content or service.

13 – Intellectual property rights

13.1 – Intellectual property rights on the Platform

The Platform is WEINK’s property, as are WEINK’s software, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.). They are protected by all intellectual property rights or database producers’ rights in force. The license granted to the User does not entail any transfer of ownership.

The User is granted a non-exclusive, personal and non-transferable license to use the Platform in SaaS mode for the duration specified in the article “Duration of the Services“.

13.2 – Intellectual property rights on Manuscript and Content

The Writer retains the intellectual property of the Manuscripts and Content that they upload to the Platform including the cover page of their Manuscript.

They guarantee WEINK that they are the owner of the rights Manuscripts and Content, or that they have obtained the necessary rights to upload them on the Platform.

The Writer grants WEINK, free of charge, worldwide, for the duration of the Services and for a period of one month at the end of the Services, a licence to use the Content and Manuscripts, which includes:

• the right to reproduce and the right to fix the Content and the Manuscript, in whole or in part, in any format, on any medium, in particular material, analogue or digital, on any product or packaging of any kind whatsoever and by any process, whether such media, products, packaging and processes are existing or future, foreseeable or unforeseeable;

• the right to represent and publicly exhibit the Content and the Manuscript, free of charge or for a fee, in any physical or intangible place, using any means of distribution, of any kind whatsoever, existing or future, foreseeable or unforeseeable;

• the right to use the reproductions and/or representations of the Content and the Manuscript made in accordance with the methods described above, for promotional purposes, or for communication purposes, whether commercial or not, or in an advertising context;

• the right to adapt, translate, modify, arrange, transform and correct the Content and the Manuscript, including but not limited to retouching, cropping, changing the format or colours of the Content and the Manuscript or modifying the presentation and formatting of the chapters of the Manuscript, in particular to take account of technical, material or commercial constraints or for any other reason, subject to respect for the Writer’s moral rights.

WEINK may use the Content and the Manuscript on the Platform or on any other medium to promote WEINK’s activities.

The Writer guarantees that the Content and the Manuscript do not contain any element likely to infringe the rights of a third party, particularly in terms of counterfeiting, unfair competition or privacy and image rights, or likely to undermine public order or morality, and that this licence does not infringe the rights of third parties, whatever they may be. In the event of a challenge by a third party, WEINK reserves the right to implement the measures set out in the ” Notification of illicit Content and withdrawal of Manuscript and Content”.

Consequently, the Writer guarantees WEINK against any action, claim, request or opposition from any person invoking an intellectual property right or an act of unfair competition and/or parasitism which may be infringed by this licence.

Where the Writer has activated the Kindle Feature pursuant to the Article “External Reader Integration (Send to Kindle)”, the licence above shall further include the right to transmit the Manuscript in digital format to Amazon’s Kindle infrastructure for the sole additional purpose of enabling authorized Readers to access it on their Kindle device or application.

What this means: You remain the sole owner of your work and retain all copyright and intellectual property rights. The licence described above does not transfer ownership of your work to WEINK and is non exclusive. It simply gives us the legal permission required to publish and make your work available to readers on the WEINK platform, display and format it correctly across different devices, create promotional materials, and promote your book and WEINK through our website, social media, newsletters and other marketing channels without having to request your permission each time. You remain free to publish your work elsewhere and may remove your work from WEINK at any time in accordance with these Terms and Conditions.

14 – Notification of illicit Content and withdrawal of Manuscript and Content

Each User may notify WEINK that Content or a Manuscript infringes the rights of a third party at the following email address: support@weink.app. The User making a notification must provide WEINK with a sufficiently detailed explanation of why the Content or Manuscript is illicit. Content is illegal if it infringes the rights of a third party or is contrary to these general terms and conditions.

The User must also provide WEINK with :

– a clear indication of the location of the illicit Content or Manuscript enabling the Content in question to be identified, for example by sending a URL link.

– the name and e-mail address of the person submitting the notification,

– a statement confirming that the User submitting the notification confirms that the information and allegations contained therein are accurate and complete.

WEINK will acknowledge receipt of this notification by any means and in particular by email.

The User who is the subject of a notification will be informed of any such claim. The User is informed that WEINK reserves the right to remove the Content/Manuscript or restrict access to the Content/Manuscript pending a decision on the notification. WEINK cannot be held liable in this respect.

In the event of repeated offenses or complaints or in the event of abusive notification, WEINK may terminate a User’s Account if it is determined that the User is a repeat offender.

14.1 –     Processing of notifications

WEINK will process notifications in a timely, diligent and objective manner.

Where the notification allows WEINK to identify the illicit nature of the Content, WEINK will act promptly to remove the Content or restrict access to it.

In case of doubt as to the illicit nature of the Content, WEINK may request additional information from the notifier or from the User who published the Content before making a decision.

14.2 –     Information to the User concerned

Where WEINK decides to remove Content or restrict access to it following a notification, it will inform the User who published the Content, at the latest at the time of removal, of:

• the decision taken and the scope of the restriction;
• the facts and grounds on which the decision is based;
• where applicable, information on the use of automated means in making the decision;
• the possibility to contest the decision through WEINK’s internal complaint mechanism by sending an email to support@weink.app;
• the possibility to seek out-of-court dispute settlement;
• the possibility to seek judicial redress.

This information will be provided in clear and easily understandable language.

14.3 –     Abusive notifications

Any person who repeatedly submits notifications that are manifestly unfounded may have their notification privileges suspended by WEINK for a reasonable period of time, after having been warned.

The submission of a notification that the notifier knows to be inaccurate or misleading may constitute a criminal offence under French law, punishable by one year of imprisonment and a fine of €15,000.

In the event of repeated infringements or abusive notifications, WEINK may terminate the User’s Account in accordance with Article « Sanctions inthe event of breach ».

15 – Testimonials

The User may provide testimonials regarding their use of the Services.

Consequently, the User agrees that WEINK may:

• distribute testimonies free of charge on the Platform and on any other French or foreign websites, published by any companies with which WEINK has agreements, by any means and on any medium, for the purposes of promoting the Platform,
• translate testimonies into any language,
• modify testimonies (only to the technical constraints of the Platform (alterations or degradations in their quality).

16 – User’s obligations and liability

16.1 – Obligations common to all Users

16.1.1 – Obligations common to all Users

The User undertakes to provide WEINK with all the information required to subscribe to and use the Services.

16.1.2 –               Concerning the User’s Account

Each User may only create one Account.

The User :   

• guarantees that the information provided in the form is accurate and undertakes to keep it up to date,
• acknowledges that this information is proof of their identity and is binding as soon as it is validated,
• is responsible for maintaining the confidentiality and security of their login and password. Any access to the Platform using their login and password is deemed to have been made by the User.

The User must immediately contact WEINK using the contact details provided in article “Company information” if they find that their Account has been used without their knowledge. The User acknowledges that WEINK shall have the right to take all appropriate measures in such a case.

16.1.3 –               Concerning the use of the Services

The User is responsible for their use of the Services and for any information they share in this context. The User agrees to use the Services personally and not to allow any third party to use them in their place or on their behalf.

The User undertakes not to use the Services for purposes other than those for which they were designed, and in particular to:

• engage in any illegal or fraudulent activity,
• undermine public order and morality,
• infringe the rights of third parties in any way whatsoever,
• violate any contractual, legislative or regulatory provision,
• engage in any activity likely to interfere with a third party’s computer system, in particular for the purpose of violating its integrity or security,
• promote their services and/or websites or those of a third party,
• assist or incite a third party to commit one or more of the acts or activities listed above.

The User also refrains from:

• copying, modifying or misappropriating any element belonging to WEINK or any concepts it exploits within the framework of the Services,
• engaging in any behavior likely to interfere with or hijack WEINK’s computer systems or undermine its computer security measures,
• infringing WEINK’s financial, commercial or moral rights and interests,
• marketing, transferring or otherwise giving access in any way whatsoever to the Services, to information hosted on the Platform or to any element belonging to WEINK.

16.1.4 –               Concerning the Manuscript and the Content

Each User undertakes not to infringe the intellectual property rights of the Manuscripts and Content on the Platform. In particular, Users undertake to:

• 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 ;
• Modifying, or creating derivative works of the Content and Manuscript, except to the extent permitted by applicable law;
• 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).

16.1.5 –               Community Features and User Interactions

The Platform may include community-oriented features enabling Users to publish reviews, comments, reactions, participate in discussions, create shared reading lists, engage in collaborative reading experiences, interact with other Users, and take part in rankings, voting systems, challenges or other engagement mechanisms.

Users undertake to use these features exclusively for purposes consistent with the intended use of the Platform and to act in good faith, with discernment and in accordance with customary standards of politeness and respect. Each User remains solely responsible for the content they publish, the interactions they initiate, and the relationships they establish through the Platform.

WEINK does not guarantee the identity, reliability, behaviour or quality of any User and Users interact with each other at their own risk.

Users shall not publish unlawful, defamatory, abusive, misleading, fraudulent or infringing content, nor engage in harassment, intimidation, manipulation of rankings or engagement mechanisms, artificial inflation of visibility, creation of multiple accounts for abusive purposes, or use of automated tools or bots to distort activity on the Platform.

Users shall further refrain from contacting other Users, by any means whatsoever, for the purpose of circumventing the Services, conducting unauthorised commercial solicitation, selling products or services outside the Platform, or redirecting Users to competing services. Any such conduct may result in suspension or termination of the Account and removal of related content.

WEINK acts as a hosting service provider and does not exercise prior editorial control over User-generated content. However,  WEINK reserves the right to remove, restrict, suspend or moderate any content or behaviour that violates these Terms or applicable laws. WEINK may implement moderation measures that include (without limitation) automated detection, human review, visibility limitation, temporary restrictions on posting, or account-level enforcement. Users may report content and conduct through the reporting tools made available on the Platform (or by contacting support@weink.app).

WEINK may, where appropriate, inform the reporting User and/or the affected User of the action taken, subject to legal, security and operational constraints. Visibility, ranking and prominence of content may depend on automated systems or engagement-based criteria and are not guaranteed.

WEINK reserves the right to immediately suspend or terminate access to any User who engages in harassment, manipulation of platform algorithms or any behavior detrimental to the community, without prior notice or indemnity, notwithstanding WEINK’s status as a hosting provider.

16.2 –     Specific obligations of the Writer

The Writer is responsible for Content and Manuscript that they publish as part of the Services.

The Writer accepts that Content and Manuscript posted on the Platform is made public by default and may be viewed by other Users of the Platform.

Manuscript with 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 by the Writer 18+ on the Platform.

The Writer agrees not to distribute any Manuscript or Content (this list is not exhaustive):

• infringing public order and morality. If the Manuscript or Content is for people over 18, the Writer undertakes to insert the trigger warning (+18 years).
• infringing the rights of third parties (counterfeit content, infringement of personality rights, etc.) and more generally violating a contractual, legislative or regulatory provision,
• prejudicial to third parties in any way whatsoever,
• misleading, deceptive or proposing or promoting illicit, fraudulent or deceptive activities,
• harmful to the computer systems of third parties.

When using the Platform, the Writer is subject to tax and social security obligations. WEINK recommends that the Writer read such obligations carefully.

The Writer is responsible for all formalities and payments arising from the use of the Services.

16.3 –     Responsibility of the User

The User shall indemnify WEINK against any claim and/or action that may be brought against it as a result of the breach of any of the User’s obligations. The User shall indemnify WEINK for any loss suffered and reimburse WEINK for any sums it may have to bear as a result.

17 – WEINK’s obligations and liability

WEINK undertakes to provide the Services with diligence, it being specified that it is bound by a best-effort obligation.

WEINK undertakes to comply with all applicable regulations.

17.1 – Concerning the quality of the Services

WEINK uses its best effort to provide the User with quality Services.

To this end, WEINK carries out regular checks to check the operation and accessibility of its Services and may carry out maintenance under the conditions specified in article “Maintenance“.

However, WEINK shall not be held liable for temporary difficulties or impossibilities in accessing its Services resulting from:

• circumstances external to its network (including but not limited to partial or total failure of the User’s servers),
• failure of equipment, cabling, services or networks not included in its Services or not under its responsibility,
• interruption of Services by telecom operators or Internet service providers,
• intervention by the User, including but not limited to incorrect configuration of the Services,
• force majeure.

WEINK is responsible for the operation of its servers, the outer limits of which are constituted by the connection points.

Furthermore, WEINK does not guarantee that the Services, as they are subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults.

17.2 – Concerning the Platform service level guarantee

WEINK offers no guarantee of the Platform’s level of service.

However, WEINK makes every effort to maintain 24/7 access to the Platform, except in the event of scheduled maintenance under the conditions defined in article “Maintenance” or in the event of force majeure.

17.3 – Concerning the backup of data on the Platform

WEINK shall use its best efforts to safeguard all data entered on the Platform.

However, except in the case of proven negligence on the part of WEINK, it is not liable for any loss of data during maintenance operations.

17.4 – Concerning data storage and security

WEINK provides sufficient storage capacity for the operation of the Services.

WEINK makes its best efforts to ensure data security by implementing measures to protect infrastructures and the Platform, to detect and prevent malicious acts and to recover data.

17.5 – Concerning the publication of Content

WEINK undertakes to keep the Manuscript confidential from the moment the Writer sends it to WEINK until it is published on the Platform.

WEINK acts as a hosting service provider for the Manuscript and more generally of any Content that the Writer publishes online. Consequently, it is not responsible for such Content and Manuscript.

If WEINK receives a notification concerning illicit Content, it will act promptly to remove it or render access to it impossible as described in article “and may take the measures described in article “Sanctions in the event of breach”.

17.6 – Concerning advertising on the Platform

WEINK may publish and/or send to the User any advertising or promotional messages, in particular by referring the User to third-party platforms.

However, WEINK is not responsible for:
– the User’s relationships with these platforms.
– technical availability and content, products and/or services of these platforms,

17.7 – Concerning subcontracting and assignments

WEINK may use subcontractors to carry out the Services, and these subcontractors are subject to the same obligations as WEINK. Nevertheless, WEINK remains solely responsible to the User for the proper performance of the Services.

WEINK may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the User.

18 – Limitation of WEINK’s liability

WEINK shall be liable only for proven direct damages (direct and certain loss) suffered by the User and directly caused by WEINK’s breach of these Terms and Conditions. In no event shall WEINK be liable for any indirect, consequential or punitive damages, or for any loss of profit, loss of revenue, loss of opportunity, loss of data, loss of goodwill or reputational harm, even if advised of the possibility of such damages.

Where the User is a Writer acting as a professional, WEINK’s aggregate liability under these Terms and Conditions shall be capped at EUR 5,000 for all claims arising during a twelve (12) month period.

19 – Admissible modes of proof

Proof may be established by any means.

The User is hereby informed that messages exchanged via the Platform as well as data collected on the Platform and WEINK’s computer equipment constitute the main accepted mode of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.

20 – Personal data processing

To find out more about the processing carried out by WEINK, the User is invited to consult WEINK’s privacy policy, which is available on the Platform.

21 – Force majeure

The parties shall not be liable for any failure or delay in the performance of their contractual obligations due to force majeure occurring during the term of their relationship as defined in article 1218 of the French Civil Code.

If one of the parties is prevented from fulfilling its obligations due to force majeure, it must inform the other party by registered letter with acknowledgement of receipt. Obligations will be suspended on receipt of the letter and must be resumed within a reasonable time once the force majeure has ceased.

The prevented party nevertheless remains bound by the performance of obligations not affected by force majeure and by all payment obligations.

22 – End of Services

The User may unsubscribe from the Services, directly and free of charge, via the dedicated function via their Account, unless they have a Premium Subscription. In that case, the User must terminate the Premium Subscription at the latest 7 days before the end of the current Period via the dedicated function via their Account.

Any Period started is due in its entirety.

Termination is effective immediately, and all data related to the Account will be deleted within 15 days.

The User no longer has access to their Account once the Services have ended.

The User is hereby informed that it’s their responsibility to give or convert these Beans when they are a Writer before deleting their Account. All Beans will be deleted upon deletion of the Account, without it being possible to recover the Beans afterwards.

23 – Sanctions in the event of breach

The following are material obligations to the User (the “Material Obligations“):

– not to provide WEINK with incorrect or incomplete information,
– to comply with usual rules of politeness and courtesy in dealings with WEINK,
– not to use the Services for a third party,
– not to engage in any illegal or fraudulent activities or activities that infringe on the rights or safety of third parties, undermine public order or violate applicable laws and regulations. In particular, not to infringe the copyright of a third party.

In the event of a breach of any of these Material Obligations, WEINK may:

– suspend or terminate the User’s access to the Services,
– remove all Beans from User Account,
– delete all Content related to the breach,
– publish on the Platform any information message WEINK deems useful,
– notify any competent authority, cooperate with it and provide it with any information that may be useful in investigating and punishing illegal or illicit activities,
– take any legal action.

These sanctions are without prejudice to any damages that WEINK may claim from the User.

In the event of a breach of any obligation other obligations than a Material Obligation, each party may request the defaulting party by any useful written means to remedy the breach within a maximum period of 15 calendar days. Services will be terminated at the end of this period if the breach is not remedied.

Termination of Services entails deletion of the Account.

24 – Modification of Terms and Conditions

WEINK may modify its Terms and Conditions at any time and will inform the User by any written means (and in particular by email) at least 7 calendar day before they come into force.

Modified Terms and Conditions are applicable as soon as they come into force.

If the User does not accept these modifications, they must unsubscribe from the Services in accordance with article “End of Services“.

If the User uses the Services after the entry into force of the modified Terms and Conditions, WEINK considers that the User has accepted them.

25 – Relationship between the Parties

It is expressly agreed that neither party may rely on these provisions to claim, in any way, the status of agent, representative or employee of the other party, nor bind the other party to third parties, beyond the Services provided for herein.

26 – Language

In the event of contradiction or dispute as to the meaning of any term or provision, the English language shall prevail.

27 – Registration on the opposition list for telephone canvassing

In accordance with law n° 2014-344 of March 17, 2014, the Reader is informed that, as a consumer within the meaning of the French Consumer Code, they have the option of registering free of charge on the BLOCTEL telephone anti-solicitation list (www.bloctel.gouv.fr) in order to no longer be contacted by telephone by a professional with whom they have no current contractual relationship.

28 – Mediation

In the event of a dispute between the Reader and WEINK, the Reader may have recourse free of charge to the following consumer mediator for an amicable settlement:

Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Phone : 06 09 20 48 86
https://www.cm2c.net

If the Reader is a foreign consumer located in the European Union, they can go to the European consumer law dispute resolution platform accessible here.

29 – Applicable law and jurisdiction

The Terms and Conditions are governed by French law.

Only for the Writer: In the event of a dispute between the Writer and WEINK, and in the absence of an amicable agreement within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), except in the event of mandatory provisions to the contrary.