General conditions of use

ARTICLE 1 – PURPOSE

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These General Terms of Use (hereinafter the “Terms”) describe the terms and conditions under which the company UNWD (hereinafter “UNWD” or the “Company”) offers, through an application entitled ROBBI (hereinafter the “Application”), the opportunity for any concerned person (hereinafter the “User”) to control his/her data and transform it into a source of revenue (hereinafter the “Services”).

UNWD offers services that allow Users to transmit their data to commercial entities (brands and/or media advertising agencies) (“Partners”) that wish to access, analyze, and use such data for their advertising and marketing activities while protecting the User’s privacy, in exchange for a revenue source (in euros or points).

UNWD acts as an intermediary, facilitating the transmission of data to the Partners and the receipt of the generated revenue.

These Terms apply to every account created on the Application by a User.

By using the Application, the User accepts and agrees to comply without reservation with all of these Terms. If the User does not accept these General Terms of Use, he/she cannot use the Application.

Each User registered on the Application has a personal space through which he/she can benefit from the services offered by UNWD (hereinafter the “Client Account”).

It is specified that the meaning given to the defined terms, indicated by the use of a capital letter, applies to all of the General Terms of Use.

If you have any questions regarding these Terms, please contact us at [to be completed] before registering.

ARTICLE 2 – ELIGIBILITY AND SCOPE

To use the Application, the User declares and guarantees that he/she is at least 18 (eighteen) years old and legally capable of accepting these Terms.

These Terms apply to Users worldwide.

ARTICLE 3 – ACCESS TO THE APPLICATION

Access to the Application is granted on a temporary basis and we reserve the right to delete or modify access to our Application without notice.

The company UNWD is not responsible if, for any reason whatsoever, the Application is not available at a given moment or for a given period. In such cases, we may limit access to certain parts of the Application or to the entire Application for registered Users.

Each User is responsible for maintaining the confidentiality of his/her login credentials and the activities of his/her account.

Upon activating his/her account on the Application, the User must, among other things, provide his/her first name, last name, date of birth, email address, and telephone number.

As part of the account activation process, the User undertakes to provide accurate, complete, and up-to-date information. UNWD reserves the right to refuse access to the Application in the event of false, inaccurate, or incomplete information being provided.

To be registered as a User, the latter must agree to all of the General Terms of Use as well as the Privacy Policy (insert link).

The User agrees to immediately update any data provided during registration in the event of any changes.

ARTICLE 4 – USE OF THE APPLICATION

The Application may only be used by its Users in compliance with legal provisions.
It may not be used in any manner that contravenes any applicable local, national, or international law or regulation, nor to send, knowingly receive, download, use, or reuse elements that do not comply with our content standards.
The User agrees not to access without authorization, damage, or disrupt any part of the Application or any network or equipment used in its provision.

4.1 The functionalities of the ROBBI Application
Upon activation of his/her account on the Application, the User can access several tabs:

• his/her active data cards;

• his/her “generated revenue” or accumulated points balance;

• the forms to be completed.

The “active data cards” tab allows the User to view and manage his/her data already provided on the Application as well as adjust data-sharing settings by activating or deactivating the various data categories.
The “generated revenue” tab allows the User to access the monetization section of his/her data. He/she has the possibility to view his/her monetization balance and to transfer the available balance from the Application to his/her personal bank account.
The “forms” tab allows the User to declare and enter new data via the Application. The frequency of the forms to be completed by the User may vary depending on the campaigns and the needs of the company UNWD.

4.2 The terms of the rewards system on the ROBBI Application

4.2.1 The RBX Points
The Application is free. The User may be rewarded with points called “RBX”.
The creation of a Client Account simultaneously entails joining the “RBX” rewards program.
The User accumulates RBX points in several ways via the Application, such as:

• validating physical activities that are shared via geolocation;

• answering surveys;

• granting access to certain data from other applications;

• participating in swipe polling actions;

• carrying out specific tasks on a bonus page, if applicable;

• authorizing and sharing certain banking data with the Application;

• making purchases via partner websites using a dedicated URL link or after installing an extension and updating said link;

• referring a new registration on the Application.

The accumulation of RBX points may be limited on a daily, weekly, or monthly basis, subject to prior validation of certain criteria that may delay or prevent the awarding of RBX points to the User.
The verification and awarding criteria for RBX points are subject to change and are detailed on the Application.
The Company reserves the right to withdraw RBX points accumulated by the User if certain criteria are not verified, such as returned purchased products or the use of non-approved means to access partner websites.
The Company reserves the right to disable the referral program or a User’s referral code if it is used inappropriately.
The Company also reserves the right to modify the terms and conditions for the validation and awarding of RBX points to the User.
Within his/her Client Account, the User can view his/her RBX points balance in the Application’s safebox (hereinafter the “Robbi Safebox”).
The Robbi Safebox does not constitute a bank account or any means of payment for the User but only allows him/her to view the RBX points accumulated through the Services offered by the Company.
The User is strictly prohibited from selling or exchanging RBX points, either through the Application or by any other means.

4.2.2 The Rewards
Users can access various rewards offered by the Application (hereinafter “Reward(s)”), such as:

• virtual items (including e-vouchers);

• support for volunteering initiatives or humanitarian or ecological projects;

• participation in limited-time offers;

• obtaining purchase vouchers;

• obtaining partner promotional codes;

• discounts on certain products or even the awarding of sums of money and/or goods and services;

• sums of money.

The Company reserves the right to modify the Rewards available on the Application at any time and without specific justification.
In order to obtain one or more Rewards, the User must possess a required number of RBX points, this number being indicated on the Application.
The terms of obtaining a Reward are detailed in the section entitled “Convert” on the Application.
The User is solely responsible for the choice and use he/she makes of the Reward obtained on the Application. The Company cannot be held responsible for any damages or other harm resulting from the use of a Reward by a User or a third party.
Depending on the Reward and in order to ensure its allocation to the User, the Company reserves the right to verify the identity and age of the concerned User as well as to request the transmission of any additional necessary documents (e.g., bank details).
In any case, the Rewards granted by the Company to the User are not eligible for a cash refund, exchange, return, or any other monetary compensation for amounts owed by the User to the Company.
The User undertakes not to use fraudulent methods to obtain RBX points, such as:

• simulating physical movements (using mechanical devices, software, etc.);

• creating fake locations;

• falsifying physical activity or purchase data through computer queries;

• submitting altered or someone else’s receipts;

• falsifying referrals;

• falsifying the User’s identity;

• creating knowingly incorrect responses to survey campaigns.

The list above is not exhaustive.
The User undertakes to use the RBX points in good faith and in accordance with the provisions of these Terms, subject to the Company’s right to terminate the RBX points program.

ARTICLE 5 – COMMITMENTS OF THE PARTIES

5.1 Commitment of the Company
UNWD undertakes, as far as possible, to inform the User, within reasonable timeframes, of available updates and scheduled interruptions of the Application and its Services.

UNWD undertakes to execute this Agreement in good faith and to inform the User of any obstacle to the provision of the Services offered via the Application.

5.2 Commitment of the User
The User undertakes to comply with the provisions of these Terms.

The User undertakes to comply with the rules regarding the use of the Application as provided within it.

The User may only use the Application for legal purposes. He/she may not use the Application in any manner that contravenes any applicable local, national, or international law or regulation.

The User undertakes not to disrupt and/or interfere in any way with the proper functioning of the Application and not to damage it during its use.

The User undertakes to provide the accurate information necessary for the use of the Application for his/her account.

The User undertakes not to impersonate another User.

The User undertakes to pay the amounts due, in accordance with the Services requested, and is responsible for their payment.

The User undertakes to use the Services offered by UNWD via its Application strictly for personal purposes. The resale of the Services to a third party is strictly prohibited.

The User undertakes not to assign or transfer the information allowing access to the Application to a third party, whether a natural or legal person. The User is solely responsible for the confidentiality of his/her identity information and password to access the Application.

UNWD reserves the right to request proof of identity from the User when it deems it appropriate and necessary in order to ensure the provision of the Services.

The User undertakes to use the Application in accordance with its purpose and not to use it for purposes that may harm a third party.

Failure to comply with the above commitments and these Terms constitutes a material breach, in which case UNWD reserves the right to suspend or permanently delete the User’s account.

ARTICLE 6 – CONTENT STANDARDS

Content standards apply to all elements through which the User contributes to the Application (the “Contributions”) and to any associated interactive functions.

The User undertakes to respect both the spirit and the letter of the following standards. The standards apply to each part of the Contributions and to them as a whole. The Contributions must be accurate (when stating facts), sincere (when expressing opinions), and comply with the applicable legislation in France and in the country from which they are issued.

The Contributions must not:

• contain defamatory, obscene, insulting, hateful, or incendiary elements, promote explicitly sexual scenes or violence, or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;

• infringe on copyrights, database rights, or trademarks of a third party;

• be likely to mislead a third party or be in breach of any legal obligation toward a third party, such as a contractual or confidentiality obligation, or promote illegal activity;

• be threatening, infringe upon or violate the privacy of a third party, cause undue inconvenience, disturbance or anxiety, or be likely to harass, disrupt, embarrass, alarm, or inconvenience a third party;

• be used to impersonate someone else or misrepresent your affiliation with a person, or give the impression that they emanate from us when they do not, or advocate, promote, or assist in any illegal act (for example, copyright infringement or computer hacking).

ARTICLE 7 – INTERACTIVE FUNCTIONS OF THE SITE

In the event that the Application offers functions that allow Users to interact, in general, no interactive function will be moderated by the Application, although it may delete any content that does not comply with these Terms, in accordance with the provisions of Article 8.

In the event that UNWD decides to moderate an interactive function, it will clearly mention this before any use of the Application by the User.

ARTICLE 8 – SUSPENSION AND TERMINATION OF THE ACCOUNT

Failure to comply with these Terms constitutes a breach and may prompt UNWD to take all or part of the following measures:

• immediate, temporary, or permanent deletion of the User’s account;

• immediate, temporary, or permanent deletion of the Services used by the User via the Application;

• sending a warning to the User;

• legal action against the User, including a procedure for the reimbursement of all costs (including, but not limited to, administrative costs and reasonable legal fees) incurred due to the breach;

• communicating this information to law enforcement authorities if UNWD deems it legitimately necessary.

The measures described in this clause are not exhaustive, and UNWD may take any other measures it deems reasonably appropriate.

ARTICLE 9 – INTELLECTUAL PROPERTY

The ROBBI Application constitutes an intellectual creation of which UNWD is the author within the meaning of Articles L. 111-1 and following of the Intellectual Property Code.

All the elements available on the Application, including but not limited to photographs, texts, slogans, drawings, images, icons, sounds, animated sequences (sound or not), as well as all intellectual creations integrated into the website www.robbi.io (hereinafter the “Site”), including databases and software, are the property of UNWD.

Consequently, the rights of reproduction and representation of all the elements presented on the Site are strictly reserved and subject to the prior and express authorization of UNWD.

Access to the Site does not grant the User any rights over the intellectual property rights relating to the Site, which remain the exclusive property of UNWD.

Under the provisions of Article L. 122-4 of the Intellectual Property Code, whether for commercial purposes or not, the representation, rebroadcasting, embedding, or reproduction, in whole or in part, and more generally, any unauthorized exploitation, including derivative works, of all the elements of the Application or the Site is illegal.

“UNWD” is a registered trademark. Any use of its name or logo requires the prior consent of its owners, under penalty of application of Articles L. 713-2 and following of the Intellectual Property Code.

The deletion, circumvention, or any alteration of the content of the Application and the Site is prohibited.

The User undertakes to respect all of UNWD’s intellectual property rights. Failing to do so exposes him/her to legal proceedings, including the characterization of the offense of counterfeiting (without being exhaustive), the penalties for which are provided in Articles L. 335-2 and following of the Intellectual Property Code, and engages his/her civil as well as criminal liability.

ARTICLE 10 – PERSONAL DATA

In the context of the provision of the Services offered by the Application, UNWD collects and processes personal data.

In the context of the execution of this Agreement, the parties expressly agree to comply with the laws, regulations, and other texts of any nature applicable to personal data and cookies, including (i) Law No. 78-14 of January 6, 1978 relating to data processing, files, and freedoms (the “Data Protection Act”), (ii) Regulation (EU) 2016/679 of April 27, 2016 (the “General Data Protection Regulation”), (iii) CNIL deliberation 2019-378 of July 4, 2019 regarding cookies and other trackers.

When the User provides UNWD with personal data in the context of this Agreement for the provision of the Services, or for any other reason, UNWD guarantees that:

• it has provided all required information to the data subjects;

• it has obtained all necessary consents (or any other acceptable legal basis) to collect, process, and provide the data to its Partners for the determined purposes (or, if consents were obtained by a third party, ensuring that they were correctly obtained and have not been withdrawn);

• it will record and communicate to its Partners any withdrawal of said consents and other rights exercised by the data subjects that affect the use of this data by the Company;

• its activities and services carried out for the execution of this Agreement comply with all applicable laws (notably the General Data Protection Regulation (EU) 2016/679), binding regulations, and standards, and that it has kept all necessary documents and completed all required notifications, declarations, and filings;

• it has listed the Company as a recipient of the data on all documents collecting the data subject’s consent and any document containing information due to the data subject regarding the processing in question.

The processing of these personal data is exclusively intended for the provision of the Services offered by the Company to the User and for the following purposes:

• Processing the User’s information requests;

• Contacting individuals for commercial prospecting purposes;

• Ensuring traceability of all actions taken and the history of each User’s requests;

• Implementing contract execution measures to transform Users’ data into a source of revenue;

• Enabling connection to the Application and the Site;

• Providing technical support in case of malfunction;

• Traceability and compliance with legal obligations in the event of a bank transfer;

• Verifying suspicious actions and detecting fraud.

UNWD acts as the data controller. The User acknowledges having given his/her consent to the Company to communicate his/her anonymized data to Partners in accordance with the Services offered by the Company.

UNWD undertakes to communicate only anonymized data to its Partners, within the framework of this Agreement.

UNWD will ensure that its staff applies appropriate security and confidentiality measures in the processing of the User’s data, in order to prevent any data breach, and will only engage sub-processors in accordance with applicable standards.

In order to respond to requests for the exercise of data subjects’ rights, as well as for any data breach or required impact study or audit, UNWD will return or delete the data at the end of the processing (unless applicable laws require that they be retained), and in general in accordance with applicable laws.

All data collected in any form, including supplementary data or new data derived therefrom and any categorization of Users, belongs exclusively to UNWD, which may use it for optimizing statistics and products or for reporting, provision, or resale of such information in a general and anonymized database.

In case of any dispute regarding the processing and/or storage of personal data, the User may lodge a complaint with the CNIL.

For any further information regarding the processing of your personal data, please consult our privacy policy available on the Application and on the Site at the following address: [link to be inserted].

ARTICLE 11 – LIABILITY

Incident Related to the Functioning of the Application or the Site

UNWD disclaims any liability related to any data entry error or insufficiency in the information provided by the User or insufficient guarantees taken. UNWD cannot be held responsible for any discontinuity in the functioning of the Application or the Site, in the event of modifications, hacking, technical difficulties, errors, bugs, or anomalies, which shall not entail its civil or criminal liability.

UNWD cannot guarantee the compatibility of its Application with any equipment or installations with a specific configuration. Any malfunction attributable to incompatible installations or third-party software cannot be attributed to UNWD.

UNWD disclaims any liability resulting from any damages arising from the use (or inability to use) the Application or the Site, including damages caused by malware, viruses, or any inaccuracy or omission of information, except where the damages result from a deliberate act or gross negligence by UNWD.

Furthermore, UNWD disclaims any liability for damages resulting from failure or delay in transmitting electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and the transmission of viruses.

Users of the Application are responsible for all content they make accessible to the Company or to third parties, whether sent by email or stored in personal spaces or spaces accessible to third parties, whether downloaded or transmitted in any other manner through the Application.

In accordance with Article 6.I.7 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, the Company has no general obligation to monitor the content stored on its Application by Users. The Company therefore does not exercise any prior control over said content.

ARTICLE 12 – LINKS AND THIRD-PARTY SERVICES

When the Application or the Site contains links to other websites and resources provided by third parties, these links are provided for informational purposes only.

UNWD does not control the content of these websites and resources and disclaims any liability related to this content or any loss or damage that may result from the User’s use of such content.

ARTICLE 13 – SEVERABILITY

In the event that any provision of these Terms is deemed invalid or unenforceable, that provision shall be limited or deleted to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

ARTICLE 14 – GOVERNING LAW AND JURISDICTION

These Terms are governed by French law and French jurisdiction.

Should the User wish to take legal action for any reason, he/she agrees to first inform UNWD and to make every effort to settle the dispute amicably.

If no agreement can be reached, the French courts shall have jurisdiction.

ARTICLE 15 – UPDATING THE GENERAL TERMS OF USE

UNWD reserves the right, at any time, to modify, in whole or in part, these Terms and undertakes to inform the Users of the Application.

The User undertakes to take note of the modifications made considering their binding nature, and agrees to receive communications related to the Application and any essential service communications, such as security updates or modifications to these Terms.

The revised or updated Terms shall take effect upon notification by the Company to the User and shall apply to the Services offered by the Company after such notification.

ARTICLE 16 – CONSUMER MEDIATOR

If UNWD is unable to resolve a User’s complaint related to these General Terms, the User has the possibility to contact a public or private mediator of his/her choice, either by completing the form provided on the mediator’s website or by sending a letter to the mediator.

UNWD and the User acknowledge and agree to resort to mediation services in good faith.

In accordance with current legislation, the User may contact the following two mediators:

• The Mediation Service of the Federation of Commerce and Distribution; email: mediationconsommation@fcd.fr // address: 12, rue Euler – 75008 Paris

• The Mediation Service of the Federation of e-Commerce and Distance Selling (FEVAD); email: contact@fevad.com and mediateurduecommerce@fevad.com // address: BP 20015 – 75362 PARIS CEDEX 8

UNWD guarantees that the above mediators satisfy the following requirements:

1. They are impartial and independent;

2. Their mediation services are affordable for the Partner Commerce;

3. They are able to provide their mediation services in French;

4. They are easily accessible (physically or remotely);

5. They are able to provide their mediation services without undue delay;

6. They have a sufficient understanding of business-to-business commercial relationships to contribute effectively to dispute resolution efforts.

The pursuit of such an amicable solution interrupts the statutory time limits for taking legal action.
Any attempt to reach an agreement through mediation for the settlement of a dispute does not affect the parties’ right to initiate judicial proceedings at any time.