They are addressed to all the people who download, register and use the “Weynon” Application.
It is therefore imperative that anyone who wishes to use the “Weynon” Application becomes aware of the TOUs, since they define its rules of use.
Acceptance of the TOUs of the “Weynon” Application is deemed, between the parties, materialized as soon as it is downloaded.
The TOUs constitute an agreement which binds:
On the one hand: anyone who registers on the “Weynon” Application,
Hereinafter referred to as the “User”,
On the other hand: WEYNON
Hereinafter referred to as “WEYNON”.
No one under the age of 13 is permitted to register on the Application.
In the TOUs, words or phrases beginning with a capital letter have the following meanings:
It is specified that in relations between WEYNON and the User, the TOUs and the “Privacy and Private Life Policy” govern their entire contractual relationship and apply to the exclusion of any other agreement.
WEYNON reserves the right to modify, at any time, certain Services or to add new ones which will automatically be subject to the TOUs.
Access to Services
The Services are mainly:
Creation of an account by the User
The creation of a User Account necessarily requires the completion of the following steps.
Choosing an Alias
To create their Account, the User must choose an Alias they wish to be identified by on the “Weynon” Application and, in particular, to their Friends. It is therefore recommended to use first and last names, although the use of a pseudonym is possible.
If a pseudonym is used, WEYNON cannot guarantee an optimal use of the Weynon Application and this use is carried out under the sole responsibility of the User concerned.
In any event, Users expressly acknowledge that WEYNON does not have the physical means to control the exact identity of every User or the veracity of the information provided by them.
The User may modify their Alias at any time by going to the “Settings” section.
WEYNON reserves the right to delete the Account of any User whose Alias would be contrary to morality or illegal, without notice or indemnity in favor of the User, nor prejudice to the rights of WEYNON.
Validation of the user’s telephone number
In order to prevent a person from registering another against their will, a verification test is carried out consisting in sending a temporary access code to the smartphone of the User being registered. This password is sent by SMS and/or voice message.
The User must enter this password to complete their registration.
Acceptance of geolocation
The purpose of the “Weynon” Application is to allow Users, who so desire, to be geolocated by their Friends. Accordingly, registration in the “Weynon” Application is only possible if the User who signs up agrees to be geolocated. For this purpose, depending on the settings of the smartphone used by the User, geolocation must be activated for registration on the “Weynon” Application.
However, once the User is registered, they can disable this geolocation for the “Weynon” application, which means that no one of their friends can geolocate them.
WEYNON draws the attention of the User:
The purpose of the “Weynon” Application is to allow Users, who so desire, to be geolocated by their Friends. As a result, registration for the “Weynon” Application is only possible if the Registered User accepts that the address book on their smartphone is downloaded by the “Weynon” Application. For this purpose, depending on the settings of the smartphone used by the User, geolocation must be activated for the “Weynon” application.
If the User wishes to share their geolocation with people who are not present in their address book or who are present without being Friends, they must use the functionality described in the article “Temporary geolocation service”.
However, any person in the address book is not necessarily a “Friend” within the meaning of the TOUs, namely a person the User wishes to be geolocated by. WEYNON expressly recommends Users to show good judgment to make their choices of Friends, both by sending invitations and responding to the invitations they receive.
This is the reason why the User must choose their “Friends”, within the meaning of the TOUs, one by one.
This choice is made by means of an invitation, which is addressed to the Friend through:
A notification via the “Weynon” Application for the Friends chosen who are already Users of the “Weynon” Application
A notification by SMS for the Friends chosen who are not Users of the Application “Weynon” yet (the User being solely responsible for the possible cost of the SMS).
The User may choose to receive notification of the acceptance of their invitation by their Friend or to see the acceptance of this invitation by logging directly into their Account.
Only the User can access the address book they have downloaded. This address book is never shared with other Users or Friends.
In any case, a Friend receiving an invitation from a User and wishing to join them on the “Weynon” Application, must have, like the User themselves, a smartphone supporting the “Weynon” Application. In this regard, the User is informed that if they change their smartphone and wish to continue to use the “Weynon” Application, they must choose a new smartphone compatible with the “Weynon” Application.
The “Weynon” application allows any User to share, with their Friends, their geolocalisation by using a geographical map whose display is dynamic.
The geolocation corresponds to the geographical position in the world of a User.
This geolocation is provided in real time; being understood that, given the intrinsic hazards of telecommunication networks, in particular as regards the bandwidth of these different networks, latency times may occur and that in any case the commitment to provide to he Friends of any User their geolocation in real time is subscribed by WEYNON as a simple obligation of means.
Every User may, using the logo provided for this purpose, set up the “Weynon” Application so that it is not geolocated by anyone or by some of their Friends only. In addition, the User may opt for a geolocation in the city where they are located only.
Every User may also withdraw the Friend status at any time and to any person and be removed from the Friend status by any other User.
The Geolocation Service operates, in normal conditions of use, throughout the world. However, in order to be geolocated, a user must have a telephone in normal operating condition and sufficient network coverage.
WEYNON also draws users’ attention to the fact that the geographical maps it uses to geolocate the Users are produced by third parties and that geographical areas may not yet be processed anywhere in the world and/or that the transformations made are not yet relayed on these maps (for example new streets, renaming a street). Any User may contact WEYNON to inform them of the geographical features of a place not yet taken into account by the “Weynon” Application and WEYNON will do do their utmost to take them into account as soon as possible.
In addition to the Geolocation Service, Friends can:
By setting the “Weynon” Application, the User can, at any time:
WEYNON does everything on a daily basis to improve the “Weynon” Application and propose new features.
WEYNON draws the attention of the User to the fact that the Accessory Services listed in this article may not be fully or partially functional depending on the download platform used by the User and/or the version of the ‘WEYNON’ application installed by the User on their smartphone and/or the operating system version of the smartphone; what the latter accepts.
Convention on evidence
In general, WEYNON recommends that all Users protect their smartphone using the password system that it offers.
In any event, the User is solely responsible for their smartphone and, more particularly, for protecting their content by means of a password as well as for the use they make of this smartphone.
Accordingly, the User expressly acknowledges that the use of the “Weynon” Application, by means of the User’s smartphone, is valid, in the relations between the parties as well as between the User and their Friends, proof of their identity and expresses their consent to all operations that will be carried out on the “Weynon” Application.
The User must ensure to maintain their valid telephone number during the period of their registration on the “Weynon” Application. Otherwise, it will not be able to access it.
Users expressly agree that WEYNON’s automatic registration systems shall be considered proof of:
WEYNON shall not be liable for any damages that Users may suffer as a result of third party use of their Account. In the event of loss, misappropriation or fraudulent use of the smartphone, the User must immediately notify WEYNON. They remain responsible for any use made of their Account before informing WEYNON and before WEYNON can, within a reasonable time, block its use.
Characteristics of Contents
Content is registered on the “Weynon” Application by a User for the sole purpose of being exchanged with their Friends. Except for this exchange, this Content will be accessible only by them from their Account. However, WEYNON personnel authorized by WEYNON for this purpose and, in particular, administrators of the “Weynon” Application will be able to access the User’s Content for the purposes of assistance to Users, administration, operation and supervision of the Services.
For technical reasons, only the file types whose format is accepted by the most common smartphones on the market are processed on the “Weynon” application; being specified that WEYNON may at any time take the decision to limit the size granted to the Account allocated to all or some of the Users.
Finally, no Content, likely to pose a threat to the computer security of the Application “Weynon”, can be registered by the User on their Account.
In all cases and at any time, the User may delete any Content from their Account by sending a written request to WEYNON.
Content remains in the User Account until the User requests the deletion from WEYNON. It is specified that, technically, WEYNON cannot be aware that a User has uninstalled the “Weynon” Application. Consequently, it is imperative that the User wishing to do so contacts WEYNON for the deletion of their Contents. In this case, WEYNON will delete all Contents as soon as possible (approximately 10 business days).
Legality of Contents
The Content is the sole responsibility of the User, except the Content consisting of elements (e.g. “emoticons”) made available by WEYNON on the “Weynon” Application provided they have not been modified.
WEYNON provides only a technical hosting service for the Content. Since the content management on the “Weynon” Application is fully automated, WEYNON does not verify the consistency and therefore the legality of a Content when registered by the Users, which is in principle immediate, subject to processing times related to telecommunication networks.
WEYNON has the quality of editor of the only contents that it publishes of its own initiative on the “Weynon” Application. The Content registered by the Users on the “Weynon” Application is not subject to any control, either a priori or a posteriori, by WEYNON. By application of the WIPO Treaty signed in 1996 and the and the Berne Convention,” WEYNON is thus expressly deemed between the parties to have the quality of hosting and not of publisher of the Contents thus registered on the “Weynon” Application.
As such, and in accordance with the aforementioned Law No. 2004-575 of June 21, 2004, which determines in particular the responsibilities of the content hosts for making available to the public through online communication services to the public online, WEYNON is obliged, in its role of host, to act promptly to remove the illicit contents that it would host or make it impossible to access, as soon as it becomes aware of it.
It is recalled that WEYNON does not have a general obligation under this law to monitor the information and content accessible on the “Weynon” Application, nor the general obligation to look for facts or circumstances revealing unlawful activities.
By way of example, without this list being of any exhaustive nature, Users commit not to register any Content or send a message which:
The User expressly accepts that WEYNON may remove from their Account any Content that is contrary to good morals or does not comply with the regulations in force with regard to online content, without notice or indemnity in favor of the User, nor prejudice of the rights of WEYNON.
In any case, the User agrees to respect the laws applicable in the countries in which he uses the “Weynon” Application.
If a User finds Content that does not comply with the stipulations of this article and/or the provisions of a Lebanese or foreign law, this User agrees to inform WEYNON immediately.
The User grants to WEYNON the right to reproduce on its servers any Content present on their Account for the purpose of operating the “Weynon” Application. In addition, the User grants to WEYNON the right to represent on the Application “Weynon”, from the reproductions thus made, any Content that does not have the characteristics of a private correspondence, in particular for the attention of the Users’ Friends. These rights are granted to WEYNON, for the whole world, on a non-exclusive basis, for the maximum period of protection of these rights, subject to a request for the deletion of the Contents as provided for in the article “Characteristics of Contents”.
WEYNON draws the User’s attention to the fact that, the use of the “Weynon” Application being free, the rights granted to WEYNON by the User under the preceding paragraph are also free.
WEYNON cannot be held responsible for the Contents registered and/or transmitted by a User, on their own initiative and under their exclusive responsibility, liable to contravene the rights of third parties. In particular, the User agrees with WEYNON to hold all the intellectual property rights or to have the authorization of the owners of rights on the Contents that they register on their Account and/or transmit to their Friends and/or to WEYNON and guarantees WEYNON, in the case of fault on its part, the consequences of the registration of these Contents on the “Weynon” Application and their transmission.
In addition, it is strictly prohibited for Users to enter, by any means whatsoever, data likely to modify or affect the content or presentation of the “Weynon” Application, in particular viruses, Trojan horses, spyware, malicious software, etc.
Rendering of Content
During the execution of the TOUs, the User may at any time take copies of the files constituting the Content present on their Account.
Generally speaking, with regard to the free hosting of the User Content, WEYNON does not guarantee the User a complete and perfect backup of their Content on the “Weynon” Application, nor their permanent accessibility to their Account.
In particular, WEYNON does not assume any obligation to supply its Content to the User at the end of the TOUs, whatever the reason.
Therefore, it is up to the User to regularly back up this Content present on their Account on any media belonging to them and preferably not only on their smartphone.
Computer Technology and Freedom
How the “Weynon” Application works
The application “Weynon” is optimized for use with the following smartphones: iPhone(s) under the Apple brand, model 5 or newer, and equipped with the iOS9 or iOS10 operating system, smatphones equipped with the Android operating system, for a version higher than 4.0.4. In the event that the version of the smartphone and/or its operating system is no longer supported by WEYNON during the execution of these Terms, the User may continue to use the “Weynon” Application, but the operation may be disturbed and/or degraded and/or interrupted.
The “Weynon” Application is normally available 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of WEYNON. However, WEYNON does not warrant that the “Weynon” Application will operate continuously without interruption or error.
In addition, the operation of the “Weynon” Application may be temporarily degraded or interrupted, in whole or in part, and to all or some of the Users, due in particular to maintenance, updating or technical improvement, without notice.
WEYNON does not commit to any continuity or quality of service, which the User expressly accepts. Consequently, WEYNON cannot be held liable for any such interruptions or malfunctions.
In addition, WEYNON cannot be held responsible for the no operation, the inability to access or malfunction of the “Weynon” Application attributable to unsuitable equipment, malfunctions of the services of the Users’ access provider or of telecommunication networks. The same shall apply to any other reasons external to WEYNON.
Furthermore, Users acknowledge that the characteristics and constraints of the telecommunication networks do not guarantee the total security, availability and integrity of the data transmissions, consequently also with regard to the “Weynon” Application.
Finally, since telecommunication networks are accessible to all and in particular to mean-spirited people, Users acknowledge that WEYNON cannot guarantee the absolute secrecy of the correspondence exchanged by the means made available to them on the “Weynon” Application or the diffusion of their geolocation to their friends only.
WEYNON holds all intellectual property rights and/or exploitation rights, in particular in respect of copyright, database law and trademark law, relating to the “Weynon Application”, Its content and all the elements that constitute it.
The “Weynon” Application, as well as the software, database structures, texts, information, analyzes, images, photographs, graphics, logos, sounds, marks or any other data contained on the “Weynon” Application remain the property of WEYNON and/or third parties with which it has entered into an operating agreement.
They may not be reproduced, used or represented without the express written permission of WEYNON, under penalty of prosecution.
WEYNON grants Users a non-exclusive, personal and non-transferable right to use the “Weynon” Application and the original intellectual works and data contained therein. The right thus granted consists of (i) a right to consult the original intellectual works and data contained in the “Weynon” Application and (ii) a reproduction right consisting of the printing and/or preservation of such original intellectual works and data consulted. This right of use is strictly for private use only.
Any other use of the “Weynon” Application, in particular commercial use, by the Users is prohibited without the express written authorization of WEYNON.
Users may not reproduce and/or represent for any purpose other than private, download, sell, distribute, transmit, translate, adapt, exploit, distribute and communicate in whole or in part in any form, commercially or otherwise, any original intellectual work or data contained in the “Weynon” Application.
Finally, the name “Weynon” has been registered by WEYNON as a trademark.
Termination of TOUs
###Termination in connection with the download platform publisher
Each party has entered into a contract with the publisher of the download platform from which the “Weynon” Application can be downloaded by the User. The maintenance of the execution of these contracts is a necessity for the execution of the TOUs.
It is the User’s responsibility to maintain their contract with the publisher of the download platform. Otherwise, they could no longer use the “Weynon” Application, in whole or in part.
WEYNON commits to inform the User as soon as possible and in the best possible form of the possible termination of their own contract with the publisher of the download platform if such end involves any impact on the execution of the TOUs.
If applicable, the TOUs shall terminate on the date on which the contract concluded by either party with the publisher of the download platform has ended.
Principle of freedom of termination
The TOUs constitutes a contract concluded between WEYNON and the User, taking effect on the date of registration of the User.
As this contract is for an indefinite period, either party may terminate it, without cause or indemnity for the other party, by giving thirty (30) days notice when the termination is at the initiative of WEYNON and immediately when the termination is at the initiative of the User. In the latter case, it is simply necessary for the User to uninstall the “Weynon” Application and, if necessary, to send a request for the deletion of the Contents as provided for in the article “Characteristics of the Contents”.
Termination for non-utilisation of Account
In particular, WEYNON may terminate the TOUs if the User does not log in to their Account for a period exceeding six (6) months. Termination of the TOUs will however be preceded by sending a reminder by SMS to the telephone number communicated by the User when registering.
The former User may however register again.
Termination for default
WEYNON may, at its convenience, issue a notice for the purpose of recalling its obligations to any User who is at fault.
It is specified that WEYNON reserves the right to terminate the TOUs binding it to a User who does not respect their substantive contractual obligations or the laws and regulations in force. In the event of an emergency and in particular in the event that WEYNON is required to withdraw all or part of the Content registered on the “Weynon” Application by the User pursuant to the law and/or the TOUs or in the event that WEYNON finds that a User distorts or attempts to distort the use of the “Weynon” Application, the termination of the TOUs may be effective immediately, that is to say without any prior notice or indemnity for the latter and without prejudice to their other rights.
Terms of notification of termination
In the case of a termination taking place on the User’s initiative, the user must simply remove the “Weynon” Application from their smartphone.
In this case, the geolocation of the User is unavailable, within a few minutes, for all their Friends who can no longer contact them by means of the “Weynon” Application.
In the event of a termination of the TOUs taking place on the initiative of WEYNON, the notification of the contractual breaches alleged shall be notified to the User by SMS, at the telephone number which the latter will have communicated at the time of their registration.
WEYNON shall not be liable for any facts other than those relating to the edition of the “Weynon” Application and the Services it offers.
WEYNON can under no circumstances be held liable for any damage that may occur on a User’s smartphone and/or loss of data resulting from the use of the “Weynon” Application by a User, unless there is a proven fault on their part.
WEYNON does not commit to:
WEYNON shall not be liable for any loss suffered by a User as a result of lost profits, loss of luck or loss of image. The liability of WEYNON can only be identified for direct and foreseeable damage, exclusively caused by a proven failure of WEYNON to fulfill its contractual obligations.
Except for any legal or regulatory constraint, WEYNON does not subscribe to the User any contractual obligation of result under the TOUs.
In the event that the liability of WEYNON is sought in the event of a failure by a User to fulfill their obligations under the terms of the TOUs binding them to WEYNON or the laws in force, the User agrees to guarantee WEYNON of all condemnations pronounced against WEYNON or amicable compensation.
This guarantee covers both the indemnities that would be paid, and the attorneys’ fees and legal fees that would be borne by WEYNON.
To the extent legally foreseen, the liability of WEYNON is limited to the repair of the only damages which are certain, real and proven by the User.
WEYNON shall not be liable for any failure, delay or non-fulfillment of its obligations under the TOUs, where such default, delay or non-performance is linked to a case of force majeure.
Expressly, force majeure or unforeseeable events are considered, in addition to those usually adopted by French jurisprudence: total or partial strikes, internal or external to WEYNON, lockouts, bad weather, telecommunication means blocking for any reason, computer or server failures, electrical or technical problems, failure or malfunction of the transmission networks and any other case beyond the control of the parties preventing the normal execution of the TOUs.
In addition, the User declares they are aware of the complexity of the world telecommunication networks, the unequal capacities of the various sub-networks, the influx of Users at certain hours and the various “bottlenecks” in some parts of these networks. The current transmission protocols via these telecommunication networks do not make it possible to ensure the correct reception and integrity of the information, messages and documents transmitted in a certain and continuous manner. WEYNON’s responsibility cannot be sought in the event of a bad transmission due to failure or malfunction of these telecommunications networks.
The fact that one of the parties to the TOUs does not rely on a breach by the other party of any of its contractual obligations cannot be interpreted in the future as a waiver of the obligation in question.
Transfer of the TOUs
The User agrees in advance that WEYNON may be substituted in the execution of the TOUs by any other person of their choice. TOUs entered into between the User and WEYNON will be deemed terminated between the parties so that each of them will be released from their obligations to the other and new TOUs will be deemed concluded between the User and the entity which will substitute for WEYNON. The TOUs will then be updated accordingly by the successor of WEYNON.
Language of the TOUs
In case of translation of the present TOUs into a language other than English, only the English version of the TOUs will be legally valid and can be produced in court.
Any dispute must be addressed in English to WEYNON.
In the event that the article “In international law” does not apply, the User commits to send WEYNON any document, letter, notification, legal writing and attachment in an English version, carried out at the exclusive expense of the User.
The TOUs are subject to Lebanese law for any dispute and to the WIPO and the copyright treaty signed in 1996 and the Berne Convention and in case of any absence of laws and terms, the French law No. 2004-575 of June 21, 2004 “for confidence in the digital economy shall be applicable.
All disputes arising out of or in connection with the present TOU shall be finally settled through Arbitration, in Beirut Lebanon under the rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules. The Language of the Arbitration shall be the English Language.
IN VIEW OF THE MOBILITY ASSOCIATED WITH THE BENEFIT OF THE SERVICES, AND IN PARTICULAR THE APPLICATION “WEYNON”, THEIR SERVICE SHALL BE DEEMED TO ARISE FROM THE WEYNON SUPERVISION CENTER LOCATED AT ITS REGISTERED OFFICE.
In international law
THE ARBITRATORS WILL BE SOLELY COMPETENT TO HEAR ANY DISPUTES RELATING TO THE TOUs, INCLUDING, BUT NOT LIMITED TO, THE LIMITATION OF THEIR VALIDITY, INTERPRETATION, PERFORMANCE AND/OR TERMINATION AND ITS CONSEQUENCES, IN CASE OF A GUARANTEE CALL AND PLURALITY OF DEFENDERS, EVEN FOR THE SUMMARY PROCEDURES OR BY REQUEST.