These terms and conditions (“T&C”) govern the use of WayUp, a sleep and

productivity app developed and operated by WayUp, a French simplified joint stock

company (société par actions simplifiée) with a capital of €1,500, registered with the

Meaux Trade and Companies Register under number 977 878 743having its

registered office at 2 bis rue Alfred Nobel, 77420 Champs-Sur-Marne, France,

(“we”, “us”, or “our”). By accessing and using WayUp, you agree to be bound by

these Terms.

1. Description of the App, Acceptance of Terms, Modification of

Terms

(a) Welcome to WayUp, a sleep and productivity application that allows users to take

healthy habits. By using the App, you acknowledge that you have read, understood,

and agreed to these Terms.

(b) The Company may offer additional services or features within the App that are

subject to separate terms of service. Unless explicitly stated otherwise, such services

or features shall be subject to these Terms.

(c) These Terms, along with our Privacy Policy and any additional terms or rules

provided within the App (collectively, the “Terms”), constitute the entire agreement

between you and the Company. By using the App, you accept and agree to these

Terms.

(d) The Company reserves the right to change or amend these Terms at any time.

We will notify you of any material changes or amendments by posting the updated

Terms within the App. Your continued use of the App after such changes will

constitute your acceptance of the modified Terms.

(e) If you do not agree to these Terms or any future changes, you should not create a

User Account or use the App.

2. Eligibility

(a) WayUp content is considered suitable for all age groups

(b) By using WayUp, you represent and warrant that you have the legal capacity to

enter into these T&C and comply with all applicable laws and regulations.

3. App License; App Access, Suspension, and Termination

(a) The Company grants you a limited, non-exclusive, non-transferable license to

access and use the App for your personal, entertainment use. This license does not

include the right to redistribute or resell the App or its content.

(b) The App, including its content, materials, and intellectual property, is protected by

copyright and other laws. You may not use, modify, reproduce, duplicate, sell, or

exploit the App or its content without the Company’s express written consent.

(c) The Company reserves the right to limit, suspend, or terminate your access to the

App at any time if you violate these Terms or engage in inappropriate or

unacceptable conduct. In such cases, you are prohibited from accessing or using the

App through any other means.

(d) You may terminate these Terms by ceasing all use of the App. Certain provisions,

such as intellectual property rights and dispute resolution, will survive termination.

(e) The Company may update the App from time to time, and your continued use of

the App after an update will be subject to these Terms.

2. User Account

(a). To use certain features of WayUp, you may be required to create a user account.(b) When creating your account, you must provide accurate and complete

information.

(c) You are responsible for maintaining the confidentiality of your account credentials

and for all activities that occur under your account.

(d) You agree to notify us immediately of any unauthorized use of your account or

any other breach of security.

(e) We reserve the right to suspend or terminate your account at any time, without

prior notice, for any reason or no reason.

4. In-App Purchases

(a) WayUp may offer in-app purchases, such as virtual currency, items, or additional

content (“In-App Purchases“).

(b) You may make In-App Purchases by using real money or virtual currency, as

applicable.

(c) All In-App Purchases are final and non-refundable.

(d) You are solely responsible for any charges or fees associated with In-App

Purchases, including applicable taxes.

(e) We reserve the right to modify or remove any In-App Purchase at any time,

without prior notice.

5. User Conduct

In order to access and use the App, each User will need to register and create a

unique User profile account (each, a “User Account”). You agree to create only one

(1) unique User Account and that you shall be the sole authorized user of your User

Account. You may create a User Account directly through the App, or by logging in

through your Apple or Google accounts (Apple and Google will automatically provide

the information we need from you).

As part of the User Account creation/registration process, Users will be asked to

submit certain information such as the gender, age and to create a User Account

login password (or to enter your Apple or Google login password (collectively,

“Registration Data”). You agree that you are prohibited from selling or transferring

your User Account. You agree that all Registration Data you provide to Company will

be true, accurate, current, and complete. Company may from time to time modify or

add to the Registration Data information fields required as part of the User Account

creation/registration process, and you agree to promptly complete any such

additional or modified information fields when requested by Company.

Company will have the right to use your Registration Data in connection with

servicing and operating the App. You agree (i) to keep your Registration Data true,

accurate, current and complete at all times (and will promptly update your

Registration Data as necessary from time to time), (ii) to restrict access by any other

person or entity to your User Account, password or other login information, (iii) to not

knowingly use the name or email of any other person without authorization, (iv) to not

use an User public profile name that is profane, offensive or otherwise inappropriate,

(v) to not allow any third party to use your login information, Registration Data or

Account, and (vi) to notify Company of any breach of security by promptly sending

Company an e-mail to [email protected]. You agree that you will be liable for

all activities that occur under your User Account, even if such activities were not

committed by you. Company is not responsible for any loss or damage as a result of

someone else using your User Account, Registration Data, or password with or

without your knowledge.By providing us with your email address or other contact information and using the

App, you hereby affirmatively consent to the use of your email address or other

contact information for notifications from us regarding important service

announcements and other administrative communications related to your use of the

App, as well as certain marketing and other advertising communications from us and

from our third-party advertising partners, as more fully set forth in our Privacy Policy

(https://wayuphealth.fr/en/privacy-policy/). You will be able to opt out of receipt of

certain notifications by following the instructions described in our Privacy Policy,

however, if you do not wish to receive certain service and other administrative

notifications related to the App, your only way to opt out of such messages is to stop

using and delete the App.

You shall not engage in any of the following activities:

1. Violating any applicable laws or regulations;

2. Interfering with or disrupting the operation of WayUp;

3. Impersonating any person or entity, or falsely stating or misrepresenting

your affiliation with any person or entity;

4. Harassing, threatening, or harming other users;

5. Uploading, transmitting, or distributing any content that is unlawful,

harmful, defamatory, obscene, or otherwise objectionable;

6. Engaging in any activity that may compromise the security or integrity of

WayUp or its users’ accounts.

6. User Content

(a) The App may allow you to submit or upload content (“User Content”). You retain

ownership of your User Content, but you grant the Company a non-exclusive, royalty-

free, worldwide license to use, modify, reproduce, and distribute your User Content

for the purposes of operating and promoting the App.

(b) You are solely responsible for your User Content and any consequences of

sharing or posting it. You represent and warrant that you own or have the necessary

rights and permissions to share your User Content through the App.

(c) The Company does not claim ownership over User Content and takes no

responsibility for monitoring or enforcing intellectual property rights in User Content. If

you believe your intellectual property rights have been infringed, please contact us.

7. Intellectual Property

(a) The content, structure and software used for the operation of WayUp are all

protected by copyright. Any representation or reproduction of WayUp, in whole or in

part, made without WayUp’s consent, is a violation of the provisions set forth in the

Intellectual Property Code and may lead to legal action. Any reproduction of the data

disclosed on the platform engages the User’s responsibility and may lead to legal

proceedings, in particular for counterfeiting. The same holds for translation,

adaptation or transformation, arrangement or reproduction by any art or process.

(b) WayUp’s trademarks, domain names, brands, names and logos displayed on the

plateform are protected by intellectual property rights. Any reproduction, whether total

or partial, of these symbols using the elements of the platform without the prior

express authorization of WayUp is strictly forbidden.

8. Limitations of Liability

(a) The App is provided on an “as is” and “as available” basis. The Company makes

no warranties or representations, express or implied, regarding the App’s reliability,

accuracy, or availability.(b) To the maximum extent permitted by applicable law, we shall not be liable for any

indirect, incidental, special, consequential, or punitive damages arising out of or in

connection with your use of WayUp.

(c) We make no warranties or representations about the accuracy, reliability, or

completeness of any content or materials available through WayUp.

9. Indemnification

You agree to indemnify and hold the Company and its affiliates, officers, directors,

employees, and agents harmless from any claims, damages, liabilities, and expenses

(including attorneys’ fees) arising out of your use of the App or violation of these

Terms.

10. Privacy

(a) We collect and process personal information in accordance with our Privacy

Policy, which can be found at https://wayuphealth.fr/en/privacy-policy/

(b) By using WayUp, you consent to the collection, use, and disclosure of your

personal information as described in the Privacy Policy.

11. Modifications to the T&C

(a) We reserve the right to modify or update these T&C at any time, without prior

notice.

(b) The updated T&C will be posted on WayUp, and your continued use of WayUp

after the changes constitutes your acceptance of the modified T&C.

12. Governing Law and Dispute Resolution

These T&C shall be governed by and construed in accordance with the French laws.

13. Nullity of a Clause

The nullity of one of the clauses of these T&Cs shall not invalidate the other clauses

in their entirety, which shall remain in full effect and scope. In such a case, the

Parties shall, insofar as possible, replace the nullified stipulation by a valid one,

consistent with the spirit and purpose of these T&Cs. WayUp’s failure to exercise its

rights hereunder shall not under any circumstances be construed as a waiver of such

rights.

14. Entire Agreement

(a) These T&C constitute the entire agreement between you and WayUp regarding

your use of WayUp and supersede any prior agreements or understandings.

If you have any questions or concerns about these T&C, please contact us

at [email protected]

15. Transfer of the T&Cs

Should WayUp’s legal form and/or legal personality change, including transfer,

merger or partial contribution of assets, the T&Cs will continue to be in full force and

effect for the remaining period.

Furthermore, WayUp may transfer, subcontract, license or delegate all or part of the

T&Cs to an Affiliate or a third party of its choice.