Terms
of Use

1.1. These terms of use (the “Terms”) set out the rules for accessing and using the Weissy mobile app, available on iOS and Android (the “App”), and the services it offers (the “Service”).

1.2. Together with the Community Rules, which form an integral part of them, they make up the contract between you and the publisher of the Service named in article 2. If the two documents conflict, the Terms prevail.

1.3. The Privacy Policy tells you how your personal data is processed. It is not a term of the contract: it is information the law requires us to give you, and your rights over your data do not depend on your acceptance of the Terms.

2.1. Publisher. The Service is published and operated by LinkUp SAS, a simplified joint-stock company registered in France. In these Terms, “Weissy”, “we”, “us” and “our” refer to LinkUp SAS acting as publisher of the Service.

2.2. Hosting. The App and its content are hosted by Microsoft, on its Microsoft Azure service, in the France Central region (European Union). Corporate name, address and telephone number of the host: Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland. Telephone: +33 9 70 01 90 90 (Microsoft France).

2.3. Single point of contact. For any question, complaint or notice about content, write to us at contact@weissy.net. This address is the single point of contact for users, and for the authorities of the Member States, the European Commission and the European Board for Digital Services, within the meaning of articles 11 and 12 of Regulation (EU) 2022/2065 on digital services (the “DSA”). You can write to us in French or in English.

• Account: the personal space created when you sign up, which identifies you in the App.
• User or you: any person who holds an Account.
• Content: any information you post or transmit through the Service: text, photo, video, caption, comment, message, profile information.
• Challenge: a proposal published in the App that invites Users to respond to it, in particular with a video.
• Creator: the brand or content creator on whose behalf a Challenge is published. Their name, image and links appear on the Challenge.
• Video Response: the video you send in response to a Challenge, with a caption where applicable.
• Edelweiss: the token of appreciation a User can give to another User's Video Response, and take back.
• Comment: a text posted under a Video Response, or in reply to another Comment.
• Community Rules: the document that defines the content and behaviour that are not allowed on Weissy. Each rule carries a stable identifier (for example RC-03), which we cite when we take a moderation measure.

4.1. When you sign up. Use of the Service requires acceptance of the Terms and the Community Rules. They are presented to you, with a link to their full text, when you create your Account.

4.2. Before your first video, an express acceptance. Before you send your first Video Response, the App asks you to tick a box by which you confirm that you have read and accepted the version in force of the Terms and the Community Rules. This acceptance is recorded by our servers with the identifier of the accepted version, the date and time of acceptance, and the identifier of your Account. Our servers check this acceptance on every upload: until you have accepted the version in force, sending a video is refused.

4.3. Versions. Each version of the Terms carries an identifier (this version: v1). The version in force is always published on this page. Earlier versions are sent to you on request at contact@weissy.net.

4.4. Language. The Terms are written in French, which is the reference version. The English translation is provided for your convenience; in the event of any discrepancy, the French text prevails.

5.1. Weissy is intended for people aged 16 and over. You are asked for your date of birth when you sign up and, once only, if your Account does not have one. It is self-declared: we do not ask for any identity document. Declaring an inaccurate date of birth is a breach of the Terms (rule RC-10).

5.2. Video uploads are checked by the server. Regardless of what the App displays, our servers refuse to accept a Video Response when your Account has no date of birth, or when the declared date corresponds to an age under 16. Viewing Challenges and Video Responses, Edelweiss and Comments are not subject to this additional check.

5.3. If you are between 16 and 18. Where the processing of your personal data is based on your consent, the law allows you to give that consent on your own (article 45 of French law no. 78-17 of 6 January 1978); the Privacy Policy states the legal basis of each processing operation. We nevertheless encourage you to talk about your use of Weissy, and in particular about posting videos in which you appear, with your parents or the people who hold parental authority over you. They can ask us at contact@weissy.net to remove a video in which you appear.

5.4. Reporting the account of a person under 16. If you become aware of an Account belonging to a person under 16, write to us at contact@weissy.net.

6.1. Creation. You create your Account with your phone number (verified by a code sent by SMS), or with your Apple or Google account. You undertake to provide accurate information and to keep it up to date.

6.2. One Account per person. An Account is personal. You may not create several Accounts, use someone else's, transfer yours, or create a new one to get around a measure taken against you (rules RC-10 and RC-16).

6.3. Security. You are responsible for securing access to your Account and for the actions carried out with it. The Settings → Connected devices screen shows the devices signed in to your Account and lets you sign any of them out remotely. If you think someone else is using your Account, write to us immediately at contact@weissy.net.

7.1. What Weissy offers. Weissy is a social sports app. Among other things, it lets you create a sports profile, find athletes near you, exchange connection requests, chat in private or group conversations, join or create groups, organise outings or sign up for them, and take part in Challenges, in particular by responding to them with a video.

7.2. Free of charge. The Service is free. No purchase is offered in the App. Should paid features ever be introduced, they would be subject to separate terms, brought to your attention before any subscription.

7.3. Availability and changes. We use reasonable means to keep the Service available, but cannot guarantee that it will run without interruption or error. The Service may change: a feature may be added, modified or withdrawn. A change that alters your rights or obligations takes the form of a new version of the Terms (article 20).

7.4. Meetups and sport. Outings and meetups organised through Weissy are the responsibility of their organisers and participants; Weissy is not their organiser. Choose an activity suited to your fitness and your level.

8.1. You undertake to comply with the Community Rules in every space of Weissy: profile, conversations, groups, outings, Challenges, Video Responses, captions and Comments, as well as at meetups organised through the App.

8.2. Zero tolerance. Weissy tolerates no objectionable content and no abusive behaviour. The Community Rules define what is not allowed, with examples; breaches expose you to the measures described in article 14.

9.1. Your responsibility. You are responsible for the Content you post. You warrant that you hold all the rights needed to post it, that every recognisable person appearing in it has agreed (article 12), and that it complies with the law and the Community Rules.

9.2. Who sees your Content. Depending on where you post:

• Your profile is visible to other Users.
• Your messages are visible to the participants in the conversation.
• Content posted in a group or an outing is visible to the people who have access to that space, according to its settings.
• Your Video Responses, their captions and your Comments are visible to all Weissy Users, whether or not they take part in the Challenge. The number of Edelweiss received by a Video Response is visible in that Challenge's player.

9.3. No distribution outside the App. Weissy offers no feature to share, copy or save another User's Video Response. Video Responses are played through temporary links, issued for a signed-in User. We cannot, however, technically prevent a screenshot; using one outside Weissy without the consent of the people concerned may make its author liable.

10.1. Challenges. A Challenge is published either by Weissy, on its own behalf or on behalf of a Creator, or by a Creator holding an authorised Account, after approval by Weissy. The update videos a Creator posts on their Challenge are published without prior approval; Weissy may delete them. The specific conditions of a Challenge (how it works, dates, any reward) appear on its page.

10.2. Rewards and contests. When a Challenge comes with a reward, its rules are drawn up by the Creator, who organises it and is responsible for it; they are available from the Challenge page. A winner is never chosen according to the number of Edelweiss received.

10.3. Your Video Response. A Video Response lasts from 3 to 15 seconds. You can film it in the App, in one or several takes, or import a video, which is then cut to 15 seconds. You can add a caption of up to 90 characters, which you can edit later. You can send only one Video Response per Challenge. Once sent, the video cannot be replaced with another one.

10.4. Processing before publication. Before it goes online, your video is prepared for playback, without any change to its picture or sound, and a cover image is produced. The published video and its cover image no longer carry the metadata of the original file, including the location where it was filmed. The original file, which is never distributed and is kept as set out in article 15, still carries that metadata. Your video is also subject to the automated analysis described in article 14.2.

10.5. Deletion by you. You can delete your Video Response at any time, then send a new one to the same Challenge, unless it had been refused by the automated analysis. What happens to the files after deletion is set out in article 15.

10.6. Upload suspension. When three of your Video Responses have been removed by Weissy within the last 90 days, sending new Video Responses is suspended. The suspension lifts by itself once that number falls back below three. A removal overturned after your appeal no longer counts. We may adjust these thresholds; they always appear in the version of the Terms in force.

10.7. Display order of Video Responses. The Video Responses to a Challenge are shown to you in an order calculated for you when you open the Challenge: first those of people you are connected with, then the others; within each group, the order takes into account the Edelweiss received, how recent the Response is, your sports when the Challenge specifies one, and places Responses you have not yet seen before those you have seen. Weissy establishes no ranking of Users and displays no rank.

10.8. Edelweiss and Comments. You can give an Edelweiss to another User's Video Response, and take it back. A Comment is at most 300 characters long; you can reply to a Comment, but not to a reply. Links in Comments are not clickable. The author of a Video Response can hide a Comment for everyone under their video, then undo this; the author of the Comment is notified. They can also close the Comments on their video, and reopen them. You can delete your own Comments.

10.9. Ended Challenge. Once a Challenge has ended, it is no longer possible to send a Video Response to it or to comment. Video Responses remain viewable, and Edelweiss and reporting remain available.

10.10. Use outside the App. Weissy does not use your Video Response outside the App and does not pass it on to the Creator for distribution on their own networks. Any such use would require, in the future, your express and separate consent, obtained for the video concerned; it is not covered by these Terms.

11.1. You keep your rights. Weissy does not become the owner of your Content.

11.2. The licence. So that the Service can work, you grant LinkUp SAS, for each of your Content items, a non-exclusive, royalty-free licence, whose scope is defined as follows, in accordance with article L131-3 of the French Intellectual Property Code:

• Right of reproduction: storing the Content, copying it to our servers and those of our technical subcontractors, producing the versions needed to play it (video prepared for playback, cover image, frames extracted for the automated analysis of article 14.2), and keeping the original as set out in article 15.
• Right of communication to the public: displaying and playing the Content to the Users who have access to it under article 9.2.
• Right of technical adaptation strictly necessary for these purposes (change of file format, production of the cover image), excluding any change to its meaning.
• Purpose: solely the operation of the Service, inside the App, together with moderation, preservation of evidence and the defence of our rights; no advertising, promotional or commercial use, and no distribution outside the App.
• Territory: the countries in which the App is available.
• Duration: the period during which the Content is published, extended by the retention periods of article 15; the licence ends when those periods expire.

11.3. Subcontractors. We may grant this licence only to the technical providers that host, prepare or analyse Content on our behalf, and solely for those purposes.

11.4. Moral rights. This licence does not affect your moral rights. We do not alter the meaning of your Content.

12.1. Consent of recognisable people. Every recognisable person appearing in your video must have agreed to appear in it and to be seen by all Weissy Users. Everyone's right to respect for their private life, from which the right to one's image derives, is protected by article 9 of the French Civil Code.

12.2. Private places. Wilfully invading a person's privacy by capturing, recording or transmitting, without their consent, their image while they are in a private place is a criminal offence (article 226-1 of the French Criminal Code).

12.3. Filming minors. If a minor other than you appears in your video, the consent of the people who hold parental authority over them is required. Parents jointly protect their minor child's right to their image (article 372-1 of the French Civil Code). If you are 16 or 17 yourself, your own image is covered by article 5.3.

12.4. Removal at the request of the person filmed. A person who appears in a video without having consented can ask for its removal, through the reporting feature in the App or by writing to us at contact@weissy.net (article 14.7). They do not need to have an Account.

12.5. Third-party rights. Do not post protected material you do not hold the rights to: music, an excerpt of a film or a broadcast, someone else's work (rule RC-13).

13.1. The label. When a Challenge is published by a brand, or by a Creator paid or otherwise rewarded by a brand, the label “COLLABORATION COMMERCIALE” (commercial collaboration) is shown, with the advertiser's name next to it: on the Challenge card in lists, on its page, and from the first frame and throughout the playback of both the announcement video and the Creator's update videos. This label lets you identify the commercial intent of the Challenge and the person on whose behalf it is made, in accordance with article 20 of French law no. 2004-575 of 21 June 2004 on confidence in the digital economy and, where the Challenge falls within commercial influence, with article 5-2 of French law no. 2023-451 of 9 June 2023 on commercial influence.

13.2. Weissy does not pay you for taking part. Responding to a Challenge, even a sponsored one, does not make you the brand's partner, and Weissy does not pay you.

13.3. If you are paid yourself. If you receive payment or a benefit in kind for posting a Video Response or a Comment, you must say so clearly, by writing “Collaboration commerciale” in the caption, or at the start of the Comment. Undisclosed promotion is not allowed (rule RC-12).

14.1. Principles. Video Responses and Comments are, as a rule, published immediately and moderated after publication. We may decide, for all or some Challenges, to review Video Responses before they are published. We apply our rules diligently, objectively and proportionately, with due regard to the rights and legitimate interests of everyone involved, in particular freedom of expression (article 14 of the DSA).

14.2. Automated analysis. We have the cover image and several frames extracted from each Video Response, as well as the text of Comments and captions, analysed automatically by a Microsoft service (Azure AI Content Safety). Depending on the level of severity detected, the Content is either published with no further action, published and submitted to human review, or refused. A refused Video Response is not put online, and you are informed as set out in article 14.5; it is submitted to human review. If that review sets the refusal aside, the Video Response is still not put online: it is deleted, and you can send a new Video Response to the same Challenge if it has not ended. A refused Comment or caption is not published, and you are informed immediately; it is not kept and is not reviewed by a person, and you can rephrase it. If the analysis service is unavailable, the Content is published and submitted to human review. This analysis has limits: it covers neither the sound nor what happens between the analysed frames, and it does not detect everything. It replaces neither reporting nor human review.

14.3. Human review. Reports and Content under review are examined by a member of the Weissy team. We handle them as quickly as possible, as a rule every working day; no timeframe is guaranteed at weekends or on public holidays.

14.4. Possible measures. Depending on the seriousness and repetition of the breach, we may:

• dismiss a report we consider unfounded;
• remove a Video Response, or permanently hide a Comment;
• suspend uploads of new Video Responses (article 10.6);
• ban an Account: access to the Service is then withdrawn, all sessions are closed, and the Account and its Content are no longer visible to other Users. A particularly serious breach, notably of rule RC-01, may lead to an immediate ban, without any prior measure.

To assess repetition, we take into account the number of Content items concerned, their proportion of what you have posted, their seriousness and, where it can be established, your intention.

14.5. We explain our decisions. When we remove or refuse any of your Content, suspend uploads or ban your Account, we inform you at the latest when the measure takes effect, through the App or any other electronic means available to us. In accordance with article 17 of the DSA, this statement specifies:

• the measure taken and, where applicable, its duration;
• the date;
• the rule breached, identified by its identifier and title in the Community Rules, or the legal ground where the Content is illegal, and the reasons why the Content breaches it;
• whether the decision follows a report or was taken on our own initiative, and whether automated means contributed to it;
• the remedies available to you (article 14.6).

We do not reveal the identity of the person who reported your Content, except where this is strictly necessary.

By way of exception, this statement is not provided where the removal follows a request from a judicial or administrative authority, or where it would compromise the prevention or prosecution of an offence, in particular regarding child sexual exploitation content.

14.6. Appealing a decision. You can appeal a moderation decision that concerns you, free of charge, by writing to contact@weissy.net within six months of the decision, stating the Content concerned and your arguments. The person who reported the Content can appeal the decision taken on their report in the same way. Your appeal is examined by a person, not by automated means alone, and we inform you of our reasoned decision. If we overturn the removal of a Video Response, it is put back online as it was, and the removal no longer counts towards the suspension in article 10.6. A Video Response can no longer be put back online once its files have been deleted at the end of the period in article 15.3. In all cases you keep the right to turn to a mediator (article 22.2) or to the courts.

14.7. Reporting Content. You can report a Video Response, a Comment or a profile with a single action in the App. A Video Response or Comment you have reported is hidden for you. The report is not disclosed to the author of the Content. Anyone, even without an Account, can also notify us of Content they consider illegal by writing to contact@weissy.net (article 16 of the DSA). So that we can act, the notice states:

• a sufficiently substantiated explanation of why the Content is illegal;
• the exact location of the Content (the Challenge, the author, a screenshot);
• your name and email address, unless it concerns child sexual exploitation material, which you can report to us without identifying yourself;
• a statement confirming your good-faith belief that the information provided is accurate and complete.

We acknowledge receipt of your notice and inform you of our decision, with the remedies available to you.

14.8. Abusive reports. Repeatedly reporting Content that manifestly complies with the rules is a breach (rule RC-11). After a warning, we may stop handling, for a reasonable period, the reports of a person who frequently submits manifestly unfounded ones.

14.9. Blocking a User. You can block a User from their profile and, for the author of a Video Response, from the Challenge player. Once the block is in place, you and that person no longer see each other in the App, and you can no longer exchange messages. You can lift the block at any time.

14.10. Cooperation with the authorities. Where the law requires it, we inform the competent authorities of illegal activities reported to us, in particular any child sexual exploitation material (article 6 of French law no. 2004-575 of 21 June 2004 on confidence in the digital economy), and of any information giving rise to a suspicion of a criminal offence threatening the life or safety of a person (article 18 of the DSA). We then keep the material needed for the investigation, in accordance with the law.

15.1. While your Video Response is online, the published video and its cover image are kept for as long as it stays online, including after the Challenge has ended. The original file you sent is never distributed; it is kept until 90 days after the end of the Challenge, then deleted.

15.2. If you delete your Video Response, the published video and its cover image are deleted immediately; the original file follows the rule in article 15.1.

15.3. If your Video Response is removed by Weissy, it is kept offline, with all its files (the published video, its cover image and the original file), for 6 months from the removal, so that you can appeal and, where applicable, so that evidence is preserved, then deleted. If the removal is overturned within that period, the Video Response is put back online (article 14.6) and follows article 15.1 again. The following are kept in the same way:

• a Video Response refused by our automated check: until our decision on that refusal, then 6 months;
• a Video Response that is the subject of a report under review: until our decision, however long ago the Challenge ended.

These files are deleted neither at the end of the period in article 15.1, nor by deleting your Account (article 16.2), before the end of their own period.

15.4. Moderation and viewing data. Views of a Video Response, which are used to place Responses you have not seen before the others, are kept for 30 days. Reports are kept for 12 months from their creation, once handled; a report still under review is not deleted.

15.5. Legal retention obligations. The periods in this article, and the deletion described in article 16, apply subject to legal retention obligations, in particular where Content has been brought to the attention of the authorities (article 14.10), and for the identification data that the law requires a hosting provider to keep, even after an Account is closed: the information on your civil identity that we have collected (for example your phone number or email address), for 5 years after the end of the contract, and your identifiers and usernames, for 1 year after the Account is closed (articles 2, 3 and 8 of French decree no. 2021-1362 of 20 October 2021). This data is kept with restricted access and is disclosed only to authorities entitled to require it. The other retention periods for your data are set out in the Privacy Policy.

16.1. By you, at any time. You can delete your Account from Profile → Settings → Delete my account, or, if you no longer have access to the App, by writing to us at contact@weissy.net following the procedure described on the Delete my account page.

16.2. What is deleted. Deleting your Account ends the contract. It immediately deletes your profile, your Video Responses (original files included), your Edelweiss and your views, subject to the data the law requires us to keep (article 15.5). Exception: Video Responses that have been removed, refused, or are the subject of a report under review. They are taken offline and detached from your identity, but their files are kept for the period in article 15.3, then deleted: deleting your Account cannot erase the evidence of a moderation decision before its term. This processing is based on the establishment, exercise or defence of legal claims (article 17(3)(e) GDPR) and on our duty to cooperate with the authorities (article 6 of the French LCEN).

16.3. What remains, without your name. Some Content posted in shared spaces, which others have read and replied to, remains detached from your identity and attached to an anonymous account: your Comments, your messages in group conversations, the photos you added to a group or outing gallery, and the reports you submitted, so that a review in progress does not disappear.

16.4. By Weissy. We may end the contract by banning your Account under the conditions of article 14, by a reasoned decision.

The Weissy brand, logos, the App, its interfaces, texts, illustrations and code are protected and belong to LinkUp SAS or its partners. We grant you a personal, non-exclusive and non-transferable right to use the App, for your personal and non-commercial use, for the duration of the contract. Any other reproduction or use is prohibited without our written consent.

18.1. Your liability. You are responsible for your Content and for the way you use the Service, and you indemnify Weissy against any third-party claim based on Content you posted in breach of the Terms.

18.2. Our status as a host. For Content posted by Users, Weissy acts as a hosting provider: we are not liable for illegal Content of which we have no actual knowledge, or which we remove promptly as soon as we become aware of it (article 6 of the DSA).

18.3. Our commitments. We are liable for our own failures under the ordinary rules of law. No term of these Terms limits our liability where the law prohibits it, in particular in the event of gross negligence or personal injury.

We process your personal data in accordance with Regulation (EU) 2016/679 (GDPR) and French law no. 78-17 of 6 January 1978. The Privacy Policy describes the data processed, the purposes, the recipients, the retention periods and your rights, and how to exercise them.

20.1. We may change the Terms, in particular to reflect a change in the Service or in the law. Each new version receives a new identifier.

20.2. We let you know in advance. Any significant change is announced to you in the App at least 15 days before it takes effect, unless a legal obligation or the safety of Users requires a shorter period.

20.3. New acceptance before your next upload. Once the new version is in force, sending a Video Response requires that you have accepted it, as set out in article 4.2. If you do not accept the new version, you can stop using the Service and delete your Account at any time (article 16).

Creators and advertisers who publish Challenges are bound to Weissy by a separate contract. When they use the App with an Account, these Terms apply to them as to any other User.

22.1. Governing law. The Terms are governed by French law. If you live in another Member State of the European Union, you keep the protection afforded to you by the mandatory provisions of the law of your country of residence.

22.2. Complaints and mediation. In the event of a dispute, first write to us at contact@weissy.net so that we can look for an amicable solution together. If your complaint is not resolved, you can turn, free of charge, to the consumer mediator we come under (articles L612-1 and L616-1 of the French Consumer Code). Its appointment is under way: its name, address and website will be given here as soon as it takes effect.

22.3. Jurisdiction. Failing an amicable solution, the dispute is brought before the competent French courts. If you act as a consumer, you may bring proceedings, at your choice, before one of the courts with territorial jurisdiction under the French Code of Civil Procedure or before the court of the place where you lived when the contract was concluded or when the harmful event occurred (article R631-3 of the French Consumer Code).

23.1. If any term of these Terms is held void or unenforceable, the other terms remain in force.

23.2. Weissy's failure to rely on a breach does not amount to a waiver of the right to rely on it later.