Date modified: 22/05/2023
These Terms of Use (this “Agreement”) are a legal agreement between you (“you”) and Globalia SAS, a company incorporated in France (“Company,” “we” or “us”) for use of the WeMoms APP mobile application, the websites (www.wemoms.com), and all related services, features and content offered by the Company.
Please read this Agreement carefully. By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.
We may modify this Agreement from time to time. We will notify you by email, through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the App after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION, OR SERVE AS A BIRTH CONTROL METHOD OR CONTRACEPTION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY OR FOETUS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE APP. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL EMERGENCY SERVICES OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS ANY VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO SEXUAL EDUCATION AND RELATED MATERIALS. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.
To use the App, you may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, birth date, and e-mail address. This information will be held and used in accordance with our privacy policy, which can be found on www.wemoms.com (“Privacy Policy”). You agree that you will supply accurate and complete information to the Company, and that you will update that information promptly after it changes.
To create an Account and access the App, you must be at least 13 years old and not barred from using the App under applicable law.
If you are under 18, your parent or guardian must review and accept the terms of this Agreement, and by using the App, you confirm that your parent or guardian has so reviewed and accepted this Agreement. We reserve the right to limit the availability to users under the age of 18 of certain content in the App, in our sole discretion.
Any content you submit through the App is governed by the Company’s Privacy Policy. If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company and its licensors are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or emergency services immediately. As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
а. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;
b. modify, reverse engineer, decompile or disassemble the App;
c. copy, adapt, alter, modify, translate, or create derivative works of the App without the written authorization of the Company;
d. permit other individuals to use the App, including but not limited to shared use via a network connection, except under the terms of this Agreement;
e. circumvent or disable any technological features or measures in the App for protection of intellectual property rights;
f. use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
g. use or access the App to compile data in a manner that is used or usable by a competitive product or service;
h. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
i. use your Account to engage in any illegal conduct;
j. upload or transmit any communications that infringe or violate the rights of any party;
k. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement, and the Company’s Privacy Policy; or
l. upload any material that contains software viruses or any other computer code, files or programs that is malicious, technologically harmful or designed to interrupt, destroy or limit the functionality of any computer software, this website or the App.
Any such forbidden use shall immediately terminate your licence to use the App.
We are committed to protecting the privacy of children.
You should be aware that this App is not intended or designed to attract children under the age of 13. We do not collect personal data from any person we actually know is a child under the age of 13.
If you are a resident of the United Kingdom or the European Union, you shall be at least 16 years old in order to use the App. Except to the extent prohibited by applicable law, we do not allow the use of the App by United Kingdom or European Union residents younger than 16 years old.
You must be at least 18 years old to use some features of the App (e.g., some courses, content, or discussion topics in the community feeds).
If you are aware of anyone that does not comply with these limitations, please contact us at contact@wemoms.fr, and we will take steps to delete or terminate their account.
The software that supports the App may be subject to U.S. export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product or products derived from or based on such technology received from WeMoms under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive licence to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, licence, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the App without prior express written permission from the Company which may be withheld for any or no reason. You further agree not to download, display or use any content on the App that is provided by the Company or its licensors located on the App for use in any publications, in public performances, on websites other than the App for any other commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company and/or its licensors, that dilutes the strength of the Company or its licensor's property, or that otherwise infringes the Company or its licensors’ intellectual property rights. You further agree to in no other way misuse any content published by the Company or third-party content that appears on the App.
All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company.
To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content (as defined below), and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content (collectively referred to herein as the “Company’s Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Company’s Content are retained by us.
The App enables you to input personal notes, share your stories, post or upload content, submit content (including to public areas like community feeds) and log certain information into the App (“User Content”). You retain all rights to such User Content that you post, share, or log in the App.
By providing your User Content to the App, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free licence to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services and/or for the Company’s promotional purposes (for example, by displaying on our website, within the App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to company with the terms described in this Agreement.
The Company reserves the right to review all User Content prior to submission to the App and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.
Our goal is to help make certain health-related information more readily available and useful to you. However, the App cannot and does not guarantee health-related improvements or outcomes. Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.
THE INFORMATION WITHIN THE APP DOES NOT INCITE, INDUCE OR OTHERWISE PROMOTE ANY SEXUAL BEHAVIOR OR ACTIVITY AMONG MINORS AND DOES NOT DIRECT THE CONTENT OF COMMUNICATION TO ANY PARTICULAR PERSON. ALL INFORMATION PROVIDED WITHIN THE APP IS FOR GENERAL EDUCATIONAL PURPOSES ONLY.
We carefully examine the materials that we make available via the App to people between 13 and 17 in order to avoid any inappropriate or harmful content. We fully understand that moral and ethical rules might differ from country to country in defining what information related to sexuality is accessible to minors.
We neither intend nor publish sexually explicit content, or content that otherwise might qualify as harmful to minors or juveniles under applicable law. We make reasonable efforts to ensure that all materials provided by us on the App are based on facts only and are scientifically accurate.
Please be aware that individual ethical views on what is offensive or harmful to minors may vary from the requirements set for content that may be made available to minors under applicable law.
WeMoms Premium subscription. The mobile application offers the Premium subscription that grants you access to additional features like period predictions enhanced by data science algorithms, personalized insights based on your symptoms and cycle phase, tools for detecting physical and emotional patterns, full health report that you can provide to your doctor. By accessing WeMoms you agree that your purchases are not contingent on the provision of any future functionality or features, or dependent on any oral or written public statements, and comments made by WeMoms regarding such functionality or features.
Billing. You may purchase the Premium subscription directly from WeMoms or through a third party by paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase.
Some of our subscriptions include a trial period, where you can experience the application for a specified period at no cost or at a reduced price (“Trial”). Subscription with the Trial period will automatically renew to a paid subscription once your Trial expires. If you purchase access to the Premium content or services through a third party, separate terms and conditions with such third party may apply in addition to these terms. Please contact the third party regarding any refunds or to manage your subscription.
Price and tax changes. WeMoms may from time to time make changes to Premium subscription, including recurring subscription fees and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the WeMoms Premium subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable Premium subscription prior to the price change going into effect.
Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
Renewal and Cancellation. Your payment to WeMoms or the third party through which you purchased the Premium subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Premium subscription before the end of the then-current subscription period. You must cancel your Premium subscription or Trial before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Premium subscription through a third party, you can cancel at any time with the App provider.
WeMoms’ community is a special feature of the App that allows users to communicate with each other on a set of different topics. All user comments in the community are published through a personal account. If you delete your account, your comments will remain visible to other users of the community.
As a user of the community, you shall not:
At our sole discretion, we reserve our right to:
Any information posted within the Community shall not be considered as advice, drug prescription, or treatment suggestion. If in doubt about your health, consult a licensed healthcare professional. Please bear in mind that our users are not healthcare professionals and their recommendations may not only be inaccurate, but also harmful to your health and well-being.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE COMMUNICATIONS DECENCY ACT OF 1996), THE COMPANY DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES ARISING FROM THE INFORMATION, LINKS, AND MATERIALS POSTED BY USERS, ANY ACTIONS OR INACTIONS OF USERS, VIOLATIONS OF ANY APPLICABLE LAWS AND REGULATIONS.
You are responsible for taking all reasonable steps to ensure that no unauthorised person shall have access to your App passwords or account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorise, monitor, and control access to and use of your App account and password; (3) promptly inform the Company if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. Send us an email at contact@wemoms.fr You grant the Company and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App. You further acknowledge and agree that the App and account are designed and intended for personal use on an individual basis and you should not share your account and/or password details with another individual. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received arising from the using the App, and shall not be responsible for any losses arising out of the unauthorised use of your account or information resulting from you not following these rules.
The Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.
THE APP IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANTS, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE APP, INCLUDING IN COMMUNITY FEEDS. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THIS APP. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NONE OF THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS, OR ANY THIRD PARTIES MENTIONED ON THE APP SHALL BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP. THE LAWS OF SOME STATES / COUNTRIES IMPOSE RESTRICTIONS ON LIMITING LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. WHERE ANY PROVISION IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.
The App may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). The Company does not control Third Party Services in any manner and, accordingly, the Company is not responsible for the privacy practices of such Third Party Services and does not assume any liability associated with such Third Party Services. Your linking to or use of any Third Party Services other than the App is at your own risk. The Company's inclusion of links to Third Party Services does not imply any endorsement of any kind by the Company of the material located on or linked to by such Third Party Services and should not be deemed as such by any user of the App. The Company disclaims any responsibility for the products or services offered or the information contained on any Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements.
You shall not link to our websites, app, content or services in a way that is: (i) illegal, (ii) suggests any form of association, approval or endorsement with or by us where none exists, (iii) damages our reputation or takes advantage of it, or (iv) is unfair.
We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicise such contents at our own discretion. You agree to authorise us to make use of such contents for free, and revise, modify, adjust and change it contextually, or make any other changes, in each case as we deem appropriate.
We are not obligated to monitor access or use of the App. However, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the App or access to the App at any time, in each case without notice and at our sole discretion if we determine in our sole discretion that your content or use of the App is objectionable or in violation this Agreement.
We may refuse service, close Accounts, and change eligibility requirements at any time.
The Company has no liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities.
From time to time and without prior notice to you, we may change, expand, and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers and content providers, harmless from and against any claims, actions, demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from, your violation of this Agreement.
Unless otherwise required by mandatory laws in your country of residence, the Agreement (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND WeMoms AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and WeMoms agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
If you are a resident of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
IF YOU RESIDE IN THE UNITED STATES, THE ARBITRATION AGREEMENT IN THIS SECTION 22 APPLY TO YOU. PLEASE READ THEM CAREFULLY.
This Arbitration Agreement only applies to you if you reside in the United States.
You may opt out of this Arbitration Agreement. If you do so, neither you nor the Company can require the other to participate in an arbitration proceeding.
To opt out, you must notify the Company in writing postmarked within 30 days of the date you first accepted this Agreement. You must use this address to opt out:
GLOBALIA, SAS, 29 rue du Louvre, 75002, Paris, FRANCE.
If you do not reside in the United States, and you nevertheless attempt to bring any legal claim against the Company in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 22 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
The Company is committed to participating in a consumer-friendly dispute resolution process. To that end, this Agreement provides for a two-part process for individuals to whom this Section 22 applies: (1) an informal negotiation directly with the Company’s customer service team, and, if necessary, (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and the Company each retain the right to seek relief in small claims court as an alternative to arbitration.
At least 30 days prior to initiating an arbitration, you and the Company each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to GLOBALIA, SAS, 29 rue du Louvre, 75002, Paris, FRANCE. The Company will send its notice of dispute to the email address associated with your Company account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
You and the Company mutually agree that any dispute, claim or controversy arising out of or relating to this Agreement (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and the Company agree that the arbitrator will decide that issue.
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
In order to make the arbitration most convenient to you, the Company agrees that any required arbitration hearing may be conducted, at your option: (a) in the US county where you reside; (b) in New Castle County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
No Class Actions or Representative Proceedings. You and the Company acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
If the Company changes this Section 22 after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and the Company (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and the Company.
Except as provided in the preceding paragraph, upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, all ownership provisions, warranty disclaimers, and limitations of liability.
If for any reason an arbitral tribunal or court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in arbitral, judicial or administrative proceedings.
No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting the Company and providing the following information:
а. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained use of the materials is not authorised by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorised representative.
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.
If you have any comments or questions on any part of the App or any part of these Terms of Use, require support, or have any claims, please contact us at contact@wemoms.fr.
The registered office of GLOBALIA is 29 rue du Louvre, 75002, Paris, FRANCE.
Effective as of 1 Mays 2023.
When you use WeMoms, you are trusting us with intimate personal data. We are committed to keeping that trust, which is why our policy as a company is to take steps to ensure that individual user's data and privacy rights are protected and to provide transparency about our data practices.
The purpose of our Privacy Policy is to explain what data we collect, how it is used and shared, and how you can control it.
Here’s a summary of our Privacy Policy to give you a quick overview of our data practices. The summary is not a substitute for reading the full policy to obtain important information about your personal data, how we use it and your rights with respect to it. Please read this Privacy Policy in full along with our Terms of Use, but here are a few key takeaways we hope you will find useful:
The data that serves you
When you use WeMoms, we collect your Personal Data and may use it to improve the user experience, such as increasing the accuracy of predictions, personalizing product offers, the insights you get, etc. For research activities we use only de-identified or aggregated data, which cannot be associated with you.
You can contribute to the growth of the WeMoms community
If you consent, we may use technical information about your device and other information about you (such as your device’s unique technical identifier, age group, subscription status, and the fact of application launch) for promotional purposes to reach more people like you who we believe may be interested in using the Services. You can always withdraw your consent. Please see the section below titled “Processing to find new WeMoms users and stay in touch with you” for more information about how to withdraw your consent.
You are in control
You may ask to access, modify, correct, erase, and update your Personal Data by writing to us at contact@wemoms.fr. Please be aware that erasing or modifying some Personal Data you have provided could affect your ability to use certain features of the App that rely on historic data.
Securing your data
We take reasonable and appropriate measures to protect your Personal Data from loss, theft, misuse or unauthorized access.
We limit children’s access to the App
You must be at least 13 to use the App (16 for European Economic Area (“EEA” and United Kingdom (“UK”) residents). We do not knowingly collect personal information from children under 13 (16 for EEA and UK residents), and we do not allow people to use the App if they are younger than 13 (16 for EEA and UK residents). Moreover, some of the App functions are limited for users that are younger than 18.
You can freely talk to us
We believe in transparent and open dialogue, so we strongly encourage you to contact our Support Team at contact@wemoms.fr, our Data Protection Officer at nicolas.cervantes@wemoms.fr and ask how we collect or process your Personal Data, or anything else related to our privacy practices.
This Privacy Policy explains how GLOBALIA (“WeMoms” or “we” or “us”) collects, stores, uses, transfers and shares Personal Data from our users (“you”) in connection with the WeMoms mobile application (the “App”)*, and the WeMoms website including any products and services related to it (the "Website") (all collectively, the “Services”).
We reserve the right to and may change this Privacy Policy from time to time. If we make any material changes, we will notify you by email (sent to the email address provided when you register), through the App, or by presenting you with a new version of this Privacy Policy. If permitted by applicable law, your continued use of the Services after the effective date of an updated version of the Privacy Policy will indicate your acceptance of the Privacy Policy as modified. In some cases, you will be given a choice about whether to explicitly accept changes to the Privacy Policy. If you do not accept the terms of the Privacy Policy, please do not use the Services.
Please check the Privacy Policy posted on our Website and in the App for the latest updates on our data privacy practices.
We collect Personal Data about you in a variety of ways. Sometimes we collect Personal Data automatically when you interact with the Services, and sometimes we collect the Personal Data directly from you. At times, we may receive Personal Data about you from other sources and third parties.
General Information. When you sign up to use the Services, we may collect Personal Data about you such as:
In many cases, we may be able to infer your gender by your use of the Services.
Health and Well-being. When you sign up to use the Services, you may choose to provide Personal Data about your health and well-being such as:
When you access or use the Services, we may automatically collect the following information:
Device Information:
Location Information:
Data about your use of the Services, including, among others:
Data from external sources. We may receive Personal Data about you from third parties. For example, we may obtain information from third parties, to enhance or supplement existing user information, including to customize and personalize your experience and for statistical purposes and analytics, as described below.
We will not collect and use your Personal Data without letting you know. Depending on which features of the Services you use, we will process your Personal Data based on one or more of the following legal bases:
Below we describe the purposes for which we process your Personal Data and our lawful bases for doing so, including some basic examples:
To support the existing functions of the App, including customization of content and materials you see when you use the App.
We make automated decisions using your cycle data to predict your future cycles or ovulation, analyze your data to provide you new features and services, and provide certain suggested articles or materials (e.g., stories, health assistant and community feeds) to read customization of product and service offerings and making recommendations to you, including third-party products and offerings.
We may offer you a discount for WeMoms Premium to provide and deliver the products and services you request, process transactions and send you related information, including confirmations and reminders
Using your device data we may send you a reminder, e.g., via push notifications, to log your period or symptoms to make predictions more accurate. You can disable this anytime in your device settings or from within the App using the consent toggle screens for billing (invoicing), account management and other administrative purposes. We may process your name and email to reply to your support request or to contact you about a specific query or question you have raised to send you technical notices, updates, security alerts and support and administrative messages.
We may send you an email notification that contains a customer satisfaction survey. You can opt-out of receiving such surveys anytime by contacting us at contact@wemoms.fr to integrate data between the Website and App in connection with onboarding usersLegitimate interestAs an example, when you sign-up for the Services on the Website we use a third-party, AppsFlyer, to help us identify you as an existing user when you use the App to monitor and analyze trends, usage and activities in connection with our App Consent.
We may analyze your browsing activity in the App to understand what you like or dislike about it in order to improve your future experience solely with respect to information that you agree to share, for WeMoms promotional purposes. If you give your consent, we can post your review or comment on our website to verify your identity Legal obligationWe may ask for age verification (e.g., an ID) if we have reasonable doubts regarding your age
It does not matter what country or region you come from, we are committed to providing you vast privacy rights in relation to your Personal Data.
Correction of your Personal Data
If you believe that your Personal Data is inaccurate, you have a right to contact us and ask us to correct such Personal Data.
Restriction of Processing
You have a right to request that the processing of your Personal Data be restricted in some circumstances. For example, you have the right to request the restriction of your Personal Data if you contest the accuracy of your Personal Data and we need some time to verify its accuracy.
Access to your Personal Data (including in portable form)
You have a right to request information about what Personal Data we process about you, to access all your Personal Data, and receive a copy of it, including in a structured and portable form (.json).
Erasure of your Personal Data
You may ask us to erase your Personal Data if you withdraw your consent to processing, if you believe such processing is unlawful. Please be aware that erasing some Personal Data may affect your experience using certain features of the Services that rely on historic data.
Right to object to the processing of your Personal Data
In some cases, you can object to the processing of your Personal Data, for example, if we process it under the legitimate interest basis, by contacting us at contact@wemoms.fr.
Сontact us at contact@wemoms.fr to exercise your privacy rights.
We will address your request within 30 days after receipt. It may take us up to 90 days in some cases, for example for full erasure of your Personal Data stored in our backup systems. We will let you know if we need more time and explain the reasons for the delay.
Please keep in mind that if we receive a vague request, we may contact you to better understand the request. We may also refuse to comply with a request that is manifestly unfounded and with excessive (repetitive) requests.
We might also require you to prove your identity in some cases. Normally, we make sure to verify that the request is coming from the same email as you provided when registering. Where you have not registered your account, we may ask you to undergo additional verification measures in an effort to ensure we are appropriately responding to requests.
Subject to applicable laws, you may have a right to lodge a complaint with your local data protection authority about any of our activities (related to your privacy rights, among others) that you think are not compliant with applicable law. If you have any concerns about our privacy practices, please let us know at contact@wemoms.fr.
We will not share your Personal Data with third parties except as specified below.
With your consent we may share some of your non-health Personal Data with Amplitude for marketing and promotional purposes. Amplitude is a mobile marketing platform that handles your Personal Data in accordance with our instructions. By using Amplitude and its integrated partners for marketing and promotional purposes we are able to reach you and people like you on various platforms and spread the word about WeMoms. If we need to share your Personal Data with other platforms for this purpose, except as we have explained in this Privacy Policy, we will ask for your consent.
1. You become a WeMoms user and with your consent we start sharing the following Personal Data with Amplitude and its integrated partners for marketing and promotional purposes:
a) Technical identifiers: IP address (which may also provide general location information), User agent, IDFA (Identifier for advertisers), Android ID (in Android devices), Google Advertiser ID, Customer-issued user ID and other similar unique technical identifiers;
b) Your age group;
c) Your subscription status;
d) The fact of application launch.
2. WeMoms sends your Personal Data to Amplitude, which analyzes it and provides us reports and insights on how to optimize our promotional campaigns.
3. At the same time, Amplitude sends your Personal Data to some of its integrated partners (e.g., Pinterest, Google Ads, Apple Search Ads, FB marketing network and others) to find you or people like you on different platforms, including social media websites. These integrated partners analyze your Personal Data and show relevant information about WeMoms to people who might be potentially interested in it or remind you about revisiting the App, if you stopped using it a while ago.
4. We reach out to you and new users and provide you with more information about WeMoms, accurate cycle predictions, information about the meaning of your bodies’ cues and credible information about your health.
5. Opt-out options. You can withdraw your consent or opt-out from the sharing of your Personal Data with Amplitude for marketing and promotional purposes in accordance with this subsection anytime by adjusting your device settings in iOS or Android.
Please note that we also use Amplitude to integrate data between the Website and App in connection with onboarding users. You are not able to opt out of AppsFlyer’s processing of your Personal Data for these purposes.
In some situations, we engage other companies to process your Personal Data on our behalf. We refer to these companies as “processors.”
Processors are companies that help us run the Services, support our communication with you or perform other App-related activities. They may process certain Personal Data on our behalf to accomplish the goals related to the App functions and associated activities. We remain responsible for any acts or omissions of our processors and undertake to execute formal data processing agreements with them to the extent required by applicable law.
Here is the list of our main processors upon which we rely:
Infrastructure and security: AWS (Amazon Web Services, Inc.) AWS privacy policy • All Personal Data • security of the App, content delivery
• Email address • IP address • Name • All Data • to support Data Subject Rights Requests
Search functions: Elastic Search (Elastic Search Inc.) ElasticSearch Inc. Privacy Statement • All data • Email address
• Content of the search request
Reach you with our newsletters, surveys and notifications: MoEngage (MoEngage, Inc) Mo Engage privacy policy • Email address • IP address • User ID • Results of surveys Generate statistical reports: Amplitude (Amplitude, Inc. )Amplitude privacy policy • App usage data • IP address and user ID • Age • Aim and usage purpose • Email address
We may aggregate, anonymize or de-identify your Personal Data so that it cannot reasonably be used to identify you. Such data is no longer Personal Data. We may share such data with our partners or research institutions or use for statistical purposes, for example, we may share or use general age, demographic information and aggregate statistics about certain activities or symptoms from data collected to help identify patterns across users in articles, blog posts and scientific publications. Sharing this data contributes to the advancement of scientific research on women’s health. Our legal basis for processing your data for this purpose is legitimate interest.
The App features several community areas like Community feeds where users with similar interests can share information and support one another.
Any information (including Personal Data) you share in any online community area or online discussion is by design open to the WeMoms community. You should think carefully before posting any Personal Data in any public forum. What you post can be seen, disclosed to, or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. If you mistakenly post Personal Data in our community areas and would like it removed, you can send us an email contact@wemoms.fr.
We may also share some of your Personal Data in the following special circumstances:
Depending on the circumstance, we may rely on legitimate interest or legal obligation as our legal basis for the above processing activities.
Except as set forth below, we will retain your Personal Data as long as needed to provide you with the Services or otherwise fulfill the purposes for which it was collected.
Impact of Account Deactivation/Requests to Erase Personal Data: At any time, you can deactivate your account and erase your Personal Data by emailing contact@wemoms.fr. If you choose to deactivate your account, WeMoms will generally delete all your Personal Data and it will not be recoverable should you later create another account.
Impact of App Deletion or Inactivity: If you choose to delete the App from your device or your account becomes inactive, we will retain your Personal Data for a period of 3 years in case you decide to re-activate the Services or re-install the App. The App covers different periods of users’ lifecycle; therefore, retention of your data is needed in some cases to secure your smooth experience with other App functions (e.g., switching to pregnancy mode after cycle tracking).
Limitations: You should be aware that, although we will anonymize or otherwise de-identify your data where possible, we may retain certain Personal Data and other information after your account has been terminated or deleted as necessary to comply with legal obligations, resolve disputes and enforce our agreements.
We implement technical and organizational measures in an effort to protect Personal Data from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the nature of the Personal Data that we process and risks associated with special categories of Personal Data we collect (information about health). These measures include Pseudonymization and tokenization of certain categories of your Personal Data.
Encryption of your Personal Data in transit and in rest.
Systematic vulnerability scanning and penetration testing.
Protection of data integrity.
Organizational and legal measures. For example, our employees have different levels of access to your Personal Data and only those in charge of data management get access to your Personal Data and only for limited purposes required for the operation of the Services. We impose strict liability on our employees for any disclosures, unauthorized accesses, alterations, destructions, misuses of your Personal Data.
Conducting periodical data protection impact assessments in order to ensure that the Services fully adhere to the principles of ‘privacy by design’, ‘privacy by default’ and others. We also commit to undertake a privacy audit in the event of WeMoms’s merger or takeover.
Please understand that you can help keep your information secure by choosing and protecting your password appropriately, not sharing your password and preventing others from using your mobile device. However, no security system is perfect and, as such, we cannot guarantee the absolute security of the Services, or that your information will not be intercepted while being transmitted to us.
If we learn of a security systems breach, we may either post a notice, or attempt to notify you by email and will take reasonable steps to remedy the breach as specified in applicable law and this Privacy Policy. If we learn of a potential Personal Data breach, together with other actions referred to in the Privacy Policy (such as notifying you in certain cases), we will also undertake particular actions to remedy the breach as appropriate under the circumstances, which may include, logging you out from all the devices, resetting a password (sending a temporary password for you to apply) and performing other reasonably necessary activities and actions.
If you want to report a security incident related to the Services please contact us at contact@wemoms.fr.
General age limitation. The Services are not intended for children and we do not knowingly collect personal information about children under 13 years old through the Services. If you are aware of anyone under 13 using the Services, please contact us at contact@wemoms.fr and we will take the required steps to delete such information and (or) delete the child’s account.
Age limitation for residents of the European Economic Area and United Kingdom. Due to legal requirements, we do not allow the use of the Services by residents of EEA or the UK younger than 16 years old. If you are aware of anyone younger than 16 using the Services, please contact us at contact@wemoms.fr and we will take steps to delete such information and (or) delete the child’s account.
Moreover, some of the App functions are limited for users that are younger than 18.
We may contact you from time to time via email or through other means (like popups or push notifications) to communicate with you about products, services, offers, promotions, rewards, and events offered by us and others, and provide news and information that we think will be of interest to you.
Opt-out options. You can always opt out of receiving emails by unsubscribing via the “Unsubscribe” link contained in the email. Opting-out of these emails or notifications will not end the transmission of important service-related emails that are necessary to your use of the Services. You may also opt out of receiving popups or push notifications by adjusting your settings in your device. If applicable laws prescribe so, we may ask some users to provide their additional consent for such communications.
Please note that we may contact you with information about products, services, offers, promotions, rewards, and events offered by us and others via third-party platforms (like social media). For more information, including instructions for how to opt-out, please see the section above titled ‘Processing to find new WeMoms users and stay in touch with you’.
WeMoms is based in FRANCE (“FR”). Personal Data we collect is transferred to and processed in the U.S. (where it is governed by U.S. law) and to other countries (where it is governed by the laws of those countries). The laws of the U.S. and the laws of other countries may not offer the same protections as the laws of your jurisdiction.
Transfers of Personal Data outside of the European Union, the European Economic Area and the United Kingdom
Personal Data in the European Union (EU), the EEA and the United Kingdom (UK) is protected by the General Data Protection Regulation (GDPR) and Data Protection Act 2018, but some other countries may not necessarily have the same standard of protection for your Personal Data.
WeMoms transfers Personal Data from the EU, EEA and UK to the U.S. and other third countries. When transferring Personal Data outside the EU, EEA and UK we either implement standard contractual clauses or rely on current European Commission adequacy decisions. For further information please contact contact@wemoms.fr.
WeMoms is certified under the EU - U.S. Privacy Shield Framework (“EU Privacy Shield”) and Swiss - U.S. Privacy Shield Framework (“Swiss Privacy Shield” together with the EU Privacy Shield, the “Privacy Shield”) for Personal Data transfers from the EU to the U.S. and from Switzerland to the U.S. On July 16, 2020, the Court of Justice of the European Union invalidated the EU Privacy Shield. We continue to adhere to the Privacy Shield principles for Personal Data transferred up to July 16, 2020 and have maintained our certification.
Complaints and Dispute Resolution. We commit to resolve complaints about our collection and use of your Personal Data. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at contact@wemoms.fr or at the mailing address:
GLOBALIA SAS
29 rue du Louvre, 75002, Paris, France
Arbitration. You may also be able to invoke binding arbitration for unresolved complaints but prior to initiating such arbitration, a resident of a European country (including Switzerland) participating in the Privacy Shield must first: (1) contact us and afford us the opportunity to resolve the issue; (2) seek assistance from JAMS; and (3) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. If such a resident invokes binding arbitration, each party shall be responsible for its own attorney’s fees. Please be advised that, pursuant to the Privacy Shield, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles with respect to the resident. The arbitration option may not be invoked if the individual’s same claimed violation of the Principles (1) has previously been subject to binding arbitration; (2) was the subject of a final judgment entered in a court action to which the individual was a party; or (3) was previously settled by the parties.
We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission concerning Personal Data transferred under the Privacy Shield.
To communicate with our Data Protection Officer, please email at nicolas.cervantes@wemoms.fr or use the contact details below.
General
If you have any questions or concerns about your privacy you may contact us at:
GLOBALIA SAS, 29 rue du Louvre, 75002, Paris, France
Email: contact@wemoms.fr
You may also contact your local data protection authority. A list of local data protection authorities is available here.