Terms of Service

Last updated: February 11, 2025

These Terms of Service ("ToS"), which also serve as contractual terms for paid services subscribed to in a professional capacity, constitute a legally binding agreement between you and Joinways. They comprehensively govern the conditions of access, consultation and use of the Joinways platform, including the website, applications, functional modules, programming interfaces and, more generally, all associated services (the "Service").

By checking the acceptance box, creating an Account, subscribing to a Subscription or using the Service in any capacity whatsoever, you acknowledge that you have read these ToS, understand them and accept them without reservation or restriction. If you do not fully and entirely accept them, you must not access or use the Service.

Strictly professional use: You represent and warrant that you are acting in the course of your professional activity, on your own behalf or on behalf of an entity that you are duly authorized to bind. The Service is designed for businesses and event professionals, to the exclusion of consumer use. If you nevertheless use the Service as a consumer, the mandatory provisions of your national legislation remain applicable to the extent they cannot be contractually waived.

Responsibility for delegated access: When you authorize members of your team, contractors, employees or more generally any third party to access the Service via your Account or under your control, you remain solely responsible to Joinways. You guarantee compliance with these ToS by such persons and are liable for any act, omission, violation or non-compliant use committed through your access.

In the event of a conflict between multiple contractual documents applicable to your relationship with Joinways, the following order of priority applies, unless expressly stipulated otherwise:

• Special conditions expressly accepted between the parties
• The order form or subscription summary
• These ToS
• The privacy policy and, where applicable, the DPA

1. Definitions

• "Joinways", "we", "our" refers to the company that publishes the Service.
• "User", "you", "your" refers to any person accessing the Service.
• "Account" refers to the personal space created upon registration.
• "User Content" refers to data, texts, images and information that you submit to the Service.
• "Venue" refers to an establishment registered on the platform.
• "Subscription" refers to the paid plan subscribed to access the features of the Service.
• "DPA" (Data Processing Agreement) refers to the Data Processing Agreement applicable to professional clients.

2. License of Use

Subject to compliance with these ToS and payment of applicable fees, Joinways grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Service for the duration of your Subscription.

This license does not confer any rights to the source code, algorithms, architecture or underlying technologies of the Service. You may not:

• Copy, modify, adapt or create derivative works of the Service
• Decompile, disassemble or reverse engineer the Service
• Rent, lend, sell or sublicense access to the Service
• Remove or modify intellectual property notices

3. Description of the Service

Joinways is a SaaS (Software as a Service) event management platform designed for event professionals. The Service allows in particular:

• Centralized management of inquiries and leads
• Creation and tracking of events
• Quote generation and electronic signature
• Contact and company management (CRM)
• Integration with third-party services (emails, calendars, payments)
• Reporting and data analysis

3.1 Assistance Tool - No Substitution for Professional Expertise

IMPORTANT: Joinways is a management assistance tool. The Service does not substitute the expertise of an accountant, a chartered accountant, a lawyer or any other qualified professional.

3.2 Quotes, Invoices and Calculations

The Service offers quote and invoice generation features with automatic calculations (totals, VAT, discounts, etc.). However:

• You are solely responsible for verifying the accuracy of all amounts, calculations, VAT rates and information appearing on your quotes and invoices before sending them to your clients
• Joinways does not guarantee the accuracy of automatic calculations and cannot be held liable for calculation errors, regardless of the cause
• You are responsible for ensuring that your documents comply with the tax and accounting regulations applicable in your jurisdiction
• The legal information, mandatory notices and general terms of sale appearing on your quotes and invoices are your sole responsibility

Joinways disclaims all liability in the event of disputes with your clients, tax audits, or any other consequences resulting from errors or inaccuracies in your commercial documents.

3.3 Stripe Integration and Payments

When you use the Stripe integration to generate invoices or collect payments, you are bound by Stripe's terms of use. Joinways acts solely as a technical intermediary and is not responsible for:

• Billing or payment errors via Stripe
• Disputes between you and your clients regarding payments
• The compliance of your Stripe invoices with local regulations
• Stripe's decisions regarding your account (freeze, suspension, etc.)

3.4 Electronic Signature

The Service offers electronic signature features for quotes and other documents. These features are provided by a specialized third-party provider (SignatureAPI or equivalent) and are subject to the terms of use of that provider.

Regarding electronic signatures:

• Joinways acts solely as a technical intermediary between you and the electronic signature provider
• The legal validity, regulatory compliance (eIDAS, ESIGN Act, UETA, etc.) and evidential value of signatures are the responsibility of the third-party provider and your own due diligence
• You are solely responsible for verifying that the electronic signature is legally recognized for your types of documents and in the countries where you operate
• Certain documents (notarial deeds, certain real estate contracts, wills, etc.) may require handwritten or qualified signatures not offered by the Service
• Signature evidence (timestamps, IP addresses, certificates, etc.) is managed by the third-party provider according to its own retention conditions

Joinways disclaims all liability regarding:

• The legal validity of signatures in any jurisdiction whatsoever
• Disputes relating to the challenge, invalidation or non-recognition of an electronic signature
• Interruptions, errors or malfunctions of the third-party signature service
• Loss of signature evidence following a failure of the third-party provider
• Any damage resulting from the use or inability to use the electronic signature feature

3.5 Beta and Preview Features

We may occasionally offer experimental features, in beta or preview versions, identified as such in the interface.

Beta features are provided "AS IS" and "AS AVAILABLE":

• They may be incomplete, unstable or contain bugs
• They may be modified or removed at any time without notice
• Data created with these features may be lost
• No support is guaranteed for these features

Do not use Beta features for critical data or operations. Joinways disclaims all liability for damages resulting from the use of Beta features.

4. Registration and Account

4.1 Account Creation

To use the Service, you must create an account by providing accurate, complete and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials.

4.2 Eligibility Requirements

• You must be at least 18 years old
• You must have the legal capacity to enter into a contract
• If you represent a company, you must have the authority to bind it

4.3 Account Security

You are fully responsible for all activities carried out under your account. You must notify us immediately of any unauthorized use.

4.4 Inactive Accounts

We reserve the right to delete free accounts that have been inactive for more than 12 consecutive months, after sending you prior notice to the email address associated with the account. "Inactive" means that no login has been made during that period.

4.5 Transfer and Succession

Personal accounts are not transferable. In the event of the death of the user or dissolution of a company, heirs or liquidators may contact us to request data export or account termination, subject to providing appropriate supporting documents (death certificate, liquidation order, etc.).

5. Subscriptions and Payments

5.1 Plans and Pricing

The Service is offered under different pricing plans, including a free trial and paid subscriptions. Prices are listed on our pricing page and may be modified with 30 days' notice.

5.2 Free Trial

We may offer a free trial period with access to some or all features of the Service. Regarding the free trial:

• The duration and included features are determined at our sole discretion
• Upon expiration of the trial, you will need to subscribe to a paid plan to continue using the Service
• We reserve the right to modify, suspend or discontinue the free trial at any time, without notice
• Data created during the trial may be retained or deleted if you do not subscribe to a paid plan
• The free trial is limited to one trial per company/user

In the absence of an explicit expiration date, the free trial continues until we ask you to upgrade to a paid plan or we suspend your access.

5.3 Billing

• Subscriptions are billed in advance, monthly or annually
• Payments are processed securely via Stripe
• Displayed prices are exclusive of taxes, unless otherwise stated
• VAT is applied according to your location and applicable regulations

5.4 Renewal and Cancellation

Subscriptions are automatically renewed at the end of each period. You may cancel at any time from your billing dashboard. Cancellation takes effect at the end of the current period.

5.5 Refunds

All payments are non-refundable, except where expressly required by applicable law. No refund or credit is due in the event of mid-period cancellation, non-use of the Service, removal of features or justified account suspension. Any commercial refund request is at our sole discretion and creates no right for the future.

5.6 Right of Withdrawal (European Union)

If you are a consumer residing in the European Union, you have a 14-day right of withdrawal from the date of subscription. However, you expressly acknowledge and agree that:

• By starting to use the Service before the expiry of the withdrawal period, you expressly request immediate performance of the contract
• You thereby waive your right of withdrawal once access to the Service has been provided to you

To exercise your right of withdrawal (before using the Service), contact us at [email protected] within the 14-day period.

5.7 Non-Payment and Late Payments

In the event of late payment:

• We will send you an email reminder
• After 7 days, we may suspend your access to the Service
• After 30 days, we may terminate your account in accordance with Section 14
• Late payment interest may be applied in accordance with applicable regulations

5.8 Chargebacks and Payment Fraud

Any chargeback, abusive dispute or fraud report to your bank or our payment provider, when the charges are legitimately owed, constitutes a material breach of these ToS.

• We may immediately suspend your account
• You remain liable for all amounts owed
• We may charge the chargeback fees incurred
• We reserve the right to initiate collection actions

In the event of suspected payment fraud, we may require supporting documentation or refuse certain transactions.

6. Acceptable Use

6.1 You agree to:

• Use the Service in accordance with applicable laws
• Provide accurate and up-to-date information
• Respect intellectual property rights
• Maintain the confidentiality of your credentials

6.2 You agree not to:

• Use the Service for illegal or fraudulent purposes
• Transmit viruses, malware or malicious code
• Attempt unauthorized access to systems
• Collect data from other users without consent
• Resell or redistribute the Service without authorization
• Intentionally overload the Service infrastructure
• Circumvent security measures or technical limitations
• Use robots, spiders, scrapers or any automated tool to extract data from the Service (web scraping)
• Reproduce, copy or imitate the interface, features or design of the Service
• Use the Service to develop a competing product or service
• Store or process sensitive data within the meaning of Article 9 of the GDPR (health data, biometric data, political opinions, etc.) without specific written agreement
• Use the Service as a critical system that could impact life, health or safety of persons (life-critical systems)
• Conduct load tests, security scans or audits without prior written authorization
• Conduct comparative analyses, benchmarks or public performance tests of the Service without our prior written authorization
• Use the Service in highly regulated or critical sectors (health, medical devices, regulated financial services, defense, critical infrastructure) without prior written validation from Joinways
• Require or conduct security audits, penetration tests or technical assessments of the Service without our prior written agreement
• Conduct "functional" reverse engineering of the Service (analysis of the business model, price extraction, systematic collection of usage data, or use aimed at reproducing the commercial logic of the Service)

6.3 Anti-Spam Policy

You agree not to use the Service to send unsolicited commercial communications (spam). In particular, you must not:

• Send mass emails to recipients who have not consented
• Use purchased or rented mailing lists
• Send misleading or fraudulent communications
• Violate applicable anti-spam laws (CAN-SPAM, GDPR, CASL, etc.)

You are solely responsible for compliance with anti-spam laws in the jurisdictions where you operate. Joinways reserves the right to immediately suspend any account suspected of spam activity.

6.4 Export Control and Sanctions

The Service is subject to export control laws and regulations of the European Union, the United States and other jurisdictions. You agree to:

• Not use the Service if you are located in an embargoed country (Cuba, Iran, North Korea, Syria, Crimea region, etc.)
• Not use the Service if you appear on a sanctions list (SDN List, EU Consolidated List, etc.)
• Not use the Service for activities related to weapons, nuclear or other prohibited activities

You represent and warrant that you are not subject to international sanctions nor acting on behalf of a sanctioned person or entity.

6.5 Usage Limits (Fair Use)

Your use of the Service is subject to reasonable limits defined by your subscription plan. These limits may include:

• The number of registered venues
• The number of users/team members
• The storage volume for files and attachments
• The number of API requests (if applicable)
• The number of emails sent via the Service

In the event of exceeding your plan limits, we reserve the right to:

• Contact you to discuss upgrading your plan
• Temporarily limit certain features
• Charge overages at applicable rates

Specific limits for each plan are detailed on our pricing page.

7. Intellectual Property

7.1 Our Property

The Service, including its source code, features, design, logos and brand, are the exclusive property of Joinways SAS and are protected by intellectual property laws.

The "Joinways" trademark and associated logo are registered trademarks. Any unauthorized use constitutes infringement sanctioned under Articles L.335-2 et seq. of the French Intellectual Property Code.

7.2 Your Content

You retain all rights to the User Content that you submit. By using the Service, you grant us a worldwide, non-exclusive and free license to host, store and display your content for the purpose of providing the Service.

7.3 Feedback and Suggestions

Any feedback, suggestion, idea, improvement, recommendation or comment ("Feedback") that you communicate to us may be freely used by Joinways, irrevocably, worldwide, perpetually, transferably and sublicensably, without restriction or obligation to you, including for purposes of development, operation, marketing and improvement of the Service.

7.4 Reporting Infringing Content (DMCA)

If you believe that content on our Service infringes your copyright, please notify us in writing at [email protected] including:

• A description of the copyrighted work
• The location of the infringing content on our Service
• Your contact details
• A statement of good faith
• Your electronic or physical signature

In accordance with the Digital Millennium Copyright Act (DMCA) of the United States, we reserve the right to remove any allegedly infringing content and to suspend accounts of repeat offenders.

8. Data and Privacy

8.1 Privacy Policy

The processing of your personal data is governed by our Privacy Policy, which forms an integral part of these ToS. By using the Service, you accept our Privacy Policy.

Our Privacy Policy describes in detail:

• The data we collect and why
• The legal basis for each processing operation (GDPR)
• Our sub-processors and international transfers
• Your rights (access, rectification, deletion, portability)
• Retention periods
• Security measures in place

8.2 Data Processing Agreement (DPA)

For professional clients subject to the GDPR or other similar regulations, a Data Processing Agreement (DPA) is available upon request at [email protected].

Within the scope of the Service:

• You are the Data Controller for the data of your clients and events
• Joinways acts as a Data Processor for the processing of such data on your behalf

Data may be hosted and processed in the European Union or in other countries where our sub-processors operate. When data is transferred outside the EEA, Joinways implements appropriate transfer mechanisms recognized by applicable regulations (such as the European Commission's Standard Contractual Clauses).

The list of our sub-processors may evolve. We ensure that they provide appropriate data protection guarantees.

8.3 Your Responsibility Towards Your Clients

IMPORTANT: As a user of the Service, you are responsible for:

• Having your own privacy policy compliant with applicable laws for your clients and contacts
• Obtaining necessary consents before storing personal data of your clients in the Service
• Informing your clients of the use of Joinways as a management tool
• Responding to access, rectification or deletion requests from your clients regarding their data

Joinways is not responsible for your compliance with data protection laws in your relationships with your own clients.

8.4 Data Portability and Export

You may export your data at any time via the export features available in the Service. We recommend that you perform regular exports. In the event of termination, you will have 30 days to export your data before permanent deletion. After this period, data may be deleted without possibility of recovery, except where legally required to be retained.

8.5 Confidentiality of Business Information

We commit to treating confidentially the business information you communicate to us within the scope of the Service (business strategies, pricing, client lists, etc.). This information will not be disclosed to third parties, except:

• If such information is (or becomes) public without breach of a confidentiality obligation, or if it was legitimately obtained from a third party authorized to disclose it
• If required by law (court order, regulatory authority request)
• For the performance of the Service by our sub-processors under equivalent confidentiality obligations

8.6 Notification in Case of Data Breach

In the event of a personal data breach likely to pose a risk to your rights and freedoms, Joinways commits to:

• Notifying you within a maximum of 72 hours after becoming aware, in accordance with the GDPR
• Describing the nature of the breach and the data concerned
• Indicating the measures taken or proposed to remedy the breach
• Providing you with a point of contact for additional information

Your obligation: You must also notify us without delay of any security breach of which you become aware that could affect the Service or the data it contains (e.g., compromise of your login credentials).

9. Third-Party Services

The Service may integrate with third-party services (Gmail, Outlook, Stripe, calendars, etc.). These integrations are subject to the respective terms of use of such third parties.

Joinways is not responsible for the operation, availability or privacy practices of these third-party services.

10. Artificial Intelligence and Automated Processing

10.1 Use of AI in the Service

The Service may incorporate features based on artificial intelligence (AI) and machine learning to enhance your experience. These features may include:

• Automatic suggestions (email drafting, field completion)
• Automatic categorization and sorting of data
• Predictive analytics and recommendations
• Assistance with drafting quotes and documents
• Automatic extraction of information from emails or documents

10.2 Limitations and Liability

IMPORTANT: Results generated by AI are provided for informational purposes only and do not constitute professional advice. You are solely responsible for:

• Verifying and validating all AI-generated suggestions or content
• Business decisions made based on these suggestions
• The accuracy of automatically extracted information

Joinways disclaims all liability for errors, inaccuracies or omissions in AI-generated results. You acknowledge that AI results may be inaccurate, incomplete, misleading, or not up to date, and should not be used as the sole basis for decisions, particularly for financial, legal or regulatory decisions.

10.3 Data and AI

Regarding the use of your data in connection with AI:

• Your data is not used to train third-party AI models without your explicit consent
• AI features may use third-party providers (e.g., OpenAI, Anthropic) for processing, in compliance with our DPA
• You may disable certain AI features from your account settings, where this option is available

10.4 Aggregated and Anonymized Data

You authorize Joinways to use aggregated and anonymized data (that does not allow identification of you or your clients) to:

• Improve the Service and develop new features
• Produce industry statistics and anonymized benchmarks
• Improve the performance and security of the Service
• Train and improve our internal AI models

This aggregated data cannot in any way be used to reconstruct your individual data or that of your clients.

11. Availability, Data and Support

11.1 Service Availability

We endeavor to maintain the Service available 24/7. However, we do not guarantee any specific level of availability (SLA), except by separate written agreement for Enterprise clients.

Without prejudice to the foregoing, you acknowledge that the Service may be subject to interruptions, latencies, limitations or errors, and that Joinways assumes no obligation of continuity or minimum availability in the absence of a written SLA.

Joinways does not guarantee the existence of a specific disaster recovery or business continuity plan, except by separate written agreement. You acknowledge that the Service is not designed as critical infrastructure.

The Service may be temporarily unavailable due to:

• Scheduled maintenance (with reasonable notice where possible)
• Emergency security maintenance
• Failures of our infrastructure providers (hosting, CDN, etc.)
• Force majeure events
• Malicious attacks or security incidents

11.2 Backup and Data Loss

IMPORTANT: Although we implement reasonable measures to protect your data, you are solely responsible for backing up your data. We strongly recommend that you regularly export your important data.

We implement reasonable security measures in accordance with industry standards, including in particular encryption of data in transit (TLS) and restricted internal access controls. However, no security measure being infallible, you acknowledge that zero risk does not exist.

Joinways does not guarantee:

• Data recovery in case of loss, corruption or deletion
• Permanent integrity of stored data
• Data availability after termination of your account

In the event of data loss, regardless of the cause, our liability is strictly limited in accordance with Section 12 below.

You acknowledge that the Service is not an archiving or primary backup service. Joinways cannot under any circumstances be held liable for data loss, regardless of the cause (human error, technical failure, cyberattack, third-party action, force majeure or otherwise). Your sole remedy in case of data loss is prior export of such data.

Joinways is not responsible for losses, alterations or corruption of data occurring during import, migration or export operations performed at your request or with your participation.

11.3 Modifications to the Service

We reserve the right to modify, suspend or discontinue all or part of the Service at any time, with or without notice. The removal or modification of features does not entitle you to any refund, except where expressly required by applicable law or as a commercial gesture at our sole discretion.

11.4 Support

The level of support depends on your subscription plan. Details are specified on our pricing page. Support is provided on a "best effort" basis without guaranteed response times, except for specific SLA agreements for Enterprise clients.

The support provided does not constitute legal, tax, accounting or regulatory advice. You remain solely responsible for your legal and declarative obligations.

12. Limitation of Liability

12.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Service will be available without interruption or error
• Defects will be corrected within a specific timeframe
• The Service will be free of viruses or other harmful components
• Your data will always be secure, accessible or recoverable
• The results obtained through the Service will meet your expectations

12.2 Disclaimer for Data Loss

JOINWAYS SHALL IN NO EVENT BE LIABLE FOR:

• The loss, corruption or deletion of your data, regardless of the cause
• The inability to recover your data after a failure, error or termination
• Damages resulting from unauthorized access to your data by third parties
• Losses due to service interruptions, whether planned or not

You acknowledge that it is your exclusive responsibility to maintain backups of your critical data.

12.3 Disclaimer for Unavailability

JOINWAYS SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE UNAVAILABILITY OF THE SERVICE, INCLUDING BUT NOT LIMITED TO:

• Loss of revenue or business opportunities
• Inability to manage events or bookings
• Delays in communication with your clients
• Any indirect loss related to the interruption of your business

This exclusion also applies when the unavailability results from third-party providers (cloud hosts, CDN, email services, payment providers), cyber attacks, malicious acts of third parties or digital force majeure events.

12.4 Limitation of Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JOINWAYS SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits or revenue
• Loss of data or data use
• Loss of customers or business opportunities
• Damage to reputation
• Cost of replacement services or software
• Business interruption

This exclusion applies even if a limited remedy fails of its essential purpose and even if Joinways has been advised of the possibility of such damages.

12.5 Liability Cap

IN ALL CASES, OUR TOTAL AND CUMULATIVE LIABILITY UNDER THESE TOS OR FOR THE USE OF THE SERVICE IS STRICTLY LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS:

• The amount you actually paid for the Service during the 12 months preceding the event giving rise to the claim; or
• Fifty euros (€50)

12.6 Acknowledgment

You acknowledge and agree that the limitations of liability set forth above are essential elements of the agreement between you and Joinways, and that without these limitations, the pricing of the Service would be significantly higher.

13. Indemnification

You agree to defend, indemnify and hold harmless Joinways, its officers, employees and partners against any claims, damages, obligations, losses or expenses resulting from:

• Your use of the Service
• Your breach of these ToS
• Your violation of third-party rights
• The User Content that you submit

14. Termination

14.1 By You

You may terminate your account at any time from your account settings or by contacting us.

14.2 By Us

We may suspend or terminate your access to the Service immediately and without notice in the event of actual or suspected violation of these ToS, legal, regulatory, financial or reputational risk, abuse of support, fraudulent behavior, non-payment, or if your use is likely to harm the Service, other users or third parties.

14.3 Effects of Termination

Upon termination, your right to use the Service ceases immediately. You may export your data before termination. We may retain certain data in accordance with our Privacy Policy.

14.4 Surviving Clauses

The following sections survive termination of the account: Section 7 (Intellectual Property), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 15 (Governing Law and Dispute Resolution), and any other provision that, by its nature, is intended to survive.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These ToS are governed by French law, without regard to conflict of law principles.

Joinways is a French company. In the event of a conflict between the provisions specific to the United States (Sections 15.3 and 15.4) and the other provisions of these ToS, French law provisions shall prevail for any action brought before French or European courts.

15.2 For Users Outside the United States

Any dispute relating to the interpretation or performance of these ToS shall be submitted to the exclusive jurisdiction of the courts of Paris, France.

For consumer users residing in the European Union, the mandatory provisions of the legislation of their country of residence shall apply.

15.3 For Users in the United States - MANDATORY ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

If you reside in the United States, you agree that any dispute, claim or controversy arising from these ToS or the Service shall be resolved by binding individual arbitration, and not before a court. The arbitration shall be administered in accordance with the rules of the American Arbitration Association (AAA).

CLASS ACTION WAIVER: You agree that any dispute shall be resolved only on an individual basis and not as part of a class, consolidated or representative action. You waive your right to participate in any class action against Joinways.

WAIVER OF JURY TRIAL: To the fullest extent permitted by law, you and Joinways irrevocably waive any right to a trial by jury for any dispute relating to these ToS or the Service.

Exceptions: This arbitration clause does not apply to:

• Requests for provisional or injunctive relief
• Disputes concerning intellectual property
• Claims that may be brought before a Small Claims Court in your state of residence

15.4 Right to Opt-Out of Arbitration (United States Only)

You may opt out of the mandatory arbitration clause. If you do so, neither you nor Joinways may require the other party to participate in arbitration.

To opt out, you must notify us in writing within 30 days of the date you accepted these ToS. Your notification must:

• State that you do not wish to be bound by the arbitration clause
• Include your name, address, phone number and email
• Be sent to: [email protected] with the subject "Opt-out Arbitration"

This procedure is the only way to opt out of the arbitration clause.

15.5 Mediation (European Union)

In accordance with the provisions of the Consumer Code regarding amicable dispute resolution, Joinways subscribes to a mediation service. You may use this mediation service free of charge for any unresolved consumer dispute.

ODR Platform: In accordance with Regulation (EU) No. 524/2013, the European Commission provides an Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

15.6 Statute of Limitations

Any claim arising from these ToS or the use of the Service must be filed within six (6) months from the occurrence of the event giving rise to the claim, failing which it shall be time-barred.

16. Changes to the ToS

We reserve the right to modify these ToS at any time. In the event of material changes, we will notify you by email or via the Service with 30 days' notice.

Continued use of the Service after the changes take effect constitutes acceptance of the new ToS.

17. General Provisions

Information security: Joinways implements reasonable administrative, organizational and technical security measures designed to protect data (such as access control, encryption in transit, logging and security monitoring). These measures do not constitute an absolute guarantee of security.

17.1 Electronic Communications

By creating an account, you consent to receiving electronic communications from us (emails, in-app notifications). These communications may include:

• Transactional emails (confirmations, invoices, security alerts)
• Service notifications (maintenance, important updates)
• Marketing communications (if you have separately consented)

You may unsubscribe from marketing communications at any time. Transactional and service emails cannot be disabled while you have an active account.

17.2 Language

These ToS were drafted in French. In the event of translation into other languages and discrepancy between versions, the French version shall prevail.

17.3 Anti-Corruption and Compliance

Each party agrees to comply with all applicable anti-corruption laws and regulations, including the UK Bribery Act 2010, the US Foreign Corrupt Practices Act and the French Sapin II law. You agree not to:

• Offer, promise or give undue advantages to public officials or third parties in connection with the Service
• Use the Service for money laundering or financing of illegal activities

17.4 No Third-Party Rights

Unless expressly provided otherwise, no person other than the parties to these ToS has any rights under or in connection with these ToS, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 (United Kingdom) or any other similar legislation.

17.5 Other Provisions

• Entire Agreement: These ToS constitute the complete and exclusive agreement between you and Joinways regarding the Service. They supersede and cancel all prior agreements, communications and understandings, written or oral, relating to their subject matter.
• Severability: If any provision is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, so that these ToS shall remain in full force and effect.
• Waiver: The failure to exercise a right or to require performance of an obligation shall not constitute a waiver of that right or obligation.
• Assignment: You may not assign these ToS without our prior written consent. Joinways may assign its rights and obligations in connection with a merger, acquisition or asset sale, without your consent.
• Force Majeure: We are not responsible for delays or failures due to events beyond our reasonable control (natural disasters, wars, pandemics, supplier failures, government decisions, strikes, cyberattacks, etc.).
• Relationship of the Parties: Nothing in these ToS creates an employment, partnership, joint venture or agency relationship between you and Joinways.
• Headings: Section headings are provided for convenience only and do not affect the interpretation of the ToS.
• Amendments: Any amendment to these ToS must be made in accordance with Section 16.
• Change of Control: In the event of a merger, acquisition or asset transfer of Joinways, these ToS shall continue to apply to the Service.
• Non-Solicitation: You agree not to recruit or directly solicit any Joinways employee involved in the provision of the Service during the term of the contractual relationship and for 12 months thereafter.

17.6 Use of Your Name and Logo

Unless you object, you authorize Joinways to use your name, logo and trademark to identify your company as a Joinways client, notably on our website, marketing materials and social media.

Opt-out: You may withdraw this authorization at any time by contacting us at [email protected]. We will remove your name and logo within a reasonable timeframe (maximum 30 days).

17.7 Government Users (United States)

If you use the Service as a U.S. government agency or entity, the following provisions apply:

• The Service is provided as "commercial computer software" and "commercial computer software documentation" within the meaning of FAR and DFARS regulations
• The U.S. government's rights in the Service are limited to the rights granted to other users under these ToS
• Any use, duplication or disclosure by the government is subject to the restrictions set forth in these ToS