WE DO GOOD

Terms and Conditions of Use

Legal notices

Publisher Identification

 

The Website and these Terms and Conditions are published by:

 

WE DO GOOD, a simplified joint-stock company with variable capital and a minimum capital of 10,000 Euros,

whose registered office is located at 40 rue de la Tour d’Auvergne, 44200 NANTES, FRANCE,

registered with the R.C.S. of NANTES under number 797 519 105,

registered with ORIAS as an IFP under number 17002712,

registered as a payment services agent of Lemon Way on the financial agents register (Regafi),

VAT number: FR 44 797 519 105,

phone number: 09 72 65 15 89,

email address: bonjour@wedogood.co.

 

Publication Director

 

The Publication Director of the Website is Mr. Yannis Baala.

 

Website Hosting Provider

 

The Website is hosted by GANDI SAS, whose contact details are as follows:

63-65, boulevard Massena – 75013 PARIS – www.gandi.net

Warning and preamble

This document (hereinafter the “Terms and Conditions”) applies to the website wedogood.co, published and operated by WE DO GOOD, hereinafter referred to as “the Website“.

 

Its purpose is to define the terms and conditions under which, on the one hand, WE DO GOOD provides its Members with access to the Website and the Services available on the Website, and on the other hand, how Internet users (natural or legal persons) access the Website and use its Services and the information contained therein, regardless of their status: Visitor, Member, or Project Owner.

 

More specifically, using the Website and its associated Services implies the full and unconditional acceptance of the Terms and Conditions by the Members, including the provisions of any applicable notice on the Website, notably through referenced links.

 

By using and accessing the Website and its associated Services, the Internet user acknowledges having fully read and accepted the Terms and Conditions without reservation.

 

The Terms and Conditions may be supplemented by special conditions, which will be presented to the Internet user for acceptance before gaining access to certain information and Services.

 

WE DO GOOD may modify the Terms and Conditions at any time. Any Internet user is therefore required to refer to the online version at the time of consultation, which will necessarily be the version in effect at that time.

Article 1 - Definitions and interpretations

Terms and expressions starting with a capital letter and expressly defined herein shall have the meaning attributed to them in the article or paragraph of the Terms and Conditions where the terms and expressions are first used.   The following terms and expressions shall, unless expressly stated otherwise, have the meaning given below:  
    • Future Revenue Assignment Contract” refers to the contracts signed between Subscribers and Project Owners,
 
    • Counterparty” refers to the rights granted within the framework of the Project in exchange for Subscriptions,
 
    • Personal Account” refers to a Member’s personal space on the Website. This space is accessible only via login credentials and allows access to the Services provided by the Company. It also allows the Member to view and modify their personal data,
 
    • Evaluation Phase” refers to the period following the initial presentation of the Project on the Website, allowing Members to give feedback on the Project. It precedes the Subscription Phase during which the Project Owner seeks to reach the Minimum Threshold, although Members may subscribe during this period if they wish.
 
    • Financing Operation” refers to the time-limited process during which a certain number of subscribers invest in an offer,
 
    • Member” refers to the Internet user(s), natural or legal person(s), registered as such on the Website,
 
    • Funding Goal” refers to the total amount of Subscriptions expected by the Project Owner for the realization of their Project,
 
    • Organization” refers to any legal entity identified on the Website and legally represented by a natural person registered as a Member,
 
    • Confirmation Phase” refers to the 15 calendar days following the Subscription Phase, intended to allow the exercise of any withdrawal rights by Subscribers, at the end of which the Minimum Threshold achievement is confirmed,
 
    • Subscription Phase” refers to the period during which Members may subscribe to the Financing Operation. This period has a maximum duration of 60 calendar days,
 
    • Project Owner” refers to any natural or legal person represented by a natural person registered on the Website as a Member, aiming to finance all or part of their Project via the Website by creating a Project Page and potentially using the associated Services,
 
    • Project” refers to any profit or non-profit initiative undertaken by a Project Owner and published on the Website for Evaluation,
 
    • Project to be Funded” refers to a Project that has been Approved, whose Evaluation conditions have been accepted by the Project Owner, and for which a Subscription Phase is open,
 
    • Project Page” refers to the page created on the Website by a Project Owner Member to present their Project during an Evaluation Phase and potentially during a Subscription Phase,
 
    • Payment Service Provider”: refers to the provider(s) holding a specific authorization used by WE DO GOOD to manage payments on the Website. This provider is “LEMON WAY.”
 
    • Electronic Signature Service Provider”: refers to the provider(s) used by WE DO GOOD for managing contract signatures on the Website.
 
    • Complaint”: refers to a declaration expressing a Member’s dissatisfaction with WE DO GOOD or a Project Owner; a service request, request for information, clarification, or opinion does not constitute a complaint,
 
    • Royalty”: refers to the payments indexed on project revenues received by Subscribers. These are also called “Royalties” in the Website content,
 
    • Service(s)”: refers to one or more services offered on the Website, including those operated by partners such as payment or electronic signature services,
 
    • Minimum Threshold”: refers to the minimum amount that Subscriptions must reach for the Project to be considered funded,
 
    • Subscriber”: refers to the Member(s) who subscribed to a Project to be Funded within the Financing Operation organized by the Project Owner using the means provided by the Website,
 
    • Subscription”: refers to any cash amount paid by a Subscriber in exchange for a Counterparty,
 
  • Visitor(s)”: refers to Internet user(s), natural or legal person(s), accessing or consulting the Website without registering as a Member.

Article 2 - Access and registration on the website

2.1 – Access to the Website

 

Access to the Website is free and allows Visitors and Members to view its editorial content, Projects, and Projects to be Funded.

 

However, access to certain information, features, and specific Services on the Website is conditioned on registration via the creation of a Personal Account under the conditions defined below as a Member.

 

2.2 – Registration

 

To register as a Member, one must complete an online form.

 

Upon registration, the Member commits to providing accurate information and is required to fill in all mandatory fields on the registration form.

 

Any natural person wishing to register must be of legal age and have the capacity to enter into a contract.

 

The representative of a legal entity certifies that they hold all necessary rights to enter into these Terms on behalf of the legal entity they represent. They must first register as a natural person before identifying the legal entity as an Organization on the Website.

 

The Member will then confirm their registration by clicking on the designated area provided for this purpose.

 

WE DO GOOD will confirm the Member’s registration. However, WE DO GOOD reserves the right to refuse registration to any person who does not meet standards of good conduct or who contravenes the values and ethics promoted by the Website, without being required to provide a reason for such refusal.

 

WE DO GOOD alone decides which registrations are accepted, without recourse or compensation of any kind.

 

Registration as a Member provides access to a Personal Account, which is unique and accessible exclusively via a password and an identifier.

 

The Member agrees not to create or use any other account than the one initially created, whether under their own identity or that of a third party. Any exception to this rule must be requested by the Member and expressly authorized by WE DO GOOD. Creating or using new accounts under one’s own identity or that of third parties without prior authorization from WE DO GOOD may result in immediate suspension of the Member’s Personal Account and access to all associated Services.

 

The Member guarantees that the information provided on the Website is accurate, sincere, and truthful. They agree to inform WE DO GOOD without delay of any changes to the information provided at the time of registration and, if applicable, to make these changes themselves within their personal space.

 

To ensure compliance with these Terms, WE DO GOOD reserves the right to request Members to verify their identity by any means. If proof is not provided within 7 days of the request, WE DO GOOD may suspend the Member’s account.

 

2.3 – Identifier and Password

 

Upon creation of their Personal Account, the Member will choose or be assigned an identifier and password (hereinafter “Credentials”) allowing access to their personal space. These Credentials are personal and confidential. They can only be changed at the Member’s request or by the Website’s initiative.

 

The Member is solely and fully responsible for the use of their Credentials and agrees to take all necessary measures to keep them confidential and not disclose them to anyone, in any form, for any reason whatsoever.

 

The Member will be responsible for any use of their Credentials by third parties, as well as for actions or statements made through their Personal Account, whether fraudulent or not, and indemnifies WE DO GOOD against any claims in this regard.

 

Furthermore, since WE DO GOOD is not obliged and does not have the technical means to verify the identity of registrants, it is not responsible in the event of identity theft. If the Member has reason to believe that someone is fraudulently using their credentials or account, they must immediately inform WE DO GOOD.

 

In the event of loss or theft of any of their Credentials, the Member is responsible for all damaging consequences and must promptly use the procedure provided to change them.

 

If the Member becomes aware of another person accessing their Personal Account, they must immediately notify the Website manager by email at admin@wedogood.co and confirm this information by registered mail to the address of WE DO GOOD’s head office indicated in the legal notice at the beginning of this document.

 

Any use of the Website that is fraudulent or that contravenes the Terms and Conditions may result in refusal of access to the Services or other Website features for the Member at any time.

Article 3 - Function of the site

3.1 – General Purpose

 

As a multimedia information and communication tool, the Website is intended to enable:

 

a) Project Owners:

  • to present and promote to Internet users a Project for which they require funding, regardless of the Project’s stage of development,
  • to offer Internet users the opportunity to support or finance one or more of their Projects,
  • to collect Subscriptions for the purpose of financing their Project(s),
  • to allow the Project Owner to manage the payment of their rewards (via the Payment Service Provider),
  • to allow Subscribers to track the rewards they receive in exchange for their Subscription.

 

b) Members, to have a discussion space around Projects, particularly through a “Forum” space, to exchange on Projects, and to support or finance a Project by becoming a Member.

 

3.2 – Use

 

Specifically, Project Owners wishing to promote their Projects and obtain funding submit to WE DO GOOD, for publication on the Website, a presentation detailing the nature, objectives, main characteristics, and the progress of the Project(s) they intend to develop with the support of Members and Subscribers in particular.

 

To be accepted by WE DO GOOD for potential promotion on the Website, the Project Owner undertakes to provide clearly and precisely, for any proposed Project: the Project description, the proposed Funding Objective, the Minimum Threshold, as well as the Rewards offered.

 

The characteristics and parameters of the Project are subject to prior approval by WE DO GOOD without any obligation to justify refusal to publish the Project and without guaranteeing to Members the Project’s success or the authenticity of the information provided by the Project Owner. The content selection primarily aims to verify the coherence and quality of the Project regarding the elements mentioned in 3.2 above and is not intended to control the viability, feasibility, or authenticity of the proposed Project.

 

It is therefore reminded that any Subscription is not guaranteed, and Subscribers assume the risk of losing the invested amounts.

 

Once preselected, the Project is presented on the Website via its Project Page for Evaluation by Members.

 

During the Evaluation phase, Members who wish to do so provide feedback on the quality of the Project, including its risk level, development potential, social and environmental responsibility, and may subscribe to the Project during this period.

 

Evaluation conditions are then communicated to the Project Owner, the Project to be Funded is published as such, and the Subscription Phase is opened.

 

Once published on the Website, Projects to be Funded cannot be modified except to make corrections solely intended to improve the achievement of the Project objectives.

 

It is the Project Owner’s responsibility to ensure they have all necessary rights to publish the Project on the Website and that they comply with all laws and regulations applicable to the design and implementation of the Project. In particular, Project Owners must not present a Project in violation of applicable laws and regulations, infringing human dignity or privacy, or encouraging or engaging in illegal activities or any other activity that could harm the rights of WE DO GOOD and its contractors, other Members, or any third party.

 

The Project Owner is fully responsible for the presentation of the Project published on the Website and must ensure, in particular, that this presentation does not mislead Members.

 

The Project Owner acknowledges that providing misleading, incomplete, or incorrect information may incur their liability towards WE DO GOOD and Members, and assumes full responsibility for any consequences resulting from any omission or negligence in this regard.

 

In the event of death, incapacity, accident of the Project Owner, or any other event preventing them from carrying out their Project, WE DO GOOD is authorized to suspend the ongoing Subscription Phase. More generally, WE DO GOOD may, at its discretion, cancel the ongoing Subscription Phase and remove a Project from the Website if it is found that the Project Owner violates these Terms. In such a case, all recorded Subscriptions would be immediately canceled, Subscribers reimbursed, and the Project Owner could not claim the amounts subscribed.

 

Project Owners commit to deploying all necessary means to implement their Projects to be Funded if they succeed in reaching the Minimum Threshold.

 

They commit to regularly updating their Projects and sharing with other Members information regarding the progress and implementation of their Projects.

 

In particular, the Project Owner undertakes, even after the expiration of the Subscription Phase and for as long as Subscribers remain contractually bound to the Project Owner, to a strengthened information obligation.

 

Within this framework, beyond legal obligations, the Project Owner must regularly inform Subscribers under conditions defined by a specific contract.

Article 4 - Subscription, subscription tracking, and royalty payments

Note: the use of the tools provided by the Website for Subscriptions is under the sole and exclusive responsibility of the Project Owner.

 

4.1 – Opening of the Subscription Phase

 

Once the Project is Approved and the Project Owner has agreed to the Subscription conditions, the Subscription Phase is opened.

 

4.2 – Subscription

 

Members are free to choose the amount of their Subscription, noting that a minimum amount may be required for each Project to be Funded, and that the amount paid must be at least equal to the value of the Reward.

The Subscription implies acceptance of all the terms and conditions of the Financing Operation, which will be detailed in the Project to be Funded and in the corresponding Future Revenue Assignment Agreement.

The Subscription will be formalized by electronic signature of a contract or subscription form summarizing the main terms and conditions of the Financing Operation and/or any related documents.

Depending on the amount of the Subscription, the electronic signature must be carried out using the Electronic Signature Service Provider system.

It is specified that WE DO GOOD does not receive commissions from Subscribers on their Subscriptions.

 

4.3 – Payment Conditions

 

Payment of the Subscription will be made using the Payment Service Provider system, whose Terms of Use are annexed below and are incorporated into these General Terms and Conditions. Acceptance of these General Terms and Conditions also constitutes acceptance of the Payment Service Provider’s Terms of Use (hereinafter “TOS”).

The Subscription amount is immediately debited from the Payment Account (as defined in the TOS).

If, at the end of the Subscription Phase, the Minimum Threshold has not been reached, the Subscription will be transferred from the Project Owner’s Electronic Money Account to the Subscriber’s Electronic Money Account. The Subscriber may then use this amount to invest in another Project to be Funded or request a refund at no cost.

If, at the end of the Confirmation Phase, the Minimum Threshold has been reached or exceeded, the total Subscription amount will be transferred to the Project Owner’s bank account under the conditions set forth below, and can no longer be refunded to the Subscriber.

 

4.4 – Cancellation of a Financing Operation

 

In the event of termination of Projects to be Funded during the Subscription Phase, the Financing Operation must be stopped, and the related Subscriptions refunded to the affected Subscribers.

 

4.5 – Royalty

 

At the end of a successful Financing Operation, the Project Owner must pay a Royalty to its Subscribers under the conditions specified in the Future Revenue Assignment Agreement concluded with them. This Royalty is paid using the payment services offered on the Website and is transferred to the Subscriber’s Electronic Money Account, who may then either transfer it to their bank account or use it for a new Subscription.

 

4.6 – Residual amounts

 

When distributing a Royalty among Subscribers, if a residual amount remains due to rounding that cannot be fairly allocated among Subscribers in proportion to their Subscriptions, this residual will be definitively retained by WE DO GOOD.

 

4.7 – Tax obligations

 

The User acknowledges that the information provided by WE DO GOOD does not constitute tax advice and is provided for informational purposes only. WE DO GOOD cannot be held responsible for the tax consequences related to a Financing Offer. WE DO GOOD recommends that Members and Project Owners consult a tax or legal advisor for advice suited to their personal situation. Each Subscriber is responsible for verifying their eligibility for tax reductions or benefits of any kind on all or part of the Subscriptions made through the Website, in accordance with applicable regulations.

WE DO GOOD cannot verify the accuracy of tax information provided by a Subscriber and cannot be held responsible for any inaccuracy, error, or incompleteness.

Any Member wishing to participate in a Financing Offer is informed that the financial returns displayed on the Website do not take into account taxes or social contributions. Additionally, any interest received under a Subscription may be subject to withholding or deductions at source, according to the applicable tax and social regime.

As tax and social regimes may change at any time, WE DO GOOD does not make any commitment or assume any responsibility in this regard towards Subscribers, Members, or Project Owners.

Where legally required, WE DO GOOD annually sends a declaration to the tax authorities, indicating, for each Subscriber liable for tax in France, their identification details, individual status, gross income received, the amount of tax withheld at source by WE DO GOOD acting on behalf of the Project Owner as the Payment Service Provider’s agent, and the applicable category.

The Subscriber will receive, if applicable, the income from Subscriptions made on the Website, after deduction of the flat-rate withholding tax (“flat tax”), which is paid to the Treasury by the Project Owner via WE DO GOOD acting as agent of the Payment Service Provider.

The application of flat taxation and social contributions depends on each Subscriber’s individual tax situation based on the declaration they submitted to WE DO GOOD via their online account before November 30 of year N for application in year N+1. If no declaration is made by the Subscriber, WE DO GOOD will apply the advance on the flat-rate withholding tax.

Article 5 - Conditions particulières applicables aux porteurs de projet

The terms of this article apply to all Project Owners as defined at the beginning of these General Terms.

 

5.1 – Financing in exchange for project revenue royalties

 

Investments planned by the Project Owner are wholly or partially financed by Subscribers through a Future Revenue Assignment Agreement for the project, calculated as applicable based on an agreed reference (revenue, cost savings, etc.).

The Project Owner agrees to pay Subscribers a portion of their Revenues, expressed as a percentage and defined by them prior to the start of the Financing Operation under the terms of the Future Revenue Assignment Agreement used in connection with the Financing Operation.

Funds raised by the Project Owner via the payment services provided by WE DO GOOD and its partners will be transferred to the Project Owner 15 calendar days after the fundraising to comply with the legal withdrawal period for Subscribers.

In accordance with the terms of the Future Revenue Assignment Agreement approved by the Project Owner at the time of launching their Financing Operation, the Project Owner agrees to authorize WE DO GOOD, via its payment service provider, to debit their bank account to ensure the payment of the Royalty in case of non-declaration or late payment.

 

5.2 – Specific usage conditions

 

Considering the necessary credibility of the Website and the editorial line defended by WE DO GOOD, the latter may refuse access to the Website and Services to Project Owners and/or Projects not recognized by WE DO GOOD as meeting the criteria of seriousness, responsibility, and innovation. Responsibility is understood as avoiding excessive and uncontrolled negative impacts on the economic, social, and ecological environment.

A Project can only be presented by a Project Owner if it meets WE DO GOOD’s selection criteria, which may change at any time and are accessible at: www.wedogood.co/investissement/criteres-selection.

The Project Owner must animate their Project on the Website and generate interest among the Member community. The Website is a technical platform only; neither the Website nor the Company participates in finding Subscribers.

WE DO GOOD reserves the right to refuse the transition to the Subscription Phase of a Project if fewer than 50 Members evaluated it during the Evaluation Phase, if the expressed investment intentions represent less than 50% of the Minimum Threshold, or if a majority of evaluators gave negative or low ratings.

For a private Financing Operation conducted on the Website, WE DO GOOD reserves the right to suspend or cancel the operation in case of public communication, including on social media or news outlets.

If the Project is not published within 6 months following the Project Owner’s formal agreement, WE DO GOOD may consider the operation abandoned and request the application fees again.

 

5.3 – Compensation of WE DO GOOD by the Project Owner

 

In return for using the service, WE DO GOOD shall be entitled, in the event of successful fundraising (achievement of the defined minimum goal), to a compensation corresponding to a fraction of the funds raised, as defined in a quote, order form, or service agreement signed or validated via online form.

This compensation is due regardless of the Project Owner’s level of use and is subject to VAT at the prevailing rate. It is payable on the day the funds are released by the bank or by direct debit from the collected funds.

Any late payment will incur default interest at a rate equal to the legal interest plus five points. WE DO GOOD will also charge management and payment fees (5% excluding tax) for any payment to Subscribers. Specific services will be subject to a separate agreement and compensation.

 

5.4 – Responsibility of the Project Owner

 

The Project Owner uses the technical tools (platform, payment, electronic signature) at their sole responsibility. They must provide WE DO GOOD with all necessary, accurate, and complete information.

The Project Owner guarantees to WE DO GOOD and Members that they:

  1. Are not listed on banking incident files (FCC, FICP, FNCI). Learn more.
  2. Are not subject to bankruptcy, insolvency, or similar proceedings.
  3. Are not a director or administrator of an entity affected by bankruptcy or insolvency.
  4. Have no criminal or civil/administrative records affecting their activity.
  5. Are not subject to investigation or sanctions by a regulatory authority.
  6. Have not had authorization or license refusals or withdrawals for practice.
  7. Have not been dismissed for serious misconduct or contractual breach.
  8. Are covered by adequate professional insurance.

The Project Owner undertakes to inform WE DO GOOD of any changes and act fairly and transparently toward the platform and Subscribers.

 

5.5 – Commitment of the Project Owner in case of successful Financing Operation

 

The Project Owner must fulfill their obligations to Subscribers, carry out the Project, and provide the agreed Rewards. No illegal Rewards may be offered. In case of impossibility, they agree to fully reimburse the Subscribers.

The Project Owner is solely responsible for accounting, tax, and social obligations related to Subscriptions. WE DO GOOD is not responsible for reimbursements or obligations toward Subscribers.

 

5.6 – Professional confidentiality and Project information

 

WE DO GOOD may only use the information provided by the Project Owner within the scope of its mission. They will only be shared with third parties with the Project Owner’s authorization. The Project Owner authorizes the publication of all information necessary for fundraising on the platform.

 

5.7 – Promotion on and off the Website

 

Notwithstanding the terms of article 5.6, the Project Owner agrees that the content and information provided may be freely used by WE DO GOOD as part of the operation of the Website and the associated Services.

Thus, the Project Owner and WE DO GOOD mutually grant each other, free of charge, worldwide and for the entire period during which the Project Owner is registered on the Website and for 10 years after the first presentation of the Project on the Website, the rights specified below to allow the Service to function or promote the Website via Internet dissemination, mobile networks, and/or any other publicly accessible communication network.

The Project Owner and WE DO GOOD mutually grant the right to:

  • Use, for communication and promotion of the Website, their name and the name and characteristics of the Project;
  • The right to reproduce and have reproduced the content and information provided on the Website on any network, by any means, in any known or unknown form, with or without other works, as long as it is related to the promotion of the Project;
  • Represent or have represented all or part of the Project content.

The Project Owner and WE DO GOOD expressly authorize the promotion and/or advertising of the Project, including the dissemination of commercial or promotional messages related to third-party products or services alongside the content.

The Project Owner also expressly accepts that the content and information provided may be used on the Website with the presence of WE DO GOOD’s partner trademarks or logos.

 

5.8 – Scope and duration of specific conditions applicable to Project Owners

 

These specific conditions apply to all Project Owners from the creation of a project on WEDOGOOD.co or from the signing of a quote, order form, or service agreement involving the use of the services available on WEDOGOOD.co and until the closure of the obligations of the Future Revenue Assignment Agreements concerning them.

 

5.9 – Unilateral withdrawal by the Project Owner before the end of the Financing Operation

 

The Project Owner may unilaterally withdraw from the Financing Operation on the Website by registered letter with acknowledgment of receipt with a 7-business-day notice period.

If the Financing Operation is in the Subscription Phase, indicated as “funding in progress” on the Project page of the Website, and has not yet reached the minimum target as stated during the first publication of the Project page, the Project Owner will be charged a cancellation fee of €300 plus an amount representing 2% of the funds collected the day before the registered letter is sent.

If the Financing Operation is in the Subscription Phase, indicated as “funding in progress” on the Project page of the Website, and has reached or exceeded the minimum target as stated during the first publication of the Project page, WE DO GOOD’s compensation will be in accordance with article 5.3 of these conditions.

 

5.10 – Payment of Rewards via WE DO GOOD and its partners, and invoices to WE DO GOOD

 

The Project Owner agrees to make timely payments. Failure to honor this obligation will result in penalties to their creditor, whether the Subscriber or WE DO GOOD, equal to three times the current legal interest rate.

They also agree, if applicable, to reimburse all amounts directly spent by the Subscriber, their agents, or WE DO GOOD to recover amounts due under these terms. These expenses include, notably, bailiff fees, postal costs, and fees or commissions for recovery agencies, which must be justified and market-standard compliant.

Article 6 - Conditions applicable to message delivery services

  Responsibility of Members and Project Owners regarding published content   Members or Project Owners are prohibited from posting any content likely to mislead other Members of the Site or constituting a false statement. They alone assume responsibility towards other Members for any damages suffered by them due to the inaccurate or misleading nature of such content.   Members or Project Owners must ensure that they hold the necessary rights, including intellectual property rights, to publish the content they share.   WE DO GOOD disclaims all liability resulting from any potential infringement of third-party rights.   Members or Project Owners are solely responsible for the content they post on Forums and comment sections and undertake to ensure that the information published does not violate any applicable legal or regulatory provisions. In particular, Members or Project Owners are prohibited from posting any content that is manifestly or potentially illegal, regardless of the medium (audio, text, images, videos, etc.).   WE DO GOOD does not perform prior moderation on messages and content uploaded by Members or Project Owners, or to which the Site may link. It acts as a host within the meaning of Article 6 I 2° of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, and in this capacity, carries out a mere storage activity.   Any Member or Project Owner must report to WE DO GOOD any illegal or manifestly illegal content by email at admin@wedogood.co, or through the platform’s designated means (e.g., “report this content” button).   WE DO GOOD reserves the right to immediately remove, without prior notice and without compensation, any illegal or manifestly illegal content it becomes aware of, as well as the Personal Account of any Member who posted such content.   Furthermore, in accordance with Article 6 I 7° of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, the Company reserves the right to provide judicial authorities with any information allowing the identification of any Member or Project Owner who posted manifestly illegal content brought to its attention.

Article 7 - Policy on the collection, processing, and protection of personal data

  7 – Personal Data Protection   Members are aware and acknowledge that they may be required to provide personal information when registering on the Site. This article describes the personal data protection policy (hereinafter the “Policy”) and the commitments implemented by WE DO GOOD, as data controller, to ensure the protection of Members’ personal data. In the context of its processing of personal data, WE DO GOOD has declared its site to the CNIL. The Site is registered under number 1705979.   7.1 – Data collected and processing purposes   WE DO GOOD collects several types of data through its various online services:
  • identification data (first name, last name, date and place of birth, …);
  • contact information (phone number, postal and email addresses, …);
  • transaction data (Subscriptions, transfers, card payments related to contributions and withdrawals from the WE DO GOOD Account or Payment Service Provider, e.g., bank account details, …);
  • for professionals and corporate officers of financed companies, tax data (country of tax residence, tax identification number, …);
  • data on the Member’s online behavior and preferences when browsing the Site or third-party sites, or connection data;
  • data from exchanges with WE DO GOOD (chat, emails, …);
  • one or more photographs;
  • one or more voice or video recordings;
  • interests;
  • data obtained with the Member’s consent and/or collected as permitted or required by applicable law.
All these data are generally obtained directly from the Member, whether by phone, chat, or online. WE DO GOOD may, however, process data obtained from third-party organizations, notably to comply with its regulatory obligations or with the Member’s consent when using certain services. The communication and processing of data requested by WE DO GOOD is essential for the provision of WE DO GOOD’s products and services and/or to comply with legal and regulatory requirements. Outside of these cases, WE DO GOOD does not collect any data without the Member’s prior consent. Finally, WE DO GOOD automatically collects certain information about the browser type and the connection device (computer, mobile device) used by Members for system administration, fraud prevention, maintaining service quality, and providing general usage statistics. Members or Project Owners acknowledge and accept the possibility of placing cookies on their device to store navigation information on the Site. Cookies do not contain personal information and are sent via the server to the Member’s or Project Owner’s hard drive. Cookies help identify Members or Project Owners more quickly upon login. Members or Project Owners are informed of their option to refuse cookies by configuring their browser accordingly. However, this may affect the proper functioning of the Site.   7.2 – Purposes of data processing   Data processing performed by WE DO GOOD serves purposes based on legal or regulatory obligations, contract execution, consent for services allowing external document synchronization, or legitimate interests for commercial prospecting. Accordingly, WE DO GOOD processes data for the following reasons:
  • customer relationship management;
  • provision of subscribed products and services;
  • services using data synchronization;
  • management, study, and publication of financing offers in the form of future revenue cessions or royalties;
  • compliance with legal and regulatory obligations;
  • fraud prevention;
  • network and transaction security;
  • establishing proof of transactions and agreements;
  • debt collection and assignment, payment incident management;
  • personalized offers and commercial proposals;
  • for professionals and corporate officers of financed companies, communication and relaying information about the identity of personnel involved in the fundraising project.
  7.3 – Data recipients   WE DO GOOD may be required to provide certain Member data to public authorities upon request, or under its legal or regulatory obligations. WE DO GOOD may also share personal data with its technical service providers, partners, insurance brokers, or corporate group entities when necessary to achieve the aforementioned purposes. The relevant providers and partners include:
  • payment service provider, Lemonway;
  • tax authorities;
  • for professionals and corporate officers of financed companies, online payment providers;
  • for individuals investing in financed companies, the financed companies themselves;
For all providers mentioned herein, these communications will be notified by email.   7.4 – Data security   All precautions have been taken to store Member or Project Owner information in a secure environment. Only certain employees of WE DO GOOD, or any other company mandated by it or belonging to the same Group, have access to this information, strictly on a need-to-know basis. Personal information provided by Members or Project Owners during registration is not publicly available, transmitted, sold, or exchanged, except as described below and subject to prior information and consent, or absence of opposition. WE DO GOOD uses SSL technology to ensure the confidentiality of data transmitted over networks.   7.5 – Retention period and data storage   To ensure proper handling of financial transactions, Members’ personal data must be retained and regularly updated throughout the duration of any future revenue cession contract. To comply with legal and/or regulatory obligations and/or requests from authorized authorities, Members’ personal data will be retained beyond the date of their last royalty payment for a period of 5 years. Finally, some data may be anonymized and retained for statistical purposes.   7.6 – Members’ rights   In accordance with the General Data Protection Regulation (GDPR), Members have the right of access, rectification, erasure, restriction of processing, data portability, and to determine the fate of their data after death. These rights may be exercised under the conditions and limits provided by applicable law. Members may exercise their rights using tools available on the Site, particularly within their personal space, and may contact WE DO GOOD’s Data Protection Officer via email at dpo@wedogood.co. Members have the right to lodge a complaint with the French Data Protection Authority (CNIL). In the event of a Member’s death, verified by a death certificate, WE DO GOOD will contact the person indicated in the relevant field in the deceased Member’s personal account, provided the Member previously provided the contact’s first name, last name, email, and phone number. If WE DO GOOD reaches the contact within 3 months, they will be granted access to the deceased Member’s account. Otherwise, WE DO GOOD may delete the account.   7.7 – Data confidentiality   WE DO GOOD is a revenue-sharing financing platform with the status of Financing Intermediary and is bound by professional secrecy. WE DO GOOD undertakes to implement all measures to ensure the security and confidentiality of information entrusted to it.   7.8 – Consent to data collection   Whenever personal information is collected, WE DO GOOD endeavors to include a link to this Policy. WE DO GOOD may amend this Policy. The current version is available on the Site, and Members will be informed of any changes via the Site or other means.

Article 8 - Responsibilities

 

8 – Access to the Site, Responsibilities, and Terms of Use
 
8.1 – Access to the Site
 
To use the Services, Members or Project Owners must have the necessary equipment, software, and settings for the proper functioning of the Site. They must possess the skills, hardware, and software required for Internet use and acknowledge that they fully understand the characteristics and constraints of the Internet.

Members or Project Owners recognize that the characteristics and limitations of the Internet do not guarantee the security, availability, or integrity of data transmissions during their circulation. They therefore transmit information at their own risk.

WE DO GOOD cannot be held responsible for incidents resulting from such transmission. Members or Project Owners use the Site at their own risk and under their sole responsibility.

Given the specificities of the Internet, WE DO GOOD provides no guarantee of continuous Service, being only bound by a duty of means. WE DO GOOD’s liability cannot be invoked for damages related to temporary inability to access a Service on the Site.

Any delay, suspension, or cancellation in the publication of a Project, due to technical failures inherent to the Internet, outside of WE DO GOOD’s control, cannot justify refusal of payment by the Project Owner nor give rise to compensation.

WE DO GOOD cannot be held responsible for non-functioning, access issues, or poor usage conditions of the Site caused by inappropriate equipment, malfunctions of the Member’s internet provider, or misuse of the Site or Services.

WE DO GOOD disclaims all liability for any damage or loss related to the use or inability to use the Site or its content, except as required by law.
 
8.2 – Modifications of the Site
 
The Site may be subject to modifications. All information on the Site may be changed at any time, given its interactivity, without WE DO GOOD being liable.

WE DO GOOD has a duty of means for providing the Services and disclaims all responsibility for any unavailability, suspension, or interruption of the Site or Services, including during maintenance, upgrades, emergency repairs, or circumstances beyond its control.

WE DO GOOD endeavors to take adequate measures to limit these disruptions as far as they are attributable to it. It cannot be held liable for indirect or unforeseeable damages under Articles 1231-3 and 1231-4 of the French Civil Code. Liability may only be sought in cases of fraud or mismanagement under Article 1992 of the Civil Code.

8.3 – Information provided by Members

Information provided by a Member or Project Owner must be truthful, accurate, and reflect reality. Members or Project Owners are solely responsible for the consequences of disclosing such information on their own life and that of other Members or Project Owners.

Members or Project Owners assume full responsibility for the information, data, texts, content, photos, and videos they disclose on the Site, and waive any recourse against WE DO GOOD, including claims related to image rights, honor, reputation, or privacy.

WE DO GOOD does not guarantee that the information provided is detailed, complete, verified, or accurate. All content is provided “as is,” without any express or implied warranty.

WE DO GOOD cannot be held liable for content provided by Members, Project Owners, or Site Visitors, nor for content potentially infringing third-party rights. Members and Project Owners acknowledge that WE DO GOOD is not responsible for Projects, their presentation, execution, delays, cancellations, or provision of Rewards.

WE DO GOOD provides no advisory services. Project Owners remain solely responsible for the terms and conditions of executing their Projects and for relations with Subscribers. Members should address questions or complaints directly to Project Owners.

Project Owners guarantee and indemnify WE DO GOOD against any damage or liability arising from the publication and execution of the Project on the Site.

The Site contains links to third-party sites. WE DO GOOD is not responsible for their content, products, services, or commercial practices. Members and Project Owners must verify all information before engaging in any transaction.
 
8.4 – Absence of Conflicts of Interest
 
WE DO GOOD ensures that no potential conflict of interest exists regarding Projects under funding involving any director, employee, or relative. Directors or employees may participate in Projects on their own behalf under the same conditions as any Member.
 
8.5 – Force Majeure
 
WE DO GOOD cannot be held liable if the execution of any of its obligations is prevented or delayed due to a case of force majeure as defined by French case law.

Article 9 - Intellectual Property

 

9.1 – Content Published by WE DO GOOD

 

Trademarks and derivative logos are the intellectual property of WE DO GOOD.

More generally, all intellectual property rights, both moral and patrimonial, relating to the content and information elements of the Site belong exclusively to WE DO GOOD, subject to any patrimonial rights that may belong to a third party for which WE DO GOOD has obtained the necessary assignments or authorizations.

The rights granted to Members for using the Site and Services provided by WE DO GOOD do not include any transfer or authorization to exploit or use any elements of the Site.

All intellectual property elements, including trademarks, designs, texts, hyperlinks, logos, images, videos, audio elements, software, layout, databases, codes, etc., contained on the Site and associated sites, are protected under national and international intellectual property law.

They remain the exclusive property of WE DO GOOD and/or its partners.

However, texts and images published on the Site by WE DO GOOD are under the Creative Commons 3.0 License (Attribution – Share Alike): http://creativecommons.org/licenses/by-sa/3.0/fr/

The aforementioned content does not include texts and images published on the Site by Project Owners.

WE DO GOOD is the producer of the database created by the Site under Articles L.341-1 and following of the French Intellectual Property Code. Any extraction or use of the database content not expressly authorized may result in civil and/or criminal liability for the author.

WE DO GOOD reserves the right to take all legal action against individuals who fail to comply with this prohibition.

 

9.2 – Content Published by Members or Project Owners

 

Members or Project Owners grant WE DO GOOD a license to use the intellectual property rights attached to content provided by the concerned Member or Project Owner for the purpose of dissemination on the Site.

This license notably includes the right for WE DO GOOD to reproduce, display, adapt, translate, digitize, use, or sublicense the content related to the Member or Project Owner (information, images, videos, descriptions, search criteria, etc.) on all electronic communication media in the context of providing its Services.

Members or Project Owners expressly authorize WE DO GOOD to modify said content to comply with the Site’s graphic charter or other communication media mentioned above and/or to make it compatible with its technical performance or the formats of the concerned media.

These rights are granted worldwide and for the entire duration of these Terms and Conditions between the Member or Project Owner and WE DO GOOD.

Members or Project Owners are also prohibited from copying, reproducing, or otherwise using content related to other Members or Project Owners except strictly for personal and private use of the Services.

Article 10 - Suspension and interruption of services

 

10 – Moderation, Content Removal, and Suspension

Without creating any obligation to verify content, accuracy, or coherence, WE DO GOOD has the right to refuse the submission of a Project.

WE DO GOOD is free to delete or modify, either before or after publication, any content on the Site that is not related to the normally expected content, the editorial line of the Site, or that is in violation of applicable laws and regulations.

To this end, WE DO GOOD has the right to perform electronic monitoring to detect disputed content and to take sanctions against its author, including exclusion.

WE DO GOOD reserves the right to suspend or limit access to Services subscribed to by the Member or Project Owner after notifying the concerned party by any means in the event of non-performance by the Member or Project Owner of any of their obligations under these Terms and Conditions.

Thus, without prejudice to the provisions of Article 12 of these Terms, in the event of a breach by a Member or Project Owner of any of their obligations, WE DO GOOD reserves the right to block any Project or content of the concerned Member, to delete disputed messages or content regardless of their nature, to prevent the publication of all or part of the Project, and/or to block access to all or part of the Services, temporarily or permanently, without compensation or reimbursement and without prejudice to any remedies that may be exercised against the Member or Project Owner.

In the event of suspension, for any reason, WE DO GOOD reserves the right not to refund, as a penalty clause, all or part of the credited amounts that it deems necessary to cover any potential damages, regardless of their nature.

Article 11 - Term and termination

  11 – Duration, Termination, and Inactive Accounts   11.1 – Duration of the relationship with WE DO GOOD   The General Terms and Conditions apply for the entire duration of the use of the Site and until the closure of the Personal Account for any reason whatsoever.   11.2 – Termination of Personal Account   The Member or Project Owner may request the termination of their Personal Account at any time, by email to admin@wedogood.co, or by mail addressed to WE DO GOOD, Termination Service, at the address of the WE DO GOOD headquarters indicated in the legal notices at the beginning of this document, or by using the means provided on the site (account deletion function).   11.3 – Termination of the General Terms and Conditions  The General Terms and Conditions may be terminated by WE DO GOOD subject to a one (1) month notice period.   11.4 – Termination for Non-Compliance   In the event of non-performance or non-compliance by the Member or Project Owner with any of the obligations and stipulations provided herein, WE DO GOOD may modify, suspend, limit, or delete access to the Site within fifteen (15) days following a formal notice sent to the Member or Project Owner that remains ineffective, without the right to claim any compensation, without prejudice to any damages that WE DO GOOD may be entitled to claim to repair the prejudice suffered. In the event of a serious breach of any provision of the General Terms and Conditions, WE DO GOOD shall be entitled to terminate the Member’s or Project Owner’s Personal Account without notice or formal notice, without any compensation, and without prejudice to any damages that WE DO GOOD may be entitled to claim to repair the prejudice suffered.   11.5 – Inactive Account   If a Personal Account created for at least twelve months is not linked to a Project justifying the payment or receipt of Royalties, either because no Subscriptions have been made, because such Subscriptions have ceased to take effect, or because the holder of the Personal Account has not submitted a Project to be Funded that actually received Subscriptions, this Personal Account will be subject to management fees by WE DO GOOD of ten euros per quarter. If the balance of the Personal Account’s Electronic Wallet is zero, WE DO GOOD may terminate it after one month’s notice, notified by email. If, in accordance with its own Terms of Use, the Payment Service Provider terminates the user’s account with its services, WE DO GOOD shall automatically have the right to terminate the Personal Account, after one month’s notice, notified by email.

Article 12 - Applicable law and disputes

  12.1 – Correspondence and Evidence   Correspondence exchanged between WE DO GOOD and Members or Project Owners is primarily conducted via email. Accordingly, in accordance with Articles 1316 et seq. of the French Civil Code, the Member or Project Owner acknowledges and accepts that information provided by WE DO GOOD via email and on the Site shall be considered valid between the parties and shall carry the same probative value as a handwritten document.   12.2 – Notifications   Unless expressly stated otherwise, notifications between the parties under these terms are made by email. Notifications are deemed to have been received 24 hours after the email is sent, unless the sender is notified that the email address is invalid.   12.3 – Applicable Law   By express agreement between the parties, the General Terms and Conditions and related operations are governed by French law. They are drafted in the French language. In the event of translation into one or more languages, only the French text shall prevail in the event of a dispute.   12.4 – Complaints and Dispute Resolution   In case of difficulty or dispute between the parties regarding the interpretation, execution, or termination of the General Terms and Conditions, the parties shall endeavor to resolve it amicably and agree to seek an amicable solution in the spirit of the General Terms and Conditions. Any Site Member may submit a complaint regarding the use of the site via the “Complaints and Dispute Resolution” page available at: www.wedogood.co/reclamations In case of a dispute, the Member may submit a written complaint to the WE DO GOOD Customer Service, by email: bonjour@wedogood.co or by mail to the address of WE DO GOOD headquarters indicated in the legal notices at the beginning of this document. If the Member is not satisfied with the response provided by WE DO GOOD Customer Service or in case of no response within 2 months, they may contact the consumer mediator chosen by the France Fintech association, of which WE DO GOOD is a member, as designated on the following page: www.wedogood.co/reclamations The solution proposed by the Mediator is not binding on the parties, who remain free to exit the mediation process at any time. Failing an amicable solution, the most diligent party shall refer the matter to the competent courts. Consumer mediation applies only to individual Subscribers and is limited to relations between Subscribers and WE DO GOOD, excluding relations between Subscribers and Project Owners or between Subscribers and the Payment Service Provider.   12.5 – Severability   If one or more provisions contained in the General Terms and Conditions are declared null and void, the validity of the other provisions shall in no way be affected. The provisions declared null and void shall, in accordance with the spirit and purpose of these Terms, be replaced by other valid provisions which, considering their scope, approximate as closely as possible the provisions declared null and void.   12.6 – Waiver   The fact that WE DO GOOD does not invoke a provision of the General Terms and Conditions at a given moment shall not be interpreted as a waiver by WE DO GOOD to invoke it at a later date.   12.7 – Assignment/Substitution   WE DO GOOD reserves the right to assign all or part of its rights, obligations, and data under the General Terms and Conditions to any third party of its choice, or to substitute any third party for the execution of these Terms, gratuitously or for consideration, provided that the assignee undertakes to assume the Terms in its relationship with Members, which the Member or Project Owner accepts without reservation.   12.8 – Continuation of contractual relationships   In the event that WE DO GOOD ceases its operations or that the Site is no longer operational, contractual relationships established between the Project Owner and the Subscriber through the platform shall not be affected, and it shall be the responsibility of the Project Owner to take the necessary measures to fulfill these obligations. It is specified that WE DO GOOD has concluded a contract with its payment service provider regarding the winding-up management of its activities, in the event that it is no longer able to continue them.   12.9 – Late payment interest and penalties   In cases where a Project Owner uses a WE DO GOOD service, whether a service available on the Site or an ancillary service to a Financing Operation, in case of payment delay exceeding one month, WE DO GOOD may require late payment penalties at a rate of three times the statutory interest rate, in accordance with Article L441-6 of the French Commercial Code.

Terms and conditions of use for the Lemon Way service and use of electronic money.

As specified in Article 4.3, acceptance of these General Conditions constitutes acceptance of the Terms of Use of “LEMON WAY,” available at the following URL: https://www.lemonway.com/conditions-generales-dutilisation/

In the general terms and conditions of “LEMON WAY,” the term “Client” corresponds to the term “Member” in the general conditions of WEDOGOOD.co.