Terms of use

The WeBond Mobile Application and Website (hereinafter referred to “App. & Website”) are managed and hosted by OVH, a company registered in Lille, France with Trade License no. 424 761 419 00045 having is official address at 2 rue Kellermann, Po Box 59100 in Roubaix in France.

Registration on the Mobile App or the Website requires each User to adhere to these Terms of Use, which constitute a legally binding agreement regarding access and use of the WeBond Mobile App. & Website.

1. Definitions

Account: personal space of the User on the App. & Website which is accessed by entering their username and password.

Application: WeBond mobile App, available on iOS and Android , allowing Brands and Influencers to connect.

Brand: any legal entity acting during its professional activity, registered on the Platform, and wishing to be connected with Influencers as part of the Deal.

Campaign Manager: refers to the WeBond Platform interface, on which the User can monitor the status of the Deal (in progress, awaiting confirmation, done deal).

Commission: refers to the remuneration paid to WeBond for any connection made between an Influencer and a Brand after completion of the Deal, and subject to payment by the Brand to the Influencer as a Compensation.

Compensation: refers to the remuneration paid to the Influencer by the Brand in exchange for the completion of the Deal by the Influencer. Compensation can refer to either non-monetary benefits (product/service), a monetary payment, or the payment of a commission through an affiliate system.

Deal: refers to the promotional deal that the Brand or Influencer proposes on the Platform in exchange for Compensation, and for which the Brand and Influencer wish to be connected.

Influencer: individual who engages in promotional activities on social media acting on a professional capacity (duly licensed by National Media Council NMC”), registered on the App. and willing to be connected with Brands as part of the Deal.

Membership: refers to the payment of a fixed price for a specified duration, allowing Brands to open an Account and access the Services offered on the App. & Website. The Brand can choose from several Membership options.

Platform: refers to the WeBond App & Website.

Service(s): intermediary service made available to Influencers and Brands via the App. & Website by WeBond. The intermediary service is free for Influencers and paid for by Brands.

Stripe: a third-party payment service provider used on the WeBond platform. Stripe is not affiliated to WeBond. Stripe is independent and its usage is according to their terms of use in effect on the date of payment and available on the payment page.

Terms of Use: these general terms of use applicable to the WeBond App. & Website.

User(s): individually refers to the Influencer or the Brand, collectively refers to the Influencers and the Brands.

WeBond: a Dubai based company registered with the Dubai Integrated Economic Zones Authority with Trade License no. 36310 with its registered office located at Dubai Silicon Oasis, DDP, Building A1, Dubai, United Arab Emirates.

Website: refers to the WeBond website accessible at the address: www.webond.co, which only allows Brands to create an account and access the Services.

2. Purpose

These Terms of Use aim to define, the conditions of access and use of the WeBond Platform by the User.

3. User Declarations and Commitments

3.1. Prerequisites: User's professional status

The User (Influencer and Brand) declares and warrants that they are acting within the scope of their professional activity.

In compliance with the current legal requirements applicable to WeBond or the User, the User agrees to provide all required information and documents to WeBond, or any other authorized third party, upon first request.

The User undertakes to:

• have a License duly issued by the National Media Council - or equivalent for foreign countries;

• have the legal capacity to create an Account on the App. or Website and to comply with these Terms of Use;

• have subscribed to all required insurances with a reputable and solvent company for the entire duration of its registration on the Platform and provision of Services;

• comply with the applicable laws and regulations in force in the UAE and where they operate, in particular influencers must ensure that their content does not violate any laws or regulations in the UAE, including those related to defamation, defamation of religion, and incitement to violence;

• provide accurate and truthful information;

• ensure the accuracy of the information provided regarding their age, areas of activity, and geographical areas;

• keep the aforementioned information up to date through the account administration page;

Particularly, registering under a fake name or denomination, identity theft, and registering with fake contact details are strictly prohibited.

The User must be able to promptly justify compliance with the above-mentioned obligations, particularly regarding compliance with the legal requirements applicable to the exercise of their activity with WeBond or any authorized third party.

The User is informed that they must comply with the regulations applicable to their activity in accordance with the Cabinet Resolution No. (23) of 2017 Concerning Media Content and the 2018 National Media Council regulations, aimed at regulating commercial influence and combating abuses by influencers on social networks.

The User undertakes to provide WeBond or any authorized third party with any information or supporting documents that WeBond may require to comply with its own legal obligations, particularly licensing and tax obligations, upon request. This request for supporting documents may occur as soon as the User applies to create an Account. In the absence of justification or non-compliance with the above-mentioned undertakings, WeBond is free to accept or refuse to create the User's Account.

The User guarantees WeBond against any claims that another User and/or a third party may raise in the event of non-compliance with the obligations arising from this article.

3.2. Compliance with regulations

In accordance with the National Media Council guidelines, social media influencers must be informed that the promotion of certain content is illegal, including aesthetic surgery which do require prior medical advice; regulated drugs or medicines; endangered and protected animals; financial services which are unlicensed.

No Deals promoting the above-mentioned products and services can be carried out through the WeBond Platform.

In addition, the National Media Council guidelines recommend that social media influencers must comply with the below principles:

- Disclose any sponsored content:

Influencers must clearly disclose if their content is sponsored or paid for by a brand or company. This must be done using hashtags, such as #ad, #sponsored, or #gifted to ensure transparency for their followers.

- Abide by UAE laws and regulations:

Influencers must ensure that their content does not violate any laws or regulations in the UAE, including those related to defamation, defamation of religion, and incitement to violence.

- Respect the privacy of others:

Influencers must not share any personal information or images of individuals without their consent.

- Avoid promoting harmful products or services:

Influencers must not promote products or services that are harmful to individuals, such as tobacco, alcohol, or illegal drugs.

- Ensure the accuracy of their content:

Influencers must ensure that their content is accurate and not misleading to their followers.

- Data Protection:

Influencers must protect personal data of their followers and adhere to UAE data protection laws.

- Intellectual Property:

Influencers must respect intellectual property laws and ensure that they do not use copyrighted material without permission nor promote counterfeited products or imitations.

- Anti-Discrimination:

Influencers must not discriminate against or harass individuals based on their race, gender, religion, or other protected characteristics.

- National Security:

Influencers must not engage in activities that could be considered a threat to national security.

Violation of these guidelines can result in fines and/or legal action being taken against the social media influencer. WeBond urges social media influencers in the UAE to get familiar with these guidelines and adhere to them to avoid any legal issues.

3.3. Rules regarding the use of the Platform

In the context of using the Platform, particularly when interacting with other Users, the User agrees to:

• use the Platform in accordance with public order and good morals, in a non-abusive or illegal manner;

• not use means that would damage the Platform, compromise its access, limit its peaceful use by another User or a third party;

• not harm the image of the Platform, WeBond, any User, and/or any brand associated with the Platform in any way;

• not use the Platform to threaten, harass, stalk, abuse, and in general, infringe upon the rights of WeBond, another User, or a third party;

• not use and/or exploit the electronic and/or postal contact details of other Users of the Platform for the mass sending of solicitation emails and engage in "spamming" practices.

• do not capture or attempt to capture personal data belonging to third parties;

• do not monetize, sell or grant access to any or all of the Service or the Platform, as well as the information hosted and/or shared on it;

• do not publish or share any information or content that could be considered as defamation, insult, offense, disparagement, discrimination and/or illegal in any way;

• do not provide access through hyperlinks to websites whose content is contrary to UAE regulations or to WeBond's competitors (websites that aim to connect influencers) or that would harm WeBond's brand image or reputation;

• do not disable, alter, dismantle, decompile, or perform reverse engineering operations on the Platform and/or related to the Platform.

4. Access to Services - User Account Creation

Access to the Platform's Services is free for the Influencer and paid for the Brand.

The Brand must subscribe to a “Plan” to create an Account and access the Platform's Services.

4.1. Access to Services by the Brand

• Memberships: price, duration, termination

To access the Platform's Services, the Brand must subscribe to a Plan.

During the entire duration of the Plan, the Brand can access the App. and the Website by logging into its Account using their username and password, and access the features reserved for it according to the type of Plan it has subscribed.

The remuneration of the Influencer and the WeBond Commission are not included in the Membership price.

The Membership is subscribed by the Brand for the duration indicated on the chosen plan. The Membership does not automatically renew at the scheduled expiration.

WeBond reserve its right to raise or lower the cost of its membership subscription fees, in-app purchases and other charges, and to create additional tiers or types of membership, at any time. Unused in-app purchases and any unused portion of a subscription will not be refunded upon the expiration or termination of a user’s membership.

If the Brand wishes to terminate the Membership before the scheduled term, no refund will be due.

4.2. Account Creation by the User

Any request for the creation of an Account by the User on the Platform implies the full and unconditional acceptance by the User of these Terms of Use.

WeBond reserves its right to modify the Terms of Use.

WeBond will then notify the User of the modifications and communicate the modified Terms of Use.

Any modification will take effect within fifteen (15) days from the notification sent to the User. It will be the User's responsibility to become aware of the modified Terms of Use.

The User may refuse these modifications by deleting their Account before the expiration of said notice period. In the absence of deletion of the Account, the User will be deemed to have accepted the modified Terms of Use.

No tolerance on the Platform of the provisions of the Terms of Use can be interpreted as a waiver by WeBond to subsequently invoke them.

If any of the provisions of the Terms of Use were or became null and void under the application of a law, a regulation or final decision of a competent court, the said provision would be deemed unwritten without affecting the validity of the remaining provisions of these Terms of Use.

4.2.1. Influencer Account

In order to create an Account on the App. the Influencer must fill-out the registration form with the required information.

Once the registration form is completed, the submitted documents must be approved by WeBond for the Influencer to create an Account on the App.

WeBond verifies the authenticity of each registration request from the Influencer on the Application. To this end, WeBond will deliver to the Influencer a unique authentication code, via the App., so that the Influencer enters the unique authentication code to WeBond Instagram account. WeBond then verifies the authenticity of the Influencer's Instagram account, without the Influencer having to provide their login credentials and password.

WeBond reserves its right to accept or refuse any application. WeBond hold complete control and authority regarding who is granted membership and access to the App. is at Webond’s sole discretion.

The Influencer acknowledges that, in the absence of approval by WeBond of the submitted documents, the Influencer will not be able to create an Account, use the App. and benefit from any Services offered by WeBond.

4.2.2. Brand Account

In order to create an Account on the Platform, the Brand must provide the required information.

The Brand's personal account also allows the brand to update and complete its personal profile by providing the following information, which will be visible to Influencers (company name, photos, sector of activity, website, social networks, interests, objectives, past collaborations, location).

4.3. Account Credentials

The Credentials allow a secure use of the Account by the User.

The User takes all necessary measures to keep the confidentiality of their Credentials and prevent any fraudulent use by a third party.

The User is solely responsible for the consequences of disclosing their Credentials to anyone or for the use of their Account or the Services by a third party.

The User is required to immediately notify WeBond of any breach of the confidentiality of their Credentials or any violation or/ unauthorized use by a third party that they become aware of.

4.4. Suspension - Termination

In the event of a violation of these Terms of Use and/or the applicable laws or regulations, WeBond reserves its right to suspend or terminate the User's Account without compensation, particularly in the event of:

• non-compliance with these Terms of Use;

• serious breach of its obligations;

• repeated cancellation of Deals;

• repeated complaints from Influencers or Brands;

• contacting the Influencer or Brand, outside of the WeBond App. or Website or the dedicated chat, to propose its services.

The duration of the suspension of the User's Account is determined by WeBond, and should not exceed three (3) months.

Any payment made by the User through their Account (Membership and Profile Boosts) will not be refundable during the suspension period.

In the event of termination of the User's Account, it will be notified to the User seven (7) days prior to the effective termination date. If the User has made a payment (Membership or Profile Boost), this amount will be kept by WeBond and will not be refunded to the User.

Any request for early termination by the User will not entitle them to a refund of payments made through the Platform (Membership or Profile Boost).

5. Payment and Invoicing

Prices are in UAE dirhams (AED) and excluding taxes.

Payment is made by direct debit or bank transfer, or any other payment method agreed upon by the parties.

6. Dispute

In case of conflict encountered by the Influencer and the Brand in the execution of a Deal, the Influencer or the Brand can initiate a dispute on the WeBond Platform through the "Dispute" option.

WeBond may act as a mediator in case of conflict between the parties, and the parties may resort to legal action if they do not accept the outcome of the mediation.

7. Intellectual Property

7.1. Ownership of the Platform

The Platform as a whole, as well as its individual components, including specific programs and developments, are the property of WeBond. All texts, static or animated images, logos, trade names, trademarks and distinctive signs, sounds, graphics, files, and data integrated into the Platform by WeBond are strictly protected under intellectual property laws (hereinafter referred to as the "Elements").

Therefore, any use, reproduction, or representation, in whole or in part, of the Platform or any part of these Elements is strictly prohibited, unless explicitly authorized by the rights holders.

Any unauthorized use or exploitation of the Elements may constitute an infringement of the intellectual property rights of the relevant rights holder and may result in significant legal consequences for individuals and businesses found liable.

A personal, non-exclusive, non-transferable, and non-assignable license to use the Platform is granted to the User only during the duration of the Membership to WeBond and under the conditions provided by these Terms of Use.

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these Elements without the prior written consent of their owner, is strictly prohibited. The fact that WeBond does not initiate proceedings upon becoming aware of such unauthorized uses does not constitute acceptance of said use and/or abandonment of its rights to prosecute such unlawful behavior.

The Terms of Use and any use of the Platform do not result in any transfer of any kind of intellectual property rights over all or part of the Platform.

7.2. Ownership of content uploaded by the User

If the User uses content protected by copyright or any other intellectual property right, the User declares that they hold the necessary rights or authorizations and guarantees WeBond against any claims by third-parties holder of these rights.

7.3. Database

Users acknowledge that the Platform and the Services consist of one or more databases made available by WeBond as the producer of said databases within the framework of the UAE Intellectual Property Laws.

Therefore, any extraction and/or reuse of the databases is prohibited and penalized by the UAE Intellectual Property and Cybercrime Laws.

7.4. Hypertext links

The Platform may contain links to other websites or Internet resources. WeBond shall not be held responsible for the availability or unavailability of the content of said websites or external resources. If the User interacts with third parties made available through the Platform, WeBond shall in no event be held responsible for the status or conduct of said third parties.

8. Liability

8.1. User's liability

The User undertakes to use the App., the Website, the Account, and the information to which they have access in accordance with the terms defined in these Terms of Use.

The User undertakes to assume responsibility for any damages attributable to them in connection with the use of the App., the Website, the Services, and/or the Deals, arising from non-compliance with the Terms of Use, and/or any fault or negligence.

The User is responsible for all content or data transmitted, communicated, and/or downloaded on the App. and the Website, and for their compliance with applicable regulations, good morals, and respect for the intellectual property rights of third parties.

If WeBond's liability is incurred due to an action or omission for which the User is responsible, the User shall indemnify and hold WeBond harmless from all resulting financial consequences, in addition to any damages that may be claimed by WeBond.

8.2. WeBond's liability

8.2.1. General provisions

WeBond is only bound by an obligation of means regarding the continuity and availability of the App., the Website, and the Services, and does not guarantee that it will operate without interruption or error. The unavailability of the App. and the Website does not entitle any Users to any compensation, and WeBond reserves the right to suspend access to the App. and the Website under the conditions provided in Article 4.

WeBond does not guarantee the fitness of the Services to User's expectations. WeBond shall not be held responsible for the violation of the Terms of Use by Users.

The information published on the App. and the Website regarding Users is published by Users under their responsibility. This information is published for informational purposes only. This information may contain errors, omissions, and/or become outdated. This information should in no way be construed as advice or assistance in decision-making, particularly regarding the commercial development of the User's activity. Consequently, the User acknowledges that it interprets and/or uses these contents and data at their sole risk. WeBond shall not be held responsible for direct or indirect damages arising from their use or interpretation.

The responsibility of WeBond towards the User can only be engaged for facts that are directly attributable to WeBond.

WeBond's responsibility cannot be engaged for:

• the unavailability, suspension or deletion of the Account and access to the App. & Website under the conditions provided for in the Terms of Use;

• the User's failure to comply with its obligations under Article 3 and/or non-compliance with legal and regulatory obligations;

• indirect damages, including loss of opportunity, suffered by the User;

• any diversion or illicit use of the Account by a third party;

• non-performance or improper performance of the Terms of Use not directly or indirectly attributable to WeBond;

8.2.2. Illicit Content

WeBond is a hosting platform, as a result it may not necessarily be aware of the content posted online by Influencers and Brands on the Platform, on which it does not carry out any moderation, selection, verification, or control of any kind.

Consequently, WeBond cannot be held responsible for such content, any possible claim should be directed in the first instance to the author of the content in question.

Content harmful to a third party may be notified to WeBond, which reserves its right to take the measures required under the applicable regulations.

The User may notify WeBond of any illicit content directly on the chat of the App. & Website or at the following email address: contact@webond.co

8.2.3. Relations between Influencers and Brands

WeBond only acts as a broker in that it provides Brands and Influencers with a platform, as well as technical tools and means to facilitate their meeting with the aim to possibly conduct a contractual relationship between them, i.e., a partnership agreement, for the performance of a service, the Deal.

WeBond's responsibility is therefore limited to providing these means and tools for connecting.

WeBond does not guarantee any outcomes, turnover or customer volume for the Brand or the Influencer.

9. Personal Data

Each party undertakes to comply with the provisions the UAE Data Protection Law of 2021, to make all necessary declarations and obtain the necessary consents and authorizations for the collection and processing of personal data, and to respect and ensure compliance by its employees with the confidentiality and security of personal data that may be collected and processed by them in the course of the performance of these terms.

The User is invited to consult the Privacy Policy available on the WeBond App. & Website to be informed of how WeBond processes personal data.

10. Assistance

For any technical information or information regarding the operation of the App. and the Website, the User is invited to refer to the 'Contact' section and/or to address their complaint to WeBond at the contact details mentioned in Article 1 of the Terms of Use.

11. Applicable law and competent jurisdiction

These Terms of Use are governed by the laws and regulation applicable the Emirate of Dubai and in the United Arab Emirates.

In the event of any dispute arising between WeBond and a User regarding the existence, interpretation, or performance of these Terms of Use, prior to any legal action, the Parties undertake to attempt to resolve the dispute amicably.

In the event of failure to reach an amicable resolution, the dispute shall be settled by the competent court both in terms of jurisdiction and territory.

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