TERMS AND CONDITIONS OF USE

Welcome to FamilyWall. The following terms of use are intended to apply between you and Family & Co, a company whose registered office is located at 8 rue Bayen, 75017, Paris, France, registered with the Paris Trade and Companies Registry under number 533 545 307 (hereinafter referred to as "Family & Co") and constitute a contractual agreement governing your access to and use of websites, mobile applications and other FamilyWall services (hereinafter referred to as the "Service"). The Service contains information and resources provided by Family & Co and certain third-party content. Family & Co's Terms of Use govern your use of the Service only, do not apply to your use of any other products, software or services, and do not modify or affect any other present or future agreements with Family & Co. Family & Co grants you access to the Service subject to your acceptance of these FamilyWall Terms of Use, including your acceptance of the Privacy Policy and the Family &  Co Code of Conduct, each as may be amended from time to time (collectively, the "Terms"), and applicable to your use of the Service. "You" refers to any individual who accesses the Service or the services available on the Service (the "Services").

Family & Co's Privacy Policy contains information about Family & Co's practices regarding the collection and use of information about you and your use of the Service. You agree that Family & Co may, in accordance with its Privacy Policy, collect, use, disclose, transmit, process and store information about you and your account that is necessary for the operation and provision of the Service. You have the right to update, modify and delete your Personal Data in accordance with the Privacy Policy. Personal Data collected through the Service may be stored and processed in other countries in which Family & or its service providers are represented. By using the Service, you consent to the transfer, recording and storage of your data outside your country of residence. When processed in another country, information may be accessed by judicial authorities, law enforcement agencies and national security authorities. Please consult our Privacy Policy.

Please read these Terms carefully before accessing or using the Service. By checking the box indicating your acceptance of the Terms, by accessing or using the Service (if agreement to such access or use is permitted by law), you agree to be bound by these Terms. If you do not wish to be bound by these Terms, do not accept or access or use the Service. If you are under the age of majority - as defined by the laws of your place of residence - before deciding whether or not to access this Service, you should review the Privacy Policy with your parent or legal guardian to ensure that you, your parent or legal guardian understand it. It is strongly recommended that parents or guardians supervise their children's use of the Internet, cell phones and other devices. Family & reserves the right to modify these Terms at any time as described in this document.

1. Additional Terms. Additional terms may apply to your use of the Service, specific features of the Service, downloading of content through the Service. You agree to abide by all Additional Terms that are incorporated into these Terms. If you do not agree to the Additional Terms, do not use or purchase the particular features to which the Additional Terms apply (if the terms are limited to specific features) or discontinue use of the Service and terminate any related Service account. You may also be subject to additional third-party terms that apply when you purchase or use products or services or download software provided by a third party through the Service.
2. Password protection. Allocation of electronic deeds. To access this Service you must register with a username and password. If you register, you must provide Family & Co with current, complete and accurate information. You agree to maintain the confidentiality of your password and user name and are responsible for doing so. You agree that if you use your username and password on the Service, Family & Co will attribute such use to you and you are responsible for all uses of your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to notify Family & Co immediately of any unauthorized use of your account or any other breach of security at the email address previously defined in Section 19.
3. Use of the Service. The Service may not always be available. There may be interruptions or downtime. Family & Co reserves the right to modify, withdraw, restrict or block part or all of the Service (including any functionality of the Service) at any time.
4. Your conduct. The Service contains communication features (such as blogs, support forums, etc.) designed to allow you to communicate with Family & Co or other users of the Service. You agree to use the Service only to broadcast, send and receive messages and content that are appropriate and related to the purpose of the Service. You must not misuse the Service by knowingly introducing viruses, Trojan horses, worms, logic bombs or any other malicious or technically harmful material. You must not attempt to gain unauthorized access to the Service or any servers, computers, or databases connected to the Service. You may not access the Service by means of a denial-of-service attack or a distributed denial-of-service attack. You agree that in using the Service, you will not engage in or attempt to engage in any improper uses, as set forth above and also set forth in the Code of Conduct. By violating this section, you may be committing a criminal offense. Family & Co will report any violations to the appropriate authorities to enforce applicable laws and Family & Co will cooperate with such authorities by disclosing your name and any other relevant information Family & Co has about you. In the event of a violation, your right to use the Service will terminate immediately. If Family & Co suspects any violation of this Section, Family & Co may take legal action and cooperate with the appropriate authorities in prosecuting violators. You agree to cooperate with Family & Co in the investigation of suspected violations. Family & Co reserves the right to install, implement, manage and operate one or more software programs, monitoring systems or other solutions designed to identify or track activities considered by Family & Co to be illegal or in violation of these Terms, if such measures are permitted by applicable law.
5. Third-party content. The Service may contain links to third-party services ("Linked Sites"). The Linked Sites are not under the control of Family & Co and Family & Co is not responsible for any Linked Sites. Family & Co is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Family & Co or any association with its operators. Your access to any Linked Site is at your own risk. On the other hand, when using the Service, you may download to your device content provided by third parties or access Linked Sites provided by third parties, such as social media partners, mobile wireless operators, and third-party software application developers. If you obtain any third-party content via the Internet, directly or indirectly through the Service, including without limitation ringtones, music, applications, any content, equipment and information intended for use with your device and the Service ("Third-Party Content"), you understand that such Third-Party Content does not originate from Family & Co. It is your responsibility to review the privacy policy and terms of use that apply to Linked Sites and Third-Party Content. All claims regarding third party services, Linked Sites and Third Party Content must be made with the provider and not with Family & Co.
6. User Content. The Service may contain communication features (such as blogs, support forums, etc.) designed to enable you to communicate with Family & Co and other users, and content may also be posted on the Service or in a Service by users. User Content" means all information, graphics, text, images, software, sound files, video files, communications and other materials, including all metadata associated with any content, posted on the Service. You are solely responsible for all User Content uploaded, posted, emailed, transmitted or stored or otherwise made available by you or through your account. Family & Co does not control User Content posted or transmitted using the Service and does not guarantee the accuracy, integrity or quality of such User Content. Although Family & Co does not monitor User Content a priori, Family & Co reserves the right to determine a posteriori whether such content is appropriate and in compliance with the applicable Terms, and may review, filter, restrict, block, move, refuse, modify or delete User Content at any time at its sole discretion and without notice, subject to applicable legal provisions. Family & Co is not responsible for User Content.
7. License to use User Content. Family & Co is not the owner of User Content that you broadcast or make available using the Service or an associated Service. However, by sending, posting or transmitting User Content and/or personal data in areas of the Service that are accessible by other users, you grant Family & Co and its members who have access to such User Content a worldwide, royalty-free, non-exclusive license to use, transmit, distribute, reproduce, modify, adapt, translate subject to applicable privacy laws and the provisions of the Privacy Policy. By sending, posting or transmitting User Content to areas of the Service that are accessible by other users, you represent and warrant that you are the owner of such User Content or that you have all necessary authorization to disseminate such User Content (including all necessary privacy consents) and that the use and publication of User Content does not violate any law. You understand that in order to provide the Service and any associated Services and to make your User Content available, Family & Co may need to reproduce your User Content, store and retrieve User Content, and modify it to make it compatible with technical specifications and other applications related to the operation of the Service. Family & Co is not responsible, including to third parties, for the content or accuracy of materials posted by you or any other user of the Service. Family & Co has the right to remove any content or message on the Service that does not comply with these Terms or applicable law, or that does not comply with the Code of Conduct.
8. Promotion of Third-Party Services. Family & Co may offer non-Premium Users a selection of third-party services and offers via the "card carousel" at the top of the main screen or any other section of the Service. This selection will depend on several user settings, including, but not limited to, the country and language used. With respect to our privacy policy, Family & Co will not share or disclose any of the user's personal information to promoted service providers. Please feel free to consult our privacy policy in more detail by clicking here.
9. Feedback. If you submit or provide Family & Co with suggestions for improving Family & Co's products and services ("Comments"), by the act of submission or suggestion you effectively and irrevocably assign to Family & Co all worldwide rights, title, and benefits in and to the content of the Comments, without right to any compensation or remuneration from Family & Co and, to the extent permitted by applicable law, without liability to you. Co all worldwide rights, title and interest in and to the content of the Comments, without right to any compensation or remuneration from Family & Co and, to the extent permitted by applicable law, you waive any proprietary rights you may have in the Comments. In addition, you agree to effectively and irrevocably waive any and all claims against Family & Co or any successor in interest, arising out of or in connection with the Comments you submitted or provided to Family & Co. You also agree that this waiver of claims shall be effective without any further action or execution on your part.
10. Family & Co Content; Proprietary Rights, Licensing, Updates. Family & Co Content" means all information, graphics, text, images, software, sound files, video, communications and other materials (including all metadata associated with any Content) that Family & Co and its licensors provide to you in connection with the Service. Family & Co and its licensors own all Family & Co Content, including the selection and adaptation of Family & Co Content and the style and presentation of the Service. Family & Co and its licensors own all right, title, and interest in and to the Service, the Family & Co Content, and any software (including updates and upgrades) provided to you as part of the Service or in connection with your use of the Service (the "Software"), including all intellectual property and other proprietary rights therein. Family & Co grants you a personal, non-exclusive, non-transferable, limited license to use the Software provided by Family & Co in connection with the Service and in accordance with these Terms. Family & Co will occasionally send you updates for the Software which will be automatically downloaded and installed on your device. These updates include bug fixes, feature enhancements, improvements, or new versions of the Software. You hereby agree that Family & Co may automatically send you these updates and that you may receive and install them on your device.
11. Availability of the Service. Family & Co undertakes to use its best endeavours to ensure the availability of the Service in a reasonable manner having regard to the levels of service that may be expected from a service provider in comparison with the average levels of service provided by third parties for similar services, but cannot guarantee the absence of malfunctioning given its evolving and interconnected nature.
12. Security, bugs and updates. Family & Co undertakes to guarantee the implementation of all security measures that can reasonably be expected of it, particularly with regard to the state of the art and the level of security provided by similar third-party services. Nevertheless, bugs and errors unrelated to the user may occur, and Family & Co undertakes to use its best efforts to limit their occurrence and to resolve them promptly if necessary. Family & Co reserves the right to modify the Service, in particular for technical or commercial reasons. When these modifications do not alter the conditions of the provision of the Service, in a substantial and/or negative way, the users can be informed of the intervening modifications.
13. Exclusion of liability for certain damages. Family & Co is only liable for proven damages caused to users that may result from a fault in the performance of the Service administered by Family & Co. Co, but shall not be held responsible, directly or indirectly, for any damage or delay in the performance of the Service resulting from acts, facts, content published, uploaded, shared, copied, etc., by users or malicious third parties on the Service contrary to current legislation, the GCU and/or the GTC, which may occur beyond the control and/or knowledge of Family & Co and, as such, offers no guarantee concerning them.
14. Indemnification. You agree to defend, indemnify and hold harmless Family & Co, its directors, officers, employees, agents, partners, suppliers and licensors from and against any and all claims or actions of third parties, including attorneys' fees, arising out of or in connection with (a) any User Content posted, disseminated, transmitted or otherwise made available through your account or using Family & Co's services. Co for any claims or actions by third parties, including attorneys' fees, arising out of (a) any User Content stored, disseminated, transmitted or made available through your account or by using the Service or any related Service; (b) your use of the Service or any related Service and activities related to the use of information in your account; (c) any violation of these Terms; or (d) the violation of any rights of a third party. This indemnification will survive the termination or expiration of these Terms and the discontinuance of use of the Service or any associated Service.
15. Copyright Notice and Content Removal Procedures. You agree to respect the intellectual property rights of Family & Co and third parties. If you believe that any material made available through the Service violates the copyright rights of any third party, please notify Family & Co. After receiving your notification, Family & Co may remove or disable access to potentially infringing Content. Family & Co reserves the right to cancel an account or right of access to the Service in the event of infringement of the rights of Family & Co or third parties by the account holder or persons accessing the Service.
16. Applicable law and jurisdiction. Subject to mandatory legal provisions, the Conditions are governed by French law. Any complaint must be addressed in advance to Family&Co by postal mail, sent with acknowledgment of receipt (accusé de réception), to the following address: 8, rue Bayen 75017 Paris France. Family&Co and the user undertake to make their best efforts to find an amicable solution in the event of a dispute arising from the use of the Service. In the absence of a satisfactory response within one month, the user, having the status of a consumer, has the possibility of resorting, free of charge and confidentially, to a mediation procedure with the following mediator, notably the CMAP, which the user may contact here: https://www.cmap.fr/.
17. In accordance with article L.612-2 of the French Consumer Code, the dispute cannot be examined by the mediator if: (i) the user does not justify having previously attempted to resolve your dispute directly with Family&Co, (ii) the request is manifestly unfounded or abusive, (iii) the dispute has been previously examined or is in the process of being examined by another mediator or by a court, (iv) the user submitted your request to the mediator more than one year after his/her written complaint to Family&Co, (v) the dispute does not fall within the mediator's field of competence.

The dispute may also be brought directly or, failing resolution through mediation, before the competent court in application of the rules of jurisdiction in force.

Modifications to the Conditions. Family & Co reserves the right to modify these Terms at any time. The updated version will be effective as of the date of publication unless otherwise specified in the updated Terms. You may view the most current version of the Terms at any time on the Service. Your acceptance of the Terms by checking the box (as applicable), or by continuing to use the Service once the new version of the Terms has become effective, constitutes your acceptance of the new version of the Terms. If you do not accept the new version, you must immediately terminate your registration and/or stop using the Service www.familywall.com.

18. Termination. You may terminate your account registration or stop using the Service at any time. Family & Co reserves the right to terminate these Terms and your access to all or any part of the Service, including the Services, at any time without notice for breach of the Terms. Sections 2, 5, 7, 9, 10, 11, 12, 13, 14, and 16 shall survive termination.
19. Information. Family & Co will send you all notices (including legal process) that Family & Co is required to send by any lawful means, including posting a notice on the Service or sending it by email or regular mail to the address you have provided to Family & Co. You agree to keep your email and postal addresses current and to review notices posted on the Service. You agree to send any information to Family & Co by mail to Family & Co's "Legal Notice Address", which is :

Family & Co 8 rue Bayen 75017 – Paris France

20. Miscellaneous. A. If the court of competent jurisdiction considers any part of these Terms to be invalid, void or unenforceable, then it will replace that part with a valid and enforceable clause that approximates the spirit of the original clause and the remainder of the Terms will remain in full force and effect between the parties. The section headings in these Terms are for convenience only and have no legal or contractual effect. Family & Co may assign such title to these Terms, in whole or in part, at any time without notice. You may not modify these Terms or modify, transfer or sublicense your rights, if any, in the Service. Family & Co's failure to act with respect to any breach by you does not waive its right to act with respect to subsequent or similar breaches. These Terms (including the Privacy Policy, the Code of Conduct and any other provisions incorporated herein) constitute the entire agreement between Family & Co and you with respect to the Service. These Terms supersede any prior communications between Family & Co and you regarding the Service. B. Family & Co may provide notices to you, whether such notices are required by law or are for marketing or other commercial purposes, by means of email notice, written or paper notice, or by posting such notice on our website or mobile application, as determined by Family & Co in our sole discretion. Family & Co reserves the right to determine the form and means of providing notices to our Users, provided that you may opt-out of certain means of notice as described in this Agreement. Family & Co is not responsible for any automatic filtering that you or your network provider may apply to e-mail notifications that we send to the e-mail address you provide to us. Family & Co may, in its sole discretion, modify or update this Agreement from time to time, and you should therefore review this page periodically. When we materially change the Agreement, we will update the "last modified" date at the bottom of this page. If you continue to use the service after such modification, you accept the new terms of use. If you do not agree to any of these or future terms of use, do not use or access (or continue to access) the service.
21. Support. Family & Co does not provide customer support for the Service or any features or services available through the Service, unless Family & Co has posted information on the Service indicating that we provide customer support for a particular section of the Service.
22. Copyright and trademark notice. With the exception of User Content, all information provided as part of the Service is the property of Family & Co. All rights reserved. Copyright and other intellectual property laws and treaties protect all software and content provided on the Service. Family & Co and/or its suppliers own the title, copyright and other intellectual property rights in and to the Service, Family & Co Content, Comments and software (including any software updates and upgrades you have downloaded for your device via the Service). The logos and/or other Family & Co product names and services referenced on the Service are trademarks of Family & Co. All other company names, product names, service names and logos referenced on the Service are trademarks of their respective owners.

CODE OF CONDUCT

This Code of Conduct applies to the FamilyWall Service. This applies to any portion of the FamilyWall Site or Service that displays a link to this Code of Conduct. Read the Code of Conduct and abide by it in accordance with the services you use.

Membership qualifications

As a user of the service, you shall comply with this Code of Conduct, and you are responsible for all activities and content you post/upload. In addition to complying with the Code of Conduct, you are responsible for adhering to all applicable local and national laws.

Prohibited uses

You may not upload, post, transmit, transfer, distribute or facilitate the distribution of any content (including text, images, sound, video, data or software) or use the Service in any way that :

• expresses, incites or preaches pornography, obscenity, vulgarity, blasphemy, hatred, bigotry, racism or gratuitous violence;
• provides or creates links to external sites that violate this Code of Conduct;
• includes content protected by intellectual property laws, rights of privacy or publicity, or other applicable law unless you own or control such rights or have obtained the necessary consents and releases;
• harms or exploits minors in any way;
• is illegal or violates applicable local and national laws, including but not limited to, pedophilia, bestiality, incest, illegal drugs, software piracy and harassment;
• threatens, stalks, defames, defrauds, degrades, persecutes or intimidates an individual or group of individuals for any reason; including without limitation, age, gender, disability, ethnicity, sexual orientation, race or religion, or induces or encourages a person to do so;
• harms or disrupts, or intends to harm or disrupt, another user's computer or that would allow you and other users to illegally access software or breach the security of websites or servers, including but not limited to, spam or phishing attempts, scanning or vulnerability testing of a system or network to breach security or authentication measures;
• imposes significant congestion on the infrastructure of one of Family&Co's services, such as high volumes of data transfer or bandwidth consumption, excessive storage, hosting of a Web server, Internet relay chat server, or any other server, and unusual end-user activities;
• sends or attempts to send unsolicited messages, including promotions or advertisements for products or services, "spam," "chain letters," or "junk mail;
• accesses, modifies or uses non-public areas of a Family&Co service, computer system or website, or damages Family&Co's business, reputation, employees, facilities or other person;
• attempts to access, search, or retrieve data from a Family&Co service or website with any engine, software, tool, agent, robot, web, scraper, device, or mechanism other than the search software or tools provided by Family&Co or other third-party web browsers commonly available;
• "impersonates" a Family&Co service or Family&Co website or makes it appear that you are connected to Family&Co in any way or that Family&Co has selected you for any purpose; or
• attempts to impersonate any Family&Co employee, agent, officer, representative, director, host, or any other user or person by any means whatsoever.
• You will not use any form of automatic device or computer program to send publications without Family&Co's written consent.

Rights and responsibilities

We encourage you not to share information that others may use to harm you. We encourage parents to be attentive and to supervise the content posted by their minor children in order to protect them. Family&Co is not responsible for the content of any publication, listing or message created by a user. The decision to post content or share it with others is your responsibility. We advise you to use your own judgment.

You are responsible for protecting your computer from interference, spyware or viruses that you may encounter when downloading items from the service. We recommend that you install a virus protection program on your computer and keep it up to date.

Family&Co reserves the right to modify or change the Code of Conduct or any service at any time without notice. We encourage you to review these guidelines regularly to ensure compliance.

Effective date: March 13, 2025