Terms of Use

Last updated: 30/08/2026

These Terms replace the Acceptable Use Policy previously published on this site. The community rules it contained are now part of Section 7 below.

1. Who we are and what these Terms cover

UNEAR (the “Service”) is a mobile application that allows small private groups — couples, friends and families separated by distance — to complete shared daily challenges and to build a common photo journal.

The Service is published and operated by:

• UNEAR, company in the course of formation (société en formation) (“UNEAR”, “we”, “us”, “our”).
• Registered office: 92 rue de Lourmel, 75015 Paris, France.
• Publication director (directeur de la publication): Anna Leotta, President.
• Contact: team@unear.app

Hosting providers: the application programming interface is hosted by Railway Corp.; account and message data are stored on PostgreSQL databases operated by Supabase Inc. in the AWS eu-north-1 region (Stockholm, Sweden); photographs and other media are stored on Cloudflare R2 (Cloudflare, Inc.); this website is hosted by Hostinger International Ltd. The full postal address and telephone number of each provider are available on request at team@unear.app.

These Terms of Use (the “Terms”) form a binding agreement between you and UNEAR. They govern your access to and use of the Service, including the mobile applications, the website unear.app, and all related features and content.

By creating an account, downloading the application or otherwise using the Service, you confirm that you have read and accept these Terms. If you do not accept them, do not use the Service. Sections 20 (Limitation of liability) and 23 (Governing law and dispute resolution) affect your legal rights and should be read carefully.

Some provisions apply only to users in a particular region. Where a provision in Annex A or Annex C conflicts with the main body of these Terms, the Annex applicable to your country of residence prevails.

2. Definitions

• “Account” means the personal account you create to access the Service.
• “Challenge” means a daily or recurring activity proposed within the Service and intended to be completed by the members of a Group.
• “Community Challenge” means a Challenge made available to users beyond a single Group, where such a feature is enabled.
• “Content” means any photograph, image, text, caption, comment, reaction or other material.
• “Energy” means the non-monetary virtual item described in Section 11.
• “Group” means a closed, invitation-only set of users who share Challenges and a common photo journal.
• “Premium” means the paid subscription described in Section 10.
• “User Content” means Content that you or another user submits, uploads or shares through the Service.

3. Eligibility and age requirements

3.1 Minimum age

The minimum age to use the Service is 13. You may not create an Account or use the Service if you are under 13 years old. We do not knowingly collect personal data from children under 13.

3.2 Parental consent for minors

If you are a minor under the age at which you may consent on your own behalf under the law of your country of residence, you may use the Service only if your parent or legal guardian has reviewed and accepted these Terms and has provided verifiable consent through the mechanism we make available. That threshold is 15 years in France, 16 years in certain EEA Member States, 14 years in Québec, and 13 years in the United States and in the rest of Canada.

Where verifiable parental consent is required and has not been obtained, or is withdrawn, we will refuse or close the Account. A parent or legal guardian who has consented on behalf of a minor may at any time request access to, correction of, or deletion of that minor’s data, and may withdraw consent, by contacting us at the address in Section 28.

Parents and legal guardians who consent under this Section accept these Terms on behalf of the minor and are responsible for the minor’s use of the Service.

3.3 Protection of minors

We do not display advertising based on profiling to users we know to be minors. We do not operate a public feed, a discovery algorithm or a search function allowing users to find strangers: the Service is limited to closed, invitation-only Groups. Additional safeguards applicable to minors are described in our Privacy Policy.

3.4 Capacity and sanctions

You also confirm that you have the legal capacity to enter into a binding contract, that you are not barred from using the Service under applicable law, and that you are not located in a country or on a list referred to in Section 25.

4. Your account

You must provide accurate information when creating your Account and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your Account. You must notify us without undue delay at the address in Section 28 if you become aware of any unauthorised use.

One Account per person. You may not sell, rent, share or transfer your Account, or allow another person to use it.

5. Description of the Service

The Service allows you to create or join a Group, to receive and complete Challenges together with the other members of that Group, and to record the results in a shared photo journal accessible only to the members of that Group.

The Service is deliberately designed without a public feed, without a discovery algorithm, without infinite scroll and without any function allowing users to browse or contact people outside their own Group. Content shared in a Group is not disseminated to the public.

Challenges are proposals, not instructions. You decide freely whether and how to complete a Challenge. You are solely responsible for assessing whether a Challenge is safe, lawful and appropriate in your circumstances, and for the consequences of your decision to undertake it. Never undertake an activity that would put you or anyone else at risk, that would breach the law, or that would take place in a location where you are not permitted to be.

6. Your Content and the licence you grant us

6.1 You keep your rights

You retain all rights in your User Content. These Terms do not transfer ownership of your User Content to us.

6.2 Licence granted to UNEAR

To enable us to operate the Service, you grant UNEAR a worldwide, non-exclusive, royalty-free, sublicensable (solely to our hosting, storage, content-delivery and moderation providers) licence to host, store, reproduce, adapt for technical purposes (such as resizing, compression and format conversion), transmit and display your User Content, for the sole purpose of providing, securing and improving the Service.

This licence is strictly limited to that purpose. It does not authorise us to use your User Content for advertising, promotion or any commercial communication, nor to make it available to anyone outside your Group, unless you have given separate, specific and freely revocable consent.

The licence terminates when you delete the relevant User Content or your Account, except (i) for the time technically required to remove copies from our backups, which shall not exceed 90 days, and (ii) where we are required to retain the Content to comply with a legal obligation or to establish, exercise or defend legal claims.

6.3 Your warranties

You warrant that you own or have obtained all necessary rights, consents and authorisations in your User Content, including the consent of every identifiable person appearing in a photograph, and that your User Content does not infringe the rights of any third party or breach any applicable law.

6.4 Content of other users

Content shared by other members of your Group is theirs. You must not copy, save, republish or redistribute it outside the Group without their consent. Doing so may breach their privacy and image rights and may expose you to liability.

7. Acceptable use

UNEAR exists so that small groups of people who care about each other can share ordinary moments in confidence. Every rule below serves that single purpose: keeping the Service a place where people feel free to post without fear of being mocked, exposed or harmed.

You agree not to use the Service to create, upload, share or promote Content, or to engage in conduct, that:

• is unlawful, or that facilitates or incites an unlawful act, including defamation;
• is sexual or sexually suggestive, including nudity and pornography, and in particular any content sexualising a minor. Child sexual abuse material is reported to the competent authorities, including the National Center for Missing & Exploited Children (NCMEC) where applicable;
• harasses, bullies, threatens, defames or intimidates any person, including through mockery or repeated unsolicited messages;
• incites hatred, violence or discrimination against a person or a group, in particular on the basis of gender, gender identity, origin, ethnicity, religion, sexual orientation, disability, age or any other protected characteristic;
• depicts or encourages self-harm, suicide, eating disorders, the use of narcotics or other harmful substances, or dangerous behaviour, including dangerous physical challenges;
• discloses personal information about another person — including their name, image, home address, telephone number or place of work — without their explicit consent;
• reproduces, records, captures or shares Content created by another user outside the Group in which it was shared, without that user’s permission;
• infringes any intellectual property right, image right, privacy right or trade secret;
• is deceptive or fraudulent, including false information, scams, impersonation of any person, or misrepresentation of your affiliation with any person or entity;
• contains malware, or attempts to gain unauthorised access to, disrupt, overload, reverse-engineer, scrape or circumvent any part of the Service or its security measures, including through bots, scripts or spam;
• collects data about other users without their consent;
• is used for advertising, spam or commercial solicitation without our prior written agreement;
• is used to create Groups with people you do not know for the purpose of meeting strangers, or to circumvent the closed-group design of the Service.

What is shared inside a Group stays inside that Group. Treat the confidentiality of a Group as you would a private conversation.

7.1 Zero tolerance

We operate a zero-tolerance policy for objectionable content and for abusive users.

Content reported under Section 8.1 is reviewed within 24 hours of the report. Content that breaches these Terms is removed, and the account responsible may be restricted, suspended or terminated.

Every user may block another user at any time, from that user’s profile, from the members list of a Group, or from their friends list. Blocking takes effect immediately: the blocked user’s photographs and messages are hidden from you throughout the Service, including in Groups you share; the friendship between the two accounts is ended; and the blocked user can no longer send you a friend request, invite you, or add you to a Group. The blocked user is not informed that they have been blocked. You may reverse a block at any time from Settings → Blocked accounts.

Blocking a user also sends us a report, so that we can review the account and act on it independently of your decision.

8. Content moderation, reporting and appeals

8.1 Reporting

Any user may report Content or behaviour believed to breach these Terms or the law, using the reporting function in the application or by writing to team@unear.app. A report should identify the Content concerned, explain the reasons for the report and, where the report concerns unlawful content, include the contact details of the person reporting, unless the report concerns an offence against a child.

Reports are reviewed within 24 hours. Reporting is available on every photograph and every message, from the menu attached to the item concerned.

8.2 What we do

We review reports within 24 hours, in a diligent, non-arbitrary and objective manner. Depending on the seriousness of the breach, we may remove or restrict access to Content, issue a warning, restrict certain features, or suspend or terminate an Account. We use a combination of automated tools and human review; automated tools are not the sole basis for a decision to terminate an Account.

8.3 Statement of reasons and appeal

If we remove your Content or restrict your Account, we will inform you of the decision, of the grounds on which it was taken and of the redress available to you, unless we are legally prohibited from doing so. You may contest the decision within six months by writing to team@unear.app. We will review your appeal and inform you of the outcome. Users in the European Union may also refer the dispute to a certified out-of-court dispute settlement body and retain the right to bring proceedings before a court.

8.4 Orders from authorities

We act on orders issued by competent judicial or administrative authorities to remove unlawful content or to provide information, in accordance with applicable law, and inform the user concerned where permitted.

9. Our intellectual property

The Service, including its software, source code, databases, interface, design, graphics, texts, and the UNEAR name and logo (French trademark filing no. 26 5244361), is protected by intellectual property law and belongs to UNEAR or its licensors.

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the application on a device you own or control, for your own private, non-commercial use, for as long as these Terms remain in force. All rights not expressly granted are reserved. You may not copy, modify, distribute, sell, lease, sublicense, decompile or reverse-engineer any part of the Service, except to the extent such restriction is prohibited by applicable law, including Articles L.122-6 and L.122-6-1 of the French Intellectual Property Code.

10. Premium subscription

Premium is an optional paid subscription. The current offer is:

• Premium Monthly — €9.99 per month, before tax. 100 Energy granted once, when the subscription starts — not at each monthly renewal; if your subscription ends and you later subscribe again, a new grant applies. Also included, for as long as the subscription is active: access to Community Challenges, the ability to propose Challenges, and rewards associated with popular Challenges.
• Energy Pack 20 — €0.99, before tax. 20 Energy, one-off purchase.
• Energy Pack 100 — €3.99, before tax. 100 Energy, one-off purchase.

The prices above are stated in euros and are exclusive of tax. Tax rates differ from one country to another, so no single tax-inclusive figure can be given here: the amount actually charged to you includes the taxes applicable where you are located — value added tax in the European Union and the United Kingdom, sales tax, GST, HST, QST or use tax in the United States and Canada, and their local equivalents elsewhere — and is therefore higher than the amount listed above wherever such taxes apply. Outside the euro area, the amount charged is the local-currency price displayed by the Apple App Store or Google Play at the time of purchase, which may differ from a direct currency conversion. The price applicable to your purchase is always the final, tax-inclusive price displayed to you on the confirmation screen before you confirm.

We may change our prices. Any price change applies to future billing periods only. Subscribers will be notified at least 30 days before a price increase takes effect and may cancel before the new price applies; where required by law, an increase will not take effect without your express consent.

11. Energy (virtual items)

Energy is a virtual item usable only inside the Service. You may obtain Energy by subscribing to Premium or by purchasing an Energy pack.

Energy has no monetary value, is not a currency, is not a payment instrument and is not electronic money. It cannot be redeemed for cash, exchanged for goods or services outside the Service, transferred outside the Service, or sold or traded with any third party. You acquire a limited, personal, revocable, non-transferable licence to use Energy within the Service; you do not acquire ownership of it.

Energy is consumed when used and, once used, is not refundable, except where a refund is required by applicable consumer law or where the Energy was deducted as a result of an error attributable to us.

Unused Energy remains available while your Account is active. It expires and is cancelled without compensation when your Account is closed, whether by you or by us in accordance with Section 18.

Nothing in this Section limits any right you have under mandatory consumer protection law.

12. Billing, renewal and cancellation

12.1 How you are billed

Purchases made inside the mobile application are processed by Apple or Google through your App Store or Google Play account, in accordance with their terms. Where we offer purchases through our website, payments are processed by our payment service provider and we do not store your card details.

12.2 Automatic renewal

The Premium subscription renews automatically each month until you cancel. Your account with the relevant app store is charged the then-current price at the start of each billing period. Before you subscribe, we display the price, the billing frequency, the fact that the subscription renews automatically, and how to cancel; you must give your express consent to these terms before the first charge.

12.3 How to cancel

You may cancel at any time, without giving a reason and without penalty. Cancellation takes effect at the end of the current billing period; you keep access to Premium features until then, and you are not charged again. Cancellation is made through the subscription settings of the App Store or Google Play account used for the purchase, or, for subscriptions taken out on our website, through your account settings or by writing to team@unear.app.

We do not require you to call, chat or take any additional step to cancel. Where you subscribed on our website, an online cancellation function is available at all times, in accordance with Article L.215-1-1 of the French Consumer Code and with United States federal and state requirements on the cancellation of negative-option and automatic-renewal offers.

12.4 Failed payment

If a payment fails, access to Premium features may be suspended until payment is completed. We will inform you before any suspension.

13. Right of withdrawal and refunds

13.1 Users in the European Union, the EEA and the United Kingdom

You normally have 14 days to withdraw from a distance contract for digital content or services, without giving a reason. Because the Service is supplied immediately, when you purchase Premium or an Energy pack you are asked to give your express prior consent to immediate performance and to acknowledge that you thereby lose your right of withdrawal once the content has been fully supplied. If you do not give that consent, supply begins after the 14-day period.

Where you exercise a right of withdrawal in respect of a subscription whose performance began at your request, you owe an amount proportionate to what has been supplied up to the moment you inform us of your withdrawal.

Where a right of withdrawal applies to your purchase, you may exercise it by using the model withdrawal form set out in Annex B, or by any other unambiguous statement sent to the address in Section 28. Use of the form is optional. Your withdrawal takes effect on the date you send it, provided it is sent before the end of the withdrawal period. We will acknowledge receipt of your withdrawal without undue delay on a durable medium. Where you purchased through the Apple App Store or Google Play, the contract of sale was concluded with Apple or Google as seller. In that case, the right of withdrawal is exercised in accordance with their terms and directly with them, and Annex B does not apply to that purchase.

13.2 Users in Canada and the United States

Purchases are generally final. Where a purchase was made through the App Store or Google Play, refund requests are handled by Apple or Google under their own policies, and we have no ability to grant a refund on their behalf. Where a purchase was made directly through us, we will consider refund requests submitted within 14 days of purchase, and we will in all cases honour any refund right granted by mandatory consumer protection law, including the Consumer Protection Act (Québec) and applicable state consumer protection statutes.

13.3 Statutory guarantees

Nothing in this Section affects the statutory guarantee of conformity for digital content and digital services (Articles L.224-25-1 et seq. of the French Consumer Code and equivalent provisions in other EEA States and the United Kingdom), the legal warranty against hidden defects, or the legal warranties applicable in Canada.

14. Advertising and sponsored challenges

The Service does not currently display advertising. We do not sell your personal data, and we do not use your Content for advertising purposes.

If we later introduce sponsored Challenges — Challenges proposed by a brand or organisation — or optional rewarded advertisements that you choose to watch in exchange for Energy, the following rules will apply, and we will inform you before the feature is introduced.

Sponsored content is always identified as such, in a clear, concise and unambiguous way, with the identity of the sponsor displayed. We do not present commercial content as if it were editorial or user-generated content. We do not serve advertising based on profiling to users we know to be minors, and we do not serve advertising based on special categories of personal data. Where advertising is displayed, you can access information on the main parameters used to determine the advertising presented to you, through the information icon associated with it.

We are not responsible for the products, services or offers of sponsors. Your dealings with a sponsor are between you and that sponsor.

15. Privacy and personal data

Our Privacy Policy explains what personal data we collect, why, on what legal basis, how long we keep it, with whom we share it, where it is transferred, and how you can exercise your rights. It forms an integral part of these Terms. Please read it before using the Service.

Depending on where you live, you may have rights of access, rectification, erasure, restriction, portability, objection, withdrawal of consent, and rights concerning the sale or sharing of personal information and targeted advertising. Instructions for exercising them are set out in the Privacy Policy.

16. Third-party services and app stores

The Service relies on third-party providers, including for hosting, storage, analytics, subscription management, payment processing and localisation. Their processing of personal data is described in the Privacy Policy.

The Service may contain links to third-party sites or services. We do not control them and are not responsible for their content or practices.

16.1 Apple

These Terms are concluded between you and UNEAR only, and not with Apple. Apple is not responsible for the application or its content. Apple has no obligation to provide maintenance or support for the application. In the event of a failure of the application to conform to any applicable warranty, you may notify Apple, which may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claim relating to the application, including product liability claims, claims that the application fails to conform to a legal requirement, and claims arising under consumer protection or privacy legislation. Apple is not responsible for the investigation, defence, settlement or discharge of any third-party claim that the application infringes intellectual property rights. You confirm that you comply with Section 25. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16.2 Google

Applications obtained from Google Play are also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the application.

17. Availability, changes and interruption of the Service

We aim to keep the Service available but we do not guarantee uninterrupted or error-free operation. We may carry out maintenance, updates and improvements, and may temporarily suspend access where necessary, in principle with prior notice except in an emergency.

We may modify, add or discontinue features. Where a change materially and negatively affects a feature you use as a paying subscriber, we will inform you at least 30 days in advance and, where required by applicable law, you may terminate your subscription without cost and obtain a refund of the unused portion of the amounts you have paid.

We may discontinue the Service entirely. In that case we will give you reasonable prior notice, allow you to export your photo journal where technically possible, and refund the unused portion of any prepaid amount.

18. Suspension and termination

18.1 By you

You may stop using the Service at any time and delete your Account from the application settings.

When you delete your Account, we delete your profile, your profile picture, your photographs and your messages in every Group, your notifications, your Group memberships, your friendships, your trophies, your blocks, your authentication tokens, and the verification and password-reset codes associated with your Account. Groups in which you were the only remaining member are deleted, together with the photographs they contained. Where you created a Group that other members still use, that Group continues to exist and its administration is transferred to another member; only your participation and your own Content are removed.

Copies of your Content already downloaded onto the devices of the other members of your Groups disappear from those devices when their local cache next refreshes.

Some records survive in an anonymised form, from which your identity has been removed: the challenge categories you created, because other Groups may be using them; your likes on Challenges, because they belong to the Challenge and not to you; reports made about or by your Account, which we retain to establish, exercise or defend legal claims; and quotations of your messages inside other users’ replies, from which your name and your words are erased.

Residual copies may remain in our encrypted backups for the time technically required to rotate them, which does not exceed 90 days. Our analytics, error-monitoring and subscription-management providers may retain records associated with your Account in accordance with their own retention periods, as described in our Privacy Policy.

Any unused Energy is cancelled. Deleting your Account does not automatically cancel a subscription purchased through an app store: you must also cancel it as described in Section 12.3.

18.2 By us

We may suspend or terminate your access, in whole or in part, where you materially breach these Terms or the law, where necessary to protect other users, a third party or the Service, or where required by an order of a competent authority.

Except where the breach is serious — in particular content sexualising a minor, threats to a person’s safety, or an attack on the security of the Service, which may lead to immediate termination — we will give you prior notice, state the reasons, and give you an opportunity to respond and to remedy the breach. You may contest the decision as described in Section 8.3.

If we terminate your Account other than for a breach attributable to you, we will refund the unused portion of any prepaid amount.

19. Disclaimers

To the maximum extent permitted by applicable law, and subject to the paragraph below, the Service is provided “as is” and “as available”, and we disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement.

We do not warrant that the Service will meet your requirements, that it will be uninterrupted, timely, secure or error-free, or that defects will be corrected.

This Section does not apply where the law does not permit it. In particular, it does not affect the statutory guarantees owed to consumers in the European Union, the United Kingdom and Canada, including the legal guarantee of conformity, the guarantee against hidden defects, and the warranties imposed by the Consumer Protection Act (Québec) and by provincial consumer protection legislation. Some jurisdictions, including certain US states, do not allow the exclusion of implied warranties, in which case the above exclusions do not apply to you.

20. Limitation of liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot be excluded or limited under applicable law.

Subject to the paragraph above, and to the maximum extent permitted by applicable law:

• we are not liable for indirect or consequential loss, loss of profit, loss of business, loss of opportunity or loss of data resulting from causes not attributable to us;
• our total aggregate liability arising out of or in connection with the Service is limited to the greater of (i) the total amount you paid us in the twelve months preceding the event giving rise to the claim, and (ii) €100.

We are not liable for User Content, which is the responsibility of the user who created it, nor for the acts or omissions of other users, nor for the conduct of any person you interact with, whether inside or outside the Service.

We are not liable for any injury, damage or loss arising from your decision to undertake a Challenge, which you undertake at your own risk and under your own responsibility, as set out in Section 5.

Consumers in the European Union: this Section does not affect your rights under the mandatory rules of the law of your country of residence, and in particular does not limit our liability for a failure to perform our contractual obligations, for which we remain liable under the conditions of Article L.221-15 of the French Consumer Code and equivalent provisions.

Residents of Québec: the limitations in this Section do not apply to the extent that Article 10 of the Consumer Protection Act, or Articles 1474 and 1437 of the Civil Code of Québec, prohibit them.

21. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold UNEAR harmless against any third-party claim, and against the reasonable costs and legal fees resulting from it, arising out of your User Content, your use of the Service in breach of these Terms, or your breach of the law or of the rights of a third party.

This Section does not apply to consumers resident in the European Union or in Québec, to the extent that mandatory consumer protection law prohibits such an obligation. We will notify you promptly of any claim, will not settle it without your agreement, and you may participate in the defence.

22. Copyright complaints (DMCA and equivalent)

If you believe that Content on the Service infringes your copyright, send a notice containing: your physical or electronic signature; identification of the work claimed to be infringed; identification of the material claimed to be infringing and information reasonably sufficient to locate it; your contact details; a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent or the law; and a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on behalf of the owner.

Designated agent: UNEAR — Copyright Agent, 92 rue de Lourmel, 75015 Paris, France — team@unear.app.

If your Content was removed following such a notice and you believe the removal was mistaken, you may send a counter-notice to the same address. We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe copyright.

Notices concerning other unlawful content, including under Regulation (EU) 2022/2065, should be sent as described in Section 8.1.

23. Governing law and dispute resolution

23.1 General rule

These Terms are governed by French law. This choice does not deprive a consumer of the protection afforded by the mandatory provisions of the law of the country in which that consumer is habitually resident.

Before starting any proceedings, we encourage you to contact us at the address in Section 28 so that we can try to resolve the matter amicably. We will acknowledge your complaint within 90 days and endeavour to respond within 90 days.

23.2 Users in the EEA, the United Kingdom and Switzerland

Consumers may bring proceedings before the courts of their place of residence, and may access the European Commission’s online dispute resolution platform where available. Where we subscribe to a consumer mediation scheme, we will publish the name and contact details of the mediator on this page and inform you of them in response to any complaint.

23.3 Users outside the EEA

These Terms contain no arbitration agreement and no class action waiver. Wherever you live, you keep the right to bring your claim before a court, including, where the law of your country of residence so provides, before the courts of your place of residence.

23.4 Users in Canada

The provisions of Annex C apply to you.

24. Changes to these Terms

We may amend these Terms to reflect changes to the Service, to our business, or to the law. We will publish the amended Terms in the application and on our website, with a new effective date.

Where a change materially affects your rights or obligations, we will inform you by e-mail or by an in-app notice at least 30 days before it takes effect. If you do not accept the change, you may terminate your subscription and close your Account before the effective date, without cost, and obtain a refund of the unused portion of any prepaid amount. Continuing to use the Service after the effective date constitutes acceptance of the amended Terms.

For residents of Québec, an amendment to an essential element of the contract is subject to the specific conditions of Article 11.2 of the Consumer Protection Act, as set out in Annex C.

25. Export controls and sanctions

You confirm that you are not located in a country subject to a comprehensive United States or European Union embargo, and that you are not listed on any list of prohibited or restricted parties maintained by the United States Government, the European Union, the United Kingdom or Canada. You agree to comply with all applicable export control and sanctions laws.

26. Accessibility

We work to make the Service usable by as many people as possible, taking into account the accessibility guidelines applicable to mobile applications. If you encounter an accessibility barrier, please contact us at team@unear.app and we will do our best to provide the information or function in an accessible form.

27. General provisions

27.1 Entire agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and UNEAR regarding the Service.

27.2 Severability

If a provision is held invalid or unenforceable, it is limited or removed to the minimum extent necessary and the remaining provisions remain in force.

27.3 No waiver

Our failure to enforce a provision is not a waiver of our right to enforce it later.

27.4 Assignment

You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition or transfer of assets, provided this does not reduce your rights; we will inform you and, where required by law, you may terminate the contract on that ground.

27.5 Force majeure

Neither party is liable for a failure to perform caused by an event beyond its reasonable control.

27.6 Language

These Terms are drawn up in English. A French version is available on request at team@unear.app.

27.7 Survival

Sections 6.2 (residual licence), 9, 11, 19, 20, 21, 22, 23 and 27 survive termination.

28. Contact

• General and support: team@unear.app
• Notices and content reports: team@unear.app
• Appeals against moderation decisions: team@unear.app
• Data protection / privacy requests: team@unear.app
• Copyright (designated agent): UNEAR, 92 rue de Lourmel, 75015 Paris, France, team@unear.app
• Postal address: UNEAR, 92 rue de Lourmel, 75015 Paris, France

Annex A — Supplemental terms for users in the EEA, the United Kingdom and Switzerland

This Annex applies if you are resident in the European Economic Area, the United Kingdom or Switzerland, and prevails over the main body of these Terms in the event of conflict.

A.1 Consumer rights preserved

Nothing in these Terms limits or excludes your rights under mandatory consumer protection law, including the legal guarantee of conformity for digital content and digital services, the legal guarantee against hidden defects, the right of withdrawal, and the rules on unfair contract terms. Any term that would be unfair within the meaning of Directive 93/13/EEC or Article L.212-1 of the French Consumer Code is deemed unwritten.

A.2 Digital Services Act

We provide a notice-and-action mechanism (Section 8.1), a statement of reasons for each restriction we impose (Section 8.3), an internal complaint-handling system free of charge (Section 8.3), and a single point of contact for users and for authorities: team@unear.app.

Our terms are drafted in plain and intelligible language and we publish information on our content moderation practices, including the use of automated tools, on our Digital Services Act and Moderation Policy pages.

A.3 Personal data

The controller of personal data is UNEAR. Our data protection contact is team@unear.app. You may lodge a complaint with your national supervisory authority, in France the Commission nationale de l’informatique et des libertés (CNIL), 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07.

A.4 Minors

Where you are under the age of digital consent applicable in your country (15 in France), your Account may be created only with the verifiable consent of the holder of parental responsibility. We do not use profiling to display advertising to users we know to be minors.

A.5 Jurisdiction

You may bring proceedings before the courts of your place of residence. We may bring proceedings against you only before the courts of your place of residence.

Annex B — Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract. Use of this form is not compulsory: you may notify your withdrawal by any other unambiguous statement.)

To: UNEAR, 92 rue de Lourmel, 75015 Paris, France — team@unear.app

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the supply of the following digital service:

• Ordered on (*) / received on (*): ......................................
• Name of consumer(s): ......................................
• Address of consumer(s): ......................................
• E-mail address associated with the Account: ......................................
• Signature of consumer(s) (only if this form is notified on paper): ......................................
• Date: ......................................

(*) Delete as appropriate.

This form does not apply to purchases made through the Apple App Store or Google Play, for which the contract of sale is concluded with Apple or Google as seller and the right of withdrawal is exercised directly with them, in accordance with Section 13.1.

Annex C — Supplemental terms for users in Canada and Québec

This Annex applies if you are resident in Canada and prevails over the main body of these Terms in the event of conflict.

C.1 Governing law and jurisdiction

Notwithstanding Section 23.1, if you are resident in Canada these Terms are governed by the laws of the province or territory in which you reside and by the applicable federal laws of Canada. You may bring proceedings before the courts of your province or territory of residence.

C.2 No arbitration, no class action waiver

These Terms contain no arbitration agreement and no class action waiver. In accordance with Article 11.1 of the Consumer Protection Act, a consumer resident in Québec may not be required to submit a dispute to arbitration and may not be prevented from bringing or joining a class action. You may bring your claim before the courts of your province, including the Small Claims Division in Québec.

C.3 Québec — amendments to the contract

Where these Terms are a contract of successive performance subject to the Consumer Protection Act, we will notify you of any amendment to an essential element of the contract at least 30 days before it takes effect, by a separate written notice setting out only the new clause, the clause as it read before the amendment, the date the amendment takes effect and your right to refuse. If the amendment increases your obligations or reduces ours, you may refuse it and terminate the contract without cost, penalty or cancellation indemnity, by sending us a notice no later than 30 days after the amendment takes effect.

C.4 Québec — language

These Terms are drawn up in English. A French version is available on request at team@unear.app, in accordance with the Charter of the French language. Une version française des présentes conditions est disponible sur demande à team@unear.app.

C.5 Québec — warranties and liability

Nothing in these Terms limits the warranties owed to you under the Consumer Protection Act or the Civil Code of Québec, including the warranty of fitness for the purpose for which the goods or services are intended and the warranty of durability. The exclusions and limitations in Sections 19, 20 and 21 apply only to the extent permitted by those laws.

C.6 Personal data — Law 25

We inform you of the collection of your personal information, of the purposes for which it is collected, of the categories of persons who have access to it within our organisation, of your rights of access, rectification, de-indexing and portability, and of any transfer outside Québec, in our Privacy Policy. We do not use technology allowing you to be identified, located or profiled without informing you and offering you the means to deactivate it. Personal information of a minor under 14 is collected only with the consent of the person having parental authority, except where collection is clearly for the minor’s benefit. Our privacy officer is Anna Leotta, President — team@unear.app. You may lodge a complaint with the Commission d’accès à l’information du Québec.

C.7 Commercial electronic messages

We send commercial electronic messages only with your consent or where an exception under Canada’s Anti-Spam Legislation applies. Every such message identifies us, provides our contact details and includes an unsubscribe mechanism that takes effect within ten business days.

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