Terms and conditions of use

(Version effective as of 31 August 2023)

The purpose of the present general terms of use (hereinafter, the “GTC “) is to define the terms and conditions of registration and access of Users to the Site and the Application as well as to the services provided by CitizenWave from the Site and the Application, as more fully described hereinafter.

1. Purpose of the site and application

The services offered by CitizenWave via the Website and the Application aim to bring together on the same social network dedicated to sustainable development all individuals and actors such as associations, companies, communities, influencers, NGOs (hereinafter “the Actors“), who can act within the framework of a sustainable development objective.

They allow (i) anyone who wants to get involved to easily find and participate in environmental projects; (ii) to create a single place where citizens, companies, associations and local authorities can get in touch with each other about committed projects; (iii) to encourage the sharing of knowledge and experience, both locally and globally.

Through this platform, CitizenWave allows everyone to respond to the environmental emergency as they wish and to know their real contribution to the planet’s well-being.

They therefore aim to place the individual at the centre of the exchange of information, ideas for action and lists of ideas for sustainable development, and to encourage the involvement of Actors alongside them.

In order to access and use the Site and the Application, each user must:

  • have a compatible mobile terminal;
  • have an Internet connection, the costs of using remote communication techniques (Wi-Fi, 2G, 3G, 4G, etc.) being otherwise at the User’s expense;
  • have a valid email address;
  • create an Account; and
  • agree to these TOS, without reservation.

2. Definitions

The following terms shall have the following meaning between the Parties:

Application“: means the CitizenWave mobile application available for smartphone on the App Store or Google Play Store;

Account “: means a virtual space in the form of web pages dedicated to the User within CitizenWave, made available free of charge;

User Content“: refers, in the singular or plural, to all elements (text, image, video/photo, links) published on the site by the User, including but not limited to information published through the profile but also comments, news, events or recommendations.

Visitor“: means an Internet user visiting the Site without having logged in to his/her account. The Visitor does not necessarily have an account.This service is currently not available within the Application.

Party(ies)”: means in the singular indistinctly CitizenWave and the User, and in the plural CitizenWave and the User together;

Services“: refers to all the online accessible features offered on the Application and the Site as listed in Article 5 “Description of Services”;

Site“: means the CitizenWave application accessible with a web browser at https://app.citizenwave.com

User(s)“: means generally, in the singular or plural, any person with an account on the Site or on the Application. It may be an individual or an Association operating in the public domain and having free access to the Application and the Site.

3. Scope of the TOS

The purpose of these GCU is to define the terms of registration, access and use of the Site and the Application and/or the Services by Users.

Access to the Site is free and is not subject to the prior creation of an Account.

Access to all the Services offered by the Application and the Site is subject to the creation of an Account.

When creating his/her Account in the Application, the User must read the T&Cs by clicking on the link “Terms and Conditions of Use” and validate them by c liqu ant on the ” S uite “, provided at the end of the registration form. By doing so, the User acknowledges that he/she accepts all of the provisions of the TOS, without any reservations.

CitizenWave reserves the right to modify, at any time, all or part of the TOS and/or the Services. If applicable, the Users will be informed of any modification of the TOS at least three (3) days before the effective date of the modification, by e-mail and/or by an information on the Site and/or the Application. By continuing to use the Application and/or the Site after the date of entry into force of a modification of the TOS and/or the Services, the User is deemed to have accepted the said modification.

4. User account

4.1 Account creation and use.

An Account is created by means of a registration form made available in the Application. On this occasion, the Visitor is first invited to complete the first part of the form by entering his email address and password. Once the T&Cs and the personal data protection policy have been accepted, the User may finalise the form by filling in certain information relating to his identity, including in particular his estimated level of knowledge in DevelopmentD urable, his/her pseudo, as well as a profile picture.Optionally, if the User has an access code to a private community, then they can enter it.

The mandatory information is email, password and username.

The User undertakes to provide accurate, complete and sincere information when creating and using his/her Account.

The User undertakes not to create or use accounts other than the one initially created, either under his own identity or that of a third party.

The username and password associated with the Account are strictly personal and must not be communicated to third parties. The User acknowledges that he/she is solely responsible for the security and use of the Account. The User agrees to notify CitizenWave immediately in case of breach of confidentiality and/or fraudulent use of his Account.

4.2 Modification of the Account

At any time, the User may update all of his Account information within his personal space available on the Application, on the Settings page.

In this respect, the User is solely responsible for the damage he/she could suffer in case of inaccuracy of the information concerning him/her and CitizenWave cannot, in any way, be held responsible for the information communicated by the User which could prove to be inaccurate, erroneous or fraudulent.

4.3 Duration and termination of the Account

Subject to the provisions below, the Account remains valid for an indefinite period from the date of its creation.

The User may, at any time, give up using the Services by closing his/her Account by sending an email to account@citizenwave.com. This procedure is final and irreversible, and will result in the deletion of the Account, as well as the personal data associated with it, under the conditions set out in the article “Personal data”.

In case of breach by the User of the obligations set out in these TOS, CitizenWave reserves the right, at its discretion and depending on the severity and duration of the breach found, to suspend or delete the Account, without prejudice to any other right and action of CitizenWave against the User, under the conditions set out in Article Non-respect of the TOS” of this contract.

4.4. User status

In order to be as close as possible to the needs of the Users, CitizenWave provides them with features according to their status.

The User determines its status(es), which may be :

Administrator of a personal page

  • Administrator of a certified page (acting on behalf of an association, company, community or NGO);
  • Member of a group or community;
  • Administrator of a group or community (hereinafter “Group Administrator”).

Depending on the status selected by the User, the latter may benefit from reserved functionalities such as the administration of a particular space or discussion group, a community or an interest group.

The choice of certain statuses is subject to validation by Users with administrative rights.

5. Description of services

The CitizenWave Application and Website allow the creation of a community dedicated to sustainable development.

They thus allow any User wishing to commit to :

  • Find environmental projects easily and be able to participate in them;
  • To create a unique place where Actors can connect around committed projects
  • Foster the sharing of knowledge and experience at local and global levels.

To this end, CitizenWave provides the following services to the Users of the Website and the Application.

5.1. Profile creation

The creation of an Account leads to the creation of a personal profile that the User concerned can use to distribute and share Content according to the options and settings chosen.

The User’s profile and the Content published by the User is visible to all other Users. Visitors have access to the Content published by the User but must authenticate themselves to access their profile.

The User can complete his or her profile by entering his or her identity, photograph or avatar, skills and interests.

Users may subscribe to others Users. These subscriptions appear on his or her profile.

5.2. Publication and interaction between Users and Actors

The Application allows Users to interact with the entire community of other Users and Stakeholders and to distribute and share with all or part of the Users and Stakeholders User Content, which includes, in particular, messages, ideas or lists of ideas sought, questions about an idea or list of ideas.

The Site and the Application allow Users to interact through various features such as:

  • Publish idea posts, idea lists and events or other User Content;
  • React to publications by liking, commenting and sharing them;
  • Adopt, comment and share an idea or other User Content;
  • Follow and share a list of ideas or other User Content;
  • Subscribe to another User or any other Actor;
  • Choose to participate in an event;

The User Content must be published in French and be related to the purpose of the CitizenWave Website and Application. They must only relate to lawful objects or activities and complywith article 6 of the present TOS.

The User Content published on the Site and on the Application may be viewed by any Visitor. However, the possibility of responding to User Content and exchanging views with its author is only offered to Users.

The User Content is published in the proposed news feeds as soon as possible. CitizenWave does not guarantee the order of the publications. Depending on the personalization made for the User, the User Content corresponding to his/her preferences may be highlighted.

CitizenWave may publish content sponsored by partners. This content will be identified as such.

The publication of any User Content is strictly reserved to individuals and associations free of charge.

Three news feeds corresponding to the continuously updated list of the User’s preferences and subscriptions and allowing him to view content and interact with other Users are also made available to Users. The User therefore accepts that these Services may be used by other Users in relation to him/her, in particular that comments may be associated with his/her Content as a result of the provision of these interaction Services.

The User acknowledges that he/she may not use this Interaction Service to offer products or services on a professional basis and/or unrelated to the purpose of the CitizenWave Website, such as commercial links or offering money lending services.

5.3 Teams (Service available soon)

Teams allow communication on common interests and ideas. The Site and the Application offer the User the possibility of :

  • Create and join a group, it being understood that access to the teams may be subject to approval of the membership application by the Teams Administrator; or
  • Share User Content, create or participate in discussions within teams of which the User is a member, it being understood that by posting User Content within a team, the User agrees that other members of the team may have access to it.

A User’s creation of and participation in a discussion within a team is conditional upon the User’s membership in that team and the ability to like, comment, post or share User Content in that team.

Sharing User Content from a private team is not possible outside that team.

It is up to the User who wishes to publish User Content as part of a discussion within a team to check beforehand which Users may have access to it. By publishing User Content in a team, the User accepts that the other members of the team may have access to it.

5.4 E-mail notification/alerts

Notifications are news about the User’s activity on CitizenWave.

The User may agree or decline upon first launch of the application to receive email notifications and alerts at the email address they provided upon registration. This Service is managed by the phone’s standard n otifications management service.

The User may at any time remove and/or add these notifications and email alerts in the phone’s system menu provided for this purpose.

6. Bonds

6.1 Obligations of the User

The User guarantees CitizenWave that he/she holds all the rights and authorizations necessary to publish User Content on the Application and on the Website.

The User also guarantees CitizenWave that the User Content he/she puts online on the Application and on the Website respects the legal and regulatory provisions in force and in particular does not constitute a violation of the intellectual property rights of third parties, an infringement of people’s rights (in particular defamation, insults, insults, etc.), of the right to the image of goods and/or people and to the respect of private life, or an infringement of public order and/or morality. In this respect, the User shall refrain from publishing User Content likely to constitute, in particular, an apology for crimes against humanity, incitement to commit acts of terrorism and their apology, incitement to racial hatred, hatred towards persons on the grounds of their sex, sexual orientation or identity or their disability, as well as child pornography, incitement to violence, in particular incitement to sexual and sexist violence, as well as attacks on human dignity. The User shall also refrain from publishing User Content that may constitute incitement to hatred towards an individual or a community because of their religious beliefs.

The User agrees to interact with other Users in a courteous and friendly manner.

User Content posted by the User shall be consistent withtheseventeen Sustainable Development Goals set forth by the United Nations, as explainedon our site (https://www.citizenwave.com/a-propos/notre-philosophie/) and details of which are available here : https://www.un.org/sustainabledevelopment/fr/.

In addition, the User is expressly prohibited from using the Application and/or the Site:

  • for an unlawful purpose and/or contrary to these TOS;
  • in order to encourage any illegal activity or any other activity that infringes the rights of CitizenWave, other Users or any third party;
  • in a way that would disrupt or damage the Application or the Site, the Services offered by CitizenWave, including but not limited to introducing viruses or other malware; or
  • for the purpose of referencing offers of goods or services in any capacity.

The User undertakes not to borrow the identity of another User.

The User undertakes to report to CitizenWave any non-conforming use or any failure of the Site and/or the Application that he/she would have noticed via the “Report undesirable content” button or by email at report@www.citizenwave.com

6.2 Obligations of CitizenWave

CitizenWave commits, within the framework of an obligation of means, to provide access to the Application and/or Site and to the Services in compliance with the present TOS and to act with diligence by implementing, within a reasonable limit, the measures aimed at remedying any malfunction brought to its attention.

The User acknowledges and accepts that CitizenWave may be obliged to interrupt access to the Application and/or the Website and/or the Services in order to carry out technical or maintenance work, whatever the origin or the cause, without any liability on the part of CitizenWave. Insofar as possible, CitizenWave will inform the Users on the homepage of the Application and the Site as soon as possible, and will use all reasonable means to reduce the period of unavailability of the Application, the Site and/or the Services.

7. Responsibilities

7.1 Responsibility of the User.

The User is solely responsible for his use of the Site and the Application and for complying with the obligations incumbent upon him under the terms of these GCU.

In this respect, the User guarantees CitizenWave against any complaint, claim, action, demand and/or recourse of any kind that other Users and/or third parties may have against CitizenWave due to the User’s breach of his obligations under the terms of the present TOS, or, more globally, due to his use of the Website, the Application and the Services. The User undertakes to compensate CitizenWave for any prejudice and damage that the latter may suffer and to pay all the costs it may have to bear as a result.

7.2. Responsibility of CitizenWave

CitizenWave’s liability towards the User can only be engaged for facts directly attributable to CitizenWave and causing a direct damage to the User.

CitizenWave shall not be held liable to the User under any circumstances for :

  • of indirect damage, recognised as such by the French courts;
  • injury resulting from misuse or use of the Site, Services and Application not in accordance with these TOU, or
  • a loss resulting from acts attributable to the User, to any other User or to any third party.

CitizenWave is not the editor of the User Content. CitizenWave only assumes the responsibility of a host in the sense of the law for confidence in the digital economy n°2004-575 of 21-6-2004, the User Content published by the Users. CitizenWave is therefore not legally bound to any general obligation of monitoring the User Content published online or hosted on the Website and the Application.

The User acknowledges and accepts that CitizenWave has no a priori control over the User Content published on the Application. CitizenWave cannot guarantee the accuracy, the quality, the truthfulness and the reliability of the User Content. CitizenWave cannot be held responsible for the said User Content..

CitizenWave is not the editor of the content exchanged between the Users, CitizenWave does not exercise any a priori control on this content. CitizenWave acts only as a technical intermediary allowing the exchange of this content, which the User acknowledges and expressly accepts. As such, as a mere technical provider, CitizenWave declines any responsibility regarding the information communicated between Users and Actors, and in particular regarding the accuracy, adequacy, completeness and quality of the information provided.

Insofar as the Application may contain content that includes links to third party applications and/or websites over which CitizenWave has no control, the User acknowledges and accepts that CitizenWave cannot be held responsible for the content of these third party applications and/or websites.

The User acknowledges and accepts that CitizenWave cannot be held responsible for any inconvenience or damage related to the use of the Internet network, and in particular, without this list being exhaustive, the bad transmission and/or reception of any data and/or information on the Internet, the failure of any reception equipment or communication lines, any malfunction of the Internet network preventing the proper functioning of the Application, the Website and/or the Services.

8. Intellectual property

8.1 CitizenWave’s intellectual property

The User acknowledges that CitizenWave remains the exclusive owner of the Website and the Application, as well as of all the elements that compose them, including, but not limited to, all texts, graphics, images, logos, names, denominations, trademarks, techniques, know-how, sounds, photographs, videos, drawings, data, object code and source code, as well as all related rights, in particular intellectual property rights.

Access to and/or use of the Application and/or the Site does not constitute recognition of any right whatsoever and, in general, does not confer on the User any intellectual property right relating to any element of the Application and/or the Site. In particular, the User is not allowed to download, copy, alter, modify, adapt, delete, distribute, transmit, disseminate, sell, rent, license or exploit the elements of the Application and/or the Website, as mentioned in the previous paragraph, in whole or in part, in any way whatsoever, without the express and prior consent of CitizenWave.

CitizenWave grants to the User, under the conditions described in the present TOS, a strictly personal, non-exclusive, non-transferable and non-sublicensable right to access and use the Website and the Application, for a use strictly in accordance with the present TOS. This right is granted free of charge and for the duration of the User’s Account.

8.2 Intellectual property of the User.

In the context of the use of his Account, the User may publish and/or upload documents on the Site or the Application of any nature (the “User Content”).

In this regard, the User warrants that (i) it holds all rights or has obtained all necessary permissions (including, without limitation, image rights permissions) to publish and/or upload the User Content, and (ii) the User Content it provides does not infringe any third party rights, including the intellectual property rights of third parties.

CitizenWave does not acquire any ownership rights on the User Content. However, the User grants to CitizenWave, for the duration of the hosting of the User Content on the Site and ten (10) years after the termination of the Account by the User, a worldwide, free and non-exclusive license to use the User Content, whether or not the elements composing said User Content are protected by an intellectual property right, allowing CitizenWave to use, reproduce, represent, on any media, by any means, all or part of the User Content for the purpose of providing the Services as well as for any other purpose, including commercial and non-commercial.

9. Non-compliance with TOS

In case of breach of the User’s obligations under these TOS and/or any applicable law or regulation, CitizenWave reserves the right to take any action it deems appropriate and in particular to remove any non-compliant User Content, delete the User’s account, after notification of the breach or, in case of a breach that can be corrected, after a prior formal notice to comply within a reasonable period of time, remaining without effect within a reasonable period of time as indicated in the said formal notice.

Any breach by the User that may affect the confidentiality, the intellectual property rights, and/or the security of the Site and/or the Application constitutes a serious breach, against which CitizenWave may take the above mentioned measures immediately after notification of the breach to the User.

The measures described in the present Article are without prejudice to any other right and recourse of CitizenWave, in particular the damages to which CitizenWave could claim.

10. Personal data

CitizenWave, as the data controller, is committed to protecting the privacy and personal data of Users in accordance with legal requirements and in particular the Regulation n°2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the Law n°78-17 of 6 January 1978 relating to data processing, files and freedoms.

Information about how CitizenWave protects Users’ personal data, which it collects in the course of downloading and using the Application, and the commitments CitizenWave has made to ensure that Users’ personal data is respected is the subject of a separate Privacy and Personal Data Protection Policy, which is available on the Privacy Policy.

11. Force majeure

In the event of an event of force majeure, as defined in Article 1218 of the Civil Code, resulting in a temporary impediment to performance for one of the parties, the respective obligations of the parties shall be suspended and neither party shall incur any liability as a result.

If the event of force majeure lasts for more than thirty (30) consecutive days, and/or if, as soon as it occurs, it leads to a definitive impediment to performance for one of the parties, the party to which the event of force majeure is opposed shall be entitled to terminate these GCU as of right.

12. Miscellaneous

12.1 Assignment

The User acknowledges and accepts that CitizenWave can freely transfer the present GTU and all the rights and obligations attached to it to any third party, without prior written consent of the User. The User accepts that such transfer releases CitizenWave for the future.

12.2 Non-waiver

The fact that CitizenWave does not avail itself at a given time of any stipulation cannot be considered as a waiver of the benefit of this stipulation or of the right to avail itself later of this stipulation and/or to claim compensation for any breach of this stipulation.

12.3 Independence

The User acknowledges and accepts that the TOS does not create any subordination, agency, association or joint venture between CitizenWave and the User. CitizenWave and the User each in their own name and for their own account, without power to bind the other in any way whatsoever.

12.4 Divisibility

If any provision of the TOS is held to be invalid or unenforceable and declared to be so by any law, regulation or final decision of a competent court, such provision shall be deemed to be unwritten, without affecting the validity of the remaining provisions, and shall be replaced by a valid provision of equivalent effect, which the parties agree to negotiate in good faith.

12.5 Assistance – Information – Complaints

Any request for information, clarification, assistance, any complaint relating to the Services, the Site and/or the Application must be addressed to CitizenWave by e-mail or by post to the address and phone number mentioned in the preamble of the present TOS.

12.6 Applicable law and jurisdiction clause

These GTC are governed by French law.

In the event of a dispute between a User and CitizenWave not settled within one (1) month from the receipt by CitizenWave of a written complaint from the User addressed to CitizenWave under the conditions of article 11.5 above, each party may bring the dispute before the competent French courts, it being specified that the User may resort to any alternative dispute resolution method and in particular to a mediation procedure by accessing the European platform for online dispute resolution at the following address: http://ec.europa.eu/odr which will attempt an amicable resolution.