Terms Of Use

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Terms of Use Agreement ("Agreement") is entered into by and between UAB Walk15, registered address Islandijos g. 6, LT-01401 Vilnius, Lithuania ("Company") and you, and is made effective as of the date of your use of the website https://walk15.app/ and / or the date when you create an account on mobile application #walk15 ("Walk15") or the date of electronic acceptance.

This Agreement sets forth the general terms and conditions of your use of https://walk15.app/, mobile application #walk15 as well as the products and/or services purchased or accessed or starting using through Walk15, including the option to donate to organisations through challenges (the "Services"). Whether you are simply browsing or using #walk15, your use of Walk15 and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement and our Privacy policy. The terms "we", "us" or "our" shall refer to Company. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, uses Walk15, has access or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to Walk15. Your use of Walk15 or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) WALK15 OR THE SERVICES.

2. ELIGIBILITY

By using Walk15 or the Services and / or by creating an account on the mobile app #walk15, you represent and warrant that you are not a person barred from receiving the Services found under the laws of the Lithuania or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement.

3. RULES OF USER CONDUCT

By using Walk15 You acknowledge and agree that:

• Your use of this Walk15, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
• When using the provided services, You are responsible for his own safety and must take all possible steps to protect the environment and the property of others. You are responsible for any damage caused by You to third parties using Walk15;
• All the promotions and/or deals offered in the "Step wallet" are the responsibility of the third party that offers the specific deal and/or promotion (specific service provider);
• All fundraising campaigns to which you can donate through challenges are the responsibility of the organisation that receives the donations, as set out in section 4 (Donations);

You will not use Walk15 in a manner that:

• Is illegal, or promotes or encourages illegal activity;
• Promotes, encourages or engages in child pornography or the exploitation of children;
• Promotes, encourages or engages in terrorism, violence against people, animals, or property;
• Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
• Infringes on the intellectual property rights of another User or any other person or entity;
• Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
• Interferes with the operation of Walk15;
• Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware;
• may use Walk15 or any content contained in Walk15 for any commercial purposes without our written consent;
• may offend or harm other users;

You will not:

• copy or distribute in any medium any part of Walk15, except where expressly authorized by Company,
• modify or alter any part of Walk15 or any of its related technologies,
• access Company's Content (as defined below) or User Content through any technology or means other than through Walk15 itself;
• commit and / or take any other action that may constitute fraud (falsification of steps, submission of known false information, use of a payment method you are not authorised to use, etc.);

4. DONATIONS

4.1 Donation feature. Some challenges in the #walk15 app allow you to make a voluntary donation to the organisation named on the challenge page (the "Beneficiary"). Donations are made in euro, in the amount you choose, and only if you tap the donation button and complete the payment.

4.2 Nature of a donation. A donation is a voluntary gift to the Beneficiary. It is not a purchase of goods, services, digital content or any benefit from Walk15 or the Beneficiary, and it does not entitle you to any reward, ranking advantage or other consideration in the app.

4.3 Our role and the Beneficiary's responsibility. Walk15 provides the technical platform and collects donations on behalf of the Beneficiary through its payment service provider, then transfers them, less the platform fee, to the Beneficiary. Walk15 is not the organiser of the fundraising campaign and is not the Beneficiary. The Beneficiary alone is responsible for the content and accuracy of its campaign, for the use of the funds it receives and for its own legal and tax obligations. Walk15 does not verify all information provided by Beneficiaries and does not guarantee how they will use donations. Walk15 may suspend or remove a campaign at any time if it has reasonable grounds to believe that the campaign or the Beneficiary breaches the law, these Terms or its agreement with Walk15. The Beneficiary is not a party to this Agreement.

4.4 Payment processing by Mollie. Donation payments are processed by Mollie B.V., Keizersgracht 121, 1015 CJ Amsterdam, the Netherlands ("Mollie"), an electronic money institution licensed by De Nederlandsche Bank, using the payment methods offered at checkout. When you donate, you leave the #walk15 app and enter your payment details on the payment page operated by Mollie; Walk15 does not see or store your card or bank details. The payment may appear on your card or bank statement under Walk15's trading name and/or with a reference to Mollie. Mollie's terms are available at https://www.mollie.com/legal and its privacy statement at https://www.mollie.com/legal/privacy.

The following matters are handled by Mollie under its own terms and privacy statement, and not by Walk15:

• the operation of the Mollie payment page and the processing of your payment;
• Mollie's fraud screening and payment authentication (such as 3D Secure), and any decision by Mollie to decline, hold or reverse a payment, including decisions taken by automated means;
• Mollie's own processing of your personal data as an independent controller. You can exercise your data protection rights regarding that processing directly with Mollie at [email protected], or contact Mollie's data protection officer at [email protected].

Your payment method (card, bank account, PayPal or other) is governed by the terms of its provider. Questions about your account with that provider, its charges or a dispute of a payment (chargeback) should be addressed to your provider. Information on why Mollie may appear on your bank or card statement is available at https://www.mollie.com/consumers.

Walk15 is not responsible for the acts, omissions, decisions, outages, delays or errors of Mollie, banks, card schemes or other payment providers, or for Mollie's processing of personal data for its own purposes. To process your payment, personal data relating to you is shared with Mollie, as described in section 2.5 of the Walk15 App Privacy Policy; by donating, you consent to this sharing to the extent consent is required. Questions about the donation itself (the amount, the Beneficiary, the platform fee or a refund under section 4.7) should be sent to Walk15 at [email protected].

4.5 Amount, currency and platform fee. The amount you select is the amount you pay; no additional charge is added at checkout. Walk15 deducts a platform fee of 8% of each donation, which covers payment-processing costs and the operation of the donation feature. The remaining amount is transferred to the Beneficiary. The applicable platform fee is shown to you before you pay; Walk15 may change the fee for future donations. Donations are charged in euro; any currency conversion or other charges applied by your bank or card issuer are your responsibility.

4.6 Transfer to the Beneficiary. Walk15 transfers the donated funds, less the platform fee, to the Beneficiary after the end of the challenge and once the funds have been settled to Walk15 by Mollie. Walk15 may delay or withhold a transfer, in whole or in part, for as long as reasonably necessary if Mollie holds, reserves or reverses the funds, while a suspected fraud, chargeback, complaint or legal requirement is being investigated, or if the Beneficiary breaches its agreement with Walk15 or applicable law.

4.7 Withdrawal and refunds. Because a donation is a gift and is executed immediately, to the extent any statutory right of withdrawal applies you expressly request immediate execution and acknowledge that the right of withdrawal ends once the donation is completed. Donations are non-refundable. Exceptions are: a duplicate payment, an unauthorised payment, a technical error attributable to Walk15 or its payment service provider, and a cancelled challenge (see section 4.9). Refund requests must be sent to [email protected] within 30 days of the payment, with the payment date and amount. Approved refunds are paid to the original payment method through Mollie.

4.8 Chargebacks. If you believe a donation was made in error or without your authorisation, please contact [email protected] before disputing the payment with your bank. If a payment is reversed (chargeback), Walk15 may deduct the reversed amount and any related costs from the amount payable to the Beneficiary. If you initiate a chargeback without valid grounds, Walk15 may suspend your use of the donation feature or your account and, to the extent permitted by law, recover the costs incurred.

4.9 Cancelled challenges and unavailable Beneficiaries. If a challenge is cancelled before it ends, or the Beneficiary cannot receive the funds, Walk15 may refund the donations affected to the original payment method.

4.10 Your confirmations. By donating, you confirm that you are authorised to use the payment method you choose and that the funds are lawfully yours. Mollie states that it does not intend to collect personal data of minors; if you are under 18, the donation must be made by your parent or legal guardian.

4.11 Fraud prevention and legal compliance. Walk15 may refuse, limit, suspend or reverse a donation, set limits on donation amounts, or ask you for information if it suspects fraud, money laundering, misuse of a payment method or a breach of law or of these Terms. Walk15 may share relevant information with Mollie, banks, card schemes and competent authorities where this is necessary to process, investigate or dispute a payment or is required by law.

4.12 Receipts and taxes. Walk15 does not issue tax receipts for donations. The Beneficiary may do so if it chooses or is required to. You are responsible for any tax treatment of your donation.

4.13 Liability for donations. To the extent permitted by law, Walk15's total liability to you in connection with a donation is limited to the amount of that donation, and Walk15 is not liable for the acts or omissions of the Beneficiary (including its use of funds), of Mollie, banks or card schemes, or for delays outside its reasonable control. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for intent or gross negligence, or your mandatory rights as a consumer.

4.14 Complaints and our details. Donations are collected by UAB Walk15, company code 305208218, Islandijos g. 6, LT-01401 Vilnius, Lithuania. If you have a complaint about a donation, contact [email protected]. We will respond within 14 days. Complaints about how a Beneficiary uses funds, or about the content of its campaign, should be addressed to the Beneficiary.

5. OTHER USERS’ CONTENT

Although the Company reserves the right to review and remove any User related information provided by the User that violates this Agreement, such content is the sole responsibility of the User who posts it, and the Company cannot guarantee that all content will comply with this Agreement. If you see content on Walk15 that violates this Agreement, please report it by contacting us at [email protected].

6. INTELLECTUAL PROPERTY

In addition to the general rules above, the provisions in this Section apply specifically to your use of Company’s Content posted to Walk15. Company’s Content on Walk15, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Content"), are owned by or licensed to UAB Walk15 or by persons associated with UAB Walk15 in perpetuity, and are subject to copyright, trademark, and/or other intellectual property protections.

Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark or other proprietary right or license is granted by this Agreement.

Walk15 may also contain third-party intellectual property, i.e. trademarks, domain names, etc. The Company notes that it uses this intellectual property on lawful grounds.

7. LINKS TO THIRD-PARTY SITES

Walk15 may contain links to third-party websites that are not owned or controlled by Company, including the payment page of our payment service provider. Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Company does not censor or edit the content of any third-party websites. By using Walk15 you expressly release Company from any and all liability arising from your use of any third-party websites. Accordingly, Company encourages you to be aware when you leave Walk15 and to review the terms and conditions, privacy policies, and other governing documents of each other websites that you may visit.

8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

You specifically acknowledge and agree that your use of Walk15 shall be at your own risk and that Walk15 is provided "as is", "as available" and "with all faults". Company, its officers, director, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of Walk15, (ii) the accuracy, completeness, or content of any websites linked (through hyperlinks, banner advertising or otherwise) to Walk15, and/or (iii) the services found at Walk15 or any websites linked (through hyperlinks, banner advertising or otherwise) to Walk15, and company assumes no liability or responsibility for the same.

In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Company, its officers, director, employees, or agents, and third-party service providers will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to Walk15 or the services found at Walk15, and users should not rely on any such information or advice.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement or your use of Walk15 or the Services found at Walk15.

9. LIMITATION OF LIABILITY

In no event shall Company, its officers, director, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any damages that may result from (i) the accuracy, completeness, or content of Walk15, (ii) the accuracy, completeness, or content of any websites linked (through hyperlinks, banner advertising or otherwise) to this Walk15, (iii) the Services found at Walk15 or any website linked (through hyperlinks, banner advertising or otherwise) to Walk15, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any interruption or cessation of Services to or from Walk15 or any websites linked (through hyperlinks, banner advertising or otherwise) to Walk15, (vii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this Walk15 or any websites linked (through hyperlinks, banner advertising or otherwise) to Walk15, (viii) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, "x-rated", obscene or otherwise objectionable, and/or (ix) any loss or damage of any kind incurred as a result of your use of Walk15 or the services found at Walk15, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not company is advised of the possibility of such damages.

In addition, you specifically acknowledge and agree that any cause of action arising out of or related to Walk15 or the Services found at this Walk15 must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement or your use of Walk15 or the Services found at Walk15.

10. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Company and its officers, director, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to Walk15; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Walk15 or the Services found at Walk15.

11. DATA TRANSFER

If you are visiting Walk15 from outside the European Union, your communications with us may result in the transfer of information across international boundaries. By visiting Walk15 and communicating electronically with us, you consent to such transfers.

12. AVAILABILITY OF WALK15

Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Walk15 on 24/7 basis. You acknowledge and agree that from time to time Walk15 may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.

You acknowledge and agree that we have no control over the availability of Walk15 on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

13. DISCONTINUED SERVICES

Company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Company makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by Company. Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to. This does not limit your rights under sections 4.7 and 4.9 (refunds and cancelled challenges).

14. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

15. COMPLIANCE WITH LOCAL LAWS

Company makes no representation or warranty that the content available on Walk15 are appropriate in every country or jurisdiction, and access to Walk15 from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access Walk15 are responsible for compliance with all local laws, rules and regulations.

16. GOVERNING LAW

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Republic of Lithuania, to the exclusion of conflict of law rules.

17. DISPUTE RESOLUTION

The courts of the Republic of Lithuania shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation.

18. TITLES AND HEADINGS

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

19. SEVERABILITY

Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

20. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

UAB Walk15

Islandijos g. 6, LT-01401 Vilnius

Lithuania

[email protected]