Terms of Use

1. Purpose

These Terms of Use (hereinafter the "Terms") set out the conditions under which you may access and use the Werugo mobile application (hereinafter the "App"), published by WERUGO LIMITED, a company incorporated in Malta (hereinafter "Werugo", "we", "our" or "us"), as well as the rights and obligations of its users (hereinafter the "User" or "you").

The App is available as a free download on the Apple App Store (iOS) and Google Play (Android). Using the App implies full and unreserved acceptance of these Terms.

2. Definitions

• App: the Werugo mobile application for iOS and Android.
• Account: the personal account created by the User to access the services of the App.
• Professional: any merchant, restaurant operator, event organiser, leisure venue operator or other service provider offering its services through the App.
• Offer: a service (meal, activity, event, leisure experience, etc.) published by a Professional and bookable through the App.
• Reservation: the commitment made by a User to benefit from an Offer on a given date and time, confirmed in the App.
• Group Pool (cagnotte): a feature allowing several Users to jointly fund a common Reservation, under the conditions set out in the Terms of Sale.
• User Content: any information, text, photograph, review, rating or data posted by a User within the App.

3. Publisher

The App is published by WERUGO LIMITED, whose details are set out in the Legal Notice.

4. Acceptance and Amendment of the Terms

Access to the App and the use of its features are subject to the unreserved acceptance of these Terms. By creating an Account and/or using the App, you acknowledge that you have read and accept these Terms.

Werugo reserves the right to amend these Terms at any time. Users will be informed of any material change by in-app notification or e-mail at least fifteen (15) days before the new Terms come into force. Continued use of the App after that date constitutes acceptance of the amended Terms.

5. Registration and User Account

5.1. Eligibility

Registration is reserved for natural persons aged at least thirteen (13) years. Minors below the age of fifteen (15) must obtain prior authorisation from their legal representatives, in accordance with Article 8 of the GDPR. Certain Offers (in particular nightlife venues or premises serving alcohol) are restricted to users of legal age in the relevant jurisdiction and may be subject to additional verification.

5.2. Creating an Account

To create an Account, the User must provide a valid e-mail address or mobile phone number, a password, their first and last name, their date of birth, and accept these Terms and the Privacy Policy. The User undertakes to provide information that is accurate, complete and up to date.

5.3. Confidentiality of Credentials

The User is solely responsible for keeping their login credentials confidential and for all actions carried out from their Account. The User undertakes to notify Werugo immediately of any unauthorised use of their Account at contact@werugo.app.

5.4. One Account per User

Each User may only create one Account. Creating multiple accounts or using a false identity may result in the suspension or deletion of the Account(s) concerned.

6. Services Offered

The App allows the User in particular to:

• discover Offers from local Professionals (restaurants, activities, events, nightlife, sports, etc.);
• make Reservations, with on-site validation via a QR code;
• create and join Group Pools with friends to share the cost of a Reservation;
• view, rate and review Offers and Professionals;
• publish content (reviews, photographs, comments);
• manage their reservations, participations and history in a personal wallet;
• receive notifications relating to their reservations and activity.

The financial terms relating to Reservations, Group Pools, payments and refunds are set out in the Terms of Sale.

7. Role of Werugo — Intermediary

Werugo acts as a technical intermediary connecting Users and Professionals. The delivery of the reserved service is the sole responsibility of the Professional. Werugo is not a party to the service contract concluded between the User and the Professional and provides no warranty as to the quality, safety or lawfulness of Offers published by Professionals.

8. User Content

8.1. Licence granted to Werugo

By posting User Content, the User grants Werugo a non-exclusive, royalty-free, worldwide licence, for the entire statutory protection period, to host, reproduce, adapt, translate and display such content, solely for the purposes of operating and promoting the App.

8.2. User Responsibility

The User warrants that they hold all rights necessary over the User Content they post and that such content does not infringe the rights of any third party. The User remains solely responsible for the content they post.

8.3. Prohibited Content — Zero-Tolerance Policy

The User must not post, share or transmit any content that:

• is insulting, defamatory, racist, xenophobic, sexist, homophobic, discriminatory or hateful;
• is pornographic, obscene, violent or otherwise shocking;
• incites violence, terrorism, self-harm, use of illegal substances or any illegal act;
• infringes the privacy, image, honour or reputation of any person;
• infringes the intellectual property rights of third parties;
• contains a virus or any malicious code;
• depicts a minor in an inappropriate context;
• is intended to harass, threaten or intimidate other Users.

8.4. Reporting and Moderation

The App provides a mechanism allowing any User to report any User Content they consider contrary to these Terms or to applicable law, as well as a mechanism allowing Users to block another User. Werugo undertakes to review reports within a maximum of twenty-four (24) hours and to take any appropriate measures, which may include the removal of content and the suspension or deletion of the Account of the User concerned.

Werugo acts as a hosting provider and does not carry out any systematic prior editorial review of User Content. Any content which is manifestly unlawful must be reported to contact@werugo.app.

9. User Obligations

The User undertakes to:

• use the App in good faith, in accordance with its intended purpose and with these Terms;
• comply with applicable law and with the rights of third parties;
• honour the Reservations they make or, failing that, cancel them within the allowed timeframes;
• not disrupt the operation of the App (reverse engineering, intrusion attempts, mass data extraction, etc.);
• not use the App for any unauthorised commercial purposes (resale of reservations, scraping, advertising, solicitation).

10. Intellectual Property

The App, its trademark, logos, interface, source code and all elements making it up are the exclusive property of WERUGO LIMITED. Werugo grants the User a personal, non-exclusive, non-transferable and revocable right to use the App, limited to their personal and non-commercial needs, for the duration of their registration.

11. Service Availability

Werugo uses its best efforts to keep the App accessible 24/7, without being bound by any obligation of result. The App may be subject to temporary interruptions for maintenance, updates or in the event of force majeure, without the User being entitled to any compensation.

12. Liability

Werugo shall not be held liable for any indirect damages resulting from the use of, or inability to use, the App. Werugo's liability cannot be engaged in the event of:

• non-performance or improper performance of a service by a Professional;
• content published by other Users;
• temporary interruption or unavailability of the App;
• loss of data resulting from a malfunction of the User's device;
• use of the App that does not comply with these Terms;
• force majeure.

The foregoing provisions do not limit the mandatory rights granted to consumers under applicable law.

13. Suspension and Termination

The User may delete their Account at any time from the App's settings or by following the procedure described on the Account Deletion page.

Werugo reserves the right, without prior notice or compensation, to suspend or delete the Account of any User in the event of a breach of these Terms, abusive or fraudulent behaviour, or upon the request of competent authorities. In the most serious cases, Werugo may initiate any appropriate legal action.

14. Links to Third-Party Services

The App may contain links to, or integrations with, third-party services (Google Maps, Stripe, etc.). Werugo does not control these services and assumes no responsibility for their content or practices. The use of these services is governed by their own terms.

15. Personal Data

The processing of Users' personal data is described in the Privacy Policy, which forms an integral part of these Terms.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of Malta. In the event of a dispute and failing an amicable settlement, the courts of Malta shall have exclusive jurisdiction, without prejudice to the mandatory rules of procedure more favourable to consumers in their country of residence, pursuant to Regulation (EU) No 1215/2012 (Brussels I bis).

17. Contact

For any question relating to these Terms:
E-mail: contact@werugo.app