WINTER ARC — General Terms and Conditions of Use and Sale (“Terms”)

Status of this document. Full version drafted for review by a lawyer before publication. Passages in square brackets [TO BE COMPLETED] are factual data to be filled in. The “⚠️ LAWYER” boxes flag points where a legal decision is required. This text is drafted for structure A (a service price, no redistribution of money between participants — see the legal memo, workstream A): it must not be published alongside a landing page that still promises any “loot”.

Version: 1.0 — [PUBLICATION DATE]. Applicable to Arc I (1 October – 29 December 2026). Courtesy translation of the French original.

Article 1 — Publisher and purpose

1.1. The “Winter Arc” website and application (hereinafter “the Service”), available at [URL], are published by [FIRST NAME LAST NAME], sole trader (micro-entrepreneur under French law), registered under SIREN number [No.], domiciled at [ADDRESS], e-mail: [EMAIL] (hereinafter “the Publisher” or “we”). (Company variant: [COMPANY NAME], a French SASU with share capital of €[X], registered with the [CITY] Trade and Companies Register under No. [No.], registered office at [ADDRESS], represented by its President [NAME].)

1.2. These general terms and conditions (“Terms”) govern access to the Service and the sale of participation in an “Arc”. Any order implies their acceptance, evidenced by a checkbox ticked before payment. They are made available on a durable medium (confirmation e-mail) in accordance with Articles L.221-5 et seq. of the French Consumer Code.

1.3. The Service is intended for consumers: adult natural persons acting for private purposes.

Article 2 — Definitions

Article 3 — Conditions of access

3.1. Age. The Service is strictly reserved for persons aged 18 or over on the day of the order. The date of birth is declared at registration; the Publisher reserves the right to request proof in case of doubt and to terminate, with a full refund, any account belonging to a minor.

3.2. Physical fitness. The Service provides a framework for exercise consistency, not a training program. Before ordering, the Participant certifies: (a) having read the health warning in Article 12; (b) having completed the self-assessment questionnaire offered at registration (based on the French QS-SPORT health questionnaire, Cerfa No. 15699*01, or an equivalent questionnaire in their country); (c) that in the event of a positive answer to any question in that questionnaire, they will consult a doctor before the Arc begins and will only take part with a favourable medical opinion. The answers to the questionnaire are not transmitted to the Publisher (local self-assessment); only the certification of having completed it is recorded.

⚠️ LAWYER: validate this “self-assessment not transmitted” choice (it avoids collecting health data at registration, but may weaken the Publisher's evidence of diligence). Alternative: keep only the binary attestation “I have completed the questionnaire and have no contraindication”, dated and time-stamped — which is the default solution adopted here.

3.3. Accuracy. The Participant warrants the accuracy of the information provided and that they hold the rights to the content they publish.

Article 4 — Account and pseudonym

4.1. Participation requires a personal account (e-mail + authentication). One account per person.

4.2. The Participant chooses a pseudonym, which will be their public identity within the Service (Wall, ranking, Cemetery). The pseudonym must not be their legal name nor directly identify a third party; the Publisher may require a change of any pseudonym that breaches this rule or public decency. The Participant's legal name is never displayed publicly.

4.3. The Participant is responsible for keeping their credentials confidential and for all actions carried out from their account.

Article 5 — Price and payment

5.1. The price of participation in an Arc is displayed in euros, all taxes included. (Micro-entrepreneur under the French VAT exemption scheme: “TVA non applicable, art. 293 B du CGI” — VAT not applicable, Article 293 B of the French Tax Code — to appear on receipts.) For Arc I, the price varies in successive waves announced on the order page (for example: first wave at €39, main wave at €59, final wave at €79); the applicable price is the one displayed at the time of the order. A change of wave does not affect the price of orders already paid.

5.2. Payment is made in one instalment, by bank card, through the payment provider Stripe. The Publisher stores no card data. The order is confirmed by a summary e-mail (durable medium) including these Terms, a summary of the Oath, and the withdrawal form.

5.3. What the price pays for. The price is consideration for access to the Service for the entire duration of the Arc: the tracking application (the Wall), the rules engine, the ranking, the community, the running of the Arc and its rituals (including the Cemetery). The price is neither a stake, nor a deposit, nor a wager: no winnings, no redistribution of money between Participants, and no cash prize is promised or awarded. The Fall (Article 8) does not deprive the Participant of access to the Service (Article 8.6).

5.4. The Survivor's Patch. Each Survivor receives, included in the price, a keepsake of the Arc (an embroidered patch or a “Survivor” keyring), shipped after the end of the Arc to the postal address they provide for that sole purpose (shipping within mainland France included; outside mainland France, a contribution to actual postage costs applies). This object has symbolic value (under €[5]), cannot be exchanged for money and is not replaced if lost. It is neither a prize nor winnings: it is presented, identical, to every Survivor, in consideration of their consistency alone, with no draw and no ranking.

⚠️ LAWYER: confirm that presenting an identical symbolic object to everyone who finishes (the “finisher's medal” logic, universal in entry-fee races) does not constitute an “expectation of winnings” within the meaning of Article L.320-1 of the French Internal Security Code — this is question No. 2 of the attached memo. Safeguards adopted as a precaution: low unit value, deterministic and egalitarian presentation, no “to be won” vocabulary in marketing, no prize differentiated by ranking.

Article 6 — Entry into force of the contract and start of the Service

6.1. The contract is concluded on the day of payment. Access to the personal area (preparing the Oath, pre-Arc community) opens immediately; the challenge itself runs from the first to the last day of the Arc.

6.2. By ordering, the Participant expressly requests that performance of the Service begin as soon as their order is confirmed (immediate access to the personal area and pre-Arc features), without waiting for the withdrawal period to expire, under the conditions of Article L.221-25 of the French Consumer Code. This request is evidenced by a dedicated checkbox (Appendix 2).

Article 7 — Right of withdrawal (cooling-off)

7.1. Principle. In accordance with Article L.221-18 of the French Consumer Code, the Participant has fourteen (14) days from the conclusion of the contract to withdraw, without giving any reason. Withdrawal is exercised by an unambiguous statement (e-mail to [EMAIL]) or using the model form attached as Appendix 1.

7.2. Effects. If withdrawal occurs before the first day of the Arc, the Participant is refunded in full, within 14 days at the latest, using the same means of payment. If withdrawal is exercised after the first day of the Arc (while the 14-day period is still running), a Participant who requested early performance (Article 6.2) is refunded pro rata for the part of the Arc not yet elapsed on the date of withdrawal, in accordance with Article L.221-25.

7.3. Commercial cancellation. Independently of the right of withdrawal, the Publisher grants every Participant the option to cancel their order free of charge and without giving any reason until 30 September 2026, 11:59 pm (Paris time), for a full refund.

7.4. Information. Once the Arc has ended (service fully performed), no further refund is due under the right of withdrawal (Article L.221-28, 1°).

⚠️ LAWYER — three decisions: (1) This structure does not rely on the “leisure activities provided on a specific date” exception (L.221-28, 12°). Following the CJEU judgment of 31 March 2022, C-96/21 CTS Eventim, that exception is justified by the risk of unsold capacity; an online service with near-unlimited capacity is a poor fit. If places are genuinely limited (closed cohort, human-run experience), the 12° could be argued in the alternative — decide. (2) The pro rata rule in Article 7.2 means a late buyer who withdraws on day 5 recovers ~85/90 of the price. That is the cost of compliance; the “free cancellation until 30/09” flow (7.3) greatly reduces the case. Confirm the pro rata calculation method (linear over 90 days). (3) Confirm that the immediate opening of the “pre-Arc” area (6.1) is sufficient to characterise a start of performance at the time of the order.

Article 8 — The Rules of the Arc

8.1. The Oath. Before the Arc begins, the Participant declares their challenge: a type of activity (free choice) and a numeric weekly quota, between 2 and 7 Sessions per week (only one Session counted per calendar day). Above 5 Sessions per week, a recovery warning is displayed and must be expressly dismissed. The Oath is locked on the first day of the Arc; it can subsequently be increased, never decreased (subject to Article 11).

8.2. Declaration. Each Session is performed and recorded the same day using the application's timer (Article 9). A Session not recorded the same day is deemed not to have taken place. In the event of a Service incident preventing recording, a declarative regularisation is allowed until [12 noon] the following day.

8.3. The Freeze. Each week of the Arc (Monday 00:00 to Sunday 23:59, Paris time) that ends with fewer validated Sessions than the Oath quota results in a Freeze, recorded automatically. The Freeze is final (subject to Articles 10 and 11) and displayed next to the pseudonym until the end of the Arc.

8.4. The Fall. On the third Freeze, the Participant falls: their pseudonym is removed from the ranking of the living and recorded in the Cemetery with the date of their Fall. There is no catch-up within the same Arc.

8.5. Incomplete weeks. The first and last weeks of the Arc, if incomplete, are counted pro rata, rounded in the Participant's favour (rule displayed in the application).

8.6. Effects of the Fall — important. The Fall is a game event, not a termination: a fallen Participant keeps full access to the Service until the end of the Arc (viewing the Wall, community, declaring “off-ranking” Sessions, end-of-Arc rituals). No additional amount is due, and the price paid, which is consideration for access to the Service for the entire duration of the Arc (Article 5.3), remains acquired by the Publisher. A fallen Participant additionally receives a [20%] discount on the next Arc.

⚠️ LAWYER: this architecture (the price pays for access that is never taken away) is designed to fall outside the black/grey lists of unfair terms in Articles R.212-1 and R.212-2 of the French Consumer Code (retaining sums for services not performed; see CCA recommendation No. 24-01 on for-profit sports clubs). Confirm its robustness, and the wording of 8.6.

Article 9 — Declaring Sessions (timer and description)

9.1. A Session is declared live: the Participant starts the session timer in the application at the beginning of their activity and stops it at the end. Start and end timestamps are recorded by the server; retroactive starts or after-the-fact entries are not possible (except for Service incidents, Article 8.2).

9.2. When the timer is stopped, the Participant indicates the type of activity and describes their Session in one or more sentences. This description is published on the Wall with their pseudonym; it must contain no health data, no real name of a third party, and no content contrary to Article 14.

9.3. Validity conditions for a Session: minimum duration of [20] minutes on the timer; only one Session counted per calendar day; only one timer active at a time; a timer left open for more than [8] hours is closed automatically without validation (the Session may be restarted the same day).

9.4. Honesty. The Service relies on declarations made on one's honour, framed by automatic plausibility checks (overlaps, manifestly abnormal durations or paces) which may lead to a simple request for explanation. Manifest or repeated fraud (“Perjury”) results in the invalidation of the Sessions concerned and, where applicable, the Fall, recorded as such, in compliance with the adversarial procedure of Article 10.

Article 10 — Automated decisions, contestation and human review

10.1. Freezes, the Fall and the ranking are calculated automatically by the rules engine from declared and validated Sessions alone. No human decision is involved in this calculation. The Participant is informed of this by these Terms and by the application; the calculation logic (quota, weeks, three-Freeze threshold) is fully described in Articles 8 and 9.

10.2. In accordance with Article 22 GDPR, the Participant has the right, for any automated decision producing significant effects concerning them (in particular a Fall or the invalidation of a Session), to obtain human intervention, to express their point of view and to contest the decision: by request to [EMAIL] or via the “Contest” button in the application, within 7 days of notification of the decision.

10.3. The review is carried out by a human being within 72 hours. It covers the facts (Sessions actually recorded, timestamps, evidence provided, technical incident, situations under Article 11). The review decision is reasoned and notified in writing. In the event of a proven error (bug, Session wrongly counted as missing), the Freeze or Fall is cancelled retroactively and the ranking recalculated.

10.4. In the event of suspected cheating (Article 9.4), the Participant concerned is informed of the evidence held against them and has 48 hours to respond before any decision. The standard applied is clear and convincing evidence: in case of doubt, the Session stands. Perjury decisions are recorded in an internal log; their reasons are communicated to the Participant concerned.

Article 11 — Recovery Pause, Wintered status, Withdrawal from the Arc

11.1. Recovery Pause (“white Freeze”). Once per Arc, the Participant may activate a pause of 7 consecutive days for health reasons (illness, injury) or a serious life event, upon simple declaration, without providing any medical certificate. The week concerned is neutralised: it counts neither towards a Freeze nor towards the quota. The pause is shown on the Wall with a neutral status (“recovering”), with no mention of the reason.

11.2. Wintered status. If the incapacity extends beyond the pause, the Participant may request Wintered status by producing a medical certificate (or a detailed statement where that is impossible). A Wintered Participant leaves the ranking without being recorded in the Cemetery, keeps access to the Service, and receives a credit of 100% of the price paid, valid for one of the next two Arcs. The certificate is processed in accordance with the privacy policy (health data: explicit consent, limited retention, restricted access).

⚠️ LAWYER: validate handling the Wintered case with a credit rather than a refund (the service having been partially provided). Should a pro rata refund be provided for early Wintering (before day 15, for example) to make the clause more robust?

11.3. Voluntary Withdrawal from the Arc. The Participant may withdraw from the Arc at any time, without giving any reason, from within the application. Withdrawal removes the Participant from the ranking. They are not recorded in the Cemetery if the withdrawal is for medical reasons or occurs before their first Freeze; in other cases, they appear in the Cemetery with the neutral mention “withdrawal”. Withdrawal from the Arc gives no right to a refund (outside Articles 7 and 11.2), access to the Service remaining acquired until the end of the Arc.

11.4. No disguised penalty. None of the situations in this article entails any fee, financial penalty or loss of access.

Article 12 — Health and safety — warning

12.1. Winter Arc values consistency, not dangerous overexertion. The Service provides no training program, no medical advice and no individual coaching; each Participant freely chooses their activities and their quota, at their own responsibility.

12.2. The Participant undertakes to: consult a doctor in the event of unusual pain, injury, faintness or illness; never train against medical advice; use the Recovery Pause (Article 11) rather than training while ill or injured — that is precisely what it is for.

12.3. The application displays prevention messages, in particular: when choosing a quota above 5 Sessions/week; after [21] consecutive days of activity without a rest day; when declared Sessions reach a manifestly excessive cumulative duration. These messages do not constitute medical advice.

12.4. Useful numbers in an emergency (France): 15 (SAMU) / 112 (European emergency number). In the event of psychological distress: 3114 (French national suicide-prevention line, free, 24/7). Outside France, use your local emergency numbers.

Article 13 — Publication of the pseudonym, the ranking and the Cemetery

13.1. The Service is built on the public visibility of game statuses: pseudonym, Oath (quota), validated Sessions (type, duration and the description written by the Participant), Freezes, Fall and presence in the Cemetery are displayed on the Wall, accessible [only to Participants of the Arc / publicly — to be decided, see ⚠️]. The Participant is informed of this before purchase and accepts it through a dedicated checkbox (Appendix 2).

13.2. The legal name, e-mail address, postal address and any health data are never published.

13.3. Anonymisation on request. The Participant may at any time request the anonymisation of their public display (replacement of the pseudonym by a neutral mention such as “Fallen No. 47”), from within the application or by e-mail. Anonymisation is carried out within 72 hours, free of charge, and without any effect on their game status. The rights of access, rectification, erasure and objection are exercised as described in the privacy policy.

13.4. After the Arc ends, the Cemetery and the ranking remain viewable for [12 months], then are anonymised.

⚠️ LAWYER: decide the scope of the Wall (indexable public web vs. restricted to logged-in members). The “members-only” version significantly reduces the GDPR/reputation risk and remains sufficient for the social mechanics. Publisher's recommendation: members-only Wall for Arc I; public page limited to anonymous aggregate statistics.

Article 14 — Conduct and moderation

14.1. The following are prohibited: harassment, repeated targeted mockery (including of the Fallen — the harshness of the game lies in the rules, not in the pack), unlawful content, disclosure of another Participant's real-world identity (“doxxing”), cheating and incitement to cheat, and any commercial solicitation.

14.2. The Publisher may remove content that is manifestly unlawful or contrary to this article and, after formal notice has gone unheeded (except in cases of manifest seriousness), suspend or terminate the offending account. In the event of termination for breach based solely on conduct under Article 14.1, the price remains acquired pro rata for the period elapsed, the balance being refunded.

Article 15 — Intellectual property

15.1. The Service, its visual identity, its texts and its code remain the property of the Publisher. Participation confers no right other than personal use of the Service.

15.2. The Participant retains their rights over the content they publish and grants the Publisher a non-exclusive, free licence, limited to display within the Service and to its promotion only for content expressly marked “shareable” by the Participant.

Article 16 — Personal data

The processing of personal data is described in the [Privacy Policy], which forms an integral part of these Terms. It details in particular: the data collected, the legal bases, the specific handling of health data (Article 11), automated decisions (Article 10), retention periods, recipients and Participants' rights.

Article 17 — Liability

17.1. The Publisher is bound, for the supply of the digital Service, by the applicable statutory warranties, and performs its obligations with diligence (best-efforts obligation as regards the availability of the Service and the running of the Arc).

17.2. Nothing in these Terms excludes or limits the Publisher's liability for personal injury, wilful misconduct or gross negligence, nor any liability that cannot be limited under French law. Subject to those reservations, the Publisher's liability in respect of an Arc is limited to direct and foreseeable damage, up to the price paid for the Arc concerned.

⚠️ LAWYER: validate the drafting of the 17.2 cap in a B2C context (risk of being deemed unwritten under R.212-1, 6° if too broad). The introductory reservation is intended to save it; adjust as needed.

17.3. The Participant remains solely responsible for their sporting practice, the choice of their activities and quota, and respecting their state of health (Articles 3.2 and 12). The Publisher is not liable for damage resulting from practice contrary to the Service's warnings or to medical advice.

17.4. The Publisher shall not be liable in cases of force majeure, nor for failures attributable to networks or third-party services (payment, hosting, connected sports platforms), subject to applicable law.

Article 18 — Suspension and termination by the Publisher

18.1. Outside the cases of Article 14, the Publisher may terminate a contract during an Arc only for a legitimate and serious reason, with reasonable notice and a pro rata refund for the part of the Arc not provided.

18.2. If an Arc must be cancelled before its start (insufficient number of participants, serious technical cause), all sums paid are refunded in full within 14 days; cancellation by the Publisher gives rise to no other compensation, except under ordinary law.

Article 19 — Changes to the Terms

The Terms applicable to an order are those accepted on the day of that order. The Publisher may amend the Terms for future Arcs; any substantial change during an Arc (other than to meet a legal obligation) requires Participants to be informed at least 15 days in advance and, if it adversely affects them, opens a right of termination with a pro rata refund.

Article 20 — Consumer mediation and disputes

20.1. In accordance with Articles L.612-1 and L.616-1 of the French Consumer Code, any Participant may have free recourse to the consumer mediator to which the Publisher belongs, after a prior written complaint to [EMAIL] has remained unresolved for [60] days: [MEDIATOR NAME — recommended: CM2C, 14 rue Saint-Jean, 75017 Paris, cm2c.net — TO BE COMPLETED AFTER REGISTRATION].

20.2. Complaints and reports may also be filed through the official French platform SignalConso.

⚠️ LAWYER: the European Online Dispute Resolution (ODR) platform was discontinued in summer 2025 (Regulation (EU) 2024/3228) — check that no mention is required any more and purge template terms that still cite it.

20.3. These Terms are governed by French law. Failing amicable resolution, the French courts having jurisdiction under ordinary rules shall hear the dispute, without prejudice to the protective rules of the consumer's place of residence.

Appendix 1 — Model withdrawal form

(Model provided for by the annex to Article R.221-1 of the French Consumer Code — also provided as a separate document.)

For the attention of [FIRST NAME LAST NAME / COMPANY NAME], [ADDRESS], [EMAIL]: I hereby notify you of my withdrawal from the contract for the provision of the service below: — Ordered on: __ — Order number: _ — Consumer's name: _ — Consumer's address: __ — Signature (only if this form is notified on paper): _ — Date: _

Appendix 2 — Consent flow (order tunnel)

Unticked checkboxes, presented in this order, immediately before the payment button. Each checkbox is recorded with a timestamp and the version of the Terms.

Checkbox 1 — General terms (mandatory) ☐ “I have read and accept the General Terms and the Privacy Policy.”

Checkbox 2 — Age and health (mandatory) ☐ “I certify that I am at least 18 years old, that I have completed the health questionnaire provided (QS-SPORT type), and that I undertake, in the event of a positive answer to any of its questions, to consult a doctor before the Arc begins.”

Checkbox 3 — Immediate performance and withdrawal (mandatory) ☐ “I expressly request that performance of the service begin as soon as my order is confirmed. I acknowledge that if I withdraw within the 14-day period, I will be refunded in full if the Arc has not started, or pro rata for the days of the Arc already elapsed if it has started, and that I will lose my right of withdrawal once the service has been fully performed (Articles L.221-18, L.221-25 and L.221-28 1° of the French Consumer Code).”

Checkbox 4 — Publication of game statuses (mandatory, specific information) ☐ “I understand and accept that my pseudonym, my Oath, my validated Sessions (type, duration and the description I write), my Freezes and, where applicable, my Fall and my presence in the Cemetery will be displayed on the Wall during the Arc and for up to [12] months after it ends. I may at any time request the anonymisation of this display, carried out within 72 hours, with no effect on my game status. My legal name and my health data are never published.”

Outside the tunnel — health consent (collected only when requesting a pause/Wintered status, dedicated screen) ☐ “I accept that Winter Arc processes the information that my pause is motivated by a health reason [and, if I choose to provide one, my medical certificate], solely to manage my pause or my Wintered status. This data is confidential, never published, retained for a maximum of [30] days after the end of the Arc, and I may withdraw my consent at any time (Article 9.2.a GDPR).”

⚠️ LAWYER: (1) Checkbox 4 documents acceptance of processing that is also necessary for the performance of the contract (“contract” legal basis with an anonymisation guarantee) — validate the articulation between legal basis and consent. (2) Validate that checkbox 3 correctly covers both regimes (before/after the start of the Arc). (3) “Members-only Wall” vs public: adjust checkbox 4 according to the Article 13 decision.

Appendix 3 — Summary of the Publisher's commitments (displayed on the pricing page)