Terms of Service

Version 3 · Last updated: October 15, 2026

These Terms of Service (the "Terms") govern your access to and use of Podawaa (the "Service"). By creating an account, starting a subscription, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

The Service is operated by Podawaa SAS, a French simplified joint-stock company (société par actions simplifiée) with a share capital of €100, registered with the Montpellier Trade and Companies Register under number 931 238 976 (SIRET 931 238 976 00019), whose registered office is at 6 bis boulevard Berthelot, 34000 Montpellier, France. VAT number: FR55931238976. Email: hello@podawaa.com. Telephone: Podawaa's support provides a phone number by email on request, whenever a call is needed.

If you were already a Podawaa user before this version was published, section 15.4 explains when it applies to you.

1. The Service

Podawaa helps users obtain engagement on LinkedIn posts and provides related writing, scheduling, analytics, and automation features, including Boost, Growth Autopilot, and Channels. Available features and limits depend on the plan shown in the Podawaa app.

Engagement volume, timing, mix, and availability vary. A plan limit is a maximum allowance, not a promise that every requested reaction, comment, or other action will be delivered. Podawaa does not guarantee reach, impressions, leads, revenue, or any other result.

In these Terms, a "Buy Likes" purchase means a one-off purchase of engagement for a post, paid separately from any subscription.

2. Community and Private modes

2.1 Community mode

Community mode is an exchange model. In exchange for engagement on your posts, the LinkedIn account you connect gives engagement to other Community members' posts. Community Launch, the free plan, always uses Community mode.

By enabling Community mode, you authorize Podawaa to perform, automatically and under your name, the following actions from your connected LinkedIn account for other Community members, subject to your settings, plan limits, availability, and Podawaa's fair-use and moderation controls:

  • reactions to their posts;
  • comments on their posts, and replies to comments under their posts;
  • visits to their LinkedIn profiles, which may show your name in their profile viewers; and
  • follows of their LinkedIn profiles, which remain in place after Community stops unless you unfollow them on LinkedIn.

Comments and replies may be written with the help of artificial intelligence, in the voice you can customize in Settings, and are published under your name. You can review the history of these actions in the Podawaa app.

These actions are performed by Podawaa's servers using the LinkedIn session saved when you connected your account (section 2.3). They do not depend on your browser being open or on the Chrome extension being installed. Closing your browser or removing the extension does not stop it.

Community participation cannot be paused. To stop it, you can:

  • switch to a Private plan, in which your account is no longer used to engage with other members' posts (section 2.2);
  • delete the LinkedIn account from Channel Management in the Podawaa app, which erases the LinkedIn session and any LinkedIn credentials Podawaa saved for it (section 2.3); or
  • delete your Podawaa account (section 11).

On some subscriptions created before per-account ("seat") billing, deleting a LinkedIn account from Channel Management is scheduled for the end of the current paid period, as the app shows when you confirm it, and the account keeps participating until then. To stop sooner, write to hello@podawaa.com and Podawaa will stop using the account without delay.

Community features may be interrupted if your LinkedIn session expires or is revoked, if LinkedIn restricts your account, or if Podawaa cannot reconnect it.

2.2 Private mode

Private mode does not require the Podawaa Chrome extension. Your LinkedIn account is not used to engage with other Community members' posts. Engagement is supplied through Podawaa's service network and remains subject to availability, plan limits, and the delivery terms in these Terms.

Selecting Private mode does not make the Service risk-free and does not guarantee any particular delivery, outcome, or treatment by LinkedIn.

2.3 How your LinkedIn account is connected

Depending on what the Podawaa app offers you at the time, you can connect a LinkedIn account:

  • with Keystone, the Podawaa Chrome extension, which transmits your LinkedIn session to Podawaa;
  • by signing in to LinkedIn through Podawaa with your LinkedIn email address and password; or
  • by entering your LinkedIn session details manually.

Whatever the method, Podawaa saves the LinkedIn session and uses it to act on your account as described in these Terms. If you sign in through Podawaa with your LinkedIn email address and password, Podawaa also saves, in encrypted form, that email address, that password and, if you provide it, the setup key of your two-step verification, solely to restore the connection to LinkedIn for your account when the session expires. Podawaa uses your LinkedIn session and credentials only to provide the Service: the actions listed in section 2.1 when Community mode is on, and the features you use yourself (for example publishing or scheduling your posts, reading your posts' statistics, or Boost). Podawaa never uses them to send private messages or to change your LinkedIn settings.

When the LinkedIn account is deleted from Podawaa (from Channel Management, see section 2.1), or when you delete your Podawaa account, Podawaa erases the saved session and credentials. Signing out of LinkedIn or changing your LinkedIn password may also end Podawaa's access, but it does not by itself remove the account from Podawaa or cancel any subscription.

3. Accounts

You must be at least 18 years old to use the Service. You must provide accurate information and keep it current. You are responsible for activity under your account and for protecting access to it.

You may only connect a LinkedIn profile or page that you own or that you are authorized to manage. If you connect a profile that belongs to another person, you confirm that this person has agreed to its connection and, for Community mode, to the automatic actions described in section 2.1 under their name.

You may not sell, transfer, or share access to your Podawaa account without Podawaa's written permission. You must promptly notify hello@podawaa.com if you believe your account has been compromised.

4. Plans, prices, and taxes

4.1 Community Launch

Community Launch is an ongoing free plan, not a time-limited trial. It requires no payment card. Its included features and usage limits are those displayed in the Podawaa app. Because Launch uses Community mode, a connected LinkedIn account and Community participation as described in sections 2.1 and 2.3 are required.

4.2 Paid plans and billing intervals

When you sign up for a paid plan, you choose a weekly, monthly, or yearly billing interval. A valid payment card is required, and the first period is charged when you confirm the order in Stripe Checkout. There is no free trial period before that charge.

On the weekly interval, an introductory discount on the first week may be available. It is reserved for new customers and applies once per account. Its amount is the one confirmed at checkout; it may vary over time or be unavailable. The subscription then renews weekly at the full weekly price shown at checkout, on the same weekday, until cancelled.

Whether an introductory discount is offered to you, and its amount, may be determined by automated decision-making and may vary with your account's eligibility and with offer tests; the offer shown to you may therefore differ from the one shown to other users.

A monthly or yearly subscription renews at the end of each period at the price shown at checkout, until cancelled. You can change your plan or billing interval later from the billing controls in the Podawaa app.

Where a plan is billed per connected LinkedIn account ("seat"), you are billed for the number of seats in your subscription, whether or not a LinkedIn account is connected to each one. Deleting a connected LinkedIn account does not remove its seat: the seat stays in your subscription, remains billed, and can be used for another LinkedIn account. To reduce the number of seats, remove the empty seat from the billing controls in the Podawaa app; the change and any proration are shown before you confirm it.

At checkout, Stripe shows the selected plan, billing interval, price, applicable taxes, any discount applied to the first period, and the amount due today. Those checkout details are authoritative for your order.

4.3 Current pricing

Current prices are displayed in the Podawaa app and in Stripe Checkout before you confirm an order. Prices may differ by plan, billing interval, account quantity, currency, taxes, or an expressly applied promotion. Podawaa will not charge a price that was not shown in the applicable checkout or billing confirmation.

Prices displayed in the Podawaa app, including on the signup plan screen, exclude applicable taxes unless stated otherwise. Stripe Checkout calculates taxes from the billing information you provide and shows the total amount, taxes included, before you pay.

5. Cancellation, payments, refunds, and withdrawal

5.1 Cancellation

You may cancel a paid subscription at any time, free of charge, using the "Cancel my subscription" function on the Billing page of the Podawaa app, or by writing to hello@podawaa.com. Podawaa confirms your cancellation by email, stating the date on which it takes effect. The first period is charged when you confirm the order; a cancellation made before the next renewal prevents that renewal charge. Cancellation normally takes effect at the end of the current paid billing period unless the app or applicable law states otherwise. Cancelling does not by itself refund the current period: refunds are governed by sections 5.3 to 5.8.

Cancelling a paid subscription does not delete your LinkedIn account from Podawaa. If you move back to Community Launch, your connected account takes part in Community mode as described in section 2.1.

5.2 Failed payments

If a payment fails, Podawaa may retry it, ask you to update your payment method, limit paid features, or suspend the subscription.

5.3 30-day money-back guarantee

Podawaa offers a 30-day money-back guarantee on subscriptions. If you ask support (hello@podawaa.com or the in-app support chat) within 30 days after your subscription starts, Podawaa refunds all the subscription charges you have paid, with no reason required. Your subscription starts on the day you confirm your first paid order for it. Changing your plan, billing interval, or seat quantity does not restart the 30 days.

The 30 days are counted from the day after your subscription starts, days being calendar days in Paris time: your request must be sent no later than 23:59, Paris time, on the 30th day after that day. For example, for a subscription started on March 1, the last day to ask is March 31.

A refund under this guarantee ends the subscription and your paid access on the day it is issued. The guarantee applies once per Podawaa account: a subscription taken out on the same Podawaa account after a refund under this guarantee is not covered by it again.

The refund is sent through the original payment method. The guarantee does not cover Buy Likes purchases: those are covered by the right of withdrawal in section 5.5 and by their own automatic delivery-shortfall refund under section 10.

5.4 No refund after 30 days

More than 30 days after your subscription starts, subscription payments are not refunded, except where section 5.6 applies, where mandatory law requires it (including the right of withdrawal in section 5.5), or where Podawaa expressly confirms a refund in writing. Nothing in these Terms limits mandatory consumer rights.

This section does not limit your right to terminate a renewed contract and be refunded for the unused period where the law provides for it, in particular under article L. 215-1 of the French Consumer Code (Annex 3).

5.5 Right of withdrawal

If you are a consumer, or a professional to whom the law extends this right, you may withdraw from any contract concluded with Podawaa at a distance, including a subscription or a Buy Likes purchase, within 14 days, without giving any reason. The withdrawal period expires 14 days after the day the contract is concluded, which is the day you confirm the order at checkout. If that day is a Saturday, a Sunday, or a public holiday, the period is extended until the next working day. Each subscription you start, including one started after cancelling an earlier subscription, is a separate contract with its own withdrawal period; changing the plan, billing interval, or seat quantity of an existing subscription does not start a new one.

To exercise this right, inform Podawaa SAS, 6 bis boulevard Berthelot, 34000 Montpellier, France (hello@podawaa.com), of your decision to withdraw by an unequivocal statement, for example an email or a message in the in-app support chat. You may use the model withdrawal form in Annex 1, but you do not have to. To meet the deadline, it is enough to send your statement before the withdrawal period expires.

If you withdraw, Podawaa refunds all payments received from you under that contract without undue delay and no later than 14 days after the day it is informed of your decision. The refund uses the same means of payment as your original transaction, unless you expressly agree otherwise, and you incur no fees. Podawaa does not charge you for the part of the service provided before you withdraw.

Withdrawing from a subscription ends it and your paid access on the day the refund is issued. Withdrawing from a Buy Likes purchase stops any delivery that has not yet taken place.

5.6 Transition from version 1

If your paid subscription started before September 27, 2026, the refund rule of version 1 of these Terms (refund on request within 30 days of each charge) continues to apply to your charges until your first renewal that occurs at least 30 days after Podawaa has notified you of version 2 by email. You may cancel before that renewal at no cost.

5.7 One refund per charge

A charge is refunded only once. If several of sections 5.3, 5.5, 5.6, and 10 could apply to the same charge, Podawaa applies the one that is most favourable to you, and any amount already refunded for that charge is deducted from the next refund.

5.8 Payment disputes

If you dispute a charge with your bank or card issuer, that charge is handled through the dispute process and is not refunded again by Podawaa while the dispute is open. Podawaa may suspend paid features linked to the disputed charge while the dispute is open. While a dispute is open on your account, Podawaa may review your other refund requests individually before paying them, but always within the time limits set by these Terms and by law; in particular, a withdrawal from a different contract (section 5.5) is refunded within 14 days as usual. Opening a dispute does not remove any right you have under these Terms or under the law: if the dispute ends without the amount being returned to you, you may still ask for any refund you are entitled to.

6. Content and permissions

You retain your rights in content you submit to the Service. You grant Podawaa a limited, worldwide licence to host, process, reproduce, and transmit that content only as needed to operate, secure, and improve the Service and provide the features you request.

You are responsible for ensuring that your content and instructions are lawful and that you have all necessary rights and permissions. You must not use the Service for unlawful, deceptive, abusive, discriminatory, infringing, or harmful content.

7. Acceptable use and fair use

You must not:

  • manipulate, reverse engineer, disrupt, or bypass Service controls;
  • create duplicate accounts to obtain an introductory offer or the refund guarantee repeatedly, or to evade limits;
  • use stolen identities, credentials, payment methods, or LinkedIn accounts;
  • resell the Service unless Podawaa has agreed in writing;
  • request or generate spam, harassment, fraud, or illegal activity; or
  • use the Service in a way that creates unreasonable load or risk for Podawaa, LinkedIn, or other users.

Podawaa may apply reasonable rate limits, delivery controls, and anti-fraud checks to protect the Service and its users.

8. Third-party platform risk

Podawaa is independent from LinkedIn and is not endorsed by LinkedIn. LinkedIn may change its product, policies, or technical controls at any time.

LinkedIn applies its own rules on automation and engagement; it may consider that activity generated through the Service does not comply with them and may reduce reach, restrict features, suspend an account, or take other action. You accept these risks when using the Service.

Podawaa does not represent or warrant that activity is invisible, compliant with LinkedIn's rules, safe from restriction, or free from account risk. You remain responsible for deciding whether the Service is appropriate for your account and use case.

Because Podawaa acts on your LinkedIn account from its own servers (section 2.1), LinkedIn may see that activity, or a new sign-in, coming from a location or network other than your own, and may ask you to confirm your identity.

9. Engagement delivery

Engagement requests depend on available eligible accounts, targeting, content, moderation, technical conditions, and third-party platform availability. Delivery may be partial, delayed, rejected, or unavailable. Comments and other user-visible actions may also be removed or changed by the account holder or by LinkedIn after delivery.

Podawaa may reject or stop a request that violates these Terms, creates safety or integrity concerns, or cannot be delivered reliably. Unless a separate written service level agreement applies, there is no guaranteed delivery percentage or completion time.

10. Final delivery shortfall remedy

Delivery itself remains variable and is not guaranteed. The applicable shortfall remedy described in this section is guaranteed for an eligible boost.

A final shortfall exists when Podawaa has marked a boost's delivery outcome as final and the requested quantity is greater than the delivered quantity. An active boost, or a boost for which delivery retries remain available, has not yet reached a final shortfall. If a boost you consider finished is still not shown as final in the delivery tracker, you may ask support to review it.

For a boost included in a paid subscription, Podawaa automatically restores one monthly boost slot when there is any final shortfall. The remedy is one restored slot for the affected boost, regardless of the number of missing reactions or comments. The slot is non-cash and non-transferable, is usable only during the calendar month in which the restoration is recorded, and remains subject to the subscription's monthly allowance and other plan rules.

For a Buy Likes purchase, Podawaa automatically issues a prorated refund for a final shortfall. The refund is calculated as:

refund = (final missing quantity / requested quantity) × amount actually paid

The calculation uses the smallest unit of the payment currency, is rounded down, is capped at the amount actually paid, and has a minimum of one smallest currency unit where the calculated refund is greater than zero. The refund is sent through the original payment provider; the time it takes to appear may depend on that provider.

Podawaa marks a refund as completed only after the payment provider confirms it. While the provider is still processing the refund or waiting for an action, the tracker shows the refund as pending. If the provider reports that the refund failed or was cancelled, the tracker shows that support is required, and Podawaa completes the eligible remedy through support.

No remedy is due for a boost voluntarily cancelled by the user, cancelled by a Podawaa administrator, or a boost suspended by Podawaa for fraud. Voluntary cancellation includes cancellation from the app or extension and cancellation of a scheduled boost.

The in-app delivery tracker shows the requested and delivered quantities, the due date where available, the final status reason, and the type and status of any compensation. For a refund, it also shows the refund amount; for a restored slot, it shows the restored quantity.

The automatic delivery remedy applies to boosts for which Podawaa recorded the exact ordered quantity when the boost was created. For an older boost, or for a boost whose tracker shows no requested quantity, contact support for a manual review.

Mandatory rights under applicable law remain unaffected.

11. Suspension and termination

Podawaa may restrict or suspend access where reasonably necessary to address non-payment, fraud, security concerns, illegal activity, material breaches of these Terms, or risk to the Service or third parties. Where practical and lawful, Podawaa will provide notice and an opportunity to remedy the issue.

If a suspension is not caused by your breach, non-payment or fraud, you are not charged for the suspended period, or your paid period is extended by the same length. Podawaa may terminate your subscription (a) for a serious or repeated breach of these Terms, fraud or non-payment, after notice where practical, or (b) for any other reason, including discontinuation of the Service, with at least 30 days' notice by email. In case (b), Podawaa refunds the unused part of any prepaid period.

You may stop using the Service at any time. Account deletion and subscription cancellation are separate actions: deleting or disconnecting a LinkedIn account does not necessarily cancel a paid subscription, and does not remove its seat (section 4.2). Contact hello@podawaa.com if you need help closing your Podawaa account.

When you delete your Podawaa account, Podawaa stops using your connected LinkedIn accounts and erases their saved sessions and credentials. Podawaa keeps a record of the LinkedIn profiles concerned, as described in the Privacy Policy, to prevent repeated use of introductory offers and of the refund guarantee and to enforce suspensions; a new account for the same profile may therefore require contacting support.

12. Intellectual property

Podawaa and its licensors own the Service, software, brands, designs, documentation, and other materials supplied by Podawaa. Except for the limited right to use the Service under these Terms, no rights are transferred to you.

13. Privacy and security

Podawaa processes personal data as described in the Privacy Policy published at https://www.podawaa.com/privacy. This includes the LinkedIn session and, where you provide them, the LinkedIn credentials described in section 2.3, which Podawaa uses only to provide the Service and erases as described in sections 2.3 and 11. No online service can guarantee absolute security. You are responsible for using supported software, protecting your devices, and keeping your access links and credentials confidential.

14. Disclaimers and liability

14.1 Warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available." Podawaa disclaims implied warranties that may lawfully be excluded, including warranties of merchantability, fitness for a particular purpose, and non-infringement. If you are a consumer, this paragraph does not affect the legal guarantee of conformity described in Annex 2, which cannot be excluded.

14.2 Consumers

If you are a consumer, Podawaa is liable under applicable law for foreseeable damage caused by its breach. Podawaa is not liable for damage caused by your own fault, by force majeure, or by measures LinkedIn takes under its own policies as described in section 8, unless they result from Podawaa's breach of these Terms.

14.3 Business customers

If you use the Service for business purposes, to the maximum extent permitted by law Podawaa is not liable for indirect damage or for lost profits, revenue, data, goodwill or business opportunities, and Podawaa's total liability for all claims in any 12-month period is limited to the amounts you paid Podawaa in that period. This limit does not apply to gross negligence, wilful misconduct, or liability that cannot be limited by law.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

15. Changes to the Service or these Terms

15.1 Changes to the Service

Podawaa may update the Service for a valid reason, such as changes made by LinkedIn, security, legal compliance, or improvements. If a change is not needed to keep the Service in conformity and has more than a minor negative impact on your use of or access to it, Podawaa will inform you by email, in advance, of the change and its date. You may then end your subscription free of charge within 30 days of receiving that information or of the change, whichever is later, and Podawaa refunds the unused part of any prepaid period.

15.2 Price changes

A price change never applies to a period already paid. A new price applies only from a renewal occurring at least 30 days after Podawaa notifies you by email; you may cancel before that renewal at no cost.

15.3 Changes to these Terms

Podawaa may update these Terms for a valid reason (change in law, in LinkedIn's rules, new features, security, correction of errors). Changes that materially affect your rights will be notified by email at least 30 days before they apply to you and will apply only from your next renewal after that date; you may cancel before then. If you have no paid subscription, such changes apply 30 days after the email; you may delete your account before then. Changes required urgently by law or for security may apply sooner, with notice as soon as possible.

15.4 Users of version 2

If you accepted version 2 of these Terms, version 3 applies to you under section 15.3: from your first renewal at least 30 days after Podawaa notifies you of version 3 by email or, if you have no paid subscription, 30 days after that email (the "transition date"). If Podawaa has not been able to deliver that email to you, there is no transition date for you yet: version 2 continues to apply until Podawaa has notified you, and the 30 days run from that notification. Until the transition date, version 2 continues to apply, with only the following exceptions, which apply to you as soon as version 3 is published:

  • sections 2.1, 2.3 and 8 (last paragraph), to the extent they describe how the Service works and how your LinkedIn session and credentials are used and erased;
  • in section 5.3, the second paragraph (how the 30 days are counted);
  • in section 5.5, the possibility of withdrawing through the in-app support chat, and the statement that each new subscription has its own withdrawal period;
  • in section 5.8, the guarantee that a dispute does not delay a withdrawal refund on a different contract;
  • in section 10, the possibility of asking support to review a boost not shown as final or showing no requested quantity.

Every other change in version 3 applies to you only from the transition date. Section 5.6 is unchanged.

16. Governing law and disputes

These Terms are governed by French law, without limiting any mandatory consumer protections that apply in your country of residence. Disputes are subject to the courts that have jurisdiction under applicable law. If you are a business customer, the courts of Montpellier, France, have exclusive jurisdiction.

17. Contact

Questions about these Terms may be sent to hello@podawaa.com, or by post to Podawaa SAS, 6 bis boulevard Berthelot, 34000 Montpellier, France.

18. General provisions

18.1 Severability

If a provision of these Terms is held invalid or unenforceable, the other provisions remain in force, and the invalid provision is replaced by the valid provision closest to its purpose.

18.2 No waiver

If Podawaa does not enforce a provision at a given time, this does not waive its right to enforce it later.

18.3 Assignment

You may not transfer your rights or obligations under these Terms without Podawaa's written agreement. Podawaa may transfer them to a company that takes over all or part of the Service, provided that this does not reduce your rights; Podawaa will inform you by email.

18.4 Language

These Terms are written in English. If they are translated, the English version prevails, except that for consumers residing in France the French version prevails, and except where the law of another country of residence requires otherwise for consumers.

18.5 Entire agreement for business customers

If you are a business customer, these Terms, the order confirmed at checkout, and any separate agreement signed by Podawaa form the entire agreement between you and Podawaa about the Service and replace any earlier proposal or discussion on the same subject.

18.6 Indemnity for business customers

If you use the Service for business purposes, you will compensate Podawaa for losses and reasonable costs resulting from a third-party claim caused by content you submitted, by a LinkedIn profile you connected without the required authorization, or by your breach of section 7. This section does not apply to consumers.

Annex 1: Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

  • To: Podawaa SAS, 6 bis boulevard Berthelot, 34000 Montpellier, France. Email: hello@podawaa.com
  • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*):
  • Ordered on (*)/received on (*):
  • Name of consumer(s):
  • Address of consumer(s):
  • Signature of consumer(s) (only if this form is notified on paper):
  • Date:

(*) Delete as appropriate.

Annex 2: Legal guarantee of conformity

This box is required by article D. 211-4 of the French Consumer Code and reproduces the official French model. The French text is the reference; an English translation follows for information.

Le consommateur a droit à la mise en œuvre de la garantie légale de conformité en cas d'apparition d'un défaut de conformité durant un délai de toute la durée de fourniture du service numérique prévue par l'abonnement (chaque période hebdomadaire, mensuelle ou annuelle et chacun de ses renouvellements) ou, pour un achat Buy Likes, de deux ans à compter de la fourniture du contenu numérique ou du service numérique. Durant ce délai, le consommateur n'est tenu d'établir que l'existence du défaut de conformité et non la date d'apparition de celui-ci.

La garantie légale de conformité emporte obligation de fournir toutes les mises à jour nécessaires au maintien de la conformité du contenu numérique ou du service numérique durant toute la durée de fourniture du service numérique prévue par l'abonnement (chaque période hebdomadaire, mensuelle ou annuelle et chacun de ses renouvellements) ou, pour un achat Buy Likes, deux ans.

La garantie légale de conformité donne au consommateur droit à la mise en conformité du contenu numérique ou du service numérique sans retard injustifié suivant sa demande, sans frais et sans inconvénient majeur pour lui.

Le consommateur peut obtenir une réduction du prix en conservant le contenu numérique ou le service numérique, ou il peut mettre fin au contrat en se faisant rembourser intégralement contre renoncement au contenu numérique ou au service numérique, si :

1° Le professionnel refuse de mettre le contenu numérique ou le service numérique en conformité ;

2° La mise en conformité du contenu numérique ou du service numérique est retardée de manière injustifiée ;

3° La mise en conformité du contenu numérique ou du service numérique ne peut intervenir sans frais imposés au consommateur ;

4° La mise en conformité du contenu numérique ou du service numérique occasionne un inconvénient majeur pour le consommateur ;

5° La non-conformité du contenu numérique ou du service numérique persiste en dépit de la tentative de mise en conformité du professionnel restée infructueuse.

Le consommateur a également droit à une réduction du prix ou à la résolution du contrat lorsque le défaut de conformité est si grave qu'il justifie que la réduction du prix ou la résolution du contrat soit immédiate. Le consommateur n'est alors pas tenu de demander la mise en conformité du contenu numérique ou du service numérique au préalable.

Dans les cas où le défaut de conformité est mineur, le consommateur n'a droit à l'annulation du contrat que si le contrat ne prévoit pas le paiement d'un prix.

Toute période d'indisponibilité du contenu numérique ou du service numérique en vue de sa remise en conformité suspend la garantie qui restait à courir jusqu'à la fourniture du contenu numérique ou du service numérique de nouveau conforme.

Ces droits résultent de l'application des articles L. 224-25-1 à L. 224-25-31 du code de la consommation.

Le professionnel qui fait obstacle de mauvaise foi à la mise en œuvre de la garantie légale de conformité encourt une amende civile d'un montant maximal de 300 000 euros, qui peut être porté jusqu'à 10 % du chiffre d'affaires moyen annuel (article L. 242-18-1 du code de la consommation).

Le consommateur bénéficie également de la garantie légale des vices cachés en application des articles 1641 à 1649 du code civil, pendant une durée de deux ans à compter de la découverte du défaut. Cette garantie donne droit à une réduction de prix si le contenu numérique ou le service numérique est conservé, ou à un remboursement intégral contre renonciation au contenu numérique ou au service numérique.

English translation, for information:

The consumer is entitled to the legal guarantee of conformity when a lack of conformity appears during the whole period of supply of the digital service under the subscription (each weekly, monthly or yearly period and each of its renewals) or, for a Buy Likes purchase, within two years from the supply of the digital content or digital service. During that period, the consumer only has to establish that the lack of conformity exists, not when it appeared. The legal guarantee of conformity includes the obligation to supply all the updates needed to keep the digital content or digital service in conformity during that period. The consumer is entitled to have it brought into conformity without undue delay following the request, free of charge and without major inconvenience. The consumer may obtain a price reduction while keeping the digital content or digital service, or end the contract with a full refund in exchange for giving it up, if Podawaa refuses to bring it into conformity, unjustifiably delays conformity, cannot achieve it without costs imposed on the consumer, causes major inconvenience to the consumer, or if the lack of conformity persists despite Podawaa's unsuccessful attempt. The consumer is also entitled to an immediate price reduction or termination of the contract when the lack of conformity is so serious that it justifies it, without first requesting conformity. Where the lack of conformity is minor, the consumer may cancel the contract only if the contract does not provide for payment of a price. Any period of unavailability for the purpose of bringing the digital content or digital service back into conformity suspends the remaining guarantee period until it is supplied in conformity again. These rights result from articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code. A professional who obstructs the legal guarantee of conformity in bad faith is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (article L. 242-18-1 of the French Consumer Code). The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code for two years from discovery of the defect; it gives the right to a price reduction if the digital content or digital service is kept, or to a full refund in exchange for giving it up.

Annex 3: Articles L. 215-1 to L. 215-3 and L. 241-3 of the French Consumer Code

Article L. 215-4 of the French Consumer Code requires these articles to be reproduced in full in contracts with a tacit renewal clause. They are reproduced below in French, their official language.

Article L. 215-1

Pour les contrats de prestations de services conclus pour une durée déterminée avec une clause de reconduction tacite, le professionnel prestataire de services informe le consommateur par écrit, par lettre nominative ou courrier électronique dédiés, au plus tôt trois mois et au plus tard un mois avant le terme de la période autorisant le rejet de la reconduction, de la possibilité de ne pas reconduire le contrat qu'il a conclu avec une clause de reconduction tacite. Cette information, délivrée dans des termes clairs et compréhensibles, mentionne, dans un encadré apparent, la date limite de non-reconduction.

Lorsque cette information ne lui a pas été adressée conformément aux dispositions du premier alinéa, le consommateur peut mettre gratuitement un terme au contrat, à tout moment à compter de la date de reconduction.

Les avances effectuées après la dernière date de reconduction ou, s'agissant des contrats à durée indéterminée, après la date de transformation du contrat initial à durée déterminée, sont dans ce cas remboursées dans un délai de trente jours à compter de la date de résiliation, déduction faite des sommes correspondant, jusqu'à celle-ci, à l'exécution du contrat.

Les dispositions du présent article s'appliquent sans préjudice de celles qui soumettent légalement certains contrats à des règles particulières en ce qui concerne l'information du consommateur.

Par exception au premier alinéa du présent article, pour les contrats de fourniture de service de télévision au sens de l'article 2 de la loi n° 86-1067 du 30 septembre 1986 relative à la liberté de communication et pour les contrats de fourniture de services de médias audiovisuels à la demande, le consommateur peut mettre gratuitement un terme au contrat, à tout moment à compter de la première reconduction, dès lors qu'il change de domicile ou que son foyer fiscal évolue.

Article L. 215-2

Les dispositions du présent chapitre, à l'exception de l'article L. 215-1-1, ne sont pas applicables aux exploitants des services d'eau potable et d'assainissement.

Article L. 215-3

Les dispositions du présent chapitre sont également applicables aux contrats conclus entre des professionnels et des non-professionnels.

Article L. 241-3

Lorsque le professionnel n'a pas procédé au remboursement dans les conditions prévues à l'article L. 215-1, les sommes dues sont productives d'intérêts au taux légal.