Terms of Service

These Terms of Service (hereinafter "the Terms", "ToS", or "this Agreement") govern the access to and use of the Daway platform, accessible at daway.club and any associated subdomains, mobile applications, or services (hereinafter "the Platform", "Daway", or "the Service").

By accessing, browsing, registering on, or using the Platform in any way, you (hereinafter "the User", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, without reservation. If you do not agree to any provision of these Terms, you must immediately cease using the Platform.

These Terms constitute a legally binding agreement between you and Collective 1X3. Your continued use of the Platform after any modification to these Terms constitutes your irrevocable acceptance of such modifications.

The Platform is published and operated by:

Hereinafter referred to as "Collective 1X3", "the Company", "we", "us", or "our".

The term "User" refers collectively and individually to any person who accesses or uses the Platform, whether as a Community Creator ("Creator"), a Community Member ("Member"), an Affiliate, or a Visitor.

2.1 Nature of the Platform. Daway is a Software-as-a-Service (SaaS) community platform that enables Creators to build, manage, and monetize private online communities. Members may join these communities through free or paid subscription tiers. The Platform provides the technical infrastructure; it does not produce, curate, or endorse the content published by Creators.

2.2 Scope of application. These Terms apply to all Users of the Platform without exception, regardless of their role (Creator, Member, Affiliate, Visitor) or geographic location. Specific provisions may apply to certain categories of Users as detailed herein. In the event of a conflict between these Terms and any other document, these Terms shall prevail.

2.3 Not financial advice. The Platform is not a financial advisory service. Daway does not provide investment advice, tax advice, legal advice, or any form of professional consulting. Any information or content available through the Platform is provided for educational and informational purposes only and should not be relied upon as a basis for any financial, investment, or business decision.

2.4 Not a multi-level marketing scheme. The Platform's affiliate and referral programs are designed to reward genuine promotion of communities and are not multi-level marketing (MLM), pyramid schemes, or any similar structure. Affiliates earn commissions solely on direct referrals; there are no downstream tiers or recruitment-based compensation structures.

3.1 Age requirement. You must be at least sixteen (16) years of age to use the Platform. If you are between 16 and 18 years of age (or the age of majority in your jurisdiction), you represent that you have obtained the consent of your parent or legal guardian to use the Platform and that they have read and agreed to these Terms on your behalf. We reserve the right to request proof of age or parental consent at any time and to terminate any account for which such proof is not satisfactorily provided.

3.2 Account creation. Access to certain features of the Platform requires the creation of an account. You agree to provide accurate, current, and complete information during registration, and to update such information as necessary. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.3 One account per person. Each User may only create and maintain one account on the Platform. Creating multiple accounts is strictly prohibited and may result in immediate termination of all associated accounts without notice or refund.

3.4 Geographic scope. The Platform is primarily designed for Users located in France, Belgium, and Switzerland, but is accessible worldwide. Users outside of these territories use the Platform at their own risk and are solely responsible for compliance with their local laws and regulations. Collective 1X3 makes no representation that the Platform is appropriate or available for use in any particular jurisdiction.

3.5 Technical requirements. The User is solely responsible for the equipment, software, internet connection, and any other technical requirements necessary to access and use the Platform. Collective 1X3 is not responsible for any inability to access the Platform due to the User's equipment, connection, or technical limitations.

4.1 Overview. The Platform provides the following services, which may be modified, expanded, or discontinued at any time at our sole discretion:

• Community hosting: Creators can build private online communities with customizable profiles, branding, and landing pages.
• Tiered memberships: Support for multiple subscription tiers, including free and paid plans, with configurable access levels and pricing.
• Course hosting: Creators can publish structured courses with video content, text modules, and progress tracking.
• Real-time chat: Integrated messaging system for community engagement, including group channels and direct messages.
• Affiliate and referral programs: Tools for Creators to set up referral programs allowing affiliates to earn commissions on referred subscriptions.
• Analytics and A/B testing: Data dashboards, conversion tracking, and experimentation tools to help Creators optimize their communities.

4.2 No obligation to provide specific features. Collective 1X3 reserves the absolute right to add, modify, suspend, or discontinue any feature, tool, or service offered through the Platform at any time, without prior notice and without incurring any liability to any User.

4.3 Collective 1X3 as direct supplier. Collective 1X3 may also act as a direct supplier for certain products or services available on the Platform. This may occur to improve the quality and reliability of the services offered, or when no third-party supplier is available. This changes nothing for the User in terms of the conditions of use; the same Terms apply regardless of whether Collective 1X3 or a third-party Creator is the supplier.

5.1 Independent status. Creators are independent contractors and are not employees, agents, partners, or franchisees of Collective 1X3. Nothing in these Terms shall be construed as creating an employment, agency, partnership, joint venture, or franchise relationship between any Creator and Collective 1X3.

5.2 Content responsibility. Creators are solely and entirely responsible for all content they publish, share, distribute, or make available through their communities on the Platform, including but not limited to text, images, videos, courses, files, links, and any other material. Collective 1X3 does not review, approve, endorse, or guarantee any Creator content.

5.3 Prohibited content. Creators shall not publish, distribute, or make available any content that:

• Is illegal, fraudulent, or promotes illegal activities;
• Is defamatory, libelous, threatening, harassing, or abusive;
• Is political propaganda or promotes political parties or candidates;
• Is discriminatory based on race, ethnicity, gender, sexual orientation, religion, disability, age, or any other protected characteristic;
• Contains pornographic, sexually explicit, or obscene material;
• Infringes on intellectual property rights of any third party;
• Contains malware, viruses, or other harmful code;
• Promotes pyramid schemes, multi-level marketing, or fraudulent business models;
• Constitutes regulated financial advice without appropriate licensure;
• Violates any applicable local, national, or international law or regulation.

5.4 Pricing and tax obligations. Creators are solely responsible for setting the prices of their subscription tiers and products. Creators are solely responsible for all tax obligations arising from their use of the Platform, including but not limited to income tax, VAT, sales tax, and any other applicable taxes in their jurisdiction. Collective 1X3 is not a tax advisor and provides no tax guidance whatsoever.

5.5 GDPR and data protection. Creators who collect, process, or store personal data of their community members are solely responsible for compliance with the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other applicable data protection laws. Creators must maintain their own privacy policies and ensure lawful processing of personal data within their communities. Collective 1X3 shall not be held liable for any data protection violations committed by Creators.

5.6 Indemnification by Creators. Creators agree to indemnify, defend, and hold harmless Collective 1X3 from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising from or related to their content, their communities, their interactions with Members, or any breach of these Terms.

6.1 Lawful use. Members agree to use the Platform exclusively for lawful purposes and in accordance with these Terms. Any use of the Platform that violates applicable law or these Terms is strictly prohibited.

6.2 Prohibited conduct. Members shall not:

• Harass, threaten, bully, stalk, or intimidate any other User;
• Send unsolicited messages, spam, or promotional content to other Users;
• Post, upload, or transmit illegal, harmful, offensive, or objectionable content;
• Scrape, crawl, index, or otherwise automatically extract data from the Platform by any means;
• Attempt to gain unauthorized access to other Users' accounts, the Platform's systems, or any data not intended for them;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platform;
• Use the Platform to distribute malware, viruses, or any other harmful technology;
• Share, resell, redistribute, or publicly display content from paid communities without explicit written authorization from the Creator and Collective 1X3;
• Create fake accounts, impersonate others, or misrepresent their identity or affiliation;
• Interfere with or disrupt the Platform's infrastructure, servers, or networks;
• Use automated tools, bots, or scripts to interact with the Platform without prior written authorization from Collective 1X3.

6.3 Consequences of violations. Any violation of these obligations may result in the immediate suspension or termination of the Member's account, without prior notice, without refund, and without prejudice to any other remedies available to Collective 1X3 under law.

7.1 Payment processing. All payments on the Platform are processed through Stripe, a third-party payment processor. By making a payment on the Platform, you agree to Stripe's terms of service and privacy policy. Collective 1X3 does not store credit card numbers or sensitive payment information on its servers.

7.2 Pricing. Prices for community subscriptions and products are set exclusively by the respective Creator (or by Collective 1X3 when acting as direct supplier). All prices are displayed in Euros (EUR) unless otherwise specified. Prices are inclusive of any applicable platform fees but may not include local taxes, which are the sole responsibility of the User.

7.3 Platform commission. Collective 1X3 charges a commission on transactions processed through the Platform. The applicable commission rate is communicated to Creators upon registration and may be modified at any time at our sole discretion, with reasonable advance notice to affected Creators.

7.4 Automatic renewal. All subscriptions on the Platform automatically renew at the end of each billing period (monthly or annually, as applicable) unless cancelled by the Member before the renewal date. The renewal will be charged at the then-current subscription price. It is the Member's sole responsibility to cancel their subscription before the renewal date if they do not wish to continue.

7.5 Right of withdrawal (EU consumers). In accordance with EU consumer protection legislation, consumers residing in the European Union have a fourteen (14) calendar day right of withdrawal from the date of purchase, provided they have not accessed, streamed, or downloaded any digital content during that period. To exercise this right, you must send a clear statement of withdrawal to contact@daway.club within the 14-day period. Upon valid exercise of the right of withdrawal, a full refund will be issued within fourteen (14) days.

7.6 No refunds after withdrawal period. OUTSIDE OF THE 14-DAY WITHDRAWAL PERIOD DESCRIBED ABOVE, ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. NO REFUNDS, CREDITS, OR COMPENSATION OF ANY KIND WILL BE ISSUED FOR ANY REASON, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH CONTENT, UNUSED SUBSCRIPTION TIME, ACCOUNT SUSPENSION, OR TERMINATION FOR CAUSE.

7.7 Partial month billing. Any subscription period that has been started is due in full. No pro-rata refunds will be issued for partial months or partial billing periods, regardless of the date of cancellation or termination.

7.8 Failed payments. If a payment fails, we reserve the right to suspend or restrict access to the subscribed community until payment is successfully processed. Repeated payment failures may result in account suspension. Any outstanding amounts remain due and may be subject to collection efforts.

7.9 Price changes. Creators may modify their subscription prices at any time. Price changes will apply to new subscribers and to existing subscribers upon their next renewal date. Collective 1X3 is not responsible for price changes made by Creators.

8.1 Platform intellectual property. All elements constituting the Platform — including but not limited to its source code, architecture, design, layout, user interface, graphics, logos, trademarks, trade names, domain names, databases, software, algorithms, APIs, documentation, and all other proprietary content — are the exclusive property of Collective 1X3, protected by United States and international intellectual property laws, copyright laws, trademark laws, and trade secret laws.

8.2 Restrictions. No User may reproduce, copy, modify, distribute, transmit, display, sell, license, create derivative works from, or otherwise exploit any Platform content or intellectual property, in whole or in part, without the prior express written authorization of Collective 1X3. Any unauthorized use shall constitute infringement and may be prosecuted to the fullest extent of the law.

8.3 Creator content license. Creators retain ownership of the original content they publish on the Platform. However, by publishing content on the Platform, Creators grant Collective 1X3 a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, display, distribute, modify, adapt, and create derivative works of such content for the purpose of operating, promoting, improving, and marketing the Platform. This license survives termination of the Creator's account for content that has already been distributed or cached.

8.4 Member content restrictions. Members may not reproduce, download, redistribute, share, resell, or publicly display any content obtained from the Platform or any community on the Platform without the express written authorization of both the Creator and Collective 1X3. Unauthorized redistribution of paid content is a material breach of these Terms and may result in immediate account termination, legal action, and claims for damages.

8.5 DMCA and takedown requests. Collective 1X3 respects intellectual property rights. If you believe that content on the Platform infringes your copyright, you may submit a takedown request to contact@daway.club with sufficient detail to identify the infringing content. We reserve the right to remove any content at our sole discretion.

9.1 "As is" provision. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COLLECTIVE 1X3 EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND COMPLETENESS.

9.2 No guarantee of availability. COLLECTIVE 1X3 DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM MAY BE SUBJECT TO MAINTENANCE, UPDATES, OUTAGES, DISRUPTIONS, OR TECHNICAL ISSUES AT ANY TIME WITHOUT PRIOR NOTICE. COLLECTIVE 1X3 SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM SUCH INTERRUPTIONS.

9.3 No responsibility for Creator content. COLLECTIVE 1X3 IS NOT RESPONSIBLE FOR, AND DOES NOT ENDORSE, APPROVE, VERIFY, OR GUARANTEE THE ACCURACY, QUALITY, LEGALITY, SAFETY, OR APPROPRIATENESS OF ANY CONTENT PUBLISHED BY CREATORS ON THE PLATFORM. ALL INTERACTIONS BETWEEN CREATORS AND MEMBERS ARE SOLELY BETWEEN THOSE PARTIES, AND COLLECTIVE 1X3 SHALL NOT BE A PARTY TO ANY DISPUTE ARISING THEREFROM.

9.4 No responsibility for member disputes. COLLECTIVE 1X3 IS NOT RESPONSIBLE FOR ANY DISPUTES, DISAGREEMENTS, CONFLICTS, OR CLAIMS BETWEEN USERS OF THE PLATFORM, WHETHER BETWEEN CREATORS AND MEMBERS, BETWEEN MEMBERS, OR BETWEEN AFFILIATES AND CREATORS. USERS AGREE TO RESOLVE ALL SUCH DISPUTES DIRECTLY BETWEEN THEMSELVES.

9.5 No responsibility for financial losses. COLLECTIVE 1X3 SHALL NOT BE LIABLE FOR ANY FINANCIAL LOSSES, LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, OR ANY OTHER ECONOMIC LOSSES INCURRED BY ANY USER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE, AND REGARDLESS OF WHETHER COLLECTIVE 1X3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.

9.6 No responsibility for third-party actions. COLLECTIVE 1X3 SHALL NOT BE LIABLE FOR ANY ACTIONS, OMISSIONS, PRODUCTS, OR SERVICES OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO PAYMENT PROCESSORS (STRIPE), HOSTING PROVIDERS, CONTENT DELIVERY NETWORKS, OR ANY OTHER THIRD-PARTY SERVICE PROVIDER. USERS INTERACT WITH THIRD-PARTY SERVICES AT THEIR OWN RISK.

9.7 No responsibility for data loss. COLLECTIVE 1X3 SHALL NOT BE LIABLE FOR ANY LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS TO DATA, WHETHER RESULTING FROM TECHNICAL FAILURES, SECURITY BREACHES, USER ERROR, OR ANY OTHER CAUSE. USERS ARE SOLELY RESPONSIBLE FOR MAINTAINING THEIR OWN BACKUPS OF ANY DATA OR CONTENT THEY DEEM IMPORTANT.

9.8 Maximum liability cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF COLLECTIVE 1X3, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND PARTNERS, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE PLATFORM, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE USER TO COLLECTIVE 1X3 DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF THE USER HAS NOT MADE ANY PAYMENTS, THE MAXIMUM LIABILITY SHALL BE ZERO (0) EUROS.

9.9 Essential basis of the agreement. The limitations of liability set forth in this Article constitute an essential basis of the bargain between the User and Collective 1X3. The Platform would not be provided without such limitations.

10.1 No revenue guarantees. COLLECTIVE 1X3 MAKES ABSOLUTELY NO GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE AMOUNT OF REVENUE, INCOME, PROFITS, OR FINANCIAL RESULTS THAT ANY USER MAY ACHIEVE THROUGH THE USE OF THE PLATFORM. ANY TESTIMONIALS, CASE STUDIES, OR EXAMPLES OF RESULTS SHARED ON THE PLATFORM OR IN MARKETING MATERIALS ARE NOT INDICATIVE OF FUTURE RESULTS AND DO NOT CONSTITUTE GUARANTEES.

10.2 Individual effort. Results obtained by any User depend entirely on that User's individual effort, skills, dedication, market conditions, and numerous other factors beyond the control of Collective 1X3. The Platform provides tools; it does not guarantee success.

10.3 Not financial advice. Nothing on the Platform, in any community, course, or communication from Collective 1X3, shall be construed as financial, investment, tax, legal, or professional advice. Users should consult qualified professionals for such advice.

10.4 Waiver of financial claims. BY USING THE PLATFORM, YOU EXPRESSLY AND IRREVOCABLY WAIVE ANY AND ALL CLAIMS AGAINST COLLECTIVE 1X3 FOR FINANCIAL LOSSES, LOST PROFITS, LOST OPPORTUNITIES, OR ANY OTHER ECONOMIC DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM, ANY COMMUNITY ON THE PLATFORM, OR ANY CONTENT ACCESSED THROUGH THE PLATFORM.

10.5 Risk acknowledgment. You acknowledge and accept that all business and financial endeavors carry inherent risks, and you assume all risks associated with your use of the Platform and your reliance on any information or content obtained therefrom.

11.1 General indemnification. You agree to indemnify, defend, and hold harmless Collective 1X3, its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees, court costs, and expert witness fees) arising out of or relating to:

• Your use or misuse of the Platform;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right;
• Any content you post, publish, share, or distribute on or through the Platform;
• Any dispute between you and any other User of the Platform;
• Any claim by a third party related to your activities on the Platform;
• Your negligence, willful misconduct, or fraudulent behavior.

11.2 Control of defense. Collective 1X3 reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Collective 1X3 in asserting any available defenses. You shall not settle any such claim without the prior written consent of Collective 1X3.

11.3 Survival. This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Platform.

12.1 Termination by the User. Users may terminate their account at any time by contacting support at contact@daway.club or through the account settings on the Platform. Termination does not entitle the User to any refund of payments already made. Any outstanding fees remain due and payable.

12.2 Termination by Collective 1X3. Collective 1X3 reserves the absolute and unconditional right to suspend, restrict, or permanently terminate any User's account at any time, for any reason or no reason, with or without prior notice, and without liability. Reasons for termination may include, but are not limited to:

• Violation of any provision of these Terms;
• Fraudulent, abusive, or illegal activity;
• Repeated complaints from other Users;
• Inactivity for an extended period;
• Request from law enforcement or government authorities;
• Any conduct that Collective 1X3 determines, in its sole discretion, to be detrimental to the Platform, its Users, or its reputation.

12.3 No refund upon termination for cause. In the event of termination for cause (violation of these Terms, fraud, illegal activity, etc.), no refund, credit, or compensation of any kind shall be issued. Any pending Creator payouts may be withheld pending investigation.

12.4 Effect of termination. Upon termination, the User's right to access and use the Platform shall immediately cease. Collective 1X3 may, in its sole discretion, delete or retain any data associated with the terminated account. Provisions of these Terms that by their nature should survive termination (including, without limitation, intellectual property, limitation of liability, indemnification, and governing law) shall survive.

12.5 Creator community data. Upon termination of a Creator's account, Collective 1X3 has no obligation to preserve, export, or transfer any community data, member lists, content, or other information associated with the Creator's communities. Creators are solely responsible for maintaining their own backups.

13.1 Privacy Policy. The collection and processing of personal data by Collective 1X3 is governed by our Privacy Policy, which forms an integral part of these Terms. By using the Platform, you acknowledge that you have read and accepted our Privacy Policy.

13.2 GDPR compliance. Collective 1X3 is committed to complying with the General Data Protection Regulation (GDPR) for Users residing in the European Economic Area. Users may exercise their rights (access, rectification, erasure, portability, restriction, objection) by contacting us at contact@daway.club.

13.3 Data processing. Personal data is processed in accordance with our Privacy Policy for the purposes of providing the Platform services, managing accounts, processing payments, communicating with Users, improving the Platform, and complying with legal obligations.

13.4 Third-party processors. Collective 1X3 may use third-party service providers to process data on its behalf, including but not limited to Stripe (payments), email service providers, analytics providers, and hosting providers. Such processors are bound by appropriate data processing agreements.

13.5 Data security. While Collective 1X3 implements reasonable security measures to protect personal data, no system is completely secure. Collective 1X3 shall not be liable for any unauthorized access to or breach of personal data beyond its reasonable control.

14.1 Independent status. Affiliates are independent contractors. Participation in any affiliate program on the Platform does not create an employment, agency, partnership, or franchise relationship with Collective 1X3 or with any Creator. Affiliates are solely responsible for their own tax obligations.

14.2 Commission structure. Commission rates for affiliate programs are set by individual Creators (or by Collective 1X3 when applicable). Commission rates, payment terms, and conditions may vary between programs and are subject to the specific terms of each Creator's affiliate program.

14.3 Right to modify commissions. Collective 1X3 reserves the right to modify, adjust, or restructure the commission system, payout schedules, minimum payout thresholds, and any other aspect of the affiliate program infrastructure at any time, with or without prior notice. Creators also reserve the right to modify their own affiliate program terms.

14.4 No guaranteed earnings. COLLECTIVE 1X3 MAKES NO GUARANTEE THAT ANY AFFILIATE WILL EARN ANY COMMISSIONS OR INCOME THROUGH THE PLATFORM. AFFILIATE EARNINGS DEPEND ENTIRELY ON INDIVIDUAL EFFORT, MARKETING EFFECTIVENESS, AND MARKET CONDITIONS.

14.5 Prohibited affiliate practices. Affiliates shall not:

• Engage in fraudulent, deceptive, or misleading promotional practices;
• Use spam, unsolicited messages, or any form of aggressive or illegal marketing;
• Make false or misleading claims about earnings, results, or the Platform;
• Use cookie stuffing, click fraud, or other manipulative tracking techniques;
• Bid on branded keywords (Daway, daway.club, Collective 1X3) in paid advertising without prior written authorization;
• Create fake referrals, self-referrals, or otherwise artificially inflate commissions;
• Violate any applicable advertising regulations or consumer protection laws.

14.6 Fraud and immediate termination. Any form of fraud, manipulation, or abuse of the affiliate program will result in immediate and permanent termination of the Affiliate's account, forfeiture of all pending and unpaid commissions, and potential legal action. Collective 1X3 reserves the right to claw back commissions that were obtained through fraudulent means.

14.7 Commission disputes. In the event of a dispute regarding commissions, the decision of Collective 1X3 shall be final and binding. Collective 1X3 reserves the right to withhold commission payments pending investigation of suspicious activity.

15.1 Right to modify. Collective 1X3 reserves the right to modify, amend, supplement, or replace these Terms at any time, at its sole discretion, without prior notice. The updated Terms will be published on the Platform with the new "Last updated" date.

15.2 Acceptance of modifications. Your continued use of the Platform after the publication of modified Terms constitutes your irrevocable acceptance of such modifications. If you do not agree with the modified Terms, your sole and exclusive remedy is to discontinue use of the Platform and close your account.

15.3 Notification. While Collective 1X3 may, at its discretion, notify Users of material changes via email or in-platform notifications, it is under no obligation to do so. It is the User's responsibility to regularly review these Terms.

16.1 Governing law. These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict of laws principles.

16.2 Exclusive jurisdiction. Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of New Mexico, United States of America. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

16.3 GDPR compliance for EU Users. Notwithstanding the foregoing, Users residing in the European Union retain their rights under the General Data Protection Regulation (GDPR) and applicable EU consumer protection laws. Nothing in these Terms shall be construed as limiting the mandatory protections afforded to EU consumers by applicable EU law. However, for all non-mandatory matters and for Users outside the EU, New Mexico law and jurisdiction shall apply exclusively.

16.4 Amicable resolution. Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute amicably through good-faith negotiation for a period of thirty (30) calendar days from the date of written notification of the dispute. Such notification must be sent to contact@daway.club (for disputes against Collective 1X3) or to the email address on file for the User (for disputes against the User).

16.5 Class action waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST COLLECTIVE 1X3.

17.1 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and all remaining provisions shall continue in full force and effect.

17.2 No waiver. The failure of Collective 1X3 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of Collective 1X3. A waiver of any provision on one occasion shall not be deemed a waiver of such provision on any subsequent occasion.

17.3 Assignment. You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of Collective 1X3. Collective 1X3 may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, to any third party without notice or consent.

17.4 Force majeure. Collective 1X3 shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure results from events beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, wars, terrorism, riots, civil unrest, government actions or restrictions, sanctions, embargoes, labor disputes, strikes, fire, explosion, power outages, internet outages, telecommunications failures, cyberattacks, hardware or software failures, and any other force majeure event. During such events, Collective 1X3's obligations shall be suspended for the duration of the force majeure event.

18.1 Evidence of use collection. To prove the actual delivery of our services in case of a payment dispute (chargeback) initiated by you with your bank or card network, Collective 1X3 collects and retains technical evidence relating to your account use, including but not limited to: connection and lesson event timestamps, watch time on video content, IP address (HMAC-hashed for routine tracking and AES-256-GCM encrypted for evidence), user-agent, device type, downloads, account access logs, and acceptance of the Terms of Service and the Refund Policy with their corresponding versions.

18.2 Legal basis. This processing is based on our legitimate interest in defending the platform against fraudulent or unjustified payment disputes (Article 6(1)(f) GDPR). A balancing test is conducted: the data minimised, the IP encrypted at rest, access strictly limited to authorised staff with full audit trail, and retention capped per Article 18.4 below.

18.3 Recipient. In the event of a chargeback, this evidence may be transmitted to Stripe Inc. (our payment processor) and ultimately to the card network (Visa, Mastercard) and the issuing bank, exclusively for the purpose of contesting the dispute and proving the lawful execution of the contract.

18.4 Retention. Raw evidence (encrypted IP, lesson events) is retained for 18 months from the date of payment to cover the maximum chargeback window of card networks (~150 days) plus arbitration and representation buffers. Aggregated evidence (anonymised counters) may be retained for up to 5 years for accounting and audit purposes.

18.5 Your rights. You retain all rights set forth in our Privacy Policy: access, rectification, erasure (subject to retention obligations), portability, restriction, and lodging a complaint with the CNIL.

19.1 Contact us first. Before initiating any chargeback or payment dispute with your bank, you agree to first contact us at contact@daway.club. Most issues can be resolved amicably within a few business days, faster than any chargeback procedure.

19.2 Defense process. Upon receipt of a chargeback, we proceed as follows: (a) automatic compilation of the evidence file (Art. 18); (b) review by our team within 5 business days; (c) decision to refund, contest or partially contest. Our decision is communicated to Stripe within the applicable network deadline (typically 7–21 days).

19.3 Consequences of a chargeback found illegitimate. If, after review, the chargeback appears unjustified (proof of service rendered, no breach attributable to Daway), we contest it with full evidence. A chargeback found illegitimate by the card network may result in: (i) termination of your account, (ii) permanent ban from the platform, (iii) referral to a debt collection agency for any unrecovered amounts plus chargeback fees applied by Stripe.

19.4 Withdrawal waiver and chargeback. Where you have explicitly waived your 14-day right of withdrawal at checkout (see Withdrawal Waiver), any chargeback request based on the "product unwanted", "subscription_canceled" or "not_received" reason will be contested with the timestamped acceptance proof and the evidence of use file.

20.1 Entire agreement. These Terms, together with our Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and Collective 1X3 with respect to the use of the Platform. These Terms supersede all prior and contemporaneous agreements, understandings, negotiations, representations, and warranties, whether oral or written, relating to the subject matter hereof.

20.2 No third-party beneficiaries. These Terms do not confer any rights or benefits on any third party. Only the parties to these Terms may enforce or rely upon them.

20.3 Headings. The headings used in these Terms are for convenience only and shall not affect the interpretation of any provision.

20.4 Language. These Terms are drafted in English. In the event of any translation, the English version shall prevail in case of any discrepancy or conflict.

20.5 Contact. For any questions or concerns regarding these Terms, please contact us at: