Terms of Service

Version 2026-05-05 — Daway, a platform published and operated by Collective 1X3 (New Mexico, USA), daway.club. Contact: contact@daway.club.

Article 1 — Identification and Definitions

The "Daway" platform (primary domain daway.club; the daway.pro domain is also used to redirect to certain public pages) is published and operated by Collective 1X3, an entity registered in the State of New Mexico (USA) (hereinafter "Daway", "we", "us"). Throughout these Terms and the other legal documents, "Daway" means Collective 1X3 acting as operator of the platform and Merchant of Record for transactions. Contact: contact@daway.club. "User" means any person accessing the platform: the "Creator" (who publishes, sells or runs communities), the "Member" (who accesses content), the "Affiliate" (who promotes access for a commission) and the "Visitor".

Article 2 — Purpose and Scope

Daway is a SaaS platform enabling Creators to build, run and monetise online communities, and Members and Affiliates to access and promote access to them. These Terms apply to all Users without exception. Nothing accessible through the platform constitutes financial, legal, tax or investment advice.

Article 3 — Access Conditions

The User must be at least 16 years old (or the legal majority age in their jurisdiction) and have capacity to contract. One account per person. The platform is intended for and available only to Users located in the countries expressly authorised by Daway: paid access (payment and subscription) is restricted by IP geolocation at the time of payment, supplemented by a check on the issuing country of the payment method, and any request from a non-authorised country is blocked. The list of authorised countries is maintained by Daway, may change at any time and is available on request at contact@daway.club. As of this version, it covers the European Union and the European Economic Area, the United Kingdom, Switzerland and Monaco, the United States and Canada, the United Arab Emirates, a selection of Asia-Pacific and Latin American countries, and the French overseas territories. Any country not on this list is excluded.

Article 4 — Description of Services

Daway provides an evolving set of services to create, run and monetise online communities, including in particular: hosting of communities and member areas; tiered subscriptions, trials, one-off offers and digital products; courses, training and playbooks; live and on-demand video events and content; group and private messaging; affiliate programs and a creator economy (commissions, tiers, rewards); a system of credits and rewards that have no monetary value and are not redeemable for cash; a marketplace and ecosystem of third-party applications, together with an API and webhooks; email marketing, notification and analytics tools; AI-assisted features; and multinational communities with automatic translation of messages and content. Services are provided "as is" and "as available". Daway may at any time add, modify, limit or withdraw any feature, offer or service, without this giving rise to any compensation.

Article 5 — Creators: Status, Liability and Prohibited Content

Creators may be natural persons or legal entities. Their eligibility, status and payout limits are determined exclusively by the terms of Stripe and Stripe Connect, which Daway uses to process payments and disburse funds; a Creator may operate as an individual within the limits set by Stripe Connect. Creators are solely responsible for their content, offers and claims, for compliance with applicable data-protection law for what they collect, and for their tax, social and reporting obligations.

Daway acts as Merchant of Record. As such, it reviews content and products and may, at its sole discretion and without notice, suspend, remove, hide or refuse any content, offer or product it deems non-compliant, misleading, fraudulent, high-risk or dubious, freeze the related payouts, and take any appropriate measure (termination, reporting to authorities).

The following are strictly prohibited, in particular: any illegal, defamatory, hateful, pornographic content, or content infringing intellectual property rights; copy trading and trade copying; trading signals, investment advice, training or services, portfolio or third-party fund management; any regulated financial product or service offered without the required licence; pyramid, multi-level marketing (MLM), Ponzi or "matrix" compensation schemes; income promises, "get-rich-quick" systems, and any affiliation that rewards recruitment rather than the genuine sale of a product. Any breach results in immediate removal of the content and termination of the account without refund, without prejudice to any further action.

Article 6 — Member Obligations and Commitments

The Member undertakes to use the platform lawfully, fairly and in accordance with these Terms. The Member warrants the accuracy of the information provided, uses only one account, does not share it, and remains responsible for the confidentiality of their credentials and for all activity from their account.

The following are prohibited in particular: harassment, threats, incitement to hatred or violence, spam and unsolicited solicitation; fraud, identity theft, creation of multiple accounts and use of fraudulent or stolen payment methods; circumventing security, geoblocking, payment, pricing or moderation measures; scraping, automated extraction or access, reverse engineering, introduction of malicious code, and any impairment of the availability or integrity of the platform.

Paid content (courses, communities, files, live events) is strictly for the Member's personal use: any reproduction, account or credential sharing, capture, rebroadcast, resale or unauthorised redistribution is prohibited and infringes the rights of Daway and Creators. The Member shall not use the platform to promote the activities prohibited under Article 5, nor initiate unfounded payment disputes (chargebacks) within the meaning of Articles 18 and 19.

Any breach may result, depending on its severity and at Daway's sole discretion, in a warning, suspension or removal of access, termination of the account without refund, and, where applicable, recovery of amounts due, legal proceedings and reporting to the competent authorities.

Article 7 — Pricing and Payment

Payments are processed mainly through Stripe, on a non-exclusive basis: Daway reserves the right to use any other payment service provider, aggregator or institution, whether through Stripe or directly, and to change provider at any time, without notice. As Merchant of Record, Daway collects the amounts and issues receipts. Subscriptions renew automatically and are charged at each term until cancellation. No pro-rata refund is due for in-period cancellation. Refunds and any right of withdrawal are governed by the Refund Policy and the Withdrawal Waiver page. Daway may change its prices at any time, with new prices applying to subsequent terms.

Article 8 — Intellectual Property

The platform, its trademarks, logos, software, databases, interfaces and every element comprising it remain the exclusive property of Daway or its licensors and are protected by applicable law. Nothing herein transfers these rights; any unauthorised reproduction, extraction, adaptation or exploitation is prohibited. Creators retain rights to their original content but grant Daway a worldwide, non-exclusive, transferable and sub-licensable licence for as long as necessary to host, display, promote and operate the platform and services. Members and Affiliates grant an equivalent licence over the content they post. Each User warrants that it holds the rights to the content it uploads and indemnifies Daway against any third-party claim in this respect.

Article 9 — Limitation of Liability

The platform is provided "as is" and "as available", without warranty of results, continuity or freedom from error. Daway acts as a technical intermediary and Merchant of Record: it is not the author of Creators' or Affiliates' content, training, offers or claims and is not liable for them. Daway is not liable for disputes between Users, financial losses, decisions made on the basis of content, interruptions, data loss or third-party acts (including payment, hosting or communication providers), nor for any indirect, incidental or intangible damage (loss of revenue, data, customers or opportunity). To the extent permitted by applicable law, Daway's total aggregate liability, on any basis, is capped at the amount actually paid by the User to Daway during the three (3) months preceding the triggering event.

Article 10 — No Income Guarantee, Claims and Testimonials

Daway makes no guarantee of any income, gain, result or return on investment, whether in connection with use of the platform, courses, communities or affiliate programs, including Daway Affiliate. Results depend on factors specific to each User and vary. Daway is in no way responsible for promises, income projections or claims made by Creators, Affiliates or third parties, including within Daway Affiliate: these bind only their authors. Any testimonials or case studies shown are individual cases that are not indicative of future results and constitute no guarantee. Publishing fake, fabricated or misleading testimonials, reviews or results is strictly prohibited and results in removal of the content and termination of the account. No content on the platform constitutes investment, financial, legal or tax advice.

Daway does not control and is not responsible for content posted by Users (Members and Affiliates) on third-party platforms or social networks, including when promoting the platform. Such content binds only its author, who must comply with applicable law (in particular advertising and disclosure rules) and the terms of those platforms, and must not imply any approval, partnership or guarantee by Daway beyond what is accurate.

Article 11 — Warranty and Indemnification

The User warrants and indemnifies Daway, its officers, staff and partners against any claim, action, loss, judgment or expense (including reasonable defence costs) arising from (i) its use of the platform, (ii) its breach of these Terms or the law, (iii) the content, offers or claims it publishes or distributes, or (iv) the infringement of a third party's rights. Daway may, at its discretion, assume control of its own defence without releasing the User from its indemnity obligation. This clause survives termination.

Article 12 — Term, Termination and Account Deletion

These Terms apply for as long as the User holds an account or accesses the platform. The User may cancel subscriptions and request deletion of their account at any time from their account area or by writing to contact@daway.club; cancellation of a subscription takes effect at the end of the current period, with no refund of the remaining time. Daway may suspend, restrict or terminate access, immediately and without notice or refund, in the event of breach, fraud, legal risk, abusive chargeback or conduct harmful to the platform or its Users. Deletion of the account results in loss of access to content and of non-withdrawable balances (credits, rewards), without compensation. Certain data is retained after closure for legal and evidentiary periods (see Privacy Policy and Articles 18-19). Clauses intended to survive (intellectual property, liability, warranty, evidence, chargebacks, governing law) remain in force.

Article 13 — Personal Data

Personal data processing is governed by the Privacy Policy, which forms an integral part of these Terms. By using the platform, the User acknowledges having read it.

Article 14 — Affiliate Program, Anti-Fraud and Clawbacks

Affiliates are independent and act in their own name. Commissions are set by Creators or Daway and are due only on genuine, valid and non-refunded sales of products or subscriptions. The program is single-level: no compensation is paid for merely recruiting Affiliates or Members, which excludes any pyramid, multi-level marketing (MLM) or Ponzi structure.

Commissions become definitively vested only upon expiry of withdrawal, refund and dispute periods. In the event of a refund, cancellation, withdrawal or chargeback affecting a sale that generated a commission, the corresponding commission is cancelled and clawed back: Daway may deduct it from the Affiliate's present or future earnings or require its repayment.

All fraud is strictly prohibited, in particular: click or view fraud, fake traffic, bots, self-referral, multiple accounts, misleading incentives, cookie stuffing, spam, impersonation, manipulation of attribution, of view statistics (clipping/CPM) or of any reward, credit or competition mechanism. Daway may, at its sole discretion and without notice, suspend payments, cancel and claw back fraud-related earnings, forfeit non-withdrawn balances, ban the User and pursue any recovery action. Daway applies a reasonable anti-fraud verification period before any payout.

Article 15 — Modification of Terms

Daway may modify these Terms at any time. The applicable version is the one published on the platform at the date of use or purchase; its version and hash are timestamped and retained. In the event of a material change, fresh acceptance may be required. Continued use after publication constitutes acceptance.

Article 16 — Governing Law, Disputes and Final Say

These Terms and the relationship between the User and Daway are governed by the law of the State of New Mexico (USA). Daway is a US company and is not governed by French law or by the law of the European Union; it nonetheless takes into account the mandatory rights granted to consumers in their country of residence, which, where they apply on a mandatory basis, are not restricted by these Terms. Any dispute is first subject to an attempt at amicable resolution in writing at contact@daway.club. For disputes arising on the platform (refunds, product quality, conflicts between Creators, Members and Affiliates, suspected fraud), Daway decides as the final arbiter at its sole discretion: it strives to be fair, treats Creators as Users like any other, and tends to protect the end user, in particular in the event of a refund or suspected Creator fraud. Daway's decision is final as regards access to the platform and internal balances.

Article 17 — Severability, Force Majeure, Assignment, Waiver

If a clause is held invalid, it is deemed unwritten or reformed to the minimum necessary, without affecting the others. Daway is not liable for a failure due to force majeure or an event beyond its reasonable control (outage, attack, provider failure, authority decision). Failure to enforce a clause is not a waiver. The User may not assign its rights without Daway's written consent; Daway may freely assign or transfer these Terms in connection with a reorganisation or asset transfer.

Article 18 — Evidence of Use Collection and Chargeback Defense

To prove actual delivery of services in case of a payment dispute, Daway collects and retains technical evidence (timestamps, AES-256-GCM encrypted IP, user-agent, lesson events, watch time, timestamped acceptance of legal documents with their version and hash). Legal basis, for Users covered by the GDPR: legitimate interest (Art. 6(1)(f)) in preventing fraud and defending rights. Recipients: the payment provider(s) and their partners (card networks, issuing banks) upon dispute. Retention: 18 months for raw events, 24 months for the encrypted evidence file, 5 years for anonymised aggregates. This evidence may be produced to contest any chargeback.

Article 19 — Payment Disputes (Chargebacks): Procedure, Fees and Sanctions

Before any bank dispute, the User must contact contact@daway.club: most situations are resolved by a refund, which is faster than a chargeback. Any chargeback received is compiled into an evidence file (Article 18) and submitted to the payment provider as soon as possible.

Chargeback fees charged by networks and providers are passed on to and billed to the Creator involved in the transaction; Daway may deduct them from its balances or payouts. Any chargeback or refund further results in the cancellation and clawback of the corresponding affiliate commissions, in accordance with Article 14.

An abusive or fraudulent chargeback, in particular where the service was delivered and consumed, constitutes a serious breach that may result in: termination and permanent ban of the account, forfeiture of non-withdrawn balances, recovery of amounts due, fees and penalties, where applicable via a collection agency or court, and reporting to payment providers and authorities.

Article 20 — User Rights and Protections

Daway is committed to fair, non-discriminatory treatment of all Users and recognises the following protections, without prejudice to any applicable mandatory rights.

All Users: access to the legal documents and to a durable copy of the versions they accepted; access to support at contact@daway.club; security and confidentiality of data under the Privacy Policy; the right to cancel and delete their account at any time; prior notice of material changes to these Terms; the ability to report abusive content or behaviour and to obtain a review of a decision affecting them.

Members: a clear description of offers and renewal terms before any payment, with no hidden fees; provision of the access paid for; where a product is removed, a Creator is suspended, or a Creator is found in breach, Daway seeks a fair solution (refund, credit or equivalent access) in line with the Refund Policy; in a dispute or suspected Creator fraud, Daway tends to protect the Member; earned credits and rewards are removed only in case of fraud or breach.

Creators: retention of ownership of their original content (Article 8); payment of amounts due to them under the terms of Stripe and Stripe Connect, net of applicable fees, refunds and chargebacks; transparency on platform commissions and fees; for a non-urgent suspension, a statement of the reason and the ability to contest at contact@daway.club; Daway uses their content only to operate and promote the platform.

Affiliates: information on commission rates and attribution rules; payment of commissions due on genuine, valid and non-refunded sales, after the anti-fraud verification period; the ability to contest a clawback or a fraud determination at contact@daway.club, before any final measure where circumstances allow.

Visitors: access to public pages without creating an account, subject to these Terms and the Cookie Policy.

Article 21 — Entire Agreement

These Terms, together with the Refund Policy, the Privacy Policy, the Cookie Policy and the Withdrawal Waiver page, constitute the entire agreement between the User and Daway and supersede all prior agreements. Contact: contact@daway.club.