Terms of Use

Phenward:

• organizes the framework for content to appear,
• provides technical tools (accounts, marketplace, mission flows, automated URL checks),
• facilitates payment execution through an authorized third-party provider,
• records and materializes the act of publication validation within the limits of the product.

Phenward acts as a technical intermediary and online platform operator. It is not a party to the publication service contract between the publisher and the writer : that contract is concluded directly between them through use of the platform; Phenward is neither seller, buyer, nor co-contractor of the editorial or hosting service on the publisher’s site.

Unless mandatory law provides otherwise, Phenward may not be held liable for performance, quality, delay, or non-performance of that service, nor for content proposed, published, modified, or removed by users on third-party sites.

Users acknowledge that the platform is not a legal, tax, SEO, or media advisory service and that they remain solely responsible for their commercial and editorial choices.

The status of technical intermediary does not preclude Phenward's ability to administer the platform's technical flows (statuses, timelines, payment capture) in accordance with the rules set out in these ToU, in the interest of proper service operation. Such administrative acts do not constitute an intervention in the service contract between the parties and do not engage Phenward's liability in respect of the performance of that contract.

• Phenward is not the publisher of content or of users’ sites,
• it is not the seller of publication services in the sense that it does not perform publication on the publisher’s site,
• it guarantees no editorial, economic, traffic, ranking, or visibility outcome,
• it is not an insurer, guarantor, or surety for users’ reciprocal obligations.

Phenward is a neutral host within the meaning of the European e-commerce directive (Directive 2000/31/EC) and Article 6 of French Law No. 2004-575 of 21 June 2004 (LCEN) (French law provision). Editorial responsibility for published content lies exclusively with the publisher.

The publisher who makes content public on their site assumes the capacity of publishing director within the meaning of the French Law of 29 July 1881 on the freedom of the press (French law provision) and subsequent legislation, for all content published in the context of a Phenward mission. The publisher is solely responsible, in that capacity, for press offences (defamation, insult, incitement, etc.) that may be committed through the publication of content on their site.

Phenward, as a technical intermediary exercising no prior editorial control over the content of the publisher's site, cannot be classified as co-publisher or publishing director within the meaning of those provisions.

Registration is required to act on the platform.

Each user undertakes to:

• provide accurate information,
• use the platform in good faith,
• comply with marketplace rules.

The following are strictly prohibited, on the platform as well as in proposed content or publications carried out under the service (including on publishers’ sites when they are identifiably linked to a Phenward mission):

• any unlawful content or conduct under applicable laws and regulations,
• offensive, insulting, defamatory, harassing content, or content undermining human dignity,
• discriminatory content or statements (including based on origin, sex, sexual orientation, gender identity, disability, appearance, political or religious opinions, etc.),
• incitement to hatred, violence, terrorism, or crime; child sexual abuse material or any child-exploitation content; content promoting illegal products or activities,
• infringement of third-party rights (copyright, trademarks, image rights, trade secrets, etc.) when manifest or seriously reported.

The above list is non-exhaustive. Phenward may remove any item or restrict access in accordance with these ToU and the law.

Each user undertakes fair use of the service, in a logic comparable to professional connection marketplaces (such as freelancing platforms governed by public ToU - e.g. Malt : obligation not to circumvent the marketplace or contract a mission outside it, subject to damages): it is in particular forbidden to circumvent Phenward or its payment tools for the same economic purpose.

Principally, without this list being exhaustive:

• it is forbidden to contract or perform, outside Phenward, an equivalent publication service (same content, same writer / publisher / site combination, or same financial consideration) with a user with whom connection was obtained via the platform;
• it is forbidden to exchange contact details, quotes, or payments to avoid or reduce commissions or fees owed to Phenward;
• it is forbidden to pretend to run a mission on the platform while carrying out the economic exchange exclusively off the service.

The user acknowledges that circumvention of the platform is liable to cause harm to Phenward. When such a material breach occurs within twelve (12) months following connection between the relevant users via Phenward, Phenward may claim, without prejudice to disciplinary measures (Article 11) and legal remedies:

• Missed commissions: the amount of commissions it would normally have received on the circumvented transaction; in the absence of direct accounting evidence, this amount may be estimated from the price displayed or agreed on the platform for the mission concerned or a comparable mission.

• A flat penalty: a fixed amount of three thousand (3,000) euros per material breach, for administrative harm, detection, and fraud against service remuneration (distinct from commissions).

• Additional damages if Phenward proves actual harm exceeding the sum of the two preceding items.

The above amounts may be claimed from one or more users who participated in circumvention, jointly and severally where several co-perpetrators are established. Pre-existing relationships between parties duly disclosed to Phenward before connection on the platform are outside this scheme, where law or good faith so requires. Amounts may be revised in a later ToU version with effect for breaches after the update.

This prohibition does not, in itself, target exchanges between parties strictly necessary to settle after the fact a dispute over performance of a mission conducted through Phenward, provided they do not constitute circumvention within the meaning above.

The writer:

• makes structured content appear,
• sets an ex-VAT price for the publication service, subject to a variable minimum amount based on the writer’s selection criteria, as configured in the application at the time of submission (subject to updates to these ToU),
• may define minimum requirements.

Confidentiality of publisher information: information about the publisher disclosed at the application stage (including through platform features such as viewing the publisher’s sites in the context of an application) is strictly confidential and reserved for the ongoing transaction. Any use for prospecting, direct contact off the platform, or scraping constitutes a breach of these ToU and may result in immediate account suspension, without prejudice to other measures below.

Appearing on the marketplace is free. No payment is required without publication.

Unless explicitly and visibly stated otherwise on the content listing (e.g. republication allowed, syndicated content), the writer warrants that the proposed content is not already published, in whole or in material part, on another publicly accessible website (including under another URL, language, or lightly modified form if the substance of the text is the same). The writer undertakes not to publish the same content elsewhere in a way that cancels or reduces the value of the mission for the publisher, in compliance with the law and these ToU.

The Writer guarantees having all necessary rights for the images, illustrations, and other visual elements they include in their content, in particular the rights of reproduction and representation. The Writer is solely responsible in case of any infringement of third-party rights related to the uploaded visuals. Phenward shall not be held responsible for any unauthorized use of images by a Writer.

The originality warranty provided in this article applies at the time the content is submitted on the platform. After publication, the writer retains the right to exploit their content elsewhere in accordance with Article 5.6 (Publication licence).

The publisher:

• browses content that has appeared,
• freely selects a piece of content,
• chooses to make it public on their site,
• provides the publication URL.

The URL and publication page must correspond to actual go-live of the commissioned content on the relevant site; the publisher must not submit a URL whose content is in substance already published elsewhere in a misleading way or unrelated to the mission, subject to the measures provided in these ToU.

Sponsored content disclosure: the publisher undertakes to comply with applicable rules on identifying sponsored content, including explicit disclosure requirements enforced by DGCCRF. Phenward disclaims all liability for failure to comply.

Any price negotiation, conclusion or performance of the publication service, and any related payment off the platform with a user connected via Phenward are prohibited - see Article 4.3.

When applying, the platform may allow a price offer above the listed price within limits set by business rules (e.g. maximum uplift as a percentage defined in the application).

Sequence: after the writer accepts an application, the publisher confirms their commitment on the platform; a PaymentIntent is created and the writer authorizes the amount (hold). The publication deadline for submitting the URL starts from that effective authorization. See Section 6.1.

The publisher submits the publication URL when the mission is awaiting publication, within the limits of the interface (in particular after a Stripe payment is awaiting capture - requires_capture - on the writer side).

The platform runs automated checks on the URL: reachability (HTTP/HTTPS), security safeguards, and consistency between the fetched page and the commissioned content (titles, text, keywords, etc.). If these checks fail, the URL is not accepted at this stage and payment is not captured.

Automated checks - assistance for the writer: automated verification tools are provided for assistance only. Final validation and triggering payment are the sole responsibility of the writer. Phenward accepts no liability for the results of automated verification.

If URL checks succeed, the mission moves to pending validation: the writer must in principle explicitly confirm on the platform that the publication is acceptable. That confirmation triggers capture of payment through the provider (Stripe) and sets the mission status to completed.

Validation period and automatic validation: the platform calculates a validation period (parameters shown in the interface and technical settings, including auto-validation timing and publication deadline). When this period expires without explicit confirmation from the writer, the platform may automatically validate the publication and trigger capture of payment with the same effects as manual validation. The writer may be notified by e-mail (including reminders before the deadline and when automatic validation occurs).

Publication deadline: the publisher must submit the publication URL before the publication deadline set for the mission. If not, the mission may be cancelled and the payment authorization on the writer’s payment method released or cancelled under the payment provider’s rules (Stripe), without entitlement to compensation from Phenward beyond the scope of these ToU.

Reminders and operational messages: the platform may send automated e-mails (including reminders before certain deadlines: publication, validation), strictly related to performance of missions and service operation. Use of the service constitutes acceptance of receiving these operational messages, distinct from commercial communications subject to consent and applicable law.

By validating publication on the platform, or if automatic validation occurs at the end of the period without contrary action by the writer, the writer acknowledges that the service is fully performed and expressly waives the right of withdrawal in accordance with Article L221-28 of the French Consumer Code (as applicable). This effect is recorded by the platform.

14 days - marketplace visibility: content that has “appeared” on the marketplace but is not carried through to a completed mission stops being offered there after 14 days (automatic expiry in the application), subject to service actions (e.g. re-listing by the writer).

Ongoing availability undertaking (publisher): when adding a site, the publisher chooses and formally accepts a minimum online retention period from the options shown in the application: minimum one year, minimum two years, or at least two years with no declared maximum duration. Articles published via Phenward on that site remain accessible for at least the selected period; the "at least two years with no declared maximum duration" option sets a two-year floor and does not mean there is no retention obligation or freedom to remove content without complying with applicable rules. Acceptance is recorded via checkboxes and timestamps. This period is separate from the 14-day rule above, which concerns content visibility on the marketplace before selection.

After capture and a completed mission, Phenward does not perform continuous monitoring of the publisher’s site; ongoing editorial maintenance is for the publisher, subject to the minimum duration declared for that site.

A publisher failing to publish content, delaying without platform fault, or unpublishing, removing, hiding, or materially altering content after validation and capture is solely their responsibility and their contractual obligation toward the writer.

Phenward does not perform publication on the publisher’s site and does not warrant that the publisher will meet editorial commitments beyond the tools and statuses shown on the platform. Accordingly, non-publication, takedown, or any resulting consequence for either party does not engage Phenward’s liability as a technical intermediary, subject to these ToU and the law.

Phenward brings to users’ attention their obligations and role allocation through: these ToU, the privacy policy, legal notices, in-app copy and checkboxes (notably when adding a site, on missions, and in the payment flow), and contextual service messages. Each user is responsible for taking them into account before acting.

By validating publication of a mission on the platform — or if automatic validation occurs at the end of the applicable period — the writer grants the publisher a non-exclusive, worldwide licence, for the duration of the online availability commitment recorded in the mission (as contextually accepted by the publisher when adding the site), to reproduce and communicate the textual content on the site designated in the mission, solely for the purposes of that publication.

Scope: the licence covers reproduction and communication to the public on the identified site. It does not entail assignment of the author's economic rights, nor any right of adaptation, translation, sub-licensing, or exploitation on other media, unless separately agreed between the parties.

Duration: the licence is granted for the duration of the online availability commitment applicable to the mission concerned (permanent, minimum 1 year or minimum 2 years depending on the publisher's choice recorded at the time the application was accepted). Beyond that minimum period, the publisher may maintain the publication; the writer may request removal by direct contact with the publisher. Phenward does not intervene in such a removal request.

Exclusivity: the licence is non-exclusive. The writer retains the right to exploit the content elsewhere after publication, subject to Article 5.1 and the obligation not to undermine the commercial value of the mission in progress on the platform.

Images and visuals: rights in images included by the writer are subject to Article 5.1 (writer's warranty). This licence extends to visuals provided solely in the context of publication on the designated site.

After the writer accepts an application, the publisher must confirm their commitment on the platform within the displayed time limit. Confirmation creates a PaymentIntent: the writer authorizes the amount on their payment method (hold). The publication deadline by which the publisher must submit the live URL starts from that effective authorization (requires_capture or equivalent with the payment provider).

The amount is captured on the writer’s payment method when the writer validates publication on the platform or when automatic validation occurs at the end of the applicable period, after automated URL checks and transition to pending validation.

The publisher sells the publication service.

The writer purchases that service.

Phenward invoices a commission.

The commission received by Phenward is the consideration for platform usage fees (marketplace access, mission flows, technical checks, and payment facilitation). It is separate from the publication service price agreed between writer and publisher: that price is settled through the payment provider with allocation operated notably under Stripe Connect (publisher connected account, authorization and capture on the writer side), according to parameters shown in the interface.

The commission:

• is invoiced by Phenward,
• is subject to applicable VAT,
• is covered by a separate invoice,
• is not equivalent to the editorial service price between the parties, even if its amount appears in the same payment flow.

The publisher authorizes Phenward to issue, in the publisher’s name and on their behalf, the invoice relating to the publication.

The publisher remains solely responsible for:

• applicable VAT,
• their tax obligations.

Amounts corresponding to the publication service (excluding Phenward’s commission) are handled by the payment provider, under its rules and timelines. Phenward does not hold users’ funds in that capacity and is not debtor for the full transaction amount to the writer or publisher.

After capture of payment and a completed mission on the platform, no automatic refund is owed by Phenward. Any dispute over quality, duration, or conformity of the service afterward falls, unless gross and exclusive fault by Phenward is duly established, to the direct relationship between users and, where applicable, the payment provider’s procedures (dispute, chargeback, etc.), without Phenward being required to provide financial settlement.

Absolute cap: if a legal duty to make restitution were recognized against Phenward (other than in case of its own fraud), any sum potentially owed by Phenward for a given transaction may not exceed the total commissions and other remuneration actually received and retained by Phenward on that same transaction, excluding indirect or non-material damage except where mandatory law requires otherwise. In no event will Phenward refund or advance the publication service price itself.

Commissions already invoiced and collected by Phenward for missions completed in accordance with these ToU and service operation are not refundable, except for manifest invoicing errors or express legal obligation.

Banking disputes (fraud, card disputes, chargebacks, retrobilling) are handled exclusively by the payment provider (Stripe) between the writer and the publisher.

Phenward is not a party to these disputes.

Phenward may only provide factual information at the payment provider’s request (validation date, publication URL, transaction logs).

Phenward never decides a banking dispute.

A banking dispute or chargeback creates no refund obligation on Phenward’s part beyond the scope of Article 6.5 and legal obligations expressly imposed on Phenward.

Disputes over performance of the publication service (including failure to publish, takedown, online duration, later conformity) or over allocation of funds by the provider may lead to exchanges between the parties and recourse to the payment provider, subject to Article 4.3: the mission concerned must have been concluded and settled in compliance with Phenward; no circumvention of the platform may be justified by a later disagreement.

Depending on the nature of the dispute and available features, the parties may open or pursue a dispute with the payment provider (Stripe), including under Stripe Connect (connected accounts, customer area or dashboard, dispute or claim procedures provided by Stripe), within Stripe’s contractual timelines and conditions. Phenward is not a substitute for Stripe in investigating or deciding these disputes; where applicable it may transmit factual information (mission status, URL, dates, technical logs) at the provider’s request or as required by law.

Phenward commissions remain governed by Articles 6.3 and 6.5: they correspond to platform usage fees and are not the same as the service price between the parties.

Phenward’s liability is strictly limited to its role as technical intermediary and platform operator, within the limits set by these ToU and by law.

Except for gross fault or fraud duly established against Phenward, it may not be held liable in particular for:

• the content of articles, texts, media, or links proposed or published by users,
• the accuracy, lawfulness, or currency of information shown on third-party sites,
• users’ editorial, commercial, or strategic decisions,
• a publisher failing to publish or unpublishing content (before or after validation), except where exclusive fault by Phenward is duly established,
• later removal, modification, unavailability, or delisting of content on the publisher’s site,
• interruptions, slowdowns, or malfunctions attributable to third parties (hosts, Stripe, networks, APIs),
• loss of revenue, data, SEO, reputation, or any indirect damage, even if Phenward was informed of the possibility of such damage,
• purely contractual or tort disputes between writers and publishers.

Checks run by the platform on URLs (accessibility, security, consistency with commissioned content) are technical assistance tools. They do not amount to an absolute guarantee of editorial, legal, or commercial conformity of the published page nor to a waiver by the writer to exercise their own judgment before validation.

Except where mandatory law provides otherwise, compensation owed by Phenward for breaches exclusively attributable to it is, for all direct loss, capped at the total commissions actually received by Phenward over the twelve (12) months preceding the event giving rise to liability, and may not exceed, for a given mission, the amount referred to in Article 6.5.

Phenward shall not be liable for any failure or delay in performance due to force majeure under French law or any event beyond its reasonable control.

The platform computes a reputation level for each publisher from their history (e.g. categories such as reliable, caution, risk), notably based on application cancellation rate and other signals recorded in the service. Thresholds and labels shown are those actually configured in the application.

A structured post-publication reporting system (with dedicated timelines and sequencing as described in older documentation versions) is not the mechanism currently carried by the product for this reputation.

Phenward may take graduated measures in the interest of proper marketplace operation:

• warning,
• temporary access restriction,
• account suspension,
• permanent exclusion.

Phenward reserves the right to exclude a user in case of:

• serious or repeated breach of the ToU,
• fraud or attempted fraud,
• harm to marketplace integrity,
• conduct likely to undermine other users’ trust.

Exclusion may be temporary or permanent, depending on the seriousness of the facts.

In case of content or conduct falling under Article 4.2, or where seriousness or urgency so requires (manifest harm to public order, persons’ rights, user safety, or service reputation), Phenward reserves the right to take immediate measures, including: removal or masking of content, access suspension, and permanent account deletion without notice or prior formal demand.

This power is exercised without prejudice to legal proceedings or reports to competent authorities. It is subject to mandatory consumer rights and legal obligations binding on Phenward.

These ToU are governed by French law.

In the event of a dispute over the interpretation or performance of these ToU, and failing amicable resolution or mediation:

• Professional user: the competent courts of Paris (France) shall have exclusive jurisdiction, regardless of plurality of defendants or third-party claims.
• Consumer user: the consumer may, at their choice, bring proceedings before the courts of their domicile or those of Phenward's registered office, in accordance with applicable provisions of the French Code of Civil Procedure (French law provision).

For consumer users residing in the European Union outside France, the protective provisions of Regulation (EU) No 1215/2012 (Brussels I recast) apply.

In accordance with Articles L. 612-1 et seq. of the French Consumer Code (French law provision), any consumer user who has not obtained satisfaction through a prior complaint addressed to Phenward (contact@phenward.com) may refer the matter free of charge to the competent consumer mediator:

CM2C (Centre de Médiation de la Consommation de Conciliateurs de Justice) 14 rue Saint-Jean, 75017 Paris https://www.cm2c.net/

The mediator may be contacted within one (1) year of the written complaint sent to Phenward that remains unanswered or unsatisfactorily answered within thirty (30) days.

Recourse to mediation is free for the consumer and without prejudice to their right to bring legal proceedings.