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Terms of service – RunMotion Coach Running App

TERMS OF SERVICE
– RUNMOTION COACH –

Article 1 – Preamble and purpose

The mobile application RUNMOTION COACH (hereinafter “the Application”) is published by the simplified joint stock company COACHING 4.0, whose head office is located 166 Chemin des Varons – 73 370 LE BOURGET-DU-LAC, registered under the RCS CHAMBERY number 833 421 894, represented by Mr Romain ADAM in his capacity as President (hereinafter COACHING 4.0).

The Application is intended to provide a running training program by offering professional advice to individuals (hereinafter the “USER” or the “USERS”).

These Terms of Use are intended to govern the relationship between COACHING 4.0 and USERS using the Application to the exclusion of professional use.

The USER acknowledges having read, before downloading the Application and its registration, these terms and conditions of use and accept them without restriction or reservation.

The creation of an account by the USER entails acceptance, without reserve, of the present general terms of use as defined below, and the USER agrees to respect them.

Article 2 – Registration conditions

2.1 – Technical prerequisites

USERS must have their own hardware and tool for connection and connection to the Internet, at their own expense, to use the Application, provided that certain functionalities are accessible offline only in case of subscription to the version pay.

In any case, USERS remain responsible for their computing environment and the compatibility of their hardware with the Application.

2.2 – Registration and account creation

Only natural persons can register on the Application.

To access the services offered by COACHING 4.0 on the Application, the USER must either enter some minimum data (first name, date of birth, information on his practice of running) and he can create an account by filling out the form and by providing online information and identification fields.

Registration and use of the Application must be personal, as each USER can only create one account.

By registering, the USER declares and guarantees:

to be a natural person and to contract as such;
be in good health and fit for running;
be of full age and have the full capacity to engage under these Terms and Conditions;
not to contract as a professional or as part of his professional activity.

When creating his account, the USER is invited to choose a password that the USER undertakes to keep confidential and is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, COACHING 4.0 can not be held responsible for unauthorized access to the account of a USER.

2.3 – Right of withdrawal

In accordance with the provisions of the Consumer Code, the USER has a right of withdrawal for a period of fourteen clear days from registration in the Application, without having to justify reasons or to pay penalties.

However, it is recalled that the right of withdrawal can not be exercised for contracts for the supply of services whose execution began, with the agreement of the consumer, before the end of the period of fourteen clear days.

This will be the case each time the USER has downloaded the Application on their mobile phone.

2.4 – Unsubscription and deletion of the Application

Without prejudice to his right of retraction, the USER has the possibility to unsubscribe and delete his account at any time.

The USER is free to remove the App by uninstalling it from his phone at any time, without any charge.

Article 3 – Description of the features of the Application

3.1 – Services available from the free version of the Application

Creation of a training plan according to the experience, the main objective and the timetable filled in by the USER
Automatic calculation of training speeds
Automatic calculation of target heart rate recommended for training

3.2 – Services available since the paid version of the Application – “Premium”

Creation of a training plan according to the experience, the main objective and the timetable filled in by the USER, who then adapts according to the feedback given by the USER after each training
Possible addition of intermediate runs to enhance the preparation
Automatic calculation of training speeds
Automatic calculation of target heart rate recommended for training
Display of training instructions with a chatbot
Display of training instructions with a chatbot
Viewing videos and tips messages

Article 4 – Rates and billing

COACHING 4.0 offers a free version of the Application during a test period offered to the USER. This duration is likely to vary according to the offers and the evolution of the application. COACHING 4.0 reserves the right to make it payable at any time.

COACHING 4.0 then offers a paid version of the Application offering more features, as detailed in Article 3 above.

COACHING 4.0 reserves the right to change prices at any time.

The paid version will be charged € 9.99 including VAT for ONE (1) month or 24.99 euros for THREE (3) months or 59.99 euros for ONE (1) year, sum which will be paid by the USER directly from the store of his smartphone. At the end of each subscription period, the subscription to the paid version will be renewed tacitly unless terminated by the USER without notice for the same commitment period.

Articles of the consumer code:
Article L215-1: For service contracts entered into for a fixed period with a tacit renewal clause, the service provider shall inform the consumer in writing, by registered letter or by e-mail, no earlier than three months and at the earliest one month before the expiry of the period authorizing the rejection of the renewal, the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear and comprehensible terms, mentions, in an apparent box, the deadline for non-renewal.
Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal.
Advances made after the last renewal date or, in the case of open-end contracts, after the conversion date of the initial fixed-term contract, are reimbursed within 30 days of the termination date. , less the corresponding sums, up to this one, in the performance of the contract.
The provisions of this article are without prejudice to those which legally submit certain contracts to specific rules regarding the information of the consumer.

Article L215-2: The provisions of this chapter are not applicable to operators of drinking water and sanitation services.

Article L215-3: The provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals.

Article L241-3: When the professional has not proceeded to the reimbursement under the conditions provided for in Article L. 215-1, the sums due are yielding interest at the legal rate.

Mobile operators may bill the USER for the internet connection necessary to use the Application.

Article 5 – Obligations of the USER

The USER undertakes to:

be of age at the time of use of the Application;
respect the recommendations of COACHING 4.0 and more particularly the provisions of these general conditions;
be in good health and fit for running, before starting any training program, you should check with a health professional;
use the Application with caution and judgment: the Application is not a substitute for the advice of a health professional, the USER must stop training in case of pain, uncomfortable or unusual sensations;
not to publish content (images, photographs, comments, etc.) contrary to public order and morality or to infringe on third parties (defamation, invasion of privacy, etc …);
not to publish content (images, photographs, comments, etc.) infringing intellectual property rights held by a third party;
respect the laws and regulations in force;
make a strictly personal use of the Application and, in any case, not to make a professional / commercial use of the Application and / or its contents.

The USER will be fully and solely responsible for any damage resulting from non-compliance with these terms and conditions, COACHING 4.0 being released from any liability in the matter.

Article 6 – Liability
6.1 – Liability due to content posted by the USER

COACHING 4.0 is not responsible for the content posted on the Application (images, photographs, comments …) by the USER but reserves the right to moderate or delete said contents if they infringe the rights of a third party or violate in any way, to the laws and regulations in force.

6.2 – Accessibility of the Application and malfunctions

COACHING 4.0 is committed to making its best efforts to ensure that the Application is accessible and operational at all times. However, COACHING 4.0 is bound, in this respect, by an obligation of means and not of result, COACHING 4.0 not offering any guarantee of continuity of its services.

In particular, the responsibility of COACHING 4.0 can not be sought in case of malfunction or lack of functioning of the Application resulting from non-coverage or bad coverage 3G / 4G.

In addition, reserves the right to temporarily interrupt the accessibility of the Application for maintenance, healing and / or evolutionary reasons. However, COACHING 4.0 is committed to making its best efforts to minimize downtime.

Thus, the USER declares that he knows the Internet well and accepts the limits as constraints. In particular, he acknowledges that:

– the reliability of the transmissions is uncertain because, in particular, of the heterogeneous nature of the infrastructures and networks on which they circulate and that, in particular, failures or saturations can occur;

– restrictions on access to certain networks may exist and be conditional upon the conclusion of a specific agreement;

– Internet users can connect their computer equipment anywhere and can, where appropriate, divert, disseminate, alter, destroy or falsify data, software and / or content circulating on the Internet, despite the establishment of access control procedures, in particular by password or other access code. Consequently, it is up to the USER to take any measure that he deems appropriate to ensure the safety of his equipment and his own data, software or other, including contamination by any virus and / or attempted intrusion which he could be a victim;

– any equipment used for connection to the Application is and remains the sole responsibility of the USER.

The use of the Application is at the risk and peril of the USER, who recognizes it and undertakes to take all necessary precautions to use the Application in accordance with these terms of use.

Therefore, the responsibility of COACHING 4.0 can not be sought by the USER for any damage, in particular in case of data loss, degradation of the equipment of the USER, which could arise due to the use of the ‘Application.

Thus, COACHING 4.0 will engage its responsibility only in case of damage resulting from a dysfunction blocking the access or making the use of the Application impossible or very difficult for the USERS, of which it would be demonstrated that it comes exclusively of COACHING 4.0.

In any case, the liability of COACHING 4.0, if proven, would be limited to the provision of access to the Application in accordance with the provisions of these general conditions.

It is excluded the repair of any other damage and in particular any indirect damage, material or intangible, such as moral damage, financial loss of luck, loss of profit, loss of profit, damage to the image, etc.

COACHING 4.0 holds an insurance policy guaranteeing the pecuniary consequences of its civil liability in case it is engaged.

6.3 Obligation of means of COACHING 4.0 as to the sports results

COACHING 4.0 provides the USER with a personalized training program for running.

COACHING 4.0 has an obligation of result in the supply of the training program. On the other hand, it is expressly understood between the Parties that the sports results of the USER are not guaranteed by COACHING 4.0. Thus, COACHING 4.0 is not responsible if the USER does not reach the goal that he set himself by starting the training program.

6.4 – Safety rules for the practice of running – Responsibility of the USER

The USER uses the Application under his sole and entire responsibility.

COACHING 4.0 will not be responsible in any way for any document or content, including, but not limited to, any error or omission in any document or content, or for any loss, injury or damage of any kind incurred as a result of using any document or content available on the Application.

The Application is not suitable for minors.

The USER expressly acknowledges and agrees that the Application and its content are best adapted to the information it has provided and that it is therefore its responsibility to provide COACHING 4.0 with accurate information so that the program is the most appropriate to his personal situation.

The information provided on the Application does not replace the advice or recommendations of a qualified professional when making decisions in the field.

Also, the Application must be used as a tool of assistance but does not replace in any case the appreciation and the judgment of the USER who remains alone master of its security and its choices in front of the external data in particular.

As such, it is recalled that the practice of sports requires a controlled knowledge of the terrain and conditions and acceptance of a degree of risk appropriate to his abilities and experience.

The USER is invited to report any changes and / or errors of which he is aware as well as any comments relating to the training program, with a view to updating and / or improving the service.

In any case, the USER is invited to use the Application with caution and discernment in the interpretation and use of documents and content. The USER remains solely responsible for his safety and his choices during training. He is also the only one able to estimate his physical abilities.

The USER must take into account the difficulty of the program, the configuration of the premises and his physical abilities.

COACHING 4.0 declines all responsibility in case of incidents of any kind that may result from the use or interpretation of the content provided on the Application.

It is recalled that most of the features of the Application are not accessible without a network.

Article 7 – Intellectual property

7.1 – Intellectual Property Rights of COACHING 4.0

Are the property of COACHING 4.0 and subject to the laws governing intellectual property, including the layout, structure, trademarks “RUNMOTION” and “RUNMOTION COACH” and the graphic and textual elements of the Application as well as any content directly provided by COACHING 4.0.

The use of the Application confers no rights on the USERS other than a personal, non-transferable and non-exclusive use of the Application and its contents.

Accordingly, the USERS may not, under any circumstances and in any way, reproduce, represent, distribute, market, copy, translate, adapt, extract and / or decompile all or part of any of the elements reproduced on the Application and all or part of the Application in general, without the prior and express agreement of COACHING 4.0, except for the contents of which they are at the origin or which belong to a third subject subject, in this hypothesis, to respect the terms of the license chosen by their author.

Article 8 – Personal data

Typology of the data collected:

The personal data collected and subsequently processed by COACHING 4.0 are those that the USER voluntarily transmits via the Application.

Purpose of the collection:

The USER authorizes COACHING 4.0 to save this personal information in a file, for the proper functioning of the services offered within the Application, the automated profiling of the USERS, the management of the customers.

Transmission of data to third parties:

The data may be, as far as necessary, transmitted to our technical service providers (IT providers, hosts, etc …) to respond favorably to the demands of the USER and perform the service.

No transfer of the personal data of the USER is operated outside the European Union.

Shelf life of the data:

The data are stored and kept for the period strictly necessary for the fulfillment of the above purposes.

Retention period of the data?

The data are kept for a period of THREE (3) years.

Rights of access and rectification:

The USERS are informed that, in accordance with the French and European regulations in force, they have the following rights provided that they prove their identity:

The right to oppose, for legitimate reasons, that the personal data concerning him / her are the subject of treatments other than those announced herein which he / she has consented to;
The right to oppose, free of charge, that the data collected is subject to current or future commercial treatment by the controller;
The right to inquire about the processing of personal data;
The right to obtain information about the processing of personal data managed by COACHING 4.0 and all information to know and, if necessary, challenge the logic that governs the processing of such data. THE USER ;
The right to obtain a copy of the personal data concerning him, as well as a right of rectification, portability, update or suppression of all or part of said data.

For any question or request relating to the protection of privacy, USERS may contact COACHING 4.0 at the following address: contact@run-motion.com or by mail to the following address: SAS COACHING 4.0, 166 roads Varons, 73370 Le Bourget du Lac.

Article 9 – Data security

COACHING 4.0 pays particular attention to the protection of the personal data of USERS against any form of damage, loss, misappropriation, intrusion, disclosure, alteration or destruction.

This vigilance is carried out:

by the use of cryptographic means in the transmission of data (SSL);
by a commitment of strict confidentiality of the personnel of COACHING 4.0 who would have access to the personal data of the USERS;
by backups of the data.

Article 10 – Termination of Account – Deletion of Access to the Application

In the event of a breach by the USER of any of the obligations incumbent upon him, COACHING 4.0 reserves the right, without prejudice to the damages that it may claim, if applicable, to terminate, by operation of law, the account of the USER and to remove all access to the Application under the conditions below:

In the event that the breach can be repaired by the USER, COACHING 4.0 will give notice to the USER to comply with his commitments by email to the address given by the USER. If the latter does not accede to this request within the time allotted to him in the formal notice, COACHING 4.0 may terminate the contract and delete the account of the USER as of right.

In the event that the breach found concerns an essential obligation of the contract and is not repairable or corresponds to the lack of knowledge or the violation of any regulation, COACHING 4.0 may proceed to the termination of the account and the removal of any access to the Application without prior notice, within twenty-four (24) hours of receipt of this notification by email to the address provided by the USER.

In any case, in case of termination, for any reason whatsoever, the USER will cease all use of the Application and its contents.

Article 11 – Force majeure

Any breach by COACHING 4.0 of any of its obligations due to the occurrence of an event of force majeure, namely an external event, irresistible and unpredictable, which prevents or makes abnormally difficult the performance of the obligation in cause, will not incur liability.

Article 12 – Non-Waiver

The fact, for COACHING 4.0, not to apply, not to require the application or not to avail of any of the provisions of these terms and conditions can not be interpreted as a waiver to invoke later this provision or any other.

Article 13 – Changes to these terms and conditions and applicable version

COACHING 4.0 reserves the right to modify the provisions of these terms and conditions at any time without notice.

The USER will be notified of any change to the email address he has communicated to COACHING 4.0 or by push notification. He will have to read and accept the new provisions of the general terms and conditions if he wishes to continue using the Application.

In case of contradiction between the terms of the French version of these terms and conditions and the terms of the general conditions in another language, the French version will prevail.

Article 14 – Transfer

The USER authorizes already COACHING 4.0 to transfer the benefit of these General Conditions to the benefit of any other legal entity, in case of merger, absorption, transfer of the business or branch of activity or any other operation resulting in a change of contracting party.

The assignee will then be fully subrogated to COACHING 4.0 in the rights and obligations resulting from these Terms and Conditions.

Article 15 – Independence of clauses

In the event that one or more stipulations of the present conditions were to be held invalid, the validity of the other stipulations could not be questioned unless they were inseparable with the invalidated provision.

Article 16 – Applicable Law and Jurisdiction

16.1 These General Conditions are subject to French law.

16.2 In the event of a dispute concerning, in particular, these Terms and Conditions or the use of the Application, the USER is informed that he / she may make a free use of a consumer mediator, external to COACHING 4.0, for the amicable resolution of the litigation, in accordance with the provisions of the Consumer Code.

The USER will find information on this subject and a list of mediating bodies on the European platform for Online Settlement of Disputes (RLL) between consumers and professionals, available at the following address: https://webgate.ec. europa.eu/odr/main/?event=main.home.show

16.3 In the absence of mediation, the jurisdictional jurisdiction is that of the French courts.

The competent court will be appointed according to the rules of procedure in force in France at the time of the dispute.