Terms of service - RunMotion Coach Running App

Article 1 – Preamble and Purpose The mobile application RUNMOTION COACH (hereinafter “the Application”) is published by the simplified joint stock company COACHING 4.0, with its registered office located at 166 Chemin des Varons – 73 370 LE BOURGET-DU-LAC, registered under the number RCS CHAMBERY 833 421 894, represented by Mr. Romain ADAM in his capacity as President (hereinafter “COACHING 4.0”).

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

The present General Terms and Conditions of Use aim to govern the relationship between COACHING 4.0 and USERS using the Application excluding professional use.

The USER acknowledges having read these general terms and conditions of use before downloading the Application and registering, and accepts them without restriction or reservation.

The creation of an account by the USER implies unconditional acceptance of these general terms and conditions of use as defined herein, and the USER commits to complying with them.

Article 2 – Registration Conditions

2.1 – Technical Prerequisites

USERS must have their own hardware and connection tools and an internet connection, at their expense, to use the Application, it being specified that certain features are only accessible offline in case of subscription to the paid version.

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

2.2 – Registration and Account Creation

Only individuals may register on the Application.

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

The registration and use of the Application must be personal, it being specified that each USER can only create one account.

By registering, the USER declares and guarantees:

To be an individual and contracting as such;
To be in good health and fit for running;
To be of legal age and have full capacity to commit under these General Terms and Conditions;
Not to contract as a professional or in the context of their professional activity.

When creating their account, the USER is invited to choose a password that the USER undertakes to keep confidential and therefore forbids from transmitting or communicating to a third party. Otherwise, COACHING 4.0 cannot be held responsible for unauthorized access to a USER’s account.

2.3 – Right of Withdrawal

In accordance with the provisions of the consumer code, the USER has a right of withdrawal within a period of fourteen calendar days from their registration on the Application, without having to justify reasons or pay penalties.

However, it is reminded that the right of withdrawal cannot be exercised for contracts for the provision of services whose execution has begun, with the consumer’s consent, before the end of the fourteen calendar 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 their right of withdrawal, the USER has the possibility to unsubscribe and delete their account at any time.

The USER is free to delete the Application by uninstalling it from their phone at any time, without any fees.

Article 3 – Description of the Application’s Features

3.1 – Services available from the free version of the Application

Creation of a training plan based on the USER’s experience, main objective, and schedule
Automatic calculation of training paces
Automatic calculation of the target heart rate recommended for training
Possible download of the USER’s activity data from their GPS watch or tracking application
Possibility to add intermediate races to enhance the preparation

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

Creation of a training plan based on the USER’s experience, main objective, and schedule, which then adapts based on the feedback given by the USER after each training
Automatic calculation of training paces
Automatic calculation of the target heart rate recommended for training
Possible download of the USER’s activity data from their GPS watch or tracking application
Possible export of the USER’s training sessions to their Garmin, Coros, Suunto, Apple Watch GPS watch or Google Calendar
Possibility to add intermediate races to enhance the preparation
Possibility to add cycling as cross-training
Display of training instructions with a chatbot
Display of videos and advice messages
Physical preparation modules (with a “player”)

Article 4 – Rates and Billing COACHING 4.0 offers a trial period to the USER. This duration may vary according to the offers and the evolution of the application.

Promotional offers are reserved for a new USER of the RunMotion Coach mobile application. A USER who has already activated a promotional offer or has been a Premium USER is not eligible for this offer. A promotional offer is without commitment. At the end of the promotional period, the USER is free to choose between the Free and Premium versions of the application.

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 rates at any time.

The paid version will be billed at €11.99 including VAT for ONE (1) month or €29.99 for THREE (3) months or €79.99 for ONE (1) year, an amount that will be paid by the USER directly from their smartphone store. At the end of each subscription period, the subscription to the paid version will be tacitly renewed unless terminated by the USER without notice for the same commitment period.

The price may vary according countries or currencies. For example, the paid version can be billed $17.99 for ONE (1) month or $44.99 for THREE (3) months or $119.99 for ONE (1) year.

Consumer Code Articles:

Article L215-1: For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by nominative letter or dedicated email, no earlier than three months and no later than one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract that he has concluded with a tacit renewal clause. This information, provided in clear and understandable terms, mentions, in a visible box, the deadline for non-renewal. If 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 indefinite-term contracts, after the date of transformation of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination, less amounts corresponding, until that date, to the execution of the contract. The provisions of this article apply without prejudice to those that legally subject certain contracts to special rules regarding consumer information.

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

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

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

Mobile operators may charge the USER for the internet connection required to use the Application.

Article 5 – USER Obligations

The USER agrees to:

Be of legal age at the time of using 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, it is appropriate to consult a health professional;
Use the Application with caution and discernment: the Application does not substitute for the advice of a health professional, the USER must stop training in case of pain, uncomfortable or unusual sensations;
Not publish content (images, photographs, comments, etc.) contrary to public order and good morals or infringing on third parties (defamation, infringement of privacy, etc.);
Not publish content (images, photographs, comments, etc.) infringing on the intellectual property rights owned by a third party;
Respect the laws and regulations in force;
Make strictly personal use of the Application and, in any case, not to make professional/commercial use of the Application and/or its contents. The USER will be entirely and solely responsible for any prejudice resulting from non-compliance with these general conditions, COACHING 4.0 being released from any responsibility in this matter.

Article 6 – Liability

6.1 – Liability for Content Posted by the USER

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

6.2 – Accessibility of the Application and Dysfunctions

COACHING 4.0 commits to making its best efforts to ensure the Application is accessible and operational at all times. However, COACHING 4.0 is only bound by an obligation of means and not of result, and does not guarantee uninterrupted service.

In particular, COACHING 4.0 cannot be held liable in cases of malfunction or non-functioning of the Application resulting from inadequate 3G/4G coverage.

Furthermore, COACHING 4.0 reserves the right to temporarily interrupt access to the Application for maintenance, both corrective and evolutionary. However, COACHING 4.0 commits to minimizing the duration of any interruption as much as possible.

Thus, the USER acknowledges their understanding of the Internet and its limitations and constraints. In particular, they recognize that:

The reliability of transmissions is unpredictable, particularly due to the heterogeneous nature of the infrastructures and networks over which they circulate, and outages or saturations can occur;
Access restrictions to certain networks may exist and be conditional on the conclusion of specific agreements;
Internet users can connect their computer equipment anywhere and may, therefore, divert, disseminate, alter, destroy, or falsify data, software, and/or content circulating on the Internet, despite the implementation of access control procedures, including passwords or other access codes. Consequently, it is the USER’s responsibility to take appropriate measures to ensure the security of their equipment and their own data, software, or others, particularly against virus contamination and/or intrusion attempts they may be subject to;
Any equipment used to connect to the Application is and remains under the sole responsibility of the USER.

The Application allows the USER, subject to their prior agreement, to connect any sports data provider compatible with the Application (such as Garmin, Suunto, Polar, Coros, Strava, adidas Runtastic, etc.) to enable the transmission of data collected by the said compatible provider to the USER’s account in the Application. COACHING 4.0 cannot be held liable for any malfunction or absence of sports data provided by these providers. The User is invited to consult Article 8 related to the protection of personal data that the Application may collect.

The use of the Application is at the USER’s own risk, which they acknowledge and agree to take all necessary precautions to use the Application in accordance with these general terms and conditions of use.

Therefore, COACHING 4.0 cannot be held liable by the USER for any damage, particularly in case of data loss, degradation of the USER’s equipment, that may occur due to the use of the Application.

Thus, COACHING 4.0’s liability will only be engaged in case of damage resulting from a malfunction that blocks access or makes the use of the Application impossible or very difficult for USERS, and it is demonstrated that this arises exclusively from COACHING 4.0.

In any event, if COACHING 4.0’s liability were proven, it would be limited to providing access to the Application in accordance with the prescriptions of these general terms and conditions.

Excluded is the compensation of any other damage, including indirect, material or immaterial damages, such as moral harm, financial loss, loss of opportunity, loss of profits, damage to reputation, etc.

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

COACHING 4.0 commits to providing a response to the USER within 7 days. While COACHING 4.0 will endeavor to respond with the best will and diligence possible, it is important to note that we do not guarantee the resolution of any bugs or always favorable outcomes to the USER’s request. Our assistance aims to provide advice and useful information but cannot ensure a guaranteed resolution for each specific case.

6.3 Obligation of Means by COACHING 4.0 Regarding Athletic Results

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

COACHING 4.0 is bound to an obligation of result regarding the provision of the training program. However, it is expressly understood between the Parties that the athletic results of the USER are not guaranteed by COACHING 4.0. Thus, COACHING 4.0 is not responsible if the USER does not achieve the goal they set at the beginning of the training program.

6.4 – Safety Rules for Running – USER’s Responsibility

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

COACHING 4.0 will not be responsible for any document or content, including, but not limited to, errors or omissions 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 acknowledges and expressly agrees that the Application and its content are adapted as best as possible to the information they have transmitted and therefore it is their responsibility to provide accurate information to COACHING 4.0 so that the program is most suited to their personal situation.

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

Therefore, the Application should be used as an aid tool but does not replace the USER’s assessment and judgment, who remains solely responsible for their safety and choices in the face of external data in particular.

In this regard, it is reminded that practicing sports requires a mastered knowledge of the terrain and conditions and the acceptance of a degree of risk adapted to one’s abilities and experience.

The USER is invited to report any development and/or error of which they become aware as well as any comments related to the training program, for the purpose of 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 their safety and choices during training. They are also the only one capable of assessing their physical abilities.

The USER must particularly consider the difficulty of the program, the configuration of the places, and their physical abilities.

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

It is reminded that most of the functionalities of the Application are not accessible without a network.

Article 7 – Intellectual Property

7.1 – Intellectual Property Rights of COACHING 4.0

All properties of COACHING 4.0, subject to intellectual property laws, particularly the layout, structure, “RUNMOTION” and “RUNMOTION COACH” trademarks, graphical and textual elements of the Application, as well as any content directly provided by COACHING 4.0, are its property.

The use of the Application does not grant USERS any rights other than a personal, non-transferable, and non-exclusive use of the Application and its content.

Consequently, USERS may not, in any case and by any means, reproduce, represent, distribute, market, copy, translate, adapt, extract and/or decompile any part of any of the elements reproduced on the Application and of the Application in general, without the prior and express agreement of COACHING 4.0, except for content they have originated or which belongs to a third party, subject in this case to respecting the terms of the license chosen by their author.

Article 8 – Personal Data

Types of 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 Collection:

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

Transmission of Data to Third Parties:

The data may be transmitted to our technical service providers (IT service providers, hosts, etc.) as necessary to respond favorably to the USER’s requests and perform the service.

No transfer of the USER’s personal data is made outside the European Union.

Data Retention Period: The data is stored and kept for the duration strictly necessary to achieve the above purposes.

Data Retention Time: The data is kept for a period of THREE (3) years.

Rights of Access and Rectification:

USERS are informed that, in accordance with French and European regulations in force, they have the following rights, subject to proving their identity:

The right to oppose, for legitimate reasons, the processing of personal data concerning them, other than those announced herein to which they have consented;
The right to object, free of charge, to the current or future commercial processing of the collected data by the data controller;
The right to be informed about the processing of their personal data;
The right to obtain information concerning the processing of personal data managed by COACHING 4.0 and all information to know and, if necessary, contest the logic that presides over the processing of said data. The USER;
The right to obtain a copy of the personal data concerning them, as well as a right of rectification, portability, updating, or deletion of all or part of said data.

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

Article 9 – Data Security

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

This vigilance is exercised through:

The use of encryption methods in data transmission (SSL);
A commitment to strict confidentiality from COACHING 4.0 personnel who would have access to USERS’ personal data;
Data backups.

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

In case of non-compliance by the USER with any of the obligations incumbent upon them, COACHING 4.0 reserves the right, without prejudice to any damages it may claim, to terminate the USER’s account and delete all access to the Application under the following conditions:

In the event that the breach can be remedied by the USER, COACHING 4.0 will formally notify the USER to comply with their commitments by email to the address provided by the USER. If the USER does not respond to this request within the time allotted in the formal notice, COACHING 4.0 may terminate the contract and delete the USER’s account as of right.
In the event that the observed breach concerns an essential obligation of the contract and is not repairable or corresponds to the disregard or violation of any regulation, COACHING 4.0 may proceed with the termination of the account and the deletion of all access to the Application without prior formal notice, within twenty-four (24) hours following the receipt of this notification by email to the address communicated by the USER.

In any event, in case of termination, for whatever reason, the USER shall cease all use of the Application and its contents.

Article 11 – Force Majeure

Any non-performance by COACHING 4.0 of any of its obligations due to the occurrence of a force majeure event, namely an external, irresistible, and unforeseeable event that prevents or makes abnormally difficult the execution of the obligation in question, shall not engage its liability.

Article 12 – Non-Waiver

The fact that COACHING 4.0 does not apply, does not require the application, or does not take advantage of any of the provisions of these general terms and conditions cannot be interpreted as a waiver to invoke this provision or any other later on.

Article 13 – Modification of these General Terms and Conditions and Applicable Version

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

The USER will be notified of any modification to the email address they have communicated to COACHING 4.0 or by push notification. They must read and accept the new provisions of the general terms and conditions if they wish to continue using the Application.

In the event of a contradiction between the terms of the French version of these general terms and conditions and the terms of the general terms and conditions in another language, the French version shall prevail.

Article 14 – Assignment

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

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

Article 15 – Independence of Clauses

If one or more stipulations of these conditions are held to be invalid, the validity of the other stipulations shall not be called into question unless they have an inseparable character with the invalidated provision.

Article 16 – Applicable Law and Jurisdictional Competence

16.1 These General Terms and Conditions are subject to French law.

16.2 In the event of a dispute concerning, in particular, these General Terms and Conditions or the use of the Application, the USER is informed that they can use a consumer mediator, external to COACHING 4.0, free of charge, for the amicable resolution of the dispute, in accordance with the provisions of the consumer code.

The USER will find information on this subject as well as a list of mediation bodies on the European Online Dispute Resolution (ODR) platform for disputes between consumers and professionals, accessible at the following address: https://webgate.ec.europa.eu/odr/main/?event=main.home.show

16.3 In the absence of mediation, jurisdictional competence lies with the French courts.

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