Terms and conditions of use
Terms and Conditions of Use of the CLICSHIRT Mobile Application
ARTICLE 1: INTRODUCTION
The company Bodyconnect, SAS with a capital of 770,580 euros, registered in the RCS of the city of Nice under the number 828 598 839, whose SIRET number is 80239580600010
, whose registered office is located at 27 rue Gabriel Péri, 92300 Levallois-Perret, operates the Mobile Application "CLICSHIRT" hereinafter referred to as "the Mobile Application" or "the Service" ;
The director is Laurent Fort. The contact email address is: firstname.lastname@example.org
ARTICLE 2: PURPOSE AND SCOPE OF THE TOS
These Terms and Conditions of Use described below and hereinafter referred to as the "TOS", govern the relationship between Bodyconnect and the Users, hereinafter referred to as the "User" or "Users" of the Mobile Application, and apply without restriction or reservation to any use or download of the Mobile Application.
The User is required to accept these TOU for any download and for any use of the Mobile Application by checking the box "I acknowledge that I have read and accepted the Terms and Conditions of Use".
These T.C.U. can be accessed at any time in the Mobile Application under the heading "T.C.U." found in the MAIN MENU and will prevail, if necessary, over any other version or any other contradictory document.
BODYCONNECT may modify these G.U.C. at any time, without notice. Users will be informed of the modification of these TOU through the publication of the updated TOU on the App and through a notification indicating this change within the App. The modified TOS will take effect as of their publication. Continued use of the Service following such posting shall constitute acceptance of the new version hereof.
In the event that a User does not accept these TOS or refuses to comply with them, he or she must not use the Mobile Application. In this case, it is recommended ́ to uninstall the Mobile Application. By proceeding with his Registration, the User confirms that he has read these T&Cs and agrees to abide by them without reservation.
Unless proven otherwise, the data recorded in the Mobile Application's computer system constitutes proof of all transactions concluded with Users.
ARTICLE 3: GENERAL PRESENTATION OF THE SERVICE
3.1 Purpose of the Service
The Service is a Cardio Coach Revolution application. Which accompanies the athlete throughout these trainings and allows him a follow-up of these performances.
So, the Service is intended for in particular athletes in love with data who would like to know their bodies and their limits while being attractive.
The purpose of the Service is to set up a community of avowed athletes who can bring together in order to exchange.
3.2 Operation of the Service
The Clicshirt Mobile Application can be downloaded via mobile application stores (such as Google Play or the App Store in particular) by means of available technologies, and in particular a smartphone-type mobile terminal.
To benefit from the Service, the User must therefore have a smartphone,a CardioPod, internet access and a personal User Account (see Article 4).
The Service is essentially in the form of personalized tracking of users of the Service.
The features of the Clicshirt Mobile Application are as follows:
- - The User fills in the information necessary for the creation of a personal User Account in accordance with Article 4;
- - The User is offered fun challenges;
- - The User is given the opportunity to customize these objectives;
- - Users have access to a global ranking (from our community) categorized by mile, distance or race time;
- - Users have the ability to do VMA and Breathing Rate Tests;
- - Users can also keep up with what's happening with our activities in the News tab.
ARTICLE 4: CREATION OF A PERSONAL USER ACCOUNT
To access the Service, any User must first proceed to Registration by creating a Personal User Account.
In order to create a personal User Account, the User must register by filling out the registration form at the start of the Mobile Application and fill in the following information: First Name, Last Name, Address, Email, profile picture, chosen password, height, age, weight, how often we practice sports as well as our known heart problems (if any).
The information that will be visible on the User's profile is the following:
- - First Name,
- - Family Name,
- - User's photo (or any other photo they choose)
If you forget your password, simply click on "forgot password" and the application will send a link to the user's email address to reset it.
Filling in this data and validating the personal account is essential for the provision of the Service.
The User agrees to provide true, sincere, complete and always up-to-date information.
In the event that the information transmitted by The User proves to be false, incomplete, obsolete or not allowing the provision of the Service in the best conditions, Clicshirt reserves the right to proceed to the closure of the personal Account of the User and thus to refuse him access to the Service, without prior notice and without that it does not give him any right to compensation. ́
The User undertakes to create only one Personal Account corresponding to a ̀ his identity. ́
The User remains solely responsible for any use that may be made of his identifiers and password, and their confidentiality, as well as for any ́ use of his Personal Account.
The User agrees to immediately inform Clicshirt of any use or risk of fraudulent use of his Personal Account, and of any breach of ̀ the confidentiality ́ and a ̀ the security ́ of his identifiers and password to the contact email address: email@example.com
Clicshirt shall in no event be liable for any loss or theft or any damage resulting from the loss or theft or fraudulent use of Users' identification data.
ARTICLE 5: RATES AND FINANCIAL TERMS
Downloading and using the Clicshirt Mobile Application is free of charge following the purchase of a connected T-shirt.
The Mobile Application downloaded for free allows access to all the services offered as described in Article 3 hereof.
ARTICLE 6: USER'S OBLIGATIONS
The purpose of the Clicshirt Service is to promote mutual aid between Users, and to give them access to various services and "Sports Test". Any use of the Service contrary to this purpose will be contrary to these TOS.
The User acknowledges that he/she has the necessary technical skills and means to download and use the Mobile Application, the equipment used remaining exclusively at his/her expense.
The User agrees to provide accurate information when registering allowing access to the Service in accordance with Article 4 hereof.
The User is notably informed that the use of the Service may require the acceptance of geolocation when using the Mobile Application for a proper use of the Service.
The User undertakes to make proper and lawful use of the Service and its contents, in accordance with the legislation in force, the present TOS, morality, good manners and public order.
Users who use the Service for purposes prohibited by the Law and/or contrary to these TOS will be exposed to legal proceedings and their identifying data may be provided to the competent authorities in the event of legal proceedings against them.
The User is entirely responsible for the use made of the Service, as well as for the decisions he could take after having consulted ́ the information contained in the Mobile Application. Clicshirt can not be held liable for any direct or indirect damage of any kind caused by misuse or illegal or illicit use of the Service by a User, by any information or other content communicated, transmitted or disseminated by a User when using the Service, or by any breach by him/her of these TOS.
In particular, without this list being limitative, the User is informed that he is formally prohibited from:
- - To engage in unauthorized or fraudulent use of the Mobile Application and/or its contents for illicit purposes or effects;
- - To access or attempt to access restricted resources or areas of the Mobile Application, without complying with the conditions required for such access;
- - To submit content that may constitute a so-called "press" offense, falling under the law of July 29, 1881 on the freedom ́ of the press;
- - To disseminate any data, information or content that is defamatory, insulting, obscene, racist or xenophobic, offensive, inciting to hatred or violence, threatening, constituting harassment, and in general any content that is contrary to the laws and regulations in force, good morals, or public order.
- - To infringe in any way the right to privacy and the right to image of other Users or any third party. In particular, it is formally forbidden to disseminate photos or images showing recognizable third parties without their authorization or the authorization of their legal representative, under penalty of infringing their right to image;
- - To upload, send, disseminate transmit any Content that could constitute corruption of minors ;
- - To upload, send, disseminate transmit any Content that could constitute misrepresentation, infringement of ̀ the authority ́ of the Judiciary, or that would contain confidential information;
- - To upload, send, disseminate transmit any Content that could constitute corruption of minors ;
- - To upload, send, disseminate transmit any Content that could constitute misrepresentation, infringement of ̀ the authority ́ of Justice, or that would contain confidential information ;
- - To upload, send, disseminate transmit any Content intended to display or sell prohibited items and/or works;
- - To impersonate any person. User shall not impersonate another ́ User, or any other person that User is not, or communicate under a false name, capacity ́ or alias that User is not authorized to use, ́ nor empowered ́ to ̀ use, nor lie about his or her status ́ as a major or minor ;
Thus, it is strongly recommended that Users follow simple rules of good conduct in their exchanges and possible encounters with other Users:
ARTICLE 7: OBLIGATIONS OF Clicshirt
Clicshirt undertakes to provide a Service in accordance with these TOS.
Clicshirt reserves the right to modify any information or content appearing in the Mobile Application, at any time and without prior notice, as part of its update or correction of errors or inaccuracies or if it seems appropriate without this giving rise to any right to compensation for Users.
In the event of violation of these TOU or the laws and regulations in force, particularly in the event of failure by a User to one or more of the rules specified in Article 6, or whose behavior could compromise or risk compromising the proper functioning of the Service or undermine the rights of third parties or the reputation of the Service, Clicshirt reserves the right to suspend and / or unilaterally terminate the execution of the present under the conditions referred to in Article 10 hereof, and to block and / or delete the personal Account of the User concerned as well as his access to all or part of the Service, to delete the litigious content, temporarily or permanently, without this entitling the User to ̀ any compensation. ́
However, Users are informed that any abusive reporting may be sanctioned in accordance with the applicable regulations and these TOS and may result in the immediate suspension and/or termination of the present Terms.
ARTICLE 8: LIMITATION OF LIABILITY
At any time, Clicshirt may modify, temporarily or permanently interrupt access to the Service, and this, without having to inform the users beforehand, Clicshirt does not make any commitment to maintain a permanent and uninterrupted access to the Mobile Application and / or Service. Clicshirt is in no way responsible for these interruptions and the consequences that may result for the User.
Clicshirt will not be responsible for the inadequate functioning of the Service if it results from maintenance operations, incidents, or problems related to its ability ́ to support the systems essential to the use of the service, even if Clicshirt will make its best efforts to ensure a rapid response, without being responsible for delays related to telecommunications services. In particular, Clicshirt will not be responsible in any way for the malfunction of telephone operators and Internet service providers to which the User will have resorted, or platforms of means of payment that the User would use to make payments.
The User remains solely responsible for any use that could be made of his identifiers and password, and their confidentiality, as well as any use of his ́ Personal account. Clicshirt can in no way be held responsible for any loss or theft or any damage resulting from fraudulent use of identification data of Users.
As a technical provider, Clicshirt is not required to verify the veracity ́ of the information provided by Users and disclaims any responsibility ́ for inaccurate data, information and content disseminated by Users via the Mobile Application, or any errors or omissions therein, as well as any consequential damages arising from the use of any content provided by a User.
Expressly, are considered, in particular, but not exclusively, as cases of force majeure or fortuitous events, in addition to those usually retained by the
Clicshirt is not responsible either for the poor configuration of the mobile terminal of the User. It is up to each User to ensure the proper functioning and configuration of his equipment.
ARTICLE 9: DURATION
In the case of the download of the free Mobile Application, the present TOS are subscribed to for an indefinite duration as from their acceptance by the User under the conditions described in Article 1.
ARTICLE 10: TERMINATION
Access to the Mobile Application and the Service could be temporarily or permanently interrupted, in particular in the event of cessation by Clicshirt of the activity ́ in question, or in the event of legal or amicable liquidation of the company ́ Clicshirt. The present CGU would then be terminated by right.
In case of death of the User, the contractual relations between him and Clicshirt will be terminated by operation of law and his personal Account will be deactivated, on production ́ of the relevant supporting documents of the rightful owners. Its contents may only be transmitted to the rightful claimants upon a court order.
In case of violation of the present by the User, or of the laws and regulations in force, in particular, but not exclusively, in case of breach by a User of one or more of the rules mentioned in Article 6, or in case of behavior compromising or risking to compromise the proper functioning of the Service or to undermine the rights of third parties or the reputation of the Service, Clicshirt reserves the right to unilaterally suspend and / or terminate the execution of these, and block and / or delete the personal Account of the User concerned, and his access to all or part of the Service, to delete the litigious content, temporarily or permanently, without this entitling the User to any compensation, and without prejudice to any legal action that Clicshirt could ́ subsequently bring to enforce its rights.
ARTICLE 11: INTELLECTUAL AND INDUSTRIAL PROPERTY11. 1 Intellectual Property ́ of Clicshirt
All the content of the Mobile Application and Websites, photographs, logos, images, sounds, video, graphics, texts, or illustrations as well as its structure, databases, software, codes as well as any other material and visual element composing the Mobile Application is protected, in particular by the right of intellectual property ́ of which Clicshirt remains the only holder.
These TOU do not involve any transfer of any kind of property rights ́ intellectual on the elements belonging to Clicshirt and / or its partners for the benefit of the User.
Users undertake to respect the intellectual property rights ́ attached to the elements making up the Mobile Application and refrain, in particular, from disseminating, publishing, transmitting, transferring to any third party, exploiting them for commercial purposes, reproducing, copying or modifying them without the express authorization of Clicshirt. In particular, any extraction or reuse of data contained in the Mobile Application, beyond its normal use is strictly prohibited to any User and is subject to the express prior authorization of Clicshirt.11.2 Right of use of the Mobile Application by the User
The User has only a strictly personal, non-exclusive and non-transferable right of use of the Mobile Application. Any other use is subject to the prior and express authorization of Clicshirt.
Any reproduction, representation or distribution, including the addition to it of new functions or the realization of modifications on it which would alter its operation, by any means whatsoever and on any support whatsoever, is formally prohibited, with the sole exception of the right to reproduce for storage for the purpose of representation for backup copy or printing on paper in one copy, subject to respect for the integrity ́ of the documents.
The right to use the Mobile Application granted under these TOU may be terminated at any time by the User by uninstalling the Application and removing all copies of the Mobile Application from its devices or by terminating this Agreement under the terms of Section 11.
With respect to content and information protected by intellectual property rights ́, such as photos, texts or videos that Users upload via on the Clicshirt Mobile Application, Users grant a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such proprietary ́ intellectual content published via the Mobile Application or in connection with the Mobile Application as soon as it is posted online (proprietary ́ intellectual license).
This license is granted for the entire world and for the entire duration of the protection of the intellectual property rights ́ of the data and content in question.
This intellectual property ́ license ends when Users delete their intellectual property ́ content or their account.
The User is solely responsible for the content published and shared by him/her via the Mobile Application.
Thus, the User guarantees Clicshirt that the data and content transmitted by him via the Mobile Application do not infringe the intellectual property rights or right to image of third parties and guarantees Clicshirt against any legal action that could be brought by third parties in claiming their rights of intellectual property ́ on the data and content transmitted via the Mobile Application.
As part of the performance of its services, Clicshirt is likely to collect personal data relating in particular to the population of individuals subject to the services ordered by Users.
In application of the law 78-17 of January 6, 1978 and of the European Regulation 20116/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), the personal data which will be kept within this automated file which is under the responsibility of Clicshirt, will be used with the sole purpose of allowing the provision and proper execution of the services offered..
The collection of personal data collected through the Clicshirt Service is necessary for the proper functioning of the Service and is mandatory to access the services offered via the Mobile Application.
Failure to provide mandatory personal data prevents access to the Service offered by Clicshirt.
Clicshirt carries out the conservation of Personal Data in such a way as to allow the respect of their integrity during the time necessary for the realization and the supply of the proposed Service and in accordance with the conservation periods imposed by the legislation in force.
If the User has identified himself via his Facebook profile, then Clicshirt will be able to access his login and his profile.
12. 2 Obligations of Clicshirt under the RGPD legislation:
Clicshirt undertakes to process the said personal data in compliance with this regulation, and in this regard, undertakes to:
- - Only collect and process personal data in accordance with the express instructions of the User and the purposes related to the purpose of the services offered via the Mobile Application.
- - Preserve the security, integrity and confidentiality of personal data as soon as it collects or records them in the performance of the Services ;
- - Do not communicate personal data to any third party whatsoever, except for third parties to whom it is strictly necessary to transmit personal data in execution of the proposed services; The personal data collected in this way may be transmitted to the Staff of Clicshirt as well as to any third party responsible for participating in the establishment, implementation or monitoring of the Service (staff, partners and / or subcontractors). The members of the Clicshirt Staff as well as the third parties designated by the latter, will have access to and may use the personal data collected for the sole purpose of providing the proposed Service.
- - No transfer of personal data outside the territory of the European Union, except to third countries with an adequate level of protection as defined by the supervisory authorities or to a subcontractor authorized by the User and signatory of the standard contractual clauses issued by the European authorities ;
Clicshirt refrains in any case from reproducing, exploiting or using the personal data collected on the occasion of its services its own purposes or on behalf of third parties, and undertakes to modify or delete, either at the request of the User, or at the request of a data subject, and in any event upon completion of the purpose pursued and at the end of the performance of its services, any personal data collected on the occasion of or for the purposes of the performance of the said services.
Any User may send a complaint about privacy or any question about the information collected and processed by Clicshirt to the following email address: firstname.lastname@example.org. 3 Nature of information collected
When subscribing to and using the Service, Clicshirt collects and retains only certain information, namely: First name, Last name (only the Initial will appear on the profile), Zip code, photo, Email (this will not appear on the profile sheets), chosen password.
If the User has identified himself via his Facebook profile, then Clicshirt will be able to have access to his login and his profile.12.4 Right of access, rectification and deletion of personal data
Any User has the right to access, rectify or oppose the processing of any data concerning him/her that is not essential to the purpose of the collection.
In accordance with Articles 39 et seq. of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, and the legislation relating to data processing, files and freedoms, and the European Regulation 20116/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), any person may obtain communication and, where appropriate, rectification or deletion of information concerning him or her, by sending an email to the contact address email@example.com.
12.5 Use identifiers and activity file
In order to improve the Clicshirt Service in terms of system performance and ease of use, as well as to offer useful information on products and services, may be automatically collected and stored information in the log files from the computers or terminals used.
This includes non-personal data such as IP address, browser type, language selected, operating system, Internet Service Provider (ISP), and date and time. This information is used in the aggregate to improve the management of the Mobile Application, analyze trends, and gather demographic information about Users.
What are identifiers or probes?
An anonymous identifier is a random string of characters that is used with the same purpose ́ as cookies on platforms where cookie technology is unavailable, this includes certain types of mobile devices as well as installed applications.
ARTICLE 13: APPLICABLE LAW - DISPUTES - LANGUAGE
The conclusion, interpretation and validity ́ of these TOU and all contracts arising therefrom and their consequences are subject to the French Law and Regulations in force, to the exclusion of any other legislation, regardless of the nationality ́ of the User, it is so for the rules of substance and form.
Failing an amicable agreement between the parties and in the event of failure of the talks, the parties will resume their full freedom ́ and their dispute will be brought ́ before the Commercial Court of Nanterre.
In particular, pursuant to Regulation No. 524/2013 on the online settlement of consumer disputes, the Customer is hereby informed that any dispute arising from these general terms and conditions may be brought before the online dispute resolution platform accessible via the following link: http://ec.europa.eu/consumers/odr/ as of 15 February 2016.
By express agreement, in the absence of amicable agreement, the courts of the jurisdiction of the registered office of Clicshirt will have sole jurisdiction for any dispute or challenge relating in particular, but not exclusively to the formation, interpretation, to the execution, or a ̀ non-execution, termination of the present, notwithstanding plurality ́ of defendants or appeal in guarantee, even for the conservatory procedures, in summary proceedings ́ or by request.
In case of difficulty ́ of interpretation, the French language version of the present T&Cs shall prevail over any other version that would be translated into another language.
ARTICLE 14: CANCELLATION AND INEFFECTIVENESS OF CLAUSES
The nullity ́ or the impossibility ́ of implementing any of the clauses of the present TOU, if it does not significantly affect the contractual balance, will only affect the clause concerned and will not result in the cancellation of these TOU.
The User agrees to carefully read the contents of this document which includes the Terms of Service, and expressly accepts without reservation all the rules and obligations set forth herein.