General terms and conditions of use and service for "Athlete".

Article 1 - Purpose and Scope

AZEOO SAS (hereinafter “AZEOO”) publishes and operates a SaaS digital platform dedicated to sports and nutritional coaching, accessible via the azeoo.com website and the AZEOO mobile app (hereinafter the “AZEOO Services”).

These General Terms and Conditions of Use and Service (hereinafter “GTCU”) exclusively govern the relationship between AZEOO and any natural person acting as a consumer within the meaning of the introductory article of the French Consumer Code (hereinafter the “Athlete”), using the AZEOO Services strictly for personal and non-professional purposes.

‍These T&C do not apply to Professionals, who are subject to the General Terms and Conditions of Sale for Professionals.

‍Acceptance: By creating an AZEOO account or accessing the AZEOO Services, the Athlete acknowledges having read, understood, and accepted without reservation these T&C as well as AZEOO’s Privacy Policy.

‍Legal Capacity: By accepting these Terms of Use, the Athlete declares that they are of legal age and legally capable of entering into contracts under the laws of the country from which they access AZEOO Services. If the Athlete is a minor, acceptance of the Terms of Use must be made by their legal representative, in accordance with Article 5.2 below.

‍Pre-contractual Information: In accordance with Article L. 221-5 of the French Consumer Code, the Athlete acknowledges having received, prior to any paid order, all required pre-contractual information, including: a description of the Services, their prices, payment terms, duration, cancellation conditions, and information regarding the right of withdrawal.

Article 2 - Definitions

For the purposes of these Terms of Use, the following terms have the meanings set forth below:

• “Athlete”: a natural person who qualifies as a consumer within the meaning of the introductory article of the Consumer Code, and who uses AZEOO Services strictly for personal, non-professional purposes.
• “Professional”: a natural or legal person using AZEOO Services in the course of their professional or commercial activities (sports coaches, fitness studios/clubs, dietitians, etc.), subject to the Professional Terms and Conditions.
• “Premium Subscription”: paid access to the advanced features of the AZEOO Services, subscribed to by the Athlete in accordance with the terms of Article 4.
• "One-Time Purchase": a one-time purchase of specific digital content (training program, masterclass, etc.) without a recurring subscription.
• “Digital Content”: any training program, nutrition plan, video, recipe, exercise, or other content made available by AZEOO or by Professionals through the AZEOO Services.
• "Training Log": a personal journal containing the athlete's training history, performance data, and anthropometric measurements.
• "Nutrition Log": a personal journal containing the athlete's food history and nutritional data.
• “Athlete Profile”: the Athlete’s personal space on the AZEOO platform, containing their personal information and usage data.
• “AZEOO Network”: a community feature that allows athletes to communicate, share their sports activities, and view those of other members.
• “Partner apps”: third-party apps that are compatible with AZEOO Services (Google Fit, Apple HealthKit, etc.).

Article 3 - Description of Services

Article 3.1 - Free features

In its free version, Athlète offers the following features at no cost:

• Creating and managing your Athlete Profile.
• Smart, integrated coaching tailored to the athlete's goals, skill level, and profile.
• Access to free workout programs designed by AZEOO.
• Access to training programs provided by the professionals with whom the athlete is affiliated.
• Building a personal library of workout videos (YouTube / Vimeo).
• Workout Logger: Track your workouts and performance.
• Nutrition tracker: basic food tracking.
• Access to the AZEOO integrated social network.

Section 3.2 - Premium Features (Paid)

By subscribing to a Premium Subscription, the Athlete gains access to the following additional features:

• Unlimited access to all training programs in the AZEOO library and from the community.
• Designing your own personalized training programs.
• Access to alternative exercises and variations.
• Bookmark workouts created by other community members.
• Access to à la carte training programs via One-Time Purchases.
• Design of personalized nutrition programs.
• Full access to the AZEOO food recipe library.
• Generating shopping lists for different calendar periods.

The features included in the Premium Subscription are subject to change. The Athlete will be notified of any changes in accordance with the terms of Section 10.2.

Article 4 - Registration, Ordering, and Payment

Section 4.1 - Account Creation

Access to AZEOO Services is contingent upon creating an Athlete Profile via the AZEOO mobile app or the azeoo.com website, using one of the following methods:

• Sign up via email: enter your first name, last name, email address, and password.
• Log in via Facebook: AZEOO collects the data needed to activate the account from the Athlete's Facebook profile (name, email address, public profile photo).
• Login via Apple Sign-in: AZEOO collects the data needed to activate the account from the Athlete's Apple account.

The Athlete warrants that the information provided at the time of registration is accurate and complete and agrees to keep it up to date.

Section 4.2 - Ordering a Premium Subscription or a One-Time Purchase

All paid orders are placed remotely via a double-click process:

• Step 1: Select an offer and check the details and price.
• Step 2: Final order confirmation and payment.

The applicable rates are those displayed in the app at the time of ordering. They are listed in euros, including all taxes, for Athletes residing in France. For Athletes residing in other countries, the price displayed is the net price; any applicable local taxes are the responsibility of the Athlete.

Payment is due in full at the time of ordering, via the payment method selected by the Athlete (credit card, Apple Pay, Google Pay, or any other method available in the app).

Section 4.3 - Right of Withdrawal and Cancellation

As a consumer, the Athlete generally has a 14-day right of withdrawal from the date the contract is concluded, in accordance with Articles L. 221-18 et seq. of the French Consumer Code.

‍Waiver of the right of withdrawal: in accordance with Article L. 221-28(13) of the French Consumer Code, since AZEOO Services are digital content provided without a physical medium, the Athlete who wishes to immediately access the Premium Subscription or purchased One Shot content gives their express consent to the immediate performance of the contract and expressly acknowledges the loss of their right of withdrawal by checking the box provided for this purpose at the time of ordering.

‍Confirmation on a durable medium: in accordance with Article L. 221-13 of the French Consumer Code, AZEOO sends the Athlete, immediately after the order and via email, a confirmation including: the order summary, a reminder of the waiver of the right of withdrawal, and all pre-contractual information.

If the Athlete does not wish to waive their right of withdrawal: they must not check the waiver box when placing the order. In this case, paid features will only be accessible after the 14-day withdrawal period has expired. The Athlete may exercise their right of withdrawal by notifying AZEOO at support@azeoo.com before the expiration of this period.

Section 4.4 - Subscription Term and Automatic Renewal

The Premium Subscription is purchased for the term selected by the Athlete at the time of purchase (monthly or annual). At the end of this period, the subscription is automatically renewed for the same term and at the same price, unless the Athlete cancels it in advance.

‍Notice prior to renewal (Art. L. 215-1 of the French Consumer Code): AZEOO notifies the Athlete by email, no earlier than 3 months and no later than 1 month before the deadline for opting out of renewal, of the option to cancel their subscription. This notice specifies the cancellation deadline in a prominent box.

‍Failure to provide notice: if AZEOO fails to send this notice within the required timeframe, the Athlete may cancel their subscription free of charge at any time starting from the renewal date. Any amounts paid after the last renewal date will be refunded within 30 days.

‍Cancellation of the Premium Subscription (Art. L. 215-1-1 of the French Consumer Code): The Athlete may cancel their subscription at any time directly from their personal account within the app (the “Cancel My Subscription” button is accessible under Settings > My Subscription), or by email to support@azeoo.com. Cancellation takes effect at the end of the current billing period, with no pro-rated refund for the remaining days.

⚠ In accordance with Article L. 215-1-1 of the Consumer Code (as amended by the DDADUE Act of March 9, 2023), AZEOO provides a cancellation button that is directly accessible and functional within the mobile app and on the website.

Section 4.5 - One-Time Purchases

One-Time Purchases provide access to specific digital content without a recurring subscription. The content remains available to the Athlete until their Athlete Profile is deactivated. If the account is voluntarily deactivated, no refunds will be issued for One-Time Purchases, unless the digital content is non-compliant.

Article 5 - Athlete's obligations

Article 5.1 - General obligations

The Athlete agrees to:

• Use AZEOO Services in good faith, strictly for personal and non-commercial purposes.
• Do not use AZEOO Services for advertising or commercial purposes from an Athlete Profile without first purchasing a Professional License.
• Follow all instructions and recommendations provided by AZEOO or the Professionals, particularly those related to health and safety.
• Do not interfere with the proper functioning of AZEOO Services, including by uploading malicious files, attempting to hack the system, or deliberately overloading the servers.

Section 5.2 - Legal Capacity and Minors

Adult Athletes: By accepting these Terms of Use, the Athlete declares that they are of legal age (18 years or older, or the age of majority in effect in their country of residence) and legally capable of entering into a contract.

‍Minor Athletes: A minor mayuse AZEOO Services only with the prior and express consent of their legal representative (parent or guardian). Acceptance of the Terms of Use and, where applicable, of any paid order, must be made by the legal representative on behalf of the minor. AZEOO shall not be held liable for any use of AZEOO Services by a minor without the consent of their legal representative.

⚠ If you are a legal guardian and wish to authorize a minor to use AZEOO Services, please contact support@azeoo.com to set up appropriate access.

Section 5.3 - Login Credentials and Account Security

Login credentials (email and password) are strictly personal and confidential. The Athlete is solely responsible for safeguarding them and for any use of their account.

If the Athlete suspects that their account has been compromised or used without authorization, they must immediately notify AZEOO at support@azeoo.com and change their login credentials without delay.

Article 5.4 - Health and safety

The Athlete acknowledges and agrees that:

• He uses AZEOO Services at his own risk with regard to his physical and mental health.
• It is strongly recommended that you consult a doctor before starting any exercise or nutrition program, especially if you have a history of medical conditions, chronic illnesses, are pregnant, or have been inactive for an extended period of time.
• Participation in an intensive sports or nutrition program requires regular medical supervision.
• He or she must immediately stop using the AZEOO Services if they experience pain, physical or psychological discomfort, or any apparent medical contraindications, and consult a doctor before resuming use.

⚠ The sports and nutrition content available on AZEOO is provided for informational purposes only. It does not constitute medical advice and is in no way a substitute for the advice of a qualified healthcare professional. AZEOO cannot be held liable for any physical injury resulting from the use of the Services without appropriate medical precautions.

Section 5.5 - Content Posted by the Athlete

The Athlete is solely responsible for the content they post on the AZEOO Network or through the Services. The following are expressly prohibited:

• Content that is offensive, defamatory, discriminatory, obscene, pornographic, or contrary to public order.
• Content that incites hatred, violence, harassment, or discrimination.
• Content that infringes on the intellectual property rights, publicity rights, or privacy of third parties.
• Advertising or commercial content posted from an Athlete Profile.
• Unauthorized copies of copyrighted material.

Users are advised that the content they post on the AZEOO Network may be visible to their entire community, depending on their privacy settings. Content that users wish to keep private should not be posted.

Article 6 - Obligations of AZEOO

Section 6.1 - Best-Efforts Obligation and Availability

AZEOO undertakes to use all reasonable means to ensure the proper functioning and availability of the AZEOO Services. This obligation is an obligation of means, not of result.

In the event of a technical issue or a complaint, the Athlete may contact AZEOO at support@azeoo.com. AZEOO undertakes to acknowledge receipt of any complaint within 72 business hours.

Section 6.2 - Maintenance

AZEOO performs corrective and upgrade maintenance on AZEOO Services. Temporary interruptions may occur during maintenance operations. Whenever possible, AZEOO strives to notify Athletes in advance and schedule maintenance outside of peak usage hours.

Section 6.3 - Conformity of Digital Content (Art. L. 224-25-1 et seq. of the Consumer Code)

In accordance with Articles L. 224-25-1 et seq. of the French Consumer Code, resulting from the transposition of Directive 2019/770, AZEOO guarantees that the paid digital content provided complies with the contract.

‍Lack of conformity: in the event of a lack of conformity of paid digital content, the Athlete may request that the content be brought into conformity, or, if this is impossible or not carried out within a reasonable time, a price reduction or termination of the contract with a full refund.

‍Warranty Period: For digital content provided on a continuous basis (subscription), the legal warranty of conformity applies for the entire duration of the subscription. To report a lack of conformity, the Athlete should contact AZEOO at support@azeoo.com.

Section 6.4 - Hosting Provider Status

AZEOO acts as a hosting provider within the meaning of Article 6-I-2 of the LCEN Law No. 2004-575 and Regulation (EU) 2022/2065 (Digital Services Act). As such, AZEOO does not conduct any prior review of content published by Athletes, but undertakes to act promptly to remove any content that is clearly illegal upon notification.

Any illegal content can be reported via the “Report” button available in the app, or by email to support@azeoo.com.

Article 7 - Liability

Section 7.1 - Compatibility and Use

The Athlete shall ensure that the AZEOO Services meet their needs and are compatible with their equipment. The Services are provided “as is”; AZEOO does not guarantee that they are free of defects or will operate without interruption.

The Athlete is solely responsible for their use of the AZEOO Services and for configuring the privacy settings of their content.

Section 7.2 - Disclaimers

AZEOO cannot be held liable for:

• Use of the Services that does not comply with these Terms of Service.
• A malfunction in the Athlete's equipment or Internet connection.
• Regarding illegal content posted by an Athlete, provided that AZEOO acted promptly upon becoming aware of it.
• Injuries resulting from engaging in sports or following a diet without taking appropriate medical precautions.
• Unauthorized access to the Athlete's account resulting from the Athlete's failure to comply with security obligations.
• The quality of the sports and nutrition programs or advice provided by the Professionals through the platform (the responsibility for this content rests with the relevant Professionals).
• A case of force majeure as defined in Article 1218 of the Civil Code.

Section 7.3 - Limitation of Liability to Consumers

In accordance with consumer law and the case law of the Commission on Unfair Terms, AZEOO imposes no monetary cap on liability or shortened statute of limitations against consumer Athletes for direct damages resulting from AZEOO’s breach of its legal or contractual obligations.

However, AZEOO shall not be held liable for indirect damages resulting from the use of AZEOO Services (loss of third-party personal data, loss of income related to athletic activity, etc.), to the extent permitted by applicable consumer law.

⚠ The legal warranties applicable to consumers (statutory warranty of conformity, warranty against hidden defects) apply automatically and cannot be waived by these Terms of Use.

Article 8 - Intellectual property

Section 8.1 - AZEOO's Rights

All components of the AZEOO Services (source code, interfaces, logos, databases, editorial content, trademarks, videos, programs) are the exclusive property of AZEOO or its licensors and are protected by intellectual property law.

The Athlete is granted a personal, non-exclusive, non-transferable, and non-sublicensable right of use, limited to the use of the AZEOO Services for strictly personal purposes. This right terminates upon deactivation of the account.

The following are expressly prohibited without prior written consent from AZEOO: any reproduction, modification, decompilation, reverse engineering, redistribution, or commercial exploitation of the AZEOO Services or their components.

Section 8.2 - Content Posted by the Athlete

The Athlete retains all intellectual property rights to the content they publish. By publishing content on the AZEOO Services, the Athlete grants AZEOO a non-exclusive license to host, reproduce, and display such content, limited to the technical requirements necessary for the operation of the Services.

The Athlete warrants that they hold the necessary rights to publish their content and that such content does not infringe upon the rights of third parties.

Article 9 - Personal data

AZEOO processes Athletes’ personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act. The full details of the processing activities (purposes, legal bases, retention periods, recipients, international transfers, and data subjects’ rights) are described in AZEOO’s Privacy Policy.

To exercise your rights (access, rectification, erasure, objection, portability, restriction), contact AZEOO’s Data Protection Officer: support@azeoo.com.

For any complaint regarding the protection of your data, you may contact the CNIL: cnil.fr / 3 Place de Fontenoy – 75007 Paris.

Article 10 - General Provisions

Article 10.1 - Tolerance

The fact that one party does not invoke the other party’s breach of its obligations does not constitute a waiver of the right to demand performance in the future.

Section 10.2 - Changes to the Terms of Use

AZEOO reserves the right to modify these Terms of Service at any time. Any substantial changes will be notified to the Athlete via email and/or an in-app notification at least 30 days before they take effect.

Right of refusal and cancellation without penalty: if the Athlete does not accept the notified changes, they may cancel their subscription without penalty within 30 days of notification, with a pro-rated refund for the unused portion of the subscription period. Failure to terminate within this period constitutes acceptance of the new Terms of Service.

Minor changes (spelling corrections, editorial clarifications that do not alter the rights or obligations of the parties) may be made without prior notice.

Section 10.3 - Assignment of the Contract

AZEOO may transfer these Terms of Use to a third party as part of a restructuring transaction (merger, acquisition, or sale of business), provided that it notifies the Athlete 30 days prior to the effective date of the transfer. If the transfer results in a substantial change to the terms of service to the detriment of the Athlete, the Athlete may cancel their subscription at no cost during this period.

The Athlete may not assign their rights and obligations under these Terms of Use.

Section 10.4 - Subcontracting

AZEOO may engage subcontractors to perform AZEOO Services and remains responsible to the Athlete for the proper performance of the Services. The list of subcontractors that process personal data is available in the Privacy Policy.

Section 10.5 - Partial disability

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The parties agree to negotiate in good faith to replace such provision with a valid one.

Section 10.6 - Fairness and Good Faith

AZEOO and the Athlete agree to perform their obligations in good faith and to promptly notify the other party of any difficulties in performance.

Article 11 - Governing Law, Mediation, and Jurisdiction

Section 11.1 - Governing Law

These Terms of Use are governed by French law. The public policy provisions of consumer law in the Athlete’s country of residence shall apply without exception if they provide greater protection than French law.

Section 11.2 - Amicable Resolution

In the event of a dispute, the Athlete is asked to first submit a written complaint to AZEOO (support@azeoo.com or by mail). AZEOO undertakes to respond within 60 days.

Section 11.3 - Consumer Mediation

In accordance with Article L. 616-1 of the French Consumer Code and Directive 2013/11/EU, if no satisfactory response is received within the aforementioned timeframe, the Athlete may seek mediation free of charge:
Competent mediator: FEVAD – 60 Rue La Boétie, 75008 Paris
Email: mediateurduecommerce@fevad.com
Website: www.mediateurfevad.fr
Deadline for filing a claim: 1 year from the date of the written complaint sent to AZEOO
European Online Dispute Resolution Platform: https://ec.europa.eu/consumers/odr

Section 11.4 - Competent Courts

If an amicable resolution or mediation is not possible, the dispute may be brought before the competent court in the place of residence of the Athlete-consumer, in accordance with the consumer-protective rules of jurisdiction set forth in the Code of Civil Procedure and Regulation (EU) No. 1215/2012 (Brussels I bis).

The Athlete may also bring the matter before the court of the place where he or she was residing at the time the contract was concluded or the harmful event occurred.

Article 12 - Contact

AZEOO
23 Rue Crépet
69007 LYON
FRANCE
Email: support@azeoo.com
Simplified Joint-Stock Company (SAS)
Lyon Commercial Register No. 813 620 424