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

Article 1 - Purpose

AZEOO offers, for both professionals and consumers, a platform of digital content and services relating to sports and nutritional programs in "Software as a Service" (SaaS) mode, via its website azeoo.com and the mobile application AZEOO (hereinafter the "AZEOO Services").

The purpose of the present Terms and Conditions (hereafter the "Athlete Terms and Conditions") is to define the legal framework for the provision of free and paying functionalities of the AZEOO Services to Athlete Users (physical persons having the quality of "consumer").

‍By browsing the present website, the User declares to have read and accepted in full and without reservation the Athlete Terms and Conditions as well as the AZEOO Privacy Policy, and renounces to take advantage of any contradictory document, which would consequently be unenforceable against AZEOO. The User acknowledges having the required capacity to accept the CG Athlète.

Finally, the User acknowledges having received, prior to the conclusion of a contract for the supply of digital content, the information specified in articles L. 221-5 of the French Consumer Code.

Article 2 - Definitions

Athlete: physical person having the quality of "consumer" as defined in the introductory article of the French Consumer Code and using AZEOO Services.
Professional: natural person or legal entity having the status of "professional" as defined in the preliminary article of the French Consumer Code and using AZEOO Services, but also any legal entity using the same services without acting for professional purposes. In particular, fitness centers, hotels, fitness/crosstraining/crossfit/coaching boxes and studios, as well as personal trainers, sports coaches, physical trainers, sports influencers and dieticians are identified as Professionals.
Professional license: access to AZEOO Services provided for a fee according to the conditions defined on the azeoo.com site, notably allowing access to specific functionalities intended for Professionals.
Partner applications : mobile applications operated by third parties, interoperable with AZEOO Services.
Badge: virtual reward awarded to Users based on their activity recorded by AZEOO.
Training logger: log containing the athlete's training and performance history, as well as the evolution of his anthropometric data.
Nutrition logger: a journal containing the history of food consumed by the athlete, as well as the evolution of his/her nutritional data.
User Profile: personal space containing, in particular, the personal data collected from the User at the time of their registration and during their use of AZEOO Services.
Training program: sequence of training sessions to be carried out over a defined period of time.
Nutrition program: a set of recipes, foods and information notes to be followed over a defined period of time.
AZEOO Network: feature of AZEOO Services enabling Users to communicate with each other via messages and comments, and to view each other's sports and nutritional activities.
Training Session: sequence of sports exercises during the same day, for which the instructions for execution are given via the AZEOO Services by means of text/sound/images/videos. Training Sessions are designed and proposed by Professionals for their clients and Athlete members, or by AZEOO for all Athletes.
User: Athlete or Professional, individually attached to a User Profile, and together forming the "AZEOO Community".

Article 3 - Description of "Athlete" functions

Article 3.1 - Free features

In its free version, the use of AZEOO Services allows access to the following functionalities:

Profile management.
Integrated intelligent coaching, according to objectives, level and gender.
Access to free training programs designed and offered by AZEOO.
Access to training programs designed by Professionals and offered to their clients or athlete members.
Build up a library of YouTube and/or Vimeo training videos.
Training logging.
Nutrition logging.
Access to the AZEOO integrated social network.

Article 3.2 - Chargeable features

In its paid version, the use of AZEOO Services gives access to the following additional functionalities:

Unlimited access to all Training Programs designed and offered by AZEOO and the AZEOO Community.
Design your own training programs.
Access to alternative exercises.
Bookmark workouts done by other athletes in the community.
Access to à la carte Training Programs via one-off purchases (or "One Shot Purchases").
Design your own nutrition programs.
Full access to the AZEOO food recipe library.
Access to shopping list extraction functionality for different calendar periods (days, weeks, months).

Article 4 - Access to functionalities

Article 4.1 - Feature activation

The present Athlete Terms and Conditions apply as soon as an Athlete Profile is created.

The creation of the Profile is done through the AZEOO mobile application according to the modalities below:

Via Facebook: the Athlete connects his/her Facebook account to AZEOO Services. AZEOO then automatically collects the data necessary to activate its services.
Via Apple Sign-in: the Athlete connects his/her Apple account to AZEOO Services. AZEOO then automatically collects the data necessary to activate its services.
Via email registration: the Athlete fills in a dedicated form with his/her first and last name, login and password. AZEOO Services will be activated upon receipt of this form.

Article 4.2 - Deactivation of functionalities

The Athlete may, at any time, deactivate his/her Profile. Such a step has the effect of making the AZEOO Services inaccessible to the Athlete and of removing his/her Athlete Profile from the AZEOO Network.

AZEOO may, at any time, proceed with the deactivation of an Athlete Profile in the event of a breach by the Athlete of his/her obligations under the present Athlete Terms and Conditions.

Article 4.3 - Order and payment

Should the Athlete wish to take out a PREMIUM subscription giving access to paid features, or make a one-off purchase (One Shot Purchase), the order will be placed remotely via a "double-click" contractualization process: validation of the order followed by final confirmation of the order.

The prices of PREMIUM subscriptions and One Shot Purchases are those indicated on the Application on the day the order is placed.

For PREMIUM subscriptions, full payment must be made at the time the order is placed, regardless of the duration of the subscription, using the online payment method selected by the Athlete.

For One Shot Purchases, full payment must be made at the time the order is placed, using the online payment method selected by the Athlete.

Article 4.4 - Provision of the service and non-exercise of the right of withdrawal

The AZEOO Services are provided immediately after the validation of the order by electronic means by the Athlete, and accessible directly by him/her on the azeoo.com website or the AZEOO mobile application, in accordance with article L. 221-28, 13° of the French Consumer Code.

In this respect, when validating the order, the Athlete, as a physical person having the quality of "consumer", gives his express consent for the execution of the contract to begin before the expiration of the withdrawal period, by checking the box required for this purpose. The Athlete thus waives his or her right of withdrawal.

In accordance with article L. 221-13 paragraph 2 of the French Consumer Code, AZEOO provides the Athlete, on a durable medium, within a reasonable period of time after the conclusion of the contract and at the latest before the start of the execution of the contract for the supply of digital content supplied without a material support, with confirmation of its express consent to the supply of digital content not presented on a material support and of the acknowledgement of the loss of its right of withdrawal.

Article 4.5 - Duration

The present Athlete GTC remain applicable for the duration of the PREMIUM subscription taken out by the Athlete. The PREMIUM subscription is tacitly renewed under the same conditions of duration and price, unless terminated no later than the last day of its end date.

In the case of a One Shot Purchase, the content is made available to the Athlete until his/her Profile is deactivated.

AZEOO may, at any time, terminate a PREMIUM subscription in the event of the Athlete's failure to meet his or her obligations under the present Athlete Terms and Conditions, without the Athlete being entitled to any reimbursement of sums already paid, which will in any case remain the property of AZEOO.

Article L. 215-1 of the French Consumer Code

For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by dedicated letter or e-mail, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of renewal, of 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 a visible box, the deadline for non-renewal.

If this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge, at any time after the renewal date.

Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial contract to a fixed-term contract, are in this case reimbursed within thirty days of the termination date, after deduction of sums corresponding, up to that date, to the performance of the contract.

The provisions of the present article apply without prejudice to those which legally subject certain contracts to special rules concerning consumer information.

Article L. 241-3 of the French Consumer Code

When the professional has not reimbursed the sums due in accordance with the conditions set out in article L. 215-1, the sums due shall bear interest at the legal rate.

Article 5 - Athlete's obligations

Article 5.1 - General obligations

The Athlete agrees to access and use the AZEOO Services in good faith, and in coherence with the exclusively personal purpose of its use, as a physical person having the quality of "consumer".

In particular, the Athlete agrees not to use the AZEOO Services for advertising purposes without having previously subscribed to a Professional License or concluded any other written agreement with AZEOO.

The Athlete undertakes to use the AZEOO Services in accordance with all instructions and advice, notably in matters of health and safety, issued by AZEOO or the Professionals.

Finally, the Athlete undertakes not to use the AZEOO Services with the aim of harming their proper functioning, notably by saving or downloading harmful files or software.

Article 5.2 - Legal capacity

The Athlete declares and certifies that he/she meets the conditions of majority and legal capacity in force in the State from which he/she accesses AZEOO Services.

Article 5.3 - Login and password

The login and password issued by AZEOO to the Athlete are unique, personal and strictly confidential. The Athlete is solely responsible for their disclosure, so that any connection to his/her Profile is presumed to come from him/her.

The Athlete undertakes to notify AZEOO as soon as possible of any attack on the integrity, confidentiality or availability of his/her login and password, as well as any unauthorized use of the latter.

Article 5.4 - Health and safety

The Athlete declares and certifies that he/she is physically and psychologically fit to use the AZEOO Services, in particular with regard to following sports and nutritional programs.

In this regard, and depending on his/her use of the AZEOO Services, the Athlete declares and certifies that he/she has consulted a physician who has declared him/her fit for the sports or nutritional program in which he/she intends to participate.

Furthermore, the Athlete acknowledges that participation in a sports or nutritional program requires regular medical follow-up.

Finally, the Athlete agrees to immediately suspend his/her use of AZEOO Services upon the appearance of a medical contraindication or physical or psychological discomfort, in order to consult a physician.

Article 5.5 - Content

In the context of its use of the AZEOO Services, the Athlete undertakes not to disseminate or solicit the dissemination of content contrary to the law or regulations, ethics, public order and morality of the State in which the Services are used, or calling into question the interests and reputation of AZEOO.

The following in particular are prohibited:

Content that is abusive or defamatory, discriminatory, sexual, obscene or pornographic, or otherwise prohibited by law.
Content that constitutes a threat, harassment or incitement to hatred or violence, or content that is inappropriate or offensive.
Content of a political or religious nature.
Advertising or commercial content from an Athlete Profile.

Finally, the Athlete undertakes not to distribute or solicit the distribution of illicit copies of items protected by intellectual property law, image rights or the right to privacy.

Article 6 - Obligations of AZEOO

Article 6.1 - Obligation of means

AZEOO undertakes to allow normal functioning of access and use of AZEOO Services, within the framework of an obligation of means.

In the event of a complaint or technical problem, the User may contact AZEOO by email at the following address: support@azeoo.com

Article 6.2 - Corrective and upgrade maintenance

AZEOO undertakes to carry out corrective and evolutionary maintenance in such a way as not to prevent or restrict access to AZEOO Services beyond a reasonable period of time.

In this respect, AZEOO reserves the right to take all necessary measures, including suspending access to AZEOO Services, in order to protect their security, integrity and availability. Insofar as possible, AZEOO will make reasonable efforts to give the User prior notice of the suspension.

Article 6.3 - Content

AZEOO is qualified as a hosting company (or storage service provider) under article 6.I.2 of the French law n°2004-575 of June 21st 2004 for confidence in the digital economy (LCEN).

In this respect, if AZEOO does not carry out any a priori control on the content posted by Users, AZEOO undertakes in accordance with article 6.I.3 of the LCEN to act promptly to remove any content contrary to the present Professional GTC or to render access to it impossible.

In accordance with article 6.I.7 of the LCEN, any User may thus report any illicit or abusive content by clicking on the "Report abuse" tab provided for this purpose.

Any removal of content or action aimed at making access to it impossible is carried out without prejudice to AZEOO's right to bring an action for damages suffered as a result of the User's wrongful behavior. On the other hand, such action shall in no case give rise to a right to compensation for the User.

Article 7 - Liability

Article 7.1 - Compatibility with needs and facilities

The User alone ensures that the AZEOO Services correspond to his/her needs and are compatible or interoperable with his/her equipment.

In this respect, the User acknowledges that :

The AZEOO Services are provided "as is", it being understood that AZEOO does not provide any guarantee as to the fact that the AZEOO Services (i) are free of anomalies, defects, errors or bugs, (ii) function without breakdown or interruption, (iii) function in combination with any equipment, software, system or data, (iv) are free of any virus or any other harmful element.
The information provided in the context of the use of AZEOO Services is of a general nature.

Consequently, it is the User's responsibility to take all appropriate measures to protect their own equipment, software, systems or data against any attack.

Article 7.2 - Use of AZEOO Services

The User is solely responsible for the use he makes of the AZEOO Services.

The User is notably solely responsible for the publication parameters of his content. In this respect, the User is informed that content that he wishes to keep private or confidential must not be published.

Article 7.3 - Exclusion of liability

Under no circumstances will AZEOO be held responsible for any direct or indirect damage resulting from :

Any use of AZEOO Services that does not comply with the present GTC.
Any delays, in particular relating to registration or updating, imposed by application hosting providers in connection with the supply of a Customized license.
A malfunction of the User's equipment.
Manifestly illicit content published by a User, provided that after becoming aware of it, AZEOO has promptly removed said content or made access to it impossible.
Fraudulent access to the User's data.
Failure to comply with the health and safety instructions issued by the Professional and/or his service providers to his customers and athlete members.
A case of force majeure within the meaning of article 1218 of the French Civil Code and the case law of the French courts.

In no event will AZEOO be liable for indirect damages of any nature whatsoever, such as, but not limited to, financial, commercial or customer loss, business disruption, loss of anticipated profits or savings, loss of image, loss of data, increased costs incurred by the User as a result of a breach by AZEOO of any of its obligations under these GTC. This exclusion of liability for consequential damages also applies in the event of action by a third party.

Article 7.4 - Limitation of liability

In no event will AZEOO's aggregate liability for direct damages resulting from a breach of any of its obligations under these GTC exceed the total amount paid by the User in the 12 (twelve) months prior to the occurrence of the first incident giving rise to liability. In no case may AZEOO's liability for direct damages be sought beyond a period of 2 (two) months following the occurrence of the first incident giving rise to liability. This limitation of liability for direct damages also applies in the event of an action by a third party.zzz

Article 8 - Intellectual property

All elements (in a non-limitative way: photos, videos, texts, articles, logos, documents, interface) composing the AZEOO Services (in their website version as well as their mobile application) are protected by intellectual property rights owned either by AZEOO, or by third parties having authorized AZEOO to exploit them.

These elements are only available for consultation by the Users via the functionalities, in the absence of a prior written agreement. This right of consultation is personal, non-exclusive, non-transferable and limited to the use of AZEOO Services in accordance with the present Athlete Terms and Conditions. Acceptance of these Athlete Terms and Conditions does not transfer any intellectual property rights to the User.

Any use, in whole or in part, of the elements that make up the AZEOO Services, by any means whatsoever or on any medium whatsoever, for commercial or advertising purposes, is forbidden and engages the responsibility of the User.

It is strictly forbidden for the User to :

Carry out any form of use, exploitation or reproduction of the elements described above, totally or partially, by any means whatsoever, without the prior written consent of AZEOO.
Copy, modify, assemble, decompile, alter, sell, rent, lease, loan, broadcast, distribute or transfer all or part of the AZEOO Services, create derivative works from these services or authorize a third party to commit such acts without the prior written consent of AZEOO.
Modify, alter, adapt or make any change whatsoever to the presentation and content of AZEOO Services, as well as to the trademarks, trade names and logos affixed to these services.
Delete the identification and ownership mentions of AZEOO Services.
Intervene on the AZEOO Services in any way and for any reason whatsoever, including to correct errors, evolutionary and corrective maintenance being carried out exclusively by AZEOO and its subcontractors.
Modify or attempt to circumvent any protective device of the AZEOO Services.

Article 9 - Personal data

Personal data refers to all information that allows the User to be identified, directly or indirectly.

AZEOO processes some of the User's personal data. The modalities of this processing are described in the AZEOO Confidentiality Policy.

Article 10 - General

Article 10.1 - Tolerance

No tolerance by one of the parties, even repeated, shall constitute a waiver by that party of any of the stipulations of the present Athlete GTC.

Article 10.2 - Modifications

AZEOO may modify the present Athlete Terms and Conditions.

If necessary, the modifications will be notified in advance in a visible manner on the Website and the mobile application.

By continuing to use the AZEOO Services following such notification, the User will be considered to have accepted the modifications.

Article 10.3 - Fairness & good faith

Throughout the duration of the present Athlete GTC, AZEOO and the Athlete undertake to act in good faith with regard to their reciprocal rights and obligations. In this respect, each party undertakes to inform the other without delay of any difficulty it may encounter in the execution of the present Athlete GTC.

Article 10.4 - Partial disability

In the event that one of the stipulations of the present Athlete GTC is declared null and void or inapplicable by a judicial or administrative authority of a State, it will only be deprived of effect in that State and for the sole elements raising a difficulty.

In the event of nullity or inapplicability of any of the stipulations of the present Athlete GTC, the parties will seek in good faith valid equivalent provisions. In any event, the other stipulations shall retain their full force and scope.

Article 10.5 - Circulation of the contract

AZEOO retains the right to transfer the present Athlete Terms and Conditions to any third party of its choice at any time. In this case, the assignment will be made enforceable against the Athlete by the notification sent by the third party assignee to the Athlete.

Article 10.6 - Subcontracting

AZEOO retains the right to involve any subcontractors within the framework of the execution of the present Athlete Terms and Conditions.

Article 11 - Applicable law and competent courts

These Athlete Terms and Conditions are governed by French law.

In the event of a dispute arising as to the validity, interpretation or performance of these Athlete Terms and Conditions, the more diligent party shall send the other party a registered letter with acknowledgement of receipt, in order to request an amicable resolution procedure.

As a natural person with the status of "consumer", the User may also refer the matter to the national consumer mediator competent in matters of digital commerce, on the condition that he/she has first attempted to resolve the dispute directly with AZEOO by means of a written complaint.

Fédération du e-commerce et de la vente à distance (FEVAD)
60 Rue La Boétie
75008 PARIS
FRANCE
‍mediateurduecommerce@fevad.com

‍Thetime limit for referring to the mediator is one year from the date of the complaint.

Failing amicable resolution within 90 days from the date of first presentation of the registered letter with acknowledgement of receipt referred to in this article, the dispute will be brought before the competent courts.

Article 12 - Contact

AZEOO
23 Rue Crépet
69007 LYON
FRANCE
E-mail: contact@azeoo.com
Société par actions simplifiée
R.C.S. Lyon N°813 620 424