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

Article 1 - Purpose and Acceptance

AZEOO offers a SaaS-based platform for digital content and services related to fitness and nutrition programs, available through the azeoo.com website and the AZEOO mobile app (the “AZEOO Services”).

These Athlete Terms and Conditions define the terms under which the free and paid features of AZEOO Services are made available to Athletes. They also apply to free features, in exchange for which the Athlete provides personal data: as such, the Athlete is entitled to the protections provided by the Consumer Code regarding digital content and services (Art. L.224-25-2 of the Consumer Code).

Acceptance: The Athlete Terms and Conditions are expressly accepted by the Athlete by checking a box when creating their Profile and again when placing any paid order. They are available at any time on azeoo.com and may be downloaded and stored on a durable medium. AZEOO’s Privacy Policy (azeoo.com/confidentialite) is made available to the Athlete under the same conditions.

The pre-contractual information provided for in Articles L.221-5 et seq. of the Consumer Code (essential characteristics, price, features, compatibility and interoperability of digital content and services, statutory warranties, term, cancellation terms, and mediation) is provided to the Athlete prior to placing any order, during the ordering process, and in these Athlete Terms and Conditions.

Article 2 - Definitions

• "One-Time Purchase": a one-time purchase of a custom training program, constituting the provision of digital content without a physical medium.
• “PREMIUM Subscription”: a paid subscription providing access to the features described in Section 3.2, constituting the continuous provision of a digital service.
• “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 for personal purposes.
• “Non-professional”: a legal entity that is not acting for business purposes and is entitled to the protections expressly provided for it under the Consumer Code.
• “Professional”: a natural person or legal entity that uses AZEOO Services for purposes related to its professional activity (coaches, clubs, studios, dietitians, sports influencers, etc.), whose relationship with AZEOO is governed by the Terms and Conditions for Professionals.
• "Partner Apps": mobile apps operated by third parties that are interoperable with AZEOO Services.
• "Badge": a virtual reward awarded to Users based on their activity.
• "Training Log": a log containing the Athlete's training history and performance records, as well as changes in their anthropometric data.
• "Nutrition Log": a journal that tracks the foods consumed by the athlete and changes in their nutritional data.
• “User Profile”: a personal account containing the User’s data collected during registration and while using AZEOO Services.
• "Training Program" / "Nutrition Program": a series of training sessions, or a collection of recipes, foods, and notes, to be followed over a specific period of time.
• "AZEOO Network": a feature that allows Users to communicate (via messages and comments) and share their sports and nutrition activities.
• “Workout”: a series of exercises with instructions provided through AZEOO Services (text, audio, images, videos), designed by a Professional for their Athletes or by AZEOO for all Athletes.
• “User”: An athlete or professional associated with a User Profile, who together form the “AZEOO Community.”

Article 3 - Description of the “Athlete” Features

Article 3.1 - Free features

The free version provides access to the following features: Profile management; built-in smart coaching (goals, fitness level, gender); free training programs offered by AZEOO; programs designed by professionals for their clients or members; a library of training videos on YouTube and/or Vimeo; workout log; nutrition log; and the AZEOO network.

Article 3.2 - Chargeable features

The PREMIUM Subscription and, for à la carte programs, One-Time Purchases provide access to the following additional features: unlimited access to AZEOO and Community Training Programs; the ability to design your own training and nutrition programs; alternative exercises; the ability to bookmark other athletes’ workouts; à la carte programs (One-Time Purchases); full access to the AZEOO recipe library; and the ability to generate shopping lists by time period (days, weeks, months).

Article 3.3 - System Requirements and Interoperability

AZEOO Services are accessible via a recent web browser or the AZEOO mobile app, which is compatible with the versions of iOS and Android listed in the app’s descriptions on the App Store and Google Play, and require an Internet connection, the costs of which are the Athlete’s responsibility. The features, compatibility, and interoperability of digital content and services are detailed in the app store listings and on azeoo.com.

Article 4 - Access to Features, Ordering, and Cancellation

Article 4.1 - Creating a Profile

The Athlete Terms and Conditions apply upon creation of an Athlete Profile, which is done via the mobile app or the website: (i) via Facebook or Apple Sign-in, with AZEOO collecting only the data necessary to activate the account, under the terms described in the Privacy Policy; (ii) via a registration form (last name, first name, email address, password).

Minimum age: AZEOO Services are available only to adults with full legal capacity.

Article 4.2 - Deactivation and Deletion of the Profile by the Athlete

The Athlete may deactivate or delete their Profile at any time through their account settings. Deactivation makes the Services inaccessible and removes the Profile from the AZEOO Network; deletion results in the erasure of data in accordance with the Privacy Policy. Deactivating the Profile does not, by itself, terminate a current PREMIUM Subscription, which must be canceled in accordance with the terms of Section 4.6.

Article 4.3 - Order and payment

Signing up for a PREMIUM Subscription or making a One-Time Purchase is done remotely through a “double-click” process: order confirmation (detailed summary: content, price, duration), followed by final confirmation, which constitutes a payment obligation; the order button bears the wording “order with payment obligation” or an equivalent phrase (Art. L.221-14 of the French Consumer Code).

The applicable rates are those displayed in the app or on the website on the day of the order, including all taxes. Payment is due at the time of order via the selected payment method. For monthly or annual PREMIUM Subscriptions, the fee for the period is charged upon sign-up and then on each renewal date. AZEOO sends the order confirmation, including these Athlete Terms and Conditions, via a durable medium (email).

Section 4.4 - Purchases Made Through the Apple and Google Platforms

When a PREMIUM Subscription or a One-Time Purchase is purchased as an in-app purchase through the App Store (Apple) or Google Play, billing, management, cancellation, and any refunds for the subscription are handled by Apple or Google in accordance with their own terms and conditions. In this case, cancellation is done directly through the device settings or the Apple/Google account settings at any time, and no later than 24 hours before the expiration date to prevent renewal. The provisions of Sections 4.3, 4.5, and 4.6 apply subject to the mandatory rules of these platforms.

Article 4.5 - Right of Withdrawal

PREMIUM Subscription (streaming digital service): The Athlete has a 14-day withdrawal period starting from the date of subscription, without having to provide a reason for their decision, by submitting the standard form below or any unambiguous statement to contact@azeoo.com. If the Athlete expressly requests that the service begin before the end of the withdrawal period, they may still withdraw; in this case, they are liable for the portion of the price corresponding to the service provided up to the time their decision is communicated, calculated as a proportion of the total agreed-upon price (Art. L.221-25 of the French Consumer Code), with the remainder to be refunded within 14 days.

One-Shot Purchase (digital content provided without a physical medium): The Athlete may request immediate delivery of the content. In this case, by checking the box provided for this purpose, the Athlete gives his or her express prior consent to immediate performance and acknowledges that he or she thereby forfeits the right of withdrawal (Art. L.221-28, 13° of the Consumer Code). AZEOO confirms this agreement and waiver to the Athlete on a durable medium before performance begins (Art. L.221-13 of the French Consumer Code). In the absence of such a request, the content is provided after the 14-day withdrawal period has expired.

Section 4.6 - Term, Renewal, and Termination of the PREMIUM Subscription

The PREMIUM Subscription is valid for the term selected at the time of sign-up (monthly or annual) and is automatically renewed for the same term and at the same price, unless canceled.

Cancellation by the Athlete: The Athlete may cancel at any time, effective at the end of the current period, (i) via the free, permanent “Cancel Your Subscription” feature, accessible directly from the Athlete’s account and allowing the Athlete to notify cancellation in no more than three steps, in accordance with Article L.215-1-1 of the French Consumer Code, or (ii) by email to contact@azeoo.com, or (iii) for in-app purchases, through Apple/Google settings (Article 4.4). AZEOO will confirm receipt of the cancellation and its effective date in a durable medium.

Information on Contract Renewal (Art. L.215-1 of the Consumer Code): AZEOO notifies the Athlete via a dedicated email—no earlier than three months and no later than one month before the end of the period during which the Athlete may opt out of renewal—of the option to not renew the contract, with the deadline for opting out clearly stated in a prominent box. In the absence of this notice, the Athlete may terminate the contract free of charge at any time following the renewal, and any amounts paid after the renewal will be refunded within 30 days, less amounts corresponding to the performance of the contract up to the date of termination (if no refund is made within this period, the amounts due shall accrue interest at the statutory rate, Art. L.241-3 of the Consumer Code).

One-Time Purchase: Purchased content remains accessible to the Athlete as long as their Profile exists, even if they do not have a PREMIUM Subscription. In the event of the permanent discontinuation of AZEOO Services, Athletes will be notified at least 3 months in advance.

Article 4.7 - Suspension and Termination by AZEOO in the Event of a Breach

In the event of a breach of these Athlete Terms and Conditions by the Athlete, AZEOO shall issue a formal notice requiring the Athlete to remedy the breach within 15 days. If the Athlete fails to remedy the situation, AZEOO may suspend or terminate the PREMIUM Subscription and/or deactivate the Profile, by means of a reasoned decision notified to the Athlete, specifying the alleged violations and the avenues for appeal (Art. 17 of Regulation (EU) 2022/2065 – DSA). In the event of a particularly serious breach (manifestly illegal content, compromise of the security of the Services, fraud), suspension may take effect immediately, with the reasoned decision being notified to the Athlete without delay.

In the event of termination for breach, amounts corresponding to the unused subscription period will be refunded on a pro-rata basis, unless the breach has caused AZEOO harm for which compensation may be deducted from these amounts, in which case AZEOO bears the burden of proving such harm. Access to content purchased through One-Shot Purchases will be maintained, unless the deactivation of the Profile results from a particularly serious breach that makes such maintenance impossible; in the latter case, One-Shot Purchases made within the last 12 months will be refunded.

Article 5 - Athlete's obligations

Article 5.1 - General obligations

The Athlete agrees to use AZEOO’s Services in good faith, for personal use only, in accordance with the instructions and advice—including those regarding health and safety—provided by AZEOO or the Professionals. The Athlete shall not use the Services for advertising or commercial purposes without a professional license or written consent from AZEOO, nor shall the Athlete interfere with the proper functioning of the Services (e.g., through malicious files or software, or technical disruptions).

Article 5.2 - Legal capacity

The Athlete declares that he or she meets the age requirement set forth in Article 4.1 and has the legal capacity required in the country from which he or she accesses the AZEOO Services.

Article 5.3 - Login and password

Usernames and passwords are personal and confidential. The Athlete shall take reasonable precautions to maintain their confidentiality and shall notify AZEOO as soon as possible of any breach of confidentiality or any unauthorized use of their account. Unless the Athlete is at fault, they shall not be held liable for the consequences of any fraudulent use of their account that is not attributable to them.

Article 5.4 - Health and safety

The Athlete declares that he or she is physically and psychologically fit to use the AZEOO Services. Depending on his or her use of the Services, the Athlete declares that he or she has consulted a physician who has deemed him or her fit for the sports or nutrition program in which he or she intends to participate, and acknowledges that such participation requires regular medical monitoring. The Athlete agrees to immediately suspend use of the Services upon the onset of any medical contraindication or physical or psychological discomfort in order to consult a doctor. The information provided through the AZEOO Services is of a general nature and does not constitute a medical diagnosis or prescription.

Article 5.5 - Content Posted by the Athlete

The Athlete shall not post or solicit the posting of content that violates the law, public order, or the rights of third parties. The following are specifically prohibited: content that is abusive, defamatory, discriminatory, sexual, obscene, or pornographic; threats, harassment, or incitement to hatred or violence; advertising or commercial content published from an Athlete Profile; and the distribution of unauthorized copies of material protected by intellectual property rights, image rights, or privacy rights. Since the AZEOO Network is a space dedicated to sports and nutrition, content of a political or religious nature, which is unrelated to its purpose, may be moderated.

Article 6 - Obligations of AZEOO

Article 6.1 - Provision and Operation of the Services

AZEOO will provide the AZEOO Services without undue delay after the contract is concluded and undertakes to ensure their normal operation. For any complaints or technical issues: support@azeoo.com.

Section 6.2 - Maintenance

AZEOO performs corrective and maintenance updates in a manner that does not restrict access to the Services for longer than a reasonable period of time, and may take any necessary measures—including a temporary suspension—to protect their security, integrity, and availability, while making every effort to notify Users in advance.

Article 6.3 - Content Moderation – Hosting Provider Status and DSA

AZEOO acts as a hosting provider within the meaning of Law No. 2004-575 of June 21, 2004 (LCEN), as amended, and as a hosting service provider within the meaning of Regulation (EU) 2022/2065 (DSA). It exercises no prior control over content published by Users and acts promptly to remove any unlawful content brought to its attention or to block access to it.

Any User may report content that is illegal or violates these Terms via the “Report Abuse” tab or by emailing support@azeoo.com. In accordance with Article 17 of the DSA, any decision to remove, block, or restrict content must be justified and notified to the affected User, who may contest it with AZEOO. The removal of content does not deprive AZEOO of its right to seek compensation for damages suffered as a result of wrongful conduct.

Article 6.4 - Updates

In accordance with Article L.224-25-25 of the Consumer Code, AZEOO notifies the Athlete of any updates—including security updates—necessary to maintain the compliance of digital content and services, and provides them to the Athlete for the duration of the service (PREMIUM Subscription) or for as long as the Athlete can reasonably expect (One Shot Purchase). The Athlete is free to choose whether or not to install the updates; if the Athlete fails to install an update necessary for compliance within a reasonable period of time, AZEOO is not liable for any resulting non-compliance.

Section 6.5 - Changes to the Services

AZEOO may modify digital content and services beyond what is necessary to maintain their compliance, for legitimate reasons (technical developments, security, functional improvements), at no additional cost to the Athlete. If a modification adversely affects the Athlete’s access to or use of the Services, AZEOO will notify the Athlete clearly, in a durable medium, and reasonably in advance; the Athlete may then terminate the contract at no cost within 30 days, unless the impact is minor or AZEOO allows the Athlete to continue using the service without the modification (Articles L.224-25-23 and L.224-25-24 of the French Consumer Code).

Article 7 - Legal Warranties

The Athlete is covered by the legal guarantee of conformity for digital content and services (Articles L.224-25-12 et seq. of the Consumer Code), including when the service is provided without payment in exchange for the provision of personal data. AZEOO is liable for any lack of conformity existing at the time of provision and, for the PREMIUM Subscription, any lack of conformity that arises during the entire period of service provision. The Athlete may obtain rectification at no cost and without undue delay or, failing that, a price reduction or termination of the contract, in accordance with legal provisions. These guarantees are exercisable without prejudice to the right to compensation for damages suffered.

Article 8 - Liability

Article 8.1 - AZEOO’s Liability

In accordance with Article L.221-15 of the Consumer Code, AZEOO is automatically liable to the Athlete for the proper performance of the obligations arising from the distance contract, whether those obligations are performed by AZEOO itself or by other service providers, without prejudice to its right of recourse against them. AZEOO may be exempted from all or part of its liability by proving that the non-performance or improper performance is attributable either to the Athlete, or to an unforeseeable and insurmountable act by a third party to the contract, or to a force majeure event within the meaning of Article 1218 of the Civil Code.

Article 8.2 - Respective Roles of AZEOO and the Professionals

The training and nutrition programs designed by Professionals are created under their sole editorial and professional responsibility. AZEOO, which provides the digital tool, is not involved in either their design or their supervision. Liability for damages resulting from the content of a program designed by a Professional, or from the Professional’s failure to fulfill their obligations to their clients, rests with that Professional, without prejudice to AZEOO’s own obligations under these terms.

Article 8.3 - Athlete’s Liability

The Athlete is responsible for their use of AZEOO Services, including the privacy settings for their content (content they wish to keep private must not be posted on the AZEOO Network), compliance with health and safety guidelines, and the content they post.

Article 9 - Intellectual Property

Article 9.1 - Content from AZEOO and Third Parties

All elements comprising the AZEOO Services (photos, videos, text, logos, documents, interfaces, software) are protected by intellectual property rights owned by AZEOO or by third parties that have authorized AZEOO to use them. The Athlete is granted a simple, non-exclusive, and non-transferable right of access and personal use, limited to the use of the Services in accordance with these Terms, without any transfer of rights to the Athlete. Any commercial or promotional use, reproduction, modification, decompilation, distribution, or circumvention of protection measures is prohibited, subject to mandatory legal exceptions.

Article 9.2 - Content Posted by the Athlete

The Athlete retains the intellectual property rights to the content they publish on the AZEOO Services. The Athlete grants AZEOO, for the duration that such content remains online and worldwide, a non-exclusive, royalty-free license to host, reproduce, technically adapt (formats, resolutions), and display such content, to the extent strictly necessary for the operation of the AZEOO Services and Network. This license terminates for each piece of content upon its deletion by the Athlete or upon the deletion of the Athlete’s Profile, subject to temporary technical copies and content shared by other Users prior to deletion. The Athlete warrants that they hold the necessary rights to the content they publish.

Article 10 - Personal Data

AZEOO processes Users' personal data in accordance with the terms set forth in its Privacy Policy (azeoo.com/confidentialite), which specifies, among other things, the purposes, legal bases, retention periods, recipients, and the rights of data subjects.

Certain data provided by the Athlete (anthropometric data, nutritional data, and any medical contraindications) may constitute health data as defined in Article 9 of the GDPR; the processing of such data is based on the Athlete’s explicit consent, which is obtained when the relevant features are activated and may be revoked at any time. Contact information for the Data Protection Officer: support@azeoo.com.

Article 11 - General Provisions

Article 11.1 - Tolerance

No act of tolerance by either party, even if repeated, shall constitute a waiver of any of the provisions herein.

Article 11.2 - Amendments to the Athlete Terms and Conditions

AZEOO may modify these Athlete Terms and Conditions. Any modification will be notified individually to the Athlete (via email or in-app notification) at least 30 days before it takes effect. An Athlete who does not accept the changes may cancel their subscription at no cost before the changes take effect, and will receive a pro-rated refund for the unused portion of their subscription period. Otherwise, the new Athlete Terms and Conditions will apply as of their effective date. Price changes will take effect only upon the next renewal following notification.

Article 11.3 - Partial Disability

The invalidity or unenforceability of any provision shall not affect the other provisions, which shall remain in full force and effect; the parties shall, in good faith, seek a valid equivalent provision.

Article 11.4 - Assignment of the Contract

AZEOO may transfer the contract to a third party, particularly in the event of a business transfer, merger, or acquisition, provided that such transfer does not result in any reduction of the Athlete’s rights. The Athlete will be notified in advance and may, if the transfer affects their rights, terminate the contract at no cost and receive a pro-rata refund.

Article 11.5 - Subcontracting

AZEOO may engage subcontractors to perform the terms of this Agreement; it remains fully liable to the Athlete under the terms of Article 8.1.

Article 11.6 - Good Faith

The parties shall perform this Agreement in good faith and shall promptly notify each other of any difficulties in performance.

Article 12 - Claims, Mediation, and Jurisdiction

Article 12.1 - Prior Complaint

In the event of a problem, the Athlete is encouraged to submit a written complaint to AZEOO (contact@azeoo.com or by mail to the corporate headquarters), which will endeavor to respond within 30 days. This process does not preclude the Athlete from pursuing any other remedies.

Article 12.2 - Consumer Mediation

In accordance with the provisions of the Consumer Code regarding the amicable settlement of disputes, AZEOO is a member of the FEVAD (Federation of E-commerce and Distance Selling) Consumer Ombudsman Service, whose contact information is as follows: BP 20015 – 75362 Paris Cedex 8 – www.mediateurfevad.fr. After the Athlete has first submitted a written complaint to AZEOO, the Mediation Service may be contacted, free of charge, regarding any consumer dispute that has not been resolved, within one year of the written complaint. Recourse to mediation is optional, and the Athlete remains free to bring the matter before the competent courts at any time.

Article 12.3 - Governing Law and Jurisdiction

These Athlete Terms and Conditions are governed by French law, without prejudice to any mandatory provisions offering greater protection in the Athlete’s country of habitual residence within the European Union (Article 6 of the Rome I Regulation). Any dispute shall be subject to the jurisdiction of the competent courts in accordance with the rules of general law; the Athlete may, at his or her discretion, bring the matter before either one of the courts with territorial jurisdiction under the Code of Civil Procedure or the court of the place where he or she resided at the time the contract was concluded or the harmful event occurred (Art. R.631-3 of the Consumer Code).

Article 13 - Contact

AZEOO, a simplified joint-stock company (Société par Actions Simplifiée) with a capital of €26,771, registered with the Lyon Trade and Companies Register under No. 813 620 424, with its principal place of business at 23 rue Crépet, 69007 Lyon, France. Email: contact@azeoo.com – Publisher: Mr. Samuel VERDIER.