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Update: August 2024
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 (hereafter the "AZEOO Services").
The purpose of the present Terms and Conditions (hereinafter the "Professional Terms and Conditions") is to define the legal framework for the provision to Professional Users (natural or legal person having the quality of "professional" as well as any legal person not acting for professional purposes), of the paid functionalities of AZEOO Services.
By browsing the present website and subscribing to a professional license, the User declares to have read and accepted in full and without reservation the Professional Terms and Conditions as well as the AZEOO Privacy Policy, and renounces the right to take advantage of any contradictory document, which would consequently be unenforceable against AZEOO. Any order placed by a professional is deemed to have been placed by his or her duly authorized representative.
The use of AZEOO Services allows access to the following functionalities:
The present Professional Terms and Conditions apply as soon as a Professional Profile is created.
The creation of the Profile is carried out through the AZEOO website or mobile application according to the modalities below:
The Professional may, at any time, deactivate his/her Profile. The effect of such a step is to make AZEOO Services inaccessible to the Professional and to remove his/her Professional Profile from the AZEOO Network.
AZEOO may, at any time, proceed with the deactivation of a Professional Profile in the event of a breach by the Professional of his/her obligations under the present Professional Terms and Conditions.
The Professional wishing to subscribe to a Professional License must identify the offer that best suits his or her needs on the azeoo.com website, before sending a subscription request. This subscription request is made either through the AZEOO Services, or directly by email to the AZEOO sales department.
Any subscription to a Professional License will therefore be carried out remotely, through a "double click" contractualization process: validation of the order, then final confirmation of the order.
The Professional License prices are those indicated on the azeoo.com website on the day of the order.
Payment can be made by monthly or annual direct debit:
(i) With respect to any offer:
Payment can be made by monthly or annual direct debit:
(ii) For the Customized offer :
Signature of the quotation by the Professional immediately entails payment of the first monthly fee (or the first year's subscription, if applicable).
Receipt of this payment by AZEOO is a prerequisite for the start of the initial delivery period for the white label application, of between 2 and 4 months.
With regard to this initial delivery period, the parties agree that it is offered as an indication and is not contractually binding on AZEOO. In particular, this timeframe covers the initial delivery of the white-label application to the Professional ("in private") and not its public publication on the application hosts. AZEOO will only proceed with such publication upon prior written instruction from the Professional, it being understood that the timeframe within which this instruction is likely to take place is the sole responsibility of the Professional.
Following this initial delivery of the white label application, the Professional has the right to send AZEOO post-delivery feedback on any modifications to be made to the white label application, it being understood that these modifications must be incidental to the content of the initial delivery.
Modifications requested as part of this post-delivery feedback are not subject to additional invoicing by AZEOO, except in specific cases justified by the nature or number of modifications to be made.
Any new request for specific developments made after this post-delivery return will be subject to additional invoicing, detailing the deliverables, the deadlines and the price agreed between the Professional and AZEOO.
Integrated additional sales - AZEOO has teamed up with payment service provider STRIPE to offer the Professional the possibility of carrying out transactions directly with its members and customers, using secure payment via an SSO connection to the STRIPE Connect service.
Each transaction carried out by a Professional with one of its members or customers via the AZEOO Services is subject to a commission of 2% of the value of the sale, including VAT. This commission is directly deducted by AZEOO from the amount payable to the Professional upon confirmation of the sale by his member or customer.
Any transaction carried out via this means will be subject to the STRIPE Conditions of use and confidentiality.
Integrated web and mobile store - AZEOO partners with the SHOPIFY e-commerce platform to offer the Professional a SHOPIFY web store system integrated with the AZEOO web and mobile platform via an SSO connection, and also offering secure payment via an SSO connection to the STRIPE Connect service.
Any transaction carried out by this means will be subject to the SHOPIFY Terms of Use and Privacy Policy, as well as, where applicable, to the STRIPE Terms of Use and Privacy Policy.
Customized support and assistance - For customized SHOPIFY store integration services, rates are available on request from the AZEOO support department: support@azeoo.com.
For customized consulting, training or special support services, rates are available on request from the AZEOO support department: support@azeoo.com.
Prices are in euros, excluding taxes.
In accordance with articles L. 441-10, II and D. 441-5 of the French Commercial Code, any delay in payment will lead to the payment of late payment penalties at a rate equal to three times the legal interest rate, as well as the payment of a fixed indemnity for collection costs of 40 euros.
In any case, AZEOO reserves the right to suspend access to AZEOO Services in case of late payment.
AZEOO Services are provided immediately after the validation of the order by electronic means by the Professional, and accessible directly by him on the azeoo.com website or the AZEOO mobile application.
The Professional acknowledges that in his capacity as a "professional", he cannot claim any right of retraction in the context of the conclusion of the present distance contract.
The present Professional GTC remain applicable for the entire duration of the Professional License subscribed by the Professional. In this respect, the Professional subscribes to the offer that best corresponds to his/her needs as described on the azeoo.com website, between the Essential license, the Professional license and the Customized license.
(i) For Essential and Professional offers :
The license is taken out for an indefinite period, with monthly or annual payment. The Professional may cancel the contract at any time by e-mail, with the cancellation taking effect at the end of a period of 1 month from the date the cancellation e-mail is sent (notice period).
(ii) For the Customized offer :
The license is subscribed to with a 24-month commitment. The Professional may inform AZEOO of his wish not to tacitly renew the contract by e-mail, up to 2 months before the contract expires. Failing this, the contract is tacitly renewed for a renewable 12-month period, unless terminated up to 2 months prior to the anniversary date.
In the event that the Professional wishes to terminate his fixed-term commitment early within 3 months of the conclusion of the license (i.e. on payment of the very first monthly instalment), a lump sum corresponding to 25% of the total amount of the contract will be due to AZEOO, whatever the duration of the commitment subscribed.
In the event that the Professional wishes to terminate his fixed-term contract early, after 3 months following the conclusion of the license (i.e. on payment of the very first monthly instalment), the full amount of the contract will be due to AZEOO, whatever the duration of the contract.
At the end of the contract period, the Professional's white-label application becomes inoperative. The application remains accessible by default on application hosts, with AZEOO only withdrawing the application on prior written instruction from the Professional.
It is reminded that the Customized license consists of the adaptation and commissioning of a white-label application, without any indefinite right of exploitation of this application or transfer of the source code to the Professional.
(iii) With respect to any offer :
AZEOO may, at any time, terminate a Professional License in the event of the Professional's failure to meet his obligations under the present Professional Terms and Conditions, without the latter being entitled to any reimbursement of sums already paid, which will in any case remain the property of AZEOO.
The Professional undertakes to access and use the AZEOO Services in good faith, and in coherence with the exclusively professional and current purpose of its use, as a natural person or legal entity having the quality of "professional", or legal entity not acting for professional purposes.
In this respect, the Professional acknowledges that the professional purpose of the conclusion of the present Professional GTC constitutes a determining element of AZEOO's consent. Thus, the Professional may not at any time claim to be a consumer or non-professional, unless this would vitiate AZEOO's consent to the present GTC.
The Professional undertakes to AZEOO that he/she possesses all the titles, certifications as well as all the elements required in the jurisdiction of the State from which he/she accesses the AZEOO Services in order to exercise his/her activity.
In particular, the Professional is solely responsible for respecting all legal and regulatory obligations in force, in particular those relating to health, safety, or tax and social obligations relating to his/her professional activity.
The Professional undertakes to immediately inform AZEOO of the cessation of his/her professional activity and of the cessation of his/her registration, whatever the cause.
The Professional undertakes to take out an insurance policy guaranteeing his/her professional civil liability for all his/her activities and obligations arising therefrom, to remain so insured for the entire duration of the use of AZEOO Services and to justify this without delay to AZEOO each time the latter so requests.
The Professional agrees to use the AZEOO Services in conformity with all instructions and advice, notably in matters of health and safety, issued by AZEOO.
Finally, the Professional agrees not to use the AZEOO Services with the aim of harming their proper functioning, notably by saving or downloading harmful files or software.
The login and password issued by AZEOO to the Professional are unique, personal and strictly confidential. The Professional is solely responsible for their disclosure, so that any connection to his/her Profile is presumed to come from him/her.
The Professional 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.
The Professional undertakes to require each of his members and clients to declare and certify that he has consulted a doctor who has declared him physically and psychologically fit to use AZEOO Services, in particular with regard to following sports and nutritional programs.
Furthermore, the Professional undertakes to require each of his members and clients to recognize that participation in a sports or nutritional program requires regular medical follow-up.
Finally, the Professional undertakes to immediately suspend the use of AZEOO Services by one of his members or clients, as soon as a medical contraindication or physical or psychological discomfort appears, in order to consult a doctor. The Professional also undertakes to inform AZEOO of this suspension.
In the context of its use of AZEOO Services, the Professional undertakes not to disseminate or solicit the dissemination of content that is contrary to the law or regulations, ethics, public order and good morals of the State in which the Services are used, or that calls into question the interests and reputation of AZEOO.
The following in particular are prohibited:
Finally, the Professional 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.
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
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.
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.
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 :
Consequently, it is the User's responsibility to take all appropriate measures to protect their own equipment, software, systems or data against any attack.
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.
Under no circumstances will AZEOO be held responsible for any direct or indirect damage resulting from :
(iii) With respect to any offer :
(ii) For the Customized offer :
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.
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
All elements (in a non-limitative way: photos, videos, texts, articles, logos, documents, interface) composing the AZEOO Services (in their website and mobile application versions) are protected by intellectual property rights held either by AZEOO, or by third parties having authorized AZEOO to use them.
These elements are only available for consultation by Users via the functionalities, in the absence of 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 Professional Terms and Conditions. In this respect, acceptance of the present Professional 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 AZEOO Services, by any means whatsoever or on any medium whatsoever, for commercial or advertising purposes, is prohibited and engages the responsibility of the User.
In particular, it is strictly forbidden for the User to :
The Professional may publish on the AZEOO Services content of which he is the author and/or third-party content.
The Professional guarantees to AZEOO that he holds all rights, titles and authorizations on the intellectual property rights of the content (notably images and videos) published by him on the AZEOO Services (website and/or mobile application), and that he respects the image rights of third parties.
In the case of embedded videos published by the Professional on the AZEOO Services and communicated to his clients and Athlete members, the Professional guarantees AZEOO that he will respect the intellectual property rights and image rights of third parties:
By publishing content (in particular images and videos), the Professional may consent, according to the confidentiality settings he/she has determined, to this content being shared with the AZEOO Community and/or on the social networks of partner Applications. The Professional may stop sharing content at any time by deleting it.
The Professional remains solely responsible for all content and data published, as well as for his or her sharing choices. The Professional must not publish content or data that he/she wishes to remain confidential. AZEOO reserves the right to publish content and data published by the Professional and mentioning AZEOO Services, for advertising purposes.
The Professional declares that he/she has the necessary rights and abilities to publish the products and services that he/she distributes on AZEOO. The creation, manufacture or distribution of products or services by the Professional on AZEOO Services gives the right and aptitude to the publication of these same products and services by AZEOO for the duration of the contract only. In particular, AZEOO reserves the right to publish content and data published by the Professional and mentioning AZEOO Services, for advertising purposes.
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.
No tolerance by one of the parties, even repeated, shall constitute a waiver by that party of any of the stipulations of these Professional GTC.
AZEOO may modify the present Professional Terms and Conditions.
Where applicable, the modifications will be notified in advance in a visible manner on the Website and the mobile application.
By continuing to use AZEOO Services following such notification, the User will be considered to have accepted the modifications.
Throughout the duration of the present Professional GTC, AZEOO and the Professional 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 Professional GTC.
In the event that any provision of these GTC Professional is declared null and void or inapplicable by a judicial or administrative authority of any State, such provision shall only be ineffective in such State and only in respect of those elements which raise a difficulty.
In the event of nullity or inapplicability of any provision of these GTC Professional, the parties shall seek in good faith valid equivalent provisions. In any event, the other stipulations shall retain their full force and scope.
AZEOO retains the right to assign the present Professional GTC to any third party of its choice at any time. In such a case, the assignment will be enforceable against the Professional by notification sent by the third party assignee to the Professional.
AZEOO retains the right to involve any subcontractors within the framework of the execution of the present Professional Terms and Conditions.
Except with the prior written agreement of AZEOO, the Professional is forbidden to solicit with a view to hiring or to hire, directly or indirectly, any AZEOO collaborator, consultant or employee, whether salaried or not, even if the initial solicitation is made by the collaborator.
The Professional is forbidden to use the documents, information, results, know-how or data transmitted by AZEOO with the aim of developing or marketing a solution competing with that developed and marketed by AZEOO.
The present stipulation applies throughout the duration of the contractual relationship and for a period of 3 years from the end of the latter, whatever the cause, and whatever the geographical location of the Professional.
In the event of violation of the present article, the Professional will be obliged to pay AZEOO, as a penalty clause, a fixed and definitive indemnity equal to 120,000 euros.
Each party authorizes the other, for the duration of their contractual relationship and without limitation of time after their termination, to use the elements specific to the purpose of allowing identification as a reference for their commercial activities, such as corporate name, trade name, logo, group and activity, as well as any other information of a non-confidential nature, for reference purposes.
Each of the parties is an independent contractor acting in its own name and under its sole responsibility, and neither is authorized to exercise control over the conduct of the other's business under these Professional Terms and Conditions.
None of the stipulations of these Professional Terms and Conditions may be interpreted as creating an employer-employee relationship between the parties.
Each of the parties undertakes not to enter into any commitment in the name of and on behalf of the other, and furthermore remains fully responsible for its personnel as well as its services, products and services.
These Professional Terms and Conditions are governed by French law.
In the event of a dispute arising as to the validity, interpretation or performance of these Professional 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.
Failing amicable resolution within 90 days of 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 courts of the jurisdiction of the Paris Court of Appeal, which shall have exclusive jurisdiction.
AZEOO
23 Rue Crépet
69007 LYON
FRANCE
E-mail: contact@azeoo.com
Société par actions simplifiée
R.C.S. Lyon N°813 620 424