Last update : June 2020
The present general terms of services (the “General Terms and Conditions Athlete“) apply to the platform of services relating to the sports training’s programs and sessions, advice and sports historical, advice and nutritional plans, to the publication of content and comments on social networks and with the AZEOO Community (the “AZEOO Services“), provided by AZEOO, simplified joint-stock company registered with the Register of Commerce and Companies of Lyon under the number 813 620 424 (“AZEOO“) through its Internet site www.azeoo.com or mobile applications AZEOO.
The present General Terms of Service Athlete apply to all Athletes Users, necessarily physical persons and consumers, who subscribe a Premium Subscription or perform a one short purchase via the AZEOO Services (the “Athletes“), regardless of their geographical situation and for the whole world.
Premium Subscription: access to AZEOO Services supplied against payment to the athletes for a specified duration of 1, 3, 6 or 12 months, allowing most particularly to have access to sports programs and nutrition, as well as to various other features, which are the subject of the present General Terms of Service Athlete.
One Shot Purchase: personalized training programs and training sessions supplied punctually against payment to Athletes and that are subject of the present General Terms of Service Athlete.
Athlete: physical consumer who uses the AZEOO Services for personal, non-professional and non-commercial use for its sports training, obtain information and sports and nutritional programs, to exchange with the AZEOO Community on its physical performance and on sport and nutrition in general.
Partner Applications: mobile applications, operated by third parties, interoperable with the AZEOO Services.
Badge: virtual reward assigned to Users according to their activity recorded within the AZEOO Services.
Book: users’ Gallery of Photographs.
Challenge: proposal made to athletes, by a club or by AZEOO, to face a particular challenge in a defined time interval. The or the athletes participating in this challenge are likely to be assigned points or badges, under the conditions defined by the author of the challenge.
Club: physical or moral person, necessarily professional and regularly registered, who operates a place assigned to the practice of sport in particular to the destination of consumer customers and who uses the AZEOO services for professional and commercial use, in order to remain in contact with his/her Athletes customers and his/her Coaches partners, to ensure his/her promotion via the AZEOO Services, to create programs and training sessions to the destination of his/her adherents Athletes, and to exchange with the AZEOO Community.
Coach: a physical or moral person, necessarily professional and regularly registered, who operates the activity of sports trainer, in particular to the destination of consumer customers, and who uses the AZEOO Services for professional purposes, in order to remain in contact with his/her Athletes customers and his/her potential Clubs partners , to ensure his/her promotion via the AZEOO Services, to create programs and training sessions to the destination of his/her Athletes customers and to share with the AZEOO Community.
AZEOO Community: all users of AZEOO, Athletes, Coaches and Clubs.
Team: a team is composed of Athletes; the Clubs; the Coaches and the Athletes can create it. It allows the virtual gathering of Athletes with the purpose of participating in challenges by teams, and to train following the same training program.
Logger workouts: log containing the Athlete’s workout history (with a three months limit period), as well as the history of his/her performance and the evolution of his/her anthropometric data. This log is used to ensure a follow-up of the progress and of the physical improvements.
Logger of nutrition: journal containing the historic of nutritional plans followed by the Athlete.
Freemium offers: AZEOO Services is provided free of charge for an indefinite period dedicated to sport and to nutrition for Athletes and Clubs. and that are the subject of the General Conditions of Use of the services AZEOO contained in a separate contractual document.
User Profile: personal data, social information and photographs entered by the User when creating the profile and in the course of use of the services AZEOO. Three types of profiles are available: Athlete, Coach and Club. The Profiles Athlete and Coach also contain the anthropometric data.
Training Program: sequence of training sessions to be completed during a defined period of time, necessarily superior to 24 hours. The training programs are offered by the Clubs for their members Athletes, by the Coaches for their customers Athletes and also by AZEOO for the whole of the community of Athletes.
AZEOO Network: features of Services AZEOO allowing users to communicate between each others through collective messages, viewing the activities of all or part of other Users and to publish comments.
Training Sessions: sessions of strength and fitness exercises which instructions are given via the AZEOO Services, through texts, sounds, images and/or videos. A session is carried out during the same day. The training sessions are proposed by the Clubs for their members Athletes, by the Coaches for their customers Athletes and also by AZEOO for the whole of the community of Athletes.
AZEOO services: platform of digital services online, available via the website www.azeoo.com and mobile applications AZEOO, giving access to various features and in particular to sports and nutritional programs, recording the history of the activity of the Athletes, bringing together the Athletes, Clubs and Coaches via the AZEOO network and providing services to the Clubs and Coaches that are likely to facilitate the exercise of their professional activity.
Users: athletes, Coaches and Clubs that form the AZEOO Community, individually attached to a User Profile.
The AZEOO services are governed by the following contractual documents, listed below in ascending order by contractual value:
The subscription of a premium subscription or the action of making a purchase one shot by the Athlete gains full consent to these General Terms of Services Athlete.
Any condition put forward by the Athlete or any certification, warranty or other reference, not contained in the documents referred to above, is ineffective against AZEOO. It is the same for any prior agreement to the present contract, expressed or implied, in whatever form and in particular by exchange of emails between the Parties. These potential agreements are deemed non-written.
The object of these present General Terms of Service Athlete is to define the legal framework for the provision of the Users Athletes (physical consumers) by AZEOO, through its Internet site www.azeoo.com or mobile applications AZEOO, the different paid features dedicated to sport training and nutrition gathered under the appellation of AZEOO Services, which include the following:
Other features are accessible to Athletes punctually via a One Shot purchase:
Any order is carried out remotely and will be the subject of prior validation by the Athlete. The order is deemed concluded at the time of its validation by the Athlete.
In the case of purchase via PayPal, AZEOO will send an invoice by e-mail to the Athlete. The invoice will mention indications referred to in article L. 441-3 of the Code of Commerce.
The rates of Premium Subscriptions and those of one shot purchases are those indicated on the website www.azeoo.com or mobile applications AZEOO on the day of the order.
The full payment of the fee takes place at the time of the order by the means of an online payment selected by the Athlete. The full payment of the Premium Subscriptions takes place on the day of the order, regardless of their duration.
The AZEOO Services are provided exclusively by electronic means and consist in the provision of digital services of the type “software as a service” (“SaaS “) on the software application AZEOO and the right to use, in the conditions referred to in Article 10 below, for the purposes of non-professional levels of content, graphics, sound, video, text and particularly protected by the rights of intellectual property, but only through the AZEOO software application.
The AZEOO services are delivered immediately following the Athlete’s electronic validation of the order and immediately accessible by the Athlete via the site www.azeoo.com or mobile applications AZEOO.
The Athlete, a physical consumer, expressly waives his right of withdrawal in the case of the supply of a digital content not supplied for a material support for which the execution has begun, in accordance with article L221-28 13° of the Consumer Code and article 16 of the European Directive 2011/83/EU of 25 October 2011 on the rights of consumers.
This waiver of revocation must be expressed during the acceptance of the order, by selecting the required reference contained on the page of the command of mobile AZEOO applications or on the website www.azeoo.com.
The present General Terms of Service are concluded for the duration of the premium subscription subscribed by the Athlete.
In the case of a One Shot purchase, the content is made available to the Athlete for the duration referred to in the Terms and Conditions of Use of the AZEOO services.
However, AZEOO may terminate this Contract at any time, in case of the failure on the part of the Athlete of any of its contractual obligations and, in particular, in case of the failure to comply with the obligations referred to in Articles 8 and 10 below and 8 and 9 of the General Terms of Service.
With these assumptions, the sums paid by the Athlete to AZEOO will remain in any events acquired by AZEOO.
At the end of the Premium Subscription, the premium data of the Athlete will be disabled; as long as these data are disabled, they are inaccessible to the Athlete. If the Athlete subscribed to a new subscription premium, within a period of maximum 12 months following the term of the previous Premium Subscription, data premium will be reactivated as soon as payment of this subscription is received.
Under Article L 215 -1 of the Consumer Code, literally reproduced:
“For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional providing the services shall inform 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 the renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, shall mention, in a visible box, the deadline for non-renewal.
When this information has not been sent to him 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 fixed-term contract, shall in this case be reimbursed within thirty days of the date of termination, after deduction of the sums corresponding, up to that date, to the performance of the contract. The provisions of this article apply without prejudice to those which legally subject certain contracts to special rules regarding consumer information.”
Article L215-2 of the Consumer Code provides:
“The provisions of this chapter are not applicable to operators of drinking water and sanitation services.”
Similarly, under Article L215-3 of the Consumer Code states:
“the provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals.”
Article L241-3 of the Consumer Code states:
“When the professional has not proceeded to reimbursement under the conditions provided for in Article L. 215-1, the sums due shall bear interest at the legal rate.”
The Athlete must use the content of the AZEOO Services in compliance with all the instructions or safety instructions that are given by AZEOO (for the content provided by AZEOO), Coaches or Clubs in the framework of the execution of the services.
The Athletes are reminded that prior to any sports practice, every Athlete must check beforehand with his treating physician for his ability to practice. It is the same prior to any modification of his/her nutritional habits. In addition, the regular practice of a sporting activity or the adoption of a nutritional program require regular medical follow-up. The frequency of this monitoring must be defined by the treating physician, for each Athlete.
It is strictly forbidden for an Athlete whose physical condition or state of health is not apt to engage in sport practice or in a nutritional program to use the AZEOO Services.
The AZEOO Services do not have the intention to be a substitute for a medical opinion, but only to bring together the people who are passionate about the sport and nutrition for purely aesthetic purposes and personal well being. Any athlete with the slightest medical contraindication, the slightest discomfort or other problem either physical or psychological during its use of AZEOO Services must immediately stop using the services and consult a health professional.
The Athlete’s use of the features of his/her profile is done under his sole responsibility.
AZEOO is not responsible for the Athlete’s use of the AZEOO Services.
Notably, AZEOO’s responsibility may in no case be sought in case of bad use of the services or the non-compliance of the health and safety instruction on the part of the athlete.
AZEOO will bear no responsibility for the content, which is published by the Coaches or Clubs and which are not provided by AZEOO.
AZOO declares to be insured for his professional civil liability with the company AXA France IARD SA police number 6786888204, for all the material and immaterial damage consecutive to the execution of the present General Terms of Service by its staff or its providers.
The use of ARZOO services is done at the risk and peril of the Athlete. Accordingly, the responsibility of AZEOO cannot be engaged in case:
AZEOO provides no guarantee as to the fact that potential defects of the services AZEOO be corrected, or that the AZEO services are free of viruses or other harmful elements.
AZEOO undertakes to implement the means necessary for the proper functioning of the services AZEOO Services but cannot guarantee that their operation will be uninterrupted or error-free, that they will work in combination with any hardware, software, system or data, and that the server or servers on which the AZEOO Services are hosted, the User’s data and information will be free of viruses or any other harmful elements. The AZEOO Services and all their content are provided “in the State”.
10.1. Ownership of AZEOO Services
AZEOO is the holder of the rights of exploitation of the AZEOO Services and this contract shall not entail any transfer of intellectual property rights for the benefit of the Athlete. It is the same with the content made available to the Athlete by third parties, including the content provided by the Coaches and the Clubs who remain the full property of their authors.
By the present contract, the Athlete has a right to use the features of the profile, non-exclusive right to the use and non-transferable, and limited to the duration of the present contract of services.
It is especially forbidden for the Athlete:
AZEOO expressly reserves the exclusive right to intervene on the AZEOO Services to enable it to be used in accordance with their destination and in particular to correct the errors.
10.2. OWNERSHIP OF THE ATHLETE’S DATA
The Athlete remains, and ensures that he/she is the owner or holder of the rights of his/her data, content and of the images published, and that he/she respects the rights of the image of the third party.
By publishing content and images on AZEOO, the Athlete concedes to AZEOO a free license, indefinite, valid for the whole world, assignable and likely to sub-license to make these content or images accessible in the framework of the execution of the services AZEOO, in compliance with the privacy settings chosen for these content or images.
The personal data and anthropometric that can be published and shared by the athlete as well as the modalities of their shares are defined in the Privacy Policies of AZEOO.
By publishing images or content, the Athlete agrees that these images and content be disseminated to the AZEOO Community or on the social networks of partner applications. When the Athlete performs an ascending download (“Upload”) of an image or of the content, the content is automatically shared with the Community AZEOO. The Athlete may cease to share an image or content at any time by deleting it.
The Athlete must not publish images or data that he/she wants to remain confidential.
The Athlete remains solely responsible for all the images and data published and his/her choice of sharing.
It is formally agreed that any tolerance or renunciation of one of the Parties, in the application of all or part of the commitments set forth in these present general conditions, whatever the frequency and duration, cannot demand modification, nor generate any unspecified right.
AZEOO reserves the right to modify or update at any time the present General Terms of Service Athlete.
In this eventuality, AZEOO will notify the Athletes of these changes by email or message that will be displayed on the AZEOO Services, prior to their entry into force.
By continuing to use the Services AZEOO following any modification of these General Terms of Service Athlete and after having been informed of these changes, the Athlete signifies his/her acceptance of these changes.
Throughout the duration of the present general conditions, the Parties undertake to act in good faith in the light of their reciprocal contractual rights and to take any measure with a view to the achievement of their objectives.
Accordingly, each Party undertakes to inform the other Party without delay of any difficulty that he/she could meet within the framework of the execution of these general terms.
All the obligations of AZEOO will be suspended in the case of force majeure and throughout the duration of the latter. The cases usually retained by the French common law are considered an event of force majeure include:
In the case where one of the stipulations of these General Terms of Service would be declared void or unenforceable by the judicial authority of a State, the latter would only be deprived of effect in that state and to the only elements bringing some difficulty, the stipulation will retain all its maximum range eligible by the Act or the jurisprudence of this state.
The invalidity or unenforceability of one or of any of the stipulations of these general conditions does not prevail, nor nullity that of the other stipulations that will retain all their force and scope.
AZEOO is free to assign the General Terms of Service to any third party of his choice at any time. In the case of the assignment of the present, the assignment will be perfected to the User by simple information transmitted by the Third Party assigned to the User by email.
AZEOO will be free to intervene in potential subcontractors in the framework of the execution of the present contract, notably for the hosting of the Athletes ‘data and content provided through the AZEOO Services.
The laws and regulations of the French Republic govern the General Terms of Service Athlete.
The General Terms of Service Athlete are drafted in the French language. In the case where they would be translated into one or several languages, only the French text of origin would be relied upon in case of a dispute.
In cases where a dispute arises between the parties in the execution or the interpretation of this Convention, the Parties undertake to try to resolve the issue beforehand in an amicable settlement.
The consumer remains free to enter the jurisdiction of its choice at any time.
The mediation and conciliation are two modes of amicable resolution of conflicts that involve a third party, the Ombudsman and the conciliator.
Mediation is a method of conflict resolution that consists in accompanying the parties and to seek the opinion of a qualified third party, the Ombudsman, a process freely accepted by the Parties. The Ombudsman deals with the files with the two parties, in his office, unlike the conciliator who can process the files with only one of the Parties.
The conciliation consists in the intervention of a third party, the Conciliator of Justice, who, after having listened to the parties and analysed their point of view, offers a solution to resolve their dispute. The last resort before a judicial procedure takes place is to try to obtain the amicable settlement of a dispute. It aims to find a compromise between two opponents who have an interest to reconcile. The conciliators are auxiliary volunteers of Justice, appointed by the first presidents of the Court of Appeal, preferably from among people with a certain level of legal experience. They are responsible, outside of any trial, to help their fellow citizens to settle their disputes and can be seized, without any particular formalities, by any consumer, during consultations they provide at the level of cantons. The task of the conciliators is to introduce the opponents and to help them discover the solution to their dispute. The agreement of the Parties, if it is obtained, can be realised through an agreement that will have the legal value of a contract. The trial judge may render this finding of agreement enforceable by law if so requested by one of the Parties. This settlement must however be accomplished and put into action quickly because the conciliation procedure does not interrupt nor does not suspend the time limits for appeal to justice. To know their places, days and hours of consultations, one must be directed to the Registry of the Court of Appeal or to the town hall or on the Internet on the website of the Ministry of Justice.
In the case of a dispute, the most diligent party may be able to address a registered letter to the other Party with acknowledgment of receipt to solicit a procedure for the amicable resolution of the dispute.
If the User is a consumer subject to French law, he/she can also, if he/she wishes, instruct the National Consumer Ombudsman competent in the field of digital commerce:
Federation of e-commerce et de la vente à distance (FEVAD)
Address : 60 rue la Boétie – 75008 PARIS
The User is informed that the date of referral procedure for the Ombudsman can only take place after having attempted to resolve the dispute directly with AZEOO by a written claim.
The deadline to bring in the Ombudsman is one year from the date of the claim.
If, at the end of a period of 90 days beginning with the date of the first submission of the letter referred to in the preceding paragraph, the parties were unable to agree, the dispute will be then submitted at the initiative of the most diligent party, to the competent courts.
ANY DISPUTE ARISING FROM THE INTERPRETATION OR THE EXECUTION OF THE PRESENT GENERAL TERMS OF SERVICE ATHLETE WILL REPORT EXCLUSIVELY TO THE COMPETENT FRENCH JURISDICTIONS. IF A JURISDICTION MORE FAVORABLE APPLIES IN AN IMPERATIVE WAY TO THE ATHLETE AS A CONSUMER, THEN, BY DEFAULT, THE COMPETENT COURTS WILL BE THOSE DESIGNATED BY THE LAWS, REGULATIONS AND INTERNATIONAL TREATIES IN FORCE. IF A CONFLICT OF JURISDICTION SHOULD ARISE, THE COMPETENT COURT WILL BE CHOSEN BY AZEOO.