YOFIT GENERAL TERMS AND CONDITIONS OF USE
Version of December 10, 2020
Preamble
These General terms and Conditions of use (“GCU”) govern the terms of use of the website YoFitapp and its smartphone applications (the “Site”, “YoFit”, “We”, “Us,” “Our”, “Company”) owned by Cabridens Jerome by any User of the Site (“User”) and other content (furthermore referred to as the “Services”).
The GCU are made available to Users on the Site and can also be provided upon request.
The User declares to have read and accepted these terms. The applicable terms are those provided on the Site.
The fact that We fails to invoke any term hereof shall not be construed as a waiver.
Material Terms : As provided in greater detail in this Terms and Conditions of use (and without limiting the express language of this Terms of use), you acknowledge the following: – the Service is licensed, not sold, to you, and you may use the Service only as set forth in this Terms of use; – you use the Service at your sole risk, and you should consult with a physician or other health care professional before commencing use of the Service; – the use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility; – you consent to the collection, use, and disclosure of your personally identifiable information in accordance with YoFit Privacy Policy available at Privacy Policy Page (“Privacy Policy”); – we provide the App to you on an “as is” basis without warranties of any kind and YoFit liability to you is limited; – disputes arising between you and We will be resolved by binding arbitration.
Article 1 – Requirements for registration and User account
The User can register and create a User account to use the Site and the services.
The User must be at least 13 years old to open an account. Users under 18 shall be restricted from adult content and the use of certain Services.
A User must provide the following personal information for the opening of his/her account: name, email address, password for his/her profile, gender, preferred language, country of residence and email address of his/her partner. Failing this, the opening of the account shall not be possible.
The User may also provide at any time additional information such as his town of residence, date of birth, number of children, status of his/her relationship with a partner (dating, in relationship, married, etc), etc.
Registration is free.
The User warrants that the data provided are true and accurate. The User undertakes to immediately inform Us of any changes in the data provided during registering and to proceed himself/herself to make the appropriate changes on the Site.
The use of the Users’ personal data is governed by article 8 of the GCU.
Upon request by any User, We will provide a new personal and confidential password that the User will then be prompted to personalize.
Any User who does not fulfil the GCU will be prohibited to access and use the Site. We reserves the right to temporarily or permanently suspend the account of any User.
The User acknowledges and agrees to keep confidential the login and password allowing access to his/her account. The login and password are personal and should not be shared or transferred to any person or entity, in any form whatsoever, without the prior written consent of Us.
The User is solely responsible for his/her account and the use he/she makes of it.
Any User may request on the Site to delete his account and all data provided, without the possibility of restoring them by Us. Unless requested otherwise, certain personal data would be rendered anonymous and saved by Us for statistical purposes.
The User may link his account with another User’s account (the “Partner”) to make optimal use of the Services provided by the Site.
In case of deletion of a User’s account, We shall notify the Partner by email about the deletion of the User’s account.
Article 2 – Use of Services
Each User will receive access to the Services available on the Site upon registration.
The Service provides you with the opportunity to take YoFit classes (each, a “Class”) and receiving coaching from trainers solely for your personal use. Classes are available for a variety of skill levels, for a variety of activities, and for varying durations. Not all classes will be available in perpetuity and Classes are subject to change at any time with or without notice and without any liability to you.
YoFit application is designed to entertain Users through activities, without claiming to substitute for professionals such as psychological and medical experts.
We assumes no liability for the way the Users utilize the Services, alone or as a couple. During the use of the Services, We highly recommends each User to obtain the prior approval of his physician. We assumes no liability for any and all acts of all kinds committed by a User while implementing Services.
Article 3 – User-generated content
Users could post, transmit and/or write (“Post”) on his/her account, texts (free text, messages etc.), information and other types of content depending on the opportunities that may be suggested by the Service (“User’s Content”).
Users shall comply with the following rules:
- Not to use the Services for professional, commercial, lucrative (advertising, prospecting, etc.) or not private purposes.
- Not to use the Services for solicitation purposes.
- Not to post any comments or content that may harm or violate the rights of others, or be defamatory, abusive, obscene, offensive, violent, political, racist or xenophobic and, more generally, any remarks or content violating applicable laws and regulations.
As such, We may, at any time and at its sole discretion, monitor, review, edit or remove User’s Content.
The User agrees that We may use the User’s Content, anonymously, in the context of improving its Services, its Site and in any promotional event and/or advertising such as ads or posting messages on social networking, advertising campaign on all media (radio, internet, writing, social networks etc.) and/or non-commercial event.
In case of breach, We may terminate the contract and delete the account of the concerned User.
Article 4 – Relationship between the parties
We, on the one hand, and the Users, on the other hand, are independent parties, each acting in its own name and for its own account.
The GCU does not create any hierarchical relationship, partnership, joint venture, employee/employer or franchisor/franchisee status between Us and the User.
Article 5 – Price and Payments
The products and services available through the Application may be sold on a subscription basis. To access and use these products and services in full, you will be required to subscribe when creating your Account and pay the subscription fees as set out on the Application which may vary depending on the particular products and/or services you have selected, or the length of the subscription you have selected (Subscription Fees).
If we offer any free trial period, the first instalment of the Subscription Fees are due and payable once the free trial period ends. You agree to pay us the Subscription Fees on an ongoing basis, to maintain your subscription. You must pay the Subscription Fees in the amount and currency specified on the Application.
Your subscription will automatically be renewed on the same periodic basis (either monthly, quarterly or yearly), upon receipt of the Subscription Fees, set out on the Application at the time of purchase.
All purchase prices include value added tax (where applicable).
You must pay for your Subscription Fees by one of the methods set out on the Application, which may include the iTunes payment software platform.
Your initial payment of your Subscription Fees will be processed upon receipt of your request to subscribe, or, if we offer any free trial period, once the free trial period ends. Each payment of your Subscription Fees will cover your access to and use of the selected products and services for the period specified on the Application.
You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If any payment is not able to be successfully processed then your subscription may be cancelled.
Our pricing structure or payment methods may be amended from time to time in our sole discretion. After a pricing change, you have the choice to continue using the Application, or to cease to use the Application without penalty. Any change relating to our pricing structure or payment methods is immediately effective upon us publishing the change on the Application, and will apply to any usage of the Application following the change.
Article 5 – Cancellation of Subscription
You may cancel your subscription at any time through the Application. If you cancel your subscription :
- you will not receive a refund of any Subscription Fees which you have paid;
- we will not charge your iTunes account for any further Subscription Fees;
- your access to the selected products and services will cease on the day on which the next Subscription Fee payment would have been received but for the cancellation. [or will access be removed immediately]
Article 6 – Limitation of Liability and Disclaimers
Physical Activity Disclaimer. If you have any medical conditions or are thinking about starting an exercise program or engaging in strenuous or unusual physical activity, you should consult your doctor first. Without limitation of any other terms in this Terms of use, we do not make any representations or warranties that the app is intended to and/or does diagnose, treat, cure, or prevent any allergies or other medical disorders or conditions, and you hereby acknowledge this disclaimer and that we are not engaged in providing you with a medical device, medical advice and/or healthcare services by providing you with access to the app. We are not responsible in any way for any health problems or injuries, including, without limitation, incapacity or death, which may result from or be related to your use of or inability to use the App.
You acknowledge and agree that We (and Cabridens Jerome) have no medical or nutritional experience, certifications or qualifications and cannot suggest which workout programs or nutrition plans will work for specific individuals and their particular fitness level and medical condition.
We strongly advise that you consult with a medical professional before beginning any workout program or nutrition plan outlined in our products and services, as not all workout programs or nutrition plans are suitable for all individuals. The programs and plans outlined in our products have been designed for healthy individuals with a solid baseline of fitness. The programs may not be suited to individuals with particular medical conditions, including without limitation having a disease, illness, disorder, or who are elderly or recovering from illness or disease.
You acknowledge and agree that any work out program or nutritional plan outlined in our products should not be construed as providing any recommendations or advice. You understand and accept that our products and services do not include any supervision or monitoring of your use of the work out program or nutritional plan. You acknowledge and agree that there is the possibility of physical injury when participating in the workout programs outlined in our products and/or services, for which we take no responsibility. To the extent permitted by law, you agree to use our products and services at your own risk, that you are voluntarily using our products and services, and assume all risk of injury to yourself, and agree to release and discharge us from any and all claims or causes of action, known or unknown, arising out of your purchase and use of our products and services.
We reserves the right, at any time, to modify or discontinue the Site and the Services without any liability. We cannot be held responsible for any malfunction of the Site.
We does not provide therapeutic/medical advice and, as such, cannot be held liable for the use of the Services by the User. We invite you to consult a professional for all psychological and/or medical needs.
We cannot be held liable for the accuracy or inaccuracy of information and content provided by Users.
The User accepts, by using the Site, all risks related to the use of the internet, notably the data transmission characteristics, technical errors and risk of piracy. We cannot be held liable for any telephone costs and/or costs for the transmission of Services or any other information uploaded.
We assumes no liability for any damage caused to the hardware of the Users.
Article 7 – Intellectual property rights
All the items and data shown on the Site are protected by French laws and regulations on copyright, publicity and/or trademark. Users shall not, under any circumstances, use, distribute, copy, reproduce, modify, alter or transmit the Site or parts of it without the prior written approval of Us.
No right or license shall be granted for any of these items without the express prior written approval of Us. We reserves the right to pursue any action for infringement of its intellectual property rights.
The User grants Us a licence to use the intellectual property rights attached to the content provided by the User in the context of its use of the Services. These rights are granted for the whole world and for the duration of execution of the GCU between the User and Us. The User agrees not to copy, reproduce, or otherwise use the content relating to other Users.
Article 8 – Personal data
We undertakes to protect the personal data provided by Users at registration or obtained subsequently by any means. Files containing personal data are stored on servers located on European territory and comply with the requirements of the General Data Protection Regulation (GDPR). We does not communicate and does not sell any of its Users’ personal data.
By registering on the site, the User expressly consents to the collect and the process of his personal data for the purpose of using Site functions and services offered by the site.
The personal data collected by Us are intended to personalize the service provided to the user and the related user relationship, to perform anonymous static research based on responses to questions provided by Users, according to their profiles, and this for the purposes of studies and improving the service provided to Users.
The categories of personal data will be stored no longer than is necessary for the purpose they were obtained, including compliance with legal and fiscal obligations.
In accordance with the provisions of Law No. 78-17 dated January 6, 1978 as amended by Law No. 2004-801 dated August 6, 2004, known as the “loi Informatique et Libertés”, and the General Data Protection Regulation (GDPR), subject to proof of identity, any User, regardless of his/her nationality, has a right to access, modify and delete their personal data. Each User is also entitled to request the restriction of processing concerning the data subject as well as the right to data portability.
For the purpose of applying this provision and, in particular, to ensure the confidentiality of the data of its Users, in accordance with the provisions of the General Data Protection Regulation (GDPR), a Data Protection Officer, can be contacted at the following address: dpo@yofitapp.com.
At all events, any User is entitled to file a complaint before the CNIL.
Article 9 – Hyperlinks – Cookies
We may propose to the Users, from its Site, by email or any other means, to connect to other websites, either intendants or sites within the same group of Our Companies. Independent sites are not edited or controlled by Us and do not constitute in any way an endorsement or partnership. We cannot be held liable for their content, products, ads or any other components or services presented on such sites.
As part of the use of the Services, the User could receive notifications on the Site about new features, answers to questions of the Partner and any event related directly or indirectly to the Services. The User can block these notifications by configuring his/her smartphone.
In order to allow easier and faster access to the Site and the Services, we recommend Users to accept cookies. Cookies refer to a text file stored by the web browser on the User’s smartphone access memory and allow the identification of the User, the customization of its use, and the improvement of the use of the Site. The Site may use cookies primarily to 1) allow the Site to remember the actions and User’s settings 2) provide navigation statistics to improve the experience of the User, and 3) allow access to a User’s account and to contents that are not accessible without connection.
The User acknowledges being informed of this practice and authorizes Cabridens Jerome to use it. The User may refuse registration of “cookies” by changing the settings of their device or application, but We cannot guarantee that the website will work as expected, and will not be liable in case of non-functioning of the Site.
Article 10 – Applicable law
All provisions hereof are governed by French law. Any disputes relating to the GCU fall under the jurisdiction of the Commercial Court of Paris (Tribunal de commerce).
Any consumer has the right to require, on a no fee basis, the assistance of a consumer’s mediator for the amicable resolution of a dispute against Cabridens Jerome.
As such, Users are invited to contact Us for a settlement of any conflict.
Finally, it is recalled that mediation is not mandatory, but proposed in order to avoid unnecessary litigation.
Article 10 – Use by minors.
General age limitation. Our Products are not intended for children under 16 years old (or are a parent or guardian with such authority to agree to these Terms and Conditions for the benefit of an individual under 16 years of age).
By using this Site, you agree to the Terms and Conditions of use presented here. If you do not agree to these Terms and Conditions of use, you may not use this Site.
Article 11 – Questions or notice
For any questions or notice, please contact us at: