TERMS OF USE

Identification

The “frequence-running.com” site and the “FREQUENCE Running” application are published by FREQUENCE Running SAS.
Simplified joint stock company with share capital of 2,236.80 euros.
Headquarters: 114 rue des dames - 75017 Paris.
Registered under number 82009956200010 RCS Paris
VAT number FR 10820099562
Email : contact@frequence-running.com
The “frequence-running.com” site is hosted by 1 & 1 - France
The “FREQUENCE Running” application is hosted by Amazon Web Services, Inc.

Terms of use - « frequence-running.com » website and « FREQUENCE Running » mobile app.

last updated date: November 3, 2020

Summary

Article 1 : Subject
Article 2 : General definitions
Article 3 : Access to the service
Article 4 : Intellectual property
Article 5 : Acceptance of the Terms of use and use of data
Article 6 : Profile data - Definition
Article 7 : Training data - Definition
Article 8 : Smartchrono and geolocation data
Article 9 : "My friends" feature : definition and confidentiality
Article 10 : Storage and use of data
Article 11 : Access to data, deletion of account and data
Article 12 : Non disclosure to third parties
Article 13 : Statistical tools and third-party plotters
Article 14 : Guarantee and limitation of liability
Article 15 : Contributions by the user
Article 16 : Instructions and medical liability of the user
Article 17 : Hypertext links
Article 18 : Evolution of the General conditions of use
Article 19 : Duration
Article 20 : Image rights
Article 21 : Applicable law and competent jurisdiction

Article 1 : Object

1.1 All words or expressions beginning with a capital letter are used with the meaning defined in the general conditions of use.

1.2 The purpose of these “general conditions of use” is to provide a legal framework for the terms and conditions of provision of the services of the “FREQUENCE Running” Platform and their use by the “user”.

1.3 The general conditions of use must be accepted by any user wishing to access the site. They constitute the contract between the “FREQUENCE Running” Platform and the user. Access to the site by the user signifies acceptance of these general conditions of use.

1.4 In case of non-acceptance of the general conditions of use, the user must renounce access to the services offered by the Platform.

1.5 FREQUENCE Running reserves the right to unilaterally modify the content of these general conditions of use at any time.

Article 2 : General definitions

All words or expressions beginning with a capital letter are used with the meaning defined in the general conditions of use.

« Application » : refers to the “FREQUENCE Running” mobile application operated by our company..
« User » : this term designates any person who uses the Platform or one of the services offered by the Platform. The user is an individual. Companies or associations should contact us beforehand in order to provide them with a suitable service.
« Account » : refers to the user's personal account created on the Platform and allowing the user to access the various services.
« Member » : refers to any user who has registered and opened an Account on the Platform to access the services offered.
« Platform » : this term includes the Site and the “FREQUENCE Running” mobile application.
« Website » : designates the website accessible at the url address "frequence-running.com".
« Username et password » : this is all the information necessary to identify a user on the site. The username and password allow the user to access services reserved for members of the site. The Password is confidential.

Article 3 : Access to the service

3.1 The Platform allows the user free access to the following services:
-Fitness plan for the practice of running
-Personalized training plan for road races from 5k to marathon race (42 km), and trail running races up to 80kr> -News and Advice on sports nutrition, running and its practice.
-Search for official races around the world

3.2 The “FREQUENCE Running” mobile application may contain links to websites of advertisers and our partners, in order to offer services or paid services to the user. It is up to the user to carry out, before continuing a transaction with a third party, any necessary verification whether a payment will be due and the terms of this transaction. In any case, the company "FREQUENCE Running" can not be associated with the services provided by the various third parties.

3.3 The Platform is accessible free of charge anywhere to any user with Internet access. All costs incurred by the user to access the service (hardware, software, Internet connection, etc.) are at his expense.

3.4 The non-Member user does not have access to the services reserved for Members. To do this, he must identify himself using his Username and Password

3.5 Our company reserves the right to modify the list of these services at any time.

3.6 The site implements all the means at its disposal to ensure quality access to its services. The obligation being of means, the site does not undertake to achieve this result. Any event due to externant cause resulting in malfunction of the network or the server does not engage the responsibility of FREQUENCE Running SAS. Access to the services of the Site and the Mobile Application may at any time be subject to interruption, suspension, modification without notice for maintenance or for any other case. The user undertakes not to claim any compensation following the interruption, suspension or modification of the general conditions of use

Article 4 : Intellectual property

4.1 The brands, logos, signs and any other content on the Platform are protected by the Intellectual Property Code and more particularly by copyright.

4.2 The user undertakes not to reproduce, publish or copy the various contents published by “FREQUENCE RUNNING” without having obtained his prior authorization. In the event of a failure to respond within 15 days, the request must be considered refused.

4.3 The user undertakes to use the content of the Platform in a strictly private context. Any total or partial reproduction contained in the Platform for commercial purposes is strictly prohibited.

4.4 Any content posted by the user is their sole responsibility. The user undertakes not to upload any content that could harm the interests of third parties. Any legal action initiated by an injured third party against the Platform will be borne by the user.

4.5 User content may be at any time and for any reason deleted or modified by the Platform. The user does not receive any justification or notification prior to the deletion or modification of user content.

Article 5 : Acceptance of the Termes of use, and use of data

The user is informed by these General Conditions of Use that the personal data defined below, and collected as part of the service described in "article 1" are necessary for the use of the service. support for the runner offered by FREQUENCE running, unless explicitly stated otherwise.

Article 6 : Profile data - Definition

The data relating to the user profile are those entered when registering for the platform: gender, email address, first name, age, height, weight, time references, possession of an FFA or FFTRI license, jogging pace, days of training, and training grounds chosen among the 4 offered.

They are strictly necessary and mandatory for the creation of the User Account and for the operation of the runner's support service offered by FREQUENCE running. In particular, the email address may be used by the Platform for the administration, management and animation of the service.

Article 7 : Training data - Definition

The race objectives (date, place, time) entered by the user are also associated with the personal profile. They are mandatory for the generation of a personalized training plan

The training data are taken from each training session, before and after the performance of the session: the date, title of the session, the mileage, the duration, any durations and speeds during the training intervals, the percentage of completion of the session, sensations, weather entered. They are mandatory and essential for the proper use of the service.

Article 8 : Smartchrono and geolocation data

8.1 Definition

The smartchrono is the stopwatch and GPS tracker for the FREQUENCE running application.

After the user's authorization, on iPhone or Android phone, the smartchrono uses the geolocation data provided by the phone and after explicit authorization.

This functionality of the FREQUENCY running application allows the creation of courses, which describe the waypoints and provide the tracks, speeds and training times. This information is immediately reproduced vocally and visually via the smartchrono.

8.2 Use of background location

The FREQUENCE running application collects and processes geolocation data in the background when the user uses smartchrono ONLY (live tracking). A specific authorization is required.

When the user is not using the smartchrono, the application does not track the location of the device, even in the background. The background location allows the tracking of the speed of movement in an optimal way and the storage of the route positions.

Localization in the background allows the user not to necessarily leave his application in the foreground while following precisely the progress of his training via vocal information: pace on the last kilometer ran, start of an active interval workout, end of an interval, recovery area, start of cool down.

If the user wishes to stop tracking the location of his device during his session, he can at any time change the location settings on the device or stop the stopwatch on the application.

8.3 Storing routes information

The routes are stored in the form of GPX traces on the FREQUENCE running application platform and associated with the training sessions

The user can consult and delete them from the application via the history of his workouts. Their deletion is irrevocable.

8.4 Use of geolocation to promote features

After a session, FREQUENCE running may use the geographical position (GPS coordinates) of a starting point of a historical route. This can be used for different cases:

Under no circumstances may this starting point data be shared or disclosed to a third party service, to an event organizer, except with your explicit consent.

Article 9 : Community features, definition and confidentiality

9.1 Definition

A relation is a physical person, user of the FREQUENCE running application, with whom a user can get in touch and share information on training and its objectives.

The community space is the section of the application where this information shared between relationships is displayed.

The FREQUENCE running application allows you to share part of your training data with your contacts. These data are the summary of the training sessions of the past week, the schedule for the coming week, the current goal.

Tracks, photos associated by the user with training sessions can also be shared with these relationships.

The use of community space is not compulsory for the proper functioning of the service.

9.2 Adding a new relation

Connection to your facebook account allows you to add a relationship, having a FREQUENCE running account created from your facebook account. When using the facebook connection, you accept the terms of use of the facebook application.

Inviting via message also allows you to add a relationship.

9.3 Confidentiality

Article 10 : Storage and use of data

Information concerning your profile, your training and route data is stored on the FREQUENCE running application platform, hosted on the Amazon Web Services cloud, in the local “Europe” region, respecting data confidentiality.

This storage is essential in order to estimate a user's performance level and indicate the correct running speeds during the next training sessions. They are returned to the user in the training plan and in the training history.

Article 11 : Access to data, deletion of account and data

11.1 The site provides the user with the collection and processing of personal information with respect for privacy in accordance with Law No. 78-17 of January 6, 1978 relating to data, files and freedoms. The Platform is declared to the CNIL under number 1985850 v 0.

11.2 Under Articles 39 and 40 of the Law of January 6, 1978, the user has the right to access, rectify, delete and oppose his personal data. The user exercises this right via his personal space which is named in the “My Profile” mobile application, by email to this address contact@frequence-running.com or by post to 114 rue des Dames, 75017 PARIS, France.

11.3 In accordance with article 7 of our privacy policy, in the event of inactivity on your account for more than 36 months, your data is automatically deleted from the FREQUENCE running application platform. You can also delete your account at any time. All your training data will also be deleted. Their deletion is irrevocable.

Article 12 : Non disclosure to third parties

Information related to your profile, your training sessions and your courses (see definition above) are not communicated or shared with third parties, , except as necessary as defined in article 5 of our privacy policy.

Article 13 : Statistical tools and third-party plotters

13.1 Usage statistics

FREQUENCE running uses external tools to collect application usage data. The data is anonymous and concerns the measurement of the use of the application and its functionalities. These tools are likely to store an anonymous “tracker” or “cookie” in the space of the phone reserved for the application, allowing anonymous storage of your behavior in the application.

By using the FREQUENCE running application, you agree to the use, storage and processing of this data for statistical purposes.

13.2 Training statistics

FREQUENCE running anonymously uses training data to track training and session performance. These data are extracted from the application platform, anonymized and processed for statistical purposes.

Article 14 : Guarantee and limitation of liability

14.1 The sources of the information disseminated on the Platform are deemed reliable. However, the Platform reserves the right to not guarantee the accuracy of the sources. All information given on the Platform is for informational purposes only. Thus, the user alone assumes full responsibility for the use of the information and content of this Site and of the Mobile Application.

14.2 The user makes sure to keep his password secret. Any disclosure of the password, whatever its form, is strictly prohibited.

14.3 The user assumes the risks associated with the use of his Username and Password. The Platform declines all responsibility.

14.4 Any use of the service by the user directly or indirectly resulting in damage must be compensated for in favor of FREQUENCE Running SAS.

14.5 An optimum guarantee of the security and confidentiality of the data transmitted is not guaranteed by the Platform. However, the site undertakes to implement all necessary means to best guarantee the security and confidentiality of data.

14.6 The Platform cannot be held liable in the event of force majeure or the unforeseeable and insurmountable fact of a third party.

14.7 The Platform is accessible 24 hours a day, except in the event of a technical problem or an event beyond the control of our company. Our Platform may be subject to maintenance and updates in order to manage the proper functioning of the Site and the Mobile Application without the user being notified.

Article 15 : Contributions by the user

15.1 The user can publish if he wishes, publications in many forms which includes photos, images, texts, files, hypertext links. Each publication can be relayed on social networks and the user must take into account that he is solely responsible for the contributions he publishes. In the case of a public contribution, the Member is fully aware and informed that his publication may be referenced on the various search engines (google, yahoo, etc.) and therefore viewable by any Internet user.

15.2 The Member is solely responsible for the contributions he publishes on the Platform and must comply with the laws and regulations in force, in particular not to directly or indirectly reveal comments that may offend the sensitivity of minors, infringe the privacy of third parties, contain words or images of initiators, present images of a pornographic or pedophile nature, defamatory, offensive or detrimental to the image or reputation of a natural or legal person or of a brand. It is strictly forbidden to publish comments that incite hatred, violence, suicide, racism, anti-Semitism, xenophobia and homophobia. The Member may neither prospect nor communicate commercial information.

15.3 The site exercises a posteriori moderation on publications and reserves the right to refuse their posting, without having to justify it to the member.

15.4 The member remains the owner of all of his intellectual property rights. But by publishing a publication on the Platform, it cedes to the publisher the non-exclusive and free right to represent, reproduce, adapt, modify, distribute and distribute its publication, directly or by an authorized third party, worldwide, on any medium (digital or physical), for the duration of the intellectual property. The Member notably assigns the right to use its publication on the internet and on mobile telephone networks..

Article 16 : Instructions and medical responsibility of the user

16.1 The “FREQUENCE Running” Platform is not a Site and a medical mobile Application, that the advice that can be given is general advice and that if the user thinks that with regard to his health or pathology these do not are not suitable, the user is advised to consult a doctor.

16.2 To use the “FREQUENCE Running” mobile application, the user must be over 16 years of age and be in good health.

16.3 The user must accept these General Conditions of Use without restriction. By opening an Account, the user expressly and unreservedly accepts to respect the General Conditions of Use of the “FREQUENCE Running” Platform.

16.4 Before starting a personalized training plan and for the good practice of the use of the Platform, the user must imperatively consult a doctor who assures him of practicing a sporting activity without risks. Our company strongly recommends that anyone with health problems such as overweight and cardiovascular disease consult a cardiologist or sports doctor.

16.5 An injury or an accident may occur during or after the practice of a run by the user of the Platform. Our company "FREQUENCE Running SAS" can in no way be held responsible for the various causes of injury or accident (even fatal) of the user./p>

Article 17 : Hypertext links

Many outgoing hypertext links are present on the Platform, however the web pages to which these links lead do not in any way engage the responsibility of our company "FREQUENCE Running SAS" which does not have control of the services offered behind these links. The user is therefore prohibited from engaging the Platform's responsibility for the content and resources relating to these outgoing hypertext links.

Article 18 : Evolution of the general conditions of use

The Platform reserves the right at any time to modify the clauses stipulated in the general conditions of use, and undertakes to inform the user thereof within a reasonable time.

Article 19 : Duration

The duration of these General Conditions of Use is indefinite. The general conditions of use produce their effects with regard to the user for the duration of the use of the service.

Article 20 : Image rights

Our company "FREQUENCE Running SAS" organizes many events where users can participate and be photographed. The user authorizes the company "FREQUENCE Running SAS" to use and distribute, free of charge and not exclusively, photographs in which he is represented. The photographs are likely to be reproduced on the following media:
-Publication in a magazine, book or newspaper named
-Publication for an advertisement
-Presentation to the public during the exhibition
-Dissemination on social networks (facebook, instagram, twitter ... ) and the website entitled "www.frequence-running.com"

Article 21 : Applicable law and competent jurisdiction

These General Conditions of Use are subject to French law. Any dispute resulting from the use of the Platform will be subject to the exclusive jurisdiction of the French courts. In the absence of an amicable resolution of a dispute between the parties, only the courts within the jurisdiction of the Court of Appeal of the city of Paris are competent.