Purpose

The company MyCoach (hereinafter: «MyCoach») creates, markets, and distributes MyCoach Tracker hardware and software solutions, as well as support and consulting services for the implementation of these services.

The present General Terms of Use apply without restriction or reservation to any order for Services (as defined below) from MyCoach. Their purpose is to define the terms and conditions of supply of the Products and Services for the benefit of the client who has subscribed to them under the conditions defined in the article "Subscription to Products and Services and acceptance of the General Terms of Use" (hereinafter the «Client»).

If the Client has accepted a commercial proposal, this Offer, and these General Terms of Use constitute an inseparable contractual whole. In the event of any contradiction, the provisions of the Offer(s) shall prevail over these General Terms of Use. In the event of contradiction between different Offers, the most recent document shall prevail over the oldest ones.

LThe special conditions or those contained in the commercial proposals prevail over any other General Terms of Use.

Key definitions

In these General Terms of Use, the following terms, used with a first capital letter, shall have the following respective meanings:

Application

The online application MyCoach Tracker published by MyCoach and accessible on the Google Play Store and Apple App Store, for which the documentation relating to its functional and technical characteristics is available upon request.

Client area

The application interface is reserved for Users having an access, via the Client Account, and which allows them to manage their use of the Services.

Confidential information

All information and/or data, in any form and of any nature whatsoever, including in particular, any written or printed documents, any computer files, samples, models and/or knowledge whether or not protected by an intellectual property right, as well as any written or oral information, in particular of a commercial, financial, administrative, legal or technical nature, belonging to or relating to a Party, to which the other Party will have access in the course of providing the Services, for which the Party communicating such information has unequivocally indicated its confidential nature, or, in the case of an oral, visual or written communication, has orally made known its confidential nature at the time of communication.

In particular, Client documents and, more generally, any data, information or documents communicated by the Client to MyCoach for the purposes of the present document are considered as Confidential Information.

Products

Different types of geolocation beacons, also known as « Trackers », which the user can order from the Site or other merchant sites where the Product is offered for sale by placing an order online.

Services

All the services offered by MyCoach as specified in the article «Description of Services».

Site

The website www.mycoachtracker.com is operated by MyCoach.

User

A natural person using the solution SaaS MyCoach Tracker, after having created a Client account. Each Client Account is nominative and personal to the corresponding User.

Information on MyCoach Tracker products

The Products proposed for sale are intended for consumers as natural persons and non-professional buyers in the context of personal and private use.

The choice of Products ordered by the Client is the sole responsibility of the Client; each Product presented on the Site is accompanied by a precise description which the Client must read in full before placing an order.

Although the photographs of the Products on the Website represent the Products sold as faithfully as possible, these photographs have an indicative value and not a contractual value and cannot engage the responsibility of the company MyCoach.

Subscription to the Products and Services and acceptance of the General Terms and Conditions of Sale

Purchase of products

The complete process of purchasing Products on the Site is described in the General Terms and Conditions of Sale (GTS) accessible from the Site.

Opening account

The User is responsible for the creation of his Client Account and the information entered during the registration process, from the Application.

The Client undertakes to ensure that no third party uses his Client Account in his place or on their behalf unless he bears full responsibility for it. The Client expressly acknowledges that any use of the Services with his/her (login) credentials will be deemed to have been made by the corresponding user.

The Client expressly acknowledges and accepts that the User is solely responsible for maintaining the confidentiality of his/her username and password. He/she undertakes to contact MyCoach without delay, by any useful written means and in particular by email, if it appears that his/her User Account has been used without his/her knowledge.

Acceptance of the General Terms of Use

When creating a User Account, the Client accepts these General Terms of Use by means of a checkbox. Access to the Client Area is only possible when the most recent version of these General Terms of Use has been explicitly accepted by the User.

This acceptance can only be full and complete. Any acceptance subject to reservation is considered null and void. The Client who does not agree to be bound by these General Terms of Use cannot order services from MyCoach.

Minimum system requirements

The use of the My Coach Tracker application is only possible if it is used on a smartphone using the IoS or Android operating system and having an efficient 3G/4G or Wi-Fi internet connection, provided that the user has granted the required permissions necessary for its operation.

Furthermore, the used smartphone used must have a Bluetooth Smart (a.k.a LowEnergy) module compatible with the Bluetooth Core Specification 4.2. standard. For an optimum user experience, the support of the Data Length Extension option is highly recommended.

BLUETOOTH PERFORMANCE

To communicate, the MyCoach Tracker Product uses Bluetooth Smart wireless technology. The performance of this technology depends on many environmental factors. An environment loaded with Bluetooth and/or Wi-Fi equipment can greatly degrade communication performance.

Connection to all Bluetooth devices cannot be guaranteed. It is recommended to use certified Bluetooth compliant equipment. It may happen that even in this case, software or hardware configurations of the equipment make the connection to the MyCoach Tracker difficult or impossible, a situation for which MyCoach cannot be held responsible.

Description of Services

List of Services

The MyCoach Tracker Application provides various Services to its user. As an illustration, the following Services are offered, this list being likely to evolve as the development and maintenance cycles of the Application progress:

• Create a user account
• User Authentication
• Association with MyCoach Tracker
• Synchronisation of the data recorded in MyCoach Tracker
• Maintenance of the MyCoach Tracker (firmware update)
• Presentation of the performances calculated on the sessions created
• Session History
• Longitudinal performance monitoring

Availability of Services

MyCoach guarantees, except in cases of force majeure, to maintain access to the Services 24 hours a day, 7 days a week, as well as the level of availability and the conditions of management and resolution of incidents specified below (the "Availability of Service").

The Client who has subscribed to the Application acknowledges and expressly accepts that in view of the complexity of the Internet, the unequal capacities of the various sub-networks, the influx of Users at certain times, and the various bottlenecks over which MyCoach has no control, MyCoach's responsibility will be limited to the operation of its servers, the external limits of which are constituted by the connection points.

MyCoach cannot be held responsible for (i) access speeds to its servers, (ii) slowdowns external to its servers, and (iii) poor transmissions due to a failure or malfunction of these networks.

The Client acknowledges and accepts that the Service Availability does not cover any failure or interruption caused by telecom operators or internet service providers.

Providing the solution

MyCoach Tracker solution is based on an infrastructure consisting of virtual servers, database backup procedures and daily operating services (for the environment). MyCoach endeavours to maintain the availability of this infrastructure in the best possible conditions. 

Maintenance windows may be scheduled, resulting in an interruption of service. The dates of these planned interruptions will be announced to all users in advance.

Incidents Management

The service consists in maintaining the current solution, fixing any bugs and intervening when incidents are reported by users.

Process

Incidents will generate exchanges between the Client and MyCoach in the form of email exchanges via the address support@mycoachtracker.com.

The service includes

• The receipt of requests with acknowledgement of receipt
• The analysis of the request with a proposal for an immediate solution if possible
• In the event that a fix is deemed necessary by the MY COACH support teams:
• Conducting the correction
• Unit and integration test
• Deployment on the production instance

Hosting of Client data

MyCoach undertakes to ensure that the Client's data is hosted on servers located in the European Union and by a professional hosting provider, carrying out its activity in accordance with the practices of the profession and the state of the art.

In this context, MyCoach undertakes to provide the Client with sufficient storage and processing capacity for the operation of the Services, in accordance with the practices of the profession and the state of the art.

MyCoach undertakes to implement all the technical means, in accordance with the state of the art, necessary to ensure the security and access to the Services and Data, and the monitoring of infrastructures, the control of physical and/or intangible access to the said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect the servers from malicious acts.

MyCoach also undertakes to take all necessary precautions, regarding the nature of the data and the risks presented by the automated data processing implemented for the purposes of the Services, to preserve the security of the Data, in particular to prevent it from being altered, damaged or accessed by unauthorised parties.

Regarding, the management of personal data, MyCoach provides full details in its «Privacy Policy».

Financial terms

Regarding the price of products and services, price revision, invoicing and payment terms, see details in the General Terms and Conditions of Sale (GTS).

Evidence agreemente

The Client expressly acknowledges and accepts:

• That the data collected on the Website and the computer equipment of MyCoach are proof of the reality of the operations carried out as part of the present document;

• That these data constitute the main method of proof admitted between the parties, for the calculation of the fees due to MyCoach.

The Client may access these data on the Application.

Obligations and guarantees of the Client

Without prejudice to the other obligations contained herein, the Client undertakes to comply with the following obligations:

• The Client guarantees to MyCoach that all the information provided in the context of the performance of the Services, are not misleading
• The Client undertakes, in its use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order;
• The Client is solely responsible for the use of the Services. In this respect, he/she guarantees against any misuse, non-compliant or illicit use that he/she may make of it, in particular against infringements of the laws and regulations in force;
• The Client is thus exclusively responsible for the implementation of all procedures intended to prevent or remedy the commission of such acts;
• The Client acknowledges and expressly accepts that it is his/her responsibility to take the necessary measures to safeguard the information transferred by the Application by his/her own means. MyCoach declines all responsibility in the event of any loss of information, and the Client may not claim any compensation in this respect;
• The Client is informed and accepts that the implementation of the Services requires him to be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible
• The Client shall refrain from monetise, assign, grant, or transfer all or part of its rights or obligations hereunder to any third party, including where such third party is directly or indirectly related to the Client, in any manner whatsoever
• The Client guarantees MyCoach against any complaints, claims, actions and/or demands that it may suffer because of the Client's breach of any of its obligations under the terms of this agreement. The Client undertakes to pay MyCoach all costs, charges and/or convictions that it may have to bear as a result.

Obligations and responsibilities of MyCoach

Without prejudice to the other obligations set out herein, MyCoach undertakes to comply with the following obligations:

• MyCoach undertakes to provide the Services diligently and in accordance with the rules of the art, and guarantees that the Services are carried out with a level of security and confidentiality that complies with the requirements of the GDPR
• MyCoach undertakes to use the information, data and more generally all the elements that may be transmitted to it as part of the present agreement only for the purposes of their execution. It undertakes not to distribute or share these elements with any third party whatsoever, except for its subcontractors for the sole purpose of carrying out the Services, unless expressly requested or agreed by the Client;
• MyCoach certifies that it holds an insurance policy guaranteeing its professional civil liability. It undertakes to maintain this insurance policy in force for the duration of the present contract;
• MyCoach undertakes to carry out regular checks to verify the operation and accessibility of the Services. In this respect, MyCoach reserves the right to temporarily interrupt access to the Services for maintenance reasons. Similarly, MyCoach cannot be held responsible for any difficulties or temporary impossibility of accessing the Services due to circumstances beyond its control or due to disruptions in the telecommunication networks
• MyCoach cannot be held responsible for delays attributable to the late or defective communication by the Client of all information and data necessary for the implementation of the Services and, more generally, for all facts attributable to the Client, as well as for defects that are not directly and exclusively attributable to MyCoach
• ● In any event, MyCoach shall not be liable to the Client for the payment of damages of any nature whatsoever, whether direct, material, commercial, financial, or moral, due to the execution of the present contract, for an amount greater than the amounts invoiced by MyCoach in this context which have led to its liability, during the twelve (12) months preceding the occurrence of the alleged damage. MyCoach may only be held liable if the Client has made a claim by registered letter with acknowledgement of receipt within one month of the said occurrence to the following address:

MyCoach

Service Client MyCoach Tracker

Stade Allianz Riviera

Boulevard des jardiniers CS81030

06205 – Nice cedex 3

France

Copyright ©

The www.mycoachtracker.com website respects copyright. All rights of the authors of the protected works reproduced and communicated on this site are reserved. Unless authorised, any use of the works other than for individual and private reproduction and consultation is prohibited.

Reproduction on paper

Except for the iconography, the reproduction of the pages of this site on paper is authorised, subject to the following three conditions:

• Free broadcasting
• Respect for the integrity of the documents reproduced
• Explicit citation of the www.mycoachtracker.com website as a source and mention that reproduction rights are reserved and strictly limited.

Reproduction on electronic media

The reproduction of all or part of this site on an electronic medium is authorised subject to the addition of a clear and legible reference to the source (www.mycoachtracker.com) and "Rights reserved" mentioned. The information used must be for personal, associative, or professional purposes only; any use for commercial or advertising purposes is excluded.

CLinks to  www.mycoachtracker.com

 www.mycoachtracker.com authorises the implementation of a hypertext link to its content, subject to:

• Not to use the deep linking technique, i.e., the pages of the www.mycoachtracker.com site must not be nested within the pages of another site, but accessible by opening a window;
• Mention the source which will point to the content in question via a hypertext link; Any use for commercial or advertising purposes without prior agreement is prohibited. Please note! This authorization does not apply to websites that disseminate information of a controversial, pornographic, or xenophobic nature or that may, to a greater extent, offend the sensibilities of the majority of people.;

Penalties for non-compliance

In the event of a breach of any of the provisions of these General Terms of Use, or more generally, a breach of laws and regulations by the Client, MyCoach reserves the right to:

• Suspend, remove, or prevent access to the Services of the Client, who is the author of the breach or infringement, or who has participated in it
• Take all appropriate measures and initiate any legal action
• Notify the competent authorities where necessary, to cooperate with them and to provide them with all information relevant to the investigation and prosecution of illegal or unlawful activities.

In the event that the Client fails to comply with an essential obligation arising from these General Terms of Use, MyCoach reserves the right to restrict access to all or part of the Services, thirty (30) days after receipt by the Client, of a formal notice that has remained without effect, sent by registered letter with acknowledgement of receipt, mentioning the intention to apply the present clause, without prejudice to any damages that may be claimed from the User. It shall automatically lead to the deletion of the Client Account, without prejudice to any other consequences that may arise in application of the present General Terms of Use.

Intellectual property of MyCoach

These General Terms of Use do not confer on the Client any intellectual property rights of any kind whatsoever on the Website and the Application, and more generally, on the systems, software, structures, infrastructures, databases, and content of any kind (templates, texts, images, visuals, music, logos, brands, database, etc ...) operated by MyCoach in the context of the provision of the Services.

The Client is only granted a licence to use these elements, for the sole purpose of using the Services

All disassembling, decompiling, decrypting, extracting, reusing, copying and more generally, all acts of reproduction, representation, distribution dissemination and use of any of these elements, in whole or in part, without the prior written consent of MyCoach are strictly prohibited and may be subject to legal proceedings.

Confidentiality

MyCoach and the Client agree upon non-disclosure of the confidential information, which:

• Can be disclosed internally only to those members of its staff who have a need to know and to its auditors, consultants or external service providers who are bound by the same obligations of confidentiality as set out in this agreement, and be used by them the latter only for the purpose defined in the preamble to this agreement;
• Are not used, in whole or in part, for any purpose other than that defined in this Agreement, without the prior written consent of the disclosing Party;
• Are not disclosed or likely to be disclosed, either directly or indirectly, to any third party or to any person other than those mentioned in paragraph (ii) above
• Are not copied, reproduced, or duplicated in whole or in part when such copies, reproductions or duplications are not for its own needs or have not been authorized by the disclosing Party and this, expressly and in writing.

This obligation does not extend to documents and information:

• Of which the receiving party was already aware;
• Already public at the time of their communication or which would become public without violation of this agreement;
• Which would have been lawfully received from a third party;
• Which may be required to be disclosed by the judicial authorities, in application of laws and regulations or to establish the rights of a party hereunder.

It is expressly agreed between MyCoach and the Client that the Confidential Information shall remain the property of the party who disclosed it and that its disclosure hereunder shall in no way be construed as conferring any right whatsoever, intellectual property rights, on the party receiving it.

Personal data protection

For MyCoach, the protection of personal data is of crucial importance. Therefore, all the processing operations executed by MyCoach are carried out in compliance with the General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the "GDPR") which came into force on 25 May 2018.

MyCoach therefore implements all the organisational and technical measures to ensure this compliance over time. Therefore, specific discussions are offered to the Client on this issue when the Application is available. Details on this part can be found in the «Privacy Policy».

Acceptance of the General Terms of Use also implies acceptance of the "Privacy Policy". If you have any questions about MyCoach's Privacy Policy, the data we hold about you, or if you wish to exercise any of your rights regarding your personal data, please do not hesitate to contact our Data Protection Officer:

By e-mail to: DPO@mycoachsport.com

Or by post to the address: MyCoach Sport – À l’attention du Délégué à la Protection des Données. Stade Allianz Riviera - Boulevard des Jardiniers CS81030 - 06205 Nice Cedex 3, France.

Force majeure

In accordance with the provisions of the French Code of Obligations, neither the Client nor MyCoach may be held liable for a failure to perform their contractual obligations if this failure is due to an event, beyond their control and constituting force majeure.

Force majeure shall be understood to mean the occurrence of an event with the characteristics of unpredictability, irresistibility and externality to the Parties usually recognized by French law and the courts. These include strikes, terrorist activities, riots, insurrections, wars, government actions, natural disasters, or failure by a third-party telecommunications provider.

The party prevented from doing so must inform the other party as soon as possible, indicating the nature of the case of force majeure. MyCoach and the Client shall meet to determine together the most appropriate means of mitigating, if possible, the consequences of the event(s) constituting force majeure.

If the case of force majeure lasts for more than one (1) month, either party may terminate the Services, by operation of law, without judicial formality, without notice and without the right to compensation of any kind whatsoever, by sending a registered letter with acknowledgement of receipt immediate effect.

If, as a result of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it shall remain responsible for the performance of those obligations which are not affected by the case of force majeure and, where applicable, for its payment obligations.

Upon cessation of the force majeure event, the prevented party must immediately inform the other Party and resume performance of the affected obligations within a reasonable time.

The termination of the Services, for any reason whatsoever, will automatically and by right lead to the closure of the Client Area and User Accounts. The Client must cease without delay all use of the Services.

The termination of the Services shall not affect the provisions hereof which are intended to continue beyond that date, in particular:

• The Archiving Service will continue to be provided until the end of the Archiving Term;
• The Client may at any time request MyCoach to access its archived Client Documents;
• MyCoach will forward the request to the Third-Party Archiver, who will contact the Client directly;
• At the Client's request, MyCoach may return all this data, in a standard readable format without difficulty in an equivalent environment;
• The Client undertakes to actively collaborate with MyCoach to facilitate the recovery of data and information.

It is expressly agreed between the Parties that MyCoach shall be released from its obligation to proceed with the reversibility of the said data as long as the Customer has not paid all the invoices issued by MyCoach for the provision of the Services.

MyCoach undertakes to respond to any requests for assistance from the Client within three (3) months of the termination of the Services. MyCoach will anonymize the personal data as soon as the Client's account is closed following the Client's explicit request to stop using the Services.

The Client can also assert his or her rights regarding his or her personal data. Details about this are described in the privacy policy.

Applicable law and jurisdiction

The present General Terms of Use are subject to French law. They shall be governed by and interpreted in accordance with this law.

Any dispute that may arise on the occasion of their validity, interpretation or execution shall be subject to the exclusive jurisdiction of the French courts, except in the case of an imperative rule of procedure to the contrary.