FitAndView+ Application Terms of Use and Privacy Policy

IMPORTANT - NOTICE TO USER: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

Please read these terms and conditions of access and use carefully. They define the conditions and restrictions of use that you accept by downloading, accessing and using the FitAndView+ application and its associated services, including limitations of warranty and liability. You acknowledge that these Terms and Conditions have the same force and effect as any other written agreement and that you agree to be bound by them. Otherwise, you are not authorized to download and use the FitAndView+ application. The General Terms and Conditions can be consulted at any time on the FitAndView+ application.

DISCLAIMER OF LIABILITY :

The FitAndView+ application proposes training programs to the user, without any medical advice. These workouts may not be recommended for certain people, depending on their state of health (particularly those who are not in good physical condition or who have health problems, pregnant or breast-feeding women, etc.). Before using the services, you must consult a doctor or healthcare professional.

Therefore, before using the FitAndView+ application, you declare that :
You are in good health and capable of strenuous exercise.
You have consulted a physician who has confirmed that you can perform the exercises available on the FitAndView+ application.
The information you provide on the application is accurate.
You do not suffer from heart disease, joint disease, hypertension, obesity, high cholesterol, arthritis, diabetes or a family history of such conditions.
You won't feel pain, dizziness or loss of consciousness when you take part in physical activities.
You have not been advised by a physician not to engage in physical activity.
You have no reason to believe, for any reason whatsoever, that you should not perform the exercises proposed by the application.
If you have a problem or feel unwell during exercise, stop immediately and call the emergency services or a doctor.

The subscriber is informed and acknowledges that the services concern digital content not supplied on a physical medium, the execution of which begins at the time of subscription, with the subscriber's express prior consent. Consequently, by using the services, the subscriber acknowledges that he expressly waives his right of withdrawal. The user is informed that the FITANDVIEW+ servers are located in Europe and expressly consents to the transfer of his/her personal data to these servers.

Article 1 - DÉFINITIONS

The terms used in these terms and conditions, whether singular or plural, shall have the following meanings:

Subscriber: a user who has taken out a subscription.
Subscription: adherence by the subscriber to a subscription offer proposed on the FitAndView+ application, allowing access to additional functionalities.
FitAndView+: application published by FITANDVIEW+, subject to these terms and conditions, including any subsequent updates.
User account: account created by the user on the FitAndView+ application, accessible with an email address and/or username and password, allowing access to and use of the services.
General conditions or contract: these general conditions apply to access and use of the application and its functionalities.
Services: services offered on the FitAndView+ application as described in article 4 and on the FitAndView+ application.
Store: the mobile application download platform used to download the FitAndView+ application corresponding to the operating system used on the user's device.

Device: any smartphone or tablet connected to the Internet and equipped with an operating system compatible with the FitAndView+ application, as indicated on the Store, owned or controlled exclusively by the user, on which the FitAndView+ application is installed and used.
FITANDVIEW+ Company: publisher of the FitAndView+ application, whose contact details are provided at the end of these terms and conditions.
User: natural person who has downloaded and uses the FitAndView+ application on his or her device for personal use, who agrees to comply with the general terms and conditions and declares :
He/she is of legal age and capable of entering into a contract or, failing this, a person aged 16 or over who enters into a contract through and with the agreement of his/her legal representative (parent or guardian). The user or, if a minor, his/her legal representative accepts the general terms and conditions and all the obligations, guarantees and responsibilities they imply.
Not to be located in a country subject to a U.S. government embargo, designated as supporting terrorism, or on a U.S. government restricted or prohibited persons list, in particular the U.S. Treasury Department's “Specially Designated Nationals” list, the U.S. Commerce Department's “Denied Persons” list, or the “Entity List.”
Otherwise, the user is not authorized to use the FitAndView+ application.

Article 2 - PURPOSE

The general terms and conditions define the conditions under which the user has the right to use the FitAndView+ application, as well as the responsibilities of FITANDVIEW+ and the user. By clicking on the pop-up window provided for this purpose, the user unreservedly accepts the terms and conditions and acknowledges that they take precedence over any other document concerning the FitAndView+ application.
FITANDVIEW+ may at any time modify, suspend or discontinue the FitAndView+ application or services, modify subscriptions, their prices or the general terms and conditions. These actions will not affect the previously downloaded FitAndView+ application or subscriptions already taken out by the user. Acceptance of the new terms and conditions and continued use of the FitAndView+ application after the changes come into effect constitutes acceptance of the new terms and conditions.
The contract is concluded between FITANDVIEW+ and the user, to the exclusion of the Store operator, who is not responsible for the FitAndView+ application and its content. The user also agrees to comply with all obligations associated with downloading the FitAndView+ application from the Store. The user acknowledges that the operator of the Store and its affiliates are beneficiaries of this contract and may enforce it against the user if necessary.

Article 3 - ACCESS TO THE APPLICATION AND REGISTRATION

3.1. Access to the FitAndView+ application: the functionalities of the FitAndView+ application are accessible after downloading from the Store or the web and creating a user account. Some features are only available to subscribers. The user must have a system (hardware and software) compatible with the FitAndView+ application and Internet access, which are at his/her own expense and responsibility. Use of the FitAndView+ application may require periodic updates.

3.2 User account creation: the user account allows the user to manage his/her profile and access services. The user must create a user account on the FitAndView+ application using his/her email address and password or via his/her Facebook or Google account. By choosing to register via Facebook or Google, the user agrees that FitAndView+ may access and collect his/her email address associated with these accounts to finalize his/her registration and manage his/her account. The user acknowledges that his/her login and password are strictly personal and confidential. They may not be shared or communicated to third parties. The user is solely responsible for the use of his/her user account, as well as for all actions and declarations made via his/her user account. Under no circumstances can FITANDVIEW+ be held responsible for the usurpation of a user's identity, as it does not have the technical means to systematically verify the identity of individuals.

3.3 By clicking to start the apple video fitness session, you agree to be filmed intermittently live via the automatic activation of your smartphone's selfie camera only during the sessions for which you have registered via the application, to be broadcast only on the smartphones of the members of your group during these sessions. If connected with their Facebook account, the FitAndView+ application can directly import the user's Facebook profile data (including information such as email address, first name, last name, age, etc.), which the user declares they accept. Users can manage their privacy settings on the Facebook site.

In the event of loss or fraudulent use of the user's login and password, the user must immediately inform FITANDVIEW+ and provide proof of identity by any useful means. In the event of a lost or forgotten password, the user may request to receive a password reset email at the address provided to FITANDVIEW+ when the user account was created.

Article 4 - SERVICES

The FitAndView+ application offers the following services:
Sports advice and training programs.
Access to exercises and workouts.
Synchronization with the user's connected devices.
Some services are only available to subscribers. The subscription offer, duration and rates are specified on the FitAndView+ application and may be modified at any time. Subscriptions are automatically renewable for successive periods of the same duration, unless terminated by the user.

Article 5 - USER'S OBLIGATIONS AND RESPONSIBILITIES

The user undertakes to use the FitAndView+ application in accordance with the general terms and conditions and the laws and regulations in force. In particular, the user agrees not to:
Assume the identity or impersonate any third party.
Use software or processes designed to disrupt services.
Interfere with the operation of the FitAndView+ application.
Infringe the intellectual property rights of FITANDVIEW+.
Distribute illegal, defamatory, hateful, discriminatory, obscene or violent content.
Exploit or use the services for commercial or advertising purposes.
Undermine the security, integrity or availability of FITANDVIEW+'s information systems.
Download or install the FitAndView+ application from an unauthorized source.

The user is responsible for the use of his/her user account. FITANDVIEW+ may suspend or delete a user account in the event of non-compliance with the terms and conditions, after informing the user by any appropriate means.

Article 6 - SUSPENSION, LIMITATION AND TERMINATION

FITANDVIEW+ reserves the right to suspend or limit access to the services, temporarily or permanently, in the event of a breach by the user of the general terms and conditions or of the laws and regulations in force. FITANDVIEW+ may also terminate the user's account in the event of a serious breach of the general terms and conditions, after informing the user by any appropriate means. Termination will take effect immediately and will result in the deletion of the user account. Current subscriptions will not be refunded in the event of termination for breach of the terms and conditions.

Article 7 - LIABILITY

FITANDVIEW+ declines all responsibility for the use of the FitAndView+ application by the user and for the consequences of such use. The user acknowledges that use of the FitAndView+ application is at the user's own risk. FITANDVIEW+ does not warrant that the FitAndView+ application will be error-free or uninterrupted and shall not be liable for any direct or indirect damages resulting from the use or inability to use the FitAndView+ application.

Article 8 - INTELLECTUAL PROPERTY

FITANDVIEW+ holds all exclusive intellectual property rights relating to the FitAndView+ application and the content available on the application. The user agrees to respect the intellectual property rights of FITANDVIEW+ and shall not reproduce, represent, modify, adapt, translate, distribute, publish or disseminate, in any manner whatsoever, all or part of the FitAndView+ application without the prior written consent of FITANDVIEW+. The user acknowledges that any infringement of FITANDVIEW+'s intellectual property rights may result in legal action.

Article 9 - PERSONAL DATA

FITANDVIEW+ is committed to complying with current legislation on the protection of personal data. Personal data collected in connection with the use of the FitAndView+ application are processed in accordance with the FITANDVIEW+ privacy policy, available on the FitAndView+ application. Users have the right to access, rectify, delete and port their personal data, as well as the right to object to and limit the processing of their personal data. To exercise these rights, the user may contact FITANDVIEW+ at the address indicated in the privacy policy.

Article 10 - APPLICABLE LAW AND JURISDICTION

These terms and conditions are governed by French law. In the event of a dispute concerning the interpretation or execution of the general terms and conditions, the parties shall seek an amicable solution. In the absence of an amicable solution, the dispute will be submitted to the exclusive jurisdiction of the French courts.

Article 11 – CONTACT

For any questions or requests for information concerning the FitAndView+ application or the general terms and conditions, the user may contact FITANDVIEW+ at the following address: admin@fitandviewapp.com.

Article 12 - MISCELLANEOUS