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Conditions générales de vente

ARTICLE 1: Purpose

These special conditions cover the provision of all Fit'Distance software (web-app in SaaS mode). By using the solution and applications offered by Fit'Distance, the Client automatically accepts the terms of these conditions.

ARTICLE 2: Definitions

  • Subscriber refers to any customer who has subscribed to a subscription to access the application provided by Fit'Distance.
  • Subscription refers to the service provided by Fit'Distance which includes a right of access to the application content chosen by the subscriber in exchange for payment.
  • Application designates the web application, and, when available, the mobile application developed by Fit'Distance, on which subscribers can access all the content provided by the company.
  • Client means a natural or legal person using the application.
  • Company means the company Fit'Distance.

ARTICLE 3: Order and Delivery of Subscriptions

Once the order is received by Fit'Distance, the date on which the instructions are provided by the Client will be considered as the delivery date of the requested service.

The assignment of permissions (relating to their subscription) to the Subscriber must be completed. The Company is entirely responsible for assigning permissions to users in the provided applications.

ARTICLE 4: Financial Conditions

In exchange for access to Fit'Distance software, associated with support and maintenance services, users with the coach role must pay a fee, also called Subscription.

The billing method of the Subscription is adapted to the period of service subscribed. Subscriptions are billed in advance. If the customer has not paid the Subscription cost on the scheduled date, Fit'Distance may choose to suspend or terminate the contract obligations.

ARTICLE 5: Duration of Commitment, Subscription, Renewal and Trial Period, Termination

The commitment of the Subscription for Fit'Distance is determined for a specified duration, and any period started will be billed in full. The renewal of the contract will be automatic, by default, unless the customer decides to terminate it in accordance with the terms of the contract. Thereafter, the Subscriber will have access to the application until the end date of their subscription. The Client, during this period, will have the opportunity to resume their subscription, which will cancel their termination.

Upon renewal, the commitment duration will be extended for a period equivalent to the one chosen by the client for billing. If the cost of Fit'Distance has been modified before its automatic renewal, no price modification will be imposed.

Subscribing to Fit'Distance via the website implies unconditional acceptance of the general terms of use. The client must have the necessary capacity to subscribe to the subscriptions offered by Fit'Distance. These Terms and Conditions may be modified in the future, and the applicable version at the time of subscription will be the one in effect on the website at the time of placing the order.

Under consumer law, the Company is required to inform the Subscriber, in writing, no earlier than three months and no later than one month before the end of the subscription, that they can choose not to renew it. This clear and understandable information will include the deadline for non-renewal in a visible box.

However, due to the duration offered for subscriptions, this obligation does not apply to subscriptions concluded for a one-month period. In any case, the user will have a summary in the My Account section of the web application.

Any Client can try the subscriptions for free for 14 days, provided they have not already benefited from a trial period, and this, via any account. In case of violation of any of these principles, Fit'Distance reserves the right, depending on the harm suffered, to seek compensation for damages suffered before the competent courts, due to violations of its obligations committed by the user. Before the Mulhouse court: Mulhouse Judicial Court 21 Avenue Robert Schuman CS 63009 68061 MULHOUSE CEDEX - SAUJ Tel: 03 89 36 25 00

The Subscriber, as a consumer, has the right to change their mind within 14 days following the submission of the subscription, after the trial period. The Subscriber can send a statement of withdrawal to the Company either by email at the following email address: support@fitdistance.io, by registered letter with acknowledgment of receipt to the following address: MATHIAS BRADICEANU 134 RUE DE BALE 68100 MULHOUSE or via the application, in the My Account section

ARTICLE 6: Obligations

The subscriber's obligations include:

  • Taking full responsibility for the accuracy, integrity and legality of information transmitted to the company as part of the subscription
  • Not assigning access to the application to a third party, nor renting their account, whether it is in a trial period or has a subscription
  • Not attempting to obtain unauthorized access to the application or repeated trial periods
  • Paying the contractual fee according to the conditions provided in article 5 of these Terms and Conditions
  • Respecting the company's intellectual property rights and in particular not copying, translating, reproducing, adapting or exporting all or part of the functionalities, content, features or interface of the application.
  • Not using the subscription for counterfeiting purposes, not downloading illegal files, not distributing music or video files illegally, not attempting intrusions into computer systems, not spreading viruses or programs designed to harm, not sending illegal emails, not sending mass requests (spam, DDoS, etc.)

The Subscriber is required to provide correct information to Fit'Distance and its online payment provider (Stripe). The Company reserves the right to request a copy of a valid ID (National ID Card or Passport or Driver's License) if required by public authorities. Access to the Application content will only be possible after validation of the banking details declared by the Subscriber and after acceptance of the conditions.

Fit'Distance commits to protecting the customer's personal information in a confidential and secure manner, in accordance with personal data protection laws and in accordance with these general conditions and in accordance with the provisions of Law No. 78-17 of January 6, 1978 called the Information and Freedoms Act amended and the GDPR

ARTICLE 7: Responsibilities

The Company cannot be held responsible for problems related to Internet use, such as:

  • Inaccessibility to the Application
  • External intrusions
  • Computer viruses
  • Fraudulent use by third parties

The Client is solely responsible for adapting their computer, data, software and network connection to access the Application.

Furthermore, maintenance work can be performed at any time to improve the experience on the platform, which may temporarily prevent access to the Application. The Company cannot be held responsible for these inconveniences. However, it commits to keeping application users informed of any technical problems and the time frame for resolving them.

ARTICLE 8: Contact / Request / Objection / Complaint

Questions, need for information, technical failures, concerning the general terms of sale, will be handled either:

  • By sending an email to support@fitdistance.io
  • By sending a registered letter with acknowledgment of receipt to BRADICEANU MATHIAS 134 RUE DE BALE, 68100 MULHOUSE (France)
  • Via internal messaging on the website
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