Effective as of 23/06/2022

The "Team Trainer" Application is published by Matthieu Tabarin (self-employed company, registered at 9 rue de la paix, 85300 - Challans under the SIRET number 81767999600030 , whose head office is located at 9 rue de la paix, 85300 - Challans).

1. Definitions

The following terms, the first letter of which is capitalized in the GTU, have the meaning attributed to them in this article.

Administrator: refers to one of the Users responsible for the management of a Space.

Application: refers to the mobile application "Team Trainer" available on Android and iOS.

TOS: refers to the present general conditions of use of the Application.

Account: refers to the account allocated to a User giving access to the Application, to which a personal identifier and access code is associated.

Team: means the space dedicated to a team on the Application, managed by a Leader and one or more Administrator(s).

Lead Administrator: means the User with primary responsibility for managing a Space.

Members: means the Users attached to a Space as part of the Application.

Sponsor: refers to a person, natural or legal, who has concluded a contract with Team Trainer allowing him/her to promote his/her structure to Users via the Application.

Site: refers to the website www.teamtrainer.app (and any subsequent version that may be substituted).

Structure : means the brand, company or entity of a Sponsor.

User: means any person, natural or legal, who has access to and uses the Application via an Account.

Exercise: means content for instructional purposes.

Training: means content that incorporates multiple Exercises.

2. Object

2.1 The purpose of the GTC is to define the terms and conditions which apply to all Users of the Application.

2.2 Any registration, access and/or use of the Application implies the User's unconditional acceptance of and compliance with all the GTC.

2.3 Any User who is a minor declares and acknowledges that he/she has obtained authorisation from his/her parents or the holder(s) of parental authority to register on the Application.

2.4 Any registration request generated automatically by a robot, or by any other method, will be refused or any account having used this method will be deleted.

3. Presentation of the Application

3.1 The Application is dedicated mainly to those involved in sport and the sporting field and allows, in particular, to:

• manage and organise the activities of a Team;
• communicate information between the Members of a Team
• improve the overall functioning of a Team.

3.2 Via the Application, Users benefit in particular from the following functions:

• Management of invitations, attendance/absence at sporting or non-sporting events;
• Organisation of sports or non-sports events;
• Centralization and sharing of a Team's calendar;
• Tracking results, performances and statistics;
• Social and recreational interaction between members;
• Sharing of documents, files, photos, videos, etc;
• Creation of exercises and training sessions (Only content created by the Application is approved by sports professionals);
• Messaging.

4. Registration of a Team

4.1 Any User of the Application may create their own Team or become an Administrator of an existing Team.

A Team Administrator has the power to:

• Promote / demote a Team Member
• Delete a Team Member
• Offer to create their own Team Trainer Accounts to all Team Members.
• Manage events linked to the Team
• Make the Team visible on the Team Finder
• Share training sessions

A Team Senior Administrator has the power to:

• Demote an Administrator to Member
• Promote / demote a Team Member
• Delete a Team Member
• Offer to all its Members to create their own Team Trainer Accounts.
• Manage events linked to the Team
• Make the Team visible on the Team Finder
• Share training sessions

The Main Administrator will then be the representative of the Team. If necessary, the Main Administrator may add or replace one or more Administrators (subject to making the change on the Application).

4.2 The registration of the Team on the Application will be done by a User by :

• creating a Space for the Team
• filling in the various fields of the registration form
• consulting and adhering unreservedly to the GTC and the Data Privacy Policy.

Once the registration has been validated, Team Trainer will send a confirmation e-mail to the Main Administrator.

4.3 When filling in the registration form, the Main Administrator is committed to provide only accurate, up-to-date and complete information.

4.4 Team Trainer cannot be held responsible if the data relating to the registration of a Team does not reach it for any reason for which it is not responsible (for example, a problem with the Internet connection due to any reason on the part of the Lead Administrator, a temporary failure of its servers, etc.) or if it arrives unreadable or impossible to process (for example if the Lead Administrator has a Device or a software environment that is unsuitable for his registration).

4.5 The Lead Administrator who ceases to be a Member of the Team is committed to appoint a new Lead Administrator immediately. In the event of inactivity for a continuous period of six (6) months, Team Trainer may modify the Lead Administrator at the request of the Members of this Team.

4.6 All registrations are made for an indefinite period, the Account of the Lead Administrator remaining active until it is closed and the Team remaining active until it is deleted by the Lead Administrator.

5. Registration of a User

5.1 In order to benefit from a maximum of services of the Application, each User has the possibility to create an Account (personal or on behalf of a minor Member when the User is the holder of parental authority) which will allow him/her to access the Team.

5.2 Registration will be carried out on the Application by the User, by :

• creating an Account ;
• filling in the various fields of the registration form, in particular a valid e-mail address or by using the registration function via Facebook / Apple / Google (any registration carried out via a Facebook / Apple / Google account implies acceptance of the T&Cs and the Data Privacy Policy);
• viewing and adhering without reservation to the T&Cs and the Data Privacy Policy.

Once the registration has been validated, Team Trainer will send the User a confirmation e-mail.

5.3 When filling in the registration form, the User is committed to provide only accurate, up-to-date and complete information.

5.4 The User is committed to maintain the confidentiality of the access information of his Account. In the event of fraudulent use of the said access information, the User will immediately inform Team Trainer.

5.5 The User is solely responsible for the use of his Account. Any connection or transmission of data made using the Application will be deemed to have been made by the User and under his exclusive responsibility.

5.6 Team Trainer cannot be held responsible if the data relating to a User's registration does not reach it for any reason for which it is not responsible (for example, a problem with the Internet connection due to any reason on the part of the User, a temporary failure of its servers, etc.) or if it arrives unreadable or impossible to process (for example if the User has inadequate computer equipment or a software environment for his registration).

5.7 The User who ceases to be a Member of a Team is committed to immediately cease all use of the Application dedicated to the Team. In the event of inactivity for a continuous period of six (6) months, Team Trainer may modify or delete the connection identifiers concerned.

5.8 All registrations are made for an indefinite period, the User's Account remaining active until it is closed.

6. Costs of using the Application

6.1 The creation of an Account and/or a Team is free for a User, however Team Trainer reserves the right to limit the number of Teams per User.

6.2 Team Trainer is free of charge, however Team Trainer reserves the right in the future to limit the use of certain features and to allow unlimited access via a Premium account.

7. Complaints

If you have any difficulties, we invite you to make a complaint to the following address: by email to `carter@teamtrainer.app` or via the Support department within the Application

8. Advertisements and Partners

8.1 Team Trainer may propose links to other websites advertising and/or managed by Google Admob in the context of the Application.

Insofar as Team Trainer cannot control them, Team Trainer makes no commitment as to the availability of these external sites and sources and shall not be held responsible for the content, advertising, products, services or any other material that may be available there.

In the same way, Team Trainer cannot be held responsible for any damage or loss, proven or alleged, consecutive or in relation to the use of the contents or services available on these advertising sites, Partners or external sources.

8.2 Only a Sponsor may enter into a contract with Team Trainer allowing it to promote its Structure to the Users of the Application.

9. Closing an Account

9.1 A User may close his Account or the Account he manages on behalf of a minor at any time. In accordance with our Data Privacy Policy, the closure of an Account will result in the deletion of the personal data relating to it.

9.2 Without prejudice to any damages that Team Trainer may seek, Team Trainer reserves the right to close, without notice or compensation, temporarily or permanently, the account of a User in the event of, in particular:

• failure to comply with these GTC;
• providing false information when registering;
• actions contrary to the commercial interests of Team Trainer.

9.3 Closure of the Account at the initiative of Team Trainer does not entail any compensation.

10. Deletion of a Team

10.1 A Lead Administrator can delete the Team for which he is responsible at any time. Deletion of the Team will result in the deletion of all related data.

10.2 Deletion of the Team at the initiative of Team Trainer

Without prejudice to any damages that Team Trainer may claim, Team Trainer reserves the right to delete, without notice or compensation, temporarily or permanently, the Space of an Organisation in the event, in particular, of :

• failure to comply with the GTC ;
• providing false information when registering the Organisation;
• actions contrary to the commercial interests of Team Trainer.

10.3 The deletion of a Team at the initiative of Team Trainer does not entail any compensation.

11. Information and content on the Application

11.1 The User is committed to use good judgement when using the Application, in particular when assessing the information and content appearing on the Team.

In this respect, the User acknowledges in particular that the information and content available on the Application is not exhaustive and that its main purpose is to assist the Lead Administrator in managing the Team.

11.2 The User shall not sell, resell or exploit in any way or for any purpose any of the content available on the Application.

11.3 The User is solely responsible for the communications, information, files, videos, photos, documents or other content that he/she publishes and transmits via the Application.

11.4 The communications, information, files, videos, photos, documents or other content published by the User on the Application represent his or her own opinions and in no way those of Team Trainer or its employees and agents.

11.5 As part of its Application activity the User is committed to provide only objective, complete and sincere information, in compliance with the rules of propriety, courtesy and respect for others.

Team Trainer encourages the User to show moderation and caution in the expression of communications, information, files, videos, photos, documents or other content that he wishes to disseminate on the Application. In this respect, the User shall refrain from publishing on the Application content that is contrary to the laws and regulations in force and in particular:

• disseminating information contrary to public order or morality;
• diverting the purpose of the Application to propaganda or proselytizing, canvassing or soliciting; publishing information of a commercial or advertising nature or constituting propaganda for tobacco, alcohol or any other substance, product or regulated service;
• disseminating content that infringes the personality rights of third parties or that is defamatory, insulting, obscene, pornographic, offensive, violent or incites discrimination, political violence, racism, xenophobia, sexism or homophobia
• publish information that contravenes the legislation on the protection of personal data allowing the identification of natural persons without their consent, in particular their family name, postal and/or electronic address, telephone, photograph, sound or audiovisual recording;
• infringe the intellectual property rights of third parties, in particular by removing or deleting any mention of copyright or trademarks, as well as any restrictive legend.

11.6 The User also is committed to respect the rights of others, and in particular :

• personality rights (such as image rights, right to privacy)
• trademark rights
• copyright (particularly on software, sounds, images, photographs, texts, animated images) and related rights (performers, producers of phonograms and videograms and the sui generis rights of producers of databases);
• in general, the rights of persons and property

11.7 The User is also forbidden, except with prior written authorisation from Team Trainer, without this list being exhaustive:

• to use the Application for promotional purposes and in a general way to offer products and services that remunerate him directly or indirectly;
• to create archive files from the contents of the Application;
• to reproduce, represent, use, reference (in particular in the meta words of search engines), all or part of the content, brands, logos, distinctive signs appearing on the Application.

11.8 Non-compliance with these GTC may result in the immediate and automatic withdrawal of the contentious content, a warning and/or the closure of the account of the offending User, notwithstanding any other legal action and/or damages that Team Trainer may be entitled to take or claim.

11.9 Team Trainer may in no case be held responsible for information, files, videos, photos, documents or other content appearing on the Application and, in particular, because of their illegal nature, errors or omissions affecting them, or for any loss or damage resulting from the use of these elements by a User.

11.10 Any hypertext link to secondary pages of the Site is formally prohibited, unless express authorisation is received by the User from Team Trainer. In addition, any link must be removed by the User on simple request from Team Trainer.

12. Moderating role of the Main Administrator / Administrator

1. 1 The Main Administrator / Administrator, in his capacity as coordinator and supervisor of the Team, is committed to ensure that the Members comply with the terms of article 11 above and to delete, as soon as he is aware of it, all or part of the content which is contrary to the law and/or public order and/or these GTC, in particular, any content that is violent, pornographic, racist, anti-Semitic, xenophobic, infringing on human dignity, infringing on privacy, infringing on the copyright, neighbouring rights, trademark rights or personality rights of a third party.

12.2 In the event of non-compliance with these rules and practices, Team Trainer reserves the right to exclude the Principal Administrator/Administrator and/or the offending Member as well as to initiate any legal proceedings likely to put an end to the manifestly illicit disorder resulting from the offending use of the Application by the Principal Administrator/Administrator and/or to obtain compensation for the damage caused.

13. Sending e-mails, push notifications and SMS

13.1 As part of its Application, Team Trainer offers communication by e-mail, push notification on the Application and SMS allowing communication between the Members of a Team, for the exclusive purpose of exchanging information inherent to the Team, by means of the e-mail addresses provided by the Members when creating their Account.

13.2 The User may decide at any time to stop receiving emails, push notifications, or SMS from Team Trainer by modifying the settings of his Account directly on the Application.

14. Access to the Application - Responsibility

14.1 Team Trainer uses its best efforts to make the Application available 24 hours a day and 7 days a week, regardless of scheduled maintenance operations, subject to the provisions of this article.

14.2 Team Trainer reserves the right to make all the modifications and improvements of its choice to the Application linked to possible technical developments. Thus, Team Trainer reserves the right, without prior notice or compensation, to temporarily suspend access to the Application in order to carry out evolutionary or corrective maintenance operations. The User releases Team Trainer from any responsibility in this respect and waives any claim as a result.

14.3 Team Trainer does not provide any express or implicit guarantee, including but not limited to the quality and compatibility of the Application for a specific use.

14.4 Team Trainer does not offer any guarantee that the uninterrupted functioning and/or continuity of the Application can be ensured in case of force majeure or fortuitous events as defined by article 1218 of the civil code, in which case Team Trainer cannot be held liable.

14.5 In the event that Team Trainer's liability is incurred by the User following a breach of one of his obligations under these GTC, compensation will be limited to direct, personal, certain and foreseeable damage.

14.6 Team Trainer does not guarantee the relevance and accuracy of information published on the Application by third parties.

14.7 Team Trainer disclaims all responsibility for any disputes, actions or recourse by third parties who may take advantage of rights, particularly private rights, on any content not created by Team Trainer.

16. Personal data

The conditions under which Team Trainer collects and processes data are detailed in the data privacy policy.

17. Intellectual Property

17.1 The services and their content (in particular the data, databases, software, photographs, information, illustrations, logos, brands, etc.) which appear or are available on the Application are protected by all existing intellectual property rights, the rights of the producers of databases and/or any other right recognised by the legislation in force.

17.2 Any unauthorised copy, reproduction, representation, adaptation, alteration, modification or distribution, in whole or in part, of the services and/or the content of the Application, whether this content belongs to Team Trainer, to a User, to an Organisation or to a third party, is illicit and may incur the criminal and civil liability of the offender.

17.3 Team Trainer grants the User the right to use the Application for his needs, to the exclusion of any lucrative use.

17.4 When the User puts content online on the Application as part of his use, he automatically grants Team Trainer, free of charge, a personal, non-exclusive licence to use said content.

17.5 This licence is granted for the whole world, for all uses on all media and by all distribution processes known or unknown to date, and for the entire duration of the legal protection of intellectual property rights (including renewals and extensions):

• the right of reproduction: the right to make or have made an unlimited number of copies of the contents, in any form or on any medium, known or unknown to date, and in particular on any paper, magnetic, digital or other medium (e.g. all brochures, press materials, posters, web pages, reports, and any recording medium such as CD, DVD, floppy disk, internal or external hard disk or any other recording medium), by any technical process known or unknown to date ;
• the right of representation: the right to communicate, disseminate, have communicated or have disseminated the contents to the members of the User's Organisation by any means, known or unknown to date, and in particular by any telecommunication network or any means of reading, exchanging information and communications (Internet, terrestrial network, cable, satellite, downloading, remote transmission, etc.);
• the right to translate the content into any language (including all computer languages).

17.6 The User guarantees Team Trainer that the content he puts online on the Application does not constitute an infringement of intellectual property rights or of any other rights belonging to a third party.

17.7 Consequently, the User is committed to defend Team Trainer and to take responsibility for and/or indemnify Team Trainer for any prejudice which may result from any action or claim by a third party relating to the content put online by the User.

18. Contractual documents

18.1 These GTC govern all contractual or pre-contractual commercial relations between Team Trainer, the User and/or the Team, relating to the use of the Application.

18.2 The present GTC prevail over all agreements or provisions to the contrary between the parties. They cancel and replace the GTC that may have governed the previous relations between the parties.

18.3 These GTC constitute the entirety of the contractual documents that are authentic between the parties.

18.4 Team Trainer reserves the right to modify, at any time, the content of the GTC. Such modifications will result in the publication of a new version which will automatically apply to services provided subsequently.

19. Applicable Law, Mediation and Jurisdiction

19.1 The GTC are subject to French law.

19.2 The parties is commited to seek an amicable solution before any legal action. In the event of a complaint that cannot be resolved amicably between the parties, the User may have recourse to free consumer mediation. It is proposed to use the following mediator: Centre de Médiation et d'Arbitrage de Paris (CMAP), www.mediateur-conso.cmap.fr.

19.3 The User may also use the dispute resolution platform put online by the European Commission at the following address: www.ec.europa.eu/consumers/odr/.