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Terms of Use

Legal information regarding the use and management of data on the Ekklo platform

Terms of Use

ARTICLE 1. DEFINITIONS

For the purposes of these terms of use, the following expressions shall have the following meanings:

  • Terms of Use: refers to these terms of use applicable to the Services.
  • Coach: Any sports professional with a personal space on the Platform (the "Personal Account") and who offers Services. According to Article L. 212-1 of the Sports Code: "Only those holding a diploma, professional title, or professional qualification certificate guaranteeing the competence of its holder in terms of the safety of practitioners and third parties in the activity considered, and registered in the national directory of professional certifications under the conditions provided for in Article L. 6113-5 of the Labor Code may, for remuneration, teach, lead, supervise a physical or sports activity, or train its practitioners, as a principal or secondary occupation, habitually, seasonally, or occasionally, subject to the provisions of the fourth paragraph of this article and Article L. 212-2 of this code."
  • Personal Data: any information relating to an identified or identifiable natural person; an identifiable person is deemed to be a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more specific elements specific to their physical, physiological, genetic, mental, economic, cultural, or social identity.
  • Identifier: refers to the personal identifier associated with the User's account as well as any confidential code or password provided to the User by Ekklo SAS and then modified by the User to allow them to access the Services.
  • Payment Process: the system put in place by Ekklo SAS to obtain payment for the service ordered on the platform.
  • Data Protection Regulation: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, applicable from 25 May 2018 (hereinafter referred to as the "General Data Protection Regulation") and the French Data Protection Act No. 78-17 of 6 January 1978, as amended by Act No. 2004-801 of 6 August 2004.
  • Parties: refers jointly to Ekklo SAS and the User.
  • Platform: refers to the mobile applications, websites accessible via the address www.ekklo.com or any other domain name extensions.
  • Services: collectively refers to the training and nutrition tracking services provided by sports coaches and any other service provided by Ekklo SAS through its Platform, as defined in Article 6 of these terms of use.
  • User: any natural person who uses the platform and accesses the Services offered by Ekklo SAS through it.

Unless otherwise indicated in the Terms of Use:

  • Where a word or phrase has a defined meaning, any other form of that word or phrase has a corresponding meaning;
  • Words in the singular include the plural and vice versa;
  • A reference to a document, standard, legislative provision, code, or any other document includes any amendments or updates to that document, standard, legislative provision, or code;
  • If a period of time is specified and dates from a given day or the day of acceptance of the Terms of Use, that period is to be calculated as including that day.

ARTICLE 2. PURPOSE OF THESE TERMS OF USE AND CURRENT VERSION

These Terms of Use are intended to define the conditions under which Users can access and use the Services.

Any User who accesses the Services of the Ekklo platform agrees to comply without reservation with these Terms of Use.

If the User does not agree with all or part of the Terms of Use, they are strongly recommended not to use the Platform and Services.

Ekklo SAS is free to modify these Terms of Use at any time, particularly to take into account any legal, regulatory, jurisprudential, or technical developments. The prevailing version is the one accessible online at the following address: www.ekklo.com/terms-of-use. Each User must refer to the version accessible online on the date of their access and use of the Services.

The User is expressly informed that the only version of the Terms of Use of the Services that is binding is the one available online on the Platform, which they acknowledge and accept without restriction, committing to refer to it systematically during each connection.

ARTICLE 3. CAPACITY

Use of the Services is reserved for Users, adult natural persons capable of entering into obligations in accordance with French law, as well as minors aged at least 16 years.

A person under the age of 16 can only use the Services of Ekklo SAS if they provide explicit authorization from their legal representatives under the conditions provided by law.

The User can use the Services on behalf of third parties over whom they have parental authority or for whom they are recognized as guardian or curator in accordance with French law.

ARTICLE 4. INFORMATION, RESPONSIBILITIES, AND WARRANTIES RELATING TO ACCESS TO SERVICES

Ekklo SAS implements the necessary means for the proper functioning of the Services. Ekklo SAS takes the necessary measures to maintain the continuity and quality of the Services.

Ekklo SAS strives to make the Services accessible 24 hours a day, 7 days a week, except in cases of force majeure or an event beyond the control of Ekklo SAS and subject to maintenance periods, potential outages, technical hazards related to the nature of the Internet network, acts of malice, or any harm to Ekklo SAS's equipment or software. Ekklo SAS cannot be held responsible for network disruptions due to force majeure or planned maintenance of the Services by Ekklo SAS. Ekklo SAS also cannot be held responsible for the installation and operation of terminals used by the User to access the Services and not provided by Ekklo SAS.

More generally, Ekklo SAS cannot be held responsible for any interruption of the Services, regardless of the cause, duration, or frequency of this interruption.

The transfer rates and response times of information circulating from Ekklo SAS's platform to the Internet are not guaranteed by Ekklo SAS. The User acknowledges that the transmission speed of information does not depend on the Services offered by Ekklo SAS but on the inherent characteristics of electronic communication networks and the technical characteristics of their connection mode (cable, ADSL, 3G, 4G, etc.) and their Internet access.

Ekklo SAS cannot in any way be held liable for any indirect damage suffered by the User during the use of the Services. Indirect damage includes those that do not exclusively and directly result from the failure of Ekklo SAS's Services.

Any software downloaded by the User, or obtained in any other way during the use of the Service, is at the User's own risk.

ARTICLE 5. PRIOR INFORMATION RELATING TO THE SERVICES

The Platform offers the User the possibility to:

  • Set up a personalized coaching program
  • Track their progress over sessions using statistical data collected on the Platform
  • View upcoming appointments
  • Set up and ensure nutritional program advice

All services provided by the Platform are accessible provided a personal account is created on the platform.

However, the equipment (including computer, phone, software, electronic communication means) allowing access and use of the Services are the sole responsibility of the User, as well as the electronic communication costs (including phone costs, Internet access costs) resulting from their use. It is the User's responsibility to be informed of the usage costs of said equipment or services from the concerned operators. The User is solely liable for their prices.

ARTICLE 6. DESCRIPTION OF SERVICES

6.01 Account

(a) Account Creation

The use of all or part of the Platform requires the prior creation of an account. Creating the account with the validation of the Terms of Use constitutes acceptance of these terms. By creating their account, the user creates a personal space on the Platform.

The validation of the Terms of Use is a necessary condition for creating the account.

Creating an account is free and open to any natural person meeting the capacity conditions set out above or any legally constituted legal person acting through a duly authorized representative.

Creating an account requires providing your email address and a secret, personal, and confidential password, date of birth, height, and weight.

The User is responsible for the accuracy and updating of the information they provide.

The User is responsible for maintaining the confidentiality of their username and password, restricting access to their computer, and all activities conducted from their Account or with their username and password.

(b) Account Deletion

The User can delete their account by choosing to do so by clicking on the delete account button found in the settings.

Deleting the account results in the deletion of all stored data after a period of 30 days from the validation of the deletion. The User can reverse their decision within 30 days from their request. Beyond this period, all data stored by Ekklo SAS will be lost.

(c) Account Closure or Suspension

Ekklo SAS has the ability to close or suspend your account use in case of non-compliance with these Terms of Use, after sending a formal notice email that remains without effect for 5 working days.

In case of fraud or attempted fraud, Ekklo SAS may suspend your account immediately without delay and without formalities. Fraudulent acts include, but are not limited to:

  • Pretending to be any other person or entity or misrepresenting your identity;
  • Adopting inappropriate or reprehensible behavior on the Platform or in connection with the use of the Services;
  • Using the Platform's services for illicit or illegal purposes;

In the event of your account closure at Ekklo SAS's initiative, it is strictly forbidden for the User to open a new account with the same or a different email address or through an intermediary without the prior written authorization of Ekklo SAS.

6.02 Personalized Coaching Program

The Platform offers a personalized coaching service based on programs provided to the User according to their personal goals and physical condition.

6.03 Progress Tracking Over Sports Sessions

Progress tracking is based on storing personal data recorded by the Platform over sessions. The Platform offers a visual presentation of all this data in the form of charts.

6.04 Nutritional Advice

The Platform offers the possibility to combine the use of the sports coaching service with a nutritional advice service. The service allows setting up a nutritional program and ensuring its follow-up.

6.05 Data Storage

(a) Stored Data

Ekklo SAS commits to storing all data related to training programs and nutritional programs of users, whether entered manually by the User or automatically recorded by the terminal.

Data can be removed at any time by the User using the data deletion features.

(b) Storage Duration

Data is stored as long as the User deems necessary and for a period of thirty days from the account deletion.

(c) Purpose of the Storage Service

The storage service aims to allow the User to centralize all data related to their training programs to enable them to track their progress.

(d) Access to Stored Data

Ekklo SAS commits to providing its best efforts to ensure permanent access to data stored on its servers.

The information stored by Ekklo SAS is under the full and entire control of the User. The User can delete at any time any information they no longer wish to keep in their storage space.

Personal data stored can only be used within the scope of your services. Ekklo SAS commits to ensuring the confidentiality of the information stored by any appropriate technical security means and in accordance with best practices, as well as their non-use for purposes other than those offered to the User, which they are free to accept or not. Ekklo SAS may anonymize your data and use it to improve its sports and nutritional training algorithms and thus the quality of services offered to users.

The Client can give temporary access authorization to their personal data to their coach so that the latter can review the work done and propose a personalized training program.

ARTICLE 7. ACCESS TO SERVICES

The services offered on the Platform are free or paid. Free services are freely accessible on the Platform after the user logs into their account. Paid services are indicated with the service description and corresponding price. Using paid services requires express acceptance by validating the order with acceptance of these Terms of Use.

The fact that services are provided free of charge does not affect the contractual nature binding Ekklo SAS and the User.

All contractual data (contracts, order forms, invoices) related to your orders and exchanges and communications with support and sales services are stored and archived on a Heroku (SalesForce) server located .... The transmitted data is not exported to non-European Union countries.

ARTICLE 8. PRICE

8.01 Prices and Taxes

In accordance with Articles L. 112-2 and L. 112-3 of the Consumer Code, the price of the Services available on the Platform, provided by Ekklo, Coaches, or any other authorized provider is indicated in euros, either excluding tax (HT) or all French taxes included (TTC). The price of the Service is the one in effect on the day of the Order.

The total amount due and its details are indicated on the confirmation page of each Order.

8.02 Payment

The price is payable in full upon order confirmation.

The User can pay for their purchases:

  • By credit card (Carte Bleue, Visa, Eurocard/Mastercard). Ekklo uses the secure payment service provided by STRIPE, INC. Confidential data (the 16-digit credit card number, expiration date, and CVX code) is directly encrypted and transmitted to the STRIPE, INC. server. Ekklo does not have access to this data.

Payment will be effective upon order validation.

ARTICLE 9. USER OBLIGATION

The User commits to always providing sincere and truthful information at the time of entry and, in particular, not to use false names or addresses or names or addresses without being authorized to do so.

The user commits to ordering the Services offered by the Platform for personal needs and purposes only.

ARTICLE 10. DISCLAIMER OF LIABILITY

The Coach is solely authorized and responsible for handling complaints or claims related to sports sessions and recommendations for program implementation using the application. Ekklo SAS disclaims all liability in this regard.

However, Ekklo SAS, at its sole discretion (and without any obligation to do so), may act as an intermediary between a Client and the Establishment to help and facilitate dispute resolution.

Each Coach remains solely responsible for the accuracy and completeness of the information they provide to the User either directly or through the Platform.

Ekklo SAS excludes all liability in case of interruptions or non-transmission of data and makes no warranties regarding the relevance of the information, software, products, and services offered on the Platform.

All such information, software products, and services are provided "as is" without any warranty of any kind. The Coaches listed on the Platform are independent of Ekklo SAS. Ekklo SAS is not responsible for the acts, errors, omissions, misconduct, or negligence of the Coaches and excludes all liability for bodily, material, and immaterial damage caused by the Coaches and/or within the Establishments and/or by their products and services, whether such damage is direct or indirect.

In the event of using the Platform without a coach, the User acknowledges that this use is made under their full and entire responsibility.

Ekklo SAS is not responsible for the User's use of the programs made available to the User on the Platform.

ARTICLE 11. TERMINATION/SUSPENSION OF YOUR ACCOUNT

Ekklo SAS may, at its sole discretion, limit or suspend your access to the Service at any time in case of violation of these Terms of Use or third-party rights and/or applicable laws and regulations.

ARTICLE 12. THIRD-PARTY SITES

In the event that the Services contain hyperlinks to websites published by third parties (hereinafter "Third Party Sites") over which Ekklo SAS exercises no control, Ekklo SAS assumes no responsibility for the content of Third Party Sites or the content to which Third Party Sites may refer. The presence of hyperlinks to Third Party Sites does not imply that Ekklo SAS in any way endorses the content of Third Party Sites. Ekklo SAS is not responsible for any changes or updates regarding Third Party Sites. Ekklo SAS is not responsible for the transmission of information from Third Party Sites or their malfunction.

ARTICLE 13. INTELLECTUAL PROPERTY

Ekklo SAS retains, exclusively, ownership of all rights, titles, and interests as well as all intellectual and industrial property rights of the Service and pertaining to the Service (including logos and trademarks, software, databases, website, applications, and content made available on the Service ("Ekklo SAS IP").

Any illegal or unauthorized use of Ekklo SAS IP constitutes a violation of our intellectual property rights (including copyright and database rights).

ARTICLE 14. PROTECTION OF PERSONAL DATA

14.01 Personal Data Relating to the User

Ekklo SAS expressly invites the User to consult its personal data protection policy, which is an integral part of these Terms of Use.

14.02 Cookies and IP Address

Ekklo SAS expressly invites the User to consult its personal data protection policy, which is an integral part of these Terms of Use, to learn about Ekklo SAS's cookie policy. At the request of judicial authorities, Ekklo SAS may transmit the User's IP address to identify them in cooperation with their Internet service provider.

ARTICLE 15. FORCE MAJEURE

There is force majeure when an event beyond the control of the debtor, which could not have been reasonably foreseen at the time of acceptance of the Terms of Use and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling their obligation.

A case of force majeure suspends the obligations of the affected party for the duration of the force majeure event if this event is temporary. Nevertheless, the Parties will strive to minimize the consequences as much as possible.

Failing that, if the impediment is definitive, the parties will be released from their obligations under the conditions provided in Articles 1351 and 1351-1 of the Civil Code.

ARTICLE 16. WAIVER

The fact that either Party does not invoke one or more provisions of the Terms of Use shall in no case imply waiver by that Party of the right to invoke them subsequently.

ARTICLE 17. PARTIAL NULLITY

If any provisions of the Terms of Use are unenforceable for any reason, including due to applicable law or regulation, the parties shall remain bound by the other provisions of the Terms of Use and shall strive to remedy the unenforceable clauses in the same spirit as when the agreement was concluded.

ARTICLE 18. APPLICABLE LAW AND JURISDICTION

The Terms of Use are subject to French law. Any difficulties relating to the validity, application, or interpretation of the Terms of Use will be submitted, failing amicable agreement, to the competent courts in accordance with the law.

ARTICLE 19. MEDIATION

The User, if desired, can also contact the consumer mediator listed by the Ministry of Economy and Finance.

The User is informed that mediation cannot take place until they have first attempted to resolve the dispute directly with Ekklo SAS through a written complaint.

The User also has the option of using the European Commission's online dispute resolution platform.

Publication Director: Clément Verhille