The company LiveHappier which operates the services Squadeasy (hereinafter "Squadeasy" or "Livehappier" or "we"), SAS, simplified joint stock company with a capital of 17 447.50 € whose headquarters is located at 157 boulevards McDonald, 75019 Paris, registered in the Paris Trade and Companies Register under number 808 330 377 and having the intra-community VAT number FR 67 808330377.
- Responsible for the site and the application : Squadeasy represented by its President Brice Chapignac
- Director of Publication : Squadeasy represented by its President Brice Chapignac
- Data Protection Officer (DPO) : Squadeasy represented by its current Product Manager Benoît Keirle
- Host of the website and the content of the application :
o This site is hosted in Europe, in France on servers of the company Amazon Web Services (AWS) :
o Amazon Web Services Inc.
o 410 Terry Avenue North,
o Seattle, WA 98109-5210, USA
o And by AMAZON WEB SERVICES EMEA SARL
o 831 001 334 R.C.S. NANTERRE
o 31 PL DES COROLLES 92400 COURBEVOIE
For more information, please contact : firstname.lastname@example.org
The present General Terms and Conditions of Sale and Use (GTC) are concluded between the company Livehappier operating the Squadeasy services ("the Squadeasy services" or "we") and the user ("the user" or "he").
By registering on the site or the application, by becoming a customer of the Squadeasy services or by signing any contract mentioning these conditions, the user accepts the present general conditions of sale and use.
The present general terms and conditions of sale and use ("GTC" and "GTC") are applicable to all use and access to Squadeasy services. They are provided to users at the time of registration and are available at any time on the Site.
DEFINITION / GLOSSARY
Squadeasy Services: refers to the Squadeasy mobile applications created by the company LiveHappier and the web platform https://squadeasy.com/
Account: refers to the space registered on the Sites or applications that is managed by the user using a username and a password
Personal Data: means any personal data relating to a natural person who is or could be identified. Any information relating to an identified or identifiable natural person (hereinafter referred to as the "data subject"); an "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, psychological, economic, cultural or social identity.
Intellectual Property Rights: means all industrial property rights and literary and artistic property rights; including patents, trademarks, designs and models, as well as copyrights (audiovisual effects, graphic interfaces, preparatory design material, software and source codes, and specifications as well as auxiliary documentation)
Application: means the mobile application that provides various features
Sites: refers to the Squadeasy squadeasy.com websites.
User: represents any person identified on the application or website
Organization: refers to the company with which the user may be affiliated
Mission: refers to a personal physical activity objective to be achieved within a given time frame and allowing the user to earn points or to have his team earn points
Quiz: designates a multiple choice question regularly proposed to the user, allowing him/her to win points for his/her team
Chat: refers to an individual or team messaging service
Social wall: designates a space for sharing text, photos, activities, external url links, internal social network to promote social cohesion
Article 1 - PRIOR ACCEPTANCE OF THE GCU AND CONDITIONS OF ACCESS
Any User who accesses the Services offered by Squadeasy agrees to abide by these GTC. In this regard, by browsing the Site and/or using the Application, the User declares that he/she has read and accepts without reservation the entirety of the terms of these GCU.
If the User does not agree with all or part of the GCU, he/she is requested not to use the Site and/or the Application.
The User acknowledges having read and understood the TOS and GTC and hereby agrees to be bound by them. The GCU and GTC shall prevail over any other contractual documents issued by the user.
Article 2 - INFORMATION, RESPONSIBILITIES AND GUARANTEES RELATING TO THE MEANS OF ACCESS TO THE SERVICES
Squadeasy puts in place the means necessary for the proper functioning of the Services. Squadeasy takes the necessary measures to maintain the continuity and quality of the Services.
The User acknowledges that the use of the Services is at his/her own risk. The Services are provided "as is" and are accessible without any guarantee of availability and regularity. However, Squadeasy shall endeavor to make the Services available 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of Squadeasy and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the Internet network or acts of malice or any damage to the hardware or software of Squadeasy. Squadeasy cannot be held responsible for disruptions of the Internet network due to cases of force majeure within the meaning of Article 1218 of the Civil Code and the case law of the French Courts and Tribunals and due to maintenance operations of the Services planned by Squadeasy. Squadeasy cannot be held responsible for the installation and operation of terminals used by the User to access the Services and not provided by Squadeasy.
Squadeasy cannot be held responsible if the terminal used by the User does not allow him/her to access the Services, for technical and/or compatibility reasons between this terminal and the Services offered.
More generally, Squadeasy cannot be held responsible for any interruption of the Services, regardless of the cause, duration, or frequency of such interruption.
The transfer rates and response times of information circulating from the Squadeasy platform to the Internet are not guaranteed by Squadeasy. The User acknowledges that the speed of transmission of information does not depend on the Services offered by Squadeasy, but on the inherent characteristics of electronic communications networks and the technical characteristics of his or her connection method (cable, ADSL, 3G, 4G, etc.) and Internet access.
Squadeasy shall in no case be held responsible for any indirect damage suffered by the User in connection with the use of the Services. Indirect damages are those that do not result exclusively and directly from the failure of Squadeasy Services.
In addition, Squadeasy cannot be held responsible for acts performed by the User or a third party using the Services.
Any software, downloaded by the User, or obtained in any other way while using the Service, is done so at the User's own risk.
Article 3: CONDITIONS OF REGISTRATION AND CREATION OF USER ACCOUNT - OBLIGATIONS
In order to use the Application and/or the Site, the User must register and create a User account.
When creating his account and in order to access his account thereafter, the User will have to communicate personal information relating to his identity, namely:
At the time of the creation of his account:
- A challenge code (optional)
- His first name, his last name
- The User must enter a valid email address and define a password that will serve as login information.
At the time of the following connections: the User must enter the email address and the password which he defined at the time of the creation of his account.
(hereinafter referred to together as the "Identifiers"). If these elements are not communicated, the opening of the User account will not be possible. The processing of Users' personal data is governed by the Personal Data Policy, which is an integral part of these GTU.
By providing his email address, the User agrees to the use of his email address by Squadeasy to receive information and alerts related to the Services.
When requesting to open a User account, the User provides accurate, up-to-date and complete information on his identity as requested. The User agrees not to create a false identity that could mislead Squadeasy and not to impersonate another individual. The User agrees to immediately update the data he/she initially provided in the event of a change.
The User is solely and entirely responsible for the use and security of his Identifiers. In particular, it is up to the User to do everything possible to keep his Identifiers secret and not to disclose them to anyone. If one of the User's identification elements is lost or stolen, the User must inform Squadeasy without delay, which will then proceed with the immediate cancellation and/or update of the Identifier concerned.
Any access, use of the Services and transmission of data made from a User's account will be deemed to have been made by the latter. Safeguarding the confidentiality of the User's Credentials is the sole responsibility of the User. In this regard, the User is required to ensure that at the end of each session he/she effectively disconnects from the Services, in particular when accessing the Services from a public computer. Any loss, misappropriation or unauthorized use of a User's Credentials and their consequences are the sole responsibility of that User.
Each account is strictly personal, its access and use are reserved to persons duly authorized by the user. User acknowledges and accepts responsibility for any illegal, unlawful or fraudulent use of his account. User will indemnify and hold us harmless from any action or claim arising from such use. We reserve the right to request proof of identity from the User before granting access to his or her account.
Each User may at any time terminate the subscription of his/her User account by contacting Squadeasy online at https://www.squadeasy.com/contact-us or by e-mail at email@example.com.
Article 4: DEFINITION OF SERVICES
Squadeasy offers a fun and sporty team experience recording the physical activities of the user with or without the intermediary of a third party application, and transforming them into points that allow the user's team to evolve in a general team ranking. Missions and quizzes regularly spice up the experience and allow the user and his teammates to earn even more points, always in a good mood. A chat and a social network allow to share the experience with other users
Some features can be activated and deactivated according to Squadeasy's will and according to the evolution of the services.
Article 5 : SUBSCRIPTION
FREE SERVICE FOR INDIVIDUALS
The Squadeasy service for individuals is a "gamified" team running experience platform via a free mobile application available on the AppStore, Google Play and a web platform.
The Services are provided to the User free of charge according to the contract established between the organization and Squadeasy.
Nevertheless, the equipment (including computer, telephone, software, electronic communication) allowing access and use of the Services are the exclusive responsibility of the User, as well as the electronic communication costs (including telephone costs, Internet access costs) resulting from their use. It is the User's responsibility to find out the price of using the said equipment or services from the operators concerned. The User is solely responsible for their prices.
PAID SERVICE FOR COMPANIES AND ORGANIZATIONS
Squadeasy is a multi-activity team building platform (walking, cycling, running, quiz) available on the AppStore, Google Play and on squadeasy.com .
Depending on the option chosen by the client company, partner brands chosen for the quality of their products and their ethics can be brought to reward the user's commitment throughout the service.
The client company can also decide to set up incentives, both individual and collective, for the benefit of a charity for example.
Article 6 : USE OF SERVICES
Squadeasy services are available on : Android - from version 8 and iPhone - from iOS 13. Squadeasy services are not available on Windows Phone.
Article 7: LIABILITY - CONTENT OF THE APPLICATION AND/OR THE SITE
The information on the challenge, the quizzes, the CO2 spent or saved, the number of points, the number of kilometers, the speed, the pace, the GPS position, the number of steps, the blog posts are provided to the Users for information purposes only and are not contractual in nature (hereinafter referred to as the "Advisory Information").
Squadeasy strives to ensure the accuracy of all Information provided on the Site and/or the Application. However, the latter may contain occasional and unexpected errors or be subject to updates. Squadeasy cannot guarantee the accuracy, precision or completeness of such information made available on the Site and/or the Application.
Consequently, Squadeasy declines all responsibility for any imprecision, inaccuracy or omission concerning the Information available on the Site.
Any User of the Site and/or the Application may notify a complaint or objection regarding elements or content placed on the Site and/or the Application by contacting Squadeasy online at https://www.squadeasy.com/contact-us or by e-mail at firstname.lastname@example.org.
The Site and/or the Application may contain links to third party websites that are not related to Squadeasy. Squadeasy has no control over these third-party websites and shall in no way be held responsible for their content, the services provided by said third parties, or their malfunction. The presence of hyperlinks to third-party sites does not imply that Squadeasy approves of their content in any way whatsoever.
Article 8: MINIMUM AGE
The user must be over fifteen (15) years of age to create an account and use the products of Squadeasy services.
The user must be aware that if he is a minor, his parents or legal guardians (hereinafter referred to as "parents") must give us their consent by contacting us. Our staff will answer any questions that the user and his/her parents may have regarding the use of our products and services as well as the rules regarding the collection of personal data.
If we come into possession of data from persons under the age of fifteen (15), or from a minor who has used our products and services without parental consent, we will be obligated to permanently delete the data from our servers upon notification.
Article 9 : TERMINATION
The user will be able to terminate the game at any time by cancelling his account via a button available on the web and mobile application. The data that identifies the user will then be directly deleted.
In order to guarantee free access to his data, we give the user the possibility to keep his data locally before deleting his account. We do this through a secure procedure.
Article 10: INTELLECTUAL PROPERTY
Squadeasy services belong to the company LiveHappier, SAS registered in the RCS Paris under the number 808 330 377.
LiveHappier, unless otherwise stated, is the owner of all text, graphics, logos, images, photos and videos present on their services.
All elements present on the site, such as graphic elements (including graphic interface), logos, headers, icons, names of services, literary content, computer programs ... are protected by copyright, and remain the full property of their authors. The user is not allowed to use the content or design of the site. The user may not use, copy, modify, create and distribute a derivative work. The user may not reverse engineer or decompile the computer program used in order to extract the source code. Any activity that violates the terms of this Agreement, and that violates copyright, will be prosecuted in accordance with the applicable laws in force and sanctioned under intellectual property law.
Article 11: LIMITATION OF LIABILITY
Each user expressly agrees that the Squadeasy services do not provide medical advice via the services. Content provided through the Services, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, provided by us or other account holders or third parties, are not intended to, and should not be used in place of (a) advice from User's physician or other healthcare professionals, (b) a visit, call or consultation with User's physician or other healthcare professionals, or (c) information contained in a product package or label. If a user has health-related questions, the user should promptly call or consult with the user's physician or other health care provider. If a user has an emergency, they should call their physician immediately. A user should never disregard medical advice or delay seeking medical advice because of any content presented on the Services, and should not use the Services or any content on the Services to diagnose or treat a health condition. The transmission and receipt of our content, in whole or in part, or communication via the internet, email or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between Squadeasy Services and User.
User expressly agrees that his or her athletic activities involve certain inherent and substantial risks of property damage, personal injury, or death, and that each User voluntarily assumes all known and unknown risks associated with such activities, even if caused in whole or in part by the action, inaction, or negligence of Squadeasy Services or by the action, inaction, or negligence of others.
User expressly agrees that Squadeasy Services does not assume responsibility for the inspection, supervision, preparation or conduct of any race, competition, challenge or group activity using the Services, including events organized by a club administrator.
User expressly agrees to release Squadeasy Services its officers, agents, representatives, employees, (the "Released Parties") from any and all liability for any indirect, punitive, incidental, special or consequential damages arising out of or in any way related to User's use or misuse of the Application, in connection with the Sports Activities
Squadeasy Services does not endorse the content of any user and disclaims all liability in this regard
The user is responsible for the use of his/her login and password, which he/she is responsible for keeping confidential. Squadeasy services cannot be held responsible in case of disclosure of his/her login or password by the user.
You agree not to act in such a way as to disrupt the application in any way or to use it in an illegal manner. Accordingly, you agree not to publish information on the application contrary to applicable law, infringing on the rights of third parties, such as rights relating to intellectual property or the privacy of individuals, inciting racial hatred, contrary to public order and morality or constituting crimes and offenses.
Article 12 : Use of the social wall and chat
The chat and social wall is a space to share text, photo, activity, external url link, internal social network to promote social cohesion.
We want users to use the chat and social wall to express themselves and share content that matters to them, but not at the expense of the safety and well-being of others or the integrity of our community.
Users are responsible for the information they post on the chat and social wall. The user agrees not to post political, illegal, misleading, discriminatory or fraudulent content, which infringes or violates third party rights, including intellectual property rights. Squadeasy reserves the right to remove or block content that violates these provisions.
To help us support our community, we encourage you to report any content or conduct that you believe infringes your rights (including your intellectual property rights) or our Terms and Conditions.
You own all of the content, comments and personal information you provide to us, but you grant us and your company, organization the right to be able to reuse, publish and share on social networks a post that has been published on the social wall.
During your use of the Services, you may encounter information and content that is inaccurate, partial, delayed, confusing, illegal, offensive or otherwise harmful. Generally, Squadeasy does not review content posted by its users or others. You acknowledge that we are not responsible for the content and information of third parties (including those of other members). We may not always be able to prevent such misuse of our services, and you acknowledge that we are not responsible in such cases.
We may also remove or restrict access to your content, services or information if we believe that it is reasonably necessary to avoid or mitigate adverse legal or regulatory effects on Squadeasy.
Article 13: SUSPENSION OR TERMINAL TERMINATION OF THE SERVICES
In the event of non-compliance by the User with these GTU, Squadeasy reserves the right to modify, suspend, limit and/or delete the User's account temporarily or permanently without prior notice and to refuse the User access to the Services without the User being able to claim any compensation, and without prejudice to any compensation that Squadeasy may claim for damages suffered.
Article 14: FORCE MAJEURE
Squadeasy services are not responsible for any failure or delay due to extraordinary events beyond their control, including, but not limited to, strikes, lock-outs, Internet connection stoppage by the access provider, cyber-attacks on the Website ("Force Majeure").
In the event of a Force Majeure, the Contract between us shall be automatically suspended for the duration of the Force Majeure, and neither party shall be liable to the other for any delay or failure to perform under the Contract as a result of such event. Provided, however, that the defaulting party shall promptly notify the other party of the occurrence of the Force Majeure event, and shall use reasonable efforts to resume performance of its obligation as soon as possible. It is agreed that during the event of Force Majeure, the other Party may similarly suspend performance of its obligations until the defaulting Party resumes performance of its own obligations. The Parties shall meet in order to determine by mutual agreement the conditions of arrangement or replacement allowing the resumption of the performance of the Contract as soon as possible. In the event of Force Majeure preventing the continuation of the contractual relationship for a period of more than sixty (60) days, the Contract may be terminated by registered letter with acknowledgement of receipt with immediate effect by either of the Parties. Notwithstanding the foregoing, an event of Force Majeure shall in no way excuse or delay the obligations of a Party relating to Confidentiality or Intellectual Property Rights.
Article 15: JURISDICTIONAL COURT AND APPLICABLE LAW
The present GTU and GTC are governed by French law. In the absence of amicable settlement, any difficulty related to their interpretation or validation as well as any dispute between us will be under the exclusive jurisdiction of the court of Paris, France, notwithstanding multiple defendants or warranty claims.
The GTC and GTC are written in French. Any translation of these GTU and GTC is made for information purposes only, only the French version being deemed authentic in case of dispute.
In the absence of an amicable agreement, any dispute relating to the interpretation or execution of the GTU will fall under the exclusive jurisdiction of the courts of Paris.
The fact that one or the other of the Parties does not take advantage of one or several stipulations of the GCU shall not imply in any case the renunciation by this Party to take advantage of it later.
In the event that any provision of these TOU is invalid, illegal, unenforceable or unenforceable in any way, the validity, legality or enforceability of the remaining provisions of these TOU shall not be affected or impaired thereby, and the remaining provisions of the TOU shall remain in full force and effect. CGF may, if necessary, draft a new clause that restores the common will of the Parties as expressed in the initial clause, in compliance with the law in force applicable to these TOU.