General Terms and Conditions of Use of PHYA

I. Definitions

“Account”: personal space created by the User on Phya to access the Services.

“General Conditions”: this document expressing the General Conditions of Use of Phya.

“Element”: texts, photographs, images, videos, information, data, including any personal data and any other form of content posted online by BodyStat or by a User on Phya.

“Premium Content”: services, features or any other paid content that would be provided by Phya, accessible to Users against the payment of specific fees in accordance with the pricing terms and the General Payment Conditions defined by the General Terms and Conditions. Premium Content offers additional benefits compared to Phya's free content and is subject to separate pricing terms and conditions.

“Fees”: amount to be paid by the User if he wishes to access Premium Content.

“Phya”: mobile application published by BodyStat, including its content (including editorial content, illustrations, images, graphic design, logo, brand, works), software, programs, tools, databases, documentation and all other elements and services that compose it, as well as the updates, evolutions and new versions that may be produced.

“Privacy Policy”: policy informing the User of the processing of his personal data in connection with the use of Phya.

“Services”: all the functionalities and services to which the User has access on Phya.

“User”: a natural person who is a user of Phya, with full capacity to register and use Phya.

II. General Conditions

Phya is put at the disposal of Users by Bodystat, subject to compliance with these General Conditions.

BY REGISTERING WITH PHYA OR USING ITS SERVICES, THE USER ACCEPTS THESE GENERAL CONDITIONS WITHOUT RESERVATION OR RESTRICTION.

IF THE USER DOES NOT ACCEPT THESE GENERAL CONDITIONS, HE SHOULD NOT ACCESS PHYA OR USE THE SERVICES.

The General Conditions are available at any time on Phya where they are directly searchable, downloadable and printable. The User acknowledges that he has the possibility of disposing of them and saving them on a durable medium.

III. Access to Phya

Download

Uploading Phya to the application stores (App Store and Google Play Store) is by nature free. The User acknowledges that all costs incurred by him to access the Internet, Phya, any necessary sports spaces, as well as any hardware or software that he would need to use Phya, are at his expense.

Minor

The use of Phya and the Services is restricted to persons who are at least eighteen (18) years of age or the legal age of majority where they reside to use the Services. In this context, the User confirms that they have reached the age of majority required to use the Services or attests that their parent or the person with parental authority has examined and accepted these General Terms and Conditions on their behalf.

In this respect, persons with parental authority over a minor acknowledge that they are aware that the nature or form of certain Phya Services and information may not be appropriate for consultation by a minor. They are therefore invited to monitor the use of Phya made by the minor. Persons with parental authority are informed that they may object to the processing of the minor's personal data and the dissemination of his image at any time by sending a message to the following email address: support@phya.co.

BodyStat may request proof from the User at any time and delete any Account in the event of not receiving this proof.

Registration and Account

To use Phya, the User is required to create an Account.

It is necessary to fill out a registration form, some of which is mandatory.

The User undertakes not to create a false identity likely to mislead or usurp the identity of another natural person.

To use the Services, the User agrees to: (a) provide true, accurate, current, and complete information about himself (“Athlete Data”); and, (b) maintain and update his Athlete Data.

The User agrees that BodyStat may use his Athlete Data in order to provide the Services that he accesses or uses and as defined in these General Conditions.

Security

BodyStat strives to secure Phya in accordance with the rules of the art and taking into account the complexity of the Internet. BodyStat cannot guarantee absolute security of the Account, the User Elements or the personal information provided.

BodyStat cannot promise that its security measures will prevent third-party “hackers” from illegally accessing the Services or their content.

The User is solely responsible for maintaining the confidentiality of the password associated with his Account and for restricting access to his password and mobile devices while connected to the Services.

The User Account on Phya is purely personal. The User undertakes never to allow a third party to use it in his place or on his behalf, unless he bears full responsibility for it. The User thus accepts responsibility for all activities that take place under their Account or from their mobile devices.

BodyStat strives to use appropriate security measures to protect the User against unauthorized access to his Account.

The User agrees to immediately notify BodyStat of any unauthorized use of their Account or password, or any other breach of security.

IV. Phya Services

Registration on Phya allows access to Services divided mainly into three themes:

• Learn: the User assesses his starting level, obtains his skills pentagon and evaluates his progress at regular intervals.

• Train: the User trains with a tailor-made program, assesses and adjusts his program.

• Play: the User completes challenges proposed in particular by high-level athletes, enters rankings, can win gifts and share his performances. If the User participates in contests in this context, he undertakes to have read and accepted its rules.

The User also has access to a dashboard allowing him to monitor his performance, statistics and evolution. The User will be able to share his performances outside of Phya, for which he remains solely responsible.

At this stage, the Services are in principle provided free of charge. In this context, BodyStat reserves the right to modify, extend or restrict the Services and their contents at its sole discretion.

BodyStat reserves the right to introduce paid Premium Content. In this case, these Premium Contents will be offered as additional options for Users, then subject to payment terms provided for in Article V below. The User reserves the right to choose to subscribe or not to subscribe to these Premium Contents. The User may modify his choice at any time in accordance with the specific conditions of which the User will have been informed by BodyStat.

V. Fees (possible Premium Content)

Principle

The scope of Services available free of charge for use by the User depends on whether or not you subscribe to any Premium Content offered by BodyStat. If no Premium Content is subscribed to by the User, the Services are free, and the User does not give BodyStat any benefit in return.

Payments — Access to Premium Content

To subscribe to any Premium Content, the User must pay the Fees mentioned on Phya.

All Fees are payable in advance by the payment method (s) mentioned by BodyStat.

If the User has paid via Google Play Store or App Store, he can change his payment method by accessing his account on the store concerned. If his payment provider determines that there are fraudulent charges on his account resulting from the use of his payment method for the Services, he should immediately contact BodyStat at this email address: support@phya.co.

Fees are subject to change. However, BodyStat guarantees that the price invoiced to the User will be the price displayed when subscribing. Price changes will apply to any new Premium Content subscriptions.

Once the Premium Content has been paid, the User will be able to track his subscriptions from his dashboard.

Waiver of the right of withdrawal

Any Premium Content offered for a fee by BodyStat is digital content not provided on a physical medium as defined in Directive 2011/83/EU.

As such, these Premium Contents fall within the scope of the provisions of Article L.221-28, 13° of the Consumer Code, which provides that the right of withdrawal does not apply to contracts for the supply of digital content not supplied on a physical medium whose execution has begun after prior agreement by the consumer and express waiver of his right of withdrawal.

The User therefore acknowledges having been informed of this and:

(a) expressly giving his express agreement for the provision of Premium Content to begin before the expiry of the withdrawal period;
(b) therefore expressly and unreservedly renounce this right of withdrawal.

VI. Content and conduct

User Elements

The User is the owner of the Elements distributed, published and/or transmitted on or via Phya and in particular the data, information, texts, photographs, videos, messages, or any other material that he puts online with the Services.

The User grants BodyStat a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, distribute and publicly display these Elements on Phya. This license ends when he deletes his Items or Account.

The User is fully responsible for the Materials that he uploads, publishes, sends, transmits, or otherwise makes available by email or other means, through or from the Services. BodyStat does not usually screen or monitor Materials posted to the Services by others and, as such, cannot guarantee the accuracy, integrity, or quality of such Materials. BodyStat may, at its sole discretion, filter, monitor, hide, refuse, or remove any Item, or remove any Item that violates the Terms and Conditions or is otherwise objectionable. Under no circumstances will BodyStat be responsible in any way for User Materials, including, but not limited to, errors or omissions in an Element present within Phya, or for losses or damages resulting from the use of an Element made available on the Services. The User agrees to bear all risks associated with the use of an Item available in connection with the Services, including when these risks depend on the accuracy, completeness, or usefulness of said Item.

If User Materials violate these General Terms and Conditions, the User will bear legal responsibility for these Elements.

Conduct

BodyStat expects the User to comply with the BodyStat standards of conduct set out below.

The Services are for personal, non-commercial use. The User may not modify, copy, distribute, transmit, display, represent, reproduce, publish, license, create derivative works, transfer or sell for commercial purposes any portion of the Services, the use of the Services, or access to the Materials published on them.

The User may not use the Services to commit, or assist or encourage another party to commit, any of the following prohibited activities:

1. Copy, frame, or reproduce any portion of the Services;
2. Access the Services to monitor their availability, performance, or functionality;
3. Publish, transmit, distribute, or store content, materials, information, or data that:
   • are illegal, contrary to public order and decency, obscene, defamatory, abusive, threatening, harassing, obscene, pornographic, abusive, or hateful, or that encourage violence;
   • are harmful or disruptive to the Services or networks, third-party equipment, applications, services, or websites (e.g., viruses, worms, Trojan horses, etc.);
   • infringe, weaken, misappropriate, or otherwise violate privacy, intellectual property, publicity, or other personal rights, including, but not limited to, copyrights, patents, trademarks, trade secrets, or other proprietary information (including unauthorized use of domain names);
   • are fraudulent or contain false, misleading statements, or representations false or misleading (such as “phishing”);
4. Divert the purpose of Phya to do propaganda, proselytism or solicitation;
5. Attempt to disrupt, degrade, reduce, or violate the integrity or security of the Services or another party's computers, services, accounts, or networks (including, without limitation, “hacking,” denial-of-service attacks, etc.), including any activity that usually precedes attempts to breach security such as analytics, surveys, or other vulnerability assessment activities, or to engage in or allow for network or hosting activities that result in blacklisting or other blocking of the BodyStat internet protocol space;
6. Avoid paying taxes or fees payable by himself in respect of the Services;
7. Commit an act that may harm minors;
8. Distribute or disclose part of the Services in any medium, including, but not limited to, automated or non-automated “data reproduction”;
9. Use any automated system, including, but not limited to, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more requests to BodyStat than a human could reasonably produce over the same period of time using a conventional web browser;
10. Take any action that imposes, or may impose, an unreasonable or disproportionate load on BodyStat's infrastructure;
11. Collect or collect information about an identified or identifiable person, including account names and information about users of the Services, from the Services;
12. Use the Services for inappropriate commercial solicitation;
13. Access content on the Services through technology or means other than those provided or authorized by the Services;
14. Submit any personally identifiable information to the Services or to BodyStat, except as necessary for the establishment and operation of its Account;
15. Submit any information to the Services or BodyStat that may be protected from disclosure by applicable law;
16. Circumvent measures that BodyStat may use to prevent or restrict access to the Services, including, but not limited to, features that prevent or restrict the use or copying of any content or impose limitations on the use of the Services or the content of the Services;
17. Violate any applicable law, ordinance, or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
18. Remove any copyright, trademark, or other proprietary rights notice contained in or on the Services;
19. Perform any form of network monitoring or operate a network analyzer or packet sniffer or other technologies for the purpose of intercepting, decoding, extracting, or displaying packets used to communicate between the Service's servers or any data that is not intended for it.

In addition, the User undertakes to participate in an ethical and loyal manner in the challenges, contests and other interactive activities offered on Phya. Cheating, including but not limited to the use of unfair means, unauthorized third party software, or any other action to falsify or alter the results, is strictly prohibited.

BodyStat reserves the right to take appropriate measures, including disqualifying and/or suspending the User, in the event of a breach of this clause.

Finally, the User declares and guarantees that:
(a) he is authorized to create his Account;
(b) he is the owner of the Materials published by him on or through the Services or has the right to grant the rights and licenses set out in these General Conditions;
(c) the display and use of his Materials on or through the Services does not violate, will not violate, do not infringe the rights of a third party, and including, but not limited to, privacy rights, image rights, data protection, the publicity rights, copyright, trademark rights, and/or other intellectual property rights; and
(d) it agrees to be responsible for, to guarantee BodyStat, and to pay all royalties, fees, and other amounts due as a result of the Materials it posts on or through the Services.

VII. Medical warning

It is up to the User to take the necessary precautions to ensure that they are in good health and physically able to practice the training and challenges offered on Phya. For this, it is strongly recommended to consult a doctor or health professional before following the workouts offered on Phya, in particular if the User has pre-existing medical problems, injuries, or health concerns.

The User thus declares that he has no medical contraindications with regard to the practice of one or more physical activities and in particular with regard to:
(a) his family history in his family;
(b) his state of health and physical condition; and,
(c) his physical pathologies.

The User undertakes to select training levels adapted to his physical abilities, to adjust them according to his state of health, to assess the risks, to respect his limits, and to immediately interrupt all training in the event of difficulty or pain.

BodyStat declines all responsibility in the event of negligence on the part of Users with regard to these medical recommendations and warnings.

VIII. Intellectual property rights

The brands, logos, signs present on Phya, as well as Phya itself and all its components, including the Elements inserted by BodyStat into Phya are the property of BodyStat or its partners, and benefit from the protection offered by intellectual property regulations. The User may not use or display these brands, logos and signs in any way without the prior written permission of BodyStat.

BodyStat grants the User a personal right and a license, revocable, non-transferable, non-exclusive and not subject to any sublicense, to access and use Phya and its Services. None of the provisions hereof, as well as the provision of Phya, may thus be interpreted as involving any transfer of intellectual property to the benefit of the User.

The User undertakes to:
• not (and not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or attempt to discover the source code in any other way, sell, assign, sublicense, grant a guarantee in or transfer any right to Phya and/or its Services, except
as permitted by law; • not to reproduce, represent or adapt, under any circumstances form, whether it is, all or part of Phya or the intellectual property elements of the BodyStat without his prior written consent.

BodyStat is the owner of the databases made available to the User within the framework of Phya and is their producer within the meaning of article L341-1 of the Intellectual Property Code. As such, BodyStat prohibits the User:
• the extraction, through a definitive or temporary transfer, of all or a qualitatively or quantitatively substantial part of the content of its database on another medium, by any means and in any form whatsoever;
• the reuse, by putting all or a qualitatively or quantitatively substantial part of the content of its database at the disposal of the public, regardless of the form;
• the repeated or systematic extraction or reuse of parts qualitatively or quantitatively insubstantial of the content of its database when these operations clearly exceed the normal General Conditions of Use of the database.

BodyStat reserves all rights not expressly granted hereunder.

IX. Liability

Commitment and responsibility of the User

By accepting these General Conditions, the User guarantees BodyStat against any action that may be taken against him or any complaint that may be filed against him as a result of the use of the Services in conditions that do not comply with these General Conditions.

By accessing Phya, the User acknowledges:
• that it is up to him to take any measures he deems appropriate to ensure the security of his equipment and his own data, in particular against contamination by any virus and/or attempted intrusion of which he may be a victim;
• that he is solely responsible for the decisions he takes following consultation of the Services, that it is recommended that he consult other sources of information and carry out his own research;
• that the sources Information disseminated on Phya are deemed reliable but are not free from defects, errors, or omissions.

The User is solely responsible for the Elements that he inserts on Phya, that he sends electronically, that he downloads and that he transmits in any other way via Phya. The User acknowledges that the Elements put online by another User are the responsibility of the latter, BodyStat having no a prior control over them.

In any event, the User undertakes to use Phya and the Services in compliance with the laws and regulations in force that are applicable to him and the rights of others, and the standards of conduct mentioned in article IV of these General Conditions.

Failure to comply with these General Conditions may result in the immediate and automatic withdrawal of the Disputed Elements, a warning, suspension and/or permanent, immediate and automatic closure of the Account of the offending User, and to deny him access to all or part of the Services in the future, without prejudice to any possible damages that BodyStat would be entitled to claim. The User will not be able to request any compensation in these cases.

Limitation of BodyStat's liability

BodyStat cannot be held responsible in the event of a User's breach of these General Conditions.

BodyStat acts in accordance with the regulations as a host.

BodyStat will also not be liable in the event
of: • damages incurred during any learning, training or challenge;
• loss, delay or error in data transmission when using Phya;
• loss of information and User Elements available within Phya.

BodyStat will try, as far as possible, to keep Phya accessible. However, it cannot be held responsible in the event of the non-functioning of Phya or an impossibility of access to the Services due to force majeure or external circumstances, in particular problems related to the network, the Internet or the method of connecting to the network.

BodyStat reserves the right to interrupt access to Phya for reasons of maintenance, updating, security or any other reason, in particular technical reasons, without any obligation to give notice to the User. Consequently, BodyStat cannot be held responsible for the consequences of these interruptions.

Finally, BodyStat does not guarantee the relevance and accuracy of the information published on Phya by Users.

X. Personal data

When the User registers with Phya and uses the Services, his personal data is processed by BodyStat in accordance with the regulations in force. The User is informed, when registering, of the processing of his personal data as explained in the Privacy Policy available on Phya.

XI. Applicable law and settlement of disputes

These General Terms and Conditions are subject to and governed by French law.

Except in cases of emergency, the Parties undertake, in the event of difficulties in the execution of the General Conditions and prior to any legal procedure, to seek an amicable settlement of their dispute. The User may send complaints to this email address support@phya.co or by post to the address of BodyStat mentioned in the preamble to the General Conditions, mentioning the difficulties and/or shortcomings noted.

For complaints concerning Premium Content, in the event of a response deemed unsatisfactory by the User or in the absence of a response from BodyStat within fifteen (15) days of receiving the complaint, the User may request the services of the consumer mediator to which BodyStat has joined, free of charge.

In the event that one of the Parties refuses the mediation proposal, or if no amicable agreement is reached, each of the Parties may initiate proceedings before the French courts (or any other jurisdiction competent for the User).

In addition, the User is informed that in accordance with article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent extrajudicial resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

XII. General provisions

Hypertext links: BodyStat may provide hypertext links to other websites or resources via the Services. BodyStat does not endorse and is not responsible for any content, information, advertising, products, or other materials appearing or made available on these sites or resources. The User acknowledges and accepts that BodyStat is not responsible for the availability of these external sites or resources, their content, information, products and services.

Independence of the clauses: It is formally agreed between the Parties that any tolerance or waiver by one of the Parties, in the application of all or part of the commitments provided for herein, regardless of their frequency and duration, cannot constitute a modification of these terms, nor be capable of creating any right. In the event that a clause of these General Terms and Conditions is cancelled, its nullity may not affect the other stipulations, nor affect the validity of these General Terms and Conditions as a whole. The Parties will then endeavor to modify the invalid clause so that it meets the rule while respecting the balance and objectives hereof.

Force majeure: The obligations set out in these Terms will be suspended in the event of a force majeure event. In this case, BodyStat cannot be held responsible for any delay or non-performance of its obligations.

Technical assistance: BodyStat provides the User with technical assistance. Any request for assistance will be made directly to BodyStat, at the following email address support@phya.co or directly via the contact form located within Phya.

XIII. Modification of the General Terms and Conditions and Services

BodyStat may make improvements and/or changes to Phya and its Services at any time and for any reason at its sole discretion. Phya may download and install upgrades, updates, and additional features to improve, enrich, and further develop the Services. BodyStat reserves the right at any time to modify or discontinue, temporarily or permanently, Phya, the Services or part of them with or without notice. The User agrees that BodyStat will not be responsible to him or to a third party for any modification, suspension or interruption of the Services.

BodyStat reserves the right to modify all or part of these General Conditions unilaterally and at any time, in particular in order to adapt them to changes in its Services or to technical, legal or jurisprudential developments. BodyStat will notify Users of any significant changes to the General Conditions and/or the Services. By continuing to access or use the Services after notification, the User agrees to be bound by the modified General Terms and Conditions. For Premium Content, the amended General Terms and Conditions will apply as of a new subscription. If the modified Terms do not seem acceptable to the User, he has the option of stopping using the Services.

XIV. Questions or suggestions

For any questions or suggestions concerning Phya, its Services and the General Conditions, the User can send an email to this address: support@phya.co.