GENERAL CONDITIONS OF USE AND SALE (GCUS)

Last updated: 20/03/2023

This is an agreement (“Agreement”) between you and FIGHT ON.
Please read this document carefully.

You agree to the terms of this Agreement by downloading and/or using the FIGHT ON mobile application (“App”) and/or by using the website www.fighton.app (“Web”). The App and/or the Web are also referred to as the “Service.” You should also read and understand the FIGHT ON Privacy Policy, which is incorporated by reference into this Agreement.
Before using the Service, it is important that you know and understand that by using the Service, you agree to certain legal and health limitations of liability and exclusions, which we explain in more detail throughout this Agreement. In other words, your use of the Service is at your sole risk, and we make no representations or warranties of any kind, express or implied, regarding the Service or your use of the Service.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS, AND GENERAL HEALTH DISCLAIMERS, DO NOT USE THE SERVICE.

1. PREAMBULE

The company FIGHT ON, (hereinafter referred to as “the Company”), a simplified joint stock company with a capital of €1,000, whose registered office is located at 6 passage de la coquille 34740 VENDARGUES, registered in the MONTPELLIER Trade and Companies Register under the number 948215884, represented by Mr. Guillaume MAKRI, acting as President.

The User declares that he/she has read the present CGUV and has accepted them by checking the box provided for this purpose before registering.
The present CGUV are governed by the provisions of the French Civil Code and Consumer Code.

nsommation français.

2. DEFINITIONS

3. HEALTH WARNINGS AND DISCLAIMER

You should consult your physician or other health care professional before using the Service. This is especially true if you, or your family, have a history of high blood pressure or heart disease, or if you have ever felt unwell during exercise. Nothing stated or published on the App and/or the Web is intended to be, and should not be construed as, medical or professional advice or care. Use of the service is at your own risk. For the best prevention of your health when using the FIGHT ON application, please read our professional advice and medical disclaimer below before you begin using the service. FIGHT ON shall not be liable in any way, shape or form for any damages resulting from the use of the service.
You should consult your physician or other health care professional before using the Service to determine whether it meets your needs. This is especially true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain during exercise, smoke, have high cholesterol, or have a bone or joint problem that is aggravated by a change in physical activity. Do not use the Service if your doctor or healthcare professional advises against it. If you experience dizziness, lightheadedness, pain or difficulty breathing at any time during exercise, you should stop immediately.

The service offers information on mobility, flexibility and fitness protocols and is designed for informational purposes only. Nothing indicated or available through the service is intended to be, and should not be considered, medical care, professional advice or counseling. You should not rely on the information in the service as a substitute for, nor as a substitute for, professional medical advice, diagnosis or treatment. If you have any concerns or questions regarding your health, you should always consult a physician or other healthcare professional. Never disregard, avoid or delay seeking medical advice from your health care professional because of something you may have read on the Service. Use of any information provided on the Service is solely at your own risk.

If you are in the United States and believe that you have a medical or health emergency, call your doctor or the emergency medical service (SAMU) immediately by dialing 15.

If you are in the United States and believe you have a medical or health emergency, call your doctor or 911 immediately.
By becoming a FIGHT ON customer with the intent to use the Service, you affirm that all of the following statements are true: You have not been told by a physician that you have a heart condition or that you should only engage in physical activities recommended by a physician; you have never experienced chest pain during physical activity; you have not experienced chest pain when you have not engaged in physical activity in the past few months; you have never lost your balance due to dizziness; and you have never lost consciousness; you do not have any bone or joint problems that could be aggravated by a change in your physical activity; your physician does not currently prescribe medication for your blood pressure or heart disease; you do not have a history of high blood pressure and no one in your immediate family has a history of high blood pressure or heart problems; and you know of no other reason why you should not exercise; or your physician has specifically approved your use of the Service.

If applicable, you further affirm that you are not pregnant or your physician has specifically approved your use of the Service.

4. WHO MAY USE THE SERVICE

By using the Application, and in particular by subscribing to a Subscription, the User acknowledges that he/she is of sound mind, of legal age or a minor, and that he/she has obtained the consent of his/her legal guardians. The User thus acknowledges that he/she has the capacity to contract and is not subject to any legal protection measures for adults. Parents and guardians are responsible for monitoring and supervising the use of the Service by their child. If your child uses the Service without your express consent, please contact us immediately so that we can disable access. If you have any questions about the Service, please contact us at contact@fighton.app
FIGHT ON shall not be held responsible for the registration of a User who does not comply with its instructions

5. GENERAL DISCLAIMERS AND LIMITATION OF LIABILITY

The Company provides the Service “as is” and “as available”. You use the Service at your own risk. The Company makes every effort to allow the User access to the Application 24 hours a day, 7 days a week, except in cases of force majeure and subject to the following.

The Company makes no warranty:

The Company reserves the right to modify the Service. The Company will not be responsible for the loss or corruption of your personal profile, information and other data.

The Company hereby waives any claim for damage to your mobile device.

The Company hereby waives any claim for injury or pain related to the implementation of the tips, exercises and other information delivered by the Application

The Company reserves the right to modify as much as necessary the present CGUV as well as the editorial content and the tariffs, at any time and without notice, according to its evolution and its services, as well as the evolution of the legislation in force. The use of the Site and the Application, platforms, systems and any other functionality offered by the Company is always subject to the most recent version of the CGUV available.
To the extent that any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied and statutory warranties shall be limited in duration to a period of thirty (30) days after the date you first use the Service, and no warranties shall apply after such period.
The Site and the Application warn the User of the need to have a secure internet connection, allowing access to the content from the medium of his choice (tablet, cell phone)
The equipment allowing access to the Site and the Application are the exclusive responsibility of the User, as well as the connection costs incurred by the use.
The Company shall not be held responsible for any misinterpretation or use of the Content and information provided through the Application

6. PURPOSE AND CONDITIONS OF USE OF THE APPLICATION

6.1 Purpose :

The Application can be downloaded from the “Apple Store”, “Google Play Store” and “Android Marketplace” platforms.

The Application provides the User with a digital service allowing access to a database including: quality videos of different types of mobilization movements, muscle and joint warm-ups, dynamic static and ballistic stretching exercises and contracted/released stretching. These exercises help to improve the range of motion in combat sports in particular.
The Application is accessible free of charge to Users with a compatible phone or mobile terminal and access to the Internet, subject to certain features, accessible only to Users who have subscribed to a paid Subscription, such as access to the mobility test each month, personalized mobilization protocols, “extra” protocols, the “Improve my technique” section, warm-ups, progress statistics and the overall mobilization time.

6.2 Registration on the Application

The creation of a Subscriber’s Account requires the User to register beforehand by providing certain mandatory information, namely: name, first name, e-mail and password. The User receives an email confirming the creation of his Account. When registering, the User will have to fill in mandatory and optional fields. The User agrees to provide accurate and sincere information. In case of modification of the information provided, the User commits himself to modify the data recorded on his account.
Registration can also be done through the User’s personal GOOGLE or FACEBOOK account.

The User is solely responsible for the management and confidentiality of his authentication means (e-mail and password), which are personal and confidential. The User alone shall bear the consequences that may result from the loss, disclosure or fraudulent or illicit use of the means of authentication, and the Company shall be liable for any loss or disclosure of its means of authentication, and shall proceed to modify said means of authentication by renewal. The Company shall in no case be held responsible.
Access to the services of the Application requires the creation of an account by the User. This registration is free. The registration allows the User to have access once and for all to certain features of the Application, namely The first mobility test with the discovery of his score, a “personalized training” session, a “improve my technique” session, a “preparation before training” session. The User acknowledges and agrees that he/she can only connect to his/her User account from one mobile device at a time. In case of connections with the same identifiers on several terminals simultaneously, the User will receive a warning by e-mail. If the User repeats the operation, the Company may suspend the Subscription under the conditions of Article 10.2 hereof.

6.3 Unsubscribing

The User may unsubscribe from the Application at any time by accessing the “My Premium” page from the Application.
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The unsubscription is effective as soon as the Company processes his request.
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The User acknowledges that unsubscribing from the Application results in the deletion of all of his/her data on the Application, except for data that must be kept under a legal obligation to retain or for evidentiary purposes.
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However, the User may create a new account at any time by starting the Application registration procedure again.

7 SUBSCRIPTION

THE USER DECLARES THAT HE HAS READ THE PRESENT CGUV IN ITS ENTIRETY AND ACCEPTS FULLY AND WITHOUT RESERVATION THE OBLIGATIONS INCUMBENT UPON HIM. THE USE OF THE APPLICATION AND THE SUBSCRIPTION IMPLIES THE ACCEPTANCE WITHOUT RESTRICTION OR RESERVE OF THE CGUV.
Any creation of a Subscriber Account or validation of a subscription to a Subscription implies the User’s full and unconditional acceptance of the GCUV in effect on the date of the order, which shall be preserved and reproduced by FIGHT ON in accordance with the provisions of Article 1127-2 of the French Civil Code.

7.1 Duration

The Subscription shall be for the duration of the User’s choice:

7.2 Proof of subscription to a Subscription

The computerized registers, kept in the Company’s computer systems under reasonable security conditions, will be considered as proof of the communications, subscriptions and payments made between the parties.
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It is expressly agreed that, in the absence of proof to the contrary, the data recorded in the Company’s computer system shall constitute proof of all transactions concluded with the User.

8 PRICES AND PAYMENT METHODS

8.1 Price

The price of the Subscription is indicated in Euros, including all taxes. Consequently, exchange charges may be applied by the User’s bank in the event of payment in foreign currency.
Payment shall be made at the time of subscription, by credit card (CB, Visa, MasterCard, American Express) via the secure Stripe payment platform, where the User shall directly enter his/her bank details, via Paypal, iTunes or Google Play. Under no circumstances shall FIGHT ON have access to the User’s bank details.
The Company reserves the right to modify these Terms and Conditions of Use as well as the editorial content and rates at any time and without prior notice, depending on the Company’s development and services, as well as changes in current legislation. The use of the Site and the Application, platforms, systems and any other functionality offered by the Company is always subject to the most recent version of the CGUV available.

In case of non-acceptance of the new rates, the User reserves the right to refuse the modification by terminating his Subscription before the rate modification comes into effect.
Unless the User cancels within the non-renewal deadline, the Monthly, Semi-annual and Annual Subscription will be tacitly renewed for a new identical period (1 month, 6 months, 12 months depending on the duration of the chosen subscription). Consequently, the payment of the entire subscription, i.e. one (1), six (6) or twelve (12) monthly instalments, will automatically be made by direct debit to the same payment method, i.e. to the bank card whose details the User has previously provided, or via the Paypal, Itunes or Google Play Account used. In no case will the Company have access to the User’s bank details.

8.2 Incident of payment

In the event of total or partial non-payment of a single installment by the agreed date, access to the programs and all content is suspended until the situation is regularized. The Company will immediately inform the User of the suspension of access to the programs and content, indicating that he/she has a period of one (1) month to regularize the situation. If the situation is not remedied within the period specified, the Subscription will be terminated by the Company, notwithstanding the Company’s right to claim damages for non-payment of the price.
The User will no longer be able to access his/her Subscriber Account in the event of an unresolved payment incident.
It is the User’s responsibility to update his bank account information in a timely manner and to inform the Company, as well as any payment incident. If the User fails to update his bank details (especially in the event of a change of bank card), his account may be suspended until valid details are updated.

9. RIGHT OF WITHDRAWAL

As a matter of principle, in the event of a remote subscription to a Subscription, the User has a right of withdrawal pursuant to Articles L. 221-1 et seq. of the French Consumer Code, which may be exercised within fourteen (14) days from the date of subscription to the offer or formula, unless the User has triggered the immediate provision of the service. The date of acceptance of the offer corresponds to the date of subscription of the Subscription at the time of its payment. As of the subscription of the offer or the formula, the User will have a period of fourteen (14) days to exercise his right of withdrawal on the Subscription subscribed and not triggered by writing to the address contact@fighton.app. Subject to compliance with the conditions stipulated above for exercising the right of withdrawal, the User will be fully reimbursed for the sums paid by him/her within 14 days of the Company’s receipt of the request.

10. CANCELLATION

Subscriptions will remain in force and will be tacitly renewed on their anniversary date, until terminated by the User or the Company.

10.1 Termination by the User

The User is free to terminate his Subscription at any time by sending his request to the Company by email at the following address: contact@fighton.app or by accessing the “My Premium” page from the Application.
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Termination will be effective as of the end of the current billing period. The services subscribed to under this Subscription remain accessible until this date.
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For paid Subscriptions, no refunds will be given for termination of the Subscription during a billing period. Any billing period started is due in full.

10.2 Termination by the Company

The Company reserves the right to terminate a Subscription and/or close a Premium Account at any time in the event of fraudulent or illicit use of a User’s authentication means (user and/or password), in the event of violation of the present CGUV, as well as in the event of non-payment of one of the monthly instalments, in the hypothesis provided for in article 8.2.
In this case, the User acknowledges having been informed that the Subscription will be terminated by the Company, without the possibility for the User to claim any compensation or reimbursement of the subscription period remaining on the day of the termination.

11. OBLIGATIONS OF THE PARTIES

11.1 Obligations of the User

It is the User’s responsibility to adapt the exercises, the frequency and the resting time, according to his state of health and his physical and respiratory capacities according to his rhythm, his strength and his morphology. In case of doubt, it is up to the User to seek advice from his doctor to ensure the compatibility of the proposed services with his state of health.

The User must ensure that he/she has a civil liability insurance covering any physical and/or material damage that he/she is likely to cause to himself/herself or to others, within the framework of the viewing of the videos and the reproduction of the exercises made available.

The User undertakes, in consideration of access to the Application and its use free of charge or for a fee, to comply with its obligations hereunder, and, where applicable, the terms of the Subscription to which it has subscribed.
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The User is authorized to download the Application for his own needs, for strictly personal and non-commercial use, without direct or indirect profit-making purposes.
It is strictly forbidden to perform or assist a third party to perform any or all of the following actions:
Copy, store, reproduce, transmit, modify, alter, disassemble, imitate, decompile or disassemble the Site and the Application, including its services and content in any way, or create derivative works therefrom;
Use all or any part of the Site and the Application, the services or their content to create a tool or software that can be used to create software applications of any kind;
Make available to the public in any manner whatsoever (transfer, rental, loan, distribution, reproduction, etc.), whether free of charge or for a fee, all or part of the Site/Application, the services or their content;
Alter all or part of the Site/Application, the services or their content or circumvent any technology used by FIGHT ON or its licensors to protect all content accessible through the Site and its services;
Circumvent the security measures of the Site/Application and access any unauthorized portion or functionality of the Site/Application and services;
Circumventing territorial restrictions applied to the Site/Application and services; or more generally

11.2 Obligations of the Company

The Company undertakes to provide the User with access to its Application in accordance with the terms and conditions defined in these TOU and, where applicable, in accordance with the characteristics of the Subscription to which he has subscribed.?
The Company undertakes, moreover, to implement all the means at its disposal to secure access and use of the Application, and the User’s personal data.

The User is informed that the Company may have to temporarily interrupt access to the Application for technical reasons, and in particular to carry out maintenance. The User expressly accepts such interruptions and waives any claim in this respect, regardless of the circumstances of the said interruption.

12. INTELLECTUAL PROPERTY

The corporate names, trademarks and distinctive signs reproduced on the Website and/or the Application are protected under trademark and copyright law, and are the exclusive property of FIGHT ON. The Website, the Application and all of their elements, namely the texts, comments, works, illustrations, images, photographs, videos and all other graphic or visual elements reproduced or represented on the Website and/or the Application are strictly reserved under copyright law as well as under Intellectual Property law for the entire world. Any reproduction or representation, in whole or in part, of the Site, the Application and their contents, including videos, and of all other graphic or visual elements or of all or part of the elements found directly on the Site and/or the Application or indirectly linked to the Site or the Application is strictly forbidden. The User is strictly prohibited from accessing and/or using the source codes of the Application and/or the software components of the Application.

13. PERSONAL DATA

The FIGHT ON Company, which operates the Website and the Application, is a data controller within the meaning of the Regulations in force (including Regulation (EU) No. 2016/679 on the protection of personal data applicable as of May 25, 2018, Law No. 78-17 of January 6, 1978, known as the “Loi Informatique et Liberté” (Data Protection Act), as amended, and any regulations supplementing, amending or replacing the latter).

13.1 Collection of data

Account creation: During the creation of the User account, the data collected are the following:

The personal data collected from Users is intended to provide services related to the Application, improve them and maintain a secure environment. The uses are as follows:

13.2 Transfer of data

Personal data remains within the EU or EEA. It is stored on Stripe, OVH and Google servers. Information on data transfers as well as the personal data policies of Stripe, OVH and Google are accessible directly from their websites. Personal data collected and processed by FIGHT ON may be transferred to business partners, technical partners, suppliers and independent third parties who contribute to FIGHT ON’s contractual relationships.

13.3 Rights to Personal Data

The User has the following rights, free of charge :

The Platform reserves the right to make any changes to this Privacy Policy at any time. In the event of a change to this clause, the Platform undertakes to publish the new version on its Application. It will also inform the User of the modification by e-mail, at least 15 days before the effective date. If the User does not agree with the terms of the new wording of the personal data protection clause, he/she shall have the option of deleting his/her account and unsubscribing from the services offered by FIGHT ON

14 APPLICABLE LAW

These Terms are governed by French law.
Subject to the applicable mandatory legal provisions, the French courts shall have exclusive jurisdiction over any dispute relating to the interpretation, application and performance of these Terms, as well as any dispute relating to the use of the platform.