1. Purpose
The purpose of these Terms of Use (hereinafter the “Terms”) is to set out the conditions under which users access the bettersport.app website (hereinafter the “Site”) and use its features.
The Site presents in particular the BetterSport Pro services intended for professionals (e.g. management, booking, scheduling, client relations, payments, visibility and other features related to sport and wellbeing businesses), and may allow visitors to get in touch, request a demo, create an account or access certain online services.
2. Scope
These Terms apply to every user of the Site, whether a casual visitor, a prospect, a professional client or a user logged in to a BetterSport Pro account.
Certain features or services may be covered by additional contractual terms (for example Terms of Sale, a service agreement, a quote, or specific documentation). In the event of any conflict, those specific documents prevail for the part concerned.
3. Acceptance of the Terms
Accessing and using the Site implies full and unreserved acceptance of these Terms.
Users who do not accept all or part of the Terms are asked not to use the Site or the associated services.
4. Access to the Site
4.1 Conditions of access
The Site is accessible over the internet, subject to availability, maintenance work and the technical limitations inherent to the internet network.
The user is responsible for:
- putting in place the computing and telecoms resources needed to access the Site;
- the proper working order of their equipment and internet connection;
- internet connection and subscription costs, which remain payable by them.
4.2 Suspension / interruption
The publisher reserves the right to suspend, restrict or temporarily interrupt access to all or part of the Site for maintenance, updates or security reasons, or in the event of a technical incident.
The publisher endeavours, as far as possible, to limit the impact of such interruptions on users.
5. User account (where applicable)
Some features of the Site or of the BetterSport Pro services may require a user account (professional workspace) to be created, or the use of a third-party authentication system (for example signing in through an identity provider, where offered).
5.1 Creating an account and accuracy of information
The user undertakes to provide accurate, complete and current information when creating their account, and to keep it up to date for as long as they use the services.
5.2 Credentials and security
Login credentials are personal and confidential. The user is responsible for keeping them safe and undertakes not to share them with unauthorised third parties.
Any login or action carried out through the user’s account is deemed to have been performed by that user, unless fraudulent use not attributable to their own fault can be proven.
5.3 Reporting an incident
In the event of loss or theft of credentials, unauthorised use, or any suspected breach of account security, the user must inform the publisher as soon as possible at the following address: contact@bettersport.app.
6. Permitted use of the Site and the services
The user undertakes to use the Site and, where applicable, the services available through BetterSport Pro, in accordance with:
- these Terms;
- applicable laws and regulations;
- the rights of third parties;
- sound security practice and reasonable use of online services.
7. Prohibited conduct
The following are prohibited, without this list being exhaustive:
- any unlawful, fraudulent, defamatory or abusive use, or any use that infringes the rights of third parties;
- any attempt to gain unauthorised access to systems, accounts, data or resources;
- any action intended to disrupt, overload, slow down or compromise the operation of the Site;
- introducing viruses, malicious scripts, bots or unauthorised data-collection mechanisms;
- the unauthorised reproduction, extraction, reuse, scraping or exploitation of content, data or features;
- using the Site to transmit content that is unlawful, misleading, hateful, violent, counterfeit or contrary to public order;
- breaching the rules applicable to the protection of personal data when using the services professionally.
8. Content and data supplied by the user
The user is solely responsible for the information, content, documents, messages, client data and business data they enter, send or process through the BetterSport Pro services.
They warrant that they hold all the rights, authorisations and legal bases needed to use that data in the course of their business and through the services provided.
The user undertakes not to send content that is unlawful or counterfeit, or that infringes intellectual property rights, privacy or the image rights of third parties.
9. Intellectual property
The Site, its structure, texts, graphics, logos, trade marks, interfaces, features, databases, software components and all associated content are protected by intellectual property rights and remain the exclusive property of the publisher and/or its partners or licensors.
Accessing the Site or using the services does not in itself transfer any intellectual property rights to the user.
The user is granted only a right of personal use (or internal business use, where acting for an organisation) within the normal course of using the Site and the services, to the exclusion of any right of reproduction, adaptation, distribution, resale or unauthorised making available.
10. Personal data and cookies
The publisher may process personal data in connection with running the Site and the associated services. How that processing is carried out is set out in the Privacy Policy.
The use of cookies and other trackers is described in the Cookie Policy.
When using the BetterSport Pro services in the course of their business, the user undertakes to comply with the rules applicable to the protection of personal data (GDPR, the French Data Protection Act, and so on) for the data they collect and process.
11. Security
The publisher implements reasonable technical and organisational measures to secure the Site and the services. The user nevertheless acknowledges that the internet is not a fully secure environment.
The user undertakes to adopt appropriate security measures (strong passwords, protected access, up-to-date equipment, care with shared access, and so on).
12. Liability
12.1 Best-efforts obligation
The publisher is bound by a best-efforts obligation as regards the accessibility and proper working of the Site and the services.
12.2 Limitation of liability
The publisher may not be held liable for direct or indirect loss arising in particular from:
- the use of, or the inability to use, the Site or certain services;
- errors, bugs, interruptions, slowdowns or technical incompatibilities;
- use of the services by the user that does not comply with these Terms;
- the fraudulent intervention of a third party;
- third-party content, services or sites reached through hypertext links.
12.3 Data and backups
Unless specifically agreed otherwise, the user remains responsible for backing up their data, exports, documents and business information.
13. Hypertext links and third-party services
The Site may contain links to third-party sites, applications or services. These links are provided for information or for convenience. The publisher does not control these third-party services and accepts no liability for their content, their availability, their privacy policy or their practices.
Use of third-party services is governed by those third parties’ own terms and policies.
14. Suspension / termination of access
In the event of a breach of these Terms, unlawful or fraudulent use, a compromise of the Site’s security, or a failure to respect the rights of third parties, the publisher reserves the right, without prejudice to any other action, to:
- temporarily suspend access to all or part of the Site or the services;
- restrict certain features;
- delete or deactivate a user account (where applicable), after formal notice where circumstances allow.
15. Changes to the Terms
The publisher reserves the right to amend these Terms at any time, in particular to reflect changes to the Site, the services, applicable regulations or case law.
The version that applies is the one published on the Site on the date of consultation. Where changes are substantial and affect users who hold an account, notice may be given by any appropriate means.
16. Governing law and jurisdiction
These Terms are governed by French law.
In the event of a dispute over the interpretation, validity or performance of these Terms, and failing an amicable settlement, the competent courts shall be those of Paris, subject to any applicable mandatory rules.