Terms of Sale

1. Purpose

These Terms of Sale (hereinafter the “Terms of Sale”) set out the conditions for subscribing to, accessing, using, paying for, renewing and terminating the BetterSport Pro services offered on the bettersport.app website (hereinafter the “Services”), intended for professional clients (hereinafter the “Client”).

2. Identification of the seller / provider

The Services are offered by the publisher of bettersport.app, whose identification details are set out in the Legal notice.

Sales / admin contact: contact@bettersport.app.

3. Definitions

• Site: the bettersport.app website.
• Services: the BetterSport Pro services (SaaS software, management, booking, scheduling, client-relations, payment and visibility features, etc.) offered to professionals.
• Client: any individual or legal entity acting for business purposes who subscribes to the Services.
• Subscription: a plan giving access to the Services for a set term (monthly, yearly or other, depending on the plan taken out).
• Account: the user / professional workspace through which the Services are accessed.

4. Scope

These Terms of Sale apply to any order, subscription or paid use of the Services by a professional Client, unless specific terms have been agreed in writing (quote, contract, purchase order, special conditions, schedules, etc.).

In the event of any conflict between these Terms of Sale and special conditions signed by the parties, the special conditions prevail.

5. Acceptance of the Terms of Sale

Any order, subscription, signed quote, creation of a paid account or paid use of the Services implies the Client’s full and unreserved acceptance of these Terms of Sale.

The Client acknowledges having read the Terms of Sale before subscribing.

6. Description of the Services

The Services supplied to the Client are those described on the Site, in the sales documentation, the demo, the commercial proposal, the quote or the subscription interface, depending on the channel used.

Features, modules, options and service levels may vary according to the plan taken out.

The provider reserves the right to develop the Services (updates, fixes, improvements, interface changes), provided that it does not substantially remove a feature essential to the plan taken out without reasonable prior notice, save where required for technical, legal or security reasons.

7. Ordering / subscription process

7.1 How to subscribe

A subscription may be taken out in particular:

• through the Site (form / subscription interface),
• after an initial contact or a demo,
• through a quote, purchase order or specific contract.

7.2 Formation of the contract

The contract is deemed formed, depending on the case, from:

• the Client’s confirmation of the subscription,
• the order confirmation,
• the signing of the quote / contract,
• receipt of the first payment,
• access to the Services being made available.

8. Conditions of access to the Services

Access to the Services requires an internet connection, compatible equipment and, where applicable, the creation of an Account.

The Client is responsible for:

• keeping its credentials confidential;
• the use made of its organisation’s user accounts;
• the configuration of its equipment and network;
• complying with the rules of use provided to it.

9. Pricing

The prices applicable to the Services are those in force on the day of subscription, as displayed on the Site, communicated to the Client, or set out in a quote / contract.

The provider reserves the right to change its prices for the future. New prices do not apply retroactively to periods already paid for, unless otherwise agreed in the contract.

10. Payment terms

10.1 Means of payment

Payment is made by the means offered at the time of subscription or provided for in the contract (e.g. bank card, direct debit, bank transfer, or another accepted method).

10.2 Payment dates

The Client pays the amounts due according to the billing frequency of the subscription taken out (monthly, yearly or other) and/or on the dates set out in the quote / contract.

10.3 Late payment

In the event of late payment, the provider may, without prejudice to any other action:

• apply late-payment penalties in accordance with the law and/or the contract;
• require immediate payment of the amounts due;
• temporarily suspend access to the Services after a reminder / formal notice;
• terminate the contract on the conditions set out herein.

Professional clients may also owe a fixed debt-recovery indemnity, on the conditions laid down by the applicable regulations.

11. Term – renewal – termination

11.1 Length of the subscription

The subscription is taken out for the term set at the time of the order / subscription:

11.2 Renewal

Unless stated otherwise, the subscription may renew automatically for successive periods of the same length.

The exact renewal arrangements (notice, renewal date, pricing conditions) are those indicated at the time of subscription and/or in the contract.

11.3 Termination by the Client

The Client may terminate its subscription by the means provided at the time of subscription (client area, e-mail, written request, or another channel provided for) and subject to any notice period.

11.4 Termination / suspension by the provider

The provider may suspend or terminate access to the Services in the event of:

• non-payment;
• breach of the Terms of Sale / Terms of Use;
• unlawful or fraudulent use, or use that compromises the security of the Services;
• failure to respect the rights of third parties;
• conduct that harms the proper operation of the Services.

12. The Client’s obligations

The Client undertakes in particular to:

• use the Services in accordance with their purpose and with the Terms of Use / Terms of Sale;
• provide accurate and up-to-date information;
• comply with the laws and regulations applicable to its business;
• hold the rights needed over the content and data used through the Services;
• not harm the security, availability or integrity of the Services;
• keep the access credentials issued to its organisation confidential.

13. Client data – data protection

13.1 Client data

The Client remains responsible for the data, content and information it enters, stores, imports, processes or transmits through the Services.

It is for the Client to make the declarations, give the information and take the steps required under the applicable regulations, in particular as regards the protection of personal data.

13.2 Personal data

The processing of personal data carried out by the provider for its own purposes (running the Site, sales relations, billing, support, security, etc.) is described in the Privacy Policy.

Where the provider processes personal data on the Client’s behalf as part of the Services, the parties’ roles (controller / processor) may be defined in a specific agreement or a data processing schedule.

14. Availability – maintenance – support

The provider endeavours to ensure reasonable availability of the Services, subject to technical constraints, maintenance work, updates and any incidents.

Temporary interruptions may occur for maintenance, security, changes to the Services, or in the event of force majeure.

15. Intellectual property

The provider remains the sole holder of the intellectual property rights relating to the Site, the Services, software, interfaces, trade marks, documentation, developments, content and associated materials.

Subscribing to the Services does not transfer any intellectual property rights to the Client.

The Client is granted a non-exclusive, non-assignable, non-transferable right of use, limited to its internal business needs and to the term of the subscription taken out.

16. Liability

16.1 Best-efforts obligation

The provider is bound by a best-efforts obligation in supplying the Services.

16.2 Limitation of liability

Save in cases of gross negligence, wilful misconduct, breach of an essential obligation, infringement of mandatory rights, or where the law provides otherwise, the provider may not be held liable for indirect loss suffered by the Client (loss of business, loss of revenue, loss of customers, loss of opportunity, damage to reputation, etc.).

In any event, the provider’s total liability, on all grounds combined, may be limited to the amount actually paid by the Client for the Services over the [[last 12 months / other period]] preceding the event giving rise to the loss.

16.3 Third-party services

The provider is not responsible for malfunctions, unavailability or damage linked to third-party services (hosting providers, payment processors, identity providers, integrated services, telecoms operators, etc.) outside its control.

17. Force majeure

Neither party may be held liable for a failure to perform its obligations resulting from an event of force majeure within the meaning of French law and the case law of the French courts.

The affected party will inform the other party as soon as possible and will use its best efforts to limit the consequences of the event.

18. Data portability – end of contract

At the end of the contract or in the event of termination, the Client may retrieve its data in accordance with the arrangements provided for by the plan taken out, the contract or the platform’s procedures.

19. Changes to the Terms of Sale

The provider reserves the right to amend these Terms of Sale at any time in order to reflect changes to the Services, to applicable regulations, to case law or to its organisation.

The applicable Terms of Sale are those in force on the date of subscription / renewal, unless mandatory provisions state otherwise or the parties have agreed specific terms.

20. Governing law and jurisdiction

These Terms of Sale are governed by French law.

In the event of a dispute over their interpretation, validity or performance, and failing an amicable settlement, the competent courts shall be those of Paris, subject to any applicable mandatory rules.

21. Contact