Terms and Conditions

ARTICLE 1. DEFINITIONS

For the purposes of these general terms and conditions of use, the expressions below shall have the following definitions:

• ToS: refers to these general terms and conditions of use applicable to the Services.
• Coach: Any sports professional with a personal space on the Platform (the "Personal Account") who offers Services. As a reminder, pursuant to Article L. 212-1 of the French Sports Code: "Only holders of a diploma, professionally-oriented qualification, or professional qualification certificate guaranteeing the holder's competence in terms of the safety of practitioners and third parties in the activity concerned, registered in the national directory of professional certifications under the conditions provided for in Article L. 6113-5 of the Labour Code, may, for remuneration, teach, lead or supervise a physical or sporting activity or train its practitioners, as a primary or secondary occupation, on a regular, seasonal or occasional basis, subject to the provisions of the fourth paragraph of this article and Article L. 212-2 of this Code."
• Personal Data: refers to any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity.
• Identifier: refers to the personal identifier associated with the User's account as well as any confidential code or password issued to the User by Ekklo SAS, subsequently modified by the User, and enabling the User to identify themselves in order to access the Services.
• Payment Process: refers to the system put in place by Ekklo SAS to obtain payment for services ordered on the platform.
• Personal Data Regulation: refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, applicable from 25 May 2018 (hereinafter the "General Data Protection Regulation") and the French Data Protection Act No. 78-17 of 6 January 1978, as amended by Act No. 2004-801 of 6 August 2004.
• Parties: refers collectively to Ekklo SAS and the User.
• Platform: refers to the mobile applications and sites accessible via www.ekklo.com or any other domain name extension.
• Services: refers collectively to the training and nutrition tracking services provided by sports coaches and any other service provided by Ekklo SAS through its Platform, as defined in Article 6 of these terms and conditions.
• User: refers to any natural person who uses the platform and accesses the Services offered by Ekklo SAS through it.
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Identifier: refers to the personal identifier associated with the User's account as well as any confidential code or password issued to the User by Ekklo SAS, subsequently modified by the User, and enabling the User to identify themselves in order to access the Services.

Payment Process: refers to the system put in place by Ekklo SAS to obtain payment for services ordered on the platform.

Personal Data Regulation: refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, applicable from 25 May 2018 (hereinafter the "General Data Protection Regulation") and the French Data Protection Act No. 78-17 of 6 January 1978, as amended by Act No. 2004-801 of 6 August 2004.

Parties: refers collectively to Ekklo SAS and the User.

Platform: refers to the mobile applications and sites accessible via www.ekklo.com or any other domain name extension.

Services: refers collectively to the training and nutrition tracking services provided by sports coaches and any other service provided by Ekklo SAS through its Platform, as defined in Article 6 of these terms and conditions.

User: refers to any natural person who uses the platform and accesses the Services offered by Ekklo SAS through it.

Unless otherwise indicated in the ToS:

• where a word or phrase has a defined meaning, any other form of that word or phrase has a corresponding meaning; words in the singular include the plural and vice versa;
• a reference to a document, standard, legislative provision, code or any other document implies any amendment or update to that document, standard, legislative provision or code;
• if a period of time is specified and dates back to a given day or to the day of acceptance of the ToS, that period of time shall be calculated as including that day.

ARTICLE 2. PURPOSE OF THESE GENERAL TERMS AND CONDITIONS AND CURRENT VERSION

These ToS are intended to define the conditions under which Users may access and use the Services. Any User who accesses the Ekklo platform's Services agrees to comply, without reservation, with these ToS.

If the User does not agree with all or part of the ToS, they are strongly advised not to use the Platform and Services.

Ekklo SAS is free to modify these ToS at any time, in particular to take into account any legal, regulatory, case law or technical developments. The prevailing version is the one accessible online at: www.ekklo.com/conditions-generales-d-utilisation. All Users are therefore required to refer to the version accessible online at the date of their access and use of the Services.

The User is expressly informed that the only binding version of the ToS is the one available online on the Platform, which they acknowledge and accept without restriction, committing to refer to it systematically upon each login.

ARTICLE 3. ELIGIBILITY

Use of the Services is reserved for Users who are adults capable of entering into obligations under French law, as well as minors aged at least 16 years.

A person under the age of 16 may only use Ekklo SAS's Services provided that explicit authorization from their legal representatives is given under the conditions provided by law.

A User may use the Services on behalf of third parties over whom they have parental authority or for whom they are recognized as a guardian or curator under French law.

ARTICLE 4. INFORMATION, LIABILITY AND WARRANTIES RELATING TO MEANS OF ACCESS TO THE SERVICES

Ekklo SAS implements the necessary means to ensure the proper functioning of the Services and takes the necessary measures to maintain the continuity and quality of the Services.

Ekklo SAS strives to make the Services accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond Ekklo SAS's control, and subject to maintenance periods, potential outages, and technical issues inherent to the Internet network or malicious acts or any damage to Ekklo SAS's hardware or software. Ekklo SAS cannot be held liable for Internet network disruptions due to force majeure or for planned maintenance operations. Ekklo SAS cannot be held liable for the installation and operation of terminals used by the User to access the Services that were not provided by Ekklo SAS.

More generally, Ekklo SAS shall under no circumstances be held liable for any interruption of the Services, regardless of the cause, duration or frequency of such interruption.

Transfer rates and response times for information circulating from Ekklo SAS's platform to the Internet are not guaranteed by Ekklo SAS. The User acknowledges that the speed of information transmission does not depend on the Services offered by Ekklo SAS, but on the inherent characteristics of electronic communications networks and the technical specifications of their connection type (cable, ADSL, 3G, 4G, etc.) and Internet access.

Ekklo SAS shall under no circumstances be required to compensate for any indirect damages suffered by the User in connection with the use of the Services. Indirect damages are those that do not result exclusively and directly from a failure of Ekklo SAS's Services. Any software downloaded by the User, or obtained in any other manner during use of the Service, is done so at the User's own risk.

ARTICLE 5. PRIOR INFORMATION RELATING TO THE SERVICES

The Platform offers Users the ability to:

• Set up a personalized coaching program,
• Track their progress over sessions through statistical data collected on the Platform,
• View upcoming appointments,
• And set up and manage nutritional program advice.

All services provided by the Platform are accessible subject to creating a personal account on the platform. However, the equipment (including computers, phones, software, and electronic communication means) required to access and use the Services is the sole responsibility of the User, as are the electronic communication costs (including telephone costs and Internet access costs) resulting from their use.

It is the User's responsibility to enquire about the cost of using such equipment or services from the relevant operators. The User alone is liable for these costs.

ARTICLE 6. DESCRIPTION OF SERVICES

6.01 Account

(a) Account creationThe use of all or part of the Platform requires the prior creation of an account. Creating an account and validating the ToS constitutes acceptance of these terms. By creating their account, the User creates a personal space on the Platform. Acceptance of the ToS is a necessary condition for account creation. Account creation is free and open to any natural person meeting the eligibility conditions set out above, or to any legally constituted legal entity acting through a duly authorized representative. Account creation requires the provision of an email address, a secret, personal and confidential password, date of birth, height and weight. The User is responsible for the accuracy and updating of the information they provide. The User is responsible for maintaining the confidentiality of their identifier and password, for restricting access to their computer, and for all activities carried out from their Account or using their identifier and password.

(b) Account deletionThe User may delete their account by clicking the "delete account" button in the settings. Account deletion results in the deletion of all stored data within 30 days of the deletion being confirmed. The User may reverse their decision within 30 days of their request. After this period, all data stored by Ekklo SAS will be permanently lost.

(c) Account closure or suspensionEkklo SAS may close or suspend your account in the event of non-compliance with these ToS, following the sending of a formal notice email that remains without effect for a period of 5 business days. In the event of fraud or attempted fraud, Ekklo SAS may immediately and without formality suspend your account by operation of law. The following are considered fraudulent:

• Impersonating any other person or entity or misrepresenting your identity;
• Engaging in inappropriate or reprehensible behavior on the Platform or in connection with the use of the Services;
• Using the Platform's services for unlawful or illegal purposes.

In the event of account closure initiated by Ekklo SAS, the User is strictly prohibited from opening a new Account, whether with the same or a different email address, or through an intermediary, without the prior written authorization of Ekklo SAS.

6.02 Personalized Coaching Program

The Platform offers a personalized coaching service based on programs made available to the User according to their personal goals and physical condition.

6.03 Progress Tracking Over Training Sessions

Progress tracking is based on the storage of personal data recorded by the Platform throughout each session. The Platform provides a visual presentation of all this data in the form of charts.

6.04 Nutritional Advice

The Platform offers the option to combine the sports coaching service with a nutritional advice service. This service enables the creation of a nutritional program and the ongoing monitoring of it.

6.05 Data Storage

(a) Stored dataEkklo SAS undertakes to store all data relating to users' training and nutritional programs, whether entered manually by the User or automatically recorded by the device. Data may be deleted at any time by the User using the data deletion features.

(b) Storage durationData is stored for as long as the User deems necessary and for a period of thirty days from the deletion of the account.

(c) Purpose of the storage serviceThis storage service is intended to allow the User to centralize all data relating to their training programs in order to track their progress.

(d) Access to stored dataEkklo SAS undertakes to use its best efforts to ensure permanent access to data stored on its servers. Information stored by Ekklo SAS is under the full and complete control of the User. The User may delete any information they no longer wish to keep in their storage space at any time. Stored personal data may only be used within the scope of your services. Ekklo SAS undertakes to guarantee the confidentiality of stored information through all appropriate technical security measures and in compliance with best practices, and to ensure it is not used for purposes other than those offered to the User and which they are free to accept or not. Ekklo SAS may anonymize your data and use it to improve its sports training and nutritional algorithms and thus the quality of services offered to users. The Client may grant temporary access to their personal data to their coach so that the coach may review the work completed and offer a personalized training program.

6.06 Artificial Intelligence Assistant

(a) Service descriptionEkklo makes available to Coaches an artificial intelligence-based assistant (hereinafter the "AI Assistant") enabling the automation of certain tasks and conversational access to their clients' information.

(b) Activation and consentUse of the AI Assistant is optional and subject to explicit prior consent upon first use. The Coach may choose not to activate this feature without affecting access to the Platform's other Services.

(c) Data processingUse of the AI Assistant involves the processing of certain data by Ekklo and its specialized technology partners, some of which are located outside the European Union. The list of partners and associated safeguards are detailed in the Privacy Policy.

(d) Coach's responsibilityThe Coach acknowledges that the use of the AI Assistant with their clients' data falls under their responsibility as a professional. The Coach undertakes to inform their own clients of the use of this feature in accordance with applicable personal data protection regulations (GDPR).

(e) Limitation of liabilityEkklo does not guarantee the accuracy, completeness or relevance of the responses provided by the AI Assistant. The Coach remains solely responsible for verifying the information generated and for any decisions made based on these responses. The AI Assistant does not in any way replace the Coach's professional expertise.

(f) DeactivationThe Coach may cease using the AI Assistant at any time. Such deactivation does not result in the deletion of data already stored on the Platform.

ARTICLE 7. ACCESS TO SERVICES

Services offered on the Platform are either free or paid. Free services are freely accessible on the Platform after the User logs in to their account. Paid services are accompanied by a description of the service and the corresponding price. Use of paid services will require express acceptance by confirming the order and accepting these ToS.

The fact that services are provided free of charge does not affect the contractual relationship binding Ekklo SAS and the User. All contractual data (contracts, purchase orders, invoices) relating to your orders, as well as exchanges and communications with support and sales services, are stored and archived on a Heroku (SalesForce) server. The transmitted data is not exported to countries outside the European Union.

ARTICLE 8. PRICING

8.01 Prices and taxes

In accordance with Articles L. 112-2 and L. 112-3 of the French Consumer Code, the price of Services available on the Platform, provided by Ekklo, Coaches or any other authorized provider, is indicated in euros, either excluding tax (ET) or excluding tax and including all applicable French taxes (VAT included). The price of the Service is the price in effect on the date of the Order. The total amount due and its breakdown are indicated on the confirmation page of each Order.

8.02 Payment

The price is payable in full upon confirmation of the order.

• The User may pay by credit card (Carte Bleue, Visa, Eurocard/Mastercard). Ekklo uses the secure payment service provided by STRIPE, INC. Confidential data (the 16-digit card number, expiry date and CVX code) are transmitted directly in encrypted form to STRIPE, INC.'s server. Ekklo does not have access to this data.
• Payment will be effective at the time of order validation.

8.03 Refund conditions

Services provided by Ekklo SAS are exclusively intended for professional use and are considered fully performed upon activation or first use, in accordance with Article L221-28 of the French Consumer Code. The User expressly acknowledges and accepts that this immediate performance entails the waiver of their right of withdrawal, even in the context of an annual or monthly subscription. No full or partial refund may be granted once the service has been activated, except in the event of a manifest error attributable to Ekklo SAS. Failure to use the Service or partial use thereof does not give rise to any refund, compensation or deferral. In the event of early termination of a paid subscription, all amounts due until the end of the commitment period remain payable. The User remains liable for all amounts initially agreed upon, even in the event of suspension or termination for non-compliance with these ToS.

ARTICLE 9. USER OBLIGATIONS

The User undertakes to always provide sincere and truthful information at the time of entry and in particular not to use false names or addresses, or names or addresses without authorization. The User undertakes to order the Services offered by the Platform solely for personal purposes and needs.

ARTICLE 10. DISCLAIMER OF LIABILITY

The Coach is solely authorized and responsible for handling complaints or claims relating to sports sessions and program recommendations made through the application. Ekklo SAS disclaims all liability in this regard. However, Ekklo SAS may, at its sole discretion (and without any obligation to do so), act as an intermediary between a Client and the Establishment to help facilitate the resolution of disputes.

Each Coach remains solely responsible for the accuracy and completeness of the information they provide to the User, either directly or through the Platform. Ekklo SAS excludes all liability in the event of interruptions or non-transmission of data and gives no warranty as to the relevance of the information, software, products and services offered on the Platform.

All such information, software products and services are provided "as is" without warranty of any kind. Coaches listed on the Platform are independent of Ekklo SAS. Ekklo SAS is not responsible for the acts, errors, omissions, failures or negligence of Coaches and excludes all liability for physical, material and immaterial damages caused by Coaches and/or within Establishments and/or by their products and services, whether such damages are direct or indirect.

When using the Platform without a coach, the User acknowledges that such use is made entirely at their own risk. Ekklo SAS is not responsible for the use made by the User of the programs made available on the Platform.

Regarding the AI Assistant: Ekklo SAS shall not be held liable for decisions made by the Coach or their clients based on information provided by the AI Assistant. The Coach remains solely responsible for validating and using the generated responses.

ARTICLE 11. TERMINATION/SUSPENSION OF YOUR ACCOUNT

Ekklo SAS may, at its sole discretion, limit or suspend your access to the Service at any time in the event of a breach by you of the provisions of this Agreement or of the rights of third parties and/or applicable laws and regulations.

ARTICLE 12. THIRD-PARTY SITES

In the event that the Services contain hyperlinks directing to websites published by third parties (hereinafter "Third-Party Sites") over which Ekklo SAS exercises no control whatsoever, Ekklo SAS assumes no responsibility for the content of Third-Party Sites or the content to which Third-Party Sites may link. The presence of hyperlinks to Third-Party Sites shall not imply that Ekklo SAS endorses the content of those Third-Party Sites in any way. Ekklo SAS is not responsible for any modification or update to Third-Party Sites. Ekklo SAS is not responsible for the transmission of information from Third-Party Sites or for their malfunction.

ARTICLE 13. INTELLECTUAL PROPERTY

Ekklo SAS retains, exclusively, ownership of all rights, titles and interests as well as all intellectual and industrial property rights in and relating to the Service (including logos and trademarks, software, databases, website, applications and content made available on the Service ("Ekklo SAS IPR")). Any illegal or unauthorized use of Ekklo SAS IPR constitutes an infringement of our intellectual property rights (including copyright and database rights).

ARTICLE 14. PERSONAL DATA PROTECTION

14.01 Personal data relating to the User

Ekklo SAS expressly invites the User to consult its privacy policy, which forms an integral part of these ToS.

14.02 Cookies and IP address

Ekklo SAS expressly invites the User to consult its privacy policy, which forms an integral part of these ToS, in order to learn about Ekklo SAS's cookie policy. At the request of judicial authorities, Ekklo SAS may transmit the User's IP address in order for them to be identified in cooperation with their Internet service provider.

ARTICLE 15. FORCE MAJEURE

Force majeure occurs when an event beyond the debtor's control, which could not reasonably have been foreseen at the time of acceptance of the ToS and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling their obligation. Force majeure suspends the obligations of the affected party for the duration of the force majeure event if it is temporary. Nevertheless, the Parties shall endeavor to minimize its consequences to the greatest extent possible. Failing that, if the impediment is permanent, the parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code.

ARTICLE 16. WAIVER

The failure of either Party to invoke one or more provisions of the ToS shall in no event imply a waiver by that Party to invoke them at a later date.

ARTICLE 17. PARTIAL INVALIDITY

In the event that certain provisions of the ToS are unenforceable for any reason, including as a result of an applicable law or regulation, the parties shall remain bound by the other provisions of the ToS and shall endeavor to remedy the unenforceable clauses in the same spirit as that which prevailed at the time of their conclusion.

ARTICLE 18. APPLICABLE LAW AND JURISDICTION

The ToS are governed by French law. Any difficulties relating to the validity, application or interpretation of the ToS shall be submitted, in the absence of an amicable agreement, to the competent courts pursuant to applicable law.

ARTICLE 19. MEDIATION

The User may, if they wish, refer the matter to a consumer mediator appearing on the list maintained by the French Ministry of Economy and Finance. The User is informed that a referral to the mediator may only take place after having first attempted to resolve the dispute directly with Ekklo SAS by means of a written complaint. The User also has the option of using the European Commission's online dispute resolution platform.

Publication Director: Clément Verhille

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