HOPP – Terms of Use

HOPP operates a website hosted at www.hopp-sport.com (hereinafter the “Site”) and an application (hereinafter the “Application”) offering its users (hereinafter the “User” or the “Users”) a digital platform providing access to digital information content and personalised sports-medical coaching aimed at giving access to health advice and programmes (hereinafter the “Services”). The Services also allow Users to access general health information and may contain public health information intended solely for the User’s general information.

The information and articles on the site and the Application, and more generally the Services, are provided strictly for guidance purposes and can in no way replace the opinion of a doctor or any other health specialist. The recommendations made are in no way a substitute for a medical consultation, diagnosis or treatment by a qualified health professional.

In particular, the User must seek advice from a doctor if they are in any of the following situations:

These present terms of use for the Services offered therein (hereinafter the “Terms”) govern the relationship between the User and HOPP. Access to and use of the Services offered therein imply unreserved acceptance of the terms of the Terms.

Article 1 – Description and use of the Services

Use of the Services is free. However, the User, if a natural person, must have legal capacity, meaning being over 18 years of age, not under any legal incapacity, or being an emancipated minor.

Furthermore, the User acknowledges that it is strictly forbidden to use the Services for unlawful or illegal purposes.

Article 2. Creating an account

To access the Services, the User has the option of creating an account allowing them to log in to a personal space on the Site and Application.

To create their account, the User will be asked to provide their first and last name, date of birth, email address(es), which will serve as their login identifier, and a password (hereinafter the “Login Credentials”).

An account activation confirmation will be sent to the User via the email address provided. In their personal space, the User will be able, in the Site and Application settings, if they wish, to complete a certain amount of information and may in particular change their password where applicable.

The User undertakes not to provide fanciful and/or incorrect details or information. The User is solely responsible for the consequences arising from any inaccurate information they have provided. The User also undertakes not to create an account on behalf of a third party, or to create multiple accounts for themselves within the Site and/or the Application.

The User acknowledges that they are responsible for the use made of their Login Credentials. In this respect, the Login Credentials must not be disclosed by the User to a third party, nor used by a third party. In any event, all actions carried out on the Site under the User’s Login Credentials will be considered as having been carried out by the User themselves and, as a result, subscriptions to Services arising from their account will be debited from the corresponding bank account.

In the event of forgetting, losing, or having their Login Credentials misused by a third party, the User undertakes to inform HOPP immediately at the following email address: hoppsports@gmail.com

Article 3. Access to services & Purchases

3.1. The User may, after creating their account and, where applicable, subscribing to an access offer, use the Service(s) offered on the Site and/or the Application. All information relating to the Services and their terms of use is accessible here.

3.2. Certain features of the Services may be paid. As such, the User agrees to provide accurate and complete payment information, both to HOPP and to any payment service provider HOPP may use. The User further agrees to pay all applicable fees and taxes incurred under the User’s account. HOPP may revise the pricing terms of the Services at any time.

All fees and prices are due in accordance with the payment terms in effect at the time the fees become payable. HOPP may occasionally change, revise or supplement its fees and billing methods; such changes will take effect immediately once made to these terms or published elsewhere on our websites, applications and other communication media.

3.3. Access to paid content takes the form of an individual, non-exclusive, non-transferable licence, which may not be sublicensed, is revocable, and is limited in use by HOPP. The User has no ownership right or other property right over the paid content unlocked, regardless of how it is accessed, and regardless of the consideration offered or paid in exchange. The User may not obtain any refund for the purchase of a licence to access paid content, except with the express authorisation of HOPP.

Furthermore, except in the case of intentional misconduct or gross negligence, or unless the terms provide otherwise, HOPP shall in no event be held liable for the destruction, deletion, modification, alteration, hacking, other damage or loss of paid content of any nature whatsoever, including the deletion of said content upon termination or expiry of your account, or any reasonable changes HOPP may make to the Services.

3.5. Subject to applicable law, fees and other charges applicable to paid services, in whole or in part, are due in advance and are non-refundable, except in the cases expressly provided for below. Except in the case of gross negligence or intentional misconduct on the part of HOPP, or unless these Terms provide otherwise, you are fully responsible for all fees charged to your account, including unauthorised fees.

Article 4 – User obligations and liability

4.1. The User undertakes to use the Site, the Application and/or the Services offered therein in compliance with applicable regulations and these Terms and any other contractual document referring to them. Failing this, the User is solely liable for any damage caused and the consequences of any claims or actions that may result from it.

4.2. HOPP shall not be held liable for any consequences resulting from the absence, insufficiency, or defectiveness arising from the use of the Services.

4.3. Given the evolving nature of knowledge relating to self-rehabilitation exercises, sport, and also scientific and medical knowledge, the User is informed that the information on the Site and the Application is neither complete nor exhaustive and may not be immediately and systematically updated.

Accordingly, the User undertakes to hold HOPP harmless against any claims, complaints, actions or proceedings of any kind brought by third parties, and to indemnify HOPP and third parties for all damages resulting from any use of the Services that does not comply with applicable regulations and/or these Terms.

4.4. HOPP reserves the right to block and/or delete User Content or the User’s account in the event of non-compliance with the provisions of this article, and more generally with these Terms.

Article 5 – HOPP’s obligations and liability

5.1. HOPP undertakes, as a best-efforts obligation only, to offer the User access to the Site and/or the Application and the Services, based on certain criteria. HOPP makes every effort to keep the Services available on a near-permanent basis. However, HOPP may need to interrupt these services for reasons inherent to operating and maintenance constraints. HOPP cannot guarantee the constant availability of the Services, in particular the Site and the Application.

5.2. Furthermore, it is specified that the Internet network and the computer and telecommunications systems used by the User in connection with accessing and using the Services are not free of errors, and interruptions and failures may occasionally occur. HOPP can provide no guarantee in this respect and therefore cannot be held liable for any damage inherent to such use of the Internet network and computer and telecommunications systems, including, without this list being exhaustive:

  1. poor transmission and/or reception of any data and/or information over the Internet;
  2. an external intrusion;
  3. failure of any receiving equipment or communication lines;
  4. any other malfunction of the Internet network preventing the proper functioning and/or proper running of the Services.

5.3. Furthermore, the User acknowledges and accepts that HOPP shall not be held liable for any consequences in the performance of the Services arising from erroneous, approximate or incomplete information provided by the User.

Finally, the Site may contain images and/or hyperlinks to websites managed by third parties (hereinafter “Third-Party Sites”). HOPP exercises no control over Third-Party Sites and assumes no liability with respect to them. These links are provided for information purposes only, and the decision to visit these Third-Party Sites is the User’s sole and entire responsibility.

Article 6 – Intellectual property

HOPP and any partners are the exclusive holders of all intellectual property rights relating to the structure and content of the Site and the associated Application, including in particular graphics, images, text, logos, databases, programs, and software, worldwide.

The use or reproduction of all or part of any content present on or accessible from the Site and/or the Application is only authorised for personal, informational purposes; any reproduction or representation for other purposes is only permitted with HOPP’s prior express written consent.

Except as stated above, the User is strictly prohibited from:

  1. copying, reproducing, representing, broadcasting, distributing, or publishing, permanently or temporarily, all or part of HOPP content and/or the Site and/or the Application by any means and on any medium known or unknown to date;
  2. creating derivative works from HOPP content and/or the Services;
  3. modifying, translating, adapting, or arranging all or part of the content and/or the Services;
  4. disassembling, decompiling, or reverse engineering the Services;
  5. undertaking any action with the aim of obtaining the source code of the Services;
  6. merging the Site with other applications or software.

In using the Services, the User may be led to publish certain content on the Site and/or the Application (hereinafter the “User Content”).

It is specified that HOPP acts solely as a host for the distribution of User Content and cannot under any circumstances

  1. be considered the publisher of such content,
  2. be held liable to the User or any third party for the User Content or its accuracy.

All elements covered by an intellectual property right that do not belong to HOPP but nevertheless appear on the Site and/or the Application as a result of their publication by a partner or a User remain the property of their respective owner, who grants HOPP a free, non-exclusive licence over this content, allowing HOPP to use, reproduce, represent, disclose, and modify it, for any third party and any purpose, in whole or in part, by any means, worldwide.

In this respect, Users warrant that the content they publish does not infringe any third-party rights, including third-party intellectual property rights. Users agree to hold HOPP harmless against all costs, damages and compensation owed by HOPP as a result of any such content.

Article 7 – IT and personal data

The Terms are subject to the provisions of European Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as to French Law No. 78-17 of 6 January 1978 on information technology, data files and civil liberties, and to any other applicable regulation that may subsequently supplement or replace them.

HOPP needs to use the User’s data to manage their account and provide the Services. Without such information, HOPP will not be able to properly provide access to the Services. HOPP may also use it, after anonymisation, to send the User its best promotional offers, for statistical purposes and fraud prevention, for its legitimate interest in commercial development, technical improvement of its systems and understanding of Users and, finally, where applicable with the User’s consent, for personalising services, in particular through advertising.

The User’s data is kept for the duration of the User’s use of the services and, beyond that, for a period of five years for commercial purposes, as well as for evidential and accounting purposes, for a period not exceeding the applicable legal limitation periods.

For processing carried out by and/or on behalf of HOPP, the User has, where necessary after providing a valid form of identification, a right of access, and, where applicable, of portability, rectification, restriction, and deletion of data concerning them, as well as a right to object, possibly subject to legitimate and compelling grounds, to the processing of this data. The User may also give instructions regarding the fate of their personal data in the event of death. These rights may be exercised directly with HOPP by email at hoppsports@gmail.com or by post at: 43 Rue Linois 75015 Paris.

In accordance with legal provisions, the User has the right to lodge a complaint with a supervisory authority – the CNIL.

  1. Personal data provided

For the purposes of this article, “personal data” means any information relating to an identified or identifiable natural person, within the meaning of applicable legislation in force. For the avoidance of doubt, an “identifiable natural person” is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity.

The categories of data concerned are as follows:

– Identity data: this information may include in particular first name, last name, phone number, email address, or postal address;

– Health data: this information may include in particular details regarding the person’s medical situation, age, height, weight, sex, and sport practised.

– Technical and browsing data: HOPP may collect several types of data relating to the technical means by which the User accesses and uses the website www.hopp-sport.com, partner sites, or third-party sites whose data is imported onto the Site. This data may in particular be collected through cookies and other similar techniques.

Prior to entering any personal information and health data, the User will have given their express and unambiguous consent to HOPP to allow it to process such data in accordance with the purposes set out above. The User may withdraw their consent at any time by contacting HOPP either by post at the following address: 43 Rue Linois 75015 Paris, or by email at the following address: hoppsports@gmail.com. The User is informed that, in the event of withdrawal of consent, access to the Services may be limited.

  1. Use of Users’ personal data

HOPP intends to use Users’ personal data in defined cases:

– Operation & Optimisation of the Services: the personal data collected is necessary for the operation of the services offered as well as for the development and improvement of HOPP’s services;

– Communication & Personalisation: subject in particular to the required consent, HOPP may use certain data to offer, in particular through advertising, personalised services and offers, promotions or any other commercial information related to the services or to partners’ services;

– Compliance with applicable legislation.

  1. Sharing of personal data

HOPP may share Users’ personal data with business partners or other companies to which HOPP is affiliated (parent companies, sister companies or subsidiaries), as part of the operation of the Services or in particular for logistical purposes.

The User’s personal and medical information will not be used for commercial purposes unless it has been anonymised such that it is impossible for a third party to trace the User’s identity through reverse engineering.

Similarly, the User’s data may be disclosed in response to a specific request made by a competent administrative or judicial authority, as well as more generally in any situation where the law, regulations, or an administrative or judicial decision so requires;

More generally, this data may be shared with any other third party after informing the User and provided there is no objection or prior consent required under applicable rules.

  1. Retention period of personal data

Personal data will be kept in active files or systems only for as long as necessary to fulfil the purposes for which it was collected, in accordance with applicable rules, namely:

– As a general rule, for all data;

– By exception, for the purposes of electronic commercial prospecting, HOPP may retain the email address, as well as first and last name, for up to three years after the User completely stops using HOPP’s services, subject to the exercise of a right to object.

Article 8 – Privacy and cookies statement

HOPP collects and processes personal information of visitors to the Site and/or the Application and Users of the Services in order to offer an improved service and personalised benefits.

The cookies used are:

  1. Cookies enabling the User to navigate the site and use its basic features;
  1. Enhanced functionality cookies used to recognise visitors when they return to the Site, count the number of visitors, and gather information about how the Site is used;
  1. Targeting or advertising cookies record visits, as well as pages viewed and hyperlinks followed. HOPP uses this information to display relevant advertisements on the Site or through any correspondence sent to its Users.

Article 9 – Force majeure

If either Party finds itself partially or totally unable to perform any of its obligations under these Terms as a result of a case of force majeure, it must inform the other Party as soon as possible.

Neither Party may be held liable if performance of the Agreement is delayed or prevented due to a case of force majeure or an act of God, caused by the other Party or by a third party. Only those cases usually recognised as force majeure by French case law and courts are expressly considered as such.

In all cases, the prevented Party must do everything in its power to limit the duration and effects of the act of God, force majeure, or external cause.

Cases of force majeure will suspend performance of the affected part of the Service. The obligations under these Terms will resume as soon as the force majeure event ceases.

Article 10 – Miscellaneous provisions

10.1. Should any provision of these Terms be void or annulled, the Parties will endeavour to replace it with a provision of the closest possible legal and economic effect, and the other provisions will continue to have effect in accordance with the Parties’ intentions as they result from the Terms.

10.2. The parties acknowledge and agree that SMS, MMS, emails, instant messaging exchanges and all other electronic writings arising from the use of the Services and exchanged between HOPP and the User in connection with the Services (hereinafter “Electronic Writings”) constitute

(i) original documents between the parties;

(ii) evidence; and

(iii) admissible before the courts, provided that the person from whom they originate can be duly identified and that they are created and stored under conditions guaranteeing their integrity.

10.3. HOPP reserves the right to modify these Terms at any time. Users have a duty to keep themselves informed of any updates. Any modification of the Terms will be deemed tacitly accepted if Users raise no objection to it.

10.4. HOPP reserves the right to develop the paid offers of its Services, to add and/or modify its products and services, and to add features to those making up its paid offers, without the User being entitled to claim any compensation whatsoever.

Article 11 – Termination

These Terms will remain in effect for an indefinite period until terminated, at the initiative of the User or of HOPP. The refund conditions previously listed will apply in the context of the termination of these Terms.

It is recalled that HOPP may at any time terminate the Terms or suspend your access to the free and paid services of the Site and/or the Application without prior notice in the event of serious misconduct on the part of the User, and in particular in the event of a breach by the User of applicable law or failure to respect the rights of third parties.

The User may terminate these Terms at any time by permanently deleting the Application installed on their smartphone or by closing their user account at any time by submitting their request to HOPP either by post at the following address: 43 Rue Linois 75015 Paris, or by email at the following address: hoppsports@gmail.com.

Article 12 – Applicable law and jurisdiction

12.1 These Terms are governed by French law.

12.2 Any dispute concerning the interpretation, performance and/or termination of these Terms that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, even in the case of an incidental claim, a claim for a guarantee, or multiple defendants.

12.3 This provision applies without prejudice to any complaint the User may lodge with the Commission Nationale de l’Informatique et des Libertés (CNIL, the French data protection authority).