Object
The company MyCoach PRO (below: "MyCoachPRO") creates, markets and distributes the application MyCoachPRO, as well as support and consulting services in the implementation of these services.
The present general terms and conditions apply without restriction or reserve to any order of Services (as defined below) with MyCoachPRO. Their purpose is to define the terms and conditions of supply of the Products and Services to the benefit of the customer having subscribed to them in the conditions defined in the article "Subscription to the Products and Services and acceptance of the general conditions" (below: the "Customer").
If the Client has accepted a commercial proposal, this Offer and these general terms and conditions constitute an indissociable contractual whole. In the event of contradiction, the provisions of the Offer(s) shall prevail over these general conditions. In the event of contradiction between different Offers, the most recent document shall prevail over the oldest ones.
The special conditions or those contained in the commercial proposals shall prevail over any other general conditions.
Key definitions
In these terms and conditions, the following terms, used with a first capital letter, shall have the following respective meanings:
Application
The Applications published by MyCoachPRO. MyCoachPRO web application intended for the Client and the persons designated as administrators, and also the MyCoachPRO mobile application accessible on the Google Play Store and Apple App Store, intended for the persons practicing under the Client's responsibility.
Customer Area
The Users interface, through their account, which allows them to manage their use of the Services.
Confidential information
All information and/or data, in whatever form and of whatever nature, including in particular all written or printed documents, all computer files, samples, models and/or knowledge whether or not protected by an intellectual property right, as well as all written or oral information, in particular of a commercial, financial, administrative, legal or technical nature belonging to or relating to a Party, to which the other Party will have access in the course of providing the Services, for which the Party communicating such information has unequivocally indicated its confidential nature, or, in the case of an oral, visual or written communication, has orally made known its confidential nature at the time of communication.
Are considered as Confidential Information the customer documents and more generally any data, information or documents communicated by the Customer to MyCoachPRO for the purpose of the present contract.
Services
All the services offered by MyCoachPRO, specified in the article "Description of the Services".
WebApp
The webapp pro.mycoachsport.com is operated by MyCoachPRO.
User
Person using the MyCoachPRO solution, after the respective Account has been created. Each Account is nominative and personal to the corresponding User.
Account creation
The creation of the accounts can be done by MyCoachPRO's support service or through the intermediary of administrator users identified by the Customer and for whom MyCoachPRO has created an account with extended rights at the signature of the contract. The creation of other user accounts is done from the Application and personal information are entered during this process by the administrator users of the application.
Administrator Users undertake to ensure that no third party uses their account in their place or on their behalf, unless they bear full responsibility. They expressly acknowledge that any use of the Services with their login details will be deemed to have been made by the corresponding User.
The Customer acknowledges and accepts expressly that the User is the only one responsible for the confidentiality of his login and password. He commits himself to contact without delay MyCoachPRO (DPO@mycoachsport.com) by any useful written means and
especially by email, if it appears that a User Account has been used without the owner's knowledge. In case a SSO exists the User must contact as soon as possible the IT manager of his organization
Acceptance of the general conditions
Upon signing the contract, the Client's representative is informed of the general terms and conditions of use and the privacy policy. The signing of the contract implies full acceptance of these conditions. It is the responsibility of the Client's representative to ensure that all users are informed of the content of these documents.
Minimum system requirements
The use of the MyCoachPRO application is only possible if it is used on a computer for the administration part, and on a smartphone using the IoS or Android operating system, and having an efficient 3G/4G or Wi-Fi internet connection, provided that the user has granted the required permissions necessary for its operation.
Description of the Services
List of Services
The MyCoachPRO Application provides different Services to its user. Below is a non-exhaustive list of services (depending on the modules subscribed to in the contract):
Creation of a user account,
User authentication,
Instant messaging,
Creation and management of objects that can make up training programs,
Creation and management of training programs,
Creation and management of questionnaires,
Calendar management,
Event management,
Document management,
News management,
Viewing statistics,
......
Availability of Services
MyCoachPRO guarantees, except in case of force majeure, the maintenance of the access to the Services 24 hours a day and 7 days a week, as well as the level of availability and the conditions of management and resolution of the incidents specified below (the "Service Availability").
The Customer who subscribed to the Application acknowledges and expressly accepts that due to the complexity of the Internet, the unequal capacities of the different sub-networks, the influx of Users at certain hours, the different bottlenecks on which MyCoachPRO has no control, MyCoachPRO's responsibility will be limited to the functioning of its servers, whose external limits are constituted by the connection points.
MyCoachPRO cannot be held responsible for (i) access speeds to its servers, (ii) external slowdowns to its servers, and (iii) bad transmissions due to a failure or a malfunction of these networks.
The Customer acknowledges and accepts that Service Availability does not cover any failure or interruption caused by telecom operators or internet service providers.
Service commitment and support
The MyCoachPRO solution is based on an infrastructure composed of virtual servers, database backup procedures and daily operating services of the environment. MyCoachPRO strives to maintain its availability in the best possible conditions.
Maintenance windows can be planned, generating a service interruption. The dates of these planned interruptions will be announced to all users in advance.
The service consists of maintaining the current solution, fixing any bugs and intervening when incidents are reported by users.
Incidents will generate exchanges between the Customer and MyCoachPRO in the form of emails through the address support@mycoachsport.com or through the MyCoachPRO manager in charge of the Customer account follow-up.
The service includes :
Receipt of requests with acknowledgement of receipt
Analysis of the request with an immediate solution proposal if possible
In case a fix is deemed necessary by the MyCoachPRO support teams:
The realization of the correction
Unit and integration testing
Deployment on the production instance
Hosting of the Customer's data
MyCoachPRO commits itself to host the Customer's data on servers located in the European Union and by a professional hosting provider, exercising its activity in accordance with the practices of the profession and the state of the art.
In this context, MyCoachPRO commits to provide the Customer with sufficient storage and processing capacities for the exploitation of the Services, in accordance with the industry practices and the state of the art.
MyCoachPRO commits to implement all technical means, in accordance with the state of the art, necessary to ensure the security and the access to the Services and to the Data, and the monitoring of the infrastructures, the control of the physical and/or immaterial access to the said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect the servers from malicious acts.
MyCoachPRO also undertakes to take all necessary precautions, considering the nature of the data and the risks presented by the automated data processing implemented for the needs of the Services, to preserve the security of the Data, in particular to prevent them from being altered, damaged or accessed by unauthorized parties.
Regarding the management of personal data, MyCoachPRO provides all the details in its "Privacy Policy" on the application's website.
Financial conditions
With regard to the price of products and services, price revision, invoicing and payment terms, see details in the General Terms and Conditions (GTC).
Evidence agreement
The Customer expressly acknowledges and agrees:
That the data collected on the Website and the computer equipment of MyCoachPRO are proof of the reality of the operations that took place within the framework of the present contract;
That these data are the main proof admitted between the parties, especially for the calculation of the amounts due to MyCoachPRO.
The Customer can access this data on the Application.
Obligations and guarantees of the Client
Without prejudice to the other obligations set out herein, the Customer undertakes to comply with the following obligations:
The Customer and his users guarantee to MyCoachPRO that all the information they give to MyCoachPRO, in the frame of the Services, are not misleading.
The Customer and his users commit themselves to respect the laws and regulations in force and not to infringe the rights of third parties or the public order when using the Services.
The Customer and its users are solely responsible for their use of the Services. In this respect, they shall be liable for any misuse, non-compliant or illicit use that they may make of the Service, in particular against infringement of the laws and regulations in force.
The Customer, as well as its users, are thus exclusively responsible for the implementation of all procedures intended to prevent or repair the commission of such acts.
The Customer, as well as its users, acknowledge and accept that it is their responsibility to take the necessary measures to back up by their own means the information transferred by the Application. MyCoachPRO declines any responsibility in case of possible loss of information, the Customer, as well as its users, cannot claim any compensation for this.
The Customer and his users are informed and accept that the implementation of the Services requires them to be connected to the Internet and that the quality of the Services depends directly on this connection, for which they are solely responsible.
The Customer and its users shall not sell, assign, grant or transfer all or part of their rights or obligations hereunder to any third party, including if such third party has a direct or indirect link with the Customer or its users in any way whatsoever.
The Customer, as well as his users, indemnify MyCoachPRO against all complaints, claims, actions and/or demands that it could suffer because of the violation, by the Customer or his users, of any of their obligations under the terms of these Terms and Conditions. The Customer commits himself to pay to MyCoachPRO all costs, charges and/or judgments it could have to bear because of this.
Under no circumstances the Customer and his users will be able to claim, in any form whatsoever, from MyCoachPRO any financial compensation for the processing of their personal data in the strict context of the MyCoachPRO application.
For any request of a user of the Customer to exercise his right(s) on his personal data and after closing his account in the MyCoachPRO application, this request must be addressed by the user as a data subject to the Customer as a data controller.
Obligations and responsibilities of MyCoach PRO
Without prejudice to the other obligations provided for herein, MyCoachPRO commits itself to respect the following obligations:
MyCoachPRO commits to provide the Services with diligence and according to the
rules of
the trade, and guarantees that the Services are carried out with a level of security and
confidentiality that complies with the requirements of the GDPR.
MyCoachPRO commits to use the information, data and more generally all elements
that
could be transmitted to it in the frame of the present contract only for the purpose of
their execution. MyCoachPRO commits not to distribute or share these elements with
any third
party, except for its subcontractors for the sole purpose of the execution of the Services,
except if requested or agreed by the Customer.
MyCoachPRO certifies that it holds an insurance policy guaranteeing its professional liability. It commits itself to keep this insurance policy in force for the duration of the present contract.
MyCoachPRO commits itself to regularly check the functioning and the accessibility of the Services. As such, MyCoachPRO reserves the right to interrupt momentarily the access to the Services for maintenance reasons. Also, MyCoachPRO can't be held responsible for difficulties or temporary impossibility to access the Services due to circumstances that are external to it or due to telecommunication network disturbances.
MyCoachPRO cannot be held responsible for delays due to the late or defective
communication by the Client of all information and data necessary for the implementation of
the Services and more generally for all facts attributable to the Client, as well as for
defects that are not directly and exclusively attributable to MyCoachPRO.
In any case, MyCoachPRO will not be liable to the Client for the payment of
damages, of any kind, direct, material, commercial, financial or moral, due to the execution
of the present contract, for an amount superior to the amounts invoiced by MyCoachPRO
in
this context having led to its responsibility, during the twelve (12) months preceding the
occurrence of the alleged damage. MyCoachPRO's liability can only be engaged if
the
Customer has made a claim, by registered letter with acknowledgement of receipt, within one
month following the said occurrence to the following address
MyCoachPRO
MyCoach Pro Customer Service
Allianz Riviera Stadium
Boulevard des jardiniers CS81030
06205 – Nice cedex 3
France
Copyright ©
The pro.mycoachsport.com website respects copyright. All rights of the authors of the protected works reproduced and communicated on this site are reserved. Unless authorised, any use of the works other than individual and private reproduction and consultation is prohibited.
Reproduction on paper
With the exception of the iconography, the reproduction of the pages of this site on paper is authorised, subject to the following three conditions:
Free distribution
Respect for the integrity of the documents reproduced
Explicit mention of the site pro.mycoachsport.com as the source and mention that reproduction rights are reserved and strictly limited.
Reproduction in electronic form
The reproduction of all or part of this website or of any video content from the MyCoachPRO application on an electronic medium is authorized provided that the source (pro.mycoachsport.com) and the mention "Rights reserved" are clearly and legibly added. The information used must only be for personal, associative or professional purposes; any use for commercial or advertising purposes is excluded.
Creating links to https://pro.mycoachsport.com
https://pro.mycoachsport.com authorises the creation of a hypertext link to its content, subject to :
Do not use the "deep linking" technique, i.e. the pages of the pro.mycoachsport.com site must not be nested within the pages of another site, but accessible by opening a window;
Mention the source which will point to the content in question via a hypertext link; Any use for commercial or advertising purposes without prior agreement is prohibited. Please note! This authorisation does not apply to websites that disseminate information of a polemical, pornographic or xenophobic nature or that may, to a greater extent, offend the sensibilities of the majority of people.
Penalties for non-compliance
In case of breach of any of the provisions of these terms and conditions, or more generally, in case of infringement of the laws and regulations by the Customer, MyCoachPRO reserves the right to :
Suspend, remove or prevent access to the Services of the Customer who is the author of the breach or infringement, or who has participated in it.
Take all appropriate measures and initiate any legal action.
To warn the competent authorities if necessary, to cooperate with them and to provide them with all the information useful for the research and repression of illegal or illicit activities.
In case of breach of an essential obligation of the Customer, MyCoachPRO reserves the right to restrict its access to all or part of the Services, thirty (30) days after the Customer has received a formal notice sent by registered letter with acknowledgment of receipt, mentioning the intention to apply this clause, without prejudice to any damages that could be claimed to the User. It shall automatically lead to the deletion of the Customer Account, without prejudice to any other consequences that may arise in application of the present general conditions.
Intellectual property of MyCoachPRO
The present general terms and conditions do not give the Customer any intellectual property right of any kind on the Website and the Application, and more generally, on the systems, software, structures, infrastructures, databases and contents of any kind (templates, texts, images, visuals, music, logos, brands, databases, etc...) used by MyCoachPRO within the framework of the Services.
The Customer is only granted a licence to use these elements for the sole purpose of using the Services.
All disassembling, decompiling, decrypting, extracting, reusing, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without MyCoachPRO's authorization are strictly forbidden and may be subject to legal proceedings.
Privacy
MyCoachPRO and the Customer agree that the Confidential Information :
Be kept strictly secret.
Be disclosed internally only to members of its staff who have a need to know and to its auditors, advisors or external service providers who are bound by the same obligations of confidentiality as those set out in this agreement, and be used by them only for the purpose defined in the preamble to this agreement.
Not be used, in whole or in part, for any purpose other than that defined in this Agreement, without the prior written consent of the disclosing Party.
Not be disclosed or likely to be disclosed, either directly or indirectly, to any third party or persons other than those mentioned in subparagraph (ii) above.
Not be copied, reproduced or duplicated in whole or in part where such copying, reproduction or duplication is not for its own purposes or has not been expressly authorised by the Disclosing Party in writing.
This obligation does not extend to documents and information :
Of which the receiving party was already aware.
Already public at the time of their communication or which would become public without violation of this agreement.
Which would have been received from a third party in a lawful manner.
Which may be required to be disclosed by judicial authorities, in application of laws and regulations or in order to establish the rights of a party hereunder.
It is expressly agreed between MyCoachPRO and the Customer that the Confidential Information will remain the property of the party having disclosed it and that the disclosure of the Confidential Information can in no case be interpreted as conferring to the party having received it any right whatsoever, in particular intellectual property rights, on the latter.
Protection of personal data
For MyCoachPRO, the protection of personal data is of crucial importance. This is why all processing proposed by MyCoachPRO is carried out in compliance with the General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the "GDPR") which entered into force on 25 May 2018.
MyCoachPRO implements all organizational and technical measures to ensure this compliance in time. That is why specific exchanges are proposed to the Customer on this issue when the Application is made available. Details on this part can be found on the "Privacy Policy" of the Application website.
Acceptance of the General Terms of Use also implies acceptance of the "Privacy Policy" of the application.
If you have any questions about MyCoachPRO's Privacy Policy, about the data we hold about you, or if you wish to exercise any of your rights regarding your personal data, please contact our Data Protection Officer:
By e-mail to the address: DPO@mycoachsport.com
Or by post to the address: MyCoachPRO - For the attention of the Data Protection Officer. Stade Allianz Riviera - Boulevard des Jardiniers CS81030 - 06205 Nice Cedex 3, France.
Force majeure
According to the Code of Obligations, neither the Customer nor MyCoachPRO can be held responsible for a failure to perform their contractual obligations if this failure is due to an event, independent of their will and constituting force majeure.
By force majeure, we mean the occurrence of an event presenting the characteristics of unpredictability, irresistibility and exteriority to the Parties usually recognized by the Swiss law and courts. This includes strikes, terrorist activities, riots, insurrections, wars, governmental actions, natural disasters or failure attributable to a third party telecommunication provider.
The prevented party will have to inform the other party as soon as possible by indicating the nature of the force majeure. MyCoachPRO and the Customer will meet in order to determine together the most appropriate means to mitigate, if possible, the consequences of the event(s) constituting the force majeure.
If the case of force majeure lasts for more than one (1) month, either party may terminate the Services, as of right, without legal formalities, without notice and without the right to compensation of any kind, by sending a registered letter with acknowledgement of receipt with immediate effect.
If, as a result of a case of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it shall remain responsible for the performance of those obligations that are not affected by the case of force majeure and, where applicable, for its payment obligations.
As soon as the force majeure ceases, the party prevented shall immediately inform the other party and resume performance of the affected obligations within a reasonable period of time.
Effects of termination of Services and reversibility
The termination of the Services, for any reason whatsoever, will automatically and by right lead to the closure of the Client space and User Accounts. The Client must cease all use of the Services without delay.
The termination of the Services shall not affect the provisions of this Agreement which are intended to continue beyond that date, in particular :
The Archiving Service will continue to be provided until the end of the Archiving Period.
The Customer will be able to ask MyCoachPRO to access his archived Customer Documents at any time.
MyCoachPRO will forward the request to the Third Party Archiver, who will contact the Customer directly.
Upon the Customer's request, MyCoachPRO can proceed to the restitution of all these data, in a standard format readable without difficulty in an equivalent environment.
The Customer commits to actively collaborate with MyCoachPRO in order to facilitate the recovery of the data and information.
MyCoachPRO commits to respond to any support request of the Customer within three (3) months after the end of the Services.MyCoachPRO will anonymize the personal data as soon as the Customer's account is closed after his explicit request to stop the Services.
The customer can also assert his or her rights with regard to his or her personal data. Details of this are described in the privacy policy.
Applicable law and jurisdiction
The present general conditions are subject to French law. They shall be governed by and interpreted in accordance with that law.
Any dispute that may arise in connection with their validity, interpretation or execution shall be subject to the exclusive jurisdiction of the French courts, except in the event of an imperative rule of procedure to the contrary.
