TERMS OF USE OF THE SPORTEASY PLATFORM

Effective as of 02/26/2021

The SportEasy platform is published by SPORTEASY, a simplified joint stock company (société par actions simplifiée) with capital of €69,734, registered with the Paris Trade and Companies Register under number 528 841 174, having its registered office at 6 rue Claude Farrère, 75016 Paris and with intra-Community VAT number FR70528841174.

1. Definitions

The following terms that appear capitalized in the ToU shall have the meaning ascribed to them in this article.

Account: means the account assigned to a User giving access to the Platform, with which an ID and a personal access code are associated.

Ad Hoc Service Provision: means the specific services requested by an Organization/Administrator and not included in the Subscription that SportEasy may perform, subject to prior agreement. This may include granting temporary access to a functionality, a development, a change, a specific improvement of the Platform developed specifically for the Organization.

Administrator: means the User responsible for the management of the Area attached to an Organization.

Application: refers to the “SportEasy” mobile app available on Android and iOS

Area: means the area dedicated to an Organization on the Platform, managed by one or more Administrator(s).

Coupon: means a promotional code allowing an Organization to receive a benefit or a discount on the price of a Subscription.

Members: refers to Users attached to an Organization within the framework of the Platform.

Organization: means a set of Users using the Platform via a dedicated Area, grouped for example in an association, team, club, federation, league, committee, school, company, or any other group of Users.

Partner: means a natural person or legal entity that has entered into a partnership with SportEasy allowing it to be presented to Users via the Platform.

Platform: means all services accessible on the Site and/or on the Application.

Sponsor: means any person, whether natural or legal, who takes charge of the payment of a Subscription or Ad Hoc Service, on behalf of an Organization, with the express authorization of SportEasy.

Subscription: means any subscription, whether free of charge or paid, by an Administrator or Sponsor, to the services of the Platform.

ToU: means these terms of use of the Platform.

User: means any person, whether natural or legal, having access to and using the Platform, via an Account or not.

Website: means www.sporteasy.net (as well as any subsequent version that may replace it).

2. Purpose

2.1     The purpose of the ToU is to define the terms and conditions that apply to any User of the Platform.

2.2     Any registration, access, and/or use of the Platform implies acceptance and unconditional compliance with all the ToU by the User.

2.3     All minor Users shall declare and acknowledge that they have obtained the authorization from their parents or whoever holds parental authority over them to register on the Platform.

2.4     Any registration request generated automatically by a robot, or by any other method, will be refused.

3. Presentation of the Platform

3.1     The Platform is mainly dedicated to amateur sports and communities and allows, in particular, to:

• manage and organize the activities of an Organization;
• communicate information among the Members of an Organization;
• improve the overall functioning of an Organization.

3.2     Via the Platform, Users benefit in particular from the following features:

• Data management of Members;
• Management of invitations, presences/absences of sporting or non-sporting events;
• Organization of sporting or non-sporting events;
• Centralization and sharing of the Organization’s calendar;
• Monitoring of results, performance, and statistics;
• Online payment collection via STRIPE;
• Social and fun interactions between Members;
• Document sharing, files, photos, videos, etc.;
• Messaging..

4. Registration of an Organization

4.1     In order to use the Platform, each Organization must appoint an Administrator, from among its Members, with the power to create an Account in order to:

• open an Area for the Organization and
• invite all its Members to create their own Accounts on SportEasy.

The Administrator shall then be the representative of the Organization. If applicable, the Administrator may add or substitute one or more other Administrators (subject to making the change on the Platform).

4.2     The Administrator shall register the Organization on the Platform via the Site or the Application, by:

• creating an Area for the Organization and an Account for the Administrator;
• filling out the different fields of the registration form, including a valid email address and a telephone number per Member;
• reading and agreeing to the ToU and the Data Privacy Policy without reservation.

Once the registration has been approved, SportEasy will send the Administrator a confirmation email.

4.3     When completing the registration form, the Administrator undertakes to provide only accurate, up-to-date, and complete information. It guarantees SportEasy that it has obtained the prior consent of the Members whose e-mail addresses and telephone numbers it may disclose. These Members will be free to request that said information be deleted from SportEasy at any time (see our Privacy Policy).

4.4     The Administrator undertakes not to disclose the access code for the Area Account attached to the Organization. In the event of fraudulent use of the said access code, the Administrator shall immediately inform SportEasy.

4.5     The Administrator is solely responsible for the use of the Area Account attached to the Organization. Any connection or transmission of data made using the Platform shall therefore be deemed to have been made by the Administrator and under their sole responsibility. It is also specified that the Administrator is fully and exclusively responsible for the use of the Organization’s Area by themselves and by any third party whatsoever.

4.6     SportEasy cannot be held liable if it does not receive the data relating to the registration of an Organization for any reason that is not attributable to it (for example, a problem with the Internet connection for any reason at the Administrator’s premises, a temporary failure of its servers, etc.) or if it arrives illegible or is impossible to process (for example, if the Administrator has an inadequate computer hardware or software environment for its registration).

4.7     The Administrator who ceases to be a Member of the Organization undertakes to immediately cease all use of the Area relating thereto. In case of inactivity for a continuous period of six (6) months, SportEasy may modify or delete the login identifiers concerned.

4.8     All registrations are made for an indefinite period, and the Administrator’s Account shall remain active until its closure and the Organization Area shall remain active until it is deleted by an Administrator.

5. Registration of a User

5.1     In order to benefit from a maximum amount of services on the Platform, each User has the option of creating an Account (personal or on behalf of a minor Member when the User holds parental authority) which will give them access to the Area of each Organization in which they are a Member.

5.2     Users will register on the Platform, from the Website or the Application, by:

• creating an Account;
• filling out the different fields of the registration form, including a valid email address and telephone number or using the registration function via Facebook (any registration made via a Facebook account implies acceptance of the ToU and the Data Privacy Policy);
• Reading and agreeing to the ToU and the Data Privacy Policy without reservation.

Once the registration has been approved, SportEasy will send the User a confirmation email.

5.3     When completing the registration form, the User undertakes to provide only accurate, up-to-date, and complete information.

5.4     Users undertake not to disclose their Account’s access code. In the event of fraudulent use of the said access code, the User shall immediately inform SportEasy.

5.5     The User shall be solely responsible for the use of their Account. Any connection or transmission of data made using the Platform shall be deemed to have been made by the User and under their sole responsibility.

5.6     SportEasy cannot be held liable if it does not receive the data relating to the registration of a User for any reason that is not attributable to it (for example, a problem with the Internet connection for any reason at the User’s premises, a temporary failure of its servers, etc.) or if the data arrives illegible or is impossible to process (for example, if the User has an inadequate computer hardware or software environment for its registration).

5.7     The User who ceases to be a Member of an Organization undertakes to immediately cease all use of the Area dedicated to the Organization on the Platform. In case of inactivity for a continuous period of six (6) months, SportEasy may modify or delete the login identifiers concerned.

5.8     All registrations are made for an indefinite period, and the User’s Account shall remain active until it is closed.

6. Costs of using the Platform

6.1     The creation of an Account and/or an Area dedicated to an Organization is free of charge for a User and/or an Administrator, it being specified, however, that the connection and communication costs related to the use of the Platform remain the exclusive responsibility of the User.

6.2     Any Organization newly created on the Platform benefits from a free one-month trial. At the end of this probationary period at the latest, the Administrator may choose the Subscription from which their Organization and Associate Members will benefit.

6.3     SportEasy offers a variety of Subscriptions, free of charge or paid, for an Organization for which the prices in force on the date of subscription of the Subscription appear on the Website and the Application.

The cost of a Subscription may be fixed or variable (depending in particular on the number of Members attached to the Organization). In the event of a variable cost Subscription, the rate per Member shall be decreasing according to the date of addition of the Members.

6.4     SportEasy’s specific remuneration due by an Organization relating to the provision of an Ad Hoc Service Service shall be defined on a case-by-case basis by SportEasy

7. Conditions for purchase of a Subscription and/or Ad Hoc Service Provision

7.1     Only an Administrator or Sponsor may pay a Subscription and/or Ad Hoc Service on behalf of an Organization.

7.2     The payment of a Subscription takes place according to a monthly or annual schedule, in arrears, by bank card, or by SEPA direct debit, or possibly by any other means that SportEasy has expressly and previously accepted.

The payment of an Ad Hoc Service shall be made on one occasion, for the entire associated cost, prior to the provision of said service by SportEasy by bank card, bank transfer, or possibly by any other means that SportEasy has expressly and previously accepted.

7.3     In order to optimize the security of transactions, SportEasy has chosen ADYEN’s payment systems. The guarantees granted by SportEasy for the security of transactions are identical to those obtained by SportEasy from ADYEN.

SportEasy reserves the right to modify the content, type, and price of the Subscriptions at the end of the Subscription Period. SportEasy shall notify the Administrator one (1) month before the end of the Subscription Period. The Administrator who does not accept such changes shall opt-out of the Paying Subscription before the end of the current Subscription Period.

7.4     An Administrator who wishes to use a coupon must inform it on the Platform prior to the payment of a Subscription in order to receive the special terms of use applicable to the Coupon on the said Subscription.

7.5     No right of withdrawal

The payment Administrator, on behalf of the Organization, expressly acknowledges and accepts that the Subscription and/or the Ad Hoc Service Provision shall commence immediately after its payment is approved, either before the end of the fourteen-day period provided for by Article L.221-18 of the French Consumer Code. Consequently, in accordance with the provisions of Article L. 221-28 1° of the French Consumer Code, no request for withdrawal, cancellation, or reimbursement shall be admissible for Subscription and/or the Ad Hoc Service.

7.6     Term

A Subscription may be taken for a period of one month or one year (or any other term depending on the offers offered on the Site and/or the Application), at the discretion of the Administrator at the time of payment (the “Subscription Period”).

The fixed duration of an Ad Hoc Service by an Organization is defined on a case-by-case basis by SportEasy and communicated prior to its purchase by the Administrator.

7.7     Renewal and termination of a Subscription

If an Administrator has subscribed to a Subscription, the payment to SportEasy shall be automatically renewed at the end of each Subscription Period unless the Administrator terminates the Subscription via the Subscription page accessible on the Platform before the end of the current Subscription Period.

SportEasy will send a reminder to the Administrator for this purpose one (1) month before the end of the Subscription Period.

If the Administrator refuses to renew the Subscription automatically, the Subscription will end the day after the last day of the current Subscription Period and the Organization will be downgraded to a free Subscription.

However, if an Administrator cancels a Subscription and/or terminates these ToU after the expiry of the probationary period (if any) and/or before the end of the Subscription Period, SportEasy shall not reimburse the Subscription fees already paid.

The Administrator acknowledges that uninstalling the Application or the removing of its Account and/or Area attached to the Organization shall not affect the renewal of the Subscription.

Consequently, the Administrator is responsible for terminating the Subscription in accordance with the ToU.

7.8     Termination at the initiative of SportEasy.

Without prejudice to any damages that SportEasy may request, SportEasy reserves the right to automatically terminate, without prior notice or indemnity, the Subscription and/or an Ad Hoc Service of an Organization, as well as the access of its Members to the Platform for, in particular:

• any breach of the ToU;
• the provision of false information at the time of registration;
• any actions contrary to SportEasy’s commercial interests.

The termination at SportEasy’s initiative shall not result in any compensation or reimbursement for paid Subscriptions. All sums paid under this Subscription shall remain definitively acquired by SportEasy.

In the absence of any contrary information provided by the Administrator, the computerized records, kept in SportEasy’s computer systems and its Partners under reasonable security conditions, shall be considered as evidence of communications, orders, validations, and payments made between the Administrator and SportEasy. Such information shall be authentic, unless proven in writing and otherwise by the Administrator. The archiving of these elements is carried out on a reliable and durable medium in order to correspond to a reliable copy in accordance with Article 1379 of the French Civil Code.

7.9     Complaints:

For any difficulty, we invite you to make a complaint to the following contact details: by email to contact@sporteasy.net, or by mail to Service réclamations – SportEasy, 6 rue Claude Farrère, 75016 Paris..

8. Advertisements and Partners

8.1     SportEasy may offer links to other advertising websites and/or websites managed by Partners as part of the Platform.

Insofar as SportEasy cannot control them, SportEasy makes no commitment to the provision of these external websites and sources and shall not bear any liability for the content, advertising, products, services, or any other material available therein.

In the same way, SportEasy cannot be held liable for any proven or alleged damages or losses, resulting from or in connection with the use of the content or services available on these advertising sites, Partners, or external sources.

9. Account closure

9.1     A User may close their Account or the Account they manage on behalf of a minor at any time. In accordance with our Data Privacy Policy, the closure of an Account will result in the deletion of the personal data relating thereto.

9.2     Without prejudice to any damages that SportEasy may request, SportEasy reserves the right to close, without notice or compensation, temporarily or permanently, a User’s account in the event, in particular, of:

• a breach of these ToU;
• providing false information at the time of registration;
• actions contrary to SportEasy’s commercial interests.

9.3     The closure of the Account at SportEasy’s initiative shall not result in any compensation or reimbursement including in the event of a Pay Subscription. All sums paid under this Subscription shall remain definitively acquired by SportEasy and the closure of the Account does not release the Organization/Administrator from paying its Subscription until the end of the Subscription.

10. Removal of the Organization’s Area

10.1     An Administrator may remove the Area attached to the Organization for which they are responsible at any time. The removal of the Area from an Organization will result in the deletion of all related data.

10.2     Removal of the Area of an Organization on the initiative of SportEasy

Without prejudice to any damages that SportEasy may request, SportEasy reserves the right to remove, without prior notice or compensation, temporarily or permanently, the Area of an Organization in the event, in particular, of:

• breach of the ToU;
• providing false information when registering the Organization;
• actions contrary to SportEasy’s commercial interests.

10.3     The removal of the Area of an Organization at SportEasy’s initiative shall not give rise to any compensation or reimbursement including in the event of a paid Subscription. All sums paid under this Subscription shall remain definitively acquired by SportEasy and the closure of the Account shall not release the Organization/Administrator from paying its Subscription until its end.

11. Information and content on the Platform

11.1     The User undertakes to exercise judgment in the use of the Platform, in particular in assessing the information and content appearing in the Area of an Organization of which they are a Member.

In this respect, the User acknowledges in particular that the information and content available on the Platform is not exhaustive and that its main purpose is to assist the Administrator in the management of the Organization.

11.2     The User must not in any way sell, resell, or exploit in any way and for any purpose whatsoever all or part of the content available on the Platform.

11.3     The User is solely responsible for communications, information, files, videos, photos, documents, or other content that it publishes and transmits via the Platform.

11.4     Communications, information, files, videos, photos, documents, or other content published by the User on the Platform represent the User’s sole advice and opinions and, in no way, those of SportEasy or its employees and agents.

11.5     Within the framework of the Platform, the User undertakes to provide only objective, complete, and sincere information, in accordance with the rules of propriety, courtesy, and respect for others.

SportEasy encourages the User to exercise restraint and prudence in the expression of communications, information, files, videos, photos, documents, or other content that they wish to distribute on the Platform. As such, the User undertakes not to publish on the Platform content contrary to the laws and regulations in force and in particular not to:

• disseminate information contrary to public policy or morality;
• divert the purpose of the Platform in order to carry out propaganda or proselytism, prospecting or harvesting; to publish commercial, advertising or propaganda information in favor of tobacco, alcohol, or any other regulated substance, product or service;
• disseminate content that violates the personality rights of third parties or which is defamatory, injurious, obscene, pornographic, offensive, violent or that incites to discrimination, or political, racist, xenophobic, sexist, or homophobic violence;
• publish information that violates personal data protection legislation allowing the identification of natural persons without their consent, including their family name, postal and/or electronic address, telephone, photograph, sound or audiovisual recording;
• infringe the intellectual property rights of third parties, in particular by removing or deleting any mention of copyright or trademarks, as well as any restrictive caption.

11.6     The User also undertakes to respect the rights of others, and in particular:

• personality rights (such as right to the image, right to privacy);
• trade mark rights;
• copyrights (including software, sounds, images, photographs, texts, animated images) and related rights (interpreter artists, producers of phonograms and videograms and sui generis rights of database producers);
• in general, the rights of persons and property.

11.7     The User shall also refrain, without SportEasy’s prior written authorization and without limitation, from the following:

• using the Platform for promotional purposes and in general to offer products and services remunerating it directly or indirectly;
• creating archive files from the content shown on the Platform;
• reproducing, representing, using, referencing (particularly in search engine metawords), all or part of the content, brands, logos, and distinctive signs appearing on the Platform.

11.8     Failure to comply with these ToU may result in the immediate and automatic withdrawal of the disputed content, a warning and/or the closure of the infringing User’s Account, notwithstanding any other legal action and/or damages that SportEasy may be entitled to initiate or claim.

11.9     Under no circumstances may SportEasy be held liable for the information, files, videos, photographs, documents or other content appearing on the Platform and, in particular, due to their illegal nature, errors, or omissions affecting them, or for any loss or damage resulting from the use of said elements by a User.

11.10     Any hypertext link referring to secondary pages of the Site is strictly prohibited, unless the User has been expressly authorized by SportEasy to include it. In addition, any link must be removed by the User upon simple request from SportEasy.

12. Moderation role of the Administrator

12.1     The Administrator, in its capacity as coordinator and supervisor of the Area attached to an Organization, undertakes to ensure compliance by the Members with the terms of Article 11 above and to delete all or part of the contents that were contrary to the law and/or public order and/or to these ToU, as soon as it becomes aware thereof, to remove any violent, pornographic, racist, anti-Semitic, xenophobic content that undermines respect for the human person or his/her dignity, infringes on privacy, on copyright, related rights, trademark rights, and third-party personality rights.

12.2     In the event of non-compliance with these rules and practices, SportEasy reserves the right to exclude the Administrator and/or the infringing Member as well as to initiate any legal action likely to put an end to the manifestly unlawful disturbance resulting from the misuse of the Platform by the Administrator and/or to obtain compensation for its loss.

13. Sending emails, push notifications, and SMS messages

13.1     Within the framework of the Platform, SportEasy offers email communication, push notification on the Application and SMS messages allowing communication between the Members of an Organization, for the sole purpose of exchanges of information inherent to the Organization, using mobile phone numbers and email addresses provided by Members when creating their Account.

13.2     The User may decide at any time to cease receiving emails, push notifications or SMS messages from SportEasy by changing the settings of his/her Account directly on the Platform.

13.3     The Administrator acknowledges that the Organization may be invoiced for the sending of emails and/or SMS messages, in accordance with SportEasy’s pricing terms and conditions in force.

14. Collecting money of the Platform

14.1     An Organization may organize collections of money from Members through the Platform.

To do so, the Administrator must identify a recipient of the collections and add the information of the bank account to be credited.

The Administrator is responsible for providing on the Platform the information necessary to recover the funds collected by the recipient of the collections. It also acknowledges having obtained the authorization of the recipient or its legal representative in order to provide this information prior to the organization of the collection. The Administrator acknowledges that once the beneficiary has been added and approved on the Platform, it is no longer possible to change its identity, substitute another beneficiary or modify the account to be credited. All information validated is therefore final.

14.2     The information completed by the Administrator and the financial transactions associated with a collection are managed, on behalf of SportEasy, by a payment provider (« STRIPE »).

14.3     STRIPE and SportEasy charge bank and management fees on each collection. In France, these fees amount to 2.5% of the total amount of euro funds collected in connection with the collection. These fees vary depending on the country and currency of the Organization that organizes the collection.

14.4     Fees may be applied to the amount paid individually by a Member or on the aggregate amount collected by the Organization at the discretion of the Administrator when the collection is created.

14.5     Any payment made in connection with a collection shall be transferred, by and via STRIPE, to the recipient’s bank account within seven (7) days of the date of such payment.

15. Access to the Platform – Liability

15.1     SportEasy makes its best efforts to make the Platform available 24/7, independently of scheduled maintenance operations, subject to the provisions of this article.

15.2     SportEasy reserves the right to make any modifications and improvements of its choice to the Platform and related to any technical developments. Thus, SportEasy reserves the right, without notice or compensation, to temporarily suspend access to the Platform to ensure scalable or corrective maintenance operations. The User holds SportEasy harmless from any liability in this respect and waives any claim on this basis.

15.3     SportEasy does not provide any express or implied warranty, including but not limited to guarantees relating to the quality and compatibility of the Platform for a specific purpose.

15.4     SportEasy does not offer any guarantee that the uninterrupted operation and/or continuity of the Platform may be insured in the event of force majeure or fortuitous events as defined by Article 1218 of the French Civil Code, in which case SportEasy cannot be held liable.

15.5     In the event that SportEasy’s liability is incurred by the User as a result of a breach of one of its obligations under these ToU, the compensation shall be limited to direct, personal, certain and foreseeable damages only.

15.6     SportEasy does not guarantee the relevance and accuracy of information published on the Platform by third parties.

15.7     SportEasy shall not be liable for any disputes, actions, or recourse by third parties which may invoke rights, particularly private rights, over any content not created by SportEasy.

16. Personal data

The conditions under which SportEasy collects and processes the data are detailed in the data privacy policy.

17. Intellectual Property

17.1     The services and their content (including data, databases, software, photographs, information, illustrations, logos, brands, etc.) that appear or are available on the Platform are protected by all existing intellectual property rights, the right of database producers and/or any other right recognized by the legislation in force.

17.2     Any copy, reproduction, representation, adaptation, alteration, modification, unauthorized dissemination, in whole or in part, of the services and/or the content of the Platform, whether it concerns the content belonging to SportEasy, a User, an Organization or a third party, is unlawful and may incur the criminal and civil liability of the offender.

17.3     SportEasy grants the User the right to use the Platform for its needs, to the exclusion of any profit-making use.

17.4     When they post content on the Platform as part of its use, the User automatically grants SportEasy, free of charge, a personal, non-exclusive license to use the said content.

17.5     This license is granted worldwide, for all uses on all media and by any means of dissemination known or unknown to date, and for the entire duration of the legal protection of intellectual property rights (including renewals and extensions):

• the right of reproduction: right to make or have made an unlimited number of copies of the content, in any form or on any medium, known or unknown to date, and in particular on any paper, magnetic, digital or other medium (for example, any brochures, press media, posters, web pages, reports, and any recording media such as CD, DVD, disk, internal or external hard drive or any other means of recording), by any technical process known or unknown to date;
• the right of representation: the right to communicate, distribute, have communicated or have disseminated the content to the members of the User’s Organization by any means, known or unknown to date, and in particular by any telecommunications network or any mode of reading, exchange of information and communications (Internet, radio network, cable, satellite, download, teletransmission, etc.);
• the right to translate content into all languages (including all computer languages).

17.6     The User warrants to SportEasy that the content they post online on the Platform does not constitute an infringement of intellectual property rights or any other rights belonging to a third party.

17.7     Consequently, the User undertakes to defend SportEasy and to assume responsibility and/or indemnify SportEasy for any damage that may result from any action or claim of a third party, concerning the content posted online by the User.

18. Contractual Documents

18.1     These ToU govern all contractual or pre-contractual commercial relations between SportEasy, the User and/or the Organization, relating to the use of the Platform and the taking of Subscriptions offered by SportEasy.

18.2     These ToU shall prevail over any agreements or provisions to the contrary between the parties. They cancel and replace the ToU that may have governed the previous relations between the parties.

18.3     These ToU constitute all the authentic contractual documents between the parties.

18.4     SportEasy reserves the right to modify, at any time, the content of the ToU. Such changes result in the release of a new version that will automatically apply to services provided subsequently.

19. Applicable Law, Mediation and Jurisdiction

19.1     The ToU are subject to French law.

19.2     The parties undertake to seek an amicable solution before any legal action. In the event of a claim that is not resolved amicably between the parties, the User may have recourse to consumer mediation free of charge. It is proposed that the following mediator be used: Centre de Médiation et d’Arbitrage de Paris (CMAP), www.mediateur-conso.cmap.fr.

19.3     The User may also use the online dispute resolution platform posted by the European Commission at the following address: www.ec.europa.eu/consumers/odr/.