The purpose of these general conditions of use (hereinafter referred to as "CGU") is to define the terms, conditions and rules for the free or paid use of the "GOWOD" Application (hereinafter referred to as "Application") published by GOWOD (hereinafter referred to as "GOWOD" or "the Company" or "the GOWOD Company" or "the Provider") and the services offered therein. They will be the only ones applicable, even in case of contrary indications indicated elsewhere.
The CGU are applicable to all Users of the Application and associated services. By installing, accessing and using the Application on his terminal, the User expressly accepts, without any conditions or reservations, the entirety of the General Terms and Conditions defined below. By doing so, the User confirms that he/she has read and understood these T&Cs before using the Application and associated services and undertakes to comply with them.
If the User does not wish to accept these TOU, we ask the GOWOD Company not to install and access the Application.
The following terms used in these TOU shall have the meanings set forth below:
Application "means the Software Application" GOWOD "published and provided by the Provider and made available by Apple AppStore, Google Play and Android Marketplace.
Content "includes but is not limited to: the structure of the Application, editorial content, drawings, illustrations, images, photographs, graphics charters, trademarks, logos, acronyms, company names, corporate names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content within the Application and/or any other component of the Application.
Services "refers to the various functionalities and services offered by the Application and on the" GOWOD "website.
User "means a major or minor individual who has downloaded the Application and has access to the service through a free subscription or a GOWOD Premium subscription;
Server "means the systems necessary for the implementation of the elements and services required to operate the Application, maintenance and technological solutions.
GOWOD Premium "means paid subscription access to all content and services available on the GOWOD Application.
Platform "means the combination of the Application, the Server and all related services.
3. GOWOD Mobile Application Object
The purpose of the Application is to provide the User with a digital service enabling him/her to receive quality videos of stretching, self-massage and mobilization movements in order to improve range of motion and well-being.
In order to make full use of certain services offered by the Application - such as mobilization protocols and self-massage - certain equipment may be required (such as bales and rollers, elastic bands, weightlifting bars, etc.). The supply of such equipment is not included in the services provided by GOWOD Company and the User must obtain them at his own expense.
Several services can be offered to the User and in particular:
videos of exercise in mobilization, stretching and self-massage;
post-training self-massage protocols;
mobility, laxity and flexibility tests;
interpretations of the results of mobility, laxity and flexibility tests
Practical and/or technical information concerning mobilization, stretching and self-massage exercises.
This list is not exhaustive.
By accepting these GTC, the Application User understands and acknowledges that GOWOD is not a medical organization and does not provide medical advice. Therefore, it is the User's responsibility to consult a healthcare professional before using the GOWOD Application.
The use of the GOWOD Application requires, in any case, a good general state of health. Regardless of whether or not the User has a medical history, GOWOD recommends that the User consult a physician before using the Application. This precaution is particularly necessary if the User is a pregnant or breastfeeding woman or if the User is concerned by one or more of the following disorders, diseases, pathologies, interventions: cardiovascular disease, respiratory disease, vertebral and/or articular problems, neuromuscular diseases, surgical intervention, etc... This precaution is particularly necessary if the User is pregnant or breastfeeding or if the User is concerned by one or more of the following diseases, pathologies, interventions: cardiovascular disease, respiratory disease, vertebral and/or joint problems, neuromuscular diseases, neuromuscular diseases, surgical intervention, etc.
In the event that the User has any doubt whatsoever as to his state of health before or during use of the Application (for example, shortness of breath, pain, discomfort, nausea, dizziness), it is recommended that the User immediately consult his physician. In this case, the GOWOD Company recommends to immediately stop using the GOWOD Application.
The services, information, mobility tests, mobilization, self-massage and stretching exercises, as well as mobilization protocols offered in connection with the use of the Application should not be considered or interpreted as medical advice, advice or diagnosis. These services, information and tests are in no way a substitute for medical consultation, medical treatment or advice from a qualified professional.
5. Subscription Subscription
5.1. Conditions of access to services and tariff conditions
Access to the contents and services of the Application is offered to the User by subscription within the framework of a license to which is assigned an access code and a password.
Three subscription formulas are offered to the User, excluding the cost of a subscription with the mobile phone operator, the cost of connection to and access to the Internet network, and any additional charges for data loading:
a free subscription where access to the services offered by the Application is limited to basic features and information. The User has the right to unsubscribe at any time and free of charge directly from the application shop specific to his platform (Android or iOS).
A monthly subscription fee of 7€99/month "GOWOD Premium" for which the User has full access to all services of the Application. This subscription is subscribed for one month after a free trial period of 7 days and is renewed by tacit renewal at the end of each month. The User has the option of not renewing his commitment by unsubscribing without charge - before the end of the contractual term - directly from the application shop specific to his platform (Android or iOS). The unsubscribe request made during the month will take effect the following month. Any month started is due.
a half-yearly subscription paying "GOWOD Premium" at 35€99 payable when the contract is concluded. As part of this subscription, the User has full access to all of the Application's services. This subscription is subscribed for six months after a free trial period of 7 days and is renewed by tacit renewal - for the same period - at the end of the contract. The User has the right not to renew his commitment by unsubscribing without charge before the end of the contract. To do so, they will be able to unsubscribe from their platform's application shop (Android or iOS). An unsubscribe request made during a six-month period will be effective at the end of that six-month period. Any six-month period commenced shall be due.
GOWOD Company freely sets the price of access to its services and contents via the Mobile Application and reserves the right to change the selling price of the monthly or half-yearly subscription. Any price change will be applicable to any new contract. No price changes can be made for current subscriptions.
Likewise, the Company reserves the right to vary the selling price of its services according to the User's country of residence.
5.2. Tariff conditions
The subscription pricing conditions are those communicated by the integrated purchasing platform on the day the subscription is concluded.
The Online Applications Shop is likely to present the subscription offers available at the weekly price/week, in addition to the monthly or half-yearly price indication. In all cases, the payment of the "GOWOD Premium" subscription fee is governed by the provisions of Article 5.1 of these GTCU.
In the event of changes to the tariff conditions of the "GOWOD Premium" paid subscription, these will be communicated to the User with two months' notice before the renewal of his contract. If the User does not accept the announced tariff change, he/she has the right not to renew his/her contract and to unsubscribe free of charge by logging into his/her User account via the Mobile Application.
GOWOD reserves the right to offer and/or remove promotional offers and discount codes from its website and its Application at any time.
5.3. Tacit renewal
5.3.1. Conditions of tacit renewal of the subscription
GOWOD Premium "subscriptions are subscribed for a fixed term and are renewable for the same term by tacit agreement.
The User has the option of not renewing his contract at the end of the term and to unsubscribe at no cost by connecting directly from the application shop specific to his platform (Android or iOS). The request for unsubscribe during the contract period will take effect at the end of the contract period. Any contract period started is due.
In accordance with Article L. 215-1 of the Consumer Code, literally reproduced: In the case of service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by personal letter or dedicated e-mail, not earlier than three months and not later than one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract which he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in an apparent box, the deadline for non-renewal. Where this information has not been sent to him in accordance with the provisions of the first subparagraph, the consumer may terminate the contract free of charge at any time after the date of renewal.
Advances made after the last renewal date or, in the case of contracts of indefinite duration, after the date of conversion of the initial fixed-term contract, shall in this case be repaid within 30 days of the date of termination, less the amounts corresponding to the performance of the contract up to that date. The provisions of this Article shall apply without prejudice to those which legally subject certain contracts to special rules concerning consumer information.
5.4. Free trial
A free trial of the GOWOD Application with the "GOWOD Premium" subscription is offered, under conditions, by the GOWOD Company to all new Users. This trial is limited in time (7 days) and is valid only once per User. At the end of the free trial period, the User will be invoiced according to the chosen subscription formula, unless he/she cancels his/her subscription before the end of the free trial period.
5.5. Right of withdrawal
5.5.1. Implementation of the right of withdrawal
In accordance with Article L. 221-18 of the Consumer Code, the consumer has a period of fourteen calendar days to exercise his right of withdrawal from a contract concluded at a distance, without having to justify reasons. This period runs from the day on which the online contract is concluded. The consumer may exercise his right of withdrawal by post or e-mail at the following addresses:
Mailing address: SAS GOWOD - 5T Avenue de Castelnau - Bat. B - 34090 Montpellier - France
5.5.2. Sample form for exercising the right of withdrawal
To exercise his right of withdrawal, the consumer may use the following form:
Attention SAS GOWOD SIS 5T, Avenue de Castelnau, Bat. B, 34090 Montpellier - France - email@example.com
I hereby notify you of my withdrawal from the GOWOD Application Services Agreement below:
Name of the consumer:... (to be completed)
Consumer address:... (to be completed)
Signature of the consumer... (only if this form is notified on paper)
5.5.3. Exclusions from exercising the right of withdrawal
In accordance with the provisions of Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised in case of:
the provision of fully performed services before the end of the withdrawal period and the execution of which began after the consumer's express prior agreement and express renunciation of his right of withdrawal.
the provision of digital content not provided on a physical medium, the performance of which began after the consumer's express prior agreement and express waiver of the consumer's right of withdrawal.
5.5.4. Refund following withdrawal
In accordance with Article L. 221-24 of the Consumer Code, the trader must reimburse the consumer for all sums paid, including delivery charges, without undue delay and no later than 14 days from the date on which he is informed of the consumer's decision to withdraw.
In accordance with Article L. 242-4 of the Consumer Code, where the trader has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
- the legal interest rate if repayment is made no later than 10 days after expiry of the 14-day period mentioned above,
- 5 % if the delay is between 10 and 20 days,
- 10 % if the delay is between 20 and 30 days,
- 20 % if the delay is between 30 and 60 days,
- 50% between 60 and 90 days, and five additional points for each additional month of delay up to the product price and then the legal interest rate.
6. Connecting to the Application
6.1. Identification elements and registration
In order to be able to use the GOWOD Application and all related services, the User must first download the Application and then register by creating a User account. Registration will be finalized upon receipt of a confirmation e-mail.
The access codes provided by Email to the User or created by the User are personal, confidential and non-transferable. The use of the elements of identification constituted by the combination of the identifier and the password assigned to the User is placed under the sole responsibility of the latter.
The User is responsible for maintaining the confidentiality of his password and account information. He undertakes to make strictly personal use of it and not to share this login information and, in doing so, access and use the Application, with a third party to the contract.
The User acknowledges and accepts that he/she can only log into his/her user account from one mobile device at a time. In case of connections with the same identifiers on several devices and terminals simultaneously, the User will receive a warning by e-mail. If the operation is repeated by the User, GOWOD Company may terminate the subscription without notice.
Any User who contravenes these terms and conditions may be subject to legal action and termination of his subscription without prior notice.
6.3. Downloading the Application
To access and use the Application, the User must have a compatible phone or mobile device and Internet access.
The Application can be downloaded from the Apple Store, Google Play Store and Android Marketplace platforms on the following mobile devices:
Apple® Apple® IPhone® mobile phone with iOS 9 operating system (minimum version required)
Mobile phone with Android® OS OS 5.0 Lollipop operating system (minimum version required)
6.4. Application Availability and Updates
The software version of the Application may be automatically updated from time to time to add, remove or modify features and services offered by the Application. GOWOD reserves the right to modify, interrupt or delete at any time and without compensation all or part of an update.
The Application is accessible 24 hours a day, 7 days a week, except in case of force majeure or the occurrence of an event beyond GOWOD's control, subject to server breakdowns, possible system and Application "bugs" and maintenance interventions necessary for the proper functioning of the Application. By accepting these TOU, the User acknowledges that GOWOD Company owes an obligation of means concerning the rapid return to service of the Application when one of these events occurs.
Maintenance work may be carried out without prior notice to the User.
6.5. Modification of the Services offered
GOWOD may unilaterally make changes to the services offered by the Application, particularly as a result of technical developments, provided that no price increase or alteration in the quality of the services provided by the Application results and that the essential characteristics of the service provided for in these GTCU are not modified.
7. Obligations of the parties
GOWOD Company undertakes to provide the User with access to its Application in accordance with the terms and conditions defined in these GTCU. The Company further undertakes to use all means at its disposal to secure access to and use of the Application, the User's personal data and to ensure high availability of services and content.
The User undertakes, in return for access to the Application and its use free of charge or against payment, to respect the chosen subscription terms and conditions.
The User is authorized to download the Application for his/her own use, for strictly personal and non-commercial, not-for-profit, direct or indirect use. In addition, the User must make fair use of the Application and expressly undertakes to do so:
- not to sell, rent, sublicense or otherwise distribute the Application and/or the Content to third parties.
- not to make any copy, adaptation, modification, modification, translation, transcription, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, or reverse engineering of all or part of the Application, services and/or the. In particular, the User undertakes not to extract or reuse, including for private purposes, a substantial part or not of the content of the databases and multimedia contents of the Application.
- not to reproduce permanently or temporarily the Application, in whole or in part, by any means and in any form;
- not to export the Application and/or merge all or part of the Application with other computer programs;
- not to use software or other devices that may interfere with the proper functioning of the Application.
8. Use and Intellectual Property
GOWOD Company is the exclusive owner of all intellectual property rights relating to the Application and its content, subject to the rights of the companies licensed by GOWOD.
GOWOD Company is the sole owner of all anonymous or anonymized data resulting from the use of the Application and all services connected with it.
The GOWOD Company grants the User the right to use the Application, implying access to the content and services offered according to the subscription formula chosen.
This license does not confer any right of use to the User on the Content. The User therefore agrees not to reproduce, represent, adapt and/or exploit the contents of the Application. In addition, the User expressly undertakes that the use of the Application does not in any way infringe the rights of GOWOD Company, and in particular that such use does not constitute an act of counterfeiting, unfair competition or parasitic content.
Furthermore, by accepting these TOU, the User understands and acknowledges that the right of use of the Application granted to him/her - whether through a free or paid subscription - is neither transferable nor transferable for any reason whatsoever. This right of use is granted to the User solely for its own purposes in connection with the use of the Application and associated services, to the exclusion of any other purpose. Consequently, none of the provisions of the TOU can be interpreted as operating a license, an authorization of exploitation, a sale, a loan or a rental, an assignment, a transfer, a concession etc. granted directly or indirectly by the Company GOWOD to the User on the Application, its contents and/or services.
Finally, since the User does not acquire any intellectual property rights over the Application, the content and/or services or any other rights other than those granted herein, it is strictly forbidden to access and/or use the source code of the Application and/or the Application's software components.
These GTCU are the exclusive property of GOWOD Company. Any reproduction in whole or in part of this document is prohibited under penalty of legal proceedings.
9. Protection of personal data
9.1. Collection of personal data
The personal data that are collected via the Application, website and GOWOD platform are as follows:
Create an Account
When creating the User's account, his name, first name, e-mail address and date of birth.
When the User logs on to the Application, website and platform, the latter shall record, in particular, his/her surname, first name, login, usage, location and payment details.
Using the benefits provided on the Application allows you to fill in a profile, including surnames, forenames, date of birth, gender.
The information requested in order to complete the User's profile may also include the name of the CrossFit Affiliate Room in which the Application User trains mainly (the term "Garage Gym" may be used if the User does not train in a CrossFit Affiliate Room), as well as the User's CrossFit technical level of training (identified under the term "Category" of the User Profile).
In connection with the payment of products and services offered on the Application, the website and the platform, they record financial data relating to the User's bank account or credit card.
9.2. Use of personal data
The purpose of the personal data collected from Users is to provide GOWOD Application related services, improve them and maintain a secure environment. Specifically, the uses are as follows:
Access to and use of the Application by the User and related services;
Management of the functioning, optimization and improvement of the Application, website and platform;
Organisation of the conditions of use of payment services;
Verification, identification and authentication of the data transmitted by the User;
Implementation of user support
Fraud prevention and detection, malicious software and security incident management; management of possible disputes with Users.
Sending commercial and advertising information, according to the User's preferences.
9.3. Sharing personal data with third parties
Personal data may be shared with third party companies in the following cases:
When the User uses the payment services, for the implementation of these services, the platform of putting in touch with third party banking and financial companies with which it has concluded a contract.
When the User authorizes the website of a third party to access its data
When the platform uses the services of service providers to provide user support, payment services and possible advertising. These service providers have limited access to the User's data in connection with the performance of these services and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
If required by law, the platform can carry out data transmission to follow up on claims against the platform and comply with administrative and judicial procedures;
If the platform is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, the Users will be informed before personal data are transferred to a third party.
9.4. Transfer of personal data
Due to the organization of the company responsible for the platform, possibly within an international group, the User authorizes the platform and GOWOD Company to transfer, store and process its information in the United States. The laws in force in this country may differ from those applicable in the User's place of residence within the European Union. By using the platform, website or GOWOD Application, the User consents to the transfer of his/her personal data to the United States.
The platform remains responsible for personal data that is shared with third parties under the Privacy Shield.
The platform complies with the rules of the Privacy Shield, as formulated by the U. S. Department of Commerce regarding the collection, use and retention of personal data transferred to the United States from the European Union. The Platform has told the U. S. Department of Commerce that it adheres to the principles of privacy shield. In the event of a conflict between the terms of the clause and the principles of the Privacy Shield, the latter shall prevail.
9.5. Security and confidentiality
The platform implements organizational, technical, software and physical measures in digital security to protect personal data against unauthorized alteration, disruption and access. In order to meet this commitment, GOWOD uses the services of third-party companies specialized in the storage and security of digital data. However, it is important to note that the Internet is not a completely secure environment and the platform cannot guarantee the security of transmission or storage of information on the Internet.
9.6. Implementation of Users' rights
In accordance with the regulations applicable to personal data, Users have the following rights:
- They can update or delete their personal data by logging in to their account and configuring the account settings;
- They can delete their account by accessing their profile on the GOWOD Application, on the website or by writing to the following e-mail address: firstname.lastname@example.org.
- They can exercise their right of access, to know the personal data concerning them, by writing to the following e-mail address email@example.com. In this case, prior to the implementation of this right the platform may request proof of the User's identity in order to verify its accuracy;
- If the personal data held by the platform are inaccurate, they can request an update of the information by accessing their profile on the GOWOD Application or by writing to the following e-mail address: firstname.lastname@example.org.
- Users may request the deletion of their personal data in accordance with applicable data protection laws by writing to the following e-mail address: email@example.com.
9.7. Evolution of this clause
The Platform reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this clause, the platform undertakes to publish the new version on its Application. It will also inform the User of the change by e-mail, within a minimum of 15 days before the effective date. If the User does not agree with the terms of the new wording of the personal data protection clause, he/she may delete his/her account and unsubscribe from the services offered by GOWOD.
10. Termination of contract and termination clause
The GOWOD Company may cease its activity and/or terminate the use of the Application at any time, subject to giving the User a reasonable period of notice and subject to reimbursement of the sums collected under the current subscription pro rata temporis. Termination entails termination of the subscription and access to the Application, services and related content.
If one of the parties fails to comply with its obligations, the contract shall be automatically terminated, without notice and without prior formalities, without prejudice to any damages that may be claimed from the defaulting party.
By adhering to these GTCU, the User understands and acknowledges that the use of the GOWOD Application, the contents and services made available and associated with the Application is carried out under his/her full responsibility.
Except in the event of fault or breach by GOWOD Company of its obligations, the Company shall not be held liable either expressly or tacitly for any damage whatsoever (including pain, injury of any kind), suffered by the User or by a third party, resulting directly or indirectly from the use of the Application, the contents, associated services, their interpretation or from inaccurate or incomplete information, an error, absence or inadequacy of data completeness. This means that GOWOD cannot be held responsible for the implementation of the information, advice, mobilization protocols and results of the mobility test - an implementation over which GOWOD has no control or control.
Similarly, the GOWOD Company shall not be liable for any loss or damage of the User or third parties - whether foreseeable or unforeseeable and directly or indirectly related to the use of the GOWOD Applications, contents and related services. This includes in particular any bodily injury, moral, financial, financial, lost profit, loss, inaccuracy or corruption of files or data, commercial loss, loss of opportunity, cost of obtaining a product or service or substitute technology, in connection with or resulting from the non-performance or improper performance of services.
The amount of reparable damages that the service provider may be required to pay to the User is limited, all damages included, to the price of the services paid under the contract. This ceiling is not applicable in the event of fraud or gross negligence.
GOWOD guarantees the conformity of its services with the contract. Nevertheless, the service provider's guarantee is limited to the reimbursement of the services actually paid for by the buyer and the service provider cannot be considered as responsible or defaulting for any delay or non-performance resulting from the occurrence of a case of force majeure.
By accepting these GTC, the User understands and acknowledges that GOWOD Company is not liable for any obligation of result.
GOWOD Company is not considered as responsible in case:
- misinterpretation or misuse of data and information provided through the Application;
- Ineffective exercises and mobilization protocols - insofar as their effectiveness depends directly on the manner, rigour, technical level of the User and the daily regularity with which they are carried out and the GOWOD Company does not exercise any control, supervision and/or verification of these methods of execution and the correct application of the instructions and advice given in the Application.
- lack of results expected by the User using the Application;
- injury (s) related to the implementation of advice, mobilization protocols and other information provided by the Application.
The User declares that he/she is aware of and accepts the characteristics and limitations of the transmission of information over the Internet, as well as the costs of connecting to this network. In particular, it is responsible for ensuring that the technical characteristics of the hardware and software it uses enable it to access the Service in good conditions, and for taking all appropriate measures to be protected from contamination by any malicious programs.
With regard to the protection of personal data, the User acknowledges that he/she is solely responsible for the use he/she makes of the GOWOD Application and the information he/she shares.
The Application is provided without warranty of any kind.
It is thus incumbent on all Users to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any damage. GOWOD Company shall in no way be held legally liable for damages of any kind caused to Users, their terminals, computer and telephone equipment and the data stored therein, nor for any consequences that may result from this on their personal, professional or commercial activities.
13. Modification of the TOS
Applicable T&Cs are those in force on the date of connection and use of the Application by the User.
The Application may be updated on a regular basis. In this respect, any Application downloaded by a User has a limited validity in time, taking into account these updates to download imperatively and any technical, legislative or regulatory developments that GOWOD does not control.
Any changes that may be made to the Terms and Conditions will be brought to the attention of the Users by simply putting them online. They are deemed to be accepted without reservation by any User who accesses the Application after the said posting.
14. Applicable law, jurisdiction and language of contract
These GTCU are subject to French law.
Any dispute or dispute concerning the validity, interpretation, execution, termination, consequences or consequences of these TOU which could not have been settled amicably between the parties will be submitted to the competent courts under the conditions of common law.
For the definition of the competent jurisdiction, SAS GOWOD elects SIS 5T, Avenue de Castelnau - Bat. B - 34090- Montpellier - France
These GTCU are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authoritative in case of dispute.
15. Amicable settlement of disputes
In the event of a dispute arising between the parties concerning the validity, performance or interpretation of the contract, the User and GOWOD Company undertake to cooperate with diligence and good faith in order to find an amicable solution before any litigation procedure.
16. Mediation of consumer disputes
In accordance with the provisions of Article L. 612-1 of the Consumer Code concerning the mediation process of consumer disputes, the customer has the right to call upon the MEDICYS Mediation Service, to which GOWOD is subject, free of charge.
This mediation mechanism can be joined by:
- electronic means: https. //app. medicys. fr
- or by post: MEDICYS - 73 Boulevard de Clichy - 75009 Paris - France
17. Contact - Information - Claims
Any clarification relating to the Application of these Terms and Conditions, any request for information or claim relating to the operation of the GOWOD Application and the User's commitment must be addressed to Customer Service:
- By E-mail to firstname.lastname@example.org
- By post to the address:
5T, Avenue de Castelnau
18. Legal Information
5T, Avenue de Castelnau
Manager: Mr. Thibaud SALINE
Company registered with the RCS of the Montpellier District Court.
Intra-Community VAT N°: FR 37 834014706