General Terms of Use

/General Terms of Use

General terms of use of the MOLOKOY application

Article 1 – Legal information

These General Terms of Use (hereinafter “the General Terms of Use” or (“GTU”) effect a binding agreement between you (“Customer” “You” “Your”) and MOLOKOY SARL, (“Company”), a company organized under the laws of France, granting You limited rights to use the Molokoy Mobile Web Application and any corresponding subscription services. Your use is subject to the GTU. No Orders for subscription services are binding on Company until accepted by Company. Orders for subscription services are deemed to be accepted upon Company’s delivery of the subscription products included in such Order.

BY INSTALLING, OR USING THE MOLOKOY MOBILE WEB APPLICATION, YOU AGREE TO BE BOUND BY THE GTU. IF YOU DO NOT AGREE TO THE TERMS OF THE GTU, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE MOLOKOY MOBILE APPLICATION OR ANY RELATED SUBSCRIPTION SERVICES.

Article 2 – Scope of application

The present GTU applies, without restriction or reservation, to any access and use of the MOLOKOY mobile web application (hereinafter “the Application“). The features of the Application are focused on nonprofessional users, but suitable for runners at all levels (hereinafter “the Users” or “the Runners”). The User is required to read the GTU before any use and any registration on the Application.

The GTU must be accepted by the User to use the services of the Application, by means of validation when registering on the Application.

Article 3 – Services offered on the Application

The Company offers on its Application :

  • A service of analysis of the running technique of the runners;

  • A follow-up of the results and the progress of the runners;

  • Warm-up protocols and running technique exercises;

  • Training sessions and plans;

  • Self-care and mobility exercises.

(hereinafter referred to as “the Services“).

In this respect, the Company offers several subscriptions, the pricing terms and conditions of which are detailed on the Application and on the Company’s website at the following address: https://www.molokoy. io/#pricing

3.1. Analysis of the Runner’s technique

In order to enable the analysis of his running technique, the Runner must upload a video of his running on the Application, in accordance with the instructions provided by the Company. A smartphone with a camera function is required to produce this video. All costs, whatever they may be, relating to the use of the said smartphone shall be borne exclusively by the User, who is solely responsible for the proper functioning of his computer equipment and his Internet access.

Failure to comply with the instructions given by the Company for the production of the said video will prevent the Company from providing the Runner with a complete and relevant analysis of his running technique.

The analyses are scheduled on the dates indicated in the terms and conditions of the subscription chosen by the Runner, as specified on the Company’s website or on the Application. The Runner must therefore comply with these dates in order to send the Company his or her videos. The analyses shall be returned to the Runner on the date specified at the time of submission of his/her video, subject to compliance with the instructions provided.

The subscription taken out by the Runner may provide for additional analyses in order to verify the improvement of the Runner’s technique throughout his subscription. These analyses may be included in the subscription taken out by the Runner or may be ordered in addition at the rate indicated on the Application.

3.2. Monitoring results and progress

The analyses performed by the Company will allow :

  • to identify the axes of improvement of the Runner’s technique;

  • to give it a specific notation relative to the different components of its stride ;

  • to give him an overall rating on his running technique.

The results of all the analyses as well as the Runner’s progress curve are accessible at any time via a dedicated button on the interface, even after the end of his subscription, until the User deletes his personal space.

3.3. Warm-up and technique exercise protocols

Following the first analysis, and if the subscription taken out by the Runner provides for it, the Company will communicate to the Runner warm-up protocols and running technique exercises in order to improve his technique. These protocols are communicated to the Runner in the form of a series of videos demonstrating the exercises, with indications and points of attention to be observed for each one.

Access to the protocols by the Runner is possible throughout the duration of his subscription. At the end of the subscription period, the Runner will no longer have access to said protocols. To maintain this access, the Runner must take out an additional subscription.

Training packs created by the Company or specially developed with third party partners of the Company may also be offered to Users of the Application. The content of these packs is detailed on the Company’s website and on its Application.

Article 4 – Presentation of the Application

4.1. Access to the Application

The Application is accessible free of charge to Users with a compatible telephone or mobile terminal and access to the Internet. However, access to the Services offered on the Application is reserved solely for Users who have taken out a paying Subscription.

All costs, whatever they may be, relating to access to the Application are exclusively borne by the User, who is solely responsible for the proper functioning of his computer equipment and his access to the Internet.

The Application can be accessed directly from the web browser of the User’s mobile device from the address https://molokoy.app.

4.2. Availability of the Application and updates

The Company shall make commercially reasonable efforts to allow the User access to the Application 24 hours a day, 7 days a week, subject to the following.

The Company may at any time:

  • suspend, interrupt or limit access to all or part of the Application, or reserve access to the Application, or certain parts of the Application, to a specific category of Users;

  • delete any User information or service functionality that may disrupt its operation or contravene national or international laws;

  • periodically suspend or limit access to the Application in order to carry out updates.

No delay, failure, or default in the Application or the Services, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, epidemics, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.

Maintenance operations may be carried out without prior notice to the User.

The Application may be updated automatically, to add, remove or modify functions and Services offered by the Application. The Company reserves the right to add features or improve the functionality of the Application, at any time, without prior notice to the User. The Company may reduce or eliminate features of the Application or the Services upon 30 days’ notice to the User through in-app notifications or a reasonable equivalent. The User expressly agrees to the sufficiency of this form of notice.

4.3 Registration on the Application

Consultation of the Services offered on the Application is free and open. However, access to the Services requires the creation of an account on the Application by the User.

When registering, the User must fill in the required fields. He or she undertakes to provide accurate and sincere information. In the event of a material change in the information provided, the User shall seasonably modify the data recorded in his account.

The User must create a username and password when registering on the Application. These login and password are personal and confidential. They may only be changed at the User’s request or at the Company’s initiative, subject to prior notification of the User.

The User is solely responsible for the security of his login and password. He undertakes to do everything possible to keep his identifiers secret and not to divulge them in any form whatsoever. The User must inform the Company immediately in writing if he notices a security breach related in particular to the voluntary communication or misappropriation of his identifier and/or password, so that the Company can take all appropriate measures without delay to remedy the security breach. The User’s written notice to the Company shall include the disclosure of all relevant information related to the security breach that is within the User’s knowledge or reasonably attainable by the User at the time of notice. Notices shall be sent to Company at its registered business address.

In the event of loss or misuse of a login and/or password, the User will notify the Company as soon as possible. The Company will then deactivate the User’s account and send the User a link to reset his password by email to the address provided by the User.

4.4. Unsubscribing from the Application

The User may unsubscribe from the Application at any time by deleting his account. The User must then request this unsubscription via its personal space.

Unsubscription is effective as soon as the Company has processed the request. The User acknowledges that unsubscribing from the Application entails the deletion of all of its data and content on the Application, with the exception of data that must be retained pursuant to a legal obligation to retain or for evidentiary purposes.

The User may, however, create a new account at any time by repeating the registration procedure for the Application.

Article 5 – Subscription

5.1. Offers of the Company

In order to take advantage of all the Services, the Company offers various subscription offers to Users. The prices and terms and conditions of these offers are detailed on the Company’s website at the following address: https://www.molokoy.io and on the Application in the “Services” tab.

5.2. Subscription to a paid subscription

A paid subscription is taken out by the User by the “double click”. The User’s “double click” constitutes an electronic signature of the User which shall indicate acceptance of the subscription by the User on the terms offered by the Company.

Procedure :

  1. Create an account or log in by following the on-screen instructions. Registration, acceptance of these GTU and connection to the User’s personal space are a mandatory prerequisite to any subscription.

  2. Consult the subscriptions offered by the Company.

  3. Choose the desired subscription.

  4. Before confirming your subscription, check the content of your order as well as its total price and correct any errors that may have occurred (1st click).

  5. Accept the GTU by checking the box.

  6. Validate your subscription (2nd click). Click on the ” Pay ” button

  7. You will be redirected to a secure payment platform.

  8. Proceed to the payment of your subscription.

  9. You will receive an email confirming the summary of your subscription.

The User is solely responsible for the choice and subscription of a subscription offered by the Company. Confirmation of the subscription expresses the User’s definitive acceptance of the prices and characteristics of said subscription.

5.4. Cancellation or modification of the subscription

All subscription payments to the Company are non-refundable upon cancellation. The Company may, but is not obligated to, credit the unused portion of any subscription toward the purchase of another subscription which the User completes within the time remaining on the original subscription.

Any modification of the subscription, requires a new subscription by the User.

Article 6 – Financial Conditions – Payment of Subscriptions

6.1. Rates

The Subscriptions are offered by the Company at the rates in force as indicated on the Application, or on the website https://www.molokoy.io.

Rates are payable in euros or dollars, therefore, exchange fees may be applied by the User’s bank in case of payment in foreign currency of the subscription.

These prices are firm and non-revisable during their period of validity, as indicated on the Application; the Company reserves the right, outside this period of validity, to modify the prices.

The Company reserves the right to offer and/or withdraw promotional offers and discount codes from its website and Application at any time.

An invoice is drawn up by the Company and sent to the User by e-mail upon confirmation of his subscription.

6.2. Payment

Subscription fees for the Application are billed in cash at the time of subscription, unless other special terms and conditions are expressly provided for between the parties. It is specified that all sums paid in advance are qualified as a deposit, until the User gains access to the subscription services.

The methods of payment accepted by the Company are as follows:

  • by credit cards (Visa, MasterCard, American Express, other credit cards);

  • Google pay

  • Apple pay.

Payments made by the User will only be considered final after effective collection of the sums due by the Company.

6.3. Late payment

In the event of late payment of the sums due by the User beyond the stipulated deadlines, late payment penalties calculated at the legal rate (the statutory judgment rate in the GTU’s chosen forum) will be automatically and ipso jure acquired by the Company, without any formality or prior formal notice, without prejudice to any other action that the Company may be entitled to take against the User in this respect.

Late payment will result in the immediate acceleration of payment of all sums due by the User to any date chosen by the Company, without prejudice to any other action that the Company may take against the User in this respect. The Company also reserves the right to terminate any subscription under the conditions of Article 8.2. hereof.

6.4. Discount – Discount – Rebate

No discount will be applied by the Company for payment in cash, or within a period less than that set out in these General Terms and Conditions of Use, or on the invoice issued by the Company.

The Company does not offer any discounts, rebates or rebates unless special conditions expressly apply.

Article 7 – REPRESENTATIONS AND WARRANTIES

7.1. From Company.

 

  1. Re Function. Company represents and warrants that, subject to Section 4, the Application will perform materially as described by the Company provided that the Application: (a) has been properly installed and used at all times in accordance with the applicable instructions; and (b) has not been modified or added to by persons other than Company.

  1. Re IP Rights in the Application. Company represents and warrants that it is the owner of the Application and of each and every component thereof, and that it has and will maintain the full power and authority to grant the intellectual property rights to the Application set forth in this Agreement without the further consent of any third party.

7.2. From Both Parties.

 

Each party represents and warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.

7.3. Warranty Disclaimers.

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” BASIS. COMPANY DOES NOT MAKE AND HEREBY DISCLAIMS ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHER.

Article 8 – Duration of Subscriptions

8.1. Duration

Subscriptions are available for durations of one month or six months. The subscription renewal date shall be the day following the last day of the User’s current subscription. On the subscription renewal date, all User subscriptions shall auto-renew for an additional term of the same duration as the prior subscription unless cancelled by the User in advance of the renewal date. Users will receive an emailed auto-renew notice from the Company not less than three days prior to the subscription renew date. Users may cancel subscriptions through the subscriber portal.

8.2. Termination

The Company reserves the right to terminate a User’s subscription in the event of a breach by the User of its obligations under any one or more of articles 3, 5, 6, 9 and 12 of these GTU, after sending a formal notice by registered mail with acknowledgement of receipt, which shall remain without effect eight (8) calendar days after its receipt.

Termination will result in the termination of the subscription and access to the Services. Upon termination, the User shall cease all use of the Application and the Services. In the event of termination of his subscription, all sums paid by the User remain definitively acquired by the Company.

Article 9 – Obligations of the parties

9.1. Obligation of the User

The User undertakes, in consideration of access to the Application and its use free of charge or against payment, to comply with his obligations hereunder, and, where applicable, the terms and conditions of the subscription to which he has subscribed.

The User is authorized to use the Application for its own needs, within the framework of a strictly personal and non-commercial use, with no direct or indirect profit-making purpose. In addition, the User must make a fair use of the Application and expressly undertakes to do so:

  • not to sell, rent, or distribute in any way whatsoever the Application and/or its content to third parties;

  • not to copy, adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, or reverse engineer all or part of the Application and/or its content;

  • not to extract or reuse, including for private purposes, a substantial or non-substantial part of the databases and multimedia content of the Application;

  • not to reproduce permanently or temporarily the Application or its content, in whole or in part, by any means and in any form;

  • not to export the Application and/or to merge all or part of the Application with other computer programs;

  • not to use software or other devices likely to disrupt the proper functioning of the Application.

The Company reserves the right to suspend or terminate the subscription of any User who does not comply with these obligations under the terms of Article 8.2. hereof.

The User benefits from a limited, non-exclusive and non-transferable right to access the Application. With the exception of the foregoing, no right or title is granted to the User to the Application or its content.

9.2 Obligations of the Company

The Company undertakes to provide the User with access to its Application according to the terms and conditions defined in these GTU and, where applicable, according to the characteristics of the subscription to which he has subscribed.

Article 10 – Liability

By accepting these GTU, the User of the Application and the Services understands and acknowledges that the Company is not a medical organization and does not provide medical advice.

The use of the Application requires, in any case, a good general state of health. Whether or not the User has a medical history, the Company recommends that the User seek the advice of a physician before using the Application. This precaution is particularly necessary if the User is affected by one or more of the following disorders, diseases, pathologies, interventions: cardiovascular disease, respiratory disease, vertebral and/or joint problems, neuromuscular diseases, surgical intervention, etc.

In the event that the User has any doubts about his or her state of health before or during the use of the Application (for example, shortness of breath, pain, discomfort, nausea, dizziness), the User is recommended to consult his or her doctor immediately. In this case, the Company recommends that the User immediately stop using the Application.

The warm-up and running technique exercise protocols proposed in the context of the use of the Application must not be considered or interpreted in any way as medical advice or medical diagnosis. These Services are not a substitute for medical consultation, medical treatment or advice from a licensed professional.

The User shall indemnify and hold harmless the Company in all cases arising from or relating, in whole or in part, to :

  • User misinterpretation or misuse of the contents and information provided through the Application;

  • All User harm from any inefficiency or error in the practice of the exercises and protocols for warm-up and technical exercises;

  • absence or insufficiency of the results expected by the User using the Application ;

  • injuries or pain related to the implementation of the advice, protocols and other information provided by the Application ;

  • use by the User of the Application contrary to its purpose;

  • as a result of any disruption in the use of the Application or any service accessible via the Internet;

  • all harm associated with internet and/or intranet network interruption;

  • all User harm from the occurrence of technical problems and/or a cyber-attack affecting the terminal, the data stored on it or the User’s other applications.

The terminal used by the User to access the Application is used under his entire responsibility.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR LOSS OR DAMAGE SUFFERED BY USER IN CONNECTION WITH THE USE OF THE APPLICATION OR THE SERVICES. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, (F) INDIRECT LOSS AND (G) ALL LOSSES RELATED TO RUNNING PROFESSIONS AND TRADES INCLUDING APPEARANCE FEES, ENDORSEMENTS, PRIZE MONEY, COACHING FEES, TRAINING FEES, AND THE LIKE.

COMPANY’S CUMULATIVE LIABILTY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS GTU SHALL NOT EXCEED THE PRICE PAID BY USER TO COMPANY FOR THE USER’S MOST RECENT SUBSCRIPTION SERVICE.

Article 11 – Protection of personal data

When using the Application, the Company may process the User’s personal data. The stipulations relating to the processing of this personal data appear in the Company’s Privacy Policy as it may be amended from time to time and which is accessible from all pages of the Application and on the Company’s website at the address : https://molokoy.io/privacy

Article 12 – Intellectual property

The Company is the exclusive owner, or benefits from a license for the exploitation of all intellectual property rights relating to the contents of the Application, including the structure of the Application, editorial content, drawings, illustrations, images, photographs, graphic charters and trademarks, logos, acronyms, corporate names, audiovisual works, multimedia works, audio content, as well as all computer elements that may be used to operate the Application and more generally all elements reproduced or used on the Application (hereinafter referred to as “the Works”).

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of the Works, including computer applications, without the prior written consent of the Company, is strictly prohibited. The fact that the Company does not take legal action as soon as it becomes aware of such unauthorized use does not constitute acceptance of such use and waiver of prosecution.

In addition, by accepting these GTU, the User understands and acknowledges that the right to use the Application granted to him/her by means of a subscription is neither assignable nor transferable for any reason whatsoever. This right of use is granted to the User solely for its own needs in connection with the User’s personal, individual use of the Application, to the exclusion of any other purpose.

Finally, it is strictly forbidden for the User to access and/or use the source codes of the Application and/or the software components of the Application.

Article 13 – Applicable law – Language of the contract

This Agreement will be governed solely by the internal laws of the State of Illinois, including without limitation applicable federal law, without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods (which is expressly disclaimed); or (c) other international laws.

Article 14 – Entirety

The parties acknowledge that these GTU constitute the entire agreement between them and supersede any prior offers, provisions or agreements, written or oral.

Article 15 – Nullity

If any of the stipulations of these General Terms of Use should prove to be invalid with regard to a rule of law in force or a court decision that has become final, it will be deemed to be unwritten, without invalidating the General Terms of Use or altering the validity of its other stipulations.

Article 16 – Waiver

The fact that the Company does not claim the application of any clause of these General Terms of Use or acquiesces to its non-performance, whether permanently or temporarily, shall not be interpreted as a waiver by the Company of the rights it derives from the said clause.

Article 17 – NOTICES

Notices pursuant to this Agreement shall be sent to Company at its registered business address and may be sent to the User by any means and at any location disclosed by User during registration of the User’s account. The Company and User agree and accept the sufficiency of any notice made consistent with these terms, except as otherwise expressly specified in these GTU.

Article 18 – Dispute Resolution

in the event of a dispute, any user complaint must first be sent to the company by registered mail with acknowledgement of receipt. the complaint must describe the dispute with particularity.

All disputes arising out of or in connection with the Application, any User Subscription or these GTU shall be fully and finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

No dispute shall be considered ready for arbitration where the User does not justify having tried, beforehand, to resolve his dispute directly with the Company by a written complaint.