The company MOLOKOY, a limited liability company with share capital of EUR 1,000, whose registered office is at 5 rue de la Carierette, 34160 ST DREZERY, France, registered with the Montpellier Trade and Companies Register under number 889 858 528, represented by Mr Jean-Yves ZINSOU acting as manager.
Individual VAT identification number: FR87889858528
Contact details:
Post: 5 rue de la Carierette, 34160 ST DREZERY, France
Email: contact@molokoy.io / contact@renforun.com
Phone: +33 6 74 45 41 91
Insurer: Onlynnov
Policy no.: TCFH0119 - RC technologies + Cyber
Territory covered: International
Contact:
These general terms of use (the "Terms of Use" or "TOU") apply, without restriction or reservation, to all access to and use of the RENFORUN mobile application (the "Application") by non-professional users (the "Users" or "Runners"). The User must read them before any use of or registration on the Application.
The Terms of Use must be accepted by the User in order to use the Application services, through validation during registration on the Application.
The Company offers the following services on its Application:
(the "Services").
In this respect, the Company offers several subscriptions, the terms and conditions of which are detailed on the Application and on the Company's website at https://renforun.com.
The Company provides Runners with warm-up and muscle-strengthening exercise protocols to improve muscular resistance. These protocols are provided as a series of exercise demonstration videos, each with instructions and points of attention to follow.
The Runner may access the protocols throughout the term of their subscription. At the end of the subscription, the Runner will no longer have access to the protocols. To maintain access, the Runner must purchase 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 contents of these packs are detailed on the Company's website and on its Application.
The Application is available free of charge to Users with a compatible telephone or mobile device and internet access. However, access to the Services offered on the Application is reserved only for Users who have subscribed to a paid subscription.
All costs of any kind relating to access to the Application are borne exclusively by the User, who is solely responsible for the proper operation of their IT equipment and internet access.
The Application is accessible directly from the internet browser of the User's mobile device at https://renforun.app.
The Company makes every effort to allow the User access to the Application 24 hours a day, 7 days a week, except in cases of force majeure and subject to the following.
The Company may, in particular, at any time and without liability:
The Company is released from any liability if access to the Application is impossible due to force majeure within the meaning of Article 1218 of the French Civil Code, or due to an event beyond its control, including problems with the User's equipment, technical hazards, or disruption of the internet network.
Maintenance operations may be carried out without prior notice to the User.
The User acknowledges that the Company's obligation regarding Application availability is an obligation of means only.
The Application may be updated automatically to add, remove, or modify functions and Services offered by the Application. The Company reserves the right to modify Application features at any time without prior notice to the User.
Consultation of the Services offered on the Application is free of charge. However, access to the Services requires the User to create an account on the Application.
When registering, the User must complete the mandatory fields requested. The User undertakes to provide accurate and truthful information. If the information provided changes, the User undertakes to update the data recorded in their account.
During registration, the User accepts these Terms of Use by ticking the box provided for this purpose.
The User must create a username and password when registering on the Application. These username and password are personal and confidential. They may be changed only at the User's request or at the Company's initiative, subject to prior notice to the User.
The User is solely responsible for their username and password. The User undertakes to keep their identifiers secret and not to disclose them in any form. The User must promptly inform the Company if they become aware of a security breach, in particular one related to voluntary disclosure or misappropriation of their username and/or password, so that the Company can promptly take appropriate measures to remedy the breach.
If a username and/or password is lost or misappropriated, the User must notify the Company as soon as possible. The Company will then deactivate the User's account and send the User a link by email to reset the password at the address provided by the User.
The User may unregister from the Application at any time by deleting their account. The User must request this through their personal area.
Unregistration becomes effective once the request has been processed by the Company. The User acknowledges that unregistering from the Application results in deletion of all their data and content on the Application, except data that must be retained pursuant to a legal retention obligation or for evidentiary purposes.
The User may create a new account at any time by restarting the Application registration process.
To benefit from all Services, the Company offers Users different subscription plans. The prices and terms of these offers are detailed on the Company's website at https://renforun.com and in the Services tab of the Application.
The paid subscription is taken out by the User through a "double click." The double click constitutes an electronic signature with the same value between the User and the professional as a handwritten signature.
Procedure:
The User is solely responsible for choosing and subscribing to a subscription offered by the Company. Confirmation of the subscription expresses the User's final acceptance of the price and characteristics of that subscription.
Subject to the provisions applicable to contracts concluded away from business premises and distance contracts by consumers (right of withdrawal), confirmation of the subscription expresses the Client's final acceptance of the prices and characteristics of the subscriptions taken out by them.
Computerized records kept in the Company's IT systems under reasonable security conditions will be considered proof of communications, subscriptions, and payments between the parties.
It is expressly agreed that, unless proven otherwise, data recorded in the Company's IT system constitutes proof of all transactions concluded with the User.
Subject to the provisions applicable to contracts concluded away from business premises and distance contracts by consumers (right of withdrawal), if the User cancels the subscription after subscribing, for any reason other than force majeure, the subscription price will be automatically retained by the Company and will not give rise to any refund.
Conversely, except in cases of force majeure, if the Company cancels the subscription, the deposit paid by the User will be refunded within thirty (30) days.
Any subscription modification requires a new subscription by the User.
Subscriptions are offered by the Company at the prices in force as indicated on the Application or on https://renforun.com.
Prices are payable in euros or dollars. Foreign exchange fees may therefore be applied by the User's bank in the event of payment in a foreign currency.
These prices are firm and non-revisable during their validity period as indicated on the Application; outside that validity period, the Company reserves the right to change 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 issued by the Company and sent to the User by email when the subscription is confirmed.
Application subscription fees are billed in cash when the subscription is taken out, unless other specific terms are expressly agreed between the parties. Any sums paid in advance are qualified as deposits.
The payment methods accepted by the Company are:
Payments made by the User will be considered final only after the Company has effectively collected the amounts due.
If the User is late in paying sums due beyond the applicable deadlines, late-payment penalties calculated at the statutory rate will automatically and by operation of law be payable to the Company, without any formalities or prior notice, without prejudice to any other action the Company may be entitled to bring against the User.
Late payment will make all sums owed by the User immediately due, without prejudice to any other action the Company may be entitled to bring. The Company also reserves the right to terminate any subscription under Article 8.2 of these TOU.
No discount will be granted by the Company for cash payment or for payment within a period shorter than that set out in these Terms of Use or on the invoice issued by the Company.
The Company does not grant rebates, reductions, or refunds except under special conditions.
For distance contracts, the Company informs the User who qualifies as a consumer under applicable regulations that they may withdraw without giving any reason within fourteen (14) days from conclusion of the contract for service contracts.
To exercise the right of withdrawal, the User must notify the Company of their decision to withdraw from the contract by an unambiguous statement, such as a letter sent by post, fax, or email. The User may use the withdrawal form attached to these terms, but this is not mandatory. If the User exercises the right of withdrawal by email, the Company will promptly send an acknowledgment of receipt of withdrawal on a durable medium.
To meet the withdrawal deadline, it is sufficient for the User to send the communication concerning exercise of the right of withdrawal before the withdrawal period expires. This right is exercised without penalty.
If the User withdraws, the Company will refund all payments received from the User without undue delay and, in any event, no later than fourteen (14) days from the day on which the Company is informed of the User's withdrawal decision.
In accordance with Article L. 221-25 of the French Consumer Code, performance of services may begin during the withdrawal period if the User expressly requests it. The Company must therefore obtain this express request on paper or on another durable medium.
A User who has exercised the right of withdrawal from a service contract whose performance began, at the User's express request, before the end of the withdrawal period, must pay the professional an amount corresponding to the service provided until notice of withdrawal; this amount is proportionate to the total subscription price.
In accordance with Article L. 221-28 of the French Consumer Code, the Company informs the User that the right of withdrawal may not be exercised, in particular, for contracts for the supply of digital content not supplied on a tangible medium where performance has begun after the consumer's prior express consent and express waiver of the right of withdrawal.
Subscriptions are taken out for a fixed term as indicated on the Application.
Subscriptions are not tacitly renewed after their term. However, the User may continue to benefit from the Services offered by the Company by taking out a new subscription after the end of the subscription.
The Company reserves the right to terminate a User's subscription if the User breaches obligations under Articles 3, 5, 6, 9, and 12 of these TOU, after formal notice sent by registered letter with acknowledgment of receipt remains without effect for eight (8) calendar days after receipt.
Termination ends the subscription and access to the Services. If the subscription is terminated, all sums paid by the User remain definitively retained by the Company.
In exchange for access to and use of the Application, whether free or paid, the User undertakes to comply with their obligations under these terms and, where applicable, the terms of the subscription they have taken out.
The User is authorized to use the Application for their own needs, for strictly personal, non-commercial use, with no direct or indirect profit-making purpose. The User must use the Application fairly and expressly undertakes:
The Company reserves the right to suspend or terminate the subscription of any User who fails to comply with these obligations, under Article 8.2 of these terms.
The User has a limited, non-exclusive, non-transferable right to access the Application. Except as set out above, no right or title is granted to the User over the Application or its content.
The Company undertakes to provide the User with access to its Application according to the terms defined in these TOU and, where applicable, according to the characteristics of the subscription taken out by the User.
The Company also undertakes to use all means at its disposal to secure access to and use of the Application and the User's personal data.
By accepting these TOU, the User understands and acknowledges that the Company is not a medical organization and does not provide medical advice.
Use of the Application requires good general health in all cases. Whether or not the User has a medical history, the Company recommends that the User seek medical advice before using the Application. This precaution is particularly necessary if the User is affected by one or more of the following conditions, diseases, pathologies, or procedures: cardiovascular disease, respiratory disease, spinal and/or joint problems, neuromuscular disease, surgery, and similar conditions.
If the User has any doubt about their state of health before or during use of the Application, for example shortness of breath, pain, discomfort, nausea, or dizziness, the User is advised to consult their doctor immediately. In that case, the Company recommends immediately stopping use of the Application.
The warm-up and running technique exercise protocols offered through the Application must never be considered or interpreted as medical advice, medical guidance, or a medical diagnosis. These Services cannot replace a medical consultation, medical treatment, or advice from an authorized professional.
The Company may not be held liable by the User, in particular, for:
The device used by the User to access the Application is used under the User's sole responsibility.
The Company will use all diligence and care necessary for proper performance of its obligations. It may be released from all or part of its liability by proving that non-performance or improper performance of its obligations is attributable to the User, an unforeseeable and insurmountable act, a third party, or force majeure.
When the Application is used, the Company processes the User's personal data. Provisions relating to the processing of this personal data are set out in the appended Personal Data Protection Policy, accessible from all pages of the Application and on the Company's website at https://renforun.com/confidentialite.
The Company is the exclusive owner, or holds a license to exploit, all intellectual property rights relating to the Application content, including the Application structure, editorial content, drawings, illustrations, images, photographs, graphic charters, trademarks, logos, acronyms, company names, audiovisual works, multimedia works, audio content, and all IT elements that may be used to operate the Application, and more generally all elements reproduced or used on the Application (the "Works").
Any reproduction, representation, use, or adaptation, in any form, of all or part of the Works, including software applications, without the Company's prior written consent is strictly prohibited. The Company's failure to initiate proceedings upon becoming aware of such unauthorized uses does not constitute acceptance of those uses or waiver of legal action.
The User expressly undertakes that use of the Application will not infringe the Company's rights, in particular by constituting infringement, unfair competition, or parasitic use of the Application content.
By accepting these TOU, the User understands and acknowledges that the right to use the Application granted through a subscription is not assignable or transferable on any basis. This right is granted to the User only for their own needs in connection with use of the Application, to the exclusion of any other purpose.
Finally, the User is strictly prohibited from accessing and/or using the Application source code and/or software components.
These Terms of Use are governed by French law. They are drafted in French. If translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
The parties acknowledge that these Terms of Use constitute the entire agreement between them and replace any prior offer, provision, or agreement, whether written or oral.
If any provision of these Terms of Use is found to be invalid under a rule of law in force or a final court decision, it will be deemed unwritten, without invalidating the Terms of Use or affecting the validity of the other provisions.
The Company's failure to claim application of any clause of these Terms of Use, or its acquiescence in non-performance, whether permanent or temporary, may not be interpreted as a waiver by the Company of the rights arising from that clause.
The parties elect domicile at the address provided during registration for the User and at the registered office address for the Company.
In the event of a dispute, any complaint must be sent to the Company by registered letter with acknowledgment of receipt.
If the complaint is unsuccessful within 30 days, the User is informed that they may use conventional mediation or any alternative dispute resolution method, such as conciliation, in the event of a dispute.
The User must contact the following mediator:
| Sas Mediation Solution 222 chemin de la Bergerie, 01800 Saint Jean de Niost, France Tel. +33 4 82 53 93 06 Website: https://www.sasmediationsolution-conso.fr Email: contact@sasmediationsolution-conso.fr Membership registered under number: 1747/2011 |
The dispute may not be examined by the mediator in particular if:
Otherwise, all disputes to which these Terms of Use may give rise, concerning their validity, interpretation, performance, termination, consequences, and follow-up, will be submitted to the competent French courts.
If you withdraw, you may use the detachable form below.
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WITHDRAWAL FORM
CONDITIONS:
Complete and sign this form and send it by post to the following address:
MOLOKOY - 5 rue de la Carierette - 34160 ST DREZERY, France
or by email to: contact@molokoy.io
I hereby notify you of my withdrawal from the subscription contract below:
- subscribed on ................................ (*)
- consumer name:
...............................................................................
- consumer address:
...............................................................................
Date ..........................
Only if this form is notified on paper:
Consumer signature
(*) Delete as appropriate.
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Waiver of the right of withdrawal
I would like the subscription to be accessible before expiry of the withdrawal period to which I am entitled under applicable regulations.
I therefore expressly waive the right of withdrawal to which I am entitled under Article L. 221-18 of the French Consumer Code.
Signature: