TEAM PULSE (hereinafter referred to as "TP" or the "Publisher")
Society by simplified joint stock with a capital of 550,000 €
RCS SAINT-ETIENNE: 849 065 545
Head office: 14 Parc Métrotech 42650 St-Jean-Bonnefonds, France

Publication director: Mr. Arnaud BAILLY
Email: contact@teampulse.net

TP offers Users, through a mobile Application available in iOS, Google Android and Huawei versions, a set of features allowing sports team coaches to manage and animate their teams, and players and their potential representatives to communicate with coaches and other team members, in addition to accessing a number of features related to their activities within said teams. The list and details of the features offered through the TEAMPULSE Application are available at https://www.teampulse.net/app

DOWNLOADING, ACCESSING, AND USING THE APPLICATION AND TEAMPULSE SERVICES, ALL VERSIONS CONFIRMED, IMPLY UNCONDITIONAL ACCEPTANCE OF THE PRESENT GENERAL TERMS OF USE AND SERVICES, AS WELL AS THE GENERAL TERMS OF USE OF THE TEAMPULSE WEBSITE (hereinafter referred to as the "Site"), IN THEIR LATEST VERSIONS, AS ACCESSIBLE AND CONSULTABLE ON THE SITE.

1. OBJECT

The present General Terms of Use and Services aim to set forth the conditions of access and use of the Application. They do not concern the terms of purchase and delivery of Products offered for sale within said Application, these terms being provided separately through CGV TEAMPULSE.

Access to and use of the Application and Services are entirely free, which, however, implies the display of advertisements within the Application (cf. Article 4.6). The User may choose to remove these advertisements by subscribing to the Premium mode of the Application, following the specific conditions referred to under Article 4.7.

2. DEFINITIONS

For the purposes of this document, each of the expressions below, with its first letter in uppercase, shall have the meaning given in its definition, namely:

" Application ": refers to the mobile application TEAMPULSE offered for free download by the Publisher (the costs related to the computer hardware - smartphones, tablets... -, to the Users' internet connection, as well as to the eventual purchase of products through the Application remaining however of the Users' responsibility) and executable from the operating system of a smartphone or tablet meeting the following specifications:

• iOS operating system version 12.0 or Android version 5.0 and above.

• Minimum 3G connection.

" Article(s) ": Refers to any article appearing in the CGUS;

" Contents ": refers to textual, message, comment, image, photograph, audio recording, and/or video content, and all other elements likely to be published on the Application by the User and/or by third parties, and accessible within the Team on the Application;

" Intellectual Property Rights ": Any intellectual property right, including copyright, rights related to computer software, designs and models, trademarks, patents, know-how, trade secrets, database rights, as well as all requests, deposits, and all registrations related to the above, for the entire world;

" User Space ": Space accessible exclusively to the User on the Application, under the "My Profile" section, based on the input of a username and a confidential password, where they can manage and administer their Profile;

" Team ": refers to the collaborative space, of comments and discussions, dedicated to a sports team, constituted or not in the form of a sports association of the type Law 1901, created by an Administrator User, open to Player Users according to the accessibility and contribution options selected by the Administrator - Any Administrator User is likely to create, manage, and animate a Team, under their sole responsibility or also that of other potential Administrators within that Team.

" Third Party Providers ": refers to publishers, notably Facebook and Apple, from which, provided they hold an account with these Third Party Providers, the User can create a User Profile, join and log into the Services and their User Space on the Application.

" Profile ": refers to all contents and personal information provided by the User at the time of their registration, or automatically imported from a Third Party Account (cf. Articles 3.7 and 3.8) that can be modified by the User in their User Space on the Application.

" TeamPulse Services ", " Services ": refers to the functionalities offered through the Application. The list and details of the features offered through the Application are available on the Site at https://www.teampulse.net/app

" Site ": refers to the website accessible under https://www.teampulse.net/

" Streaming ": refers to the mode of simultaneous digital transmission by the Publisher via the Internet of contents such as audio recordings and videos accessible on the Application. The contents streamed are accessible and viewed on demand and in real time by the User, who cannot download the contents, nor copy, store, or redistribute them;

" User ": refers to any natural person who has downloaded the Application, then created a User Profile and accepted the present Terms as well as the General Terms of Use of the Site, in order to access and use the Services;

" Player User ", " Player ": refers to the User who has obtained from a Trainer User of a Team the status of a member of that Team on the Application, allowing them to access the Team on the Application, and to view and publish Contents regarding that Team, depending on the authorization levels that have been granted to them by a Trainer User;

" Administrator Users ", " Administrators ": refers to a natural person User authorized within each Team to create and/or administer and supervise a Team through the Application, authorize Users, and manage their authorization levels, i.e., their rights to view and publish Contents in spaces dedicated to a specific Team – there may be multiple Administrators within the same Team and an Administrator is necessarily a User

" Viewer User ", " Viewer ": refers to the User who has obtained from an Administrator User of a Team the status of a member of that Team on the Application, allowing them to access the Team on the Application, and to view Contents regarding that Team, depending on the authorization levels that have been granted to them by an Administrator User.

3. CREATING A USER PROFILE AND JOINING THE SERVICES

3.1. Creating a User Profile, joining, and accessing the Services are reserved exclusively for individuals, namely for natural persons meeting the following criteria:

• a) Have the legal capacity to create a Profile and possibly subscribe to offers for Products and Services for a fee through the Application;

  
  

• b) If lacking legal capacity, be at least 7 years old at the time of joining;

  
  

• c) In the case where the applicant for registration is under 15 years old, they must provide an email address at which their parents or any other person exercising parental authority over them can be validly contacted and be able to prove at any time, upon simple request, parental authorization, based on the model directly available for download here: " TeamPulse Parental Authorization "
  In the absence of receiving this document, or upon simple request made by the parents of the User, TP will invalidate retrospectively the User's membership in the conditions described under Article 7.3;

  
  

• d) In the case of an Administrator User, be duly authorized by the management of the concerned Team to administer said Team through the Services, and be able to justify it at TP's request;

  
  

• e) Have provided the requested documents, or keep them available to TP upon simple request;

  
  

• f) Own a smartphone or a touchscreen tablet meeting the specifications mentioned under Article 2, under the definition of the term "Application";

  
  

• g) Have accepted the present General Terms of Use and Services,

3.2. Additionally, if a User lacked legal capacity, or contravened the provisions of the present document, particularly Article 3.1.c above, and created a User Profile, accessed, and used the Services and/or ordered Products or Services for a fee through the Application, their legal representatives cannot in any case contest the validity of these operations and must assume full responsibility.

3.3. At the time of their registration, the User agrees to fill in each of the mandatory fields, to provide accurate and sincere information regarding all the questions posed, and, if applicable, authentic documents, whether originals or copies.

They must not impersonate a third party, create multiple Profiles or register as a User on behalf of a third party, or on behalf of an entity.

3.4. The User agrees to regularly verify all their data and to make the necessary online corrections and modifications in their User Space. In the case of registration to the Services via an email address, the Publisher particularly emphasizes to the User the necessity to provide them with a valid primary email address.
Any communication made by TP to this email address is deemed to have been received and read by the User, who therefore commits to regularly check the messages received at this email address and, if applicable, to respond promptly.
The Publisher reserves the discretionary right to refuse, or to invalidate retrospectively the registration of a User whose information turns out to be inaccurate, incomplete, misleading, or fraudulent.

3.5. The validation click, carried out at the end of the validation process of the registration form, formalizes the confirmation of the request to join the Services and constitutes an irrevocable acceptance of the present General Terms of Use and Services.
This validation click constitutes a final consent to contract with the Publisher based on the present Terms.

3.6. In the case solely of registration via an email address, the registration gives rise to the User's choice of a username (email address) and a confidential password, allowing them to log into the Application and access the Services.
The password is confidential, personal, confidential, non-transferable, and can be modified online, through the procedure for generating a new password, accessible by the User at the time of entering their personal identification elements ("forgot password").
The User agrees not to communicate their personal identification elements to third parties and particularly to other Users.
The User refrains from using or attempting to use another User's profile.
The Publisher cannot be held responsible for any direct or indirect damages suffered by the User or by third parties, resulting from a fraudulent or consented access by the User to another User's Profile, following a disclosure of their personal identification elements.
In particular, the Publisher cannot be held responsible for any direct or indirect damages suffered as a result of access by third parties, authorized or not, to the User's Profile, as long as this fraudulent access was made based on the entry of that User's personal identification elements.

3.7. It is also possible to create a Profile, join the Services, and identify as a User on the Application by connecting through the Application and Services to an account opened with certain Third Party Providers, notably Facebook and Apple.
The Application and Services indeed allow linking a Profile to Third Party Accounts, by providing the login information for these Third Party Accounts through the Application, and allowing the Publisher to access these Third Party Accounts, in accordance with the conditions applicable to each of these Third Party Accounts.
The User who registered through a Third Party Account can choose at any time to connect to the Application and access the Services using a username (email address) and a confidential password (My Profile/Access Information/Add an email address and a password), an option highly recommended in case their Third Party Account gets deleted during their membership to the Services, in order to allow the continuity of their access to the Services.

3.8. By allowing the Publisher to access a Third Party Account, the User acknowledges and agrees:

• a) That the Publisher will have access to, import, and store all personal data that the User will have provided on their Third Party Account, including, regarding Facebook, their Profile photo,

  
  

• b) That this data will feed their Profile and will be made available and accessible on the Application, under the conditions referred to under Article 4.1.

  
  

• c) That TP does not replace the Third Party Providers in any manner, and that the relations between the User and these Third Party Providers are governed exclusively by the conditions applicable to these Third Party Providers.

3.9. The Publisher reserves the right to refuse a request to join the Services for any reason, particularly due to the User's failure to comply with the provisions of Articles 3.2 and 3.3.

3.10. The Publisher cannot in any case be held responsible for verifying the legal capacity of the User to create a Profile, access and use the Application and Services, and possibly subscribe to offers for Products and Services for a fee through the Application. Therefore, if a User lacks legal capacity or possibly violates the provisions of the CGUS, creates a Profile, and orders Products or Services for a fee through the Application, their legal representatives cannot contest the validity of these orders and must assume full responsibility.

It is reminded to parents or any person exercising parental authority over the User, that it is their responsibility, on one hand, to determine what use their minor child is authorized to make of the Application and Services, which Teams they can join and contribute to through the Application, and on the other hand, to monitor the use that the child makes of the Application and Services.

Parents of a minor User may at any time request the deletion of their child's User Profile by sending an email to support@teampulse.net, provided they justify their identity and that of their child and communicate a copy of their respective identity documents in valid form for this purpose – these documents will only be used for the processing of the request to delete their child's Profile and will be kept by the Publisher for a period of one (1) year from the deletion of the concerned Profile.

3.11. The computerized logs, kept in the Publisher's or its subcontractors' information systems, under reasonable security conditions, will be considered as evidence of the membership and communications that occurred between the Publisher and the User, as well as of the transactions resulting from the potential subscription by the User to offers for Products or Services for a fee.
The archiving of the Registration Forms, as well as all communications, operations performed, validations operated, and transactions made by the User during the entire duration of their membership, is conducted on a reliable and durable medium that can be produced as proof.

4. OPERATION OF THE SERVICES

4.1 PROFILE AND CONTENTS

4.1.1. The User must, at the time of their registration, as detailed under Article 3, create their Profile, which will be accessible under the conditions provided in this article. In the case of registration via a Third Party Account, the Profile will be automatically filled based on data imported from the concerned Third Party Account.

4.1.2. All Users by default have access to the public data of the User's Profile, namely their first name, last name, contact details, the photograph or image they have chosen to illustrate their Profile, as well as, concerning Player Users, the team information (position, nickname, ...).
The User may, however, oppose that this data is accessible to all by default, and decide that it is only viewable by Users who are members of the Teams they are part of, or only to the Administrators of these Teams, or to no one.

4.1.3. In accordance with the provisions of Article 3.3, the User must fill in each of the fields in the Registration Form marked as mandatory, and may insert a photo into their Profile, following the technical specifications that will be indicated to them, and in accordance with the provisions related to intellectual property mentioned under Article 6.8.

4.2 ACQUIRING THE STATUS OF MEMBER OF A TEAM

4.2.1. The User may, if they wish, become Player/Administrator/Viewer User within a Team and benefit from consultation, publication, and generally participation rights in the Team's activities reserved for Users, according to the authorization levels that will be granted to them by the concerned Administrator, under the exclusive responsibility of this latter.

4.2.2. The User must make their request to the Team Administrator, who will provide them with a code to enter on the "Join a team with a code" screen. They may also do this upon invitation from the Team Administrator, who will communicate a code to enter on the "Join a team with a code" screen on the Application.

4.2.3. The Administrator will at their discretion decide whether or not to grant the User the status of Player User, Administrator, or Viewer, as well as the various access, publication, and participation rights of the User.

4.2.4. The User, depending on the category of User they belong to (cf. Section " FAQ " on the Site), will benefit from variable authorization levels in using the Services, consisting of interaction, creation, management, modification, and deletion of all types of Contents within the Team, as detailed under the Section " FAQ " on the Site.

4.2.5. The Administrator may also at their discretion remove the User's status as Player User, Administrator, or Viewer, or restrict the previously granted access and publication rights.

4.2.6. The User cannot make any claims, nor be entitled to any compensation in the event of a refusal by the Administrator of a Team to grant them the status of Player User, Administrator, or Viewer, or in the event of withdrawal of such statuses, limitation of their rights of interaction, access, and publication within the Team, moderation or even deletion of the Contents published by the User within the Team.

4.3 INTERACTIVE SPACES AND CONTENT PUBLICATION

4.3.1. The User is fully responsible for each of the Contents they publish on the Application, within each of the Teams they are part of.

4.3.2. They acknowledge the power of copyright and agree not to reproduce in their Contents any protected works (audio recordings, videos, photos, images, drawings, logos, texts, ...) as well as distinctive signs (company names, trade names, trademarks, ...) without holding permission for this purpose from their authors or the holders of rights related to these works and signs.
The User further declares:

• a) To hold all rights necessary for the online publication and exploitation of the Contents through the Services, in accordance with the provisions of Article 6.8,

  
  

• b) Or, in the absence of, to have directly obtained all necessary authorizations or rights for the online publication and exploitation of the Contents from the relevant rights holders,

Each of the Administrators of the concerned Teams, as well as the Publisher, reserves the possibility to refuse Contents if they do not meet the technical criteria or do not comply with the prohibitions set forth under Articles 4.3.4 and 4.3.5.

4.3.3. The User agrees to respect the right to image and the privacy of persons identifiable in photographic and video Contents they publish within the Teams, and to obtain their authorization for the relevant photographs and videos to be taken and then disseminated within the Teams, according to the provisions set forth in these Terms.
The Publisher provides the User on the Site with authorization templates that the User may have signed by the persons concerned, it being recalled that the obligation to obtain these persons' consent for taking and disseminating images involving them lies exclusively with the User.

4.3.4. The statements (which fall within the definition of Contents) made by the User in all interactive spaces of the Application, spaces of comments and discussions, are the expression of the User's thoughts and, as such, only engage their sole responsibility.
These interactive spaces are free exchange and open areas to all Users who are Team members, depending on the applicable publication rights in the spaces and to the concerned Users.
It is recalled that these Contents must not violate the restrictions imposed by Article 4.3.5, and that the User is required to respect other Users, prohibiting any behavior that could fall under the following qualifications: threats, insults, persecutions, harassment, and any disclosure of personal information of other Users.

4.3.5. All Contents, messages, statements, and information that contravene current laws and regulations, as applicable, both national and international, corresponding to political propaganda, religious proselytism, harmful to third parties' rights and interests, threatening, insulting, malicious, denigrating, infringing on privacy or the right to image, of a racist nature, inciting violence, hatred, or discrimination, defamatory, denialist, pornographic, pedophilic, infringing on human dignity or privacy, or intellectual property rights, and, in general, which would be contrary to public morals and public order rules, are strictly prohibited.
Similarly, statements and Contents with an advertising or commercial canvassing nature are prohibited, except when such statements and Contents concern the sponsors of the Teams they are members of.

4.3.6. The User further refrains from entering, downloading, transmitting any software or Content containing computer viruses or any other code, file, or program designed to interrupt, destroy, limit, or harm the Application and the Teams, the functionality of any software, computer, server, network, or telecommunications tool without this enumeration being limitative.

4.3.7. The Publisher, in the context of providing the Services, does not modify or alter the Contents published by the User on the Application and displays them in their original form on the Application.
However, the Publisher reserves the discretionary right:

• a) To modify and adapt a Content to fit the technical constraints of the Services;

  
  

• b) Solely in the context of a request made by a third party in the forms required by article 6 of Law n°2004-575 of June 21, 2004, to remove from the Application at any time the Contents that do not comply with the prohibitions set forth in Articles 4.3.4 and 4.3.5, or that could harm the rights of third parties.

The removal of these Contents will not result in any compensation for the User.

4.3.8. The Publisher cannot thus be held responsible for any direct or indirect harm suffered by the User or by third parties, resulting from the Contents published by the User on the Application, or from the User's behavior, actions executed through the Application; the responsibility for these Contents lies exclusively with the User.

The User therefore agrees to indemnify and hold the Publisher harmless in all actions brought against it for the facts referred to under this article, and to take on board the costs including attorney's fees incurred by any action, judicial or extrajudicial, brought against the Publisher by a third party, and by any settlement, as well as any financial compensation or damages that may result from such actions or settlements.

4.4 MODERATION OF INTERACTIVE SPACES WITHIN TEAMS

4.4.1. It is exclusively up to the Administrators of a Team to moderate the Contents that may be published in the interactive spaces within that Team.

4.4.2. The Publisher, in accordance with its status as a content host, disclaims all direct and indirect damages that may be suffered by Users or third parties due to statements made and Contents published in the interactive spaces under their responsibility, they committing to indemnify, hold harmless, and relieve the Publisher, jointly with the Users who published the concerned Contents, under the same conditions as those referred to under Article 4.3.8.

4.5 RELATIONS BETWEEN USERS

4.5.1. TP does not participate in the relationships initiated between Users who interact with each other within the Services, whether these occur or not through the Application and Services.
The Publisher's role consists solely in providing the functionalities of the Application and Services.

4.5.2. The User may invite new users to register for the Services.
The Publisher reminds the User of the legal prohibition imposed by the Law on Confidence in the Digital Economy n° 2004-575 of June 21, 2004, under which it is strictly prohibited to send commercial emails to people who have not expressly given their prior consent to be solicited in this way.
This prohibition therefore applies to sending emails inviting people to join the Services, and the User is invited to identify themselves clearly to recipients as senders of the emails in which they present the Application and invite them to join the Services.

4.5.3. The User will therefore ensure not to send unsolicited emails or any other illegal means in order to recruit new users. Massive recruitment of new users outside of close friends and family, whether through online ads, social networks, discussion forums, or any other means of dissemination is indeed strictly prohibited.
The User may not present themselves in any way to third parties, generally, and especially in the context of seeking new users, as a representative of the Publisher.
This contract implies no relationship of mandate between the Publisher and the User.

4.6 FREE OF CHARGE – ADVERTISING SPACES

4.6.1. TP offers and provides Services to Users entirely free of charge, its business model relying notably on renting advertising spaces on the Application from advertisers.

4.6.2. The Application includes spaces intended for the display of advertising announcements, the management of which TP reserves solely and at its discretion.

4.6.3. As a result, the User acknowledges and formally accepts by validating the present Terms, the presence of advertising announcements in all interactive spaces of the Application where they will publish Contents during the duration of the contract, TP remaining the sole decision-maker regarding the identity of the advertisers, the number, format, duration of diffusion and placement of advertising announcements.
The User may, however, decide to remove these advertisements by subscribing to the Premium mode of the Application, following the specific conditions referred to under Article 4.7.

4.6.4. TP remains the sole beneficiary of the advertising revenues resulting from the rental of advertising spaces on the interactive spaces of the Application where they will publish Contents during the duration of the contract, the User cannot claim any portion of these revenues.

4.7 PREMIUM MODE

The User may subscribe to the premium mode of the Application, which allows them to remove the display of the advertisements referred to under Article 4.6. The monthly subscription amount is highlighted in the Application. The subscription, which consists of an in-app purchase on the App Store or on Google Play, following the contractual conditions proposed by each of these platforms and in perfect independence from the present, has a minimum duration of one (1) month, cancellable at any time according to the provisions of the aforementioned platforms, any monthly period started being however fully due.

5. WARRANTIES

5.1. TP has designed the Application to provide Users with a virtual environment that offers a reasonable level of security within the Use of the Application and Services, as well as their interactions with third parties through the Application.
The Publisher guarantees in this regard:

• a) The compliance of the Application and Services with the functionalities described on the page https://www.teampulse.net/, during the duration of their membership to the Services. The Services are deemed to be made available to the User "as is", without being subject to specific adaptations. They correspond to a standard technical solution that could not meet all the specific needs of Users, especially Administrators. It is therefore up to the User to verify the adequacy of the functionalities offered by the Services with their needs and to take all necessary precautions in this regard;

  
  

• b) That they will implement all means to ensure that the Application and Services will be free of viruses, automatic usage limitations, software locks or any other elements limiting the Users' freedom of use or likely to damage the computer system and data of Users, or to disrupt their activity;

  
  

• c) That they do not violate and will not violate the Intellectual Property Rights of Users and/or third parties, and that they have obtained all consents from third parties and other possibly necessary permissions for the execution of the Services, and that Users will be able to enjoy peacefully the Services;

  
  

• d) That they will provide the Application and Services at a quality level complying with the state of the art and in accordance with the applicable laws and regulations.

5.2. The Publisher commits to implementing all necessary means to ensure the functioning of the Application and Services under the best conditions of throughput, connection time, and permanence.
The User is warned of technical hazards inherent to the Internet, and the interruptions of access that may result from them. The User acknowledges and accepts therefore that the Publisher cannot be held responsible for any potential unavailability or slowdowns of the Application and Services, and that it is not in a position to guarantee continuity of access, provided in SaaS Mode. Due to the very nature of the Internet and the necessary computer and network infrastructures required for the functioning of the Application and Services, the Publisher cannot in fact guarantee its functioning 24 hours a day and 7 days a week.

5.3. The Publisher also reserves periods for maintenance, updates, or technical interventions, likely to cause interruptions in access to the Services. The Publisher commits to limit in number and duration such interruptions.

5.4. In all cases referred to in Articles 5.2 and 5.3, any dysfunction or unavailability of Services that may result cannot be considered as periods during which the Publisher is not fulfilling its obligations, and no compensation will be paid to the User or anyone else, regardless of the prejudice potentially suffered by them or by third parties as a result of these dysfunctions or unavailability.
The same will apply to all direct or indirect damages suffered by the User or by third parties, arising from the use of the Application and Services.

5.5. The Publisher cannot be held responsible for any accidental deletions, losses, or alterations of Contents and all documents and information made available or generated through the Services. The Administrator acknowledges and accepts in this regard that the User Space must not in any case be considered and used by the User as a storage and/or archiving space for these Contents, documents, and information, and the User is invited to use means distinctly from the User Space and Services to ensure their storage and/or archiving.

5.6. The Publisher's responsibility, which can only be engaged on the basis of the provisions of articles 1231 and following of the Civil Code and solely based on a general obligation of means, will be limited to direct damages only, excluding indirect damages that the User and/or third parties may suffer due to potential breaches by the Publisher in the execution of its obligations.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. All data of any kind, including texts, questionnaires, graphics, logos, icons, images, audio or video clips, photographs, trademarks, software, features of the Application, are necessarily protected by copyright, trademark law and all other intellectual property rights, and belong to the Publisher or to third parties who authorized the Publisher to exploit them.
Any reproduction and/or representation of any kind without permission of any data referred to under this article constitutes an infringement and will be subject to legal action.

6.2. TP, as the publisher of the Application, grants the User a private, non-collective, and non-exclusive usage right on the data mentioned under Article 6.1.
The audio or video data are broadcast in Streaming mode, meaning that they are accessible and viewed on demand and in real time by the User, who cannot download, copy, store, or redistribute the contents.
The User, unless they risk engaging their civil and criminal liability, agrees not to reproduce, summarize, modify, alter or redistribute, without the express prior authorization of the Publisher, all or part of the data referred to under Article 6.1.

6.3. The Publisher, as the provider of the Application and Services, holds all intellectual property rights over the technical elements composing the Application.
The Publisher, declaring to hold the rights to do so, grants the User the right to access and use the Application and all its functionalities for the entire duration of their membership to the Services.

6.4. This grant of usage rights, personal to the User, non-exclusive, and non-transferable, includes in particular the right to load, display, and execute the Application and all its functionalities when these acts are necessary for their use and for the exclusive needs of the Teams to which they are attached.
The User is not allowed to make the Application and Services available to third parties, by any direct or indirect means, or to transfer or resell them to third parties.

6.5. The User further refrains from any modification, correction, translation, and adaptation of the Application and Services.

6.6. The User acknowledges and agrees that upon expiration of this contract, for whatever reason, including in the event of closure and deletion of the Team(s) to which they are attached, and unless they are a member of other Teams still active on the Application, the Publisher will permanently delete their User Space, without the User being able to make any claim against the Publisher or seek any compensation

6.7. TEAMPULSE is a registered trademark, for which the Publisher holds the exclusive exploitation rights.
The User agrees not to infringe in any way upon this trademark, and not to use any of them without the formal prior authorization of the Publisher.

6.8. The User, declaring and guaranteeing they hold the rights to do so, grants to the Publisher, on a non-exclusive basis, for the entire legal duration of the protection of the Contents under copyright law, including when the Contents may eventually no longer be published on the Application, as well as from the expiration of this contract for whatever reason:

• a) The right to adapt to its technical constraints, to represent the Contents on the Application;

  
  

• b) The right to reproduce, record, and store the Contents on all hosting servers, aimed at their dissemination on the Application;

7. DURATION AND TERMINATION

7.1. The User's membership to the Services is concluded for an indefinite duration.
The User may terminate it at any time by clicking on the "Login Information" button and then "Delete my account" accessible on their Profile on the Application. This deletion being irreversible, they will be asked to enter the text "delete" to avoid any accidental deletions. In the case where they are the sole Administrator of one or more Teams, and where no other Administrator will come to replace them in this function, they must confirm to the Publisher their intention to delete said Teams, following the modalities referred to under Article 7.2, or appoint another Administrator before deleting their account.

7.2. The Administrator of a Team may decide at any time to delete it, by clicking on the figurative icon "edit team" and then on the button "delete team" accessible on the Application on the page of the concerned Team. This deletion being irreversible, they will be asked to enter the text "delete" to avoid any accidental deletion.

7.3. The Publisher reserves the right to terminate the membership of the User without prior notice or indemnities in the event of breach of obligations resulting from this contract, or in case of violation by the User of current laws and regulations, of national, community, and international scope, as well as to public order and morals. In the case where the User is the sole Administrator of one or more Teams, and/or where no other administrator will come to replace them, they must necessarily have someone else replace them in their function. In the absence of such substitution, within 30 days following the closure of their Profile, the Publisher will automatically proceed with the deletion of the concerned Teams within a period of 3 months following the deletion of the User's Profile, without the latter or any other person being able to oppose or claim any compensation.

7.4. In all cases of deletion of a Profile, or of the Team(s) to which they were attached, the Publisher will permanently delete the User's Profile and/or the concerned Team(s) as well as all Contents and data accessible on them within a period of 3 months following the closure of the User's Profile or of the concerned Team(s), without the User or any other person being able to oppose or claim any compensation. When the User has published Contents in the interactive spaces of the Application, these will remain accessible but will be anonymized, meaning they will no longer be attributable to the User's Profile.

7.5. The Publisher retains the right to temporarily or permanently suspend the provision of all or part of the Services in the event of force majeure, as defined by article 1218 of the Civil Code, or also in a discretionary manner, without the User or any other person being able to oppose or claim any compensation. The present Terms will then be automatically terminated.

8. PERSONAL DATA

8.1. The Publisher collects and processes personal data of Users in compliance with the legal requirements of the French Data Protection Act of January 6, 1978 and the Regulation (EU) 2016/679 of April 27, 2016 on the protection of data (GDPR).

8.2. The purposes, recipients, conservation durations, and conditions under which the Publisher collects and processes personal data, as well as the rights of the persons concerned in connection with these processing operations are precisely detailed in the " TEAMPULSE Data Management and Cookies Policy "

8.3. The Administrator User is solely responsible for collecting and processing personal data they perform within the context of their use of the Services on behalf of the concerned Team(s). It is their responsibility in this regard to comply strictly with the legal requirements of the French Data Protection Act and the GDPR, particularly concerning the obligations incumbent upon a data controller under the GDPR.

8.4. In cases where the Publisher is required, in the context of the operation of the Services, to process personal data communicated by the Administrator User, it will intervene solely as a subcontractor within the meaning and according to the obligations provided for by the GDPR.

9. MISCELLANEOUS

9.1. For any information or question, TP invites the User to consult the FAQ section on the Site, gathering the most frequently asked questions and their solutions. In case the User has not found satisfaction in the FAQ, they can contact support via the following email address: support@teampulse.net or through the contact form.
No request will be accepted or processed by phone.

9.2. The present conditions express the entirety of the obligations of the Publisher as well as of the User.
The Publisher reserves the right to unilaterally modify the terms of the present Conditions, notably in case of technical, legal, or jurisprudential evolutions, or upon the establishment of new services.
The new clauses will govern all future relations between the Parties, and only the new version will prevail between them, the applicable conditions always being those accessible online on the Site.

9.3. In the event that one of the provisions of these conditions is deemed null under a legal or regulatory provision, present or future, or a court decision with the authority of res judicata emanating from a competent court or body, this provision of the contract would be considered as unwritten, all other provisions of the present retaining binding force between the parties.

9.4. In case of dispute, only the French version of these General Terms of Services will be authoritative for its interpretation.
The present conditions are governed by French law for both substantive and formal rules.
Any dispute arising from the execution or interpretation of these provisions of the present contract obliges the parties to come together and attempt to find an amicable solution to their dispute before referring it to the competent jurisdiction.

IN CASE OF FAILURE, ONLY FRENCH COURTS WILL HAVE JURISDICTION TO JUDGE THIS DISPUTE.